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P �Ap L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam _ computer, use Conservation Commission only the tab Ivey to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Dept. of Conservation & Recreation same return key. Name Name P.O. Box 484 � Mailing Address Mailing Address Amherst MA 01004- City/Town State 0484 City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Road Repair Project 2/22/2011 Title Date Title Date Title Date 2. Date Request Filed: Aprils;2011 C" B. Determination ,' 3 Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission consid�d y Request for Determination of Applicability, with its supporting documentation, and mad€thefRwing Determination_ 3 Project Description (if applicable): >a N �r Roadway repair. Project Location: Park Road off North Road Feeding Hills Street Address City/Town Assessors Map]Plat Number ParcellLot Number wpafarrn2.doc-rev.12/15100 Page 1 of 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(Le., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and documents) is within the Buffer Zone and will. alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name _ Ordinance or Bylaw Citation i wpaformldoc-rev.12115100 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands • WPA Form 2 -- Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) - ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 1 a.58(4)c_ for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located,the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1, The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Notify the Conservation Commission 48 hours rior to this re air of an existin roadwa . ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.dvc rev.12115100 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cant.) T ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required; Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on April 15, 2011 Date Date T This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes,ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). CElSignatures: c April 14, 2011 _ Date wpaform2-doc•rev.1211540 page 4 of 5 �)M poi4ov-�r Massachusetts Department of Environmental Protection L7Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When tilling out From: forms on the Agawam _ r" computer, use Conservation Commission -� n only the tab 3E key to move To: Applicant Property Owner(if different frorleappl your cursor- ��' A c� do not use the James Ingari - f return key. Name Name 3� 144 Parker Street �"►. Mailing Address Mailing Address © yrQ Agawam MA 01001 _n nq City/Town State Zip code Gity£fown StateL'v Wpde r" 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Town of Agawam Interactive Map K11 2 2, 4/14/11 Title Date Title Date — Title _ Date 2. Date Request Filed: April 29, 2011 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Remove stumps and regrade lawn. Project Location: 144 Parker Street Agawam Street Address Cityfrown K11 2/2 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.12f15100 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands l WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations.- Positive Determination !Vote: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform2.doc•rev.12115W Page 2 of 5 k Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the and of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work,described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the fling of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform2.doc•rev.12 I5MO Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cunt.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required.- Exempt Activity(site applicable statuatorylregulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on May 13, 2011 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). ❑❑Signatures: f � � MaY 12, 2011 Date wpaform2.doc•rev.12115/00 Page 4 of 5 S'�2,uer� Dr� ae TO"W of AGAWAM CONSBRVAUON COMMISSION 36 MAIN ST.,.AGAWAM, MA 01001 78&0400, W. 245 April 20,2011 Vadim&Nina Babinov 92 1/z Paul Revere Drive Feeding Hills, MA 01030 Dear Mr. &Mrs. Babinov: At its duly called meeting held on April 14, 2011, the Agawam Conservation Commission voted to amend its Enforcement Order issued to you and dated March 24, 2011. The Enforcement Order was amended to require that you submit a Restoration Plan of your property showing size and location of proposed plantings; the area is to be cleaned up; and the stumps are to remain and are to be grinded. The Restoration Plan is to be submitted prior to the Commission's April 28' meeting. If you have any questions, please contact this office at 786-0400, extension,245. Sincerely, Henry7Aozloski, Chairman AGAWAM CONSERVATION COMMISSION AFT- a 3 HAK:prk nC:) cc: Town Clerk,DEP, File a �' rn rn *NOTE: THE SHED APPEARS TO BE ENCROACHING ONTO THE DRAINAGE EASEMENT, ;* DRAINAGE EAS29ENT RECORDED IN PLAN BOOK #185 PAGE #4--5. +A PORTION OF TINE-PROPERTY IS LOCATED WITHIN THE FLOOD ZONE. SEE ATTACHED FLOOD PANEL #250133 001 A. LOT 91 LOT 55 205 00' 20.00' WIDE DRANNAGE EASEMENT z + x x x x x -� LOT 54 gHE� O _ LOT 92 CID Z ' DECK Ca C� v°► m �o HOUSE a ,� 921/2 H z O — --- ❑ I t� 9 t� f 9 98.04 23.27 ' ALSO NOTE: PAUL REVERE DRIVE THE LOT SHOWN IS REVISED FROM THE ORIGIONAL DEED 11322/445 AND PLAN 147/60-61 TO SHOW A TAKING ALONG PAIL REVERE DRIVE AND AN ADDITIONAL DRAINAGE EASEMENT. f HAVE EXAMINED THE PREMISES AND TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL EASEMENTS. ENCROACHMENTS THIS IS A TAPE INSPEC71ON PREPARED FROM DEEDS AND PLANS OF RECORD AND BUILDINGS ARE LOCATED AS SHOWN. FOR MORTGAGE PURPOSES ONLY AND NOT TO BE USED FOR RECORDING TFSiS PROPERTY IS LOCATED W17HM THE ESTABLISHED OR THE ESTABLISHING OF PROPERTY LINES. 100 YEAR FLOGD HAZARD ZONE. (ZONE "A" MORTGAGE INSPECTION PLAN SCALE : 1" = 3oT jµ VADIM P. BOBINOY & DATE: MAY 13,2009 0��' �y FRANK NINA P. BOBINOVA LOT N O: 54 l A.RUE !R. H ADDRESS: 922 PAUL REVERE DRIVE FRANK A. RUELI JR No.36391 AGAWAM, MA PROFESSIONAL LAND SURVEYOR �1! GISTSV' Q� HAMPDEN COUNTY REGISTRY 12 CENTERWOOD DRIVE c iAN95� DEED BOOK: --- PLAN BOOK; 195 AGAWAM, MA PAGE --- PAGE: 1 PLAN NO. 03109 �l�'la Paul i',Urse 'pr- Atbi)iov, Lddli0.7 TOWN OF AGAWAM CONSERVATION COMMISSION 36 AL41N ST.,AGAWAM, MA 01001 786-4400, ext. 245 June 24, 2011 Vadim&Nina Babinov 92 '12 Paul Revere Drive Feeding Hills, MA 01030 Dear Mr. & Mrs. Babinov: At its duly called meeting held on June 23, 2011, the Agawam Conservation Commission voted to lift the Enforcement Order issued to you and dated March 24, 2011. Thank you for your cooperation on this matter. If you have any questions, please contact this office at 786-0400, extension 245. c Sincerely, p Henry A. Kozloski, Chainnan AGAWAM CONSERVATION COMMISSION r HAK:prk [ � Cc: Town Clerk, File, DEP �Irr� V, VadIrP4 A'iN Q�`la Paul P-R. Q fir-- Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam March 24, 2011 Computer, use Conservation Commission(issuing Authority) Date only the tab key to move To: your cursor- do not use the Vadim & Nina Babinov _ return key. Name of Violator 92 1/2 Paul Revere Drive VQ Address 1. Location of Violation: same _ Property Owner(if different) area between 92.1I2 Paul Revere Drive and 3 independence_Road Street Address Feeding Hills 01030 Cityrrown Zip Code C8 2/8 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Cutting of trees within riverfront area of perennial stream. Co .. n Cn -n oc — rn B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M,G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated File Number Condition number(s) wpaform9e.doc•rev.7114104 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands ` WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: A Notice of Intent is to be filed for the restoration of the area where the trees have been cut. The Notice of Intent must be submitted by Aril 14, 2011_ Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaformga doc•rev.7/14/04 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A. Kozloski, Chairman _ Name 78E-0400, ext. 245 Phone Number Hours/Days Available Issued by: Agawam - Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: 01 710cc4 cuiOGot) I n 5dS- Signature of.delivery person or certified mail number wpafosm9a.dcc•rev.7 INN Page 3 of 3 �h�e1Ps ��rn� �►� i� TownfAgawam a r r .•� 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July 19, 2013 v w C Mayor Richard A. Cohen 36 Main Street Agawam,MA 01001 - N Dear Mayon Cohen: o At its dully called meeting held on July 18, 2012, the Agawam Planning Board voted to approve the Site Plan entitled:"Phelps Elementary School:Proposed Driveway Loop" - prepared by the Town of Agawam Department of Public Works and dated July 18, 2013 with the following conditions: all plantings are to be maintained annually; the gates are to be locked at the end of the school day; dead or diseased plants shall be replaced in a timely manner; and "No Parking/Standing" signs be installed and enforced. Sincerely, Travis P. Ward, Chairman Agawam Planning Board cc: Engineering Building Dept. File J d rn NJ L1Massachusetts Department of Environmental Protection Provided by MassDE'PJ 1 Bureau of Resource Protection-Wetlands MassDEP File#:097m0586 1 WPA Form 5-Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/TownAGAWAM A. Genera!Information 1.Conservation Commission AGAWAM 2.Issuance a_ r OOC b.C- Amended OOC 3.Applicant Details { a.FirstName CHRISTOPHER b.Last Name GOLBA c.Organization TOWN OF AGAWAM DEPARTMENT OF PUBLIC WORKS d.Mailing Address 10oo SUFFIELD STREET e.City/Town AGAWAM £State MA g,Zip Code 01001 4.Property Ovmer a First Name GERALDINE b.Last Name LIQUORI c.Organization d.Mailing Address 340 PINE STREET e.City/Town AGAWAM f.State MA g.Zip Code Wool 5.Project Location a.Street Address PINE STREET,BARRY STREET,SOUTH WESTFIELD STREET b.City/1'own AGAWAM c.Zip Cade 01001 d.Assessors Map/Plat#D2,D4 e.Parcel/Lot# VARIOUS f Latitude 42.0359N g.Longitude 72.67865W 6.Property recorded at the Registry of Deed for: a.County b.Certificate c.Book d.Page HAMPDEN 3758 366 7.Dates a.Date NOI Filed: 113/2012 b.Date Public Hearing Closed: 1/26/2012 c,Date Of Issuance:2/23/2012 8.Final Approved Plans and Other Documents a.Plan Title: b.Plan Prepared by: c.Plan Signed/Stati►ped by: d.Revised Final Date: e.Scale: Page I of I I *ELECTRONIC COPY / 7Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands eDEPMass TrP File im#: 0586 WPA Form 5 - Order of Conditions eDEP Transaction#:453564 `' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town:AGAWAM PHASE II SOUTHWEST AREA SEWER EXTENSION PROJECT February,2012 CONTRACT NO. 1 PIPELINES, CONTRACT NO.2 PUMP STATIONS B. Findings 1..Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a r Public Water Supply b. . Land Containing Shellfish C.r Preve ion of Pollution d. r Private Water Supply e. r Fisheries f. r Protection of Wildlife Habitat g. r Ground Water Supply h. 1 Storm Damage Prevention i. (✓ Flood Control ` 2.Commission hereby finds the project,as proposed,is: Approved subject to: a.r The following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission ordersthat all work shall be performed m accordance with dmNotice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: b.r The proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.'Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect interests of the Act,and a foal Order of Conditions is issued A description of the performance standards which the proposed work cannot meet is attached to this Order. c.r The information submitted by the applicant is not sufficient to describe the site,the work or the effect of the work on the interests identified in the Wetlands Protection Act,Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the interests of the Act,and a final Order of Conditions is issued A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3.r" Buffer Zone Impacts:Shortest distance between limit of project disturbance and the wetland resource area specified in 310CMR10.02(Ixa). a.linear feet Inland Resource Area Impacts:(For Approvals Only): Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement Page 2 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0586 LAI ".� WPA Form 5 - Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/l'own:AGAWAM 4. F17 Bank 123 123 123 123 a.linear feet b.linear feet c.linear feet d,linear feet 5.r Bordering Vegetated Wetland 35 35 35 35 a.square feet b.square feet c.square feet d.square feet 6. 1✓Land under Waterbodies and Waterways 990 990 990 990 a.square feet b,square feet c.square.feet d.square feet 0 e.cly dredged f.rly dredged 7.lr'Bordering Land Subject to flooding 854 854 854 854 a square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage 0 0 e.cubic feet f cubic feet g.cubic feet it cubic feet 8.r Isolated Land Subject to Flooding a square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic foetl et 9.F Riverfront Area 33872 33872 a.total sq.feet b.total sq.feet Sq ft within 100 ft 32207.5 32207.5 c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft 1664.5 1664.5 g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Resource Area Proposed Permitted ' Proposed Permitted Alteration Alteration Replacement Replacement 10.r Designated Port Areas Indicate size under Land Under the Ocean,below - 11.r Land Under the Oceazx a.square feet b.square feet c.c/y dredged d.c,/y dredged 12.r Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13.r Coastal Beaches a,square feet b.square feet c.c/y nourishment d.c/y nourishment 14.r Coastal Dunes a square feet b.square feet c.c/y nourishment d.c!y nourishment 15.r Coastal Banks a linear feet b.linear feet Page 3 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Ll\l �'- Bureau of Resource Protection-Wetlands MassDEP File#:087-0586 WPA Form 5 - Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 CitY/Town:AGAWAM 16.r Rocky Intertidal Shores a square feet b.square feet 17.r Salt Marshes a square feet b.square feet c.square The d.square feet 18.r Land Under Salt Ponds _ I square feet b.square feet c.cly dredged d.c/y dredged . 19.r Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet - Indicate size under Coastal Banks,inland Bank,Land Undarthe 20.r Fish Runs Ocean,and/or inland Land Under Waterbodies and Waterways, above e.c/y dredged d.Uy.dredged 21.r Land Subject to Coastal Storm Flowage a.square feet b.square feet 22. r Restoration/Enhancement(For Approvals Only) If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.5.c&d or B.I7.c&d above,please entered the additional amount here. a.square feet of BVW b.square feet of Salt Marsh 23. r Streams Crossing(s) If the project involves Stream Crossings,please enter the number of new stream crossings/number of replacement stream crossings. a.number of new stream crossings b.number of replacement stream crossings C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are only applicable to Approved projects 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the pemhittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes,ordinances,bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following fly.. a.the work is a maintenance dredging project as provided for in the Act;or b.the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance.If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a Page 4 of 1 I *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided byMassDEP: Bureau of Resource Protection-Wetlands MassDEP File#:087-0596 t WPA Form S -Under of Conditions eDEP Transaction#:453564CityfTown:AGAWAM 4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. If this Order constitutes an Amended Order of Conditions,this Amended Order of Conditions does not exceed the issuance date of the original Final Order of Conditions. 7. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash,refuse,rubbish,of debris,including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. 9. This Order is not final until all administrative appeal periods from this Order have elapsed,or if such an appeal has been taken, until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property.In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work.. l0. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or'MassDEP"] File Number:"087-0586" 11. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before Mass DER 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Farm 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland,the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging.Once in place,the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.During construction,the applicant orhislher designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary, Sedimentation barriers shall serve as the limit of work unless another limit of work he has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19- The work associated with this Order(the"Project")is(1) 1~ is not(2)t— subject to the Massachusetts Stormwater Standards. If the work is subject to Stormwater Standards,then the project is subject to the following conditions; Page 5 of 11 *ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection_ Wetlands MassDEP File#:087-0586eDEP Transaction#:45356A WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CftyfTownAGAWAM a) All work,including site preparation,land disturbance,construction and redevelopment,shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and,ifapplicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimir a m System Construction General Permit as required by Stormwater Standard 8,Construction period erosion,sedimentation and pollution control measures and best management practices(BMPs)shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that:E all construction period BMPs have been removed or will be removed by a date certain specified in the Certification.For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation,recharge,and/or treatment,the conversion is allowed by the MmDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment tapped in inlet and outlet control structures;a.as-built final construction BMP plans are included,signed and stamped by a Registered Professional Engineer,certifying the site is fully stabilized;iE any illicit discharges to the stormwater management system have been removed,as per the requirements of Stormwater Standard 10;iv.all post-construction stormwater BMPs are installed in accordance with the plans(including all plarding plans)approved by the issuing authority,and have been inspected to ensure that they are not damaged and that they are in Proper working condition;v.any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMW maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance.Prior to requesting a Certificate of Compliance,or Partial Certificate of Compliance,the responsible party(defined in General Condition 19(c))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement")for the Stormwater BMPs identifying the party responsible for implementing the stotmwater Bw Operation and Maintenance Plan("O&M Plan')and certifying the following:i.)me O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance,and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution Prevention plan section of the approved Stormwater Report and,if applicable,the Stormwater Pollution Prevention Plan required by the National Pollutant Discharge Elimination System Multi-Sector General Permit e) Unless and until another party accepts responsibility,the landowner,or owner of any drainage easement assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agreement of record,acceptable to the issuing authority,evidencing that another entity has accepted responsibility for maintaining the BMP,and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f)through 19(k)with respect to that BMP.Any failure of the proposed responsible party to implement the requirements of Conditions 19(f)through 19(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance.In the case of stormwater BMPs that are swing more than one lot,the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs.A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement t} The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans,the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. g) The responsible party shall: 1.Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections,repairs, maintenance and/or replacement of the stormwater management system or any part thereof;and disposal(for disposal the fog shall indicate the type of material and the disposal location); 2.Make the maintenance log available to MassDEP and the Conservation Commission("Commission")upon request;and 3.Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. Page 6 of 11 r ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0586 WPA Form 5- Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 City/Town.AGAWAM h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal,state,and local laws and regulations. ) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3,Chapter 1,Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance,repair,and/or replacement of BMPs shall not be withheld.Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions: SEE ATTACHED CONDITIONS. Page 7 of 11 *ELECTRONIC COPY TOWN OF AGAWAM,MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS Phase Ii Sewers - Town of Agawam - #87-0586 20. The Order of Conditions applies only to the work permitted by this Order. Any other work to be done within the area of statutory interests of Wetlands Protection shall require the filing of a new Notice of Intent or Request for Determination. 21. During the construction phase, the applicant shall be responsible for maintaining a copy of these Orders at the site. The applicant shall be responsible for compliance with the conditions of these Orders. 22. A construction sequence is to be submitted to the Conservation Commission which shall include an estimated time line for completion of construction activities. 23. Detailed plans for the stream crossings are to be submitted to the Conservation Commission for their approval at least two weeks prior to commencement of work. Plans shall include: drawings and a description of each coffer dam system required with sufficient detail to disclose the method of operation for each of the various stages of construction required for the completion of the coffer dam systems and for the work in the coffer dam area; description and drawings of the method of dewatering the work area, and the method of bypassing flows around the work area; a detailed description of the sequence of construction, work and removal of the coffer dams; and proposed staging areas. 24. No work on this project shall commence until the Commission has received and approved in writing, items#22 and#23 in this Order of Conditions. 25. In advance of any work on this project, the applicant shall contact the Conservation Commission and arrange a conference between the Commission, contractor, designer/engineer, and applicant. The purpose of this conference is to insure that all of the Orders are understood. This conference shall take place at a regularly scheduled Commission meeting. 26. Conservation Commission shall be provided with a list of contact names and numbers (i.e. environmental inspector,project manager/foreman). 27. A certified environmentalist shall be on site every day during all stream crossings and shall make daily written reports to the Conservation Commission. When each stream crossing has been completed and restored, the Commission shall be notified for an on-site inspection. 28. A certified environmentalist shall be on site during reconstruction of Pine St. and installation of sewer lines when the work is occurring within areas of statutory interest and make weekly written reports to the Conservation Commission. 29. The Commission shall be notified at least seventy-two hours prior to any work commencing on the brook crossings. 30. The streams shall be monitored to determine when they are at low flow. All work on the brook crossings shall take place during low flow periods. 31. Prior to the start of construction, adequate erosion and sedimentation control measures shall be implemented, and shall be maintained throughout the entire construction phase and until the site has become stabilized with permanent vegetative cover. Weekly monitoring reports shall be sent to the Conservation Commission. 32. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place in areas of statutory interest to enable the Commission to ensure compliance with these Orders. 33. The project proponent and/or their contractor(s) shall be held responsible and accountable for the true and accurate implementation and construction of his/her design or plan. Should any accidental deviation from the approved plan occur,the engineer/designer shall notify the Commission immediately to determine if a new Notice of Intent is required. If any changes to the approved plan are anticipated,the engineer/designer shall likewise notify the Commission to determine if a new Notice of Intent is required. in any case the Commission may deny any deviation, accidental or intended, from the approved plan. 34. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area. 35. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 36. At no time shall any construction materials, soils, fills, sediments, dredging or any other substances be.stockpiled or stored in any area of statutory interest with the exception of those locations shown on the approved plan. 37. The boundary of the area of statutory interest shall be marked as follows: With wooden stakes 4 feet high and the top 6 inches marked with: orange day-glow type paint for Bank stakes; green day-glow type paint for wetland stakes; and red day-glow type paint for vernal pool stakes. All wooden stakes must be in place before work begins in these areas. Pine St. (stream crossing)-wooden stakes with orange day-glow type paint: East side of stream: CC2-Bank, CC3-Bank(south side); CC23-Bank,CC24-Bank(north side). West of stream crossing: CC6-Bank, CC7-Bank (south side); CC27-Bank, CC28-Bank, CC29-Bank (north side). Pine Street(wetland)-wooden stakes with green day-glow type paint: East Side of Pine Street(bvw wetland flags)locations: C 1, C2, C3, C4, C5, C6, C7, C 8, C 14, C 15, C 16, C 17, and C 18. Barry Street(stream crossing)-wooden stakes with orange day-glow type paint: East side of stream bank flags (south side): G-2 Bank, G-3 Bank, G-4 Bank, and G-5 Bank. West side of stream bank flags (south side): GG2 Bank, GG3 Bank, GG4 Bank. Barry Street(wetland boundary)-wooden stakes with green day-glow type paint: East side of stream (south side): G2-BVW, G3-BVW, G4-BVW, G5-BVW, G6-BVW, G7- BVW, G8-BVW, G9-BVW, Gi0-BVW, GII-BVW, G12-BVW, G13-BVW, G14-BVW, G15- BVW, G16-BVW, and G17-BVW. West side of stream (south side): GG2-BVW, GG3-BVW, GG4-BVW, GG5-BVW, GG6-BVW, GG7-BVW. Barry Street(possible vernal pool location): wooden stakes with red day-glow type paint: PVP-GG1, PVP-GG2,PVP GG3,PVP- GG4, PVP-GG5,PVP-GG6, PVP-GG7, PVP-GG8, PVP-GG9, PVP-GG10, and PVP-GGI 1. 38. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 39. The construction site shall be left in a stable condition at the close of each day. Erosion and sedimentation controls shall be continuously monitored to ensure proper operation. The Conservation Commission is to be notified immediately if any failures in the erosion controls occur. 40. The areas at the stream crossings on Pine and Barry Streets shall be monitored for three growing seasons. Monitoring reports are to be provided to the Conservation Commission as follows: annual reports shall be submitted no later than October 30th of each calendar year for a period of three(3)years. The first annual report shall document the implementation of the restoration plan. The second and third annual reports shall document the progress of restoration, and any corrective actions required for continued success. Reports to include: narrative description of activities performed to date and observations of the restored areas, copies of monitoring forms and color photographs. 41. If any additional alteration of the wetland/resource area does occur, the Commission shall impose such measures as it finds necessary to protect and restore the areas of statutory interest. 42. All catch basins should be cleaned and inspected for possible repair. 43. Periodic maintenance/cleaning of the swales and infiltration basins at the Pine Street and Barry Street pump stations shall be conducted. 44. An as-built plan of the project shall be submitted to the Commission prior to the issuance of the Certificate of Compliance. 45. The Barry Street and Pine Street parcels that contain the pump stations shall carry the following restrictions, and a covenant so noted on each deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush,digging, filling in with soil or debris, or the building of bridges is permitted within one hundred (100)feet of the designated wetland areas or within 200'of any designated river without specific approval granted by the Conservation Commission." 46. The Commission reserves the right to impose additional conditions on any or all portions of this work to minimize the impact of potential site erosion or noticeable degradation of water quality discharging from the site at any time. 47. Members and Agents of the Agawam Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the construction site to evaluate compliance with the order and to require the submittal of any additional information deemed necessary. 48. This order shall apply to all successor or assignee in interest or control of the subject property. Any conveyance of interest or control in the subject property shall make reference to this order by stating that the conveyance is subject to the provisions of an Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, and by giving the book and page reference in the Hampden County Registry of Deeds where this order is recorded, 49. The petitioner shall have recorded in the Hampden County Registry of Deeds an "Order of Conditions Form" provided by this Commission. The Commission will not allow work to begin until proof of recording is provided the Conservation Commission. 50. There shall be a DEP# (87-0586) sign at the Pine Street pump station and Barry Street pump station(Still Brook). Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MassDEP File#;087-0586 LA-1 , � WPA Form 5- Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L.c. I31, §40 CityCfown f1GAWAM A Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable?r Yes r No 2. The Conservation Commission hmbyfcheck one ftt a lies : a. r DENIES the proposed work which cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards,and a final Order or Conditions is issued,Which are necessary to comply with a municipal ordinance or bylaw: b. r APPROVES the proposed work,subject to the following additional conditions. 1.Municipal Ordinance or Bylaw 2.Citation 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows: Page 8 of 11 *ELECTRONIC COPY LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEP Transaction# City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special yG'5? —1o�2 condition pursuant to General Conditions 94,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. -1i- This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically,and the property owner,if different from applicant. Signatures: j� V nd delivery on ❑ by certified mail, return receipt requested, on Date 7— Date F. Appeals _ The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CM 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act(llll.G.L. c. 131, §40),and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpaform5.dac• rev.12723109 Page 11 of 12 f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection- Wetlands MassDEP File#:087-0586 r WPA Form 5 - Order of Conditions eDEP Transaction#:453564 Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 CityffownAGAWAM G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property.In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order.In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on this page shall be submitted to the Conservation Commission listed below. AGAWAM Conservation Commission Detach on dotted lute,have stamped by the Registry of Deeds and submit to the Conservation Commission. .......................................................................................................................................................................................................... To: AGAWAM Conservation Commission Please be advised that the Order of Conditions for the Project at: PINE STREET,BARRY STREET,SOUTH WESTFIELD 087-0586 STREET Project Location MassDEP File Number Has been recorded at the Registry of Deeds of County Book Page for Property Owner GERALDINE LIQUORI and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land,the document number identifying this transaction is: Document Number Signature of Applicant Rev.ann010 Page 10 of I I *ELECTRONIC COPY ,, l3l.ru�c l'"'cFJFJt! cL l J i Uwl Y ur HUI Ivil i,i ToWn of Agawam 36?Main Street Agawam, Massachusetts 01001-1837 TeL 413-786-0400 Fax 413-786-9927 FORM A Application for EndQaement-qf Plan Not Believgd IQ Sequire AP I FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY 71111' THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION Agawam, MA �UtjE a_ _ T�20 I o TO THE PLANNING BOARD: The undersigned. believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant ca I 1z,r-m L& Address 1. -7 P/A-,h' �;P � 2. Name of Surveyor 4-->,,>j.1l1 Address3M5 LhlUj_ ST, „X i. , 861 ,V4 ,� O n- 3. Deed of Property Recorded inr4rtc�� t o u Book-El 27 Page __ Q _ 4. Location of Property �tpL pF=_ 1Vi= 9T. Sflurttf aF F3r &1-v >sT, S. Describe the proposal in this submission: A- /D' Pglzr-a-L o r Ld4rtD TD 0r4-j_C- -u 19-tEc,15- 6jj(Dr4Er., ATTACHMENTS -Two originals and three copies of plan by certified land sury or, Filing Fee - - Signature of Owner Address 47 TOTAL P.02 T` �� Town of Agawam 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786-9927 June 17, 2010 w Andrea Poirier& Gene Barceleau 467 Pine Street Feeding Hills, MA 01030 Dear Ms. Poirier and Mr. Barceleau: �= At its duly called meeting held on June 17, 2010, the Agawam Planning Board voted to approve ' your plans under "Subdivision Control Law Not Required" for a parcel of land located on Pine Street. Plans drawn by Ronald Huot and dated May, 2010. Sincerely, AGAWAM PLANN B ARD Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam,MA 011001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Poirier/Barceleau and approved by the Agawam Planning Board for a parcel of land located on Pine Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant Agawam Department Me o To: Planning Board From: Christopher C. Johnson, Esq_ CC: Date: October 16, 2008 Re; Zone Change Request—475 Pine Street A question has arisen regarding the ownership of a portion of the above referenced parcel of land which is currently owned by Grace Baptist Church of Springfield (See Hampden County Registry of Deeds Book 9191, Page 569). The question involves a strip of land which goes through the middle of the parcel which was previously deeded to The Hartford & Connecticut Western Railroad Company (See Hampden County Registry of Deeds Book 586, Page 108). Attached is a copy of a detailed letter from Attorney Brad Martin, who represents Grace Baptist Church,which addresses the issue at hand. Please be advised that I have reviewed the information in Attorney Martin's letter that l am capable of reviewing, and find it to be accurate. I concur with Attorney Martin's opinion that-Grace Baptist Church owns the entire parcel for which they are seeking a zone change. The deed of the property to The Hartford & Connecticut Western Railroad Company (See Hampden County Registry of Deeds Book 586, Page 108) was made with a possibility of reverter. In other words, the ownership of the property would revert to the grantor or his successors and assigns(in this case Grace Baptist Church), once the property ceased to be used as a railroad. According to Attorney Martin, the railroad right of way was abandoned in 1938. As such, in 1938 when the property ceased to be used as a railroad, the title to the strip of property in question reverted back to Grace Baptist Church's predecessors in title and ultimately was conveyed to them in 1995. This is supported by M.G.L. c. 260, § 3 1 A and the Supreme Judicial Court decision in Town of Brookline v.__CareY, 355 Mass. 424(1969) The Roys' acquired only what title (See Hampden County Registry of Deeds Book 5957, Page 402) the Grantors (the Czerpaks) had to the strip in question, if any. In my opinion, the Czerpaks had no title to the strip in question and as such conveyed no title to the Roys. The fact that the town's assessor's office may have listed the Rays as the owners of the strip has no legal bearing on the issue. Please call with any questions. oo Christopher . J hnson 1 i _ i I i MORRISON MAHONEY LLP I E COUNSELLORS AT LAW f TOWER SQUARE MASSACHUSE•TTS NEW HAMPSHIRE 1500 MAIN STREET DosroN I4[ANCIiF51ER SUITE 2400,POST OFFICE BOX 15387 FALL RIVER Bradford R.Marlin,Jr. 4[3-737-4373 SPRTNGFIELD,MASSACHUSMS 01115-5387 SraneaFlEl o NEW JERSEY PARSIPPANY bmarlin aniorrisonlnahon m ey.co NEW YOR YOR FACSIMILE:4I3.734-3I25 WORCESTER CONNECTICUT NEW K VIhItTFORD NEW YRR& ENGLAND RHODEISLAND LONDON PROVIDENCE October 10, 2008 f Christopher Johnson, Esq. City Solicitor City of Agawam City Hall Agawam, MA 0 100 1 Re: Grace Baptist Church 475 Pine Street, Agawam, MA My,File No. 10031028 i i Dear Mr. Johnson: Please be advised that this office represents Grace Baptist Church. After discussions with j Ms. Dachas and Mr. Baldini, I was advised to send you this letter in order to give you our position regarding the title of the Grace Baptist Church to 475 Pine Street and the rights, if any, of Roger and Patricia Roy, I 1. Grace Baptist Church acquired title by deed of Dwight L. Scott and Clara A. Scott dated July 21, 1995 and recorded with Hampden Ccunty Registry of Deeds in Boole 9191, Page 569. It is described as a 3 acre, more or less parcel of land on the east side of Pine Street, bounded on the North and East by Harrigan, Noble and Crass, respectively, and on the South by the Connecticut-Massachusetts state Iine, and westerly by Pine Street. 2. This same legal description is in deeds in Book 5673, Page 170, and Book 4291, Page 126 in 1951 by Book 2095, Page 360 Louis E. Sparks conveyed to Henry C. Kareczko, and refers back to a deed in 1909. The same legal description as the current description is used in all deeds. i 3. As for the claimed railroad parcel, there is a deed from Joseph A. Czerpak et ux to Roger f Roy and Patricia Roy, dated December 22, 1985, and recorded in Book 5957, Page 402. It is described as beginning at the dividing line between the State of Connecticut on the j south and the Commonwealth of Massachusetts on the north across the railroad right of way and references back title as deeds in Book 586, Page 108 (Sparks Deed) and Book 593, Page 405 (Noble Deed). Czerpak acquired all right title and interest, if any, to a E it i MORRISON MAHONEY LLP i Christopher Johnson, Esq. I October 10,2008 Page 2 lengthy strip of the railroad right of way by deed from Penn Central Railroad, dated May 30, 1984, and recorded in Book 5718, Page 504. The parcel conveyed to Roy is the first parcel in this deed. 4. We have reviewed the back title referenced in the railroad deeds, specifically the Sparks Deed and the Noble Deed and read them in conjunction with railroad plans attached to the deed from Penn Central to Joseph Czerpak with said plans recorded in Book 5718, Pages 504 through 517. These are a right of way plan for the railroad from June 1916, as amended. The plans indicate that the railroad right of way was "abandoned under order of the 1. C. C. Finance Docket No. 11579 March 19, 1938." The abandonment of the right of way is instrumental in determining who owns the underlying fee in the abandoned area. 5. We have determined from a review of the title, including the aforesaid plan, that the relevant parcel or right of way in question was conveyed to the railroad by the Sparks Deed. A review of this deed (Book 586, Page I08) indicates that: "This conveyance is made subject to the following conditions, namely: that the land hereby conveyed shall be used for railroad purposes and in such manner as is usual, necessary, and proper for the construction, maintenance, management and use of a railroad, and whenever said premises shall cease to be so used then the title to said land shall revest in the grantor,his heirs and assigns,who may at such time he the owner of the premises adjoining said land on either or both sides thereof'. This provision caused a reverter of the title. Therefore, Grace Baptist Church has title to this strip of land, as well as the parcels comprising the locus which are on both sides of the abandoned right of way. Neither Czerpak, nor Roy, acquired a fee simple ownership to this parcel because title reverted back in 1938. Title to the Grace Baptist Church property has been insured by CATIC and this report is based on research done by Attorney James Jurgens at CATIC who would be available to speak with you if you have any questions. For your reference, attached are the following: I. Deed to Grace Baptist Church—Book 9191, Page 569 2. Deed to Roy—Book 5959, Page 402 3. Sparks Deed —Book 5$6, Page 108 4. Plan by R.A. Foresi of 475 Pine Street 5. Assessor page for Grace Baptist Church f MORRISON MAHONEY LLP Christopher Johnson, Esq. October 10, 2008 Page 3 Based on the above we would request that the City continue to process the application for a zone change, at least until the Roy's present viable evidence refuting our position. Very truly yours, Bradford R. M n, BRM/ub 40190 ON91 9 1 PW5 6 9 9 U I T C L A I M D E E D N KNOW ALL MEN BY THESE PRESENTS, that We, DWIGHT L. SCOTT and CLARA A. SCOTT, of 60 Juniper Ridge Drive, Feeding Hills, Hampden County, Massachusetts m N for consideration paid, and in full consideration of SEVENTY FIVE A THOUSAND AND 001100 (751000.00) DOLLARS 1 � grant to GRACE BAPTIST CHURCH OF SPRINGFIELD, MASSACHUSETTS, a religious corporation duly established under the laws of the Commonwealth of Massachusetts, of 22 Salem Street, Springfield, r~ Hampden County, Massachusetts, with QUITCLAIM COVENANTIS Certain real estate situate in Agawam, Hampden County, n Massachusetts, o� u On the easterly side of Fine Street, leading from Feeding Hills, Massachusetts to West Suffield, Connecticut and bounded on the North by land now or formerly of John J. Harrigan, land now or ° formerly of Elwyn a. Noble and land now or formerly of Allan Cross, o partly by each; East by land now or formerly of Allan Cross; South e, by the Connecticut-Massachusetts state line and West by the Highway; containing three (3) acres of land, more or less; Ln ,? Being tWh ed to the grantors herein by deed of Romua t d August 24, 19f34, and recorded in the amo Deeds, Book 5673, Page 170. u WI this 21st da of July, 1995. cri Witness i h Scott oWitness Clara sco t � . COMMONWEALTH a ACH SETTS Hampden, ss. 21, 1995 Then personally appear d the ab e- e D T SCOTT and apknowledged the foregoin instrum s ee a t and deed before me, Massachusetts peed fx(,se Stampsin Sum of Cbr4ztepfier F. Ca , otary Public atfizcd and unnce.ledersbiclofthie My Commission Exp res: 10/25/96 insifurflent. - COMKONWEALTS O SACHUSETTS Hampden, ss. u 21, 1995 Then personally app red the a ve- me RA A SCOTT and acknowledged the forego ng instru t r free t and deed before me, RECEIVED JUL 2� 1995 Ch opher F. ava, otary Public ' My Commission Expires: 10/25/96 A7 (> P�lq'hNU PEND FROM THE ORIWNRI BO H5057 PLmGi. 02 NneaAc„u'ecrrs m�, ugco Simms FDAw GHosysouALI 881 KNOW ALL BY THESE PRESENTS, that, WE JOSEPH A. CZERPAK and MARY ANN CZERPAK of Feeding Hills Hampden conntytmalmacliusetts beingvmnrarrred,for consideration paidaandinfuil consideration of --MEE�R;HOUSANO AND N01100 ($3,000.00) ggantsto and releases to ROGER ROY and PATRECIA ROY, husband and wife, as tenants" by the entirety and not as tenants in common, both a tt ofas38arry Street, Feeding Hills, Hampden County, Mass. withF}�tiilitlwNt,ca vitaltis t(*btati)tnx all of Grantors right, title and interest of, in and to the following premises: (DHrap,ien arrvt nrcumbrsnm,if myl _ ALL THAT PROPERTY situate in the Town of Agawam, County of Hampden and Comria4wealth of Massachusetts, being the right, title and interest of said Grantors in and to the following parcel of land and premises, together with the easements, rights-of-way or any other rights of any kind whatsoever appurtenant thereto or used in conjunction therewith on and along said parcel of the railroad of the former Hartford and Connecticut astern Railroad Company and Penn Central Corporation {a predecessor in, title to the Grantors herein), which is described as follows, YIZ: BEGINNING at the dividing line between the State of Connecticut on the South and the Commonwealth of Massachusetts on the North, extended across the right-of-way of said portion of railroad through a point in the centerline thereof at Railroad Survey Station 536472.9. more or less, and thence extending Northeastwardly for a distance of 825 feet, more or less, measured along the centerline of said railroad to the Southerly line of Barry Road, extended across the right-of-way of said portion of railroad through a point in the centerline thereof at Railroad Survey Station 543498, more or less, and there.ending, BEING THE SAME PROPERTY which was acquired by Hartford and Connecticut Western Railroad Company (a predecessor in title to the Grantors) under and by virtue of the following deeds from; a) Everett Sparks dated February 23, 1899, and recorded in the Hampden County Registry of Deeds in Book 586, Page 108; and b) John W. and Harry Noble, dated January 6, 7899 and recorded as aforesaid in Book 593, Page 405. BEING the same premises conveyed to the Grantors herein by deed of PENN CENTRAL CORPORA- TION dated May 30, 1984 and recorded in Hampden County Registry of Deeds in Book 5718, Page 504. our band S and scat s this.........„ .... clay of.......... December M — �g as �Itlttteett .........._... rind...._.._. y a CCf,S1.:C1FJ1'/EJ llml C!F lr.hs`•h.CF+ SETTS I,I''�"�I __EfE•1!S r : 1= I= MARY.. j. .- ERPAK • T I •N ��.� r• - .- �- 01jr (11onn11nntoenlill of f utwaCiIJwgus Hampden ss. December J t19 85 "hen parsonaliy appeared the 3I30YC named JOSEP RPAK an MARY ANN CZERPAK and acknowledged the foregoing lustnanent to be h it a,:(in e Iced,be rt me RECEIVED (� .........._ ... __. ..__...... �._..... 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Address Owner .info, vivw 475 FINE ST GRACE BAPTIST CHURCH Parcel ID: D2 2 18 Parcel Address: 475 PINE ST Building Type: CHURCH/SYN Land Area: 2.66 Land Use Code: 906 Deed Reference: 9191 569 Owner Name: GRACE BAPTIST CHURCH OF SPRINGFIELD Owner Address: 22 SALEM ST SPRINGFIELD ,MA 01101 Sale Date: 7/21/1995 Appraised Building: $583000.00 Appraised Extra Features: $13300,00 Appraised Land: $106200.00 Total Appraised Value: $702500.00 t 4 s 022. 19 Town of Agawam ti�R • 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 41.3-786-0400 Fax 413-786-9927 r� October 17, 2008 :y Gina M. Letellier, President Cecilia Calabrese, Vice President ' George Bitzas,Councilor Paul Cavallo, Councilor Jill Messick, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Donald M.Rheault,Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on October 16, 2008, the Agawam Planning Board voted to send a positive recommendation to the Town Council regarding the proposed zone change at 475 Pine Street for Grace Baptist Church from Agricultural to Residence B. The Board is of the opinion that allowing a zone change to provide for further use of this property is in the best interest of the Town versus leaving this vacant building to fall into disrepair. Attached is a copy of the zone change report prepared by the Planning Department. At the Board's public hearing, an abutter to the property brought up an ownership issue on this parcel of land. Also attached is correspondence from the Town Solicitor regarding this issue. -2- The Board asks that if additional information is provided to the Council regarding the ownership issue, the Planning Board be provided with that information as well. If you have any questions, please contact this office. Sincerely, �s Travis Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File Town of Agawam �•eet Agawam, Massachusetts 01001-1537 � 3 A 413-786-0400 Fax 413-786-9927 xt a MEMO AGAWAM PLANNING BOARD DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT { SUBJECT: ZONE CHANGE REQUEST- GRACE BAPTIST CHURCH -475 PINE STREET DATE: October 14, 2008 On September 24, 2008, the Planning Board received a request for a zone change for a parcel of land located at 475 Pine Street from Agricultural to Residence B. The property is presently owned by Grace Baptist Church and has been used as a church since 1995. The actual size of the property is under dispute at the present time. An opinion from the Solicitor has been sought. See the attached letter to Chris Johnson from Attorney Bradford Martin. I have attached for your information a number of additional pieces of information. I have attached a copy of the Assessor's map showing the property as it is listed for tax purposes. I have also included the tax card information. The zoning map has also been provided. Land Use gad Zoning The property, which is located on the Connecticut State Line is surrounded on all sides by single- family residential structures. Please refer to the attached aerial photo. As you are aware, religious institutions are exempt from the requirements of M.G. L. Chapter 40A of the Massachusetts Zoning Act. As such, a religious use can locate in any zoning district. Conversely,the structure erected for a religious use can only be used for that purpose or one of the allowed uses in the underlying zone, in this case Agricultural. Under,the present Agricultural District the following uses are allowed: (Please refer to 180-37 of -the Zoning Ordinance which is attached_) A. Any use permitted in a Residence A-1 District or A-2 District. B. Farms,dairies,nurseries,truck gardens,greenhouses and natural ice harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of fame products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at Ieast three acres of land adjacent to agriculturally zoned land an d by special permit. The owner of the property would like to sell the building to be used as a Masonic Lodge which, according to the Building Inspector is not allowed in the Agricultural District. They have been advised to seek a zone change to Residence B which would allow that use. If the zoning is changed from Agricultural to Residence B the following uses would be allowed: (please refer to Section 180- 31 of the Zoning Ordinance which is attached): A. Any use permitted in a Residence A-1 or A-2 District. B. A two family dwelling for two housekeeping units. A semidetached dwelling for two families,provided that there shall not be more than one family in each half of such dwelling. C. Notwithstanding any other provision in the above paragraph, no building or other structure small be erected,altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. D. Lodging houses, provided that there is no display, sign or other advertising device visible from the street, whether illuminated or otherwise, other than a sign having an area of not more than 144 square inches. A public restaurant or dining room shall be permitted as an accessory use in any part of such building, provided that the dining room and kitchen facilities do not occupy more than 75% of the first-floor area of such building. E. Clubs, lodges and social center buildings, except those whose chief activity is a gainful service or activity usually conducted as a business, including in such excepted uses dancing or bowling and like activities, provided that there is no display or advertising visible from the street other than that permitted in Subsection D of this section. F. Hospitals, sanitariums or charitable institutions, except those for contagious diseases, for the care of epileptics or drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. G. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle shall be kept for each 2,500 square feet of lot area, except that three vehicles may be kept, in any case, not more than one of whihc may be unregistered. Only one such vehicle may be a commercial vehicle of not more than 1 1/2 ton's weight of capacity. Space shall not be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be rented or leased for trailers. If the zone change is not granted, the only use for the existing church would be a single-family dwelling. The building is 7,128 square feet with an assess value of$684,300. Use as a dwelling is highly improbable. Environmental Considerations When the church was proposed,members of the Conservation Commission inspected the property and found that there was a significant elevation change on the property and that there may be wetlands at the eastern end of the property. As a result of the Commission's input, no construction occurred at the rear of the property. Though no official wetlands mapping has been done to my knowledge, use of the rear of the property would be limited to due topography, access and potential wetlands. Conclusion Use of the existing structure due to its size and unique configuration is very limited. The proposed new owner would ensure that the building would not slip into disrepair and be subject to vandalism. Physical constraints at the rear of the property should limit its use for development. It would appear that the proposed use would be the best use of the property. All questions concerning ownership should be resolved. i Page 1 of I Card I of 1 ocation 475 PINE ST Property Account Number Parcel ID D2 2 1 Old Parcel ID 5510-- Current Property Mailing Address Owner GRACE BAPTIST CHURCH City SPRINGFIELD OF SPRINGFIELD State MA Address 22 SALEM ST Zip 01101 Zoning AG Current Property Sales Information Sale Date 7121/1995 Legal Reference 9191 569 Sale Price 75,000 Grants Seller SCOTT DWIGHT L Current PMperty Assessment Card 1 Value Year 2008 Building Value 548,000 Xtra Features Value 13,300 Land Area 2.660 acres Land Value 123,000 Total Value 684,300 Narrative Description I property contains 2.660 acres of land mainly classified as DAYCARE with a(n) CHURCHISYN style building, built about 1995 , having VINYL exterior and ASPHALT roof cover,with 1 unit(s),9 total room s , 0 total bedrooms , 0 total baths , 5 total half baths , 0 total 314 baths . Legal Description Property Images ,34 ,t 43 t� FFL (Ft197 40 48 6 http.�/agawam.patriotproperties.com/summary-bottom.asp 10/16/2008 PARCEL MAP Print Page 1 of 1 r f f fry � � t kC x' qa r r J41 r nl• _. ; 3 � g } 4 f �- a Date: 10/14/08 Parcel ID: D2 2 18 0 281 562 Feet Owner: GRACE BAPTIST CHURCH Interactive Map Parcel Address: 475 PINE ST Scale: 1"=281' (1:3369) http://hosting.tighebond.com/agawam/print,aspX?Maptype=5&image=http%3 a%2f"/o2fprojects.tigheboncL... 10/14/2008 Print Page I of Dat f ''4 / ` r • • J�5' I 1 - I I L 1 FParcel 353 eet Owner: Parcel Address: 475 PINE ST Scale: I"=353' (1:4241) http:,,"/hostin.--.tighebond.con-i/agawam/print.aspx?ma'Dtv,pe=5&imai4e=htti)%3a%2f'O/,,2fi)r... ZONING MAP i� ,j y Rya Koz pR,l2 0,�1 F O%RO _ C Q l E ' r . HEASA i CIR N - I SPRUCE'CIR - E�) T, L! f 2 � r ,A r--... NFipl7LE�oe __t •� l i I I. f5 LNG _ w -BARRY-ST-� - Q�y 'Q- 4-_.._ p"'—w� _ �y LU �DE4NI4G 1875E t j Jo ir f i I-j Q OP- Mapping Data � Town Boundary Streams Road Edges Parcels Private Roads Roads Buildings Waterbodies d Street Names updated January 1, 2006 Roads, Waterbodies and Streams updated April, 1999 PETITION FOR ZONE CHANGE GRACE BAPTIST CHURCH 60 BOWLES PARK ROAD SPRINGFIELDNA 01104 413-781 -0332 WWW.GRACIOUSCALL.ORG To The Town Council of Agawam: September 12, 2008 Grace Baptist Church now residing at the above address respectfully requests the Town of Agawam consider the following request for a zoning change in regards to our property which is located at 475 Pine Street, Feeding Hills, MA 01030. The boundaries concerning the parcel of land in which we are seeking a zoning change are defined as follows. Beginning at iron pipe set boundary at Northeast comer of property abutting Pine Street and running southwest for a distance of 227.68 feet along coordinates S 28-00- 00 W to C.H.D. bound along Suffield Line. Turning to Southeast along boundary running for a distance of 268.45 feet to the placement of another state boundary granite block place by C.H.D. Continuing southeast for an additional 474.91 feet to Iron pipe set at southeast corner of property line, along coordinates S71-27-32E. Turning northwest and running for a distance of 272.77 feet along coordinates N34-05- 28 W to set iron pipe. Continuing in a Northwest direction along coordinates N65-52-26 W for a distance of 327.96 to set iron pipe, and continuing in a Northwest direction for 165.00 feet along coordinates N62-00-00 W, intersecting iron pipe at Northeast corner of property line that abuts Pine Street. Grace Baptist Church previously having obtained town approval to occupy and utilize the above defined property for the purpose of conducting religious services and education, request a zoning change. The current zoning on this property is "Agricultural" .We are respectfully petitioning the town to change the zoning to "Residential B° to allow for the occupation and utilization of the above named property by a Masonic Lodge for the purposes consistent with their organizational activities and By-laws The Undersigned Respectfully Petitions Carmen A. Rizzo Pastor Acting as Duly Authorized representative Of grace Baptist Church of Springfield MA sE re ., ' D Y 4 Pry CNN N 4 ZONING ORDINANCE SECTIONS § 180-31 AGAWAM CODE § 180-31 - ARTICLE VI Residence B Districts § 180-31, Permitted uses. In any Residence B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no Iand shall be used or occupied for any other purpose except one or more of the following: A. Any use permitted in a Residence A-1 or A-2 District. B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two families, provided that there shall not be more than one family in each half of such dwelling. C. Notwithstanding any other provision in the above paragraph, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. D. Lodging houses, provided that there is no display, sign or other advertising device visible from the street, whether illuminated or otherwise, other than a sign having an area of not more than 144 square inches. A public restaurant or dining room shall be permitted as an accessory use in any part of such building, provided that the dining room and kitchen facilities do not occupy more than 75% of the first-floor area of such building. E. Clubs, lodges and social center buildings, except those whose chief activity is a gainful service or activity usually conducted as a business, including in such excepted uses dancing or bowling and like activities, provided that there is no display or advertising visible from the street other than that permitted in Subsection D of this section. F. Hospitals, sanitariums or charitable institutions, except those for contagious diseases, for the care of epileptics or drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. G. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle shall be kept for each 2,500 square feet of lot area, except that three vehicles may be kept, in any case, not more than one of which may be unregistered. Only one such vehicle may be a commercial vehicle of not more than 1 112 tons' weight of capacity. Space shall not be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the Iot, whether housed or in the open. H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be rented or leased for trailers. 180:26 US- IS- 2006 § 180-32 ZONING § 180-35 P. 180-32. Height regulations. A. A dwelling or lodging house shall not exceed 2 1/2 stories or 35 feet. Churches, schools, colleges, libraries, Town buildings, clubs, lodges, social center buildings, hospitals and such institutional buildings shall not exceed 50 feet in height. Chimneys, steeples and flag or radio poles are exempt from the height provisions. B. Accessory buildings or structures, including private garages, shall not exceed 17 feet in height for a one- or one-and-one-half-story building. A two-story accessory building shall not exceed 25 feet in height. § 180-33. Setback requirements. A. No part of any building or other structure shall be erected or altered so as to be nearer to the street line of any street on which it faces than the nearest building on either side thereof facing on the same street and within the same block and zoning district, but in no case need the required setback be greater than 30 feet. B. Where the alignment of a building is not controlled by the preceding subsection, no part of any building shall be placed within 20 feet of the street line. C. No part of any garage, stable or other accessory building situated within 65 feet of any street Iine shall extend within 15 feet of any lot line intersecting such street which serves as a side lot line located in any residence district or within 15 feet of any street line. D. On a corner lot, except as otherwise provided in this section, no part of any building shall be erected or altered so as to be less than 20 feet from any street Iine. E. Existing open porches which are 15 feet or more from the street line may be enclosed on one or more sides with glazed enclosures. § 180-34. Yards. A. Side yards. There shall be a side yard between a building and each side lot line. For a building of four stories or.over 45 feet in height, it shall be not less than 25 feet in width in its least dimension; for a building of three stories or over 35 feet in height, it shall be not less than 20 feet wide in its least dimension; for one-, one-and-one-half-, two- or two-and-one-half-story buildings, the side yard shall be not less than 15 feet wide in its least dimension. B. Rear yards. There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in its least dimension. One-story accessory buildings shall be placed at least five feet from the rear lot line, and one-and-one-half- or two-story accessory buildings shall be placed not less than 10 feet from the rear lot line. § 180-35. Lot size. No lot shall have a fronta6e of less than 100 feet on a street or an area less than 12,000 square feet. 4 180:27 05• Is- 2006 § 180-36 AGAWAM CODE § 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. ARTICLE VII Agricultural Districts § 180-37. Permitted uses. In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-1 or A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. B. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-11 § 180-38. Height,regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05- 15-2006 § 180-40 ZONING § 180-43 § 180-40. 'Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct or air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and.must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to PIanning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground Ievel. Not over 25% of the land shall be used for building purposes. C. Landscaped rest homes or convalescent homes, except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180.29 as- t5-2006 § 180-43 AGAWAM CODE § 180-44 D. , Nonprofit ;olf courses shall be permitted. Golf courses operated for profit shall be permuted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor snail an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. ARTICLE VIII Business A Districts § 180-44. Permitted uses. In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following. A. Any use permitted in a residence district or an Agricultural District. ` B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11-15-2004 by TOR-2004-171 E. A gasoline filling station, which shall include self-service gasoline filling, or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. [Amended 12-2-2002 by TR-2002-531 (1) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control 180:30 05 - 15. 2006 _..,........._.................... a (e Y /6 TOWN OF AGAWAM FOR Of % 36 MAIN STREET Case #: 1990 �• a, AGAWAM, MA 01001 Filed: BOARD OF APPEALS : Hearing: ATED MP Expires- ........................................... ...................................... Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant WiLuAm R 1=`0 KA iij E , — Address 2 t P tAeRo!? 'C" , ,4t<A\AlAM , N46,. ,;D lOC7 i Application is hereby made for a SPECIAL PERMIT as provided by Section^______, Paragraph of the By-law. Premises affected are situated on _ 221,46 R.OY _Street; t 20 feet distant from the corner of BARNEY Street and known as street number 21 Property is zoned as R-E6t,pi _11,6 Reason(s)for request of Special Permit: of Z0, WT MST M16 cu+e+@ghtr 'jE[&A[.K _gr-'Qul j�dENZ or SO, tS A 9KAU, ng z[-D2oom Capp Wer" Am jr Sji-Cr-GE CAR AC&aE ANC M V-4ay& ?'E Exis-nN6 CAA n WA5e n" Apy A r( p �,ar�aG E uvl��-1 a ESER&29M CW lie Signature of owner or his authorized agent: •a s s'" (W)WAO a uce Telephone #: _1 1 �o w � NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN � Ln QUITCLAXX DIED KNOW ALL MRN $r THESE PRJFS=rS that Lhe BRENDA W. WEIMM AND KARI W. PERSON, TRUSTEES OF THE P LORRAINI ALKER of ]Agawam, l[ampdc:n County, Massachusetts for consideraCion of ONE HUNDRED PIPTY-FIVE THOUSAND ($155,000.00) DOLLARS paid, 6RAw to WILLIAM B. PARKER and KARIN E. AVERILL of 6 Sumner Avenue, Springfield, Hampden County, Massachusetts, with puz=ATM CovSHJlws thc� real estate located in Agawam, Hampden County, Massachusetts, more partiaular.3y bounded and desoribed in Exhibit "A" attached hereto. L This peed is intended to take effect as a sealed instrument this day of June, 2000. II ♦ ' Sigiied in the xn-esence of: ) r. awl4l! fy -ll� �i !! [1yLlC1i1VUL' 1 1 Brenda W. Weimann, Trustee Person, Trustee 3Few ati, ss. June %-V 2000 Then personally appeared the above-named Karl. W. Person and acknowledged the foregoing instrument to be her free act and deed, before me- -- rna � Notary Publ WOMP My Commissi• Expires: 1 ; 417MR11661QN•11Ti11Q1 ' �` �. 1 !• +r;$.�4:1:-tES COUNTY l M1r son .��Y in.Pon - COMMONWEALTH OF MASWACHUSEM Hampden, ss. July 13, 2000 Then personally appeared the above-named Brenda W. Weimann and acknowledged the foregoing instrument to be her free act and deed, before me-- otary P lic - elley M. Mitchell My Commiasion Expires; April 14, 2006 D., '•b r EXHIBIT "Au The land with the buildings thereon, situated in Agawam, Hampden County Massachusetts being known and designated as Parcels "B" and "C" as shown on a Plan of Land Pomeroy Street, Agawam, Mass. for Harold le. and Lorraine W. Walker, Smith & Wallen Engineering Company, Inc. , dated August 1975 recorded in the Hampden County Registry of Deeds, Book of Plans 159, Page 123 and being more particularly described as follows: PARCEL I Beginning at an iron pin at Parcel "A" as shown on said plan hence running N 39006130"R along Pomeroy Street, 10feet to an iron pin; thence S 581146122112 alonq Parcel "C" 149.48 feet; thence S 39006130"W by the Connecticut River as shown on said plan 19."19 feet; thence N S5005,22"W along Parcel "A" 148.47 feet, to the place of beginning. Being known as Parcel "B" on the above state plan. PARCEL 11 beginning at. an iron pin at Parcel "B" as shown on said plan thence running N 3900613011F along Pomeroy Street 100 feet; thence S 60005130"B along land now or formerly of Duplessis 150 feet; thence S 39006130"W along the Connecticut River as shown on said plan 303.32 feet; thence N 50046122"W along Parcel nB" 149.49 feet to the place of beginning. Being known as Parcel "C" on the above stated plan. Being Lhc! premises conveyed to The HAROLD E. WALKER and LORRAINE W. WALKER REVOCABLE TRUST UNDER AN AGREEMENT OF TRUST dated May 25, 1994, by deed, dated May 25, 1994, from Harold E. Walker. and Lorraine W. Walker as recorded in Hampden County Registry of Deeds, Book 8855, Page 166. 1 Y!t We,11MOa W.Wcinlarllr and Kari W.Pelson,both under oath do dgwse and say that: 1. We have custody of the document known as "The Harold E,Walker and Lorraine W.Walker)Revocable Trust Under An Agrccment of Trust fated May 25,1994" 2. We are Iwth the present irustocs under said trust,having become such trustee upon the death of I larold E.Walker on November S, 1995 and the death of Lorraine W. Walker on May 6, 1999. 3. Said truss is cun-ently in full force and effect and is one and the same Truss as sot forth in doed to said Tres!from Harold E.Walker and l ormine W.Walker dated May 25, 1994 and recorded in the Nampdcri County Registry of Deeds in Book 13955,Fnga 106. 4. We are both the present beneficiaries of said trust and there is no further function of said trust other than to wind up the affairs oFsaid trust. ::igc►Gti this vduy ni'.lunc,2t?00. r { f. Kars W.Persor, Byw d&W.Weimamn ,%bscribed erxl (sworn to before me this 13th day of Juzae, 2000 azy ic. 1 ey tc 1 My coati expires - April 14, 2At16 C10NALi►�.hSi�E.FREQISTEF{ hh �t COIVY GCGSTAV OF Mto3 A TRUE PHOTOCOPY AS RECMDED N HAMPDEN COUNTY REGISTRY QP DEEDS AND IT IS SO CERTIFIED C r'rTEST: NEC ON RIVER BANK 123,+�r —,.-, ELEVATION 59 1 I Z 18,500 SF+/-- L BARN r I _ c� 1 _PROP. r DDITION j FLOOR _65.0 HOUSE I SILL-66.7 i.._J 1 10.00, r N 39'06 30 E POMEROY STREET -vAOF, PAUL yG ITH No.40981 BASE FLOOD ELEVATION=59.0 Ax gyps OWNER: WILLIAM B. PARKER & PROPERTY LOCATION: KARIN E. AVERILL 21 POMEROY STREET AGAWAM MA HAMPDEN COUNTY REGISTRY OF DEEDS DATE: MAY 2, 2012 SCALE.1"=30' DEED BOOK: 11265 PAGE: 530 P A U L S. SMITH LAND SURVEYING PLAN BOOK: 159 PAGE: 123 319 SHAKER ROAD EAST LONGMEADOW, MA LOT NO.: A & 6 (413) 525-4700 PC ( Y-e-� f A TOWN OF AGA WAM 36 MAIN STREET A GA WAM, MA 01001 .� BOARD OF APPEALS �4 EA May 14, 2012 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday, June 25, 2012 for the following: Case#: 1890 Petitioner: William and Karin Parker Address: 21 Pomeroy Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure with less than the required front setback at the premises identified as 21 Pomeroy Street. Advertise: Thursday June 7, 2012 and Thursday June 14, 2012 Doreen Prouty Chairperson DP/jb N f 3 G] .f� pa'rV6P---I TOWN OF AGA WAM 36 AIAINSTREET 70 AGAWAM,, MA 01001 BOARD OF APPEALS E May 14,2012 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 F.M., Monday, June 25, 2012 for the following: Case #: 1890 Petitioner: William and Karin Parker Address: 21 Pomeroy Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure with less than the required front setback at the premises identified as 21 Pomeroy Street. Advertise: Thursday June 7, 2012 and Thursday June 14, 2012 Doreen Prouty Chairperson 3 a - DP/jb -, (_n 7 i l . P TOWNOFAGAWAM Al 160111�4" 36 MAIN STREET -4 AGAWAM,, MA 01001 M. fN DECISION OF BOARD OF APPEALS Q�Py Petition of William and Karin Parker ! Premises affected: 21 Pomeroy Street Date: June 25, 2012 Case #: 1890 I _4 �V The Board of Appeals conducted a public hearing and meeting on June 25, 2012 for all partiehiterested in the appeal of William & Karin Parker, who are seeking a Special Permit in accordance wit1�Section 180-7, Paragraph B of the Town of Agawam's Zoning Ordinances which would allow for the-` :< 4 construction of an addition to a residential structure with less than the required front setback gthe, premises identified as 21 Pomeroy Street. W. cn After the public hearing and a thorough review of the facts presented, the Agawam Board ofcAppeals made the following findings: j 1. The subject property is located in an area of town zoned Residential A-1. 2. The petitioner wishes to build an addition to the existing legal non-conforming residential structure. 3. Section 180-19{A} of the Town of Agawam's Zoning Ordinances states "no building shall be placed within 35 feet of any street line......" 4. The front setback of the existing structure is 19.7'. 5. The proposed addition will meet all zoning requirements. 6. Section 180-7, Paragraph B of the Town of Agawam's Zoning Ordinances states a structure being put to a nonconforming use may be"altered or enlarged in that use, but only after the granting of a permit thereof by the Board of Appeals". 7. There shall be no greater an encroachment than that which already exists. 8. A single family dwelling is an allowed use in a residential A-1 district. 9. The specific site is an appropriate location for the proposed addition, which is situated in a residential area. 1 10. No evidence was presented to this board showing that the use, as developed, will have an adverse affect on the health,safety or property values of the neighborhood. 11.No evidence was presented to this board showing that there will be any nuisances or potential hazards to vehicular or pedestrian safety. 12. The proposed addition will meet all building regulations providing adequate and appropriate facilities and controls for the proper and safe operation of the proposed addition. 13. No evidence was presented to this board showing that the proposed use would be considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental_ or injurious to the character of the neighborhood. DECISION (Page 2) William &Karin Parker Case# 1890 Based on its findings, the Agawam Zoning Board of Appeals is of the opinion that it is within the authority of the board to grant a special permit as stated under Section 180-7, paragraph B of the Town of Agawam's Zoning Ordinances. Now, therefore, by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for the construction of an addition with the following conditions: i. The proposed addition will be constructed according to the plan submitted entitled"William& Karin Parker, 21 Pomeroy St. Agawam, MA, dated May 2, 2012", drawn by Paul Smith, Professional Land Surveyor and signed by the members of this board. 2. This special permit is for the proposed addition only. All other zoning and building requirements must be met. 3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form which shall be provided by this board and proof of said filing must be submitted to this board and to the Inspector of Buildings. 4. This special permit shall become null and void if construction does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Chapter 40A, Section 17 within 20 days from the date this decision is filed with the Agawam Town Clerk, Attachment: Signatory Page of Decision t� TOWN OF AGAWAM 36 AL4IN STREET � AGAWAM,, MA 01001 � h BOARD OF APPEALS Tf D MP Signatory Page of Decision Case #: 1890 �� I Date: June 25, 2012 NO Applicant: William and Karin Parker Address: 21 Pomeroy Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the - - petitioner a Special Permit. o ��y� CA This approval is subject to the conditions set forth in the attached written decision. °p )DA� .e Aa2z Doreen Prou Gary Suffriti James Marmo Gary Geiger(Alternate) Richard Maggi (Alternate) co N RIVER B A� _,�-- ELEVATION 59 18,500 SF+/— BARN g o ram'. `: CIO a PROP DDITION c 15.5 _ rn R-OO665.0 HOUSE 15.05, SILL#66.7 L_J 110.00' Approved by N 39'06 3o E Agawam Zoning Board of ppeats P O M E R 0 Y STREET � ��OF A. i PAUL ITH �w 5 Date: Z C/� ' s No.40981 ,L 'At LAt� BASE FLOOD ELEVATION=59.0 � t/ 1 S 2//2— OWNER: WILLIAM B. PARKER & PROPERTY LOCATION: KARIN E. AVERILL 21 POMEROY STREET AGAWAM MA HAMPDEN COUNTY REGISTRY OF DEEDS DATE: MAY 2, 2012 SCALE:1"=30' DEED BOOK: 11265 PAGE: 530 P A U L S, SMITH LAND S U R VE YI N G PLAN BOOK: 159 PAGE: 123 319 SHAKER ROAD EAST LONGMEADOW, MA LOT NO.: A & B (413) 525-4700 FOR OFFICE USE ONLY TOWN OF AGAWAM 36 MAIN STREET ' Case#:_ _ AGAWAM, MA 01009 : Filed: BOARD OF APPEALS ' Hearing: lin iExpires: Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant 1 LL1A" 1Z KARI N G ?t Aoee k Address 2[ 0f-4ekv Y sr xAvjA M H A. O i o >( Application is hereby made for a SPECIAL PERMIT as provided by Secfion , Paragraph of the By-law. Premises affected are situated on _ t�ML►2ac _ Street; 12.0 feet distant from the corner of ,4 I.t Street and known as street number i Properly is zoned as (2CS t i>!aA-ri AL. _ Reason(s) for request of Special Permit: Signature of owner or his authorized agent: -r; Telephone#:� NOTICE: THIS APPLICA TION MUST BE FILLED OUT IN INK OR TYPEWRITTEN QUITCLAIM DEED XNDW ALL J= BY TRX2X P"SSMS that the BRENDA W. WRIMANN AND KART W. PERSON, TRU8TE88 OF TIM 11K*4?e0=10LOR3LhINE%ALKER Ipevaw�c y7 of. Agawam, tfampden County, Massachusetts for consideration of ONE HUNDRED FIFTY-FIVE THOUSAND ($155,000.00) DOLLARS paid, GPAsT to WILLIAM H. PARKER and KARIN E. AVRRILL of. G Sumner Avenue, Springfield, Hampden County, Massachusetts, With QUTTCLAXW C0VZWWTs the real estate located in Agawam, Hampden County, Massachusetts, more particularly bounded and described in Exhibit "A" attached hereto. This Deed is intended to take effect as a sealed instrument this day of. June, 2000. { � r Signed i n the presence of: ) !..�.)�,�l��L� -tC��li tl f"hiyKili/VY Brenda W. Weimann, Trustee / W. Person, Trustee l�amrl, ss. June %(j 2000 personally appeared the above-named Hari W. Person and acknowledged the foregoing instrument to be her free act and deed, before me-- Notary Publ - Hpm!mrPuat�� M Commissi Expires: ourw�rea ax s»tuaa� y P Lr,.Xur-It&OOl1h'rY MY Canwr,.F.o.i1aY IS.700! • RK 1 12G Pig-S �. 4 a61 6 COMMONWEALTH OF MASSACIMUSFITS Hampden, ss. July 13, 2000 Then personally appeared the above-named Brenda W. Weimann and acknowledged the foregoing instrument to be her free act, and deed, before me-- G• otary P lic - Aelley M. Mitchell My Commission Bxpirea: April 14, 2006 EXHIBIT "Am The land with the buildings thereon, situated in Agawam, Hampden County Massachusetts being known and designated as Parcels "B" and "C'" as shown on a Plan of Land Pomeroy Street, Agawam, Mass. for Harold Y. and Lorraine W. Walker, Smith & Wal.len Engineering Company, Inc. , dated August 1975 recorded in the Hampden County Registry of heeds, Book of Plans 159, Page 123 and being more particularly described as follows: PARCEL I Beginning at an iron pin at Parcel "A" as shown on said plan thence running N 39006130"R along Pomeroy Street, 10feet to an iron pin; thence S 5804607.2"P along Parcel "C" 149.48 feet; thence S 39006130"W by the Connecticut River as shown on said plan 19.79 feet; thence N 55005122"W along Parcel "A" 148.47 feet, to the place of beginning. Being known as Parcel "B" on the above state plan. PARCEL 17 Beginning at an iron pin at Parcel "B" as shown on said plan thence running N 39DOG13011Bk along Pomeroy Street 100 feet; thence S 60005130"R along Land now or formerly of Duplessis 150 feet; thence S 3900G'30"W along the Connecticut River as shown on said plan 103.32 feet; thence N 5804G'22"W along Parcel "B" 149.49 feet to the place of beginning. Being known as Parcel "C" on the above stated plan_ Tieing they premises conveyed to The HAROLD E. WALKER and LORRAINE W. WALKER REVOCABLE TRUST UNDER AN AGRERMENT OF TRUST dated May 25, 1994, by deed, dated May 25, 1994, from Harold E. Walker. and Lorraine W. Walker as recorded in Hampden County Registry of Deeds, Book 8855, Page 166. 4 lEi w1 2 PG'---as 4S616 td ❑-t We,Brenda W.Weimmin and Kari W.Person,both under oath do depose and say that, 1. We leave custody of the document known as 'The Harold R Walker and Lorraine W,Walker Rcvocable Trust Under An Agmornent of Trust Dated May 25r 19941, 2, We are W13)t11c presort trustees under said trust,having became such trusted upon the death of 3 iarold E.Walker on November 8, 1995 and the death of Lorraine W. Walker on May 6, 1999, 3. Said trust is currently in fill force and effect and is one and the same Trust as set forth in deed to said Trust from Harold E Walker and Lorraine W.Walker dated May 2%1994 and recorded in the Hampden County Registry of Doeds in Book $555,Page 160, 4. We are both the pmsent boneficimias of said trust and there is no further function of said trust other than to wind up the affairs of said trust. Sigiu;d this&day of Ame,2000. --'?` `_ r '- tL.-_w. `•�,, t,c pl c° ��, t�4 i:lot Om N�. Kari W.Person Drenda W.Weimann stamcXiW and sworn to before me tuts 13th day of Jump 2000 ��A �C. 33E�f CC-h f My in expires - tril 14, 2006 DONALD F.A.-He,ReGiMp HAMI'm CO(WTY WGISTRY OF DRU A TRUE PHOTOCOPY AS RECOR -ED Mai HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED ."f TEST: t CAN BANK RyVER 123r+� �..-- ELEVATION 59 18,500 SF+/— BARN j I- I cn o O + L = N Ln (� 1 o PROP. rn 5 DDITION 15• i _ FLOOR ;65.0 HOUSE 1 15.05 SILL-66.7 � L_J Q7 1 10.00' r N 39`06 30 E POM EROY STREET � w of, PAUL SMITH ti No.40981 ai �1�s BASE FLOOD ELEVATION=59.0 �I2fIZr OWNER: WILLIAM B. PARKER & PROPERTY LOCATION: KARIN E. AVERILL 21 POMEROY STREET AGAWAM MA HAMPDEN COUNTY REGISTRY OF DEEDS DATE: MAY 2, 2012 SCALE:1"=30' DEED BOOK: 11265 PAGE: 530 P A U L S. SMITH LAND SURVEYING PLAN BOOK: 159 PAGE: 123 319 SHAKER ROAD EAST LONGMEADOW, MA LOT NO.: A & 8 (413). 525-4700 Pcx A(c Y TOWN OFAGAWAM 36 MAIN STREET AGA WAM, MA 01001 BOARD OF APPEALS ►� E May 14, 2012 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:45 P.M., Monday, June 25, 2012 for the following: Case #: 1891 Petitioner; William and Karin Parker Address: 21 Pomeroy Street Reason: Seeking a Special Permit in accordance with Section 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure found to lie within the floodplain at the premises identified as 21 Pomeroy Street. Advertise: Thursday June 7, 2012 and Thursday June 14, 2012 Doreen Prouty Chairperson DP/jb ^� -c- w 4 j " � TOWN OFAGAWAM 36 MAIN STREET Ze AGAWAM, MA 01001 BOARD OF APPEALS A E � May 14, 2012 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:45 P.M., Monday, June 25, 2012 for the following: Case#: 1891 Petitioner: William and Karin Parker Address: 21 Pomeroy Street Reason: Seeking a Special Permit in accordance with Section 180-71, Paragraph H of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure found to lie within the floodplain at the premises identified as 21 Pomeroy Street. Advertise: Thursday June 7, 2012 and Thursday June 14, 2012 Doreen Prouty Chairperson 3 DP/jb -- _ N ` • �l TOWN OF AGA WAM 36 MAIN STREET AGAWAM MA 01001 /a op 1 DECISION OF BOARD OF APPEALS Petition of.• William and Karin Parker I Premises affected: 21 Pomeroy Street j Date: June 25, 2012 Case 4: 1891 I The Agawam Board of Appeals conducted a public hearing and meeting on June 25, 2012 at the Agawam Public Library Conference Room, 750 Cooper Street, Agawam, MA for all parties interested in j the appeal of William &Karin Parker, who are seeking a Special Permit in accordance with Section 180- 71, Paragraph Hof the Zoning Ordinances, in order to construct an addition to a dwelling fouriv lie j within the floodplain located at the premises identified as 21 Pomeroy Street. ; j c �• After the public hearing and after a thorough review of the facts presented,the Agawam Zc ng,? Board of Appeals made the following findings: j 1. The subject properly is located in an area of Town zoned Residential A-1. a = 2. The petitioner is seeking to construct an addition to a residential dwelling on the subj prafiedy which has been found to lie within the flood zone as identified by HUD Flood Map 2 1330Q2 j B. *_+ I 3. Section 180-71, Paragraph H states: "new construction or substantial improvements ofresid&Ual t structures within the floodplain zone will have the lowest floor(including the basement) elevated to or above the level of the one-hundred-year flood". j 4. The proposed addition will be above the level of the one-hundred-year flood. 5. The proposed addition will meet all zoning requirements. 6. The residential use of the subject property in a residential A-1 zoning district is an appropriate location for such a use. 7. No evidence was presented showing that the use, as developed, would adversely affect the health, j safety or property values of the neighborhood. j 8. No evidence was presented showing that there would be any nuisance or potential hazard to j vehicle or pedestrian safety. j 9. The proposed use of a residential structure in a residential zoning district is not considered so j objectionable or obnoxious that the proposed use would be against the public interest or detrimental or injurious to the character of the neighborhood. Based on its findings, the Board is of the opinion that it is within the authority of the Zoning Board of j Appeals to grant a Special Permit as stated under Section 180-71, Paragraph H of the Zoning ! Ordinances. I DECISION(Page 2) William&Karin Parker Case# 1891 Now, therefore,by a unanimous vote of its three members,the Agawam Zoning Board of Appeals hereby grants the petitioner a Special Permit to allow for the construction of an addition to a residential dwelling with the following conditions: 1. The proposed addition shall be constructed according the plan submitted entitled " William & Karin Parker, 21 Pomeroy St, drawn by Paul Smith, dated May 2, 2012" and signed by the members of this Board. 2. All zoning and building requirements are to be met. 3. The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special Permit"form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction does not commence within two (2)years from the date of this decision. This decision is subject to appeal in accordance with M.G.L.Ch. 40A Section 17,within 20 days after this decision is filed with the Agawam Town Clerk Attachment: Signatory Page of Decision TOWN OF AGA WAM 36 MAIN STREET ��- AGAWAM, MA 01001 J 4�j BOARD OF APPEALS Si ngnatory Page of Decision Case#: 1891 I Date: June 25, 2012 N _ Applicant: William and Karin Parker Address: 21 Pomero, Sy treet ! = By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants thee? ' petitioner a Special Permit. 2 � This approval is subject to the conditions set forth in the attached written decision. t Doreen Prouty Gary Suffriti James Marmo Gary Geiger(Alternate) Richard Maggi (Alternate) C O 1 V BANK RIVER 123'+/_ ----- ELEVATION 59 z 1 8,500 SF+/-- ` BARN f q r 0 C _ �}' + N 1 PROP. � r r-ADDITION a 15.5 _ FLOOR HOUSE 15 Siu-66.7 _ � Clf -fir,• APProve 110.00' N 39*06 30 E Agawam Zoning Board of A peals POMEROY STREET � tKaF PAULG Date: SMITH y No.40981 1A,41D BASE FLOOD ELEVATION=59.0 A[ OWNER: WILLIAMS. PARKER & PROPERTY LOCATION: KARIN E. AVERILL 21 POMEROY STREET AGAWAM MA HAMPDEN COUNTY REGISTRY OF DEEDS DATE: MAY 2, 2012 SCALE:1"=30' DEED BOOK: 11265 PAGE: 530 P A U L S. S M I TH LAND S U R VE Yl N G PLAN BOOK: 159 PAGE: 123 319 SHAKER ROAD EAST LONGMEADOW, MA LOT NO.: A & B 1 (413) 525-4700 • AkA6W; TOWN OF AGAWAM FOR OFFICE USE ONLY 36 MAIN STREET Case #: �• a: AGAWAM, MA 01001 Filed: BOARD OF APPEALS : Hearing; �iP p t�P1 Expires: Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant Address Pa PLC Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph of the By-law. Premises affected are situated on . 113n Street; feet distant from the corner of _ - ,�� Street and known as street number 1?0 Property is zoned as Reason(s) for request of Special Permit: a r✓ r4 i ME 3*r r wr Signature of owner or his authorized agent: `•� Telephone #•_ �. NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN TOWN OF AGAWAM 36 M4IN STREET AGA WAM,, MA 01001 BOARD OF APPEALS A E ` March 11, 2011 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday, April 25, 2011 for the following: Case#: 1875 Petitioner: Jane Hartshorn Address: 390 Poplar Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraphs A& B of the Town of Agawam Zoning Ordinances to allow for an addition to a residential structure with less than the required front set back and side yard at the premises identified as 390 Poplar Street. Advertise: April 7, 2011 and April 14, 2011 ft v Doreen Prouty Chairperson Sac n cn DP/jb .n QUITCLAIM DEED KNOW ALL HEN BY THESE PRESENTS, that JANE HARTSHORN, of 390 Poplar Street, Feeding Hills, MA for Consideration of ONE ($1.00) DOLLAR GRANTS TO The JANE HARTSHORN IVX9V0CA LE INC01a ONLY TRUST RESERVING A. LIFE ESTATE IN SAID PROPERTY TO JANE HARTSHORN, of 390 Poplar Street, Feeding Hills, Massachusetts with QUITCLAIM COVENANTS The following land in Springfield, in the County of Hampden County and said Commonwealth, and the buildings thereon, bounded and described as follows: SEE EXHIBIT A ATTACHED HERETO Said land is Known as 390 Poplar Street, Feeding Hills, MA. Being the same premises conveyed to the Grantor herein by Deed recorded at the Registry of Deeds Book 7520, Page 360. f , Executed as a sealed instrument this 16th day of JUNE, 2008, NO TITLE Fi AMINATION WAS CONDUCTED AS PART OF THIS TRANSFER, WITNESS my hand and seal this 16th day of JUNE, 2008. t. jAs JANE RTSHORN - 9 COUNTY: HAMPDEN Cl) STATE: MA On this 16tn day of JUNE, 2008, before me, the undersigned notary public, personally appeared JANE HARTSHORN, proved to me through p personal knowledge of the individual, to be the person whose name =. is signed on the document and who swore or affirmed to one that -3 C") the cg4ents of the document are truthful and accurate to the best ex know g lie No ry Public: Dorene A. Arch cult, Esq. My Commission Expires: 2118111 Bk 17362 Pg29 #42325 EXH1BYr A The land in Agawam,Hampden County,Massachusetts,bounded and described as follows: Beginning at a point on Poplar Street, said point being the southeasterly corner of land formerly of Arthur C.Cross,now or formerly of one Mozelewski,or Mozekewski and running thence south-westerly on said Poplar Street One hundred one and 591100(101.59) feet;thence Westerly Four hundred sixty-six and 7/10(466.7)feet to a pipe at land of said Mozelewski;thence N. I' 15'W.Eighty-eight and 5110(88.5)feet along said Mozelewski land to a pipe;thence along said Mozelewski land S. 801 11' E.Five hundred thirty-six and 4/10(536.4)feet to the point of beginning. Containing about one afire of land- Subject to whatever rights the American Telephone&Telegraph Company may have to maintain poles and wires on said property. r , Dol4Al_D E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DE MS i ►, ! ,._ 0.2 ram! T I � c� TOWN OF AGAWAM 36 MAIN STREET AGAWAM,, MA 01001 BOARD OF APPEALS E ` March 11, 2011 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday,, Vril I 25, 2011 fdr the following: Case #: 1875 Petitioner: Jane Hartshorn Address: 390 Poplar Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraphs A& B of the Town of Agawam Zoning Ordinances to allow for an addition to a residential structure with less than the required front set back and side yard at the premises identified as 390 Poplar Street. i Advertise: April 7, 2011 and April 14, 2011 ? �v 5v Ih- Doreen Prouty Chairperson yu' 0 DP/jb m '.'1 3 � War's TOWN OFAGAWAM 36 MAIN STREET AGAWAM, MA 01001 1 DECISION OF BOARD OF APPEALS MP � 3 Petition of: Jane Hartshorn N � I Premises affected: 390 Poplar Street 3 Date: April 25,2011 "' Case#: 1875 c+ I The Board of Appeals conducted a public hearing and meeting on April 25, 2011 at the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA for all parties interested in the appeal of Jane Hartshorn, who is seeking a Special Permit in accordance with Section 180-7, Paragraphs A& B of the Zoning Ordinances, which would allow for the construction of an addition to a residential structure with less than the required front setback and side yard at the premises identified as 390 Poplar Street. After the public hearing and a thorough review of the facts presented,the Agawam Board of Appeals made the following findings: ! 1. The subject property is located in an area of town zoned Agricultural. 2. The petitioner proposes to construct an addition to the rear of the existing single family residential dwelling. 3. The existing front setback of the existing structure will remain the same. 4. The northerly side yard at the rear of the existing structure is currently 6.32'. The proposed addition will create a new side yard dimension of 5.86 . 5. Section 180-7 (B2) states that a non-conforming structure may be altered or enlarged in that use but only after granting of a special permit by the Board of Appeals. 6. A single-family dwelling is an allowed use in an agricultural zoning district. 7. The specific site is an appropriate location for the proposed addition, which is situated in a residential area. I 8. No evidence was presented to this Board showing that the use, as developed, will have an adverse affect on the health, safety or property values of the neighborhood. 9. No evidence was presented to this Board showing that there will be any nuisance or potential hazards to vehicular of pedestrian safety. 10. The proposed addition will meet all building regulations providing adequate and appropriate facilities and controls for the proper and safe operation of the proposed addition. 11.No evidence was presented to this Board showing that the proposed use would be considered so objectionable or obnoxious that the proposed use would be against the public interest or detrimental j or injurious to the character of the neighborhood. DECISION (p2) Desiree Marsili Case# 1865 Based on its findings,the Board is of the opinion that it is within the authority of the Agawam Zoning Board of Appeals to grant a special permit as stated under Section 180-7, Paragraphs A& B of the Agawam Zoning Ordinances of the Code of the Town of Agawam. Now, therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby grants the petitioner a special permit to allow for the construction of an addition to a residential dwelling subject to the following conditions: 1. The proposed addition will be constructed according to the plan submitted,prepared for Jane Hartshorn, drawn by Ronald R. Huot, Land Surveyor, dated December 31, 2010 and signed by the members of this Board. 2. This special permit is for the proposed addition only. All other zoning and building requirements are to be met. 3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special Permit" form, which shall be provided by this Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 4. This Special Permit shall become null and void if construction of this addition does not commence within two (2) years from the date of this decision. This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 a► BOARD OF APPEALS E0 Signatory Page of Decision yr„ 3 3c� Case#: 1875 CA Date: April_25, 2011 Applicant: Jane Hartshorn � Address: 390 Poplar Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. Doreen Prouty Joseph Conte James Marmo G4VV Suffriti (Alternate) Richard M (Alternate)61 I i i r: kQ' O� OQ v N / F John E. Jr M ShUIer \oL iUj N$p�3'43„� ��a ANDERSON ASSOCIATES o LAND SURVEYOR, LAND 0 00m 536 ¢0' PLANNING CONSULTANT, N uz \ SITE DESIGN ry _j • - Ana. � � �'' ,( Proposed \ 375 WALNUT STREET EXTENTION Aadition o P:O. BOX 382 First & ,ya �V AGAWAM, MASSACHUSETTS 01001 IsJ Second Floor Res #39 ^� �lb Tel. 413 525-4145" 4 Fax 413 533 9975 66.70' I °�o9e0 S7937'01„E ? 0 N / F ,q• O ichard A. Nei,, G'� J 1 I E PLAN IN - N ti Q' N AGAWAM , M A Edward R, � Laura L. Hamel � I _ , S � PREPARED FOR: Jane Hartshorn 390 Poplar Street Feeding Hills, MA U NO. DATE DESCRIPTION This plan prepared In accordance with the rules and regulations of the Registry of D"e"eols. Dates December 31, 2010 ' � ." `. LAN pF Mrs �3'.� ROINALD 1 R. N 3� Y LEGEND SCALE: 1 " — 4 0' . DATE: Dec., 2010 � No. 31785 IRON PIPE FOUND O GRAPHIC SCALE ' IRON PIPE-TO BI SET r F. IRON BAR FOUND �1 I zo 4o so iso DRAWING N0. BOUND U FO ND .fl BOUND TO BE- SET: ■ ( IN FEET. 40 1 irieh. t" i r. '�' Y� F F Y s ` ai W• rXK-4s.- �� . <v. vw 4 {*✓ yr XaS. bs X v x _. .. - - _ .. .....,... AGAWVA AAG r M A ' Y - O` - - - bQ N � F v John F• Jr. & sa M Shuler a) �. Ln N80'13'43„W �,.a ANRERSON ASSOCIATES 536.40, p° LAND SURVEYOR, LAND a PLANNING CONSULTANT, v2 SfTE DESIGN Fnd. h e Proposed 375 WALNUT STREET EXTENTION Addition P.O. BOX 382 first & g� 1, �/ AGAWAM, MASSACHU'SETTS 01001 � Second Floor Res #3g0 p��•h� �C/ 0 Tel. 413 525---4145 . h a Fax 413 533-997�5 466 S79 37'01"E �e z �� p (0 a� O - N / F Richa�� A.' Ne{s �- SITE PLAN IN NSF AW . Ham el O Q R � S I S � I .. TRE � �. I PREPARED FOR: r I Jane Hartshorn 390 Poplar Street Feeding Hills, MA NO. DA TE DESCRIPTION This plan prepared in accordance with the rules and, regulations of the. Registry of Dee'els, Dater December 31, 2010 � RaNAL � . LEGR. SCALE: " — 40' DATE: Dec., 201 (0 c HUOT No. 31785 IRON PIPE I-OUND O D GRAPHIC . APHI SCALE E IRON PIPE TO BE SET �' IRON BAR FOUND, 4° o io �o so ISO x DRAWING NO. BOUND ''OUND G] BOUND TO EE SET ■ ( IN FEET ) . I 2 inoh 40 i .a� .. :,. . •, ._. a .,_ ., .