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R Plow, Arcs )' Z834 r � Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Agawam June 26, 2012 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Town of Agawam return key. Name of Violator yf� 36 Main Street, Agawam, MA 01001 V Address 1. Location of Violation: � Y: r� same Property Owner(if different) .J f Redwood Drive Street Address Agawam 01001 0 ; Cityfrown Zip Code L6 913 tJ1 `-' ;n Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Dumping of stumps, chippings and tree debris in wetland buffer. Three trees either pushed or fell into flood lain and wetland on town-owned property, B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and 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 in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc•rev.7114I04 Page 1 of 4 a LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: 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 (e.g., erosion/sedimentation controls)to prevent further violations of the Act: All debris is to be removed from wetland/floodplain (no machinery is to be used in the wetland area) within fourteen days of receipt of Enforcement Order. Commission is to be notified when this work has been completed so that a follow-up inspection can be made. It is recommended that"no dumping"signs be posted in this area. 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. 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 T Phone Number Hours/Days Available Issued by: Agawam Conservation Commission Conservation Commission signatures required on following page. wpaform9a.doc•rev.7114104 Page 3 of 4 LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cant.) 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: Signature of delivery person or certified mail number wpaWmsa.doc•rev.7114/04 Page 4 of 4 TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN STREET AGAWAM, MA 01001 — 786-04002 EXT. 8245 October 2, 2012 Christopher Golba, Superintendent Department of Public Works 1000 Suffield Street Agawam,MA 01001 m Dear Mr. Golba: o At its duly called meeting held on September 27, 2012, the Agawam Conservation Commission voted to lift the Enforcement Order issued to the Town dated June 26, 22t2 for property on Redwood Drive. The Commission would like to thank you for your ` ; continued cooperation and attention to this matter. ,9; cri r3 Sincerely, Henry A. ozloski, Chairm AGAWAM CONSERVATION COMMISSION HAK:prk Cc: Mayor DEP C. Bradway Town Clerk F jzo "t LlMassachusetts Department of Environmental Protection y '911C1I}Q,r(ASGY i 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 key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Daniel Robert return key. Name Name 41 Richardson Place Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code Cityrrown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents. 'Interactive Map", Town of Agawam 4117/12 Title Date Title Date Title Date 2. Date Request Filed. April 30, 2012 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered y6mr Request for Determination of Applicability, with its supporting documentation, and mZ theletbwing Determination. CD cn -; Project Description (if applicable): r`n Removal of trees damaged during October 2011 snowstorm. Project Location: 41 Richardson Place _ Agawam _ Street Address City/Town J5 1/20 Assessors Map/Plat Number Parcel/Lot Number wpaformZdoc-rev.12115100 Page 1 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.) The following Determination(s) Ware 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 (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 wpaformZdoc•rev.12l1510a 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 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 end of this document. Q 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 Conservation Commission 24 hours prior to work taking place. Stumps are to be ground and the area is to be stabilized. ❑ 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.12115140 Page 3 of 5 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 B. Determination (cont.) ❑ 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 11, 2012 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). GOSignatures: May 10, 2012 Date T wpaformMoc•rev.12115= Page 4 of 5 7�C o r- U-nrT I Massachusetts Department of Environmental Protection 41 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 key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Daniel Robert same return key. Name Name 41 Richardson Place Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code City/Town State Zip Code rewm 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Town of Agawam Interactive Map July 31, 2012 _ Title Date Title Date Title Date 2. Date Request Filed: N August 1, 2012 _ c3 ..� B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission consider your Request for Determination of Applicability, with its supporting documentation, and made8ie follonng Determination. rn Project Description(if applicable): 10' x 20' addition to back of house the Conservation Commission is requiring that 3 to 5 native species plants be planted along the top of the stream bank. ` Project Location: 41 Richardson Place Agawam Street Address _ City/Town 15 1/20 Assessors Map/Plat Number Parcel/Lot Number wpeform2.doc•rev.1 V1 SM Page 1 of 5 r 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.) 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 (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.12115/W 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 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 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). ❑ 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. wpalorm2.doc•rev.12115100 Page 3 of 5 ILIMassachusetts 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.) ❑ 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 August 13, 2012 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: r August 9, 2012 Date wpaFormldoc•rev.12h SM Page 4 of 5 • �� 3 ���.�.�.y ter_ Massachusetts department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-512 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1 Applicant: forms on the John Guiel coo computer, use Name only the tab key to move 121 Ridgeway Drive your cursor- Mailing Address ~� do not use the Feeding Hills MA 010S0- return key. City/Town State Zip Cede r•z _ tab 2. Property Owner(if different): 77 c_; r11 same - Name Mailing Address City/Town State Zip Code B. Authorization The Order of Conditions (or Extension Permit)issued to the applicant or property owner listed above on: June 26, 2008 Date for work at: Lot 3 Ridgeway 1]rive F12 4/22 Street Address Assessor's MaplPfat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 15394 240 County Book Page Certificate(if registered land) is hereby extended until: September 22, 2010 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended, Date the Order was last extended (if applicable): June 26, 2008 Date Issued by: Agawam July 23, 2009 _ Conservation Commission Date woaform7.doc•rev.311105 _ Page 1 of 3 r Massachusetts Department of Environmental Protection \ DEP File Number: T�-- Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office. Signatures: S t e Do glas k4_43 ec Hen Kozlo She yl Becker 0.1 Magda Ga iatsos Jil Messick Notary Acknowledgement Commonwealth of Massachusetts County of Hampden On this 23rd of July 2999 Day Month Year Before me, the undersigned Notary Public, personally appeared Steven Douglas , Mark Soticheck, Henry Kozloski, Sheryl Becker NameofSigner ag a a ic"3 SoS , 1 05SiC proved to me through satisfactory evidence of identification, which was/were ners2nal knnwlQc�ga Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. arti As member of ACitgawgaw Conservation Commission Signa re of Notary Public Printed Name of NotaryPublic PAMELA A. � MUNDS,Notary Public Commonwealth of Massachusetts My Commission Expires June 4,2010 Place notary seal and/or any stamp above My Commission Expires(Date) wpaform7Aoc•rev.T1105 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-512 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done_ Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam _ Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Lot 3 Ridgeway Drive 87-512 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: John Gulel Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.311105 Page 3 of 3 t Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-512 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Ll P A. General Information Important: When filling out 1. Applicant: forms on the Jahn Guiel computer, use Name only the tab key to move 121 Ridgeway Drive your cursor- Mailing Address do not use the Feeding Hills MA 01030 return key. Cityrrown State zip Code 2. Property Owner (if different): �5f same Name ramm Mailing Address City/Town State Zip Code F'4? B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: July 23, 2009 Date for work at: 131 Ridgeway Drive F12 4122 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden _ 17928 536 County Book Page Certificate(if registered land) is hereby extended until September 22, 2012 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): July 23, 2009 Date Issued by: Agawam September 23, 2010 Conservation Commission Date wpaforW doe•rev.3fl/05 Page 1 of 3 LIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 - Extension Permit for Orders of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Authorization (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office. Signatures: Notary Acknowledgement -Commonwealth of Massachusetts County of Hampden 23rd Se tentber 2010 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared Fred Harpin, Henry A. Kozloski, Sheryl Becker, Magda Gal jatsns Name of Signer proved to me through satisfactory evidence of identification, which was/were Personal knowledge Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Agawam _ Conservation Commission City/Town ature of NotaryIp ic ell-w Printed Name of Notary Public VY C4WAI#SSIQN EXPNO JUL'i 14,2011 Place notary seal and/or any stamp above My Commission Expires(Date) wpaform7Acc•rev.311105 page 2 of 3 LIMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -.Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 37-512 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided-by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: _Agawam _ Conservation Commission a Please be advised that the Extension Permit to the Order of Conditions for the project at: 131 Ridgeway Drive 87-512 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpatosm7Aoc-rev,311106 Page 3of 3 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. Emergency Information Important: I F Arc awam Conservation Commission Issuance When filling out Issuing Authority forms on the River Road, approximately 180'south of South Florida Drive computer, use 1. Site Location: - only the tab key to move 2 Reason for Emergency: your cursor- do not use the Catch basin has collapsed and is endangering travelling public; also potential for resource area return key. impacts if culvert underneath has been compromised. _ Mass DOT through contractor, C&A Construction, Inc. 3. Applicant to perform work; - 4. Public agency to perform work or public agency ordering the work to be performed: MassDOT 5. Date of Site Visit: Start Date: End Date*: 5-10-12 5-11-12 June 10, 2012 *no later than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oil/hazardous material release. 6. Work to be allowed*: Replace collapsed catch basin with a precast catch basin structure. if necessary, replace any collapsed or deteriorated sections of pipe; repave disturbed pavement and if ncessary, stabilize disturbed shoulder areas with loam and seed. May not include work beyond that necessary to abate the emergency. C w w. S B. Signatures Certified to be an Emergency by this issuing Authority. -71 3 �. Signatures: cn Ma . 2012 r r', Cha'man( designee) Dat n A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certificalian Page 1 or 2 Rev.01/3110 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 C. General Conditions 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 Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. S. 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 Emergency Certification at reasonable hours to evalugte compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without written approval of the Department. D. Special Conditions Erosion controls(i.e. haybales, silt fence, mulch filter tubes) shall be installed as necessary to prevent sediment and material from entering any resource area. E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification, or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency Certiticalion Page 2 of 2 Rev.01/311D V le'o' y T� r� Gi] S Massachusetts Department of Environmental Protection Provided by Neg5DF*r- Bureau of Resource Protection - Wetlands 87-0582 p. 3 Ll WPA Form 5 — Order of Conditions MassDEP FiCD lms Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTra s on# Agawam u City/Town A. General Information Important: Agawam When filling 1. From:out forms Conservation Commission on the 2. This issuance is for computer, (check one): a. ®Order of Conditions b. ❑Amended Order of Conditions use only the tab key to 1 To: Applicant: move your cursor-do Howard Kane�sberg not use the a. First Name b. Last Name return key. c.Organization — -- — 184 River Road d.Mailing Address Agawam MA 01001 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b. Last Name Howard I<anegsberg and Marianne A. St. Andre c. Organization d.Mailing Address _ e.Cityffown f.State g.Zip Code 5- Project Location: 184 River Road Agawam a. Street Address b. CityfTown L5 _ 616 ... c.Assessors Map/Plat Number d. Parcel/Lot Number Latitude and Longitude, if known: 42.04956d m - s 72.60925d m wpaform5,doc• rev-12/23/09 Page 1 of 12 r— Massachusetts Department of Environmental Protection Provided by MassDEP: L1Bureau of Resource Protection - Wetlands 87-0582 1 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Citylrown A. Genera! Information (cons.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Hampden a. County b.Certificate Number(if registered land) 11038 192 c. Book d.Page 7-18-11 8-25-11 _8-25-11 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Notice of Intent Filing Plan, Kanegsberg Property, Parcel L5 6 6, 184 River Road, Agawam, MA R. Levesque Associated Robert M. Levesque, RLA b. Prepared By c.Signed and Stamped by 8-10-11 1" =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of 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(the Act). Check all that apply: a. ❑ Public Water Supply . b. ❑ Land Containing Shellfish `' ® Prevention of Pollution d. ❑ Private Water Supply a. Fisheries f ❑ Protection of Wildlife g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ❑ Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice 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. wpaform5,doe• rev.12123109 Page 2 of 12 Massachusetts Department of Environmentai Protection Provided by MassDEP; LlBureau of Resource Protection - Wetlands 87-0582 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam City/Town B. Findings (cont.) Denied because: b. ❑ 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 unbi a new Notice of Intent is submitted which provides measures which are adequate to protect the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order, c. ❑ 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 Acts interests,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 C M R 10.03(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project a.linear feet disturbance and Bank or Bordering Vegetated Wetland boundary(if available) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a, linear feet b.linear feet c.linear feet d. linear feet 5. ❑ Bordering _ Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies and a.square feet b.square feet C.square feet d.square feet Waterways _ e,cly dredged f.dy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f,cubic feet g.cubic feet h, cubic feet 8. ❑ 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 feet wpaforrnS.doc• rev.12123/09 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0582 WPA Form 5 - Order of Conditions Mass DEP File # Massachusetts Wetlands Protection Act M.G.L, c. 131, §40 eDEP Transaction# Agawam City,Town B. Findings (cant.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 499 _ 499 9. ® Riverlront Area a.total sq.feet b.total sq.feet 151 151 Sq ft within 100 it c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 348 348 top ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the _ Ocean a. square feet b.square feet c. 6y dredged d.aly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c, nourishment d. nourishment 14, ❑ Coastal Dunes — Cu Yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b. square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt _ Ponds a,square feet b.square feet c.Gy dredged d.efy dredged 19. ❑ Land Containing Shellfish a.square feet b. square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.Gy dredged b.Gy dredged 21. ❑ Land Subject to _ Coastal Storm a.square feet b.square feet Flowage wpaform5.doc• rev.12/23ng Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP_ Bureau of Resource Protection - Wetlands 87-0582 WPA Form 5 — Order of Conditions MassDEP File# 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eQEP Transaction# Agawam Cityfrown B. Findings (cant.) 22. ❑ Restoration/Enhancement: a.square feet of BVW b. square feet of salt marsh 23. ❑ Stream Crossing(s): 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. i. 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 permittee 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 apply: 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 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 extend the issuance date of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. 7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or 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. 8. 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. wpaform5.doc• rev.12P231C9 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0582 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 eQEP Transaction# Agawam Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 10. 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 87-0582 " 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 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#12 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. wpaform5.doc• rev 12/23109 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassIDEP; Bureau of Resource Protection - Wetlands 87-0882 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam_ _ CityFrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 or his/her 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 fine has been approved by this Order. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project")is (1)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: 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, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in p{ace unW 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: i. 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 MassDEP 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 trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. 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 planting 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. wpaform5.doo• rev.12f23109 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0582 WPA Form 5 — Order of Conditions MassDEP Fiie# ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEP Transaction# Agawam Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP 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 18(e)) 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 stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 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 Pollution 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 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(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 serving 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. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the 0&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.doc- rev.121231a9 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 87-0582 WPLAA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEPTransaction# Agawam City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 log 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, 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. i) 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, Vo4ume 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 (if you need more space for additional conditions, please attach a text document): SEE ATTACHED CONDITIONS wpoform5,doc^ rev 12I AN Page 9 of 12 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS #87-0582 - Kangegsberg - River Road 20. This Order supersedes all previous Orders of Conditions issued for this work. 21. 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. 22. 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. 23. 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. 24. The Commission shall be notified at least seventy-two hours prior to the start of construction and after erosion control measures are in place to enable the Commission to ensure compliance with these Orders. 25. The erosion and sedimentation barrier shall serve as the alteration limit line. Said barrier shall fully protect the adjacent wetland/resource area, and no work shall be permitted beyond this limit line. No machinery shall be operated beyond this limit line. 26. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 27. 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. 28. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 29. 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. 30. If any 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. 31. Whether from on-site or off-site, any fill used in connection with this project shall be clean fill as described here: The fill material shall be clean coarse washed sand or other clean granular material essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen clumps of earth, wood tree branches and waste material. Before the fill is put in place, all trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and other impervious materials shall be removed from all areas to be filled prior to the placement of the fill material. 32. This parcel shall carry the following restrictions, and a covenant so noted on its 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." 33. 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. 34. 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. 35. 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. 35. 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. 37. A construction sequence is to be submitted to the Conservation Commission and shall include a description of when and where the silt fence/silt sock is to be placed. 38. Improvements and mitigation shall include removal of invasive species from entire bank down to the River; and removal of debris from tow of bank to the River. This work is to be done by hand -no excavation or machinery is allowed. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 87-0582 ' WPA Form 5 - Order of Conditions MassDEP File ti Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission a. ❑that the proposed work 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 of Conditions is issued. b. []that the following additional conditions are necessary to comply with a municipal ordinance or bylaw; 1.Municipal Ordinance or Bylaw T 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(if you need more space for additional conditions, attach a text document): wpaform5,&r• rev.12123ng Page 10 of 12 L1Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 1 WPA Form 5 -- Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Cityfrawn E. Signatures 7 This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission_ 2.Hum er 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: ❑ by hand delivery on by certified mail, return receipt rf� >ted�f Date 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 CMR 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 bearing, 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(M.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. wparorin&doc• ray.12123M Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0582 WPA Form 5 - Order of Conditions MasSDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Agawam Cityfrown 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 line, 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: 184 River Road 87-0582 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Hampden _ County Book Page for: Property Owner 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 wpaform5.doc• rev.12123M Page 12 of 12 wpaform5.doc• rev.12f23109 Page 13 of 12 C- Town of Agawam 36 Main Street Agawam, Massachusetts 01001.-1837 Tel. 413-786-0400 Fax 413-786-9927 January 20, 2012 �A a Christopher Sparks, Director L Agawam.Parks &Recreation 1000 Suffield Street Agawam, MA 01001 Dear Mr. Sparks: o At its duly called meeting held on January 19, 2012,the Agawam P ing Board vo Field to approve the Site Plan entitled "Restrooms and Storage, Borgatti , 207 River Road, Agawam, MA:" prepared by the Town of Agawam Engineering Di ' ion and dated 2/23/2011 with the following conditions: ■ there shall be adequate handicapped access from the parking lot to the building (ADA compliant apron and sidewalk); ■ if in the future a dumpster is needed, it shall be screened and gated; ■ all lights shall be shielded(pole light and gable end of building); ■ a security light shall be installed on the pole adjacent to the proposed building; ■ security gates shall be placed on the doors; and ■ the building shall be painted an attractive color and the Board shall be notified of the color once chosen. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, �✓�.a-'t?-�-4 of Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: Eng. Dept. Bldg. Dept. Town Clerk Decar L1Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 1 WPA Form 7 -- Extension Permit for Orders of Conditions 87-0544 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Frank and Joanne DeCaro _ computer, use Name only the tab key to move 369 School Street your cursor- Mailing Address do not use the Agawam MA 01001 return key. City/Town State Zip Code ,Irl I I 2. Property Owner(if different): Name �m Mailing Address City/Town State Z+� Zip Pode B. Authorization . - The Order of Conditions (or Extension Permit) issued to the applicant or property owner iiqed about on: 12-11-08 Agawam Date Issued by: Conservation Commission J � for work at: 254 River Road L6 10/13-3 Street Address Assessor's Map/Plat Number ParceVLot Number recorded at the Registry of Deeds for: Hampdeq document#182791 County Book Page Certificate(if registered land) is hereby extended until: December 11, 2013 Date Date the Order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended_ This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (htp:/lwww.mass.gov/derv/abouVregion/findyg. r.htm) Signatures: y -10-11 Date- U . / . wpaformTdoc-rev.311/2010 Page 1 of 2 } Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-0544 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 254 River Road 87-0544 _ Project Location DEP File Number TV has been recorded at the Registry of Deeds of: n rs� Hampden County for: Property Owner - T and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Qate S00V Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7,doe•rev 311f2010 Page 2 of 2 ...... ........... ......... ...........ae, .... .. ......... TOWN OFAGAWAM FOR OFMCF USE ONLY • 36 MAIN STREET Case #: F; .'��'. AGAWAM, MA 01001 Filed: 4 13 V — IC ' Hearin 13 BOARD OFAPPEALS D Expires: oil A � 41 .............. ................ ....................... ............ AGAWAK.11A Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-laws. Applicant Address ()ION Application is hereby made for a SPECIAL PERMIT as provided by Section Paragraph of the By-law. Premises affected are situated on . -7 Street; —feerdistant from the comer of Lwva� Street and known as street number &8 Property is zoned as Reason(s) for request of Special Permit: rxx - _MLL� -We- ul� 1 105- uns'. fnr�L QTs :tQ b�f& VA a(-\ Kk�eA 65� Lk- C� cy- Jvmd ca- -Ulvr Signature of owner or his authorized agent: P-o Q;0 Telep hone #: Llh rn CIO NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN Bk 1894.3 Ps4 21 w53748 INSPECTION SERVICES ��—��—��� � � 1�= s��► 2013 PLAY 2 4 A c� 41 AGAWAM, MA QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that 1, Aleksander Radionov a/k/a Aleksandr Radionov of 687 River Road, Agawam, Massachusetts, for consideration of LESS THAN ONE HUNDRED AND NO/100 ($100A0) DOLLARS, grants to Aleksandr Radionov and Yekaterina Radionova, husband and wife, both of 687 River Road, Agawam, Hampden County, Massachusetts, as tenants by the entirety, with QUITCLAIM COVENANTS The land in Agawam,Hampden County,Massachusetts,bounded alnd described as follows: .. 1' Beginning at an iron pin on the westerly street line of River Road,said iron pin being located bQ N 350 50'E. a distance of one hundred sixty-five and 00/100 (165.00)feet from a stone bound marking an angle point in the westerly street line of River Road thence along land of William].McIntyre N.ST 10'W. a distance of two hundred and 00/100 (200.00)feet to an iron pin at other land now or formerly of one Merrell;thence along land now or formerly said Merrell N. 36°50'E. a distance of seventy-five and 00/100 (75,00) feet to an iron pin;thence continuing along land now or formerly of said Merrell S.530 10'E. a distance of two hundred and 00/100 (200.00) feet to an iron pin on the westerly street line of River Road;thence along the westerly street line of River Road S. 360 50'W. a distance of seventy-five and 00/100 (75.00)feet to an iron pin marking the point of beginning. ,w � va a BEING the same premises conveyed to the Grantor herefn by deed of John G. Molta 6h s.m Mona dated June 2, 2003 and recorded in the Hampden County Registry of Dee in�ook:+ 13251, Page 394, > _ 3 D r A < o r'i cry rro i� h Bk 18943 Pg422 #53748 WITNESS, my hand and seal this 3e day of September, 2011, Brian G. Shea, Witness eksander Radionov a/k/a Aleksandr Radionov COMMONWEALTH OF MASSACHUSETTS Hampden,ss. On this _30th_ day of September, 2011, before me, the undersigned notary public, personally appeared Aleksander Radionov a/k/a Aleksandr Radionov proved to me through satisfactory evidence of identification, which was a Massachusetts driver's license, to be the person whose name is signed on the preceding or attached document, in my presence, and acknowledged to me that he signed it voluntarily for its stated purpose. My Commission Expires:6/1/18 Brian G.Shea,Notary Public "WMIO 11, 1NN � s 00NALD E. ASHE, AEC! iEF; HAMPDEN CDUNT`r REGiSTBY Dr DRS. 15100 D S.F. INSPECTION SI*RVICES 2013 MAY 20 A c� AGAWAM, MA 0 Q O � 0 N N i 1W s1r N!F ETT 59 MfiA Hau�E - �'fF CavT�RE i �. —4 CD 3 u, D rel I F I v F,F. R o A, NOTE: THE PURPOSE OF THIS PLAN 18 TO DRIL&MINE PHYSICAL KNCUMBRJkNCZ8 ON THE rQ USE BY To the BAM�<�J C RTH INSTITUTIONS, MORTGAGE A TY DR TITLEI?ZSURANCENDING COM and the Tl COP, `r r TLE I N 5 U RAt10E cQ• PANIES.IT IS BASED ON A SITE INVES3GATION.IT IS NOT To the best of my knowledge, information and-belief, I hereby report that THE ALND 18NOT SUFFICIENT TO 1E BUSED FOR THE I have examined the premises and that this inspection plat shows the buildings LAYOUTOFF PROPERTY LINES ORTHR ExC TING OF FENCES BY THE OWNE as located on the premises described, that the.buildings are entirely within A V OF lot lines, and that there are no encroachments upon`tlte premises described by. Z: "r`�'L buildings of any adjoining premises,except as indicated.I further report that, o�N��-� , to the be knowledge, there,are no easements of record affecting .>r' best of my g , , , h.ITH the tract shown hereon, except as noted. I further certify that this property ,p yss41 is located in the established flood hazard area. �sp`�c1 Dote. 7-01.1 E -E J��'�RL IAND This plat is compiled from other plans, deed dimensions and other sources of iE40 oration, is not to be construed as in accurate survey, and is subject to thong ore accurate Survey may disclose. 0 N ; T E' CALF' r,_X Y EWK OF PLANS: MAI 200 PAGE LOT K04 PLAN .No DES 2 I MASS. LIC. No, SMITH ASSOCIATES k_ V1 -/ 3138D SURVEYORS, INC. in r R6 I O ru0 V TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS A E ' June 5, 2013 a 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, July 22, 2013 for the following: Case #: 1914 Petitioner: Aleksandr Radionov Address: 687 River Road Reason: Seeking a special permit in accordance with Section 180-7 and Section 180-71 of the Town of Agawam's Zoning Ordinances which would allow for the construction of an addition to a structure found to lie within the floodplain and with less than the required side yard at the premises identified as 687 River Road. Advertise: Thursday July 4, 2013 and Thursday July 11, 2013 Doreen Prouty Chairperson DP/jb co 4.r3 R-� TOWN OF AGAWAM �•i►� 36 M41N STREET AGA WAM,, 11M 01001 DECISION OF BOARD OF APPEALS OR, 0 M4y Petition of Aleksandr Radionov `— Premises affected: 687 River Road Date: July 22, 2013 Case#: 1914 On ' l The Agawam Zoning Board of Appeals conducted a public hearing n July 22 ng and o ,201for a 11 parties interested in the appeal of Aleksandr Radionov, who is seeking a Special Permit in accordance with Section 180-7 and Section 180-71 of the Town of Agawam's Zoning Ordinances which would allow for the construction of an addition to a structure found to lie within the floodplain and with less than the required side yard at the premises identified as 687 River Road. 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 Residential A-2. 2. The petitioner wishes to build an addition to the existing legal non-conforming residential structure. 3. Section 180-26 (At) of the Town of Agawam Zoning Ordinances states: "there shall be a side yard between a principal building and any side lot line which shall be 15 feet in its least dimension". 4. A side yard of the existing structure is 6 feet in its least dimension. 5. Section 180-27 of the Town of Agawam's Zoning Ordinances states: "No lot shall have a frontage of less than 110 feet ....". 6. The subject property has a frontage of 75 feet. 7. The proposed addition conforms to all existing front, rear and side yard requirements. 8. 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". 9. A new Flood Insurance Rate Map became effective on July 16, 2013. 10. According to Mr. Erik Wight, Town of Agawam's Inspector of Buildings, the subject property is no longer located within the floodplain. 11. There shall be no greater an encroachment than that which already exists. 12. A single family dwelling is an allowed use in a residential A-2 district. 13. The specific site is an appropriate location for the proposed addition, which is situated in a residential area. 14. No evidence was presented to this board showing that the use, as developed, will have an adverse effect on the health, safety or property values of the neighborhood. 15.No evidence was presented to this board showing that there will be any nuisances or potential hazards to vehicular or pedestrian safety. 16. 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. 17. 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. 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 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: 1. The proposed addition will be constructed according to the plan submitted and signed by the members of this board. 2. This special permit is for the proposed addition only, 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 TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS D MP Signatory Page of Decision Case#: 1414 Date: July 22,2013 Applicant: Aleksandr Radionov Address: 687 River Road 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. lh Doreen ProQ Gary Suffriti James Marmo Gary Geiger(Alternate) Ri , d Maggi (Alternate) c- 3 c-n �.a l 15 00p s.�. INSPECTION SERVICES 2013 MAY 20 A I 9 o � AGAWA - MA °a o Q .� Fi8u5e - ! Ir -COUTURE Ln R 1 V R R 0 AC> NOTE: THE PURPOSE OF S FLAN 13 TO DE79RUINE PHYSICAL ENCUMBRANCES OUTHIN PROPERTY FOt USE BY LENDING To the BA M K 1f c P--rH INSTITUTIONS. MORTGAGE AND TI�$INSURANCE COM- and the -r, c o R r i-rl� N� 5 Li RA�4qr= co• PANIE&IT IS RASED ON A BITE INVNGATION.IT IS NOT To the best 4f my knowledge, Informatiori THE RESULT OF AN ACCURATE AND U8IVEBOUNDARY.and belief, I hereby report that SURVEY AND IB NOT SUFFICIENT IR USED FOR THE I have examined the premises and that this inspection plat shows the buildings LAYOUT OF oRORPERTY LINES ORTH CTING OF FENCES BY M as located on the premises described, that,the.buildings are entirely within lot lines, and that there are no encroachments upon the premises described by, buildings of any adjoining premises,except as indicated.I further report that, ONALD to the best of my knowledge, there,are no easements of record affecting ?r"�, hX H the tract shown hereon, except as noted. I further certify that this property ;p is located in the established flood hazard area. Note: 7_jDM E -B t La+�� This plat is compiled from other plans, deed dimensions and other sources of i information, is not to be construed as n accurate survey, and is subject to chanS ore accurate survey may disclose. 0w N : 2 TE: LZ. I L SCAUF M,&. UNT1920K PLANS: OO, LOT No.: PL ok .Nv M No, SMISRVOCCK SURVEYORS.l 31380El Tows of Agawam 36 Main Streei Agawam, Massachusetts 01001-1$37 Tel. 413-786-0400 Fax 413.-786-9927 March 12, 2010 Donna Jago 1028 River Road Agawam, MA 010.01 Dear Ms. Jago: At its meeting held on March 11, 2010, the Conservation Commission voted to approve the removal of the dead trees at the rear of you River Road property. The trees to be removed were viewed by Commission members Jill Messick, Sheryl Becker and Magda GaIiatsos during a site visit with you. Please be advised, however, that the stumps are to remain. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk cc: Town Clerk, File 7 aCej�� v:................... ... ... ...,.... . . -- ._...................... * TOVkW OF AGA 1►1►AM =, FOR OFFICE USE ONLY 36 MAIN STREET ' Case #: � AGAWAM, MA 01001 ; Filed: d BOARD OF APPEALS Hearing D to Expires: i ......_......._.........__......_........... ....... _................� Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and other By-taws. Applicant 1P, d!� Chew[ Address' 11 72. liver It-oa(� Ll yv t MA o f 0o i Application is hereby made for a SPECIAL PERMIT as provided by Section_ Paragraph of the By-taw. Premises affected are situated on Tiver EL9� Sttreet; 35 feet distant from the corner of POM-CVV4/ Street and known as,street number i ;7Z Property is zoned as A i I Reason(s) for request of Special Permit: In 0-1 J6 r �-t✓4 +gym nG �2 it 6-u- LL 12 11aliL, 80 K)" c - J u n ,jd Signature of owner or his authorized agent: 7��j-710 —2SI Telephone#. 1A NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYREWRfTTEN Bk 14303 Rg405 056793 06-30—EO04 @ 03 ; 46p Q U I T C L A I M D E E D KNOW ALL MEN BY THESE PRESENTS, that I, JOSEPH J. IACOLINO, of 1172 River Road, Agawam, Hampden County, Massachusetts for consideration paid in the amount of LESS THAN ONE HUNDRED AND 00/100 DOLLARS ($100.00) grant to JOSEPH J. IACOLINO and CHERYL A. IACOLINO, husband and wife, as tenants by the entirety of 1172 River Road, Agawam, Hampden County, Massachusetts with Quitclaim Covenants the land in Agawam, Hampden County, Massachusetts, bounded and described as follows: Beginning on the southeasterly side of River Road at a stone bound at the westerly corner of Pomeroy Street and running thence SOUTHWESTERLY on river Road about one hundred (100) feet to land conveyed by Trustees of the Kird Lands Trust to Charles H. Robinson and Nellie L. Robinson; thence SOUTHEASTERLY by said land now or formerly of Robinson about one hundred eight (108) feet to Pomeroy Street; thence NORTHEASTERLY on Pomeroy Street about one hundred (100) feet to a bound marking the angle in Pomeroy Street; thence NORTHWESTERLY on Pomeroy Street, one hundred five and 601100 (105. 60) feet to the bound at a River Road at the point of beginning. Subject to taking for Pomeroy as shown in an instrument dated February 13, 1948 and recorded in the Hampden County Registry of Deeds Book 1928, Page 428. Being the same premises conveyed to the grantor herein by deed of Joseph J. Iacolino and Cheryl A. lacolino dated June 25, 1996 and recorded in Hampden County Registry of Deeds Book 9536, Page 115. Bk 14303 Pg 406 #58793 Witness my hand and seal this day of June, 2004. Signed, seal and delivered in the presence of SEPH Jf IACOLINO COMMONWEALTH OF MASSACHUSETTS Hampden, ss. . On this q1 day of June, 2004, before me, theIndersigned notary public, personally appeared Joseph J. Iacolino� proved to me through satisfactory evidence of identification, which was his drivers license to be the person whose name is signedton the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. navid A. La izki, Not a y P is My Commission Expires: 12/15/06 DAVID A. LAD1ZK1 NOTARY PUBLIC Cadnlanwealih of Massathusefl$ M �OIA1AIiil9fi 6AYINt B!!: S. gad# • f i Bk 14303 Pg 407 #58793 ZXHIBIT "A" 1 The land in Agawam, Hampden County, Massachusetts bounded and described as follows; Beginning on the southeasterly side of River Road at a stone bound at the westerly corner of Pomeroy Street and running thence SOUTHWESTERLY on River Road about one hundred (100) feet to land conveyed by Trustees of the Kird Lands Trust to Charles H. Robinson and Nellie L. Robinson; thence SOUTHEASTERLY by said land now or formerly of Robinson about one hundred eight (108) feet to Pomeroy Street; thence NORTHEASTERLY on Pomeroy Street about one hundred (100) feet to a bound marking the angle in Pomeroy Street; thence NORTHWESTERLY on Pomeroy Street, one hundred five and 60f100 (105. 60) feet to the bound at River Road at the point of beginning. Subject to a taking for Pomeroy as shown in an instrument dated February 13, 1948 and recorded in the Hampden County Registry of Deeds in Book 1928, Page 428. Being the same premises conveyed to the mortgagor -herein by deed of Joseph J. Iacolino and Cheryl A. Iacolino dated June 25, 1996 and recorded in Hampden County Registry of Deeds Book 9536, Page 115. s tMALD E ASM REOMM #MM CO ITY RfGM OF MM • Po M E.RoY �-rt�EEY 1 ' t 10o 35 I 3 .yor f�tl� . 1 �rr �(pf ,1RF RnP�1tt1Sd� �r e o W F'teoD Zootjs ze1ApppDy_ FLOOD f JA2.A rzt7 ~— , U N F �,$,S no' k NOTE: /� �! THE PURPOSE OF THIS PLAN IS TO DWMRkf]NE PHYSICAL To the /-/,q-rj,o,tw o4,[,•, / j ��'p/���/�[� L�7, ENCUMORANC98 ON TH8 FROMMY FOR UAR BY LENDING and the +�19C�1 YC �'TC 14-kSZe P A!V C e f..d 1Z/d PAN Eta rrO13 BASED oN A SITE INYNTI ArON.rr 113 NOTLE INSUM"Ca T To the best of my knowledge, information and belief. I hereby report that NURVZY Na sHoiau P cu"r+°r s 8=a RD FOR;is i have exam fined the premises and that this lnspwdon plat shows the buildings LAYOUT np PROPEAlY L1NE8 OR THE ERECTING OP YEpiCEB SY THE ONHLlL as located on the premises described. that the buildings are entirely within lot lines, and that there are no encroachments upon the premises described by of buildings of any adjoining premises,except as indicated.I further report that, �4 DONALD to the best of my knowledge, there are no easements of record affeaUng ��` J. the tract shown hereon, except as noted. I further certify that thia property , SMITH a is located in the established flood hazard area. ��FMO'slasa� ,04 Notw. AS 5 Houck) This plat is compiled from other plans, deed dimensions and other sources of at LAKE 5° information, is not to be construed as an accurate survey, and is euhject to changes as a more accurate survey may disclose. • 1112 Kt�E.R R.a A+_ Ai, iranA RA13 ♦'"Tr. Mray 1 II 4%r►1 F. 7n' wi EXSSriNG 3 EXI5TIN6 POOR PROP05EP ROOM WN DECK 12'X 10' CLF:C W � FROM Fat r I.2X8 Pf FRAME v 16"O.C. M(1fOR 2.LEGGEP Paf5 ej 3,.10155 hWraR5 4,PM 511E-015f 121,O X 48"GEEP F65 6,6X6 P05r5 1.2X8 TRY'!E FW BEAM HIGGEN V' 1 1'KGPO5EP ROOM NEW 8,�/4"A17MMCH 5W FLOOR OPFN MCK 9,MLLATE VECK I%MP ROOM 1 O.YW VINYL LATTICE XOI.ING DOOM FOI.,T.it7ATION IWMp EQ IOW OMN PECK 8'X 12' I,20 Pf FP,NhE @ 16"O.C. 2,LEGC4fP POL5 3.J015f HANGFP5 8' 4,20 Pf TRIFLE W CAM NI17i7EN 5.(2) 12"0 X 48"PEEP F165 W/ANOiOR5 6.bX6 P05f5 1,5/4"X6"PT FOP OPEN GPCK,5fAP5 K M5 8,W4fE ANYL LAME YOM OPEN PECK F01.iN MON NOTE: (1) "A" WALL STARTS APPROX. 3" RIGHT OF OUTSIDE ELECTRIC MOTOR (2) ROOM FLOOR FLUSH W/ EXISTING HOUSE FLOOR (3) SUNROOM ROOF SHINGLES TO MATCH HOUSE ROOF (4) CMSR TO INSTALL OWNER FURNISHED FINAL FLOORING (5) CMSR TO REPAIR APPROX. 6'OF EXISTING HOUSE ROOF &INSTALL HOUSE GUTTER ON "A" WALL SIDE MOT05EP 5 TASON 5d I i OOM 12'X 18'(APPIWOX) A rM 51W -5"HC ROOF 5Y5TFM(5}aINQtp) NEW 6'GOOP FROM 5)WOOM (NOf SF46M W VFW) LATf1C1 530M IL IL f'ARfU4- wimJ LJ LJ 5fAr&M 56"H 64H In LAffa II"fKAG P 1 /4"05F q"{3W.LL45sk WAGE rrowt. Scale;I/8"-1' 0" Grawrq CMSR SERVICES, LLC IACO.INO PNPI NCB �_) 482 SOUTHBRIDGE STREET 1172 RIVER PO* AUBURN,MA OMI AGAWAM.MA 0001 pate,8/19110 Sheet I di ` G(0,0l r1,10, Tod � TOWN OF AGAWAM 36 MAIN STREET . 4' AGAWAM, MA 01001 rye 'i` BOARD OFAPPEALS E �c,A October 19, 2010 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, November 22,2010 for the following: Case #: 1871 Petitioner: Joe & Cheryl lacolino Address: 1172 River Road Reason: Seeking a special permit in accordance with Section 180-7, Paragraph B to allow for the construction of a residential structure with less than the required front setback at the premises identified as 1172 River Road. Advertise:November 4, 2010 and November 11,2010 Doreen Prouty Chairperson DP/jb §1"112 �6e. TOWNOFAGAWAM 36 MAIN STREET `!, a AGAWAM,, MA 01001 DECISION OF BOARD OF APPEALS �1 . Petition of. Joseph & Cheryl Iacolino Premises affected: 1172 River Road I Date: November 22, 2010 Case#: 1871 f The Board of Appeals conducted a public hearing and meeting on November 22, 2010 at the t Agawam Public Library Community Room, 750 Cooper Street,Agawam, MA for all parties' �s interested in the appeal of Joseph & Cheryl Iacolino,who is seeking a Special Permit in accordance with Sections 180-7, Paragraph B of the Zoning Ordinances,which would allow for the construction of an addition to a residential structure less than the required front setback at the premises identified as 1172 River Road. 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 a Residential A-1 zoning district. 2. The petitioner is seeking to build a twelve (12') foot by eighteen(18') foot sunroom with an attached twelve (12') foot by eight(8') foot open deck onto the existing dwelling on the f subject property. . { 3. Section 180-19, Paragraph C of the Town of Agawam's Zoning Ordinances states"on a corner lot, no part of any building shall be erected or altered so as to be less than 30 feet from any street line". 4. The existing structure has a front setback of twenty-eight(28') feet five (5") inches and a side yard, which abuts Pomeroy Street, of twenty-two(22)feet in its least dimension. 5. Section 180-21 of the Town of Agawam's Zoning Ordinances states"no lot shall have a frontage of less than 125" The subject property has a frontage of 100 feet. 6. Section 180-7 Paragraph B (2) of the Town of Agawam's Zoning Ordinances states that a non-conforming structure may be altered or enlarged in that use,but only after the granting of a Special Permit by the Board of Appeals. 7. There shall be no greater an encroachment than that which already exists. 8. A memo was received by this board dated October 21, 2010, from Sgt. Richard Niles, Safety Officer for the Town of Agawam stating"there would appear to be little negative impact to pedestrian,bicycle and/or motor vehicle traffic safety". 9. The specific site in an appropriate location for the proposed addition, which is situated in a residential area. I 10.No evidence was submitted to this board showing that the use, as developed, will have an adverse affect on the health,safety or property value of the neighborhood. 11.No evidence was submitted to this board showing there will be any nuisance or potential hazards to vehicular or pedestrian safety. 1 f DECISION (p.2) Joe&Cheryl Iacolino Case 91871 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 submitted to this board showing that the proposed use would be would be considered to be so 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 Board of Appeals to grant a special permit as stated under Section 180-7,Paragraph B (2) of the Zoning Ordinances of the Code of the Town of Agawam. Now, therefore,by a unanimous vote of its three members, the 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 to the plan drawn and stamped by Donald J. Smith, Professional Land Surveyor, dated May 1991 and signed by the members of this Board. 2. This special permit is for the proposed addition only. All other zoning requirements as well as all 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 authorized by the special permit 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 2 TOWN OF AGA WAM 36 MAIN STREET 4 AGAWAM, MA 01001 1� BOARD OFAPPEALS gTE0 MP Si ng_atory Page of Decision Case#: 1871 I Date: November 22, 2010 Applicant: Joe & Cheryl Iacolino { Address: 1172 River Road I 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 5i9 James Marmo ary Suffriti (Alternate) Richard Maggi (Alternate) •r rTK r--�Y 1 ' ± 1 ov 1 a o t�. i Fi..doc) z.00r-1a 20 APPRD7c. FtAD FIA-1.A rzo Approved b LINE 'S . � Appeals R1VE_1R. Dale: NOTE: THE PURPOSI OF THIS PLAN 1B TO CSTSRMINB PHYSICAL To the 1JA ri p�p9z- er i �Ta1�T�Ih7(j� �« 6llcuaBRA14CEB ON THB PROPERTY FOA UBR BY LCNDINA INWnTUT10N4. 'AGATGAGI AND TITLE iNSWUNCR CON- and the 1,gcv` e -,Q..5 �iT[,, �L},�(��A�(!�`� ed t/4 PANICS.IT 18 BASSO ON A WTS INVWr OATION.1T is NOT To the best of my knowledge, information and belief, I hereby report that AUAVIIV AND°A Hos ss AN u FI fl abet 70 s u-4sn MR s I have examined the premises and that this Inspection plat shows the buildings LAY OUT OOF ANER EA!!I IHLS OBT}16 ERECTING OF FENCES as located on the premises described, that the buildings are entirely within lot lines, and that there are no encroachments upon the premises described by � tititi ar 'us buildings of any adjoining premises,except as indicated.I further report that, 0014 LD to the beat of my knowledge, there are no easements of record affecting the tract shown hereon. except as noted. I further certify that this property SMIYH Na 31380 is located in the established [food hazard area. `1Qote: As S Ho WA J Sn� This plat is compiled from other plans, deed dimensions and other sources of `OVA( LAN°Sy information, is not to be construed as an accurate survey, and is auhject to changes as a more accurate survey may disclose. WM!I: T-T,571.1 4VD L-C,4 vj- Si it 1 2 K%Ug-7 ;?-o Af_ i-NI,1fahh WAA FrIATr- MEV I 91 Ae, AI r• 7n' oa I-An Nivexv,w P.vQ-, k Vd efk 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 A. General Information Important: When filling out From: forms on the Agawam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Dwaine Gaudette return key. Name Name 47 Riverview Avenue °b Mailing Address Mailing Address Agawam MA _ 01001 Cityfrown State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: TOA GIS map, Parcel ID L1 6 4 3/26112 Title Date T-dle Date Title fate 2. Date Request Filed: March 26, 2012 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): Cut and remove trees that were damaged durin October 2011 snowstorm. low Project Location: 47 Riverview Avenue Agawam Street Address CittylTown L 1 6/4 Assessors Map/Plat Number Parcel/Lot Number wpaMrrn2-doc•rev.12fiSM Page i 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(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.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 (coat.) ❑ 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 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). Stumps are to remain. Conservation Commission is to be notified 24 hrs. prior to this working starting and again when the work has been completed. ❑ 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. wpafann2.doc•rev,12115100 Page 3 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.) ❑ 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 Municipatity 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 o f r;;�t Date Drati 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 gust be sent to the appropriate DEP Regional Office(see Appendix A) and the property owner(if different from the applicant). ❑LJSignatures: �-e- all April 12, 2012 Date wpaform2.doc-rev.12115= Page 4 of 5 R\V�r L]qVC 1 �C AGREEMENT FOR LANDSCAPING SERVICES CONNECTICUT RIVER WALK & BIKEWAY AND PYNCHON POINT PARKING LOT This Agreement is made by and between the Town of Agawam, a municipal corporation with offices at 36 Main Street, Agawam, Hampden County, Massachusetts (hereinafter referred to as the Town) and Christopher A. Romano Desi -A-Sca e Landscaping, (hereinafter referred to as the Company). NOW THEREFORE, in consideration of the mutual agreements between the Town and the Company, which consideration both parties agree is sufficient and adequate, the parties hereby agree as follows: 1. Landscaping Services. The Town hereby employs the Company to perform the following landscaping services in accordance with the terms and conditions set forth in this Agreement. a. Company shall perform the "spring clean up"for the Connecticut River Walk &Bikeway and Pynchon Point Parking Lot(hereinafter the bike path/parking lot) which clean up shall include the removal of all winter debris,raking the lawn areas and the clearing and/or sweeping of the bike path/parking lot. b. Company shall maintain the lawn areas adjacent to the bike path/parking lot, and mow and remove weeds from the lawn areas adjacent to the bike path/parking lot on a bi-weekly basis or when the grass reaches 4"during the term of this Agreement; and C. Company shall remove all litter from the bike path/parking lot and the areas immediately adjacent to it before mowing during the term of this Agreement. d. Company shall perform the "fall clean up" for the Connecticut River Walk& Bikeway and Pynchon Point Parking Lot which clean up shall include general clean up and blowing of leaves and other debris off bike path/parking lot. 2. Term of Agleement. This Agreement will begin on M0, 011 and will end on October 31, 2012. Either party may terminate this Agreement with thirty (30)days notice to the other party in writing, by certified mail or personal deliver. The Town may terminate this Agreement for cause forthwith with written notice to the Company. -2- 3. Payment to Company. The Company shall be paid the sum of$750.00 dollars for the"spring clean up" described in paragraph 1 a above. The Company shall invoice the Town for the"spring clean up"upon its completion. The Company shall be paid the total sum of$3,000 dollars for the lawn maintenance and litter removal services described in paragraphs 1 b and I c above. The Company shall invoice the Town in six equal monthly invoices of $500.00 dollars for the lawn maintenance and litter removal services, beginning on June 1, 2012. The Company shall be paid the sum of $750.00 for the"fall clean up" described in paragraph ld above. The Town shall pay all invoices within thirty (30) days of receipt. 4. Inde ndent Contractor. Both the Town and the Company agree that the Company will act as an independent contractor in the performance of its duties under this Agreement. Accordingly, the company shall be responsible for payment of all taxes including federal, state and local taxes arising out of the Company's activities in accordance with this contract, including by way of illustration but no limitation, federal and state income tax, social security tax, unemployment insurance taxes, and any other taxes or business license fees as required, The Company shall also be solely responsible for the provision of liability and workers compensation insurance for its principals, officers, agents and employees. The Company agrees to provide the Town with an insurance binder from its liability insurance carrier listing the Town as an additional insured on the policy. The Company also agrees to provide the Town with proof of workers compensation insurance. 5. Indemnification. The Company hereby indemnifies and agrees to hold the Town harmless against any loss, claim, cost, damage or expense, including reasonable attorney's fees and court costs, which it may sustain, suffer or incur by reason of the Company's performance under this Agreement. 6. Assignment. This Agreement may not be assigned by the Company without the Town's prior written consent. If an assignment is authorized under this Agreement, all terms and conditions shall be binding on the party's successors and assigns. The Company shall not delegate its obligations and responsibilities to any third party, subsidiaries, employees, subcontractors, or agents who are not approved in advance and in writing by the Town. -3- 7. Miscellaneous. This Agreement constitutes the entire understanding and agreement of the parties and supersedes all prior written or oral agreements with respect to the subject matter of this Agreement. This Agreement may not be modified or amended without the express written agreement of both parties. Waiver of any provision of this Agreement by a party shall not constitute a waiver of any other provision or waiver of the same provision at any other time. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. 1 Executed as a sealed instrument this 1 st day of May 2012. TOWN OF AGAWAM DESIGN-A-SCAPE LANDSCAPING ALk 4 Z� Richard A. Cohen, Mayor Christopher A. Romano APPROVED TO FORM AND LEGALITY c Vincent Gioscia, Town Solicitor APPROVED AS TO APPROPRIATION J Chery SqJo ,Auditor Account 416619-52461 1 From:Jennifer ScovD At Axia East FaXID:A)oa Insurance To:DEBORAH Date:4/302012 02:36 PM Page: 2 of 2 r DESIG-3 OF ID: JS CERTIFICATE OF LIABILITY INSURANCE 1 DAT 041271271lIYYY) 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(SJ AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s PRODUCER 413-205-2942 NAME CT AXiA Insurance Svc B.I.S. 413�86-0190 PHONE AlC Na;933 East Columbus Ave Ne Ed Spprringfield MA01105 L Alana Sam&or ADDRESS: INSURER(S)AFFORDING COVERAGE MC# INSURERA:Travelers Insurance Co 25674 INSURED Design A Scape INSURERB:The Hartford Insurance Company Chris Romano PO Box487 INSURERC Agawam,MA 01001 IW6URER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN;THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. 18 TYPE OF INSURANCE POLICY NUMBER Pmn)oYYYY MMADIYYYY LMITS GENERAL LABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL UABILITY $0-472ON371-ACJ-12 04120112 0412d13 PRgmtsES f6s occunw.oe I S Soo, CLAIMS-MADE OCCUR MED EXP(Any one persons F 5, PERSONAL&ADV INURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 MPOLICY LAGGREGATELIMITAPPLIFSPER: PRODUCTS-COMP/OPAGG 6 PRO- LOC $ AUiOM0131LE LIABL17Y COMBINED SUGLE LIMIT 1,OD0 Ea accident r A ANYAUTO BA-472ON567-124EL 04/20112 04W13 BODILY IN,uRY(Par person► t ALL OWNED SCHEDULED BODILY INJURY(Per aeddent) ; AUTOS X AUTOS X HIRmAUTOS XI NON-OWNED PROPERTY E AUTOS : Per ecridert t X UMBRELLA LAB X OCCUR EACH OCCURRENCE t 10,000, A EXCESOLLAR CLAIMS-MADE UP-0243RO91-12-42 DV20/12 D412W13 AGGREGATE $ 11000, DED I X I RETENTION S -5 DOD $ WOMERS COMPENSATION VVC STATU- I OTH- AM EMPLOYERS'LABLITYLIM B ANY PROPRIETORIPARTNERIF�CUTIVE F— 6WECIT6175 0910911 09/09112 E.L-EACHACCIDENT S 1,000,00 OPRCER)WIEMBER EXCLUDED? N!A (MandstoryinNH) E.L.DISEASE-EA EMPLOYEE f 1,000,00 11 yes,describe under 1 000 Oo DESCRIPTION OF OPERATIONSbeiu+r E.L.DISEASE-POLICYLIMdT S r r DESCRIPTION OF OPERATIONS I LOCATIONS/VEFICLES (Attach ACORD 101,Addidonal RNnaft Schedule,Ir more space is required) CERTIFICATE HOLDER CANCELLATION AGAWAMT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE REOF, Town of Agawam ACCORDANCE WITH THE OL CY P OVISIONS.E WILL BE DELIVERED IN Building Department 1000 Suffield Street ALMHORMED REM304TAWE Agawam,MA 01001 _ ,c t� logo-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD TOWW OF AGAWAM CO,2 ARVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786-0400, ext. 245 August 26, 2011 Christopher Golba, Superintendent Department of Public Works 1000 Suffield Street Agawam, MA 01001 Dear Mr. Golba: At its duly called meeting held on August 25, 2011,the Agawam Conservation Commission voted that the work under the FY 2011/2012 Chapter 90 Roadway Maintenance Program as outlined in your memo dated 8/19/11 does not require Notices of Intent. If additional work is required outside of the R.O.W. please notify the Commission for their review. If you have any questions,please contact this office at extension 245_ Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION 3 HAK:prk .. c7 Cc: Town Clerk, file w ' �oQd�,JQ� �i0.1�C_2 �rogYQ�'►1 TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAnV.ST.,AG4WAM, MA 01001 78&0400, "t. 245 May 25, 2012 Christopher Golba, Superintendent Department of Public Works 1000 Suffield Street Agawam, MA 01001 Dear Mr. Golba: At its duly called meeting held on May 24, 2012, the Agawam Conservation Commission voted that the work under the FY 2012/2013 Chapter 90 Roadway Maintenance Program as outlined in your memo dated May 3, 2012 does not'require the filing of Notices of Intent(NOI) with the exception of the work on Can Avenue and Nile Avenue. NOI's will be required for those two areas. If additional work is required outside of the R.O.W. please notify the Commission for their review. If you have any questions, please contact this office at extension 8245. Sincerely, I. Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION z -Y HAK:prk WO W 'yam'-r Cc: Town Clerk, file Y v, 05/03/2012 12:40 FAX 4138210631 19002/003 TOWN OF AGAWAM ,x #,.�� .,: Department of Public Works IV `'` 1000 Suffield Street • Agawam, MA 01001 Tel (413) 821-0600 • Fax (413) 821-0631 dry Christopher 1. Golba • Superintendent MEMORANDUM To: Conservation Commission CC: File From: Engineering Division Date; May 3,2012 Subject: FY 2012/2013 gha yter 90 Roadway Maintenance Pro am The Dept. of Public Works is contemplating certain roadway maintenance projects in the coming year on certain streets, each of which either crosses one stream and/or is within 200 feet of a stream or waver body. These projects axe summarized on the following table: STREET PROPOSED ACTIVITY Adams Street—Suffield street to Stream Crossing Cold plane (milling) 1-2"of existing pavement and resurfacing with SAMI layer& 1,5"of bituminous concrete. Care Avenue Cold plane(milling) 1-2"of existing pavement and resurfacing with 1,5"of bituminous concrete_ Clover Hill Drive--North Westfield Street to Cold plane (milling) 1-2"of existing pavement and Forest Hill Road resurfacing with 1.5"of bituminous concrete. Leonard Street House*137 to River Road Cold plane (milling) 1-2"of existing pavement and resurfacing with SAMI layer& 1,5"of bituminous concrete, (Vile Avenue Reclamation of existing pavement and resurfacing with 1.5'top course and 3" binder course The majority of the work involves sweeping of the street, adjustment of manhole and catch basin frames and covers, application of a tack coat immediately in advance of paving and a new surface course of pavement and a new binder course of pavement at Nile Avenue. New culvert pipes will be installed at Carr Avenue; the Agawam DPW is preparing a Notice of Intent for this work. . 05/03/2012 12!44 FAX 4138210831 UUJ/UV3 All proposed street paving work will be done within the limits of the public way or property and,except for adjustments of driveway aprons and tree belts to meet the new pavement, within the confines of the traveled way. We are not proposing to widen any roadways or increase impervious areas or storm water runoff. In accordance with past practice,the DPW is inquirmi g if a filing will be required for any of the above listed work. Sincerely, Michael F.Albro, P.E. Christopher I Golba Assistant Town Engineer DPW Superintendent TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786-0400, exit. 245 October 15,'2010 Loren Forastiere 149 Coyote Circle Feeding Hills, MA 01030 Dear Ms. Forastiere: Please be advised that the silt fence on Lot 2 Robin Ridge has been inspected and approved by the Commission. The silt fence is to be monitored and inspected on a monthly basis to ensure it is maintained. The Conservation Commission will also make periodic inspections of the lot. Attached, for your use, is'a copy of the plan for Lot 2. If you have any questions, please contact this office at 786-0400, extension 245. Sincerely, Henry A. KozIoski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk CD i TOWN OF AGA WAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA aIOQI 786 "ft ext.245 May 25, 2012 Anthony &Jean Brodowski 164 Robin Ridge Drive Feeding Hills, MA 0103 0 Dear Mr. &Mrs. Brodowski: At its duly called meeting held on May 24, 2012, the Agawam Conservation Commission voted to lift the Enforcement Order issued to you for Lot 5 Robin Ridge. If you have any questions, please contact this office at 786-0400, 8245. Sincerely, mc Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk -v - 3 Cc: DEP Town Clerk, File Cn rn TOWN OF A.GAWAM CONSERVATION COMMISSION 36 MALN ST.,AGAWAM, MA 01001 786.04K "t. 245 May 25, 2012 Dennis Punch 5 Plumtree Way Feeding Hills, MA 01030 Dear Mr. Punch: At its duly called meeting held on May 24, 2012,the Agawam Conservation Commission voted to lift the Enforcement Order issued to you for Lot 3 Robin Ridge. If you have any questions, please contact this office at 786-0400, 8245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town Clerk, File �c i Un c AU TOWN QF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAK MA 010OI 786.0400, ext. 245 May 25, 2012 Daniel Giordano 167 Robin Ridge Drive Feeding Hills, MA 01030 Dear Mr. Giordano: At its duly called meeting held on May 24, 2012, the Agawam Conservation Commission voted to lift the Enforcement Order issued to you for Lot 4 Robin Ridge. If you have any questions,please contact this office at 786-0400, 8245. Sincerely, Henry A. Kozloski, C airman _ AGAWAM CONSERVATION COMMISSION HAK:prk N Cc: DEP v - Town Clerk, File rn i Attachment 1 y � 3= PERFORMANCE AGREEMENT 0 ROBIN RIDGE ESTATES � LOTS 1 T14RU 6 INCLUSIVE F 4 THIS AGREEMENT made by and between BanvillwToomey Properites,LLC,a limited liability corporation,Michael Banville its Manager and John Toomey,LLC Member and Michael 8anville,an individual and John Toomey,an indvidual,hereinafter called the DEVELOPER,having a usual place of business at 63 Pine Cone Lane,Ludlow,Massachusetts and the Town of Agawam,Massachusetts,a municipal corporation having a usual place of business at 36 Main Street,Agawam,Massachusetts 01001,actin,through ` its Planning Board,hereinafter called the TOWN;witnesseth: 3 , WHEREAS,the DEVELOPER desires to carry out the development of lots 1 tbju 6 inclusive as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: DEFINITIVE SUBDIVISION 1 I ROBIN RIDGE ESTATES i i ROBIN RIDGE DRIVE,AGAWAM,MASSACHUSETTS AS PREPARED FOR BANVILLE TOOMEY PROPERTIES LLC R.LEVESQUE ASSOCIATES,INC. DATE: 6-17-08,REVISED 8-28-08 t SCALE V =60' HCRD BOOK PAGE s AND WHEREAS,on September 4,2008 the PLANNING BOARD of the TOWN endorsed plans '. i ! entitled: ; t 1 a DEFINITIVE SUBDIVISION PLAN ROBIN RIDGE ESTATES AGAWAM,MASSACHUSETTS i AS PREPARED FOR:BANVILLE TOOMEY PROPERTIES LLC F F DATE: 6-17-08,REVISED 8-28-08 i NOW,THEREFORE,in consideration of the approval of the definitive Plans by said TOWN, z providing for the construction of ways,clearing,grading and installation of municipal services to the above { mentioned lots;the DEVELOPER hereby agrees to perform the mquired improvements in accordance with the ; "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended,and to i construct the following items of work in a mamier satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and 1 Regulations of the Planning Board as it Refers to Subdivision Control",amended March 7, 1974,is hereby supplemented by the following descriptions,modifications, additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans i only where there is a discrepancy,and where the Town Engineer deternnines that these Construction Standard~ are more stringent. Wherever the term"Massachusetts Standard Specifications" is used it shall refer to "The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer"shall mean the Agawam Town i Engineer,acting directly or through an authorized representative,such representative acting within the scope of the particular duties entrusted to hire. 1� } j t The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at bast foray-eight(4$)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement_ Failure on the part of the DEVELOPER to provide such notification shall be i cause for the TOWN to require the DEVELOPER to excavate and reconstruct the improvements as necessary ! ' ;n order to insure that the work:has been dor►e hi a satisfactory ma7Z:,r. i I 1 1 ! � i i y y 7 � y 3 it I �{ l � s E A. Street and Rgadway: The entire area within the street layout shall be cleared of all stumps,brush, j roots,boulders,debris and all trees not intended for prese-ration. All loam,clay,peat and other unsuitable material encountered within the layout shall be excavated and replaced with granular material conforming to Massachusetts Standard Specifications M1.01,0 to a depth of 4 feet below the i subgrade. Install subdrains where the seasonal High groundwater elevation is within 4 feet of the proposed i roadway surface. Subdrain sizes and locations shall be subject to the approval of the Town Engineer I and shall be installed wherever necessary in the opinion of the Town Engineer. Subdrains shall ! conform to Massachusetts Construction Standards 209.1.1. All rock encountered within the street i layout shall be excavated and replaced with granular material conforming to Massachusetts Standard ' Specifications M 1.01.0 to such a depth of 4 feet below the subgrade. i} I � i I 1 Before placing any subbase or base materials,the entire subgrade area shall be fine graded and compacted to not less than 90 percent of maximum dry density as determined by AASTHO Test Designation T99.Compaction Test Method C_ Special Borrow for subbase shall conform to Massachusetts Standard Specifications M2.01.1. Subbase and base courses shall be fine graded and j } compacted to not less than 95 percent of maximum dry density in accordance with Section 401 and Section 405 of the Massachusetts Standard Specifications. The DEVELOPER shall be responsible for reimbursing the TOWN for the cost of all soils testing. The roadway surface shall be Class I Bituminous Concrete Type I-1 applied in Two(2)courses in accordance with Section 460 of the Massachusetts Standard Specifications. The top course shall not I be applied until one(1)winter season has passed since the completion of all underground work within jthe subgrade area. Only the roadway designs or alternatives shown on the Definitive Plans shall be ! ` constructed. { 3� E Bituminous concrete curb conforming to Massachusetts Construction Standard 106.2.0,Type 2 shall be installed on both sides of the roadway. Granite curbing shall be installed along the arc of the curve i at intersections. Type SA edging shall be used on Places and Lanes,and Type VA vertical curb shall E; be used on Sub-Collectors and Collectors,unless otherwise directed by the Town Engineer. li B. SanitaKy Sewers. Submit an"Application for Permit for Extension of Sewerage System"to the la Supei-intendent of Public Works for his recommendation to the Director of the Massachusetts 1 Division of Water Pollution Control. After receipt of a Sewerage Extension Permit,pay all fees and deposits,and apply for a connection to the public sewer. �I 3 la Install asbestos-cement,PVC or approved equal sewer pipe and fittings conforming to Massachusetts Z Standard Specifications M5.02.7,of the size,class and at the lines and grades shown on the i i ; Definitive Plans. The minimum design flexure strength of asbestos-cement sewer pipe%hail be class 4 2400 for sizes 4 and 6 inch diameters and class 3300 for sizes S through 12 inch diameter. The '• minimum PVC sewer pipe class shall be SDR 35,however, special bedding will be required. Building sewer connections shall be at least 4 inch diameter laid at 1/8 inch per foot pitch minimunn, s and shall be separated from the water services by at least 10 feet horizontally. Building sewer IIi connections shall not be made directly into manholes. Long sweep elbows shall be used for all bends i 11 1/2 degrees or greater. A cleanout shall be installed no further than 20 feet upstream of any 45 3 degree or 90 degree bend. No foundation drains or roof leaders shall be connected to tjie sanitary 1 sewers. ji 9 j Bedding shall conform to Subsection 230.61,and backfilling shall meet the requirements of Subsections 120.60B, 150.60 and 150.64 of the Massachusetts Standard Specifications. A special 1 �! bedding of sand borrow conforming to MI.04.0 Type shall be well compacted around all PVC sewer pipe a minimum distance of 1 foot. Where the bottom of the trench is,in the opinion of the Town 1 Engineer,found to be unstable,the DEVELOPER shall excavate the unsuitable material to the width and depth ordered by the Town Engineer,and shall replace all unsuitable materials,as directed,with a i $ well compacted foundation consisting of granular material conforming to M 1.02.0(maximum stone i 1 i size of 2 inches)or crushed stone conforming to M2.01.1 of the Massachusetts Standard i Specifications. Where rock is encountered it shall be re-moved to a depth of? foot below and from all sid.:s of the pipe or structure. r Precast concrete sewer manholes shall conform to Agawam Construction Standard 202.4.1 and shall }1 be installed in accordance with Section 201 of the Massachusetts Standard Specifications. Pipe connections to manholes shall be made with a flexible rubber hoot and shall be cast in a 6 inch concrete collar_ Inverts shall be brick conforming to Massachusetts Stand Specifications M4.05.I Preformed bituminous joint filler shall conform to M3.05.3 and cement concrete brick for adjusting frames and covers shall conform to M4.05.0 of the Massachusetts Standard Specifications. Type A frames and covers shall conform to Massachusetts Construction Standards 202.6.0 and 202.9.0,and 1 { shall have the word"SEWER" i nprinted in 3 inch high letters on the cover. �. i 1 i Page L i r, i 1� � l The DEVELOPER shall furnish the labor and equipment,test plugs, gauges and appurtenances necessary for air testing all sanitary sewer pipes. If leakage of air at 4 psi exceeds 0.15 CFM per square foot in any section of pipe,as determined by the Town Engineer, the DEVELOPER shall ` i locate the leaks and repair them at his own expense. In no event shall the total infiltration ur i extiltration including manholes.exceed file equivalent of 100 gallons per 24 hours per inch diameter per mile of sewer main,in any section of the sewer system,as detem-ined by the Town Engineer. , ? s C. Drainage: If any storm drains at-c to be connected to the TOWN drainage system;the DEVELOPER t shall apply to the Superintendent of Public Works for a permit to connect to the public storm drains, j and pay all fees and deposits required_ i Install reinforced concrete storm drainpipe gonforming to Massachusetts Standard Specifications M5.01.1,of the size,class and at the lines and grades shown on the Definitive Plans_ Stoml drain connections to foundation drains and roof leaders shall be installed as shown on the Definitive Plans, i and shall be at least 4 inch diameter laid at 1/9 inch per foot minimum pitch. The minimum flexure strength of 4 and 6 inch diameter asbestos cement pipe shall be class 2000 D. The minimum PVC } pipe class for storm drain connections shall be SDR 41,however,special bedding will be required. i Bedding shall conform to Subsection 230.61,and back-tilling shall meet the requirements of {< Subsections I20.6013, 150.60 and 150.64 of the Massachusetts Standard Specifications. A special bedding of sand borrow conforming to M1.04.0 Type b shall be well compacted around all PVC drain pipe a minimum distance of 1 foot. Where the bottom of the trench is,in the opinion of the Town l? Engineer,found to be unstable,the DEVELOPER shall excavate the unsuitable material to the width and depth ordered by the Town Engineer,and shall replace all unsuitable materials,as directed, with a well compacted foundation consisting of granular material conforming to M 1.02.0(maximum stone size of 2 inches)or crushed stone conforming to M2.01.1 of the Massachusetts Standard Specifications. Where rock is encountered it shall be removed to a depth of 1 foot below and from all � sides of the pipe or structure.e i ; Storm drain manholes.and Type C(Slope)catch basins shall conform to Agawam Constriction Standards 202.2.1 and 201.3.1 respectively, Precast concrete catch basin tops shall be as manufactured by New England Precast Concrete,Agawam,MA; Arrow Concrete Products, Inc., Granby, CT; or approved equal. Cement concrete brick for inverts and adjusting frames and covers ; shall conform to Massachusetts Standard Specifications M4.05.0. Manhole frames and covers shall ` be Type A conforming to Massachusetts Construction Standards 202.6.0 and 202.8.0 and shall have the word "DRAIN" imprinted in 3 inch high letters on the cover. ' l i Class A cement concrete masonry and steel reinforcement work shall conform to Section 901 of the 1. Massachusetts Standard Specifications. Headwalls shall be constructed to the designs and i dimensions indicated on the definitive Plans,and as directed to close conformity with the lines and i 1 grades established by the Town Engineer. Headwalls shall be built in accordance with t Massachusetts Construction Standards 206.4.0 or 206.6.0. 7 Rip-rap,channel paving and stone for pipe ends shall consist of furnishing and installing uniformly placed stonework at the limes and grades shown on the Definitive Plans,in accordance with SectionIt i 258 and 983 of the Massachusetts Standard Specifications. Stone shall conform to M2.02.3 with the s exception that rounded cobbles meeting the weight specifications may be used with the approval of ithe Town Engineer. ; i ' D. Water: Install 8-inch Class 52 cement lined ductile iron water mains,or larger as shown on the i Definitive Plans. Ductile iron pipe shall conform to Massachusetts Standard Specifications M5.05.3, Class 52. Joints shall be bell and spigot elastotneric gasket rings conforming to ANSI Specification I. A21.11. Standard laying lengths shall not exceed 20 feet. Ductile iron pipe shall be polyethylene } encased in accordance with ASTM Specification A674. i { s Hydrants shall be Protectop Type S as manufactured by A.P.Smith Manufacturing Co., East Orange, NJ; or approved equal. Hydrants shall have a 5-inch main valve seat,a bury length of 5.5 feet ill riiinuin,or as rt quircd for eaclh individual instal lation, and shall_be ftmiished.'-wi th two(7)2 1/2 ! ` incl,hose nozzies. One (1)additional 4 112 inch steamer nozzle shall be furnished on the hydrant i when deemed necessa b the Town Engineer. A hydrant tee and valve shall open left, r5' Y g Y P I counterclockwise. Gate valves shall be New York Metropolitan Standard meeting the requirements 1 of AWWA Specification C500,and shall have mechanical joint ends. Valve boxes shall be 4 1/2 inch diameter and the cover shall include the word "WATER' cast in the top. j Corporations shall be New England Standard and shall be Mueller H-15002,Ford F-60ON E,or approved equal. Curb stops shall be New England Standard and shall be Mueller H-15212,Ford i i Z22-333 SW or approved equal. e K copper tubing for water services shall be a wininium of 3/4 i a pp q Type pP g ; j inch diameter. 1 ' Where rock is encountered it shall be removed to a depth of 1 foot below tide bottom of the pipe. Page 3 { a ' I � { I i jOnly granular material approved by the Town Engineer shall be used as backfill in any trench 4 i excavation. 1 � E. Sidewalks and Tre belts: The DEVELOPER shall construct sidewalks on both sides of the roadway l s of such width as is shown on the Definitive Plans. The gravel subbase and Base courses shall consist 3 of a 6 inch gravel subbase and 2'inch processed gravel base confonnin.g to Massachusetts Standard Specifications M 1.03.0 Type b,and M1,03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses 1 inch each,and shall conform to the applicable requirements of { Section 701 of the Massachusetts Standard specifications. ! Treebelts shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans.. Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and detemjination of the amount of lime and fertilizer required. The work shall conform to Section 760 of the Massachusetts Standard Specifications,and ! the grass seed shall meet the requirements of M6.03.0. A copy of the seed certificate shall be ! ; submitted to the Town Engineer, The treebelts shall be watered,reworked,and reseeded as necessary yto develop a satisfactory stand of grass. i � i F. Utilities: Street lights sbaIl.be installed by the DEVELOPER at his expense and he shall be responsible for the cost of lighting until the street is accepted by the TOWN. Street lights shall be the type adopted by the Utility Committee of the Town Council. All underground utilities and service ;E connections shall be installed prior to the construction of the roadway surface. G. Inspection: The DEVELOPER shall notify the Department of Public Works of the TOWN at least i forty-eight(48)hours in advance of the time when he plans to begin or resume work on any of the improvements required by this Agreement. The TOWN will charge the DEVELOPER at the hourly '. rate established by the Department of Public Works for inspecting the work. No work will be accepted by the TOWN which has not been inspected on a daily basis during its progress. 'The i presence of an inspector shall in no way relieves the DEVELOPER from full responsibility for completing the required work and providing the workmanship and materials specified. f ' '1 Shade Trees: On each lot two(2)shade trees shall be planted within twenty(20)feet from the street s line and located so as not to conflict with underground utilities and sight distances. At the discretion of the Tree Warden, the shade trees may be planted on the treebelt within the street layout: Trees ? shall be 2 1/2 inches minimum in diameter,balled,burlaped,native and hardy species as approved by the Planning Board,and shall be planted subject to the direction of the Tree Warden. The DEVELOPER shall guarantee for one(1)full year that the trees remain alive and healthy, Y{ � 1 I. Clearing and Grading: Clear and grade the site as shown on the Definitive Plans. All areas not to be i paved which are disturbed by the DEVELOPER shall be limed,fertilized, seeded,mulched,watered, reworked and reseeded as necessary until a satisfactory stand of grass takes hold to prevent erosion. Any work performed on the banks of streams,drainage ditches or swales shall receive priority. Mulching and seeding for erosion control shall conform to Section 767 of the Massachusetts Standard a I Specifications. Seed for erosion control shall meet the requirements of M6.03.1. Where indicated on the Definitive Plans or deemed necessary by the Town Engineer to prevent ' erosion,haybales shall be placed. Hay bales shall meet the requirements of M6.04,1 and shall weigh at least 50 pounds each. Hay bales shall be placed in uniform rows and secured to at least two (2) 2" - x 2" x 36" stakes driven into the ground to prevent overturning,floatation,or displacement. Any deposited sediment that collects at the hay bale structures shall be removed periodically as directed by J i the Town Engineer. 1 Lightweight paper netting shall be applied on slopes steeper than 3:1 and on seeded areas shown on the Definitive Plans or as directed by the Town Engineer. The netting shall be secured to the ground ' with I"x 1" x 12" stakes spaced no more than 6 feet apart to prevent it from blowing or washing away. The netting shall be remm,,ed when and as directed by the Towne Enginneer, l; J. Loam or Topsoil: No loam or topsoil shall be removed from the subdivision until all work is completed,and then only with a special permit from the Board of Appeals as required by Section 20-8(g)of the Town Code. Ra s, K. L.xcavations: All excavations within the street layout, and to dwellings shall be barricaded, protected,lighted at proper times,and promptly backfilled as required by the Superintendent of Public { Works and the Chief of Police. Any person not directly employed or under contract with the 1, 4 DEVELOPER,who wishes to excavate within the street layout must first obtain a permit from the j Superintendent of Public Works as required by Section 1.6-4(a)of the Town Code. Right of entry or F an appropriate utility easement must be given before a permit will be issued. Page 4 31 E � i • 1 � L. Permits: Each lot line must be cicarly n arked,and the tot identified by lot and street number,before the Building Inspector will make any inspections. Any sign required to be erected under an Order of Conditions issued by the Conservation Coinrnission shall be maintained in good condition until a Certificate of Compliance is obtained by the DEVELOPER. k M. Protection of Natural Features: All naturai features to be preserved shall be suitably prc4ected by the DEVELOPER during construction. The DEVELOPER shall notify the Tree Warden at Ieast one(1) week prior to clearing of the site. No evergreen tree,shrub or tree over S inches in diameter outside the street layout and building site shall be removed without the consent of the Tree Warden. N. Cleaning U _ Before final inspection,the total area shall be cleared of debris,both natural and materials generated by construction. The particular attention of the DEVELOPER is directed to the requirement that on the day of the final inspection all paved areas must be swept and the drainage 1 s structures cleaned. i O_ Monuments: All monuments shown on the Definitive Plans shall be set,and their installation shall be certified by a registered land surveyor as of the date of final inspection. Monuments marking the street layout shall be granite or precast concrete bounds conforming to Massachusetts Specifications M4.04.8 or M4.06.1,set flush with finish grade. Iron pipe I 1/2 inch diameter, schedule 40 galvanized,3 feet long,may be used at lot comers,except where a granite or precast concrete bound is required for marking the street lines. E P. Street Acce tance: The DEVELOPER shall submit to the Town Engineer for review the final street layout plans and legal description suitable for recording in the Hampden County Registry of Deeds. 4 l % The plans and description shall both meet the standards of the Street Acceptance Committee and the Department of Public Works, and shall be revised if required by the Street Acceptance Committee after an on-site public hearing. After completion of all of the improvements required by this Agreement,the DEVELOPER shall submit to the Town Council a Petition for Street Acceptance; and ' an Affidavit,releasing the TOWN from all damages which the DEVELOPER and his successors or F assigns may incur by reason of acceptance of the street by the TOWN,together with the Street i Acceptance Plans referred to above. i I t3 i3 fill . {� I 1 a, t i ! i 2 � I �1 ! ? i 1 i i � f j ti 1� r a a; Page 5 �1 "7? t ` 3 PERFO1i vIANCE GUARANTEE: The DEVELOPER shall furnish to the Town a Performance Guarantee in I the amount of$165,000 in the form of a proper bond;deposit of money,or negotiable securities;or irrevocable credit secured by the first mortgage to guarantee to the TOWN the faithful performance by the DEVELOPER within two(2)years after the date of this Agreement, or any extension thereof,of all work required herein. The s' DEVELOPER shall also repair,to the satisfactioit of the TOWN,any damage to or failure of any completed ! work which may occur during the term of this Agreement. Any surety accepted by the TOWN under this jAgreement must satisfactorily protect the TOWNS interest,and said determination shall be made by the Town I Treasurer. It is expressly understood and agreed by the parties that any and all security required under the l Performance Guarantee will be applied as damages for the benefit of the TOWN for failure of the DEVELOPER to satisfactorily complete its obligation hereunder; and its is further understood and agreed by + the parties that the TOWN specifically reserves its right to seek any additional damages incurred by the TOWN Fi and not fully protected by the security under the Performance Guarantee. i If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an t S amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to t perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney's fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages,said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses,attorney's fees and legal costs herein i mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended. # 1 t 3 3 i I Page 6 l I� I � .1f t NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER dial] k ' notify the TOWN,by registered snail sent to both the Town Clerk and the Planning Board,that the work is I ready for final inspection with respect to the release of the Performance Guarantee. Release of the + Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. '. IN WITNESS WHEREOF,this instrument is exec u d in four(4) counter a each one of which shall be I deemed an original this the �" day of 2i � I1 ATTEST: DEVELOPER: l it t BANVILLE TOOMEY PROPERTIES LLC By 4V &A, (witn s to evelo Michael Banville Manager y (witness f ev opera, Michael anville, in avi a {witness to eloper - oomey,member d i { fitness to developer) Jcd 'Toomey,an in al }4 n l A E -. ' -� TOWN � 3 TOWN OF AGAWAM,MASSACHUSETTS 91C 3- R)M. EROUX TOWN CLERK PLANNING BOARD } €< i 3 i 3 y yy j } 5 9 � z DATE: t it 1 I ' I APPROVED AS TO F'O' € if TO COUNS { If if c Page 7 3 jx� Al Ai T "w OF AGAW" CONSERV.A77ON COMMSSZON 36 MAIN ST.,AGAWAMv MA 01001 786-0400, ew 245 July 23, 2010 Banville/Toomey LLC 3 Leland Drive . Ludlow, MA 01056 Gentlemen: At its duly called meeting held on July 22,2010, the Agawam Conservation Commission voted to lift one of the Enforcement Orders issued to you for Robin Ridge Estates. The July 23, 2009 Enforcement Order concerning work on lot 2 has been lifted. As you are aware,the Commission is concerned with drainage on this lot and asks that when the grading plan is prepared, a culvert or some other means to transport the water across the driveway is to be shown. If you have any questions,please contact this office at 786-0400, extension 245. Thank you for your cooperation on this matter. Sincerely,C77 Fred Harpin, Acting Chairman AGAWAM CONSERVATION COMMISSION o _ FROSD:prk cc: Tom Lockwood(owner of lot 2) . DEP Eng. D t. `n U> To Jerk, File Lc* LA T cbf n ► J) n `�rd� _2� �1�� Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order 87-0549 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 p, awam October 14, 2010 computer, Use only the tab Conservation Commission(Issuing Authority) Date key to move To.- your cursor- do not use the Daniel Giordano return key. Name of Violator 8 Hillside Drive, Springfield, MA 01118 Address 1. Location of Violation: . same Property Owner(if different) Lot 4 Robin Ridge Street Address Feeding Hills 01030 CityfTown Zip Code Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of ActMty (if more space is required, please attach a separate sheet): Protective silt fence as per the attached approved plan needs to be repaired and where the silt fence down it must reinstalled. 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 beenlis being conducted without a valid Order of Conditions. ® the activity has beenlis being conducted in violation of the Order of Conditions issued to: BanvilleiToomey LLC 8-28-08 Name Dated 87-0549 #17 and #23 File Number Condition number(s) wpaform9a.doc•rev.71141C4 page 1 of 3 Massachusetts department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands L11 WPA Form 9A - Enforcement Order 87-0549 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'andlor wetland resource areas on this property. ❑Y 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 V 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: Silt fence is to be immediately repaired and the where-it is down must be reinstalled as shown on the attached plan. The silt fence is to be inspected and monitored by the property on a monthly basis. Also, all NHESP requirements are to be met. 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. wpaforrn9a,doc•rev.7114JD4 Page 2 of 3 Massachusetts Department of Environmental Protection DeP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order t 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 _. Name 786-0400, ext . 245 Phone Number T 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 schedu led.meeting of the Commission. Signatures: n. 7009 -0080 0001 9525 5298 Signature of delivery person or certified mail number . «oaformga doc•rev 7 04/04 Page 3 of 3 rt. 200` RjVERFROIV r AREA OSED 4-FOOT NIGH FENCE A PROP � REQUiR£0 BY roWN of .acAWAA F. DECISION ON INSTALLA LION TO BE DETERVINED BY COIVSERVA77©N -- COMMISSION. t 1 1 1 t t It o� 1 a � 1 APPROXIMA 7F RUILt tt 1t (TYP) t � a t t BUILDl1 LOT #4 I i � 1 / � 1 PROPOSED PARCt ASSOCIA770AI .� � PARCH 200' RlRf PROPOSED REWIRED DEOSION 0000, DCTE14MIM j' `" - CF�fM1SSlC .000 t 1 r 0 1 � L Q � � n Cn Q 1t m roX � 11 m 0 1 c 1 1 -o 1 to a 1 LOT #4 f r f ©- LlrovMassachusetts Department of Environmental Protection DEP r;, ,, >7,ber: Bureau of Resource Protection - Wetlands y WPA Form 7 -- Extension Permit for Orders of Condition 7-0 �WpjilMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 1D� DEP two A. General Information = 3(A Important: N 3:0 C)� When filling out 1. Applicant: forms on the Banville/Toome LLC CY% r' computer, use Name only the tab key to move 3 Leland Drive your cursor- Mailing Address do not use the Ludlow MA 01056 return key. City/Town State Zip Code 2, Property Owner(if different): .Name remm Mailing Address CityfTown State Zip Code B. Authorization The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: 8-28-08 Issued by: Agawam Date Conservation Commission for work at: Robin Ridge Estates _ Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for: Hampden 17510 227 County Book Page Certificate(if registered land) � � is hereby extended until: Dat Date the order was last extended(if applicable) This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. This Extension Permit must be signed by a majority of the Conservation Commission and a copy sent to the applicant and the appropriate DEP Regional Office (http:l/www.mass.aov/dep/about/re-gion/findyour.htm) Signatures: 7-28-11 Date `7-- C wpaform7 doc•rev.311=1 0 Page 1 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 87-0549 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission, Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions)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, it shall be noted in the Registry's Granter Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach this page and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Agawam Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: Robin Ridge Estates 87-0549 Project Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rev.3/112010 Page 2 of 2 6) L Town of Agawam Oil* 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 June 14, 2011 Banville/Toomey LLC G' 63 Pine Cone Lane Ludlow, MA 01056 �3 Gentlemen: MCA Please be advised that the Performance Agreement for Robin Ridge Estates will expire®& �'cD In August 6, 2011. An up-to-date punch list has been requested from the Engineering -- 7! Department. The Board will be discussing the status of this subdivision at their July 21'�`' meeting at which you are requested to attend. If you do not anticipate completion of the subdivision by August 6th, a written request for an extension must be submitted to the Board. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Travis P. Ward,Chairman AGAWAM PLANNING BOARD TPW/DSD:prk Cc: Bond Safeguard Insurance Company Building Dept., Eng. Dept., Conservation Commission, Town Clerk, File -466 4�' o� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 •i Tel. 413-786-0400 Fax 413-786-9927 v v July 25, 2011 a':x yrn q Mike Banville •• ,�'�n Banville/Toomey LLC o c=y 3 Leland Drive Ludlow, MA 01056 Dear Mr. Banville: At its duly called meeting held on July 21, 2011, the Agawam Planning Board voted to extend the Performance Agreement for Robin Ridge Estates to September 15, 2011. However, the Board requests your attendance at their August 0'meeting to discuss the July 21"punch list from the Agawam Engineering Department. Please provide the Board with a written timeline for completion of the punch list items at that meeting. If you have any questions,please contact this office at 786-0400, extension 245. Sincerely, Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: Town Clerk Eng. Dept. File#8564 t 07/21/2011 15. 13 FAX 4138210631 Z 003./003 TOWN GF AGAWAM 11, Department of Public Works ,t 1000 Suffield Street • Agawam, MA 01001 Tel (413) 821-0600 • Fax (413) 821-0631 Christopher J. Golba —Superintendent MEMORANDUM To: Planning Board CC: File From: Engineering Date, July 21, 2011 Subject- Punch List- Robin Ridge EstatesPer your request we have prepared an up-to-date itemized punch list for Robin Ridge Estates. This list includes but is not limited to: 1. Install remainder of cement concrete sidewalks. All sidewalks are to be certified by a Registered Land Surveyor indicating that they are on Town property. 2, Loam and seed tree belt, 3. Remove fill material from cul-de-sac and complete the landscaping here. 4. Install two trees per lot otherwise provide to Engineering signed letters from individual homeowners that trees not be installed on their lots, 5. Paint fire hydrant highway yellow. 6. Prior to placement of bit. top coat, remove all bit. conc. donuts, adjust castings and gate boxes to grade, and then install cem. conc. rings around all castings and gate boxes in road. 7. Remove and replace any deteriorated bit. conc. basecoat prior to top coat placement (if necessary). 8. Saw cut neat joint in existing road to blend with new pavement. 9. Sweep street, apply tack coat, then pave top coat, The street will require a final sweeping before release of bond. 10. Clean storm drain pipes, catch basins, and d-pond of all built-up sedimentation. 11. All catch basins are to have the filter fabric under their grates removed and the hoods installed. The C,B,'s will need to be vacuum cleaned after final street sweeping. 12. Existing bit, conc. berm will have to be saw cut and removed as required when individual hawse driveway aprons installed. Then blend saw cut ends of berm to apron. 13. Remove, plumb, and reset bounds where needed. 14. Engineering will need a certified letter from a Registered Land Surveyor indicating that all pins and bounds have been set correctly. 15. The detention pond also needs to be certified by a Registered Land Surveyor indicating that it has been built correctly. 16. The detention pond and adjoining easement will require a final mowing. 07/21/2011 15 : 13 FAX 4138210691 IJ004/p05 17. Submit any revised Definitive Plans (if necessary) and Street Acceptance plans (hard copy & digital AutoCAD). 18, lots 1, 4, 5, & 6 have had their C.O.'s released. They do not have their sidewalks and tree belts installed. Lot 2 is presently under development (Lot 3 is riot). 19. Perform a final walk--through prior to bond release. 20. The chain link fence and gates need to be installed around the detention pond. If you have any questions, please do not hesitate to contact our division, Sincerely, . fRa '/ -.'4� — -A& (ilom�— Richard S. Seidnitxer Michelle C, Chase, P.E. Civil Engineer I Town Engineer 9ASU8DmRO9$N RIDG4 ESTATESvEMosm-PUNCH LIST.DOC 144 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 19, 2011 Mike Banville Banville/Toomey LLC 3 Leland Drive Ludlow, MA 01056 Dear Mr. Banville: At its duly called meeting held on August 18, 2011, the Agawam Planning Board voted to extend the Performance Agreement for Robin Ridge Estates to October 6, 2011. However, as discussed with Mr. Toomey last night, the Board requests your attendance at their September 1, 2011 meeting to discuss the July 215f punch Iist from the Agawam Engineering Department and a written timeline for completion of these items must be provided to the Board at that time. Attached, for your use, is the above-mentioned punch list from the Engineering Department as well as the August 18, 2011 memo from Engineering Department. n _• b If you have any questions, please contact this office at 786-0400, extension 245. �3 Sincerely, W coo Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW/DSD:prk cc: Bond Safeguard Insurance Co. Town Cle ly Eng. Dept. File#8564 07/21/2011 15 ; 13 FAX 41382" ^.31 ?003/c05 c TOWN OF AGAWAM lio Department of Public Works 1000 Suffield Street • ,Agawam, MA 0100 . Tel (41.3) 821-0600 - Fax (413) 821-0631 Christopher J. Colba — Superintendent MEMORANDUM To: Planning Board CC: File From: Engineering Data: July 21, 2011 Su sect; Punch List- Robin Ridge Estates Per your request we have prepared an up-to-data itemized punch list for Robin Ridge Estates. This fist includes but is not limited to: I. Install remainder of cement concrete sidewalks. All sidewalks are to be certfed by a Registered Land Surveyor indicating that they are on Town property. 2. Loam and seed tree belt, 3. Remove fill material from cul-de-sac and complete the landscaping here. 4. Install two trees per lot otherwise provide to 1=nglneedng signed letters from individual homeowners that trees not be installed on their lots, 5. Paint fire hydrant highway yellow. 6. Prior to placement of bit_ top coat, remove all bit, conc, donuts, adjust castings and gate boxes to grade, and then install cem. cone. rings around all castings and gate boxes in road. 7. Remove and replace any deteriorated bit, conc. basecoat prior to top coat placement (if necessary). 8. Saw cut neat joint in existing road to blend with new pavement. 9. Sweep street, apply tack coat, then pave top coat, The street will require a final sweeping before release of bond. 10. Clean storm drain pipes, catch basins, and d-pond of all built-up sedimentation. 11. All catch basins are to have the filter fabric under their grates removed and the hoods installed. The C.B,'s will need to be vacuum cleaned after final street sweeping. 12. Existing bit, conc, berm will have to be saw cut and removed as required when individual house driveway aprons installed. Then blend saw cut ends of berm to apron. 13. Remove, plumb, and reset bounds where needed. 14. Engineering will need a certified fetter from a Registered Land Surveyor indicating that all pins and bounds have been set correctly, 15. The detention pond also needs to be certified by a Registered Land Surveyor indicating that it has been built correctly. 16. The detention pond and adjoining easement will require a final mowing_ 01121/2D11 15: 13 FAX 4138` ,31 �004/005 17. Submit any revised Definitive Plans (if necessary) and Street Acceptance plans (hard copy & digital AutoCAD). 18, Lots 1, 4, 5, & 6 have had their C.O,'s released. They do not have their sidewalks and tree belts installed. Lot 2 is presently under development (Lot 3 is not), 19. Perform a final walls-through prior to bond release. 20. The chain link fence and gates need to be installed around the detention pond. If you have any questions, please do not hesitate to contact our division. Sincerely, Richard S. Seidnitrer Michelle C, Ghase, P.E. Civil Engineer I Town Engineer TASOOMR0SIN RIOGE E5TATEWEMOS109 PUNCH I.1,57-00C 09/18/2011 16: 03 FAX 4138210631 @ 001/005 TOWN of AGA' WAM INTEROFFICE w , MEMORANDUM To: Plarming Sward CC: File From: Engineering Date: August 18, 2011 Subject: Dond Amount-Remaining Work- Robin Ridge Estates Subdivision On June 15,2009,vce had calculated a new bond amount (attached) for the Robin Ridge Estates Subdivision to be $165,000(owe hundred attd sixty five thousand doBats). Since that date some bim minus curbing and cememt concrete sidewalk lave been installed_ However, these are.additional eomcems that will azed to be addressed which include but are not limited to: 1, Recently discovered discrepaueies in horizontal and vertical controls by the developer's engineer for this project tva,y impact hnal as-built construction. As a result, revised as-built plans, easement taking,etc,may be required_ 2. Since the referenced bond wuouar was calculated, soil erosion has impacted the drainage system at the subject site.This condition will have to be tetnedied before release of bond. I Any caristixsg or future damage to installed itetras subsequent to the bond being calculated will have to be tepatred pdor to fmsd approval of Robin Ridge Estates, 4. A large pile of till is located in the cul-de-sac and will need to be removed. Based on these credits and concerns, the referenced bond amount should still be sufficient to complete all essezatial items which retrain at the subject subdivision- If you have any questions,please do not hesitate to contact out division. Sincerely, Richard S.teidnitzer Michelle C. Chase, P.E. Civil Engineer I 'Town Engineer x\9ubdi-v\zobiu ridge camrvi\bond\11,boud updata,doc 08/16/2011 1B;04 FAX 4133210931 Z 002/005 ITEM )('ISM UNTr �UANT. UNIT jrM&E I COST 120 EARTH EXC CY 1 204 S 9,90 S 2,020 150 ORDINALRY BORROW CY 158 S 8.00 j $ 1,254 170.1 :PINE GRD AND COMP-SUB &FINISH SY 1 1222 S 1.86 S 2 273 170.3 GRD do FINISH OTHER-NON ROAD I SY i 2222 S 0.89 $ 1,978 187.3 �RFMOVEIDISPOSE BERMODRi'VEWAY ; EA 0 S 200-00' S - 226 CLEANING DRAINAGE STRUCTURE_ EA 3 $ 300.00 $ 900 376 'RAISE AND PAINT`HYDRANT PA _ 1 $ 150,00 $ 150 402 .DENSE GRADED CRUSHED STONE CY 50 S 14.65 S 733 506.1 :VERT. GRAN. CURB $ - CURVED LF 42 S 30.00 $ 1,260 57D.2 -iBBrT CURB_ _ 1_,P 1000 S 6.00 $ 6,000 697 rSMT PENCF, _ LS 1 S 6 000.00 $ 6 000 698.2 iGEOTEXTILE ErcMion control ti SY 50 S 3.49 S 175 701 iCONCRETE SIDEWALK SYE667 S. 23.29S IS 534 701.1 CONCRETE SWBWALK® 5 DRIVE SY89 S 25.11 S 2,235 752 ,_jTOPSOIL REHANDLE I CY 177i S ' 17.00 S 3,009 765 ,SEEDING r Sy 2057 0.99 $ 2,036 775, 06 TILEES ,.�....� EA 6 S 500.00 1 S 3 000 866.06 112° 1tEYL.,EC WHITE LINE(THERMO) LS 1 $ 1,000.00 $ Lom 874 !STREET NAME& STOP SIGNS !_ EA i 2' S 97,74 ' $ 195 901.3 JMP 1ZAP i TON 30 S 25.00 3 750 999.1 tSTREE-r CLEAN LS 2 $ 500.00 $ 1,000 'STREPT LIGHT -' EAJ 1 S 4,000,00_r$ 4,000 REMOVAL OF SUBDWYMON SIGN�� ,VACANT LOTS REMAINING 9 T"M Or'MAL RELEASE S5,511.23 £�NGTNEERING 8c CONTINGENCY- 10 96 $ 5,555 12 �BSTIMATM CONSTRUCTION COST' TOTAL : S 61,062.35 9NR INDEX CHAIWk-1010342IN TOTAL X 1.266 S 77 304.94 I 10' GATE 1✓A I I S 500.00 S 500 644.148 :4' FENCE @ AETENTION POND -7 ILF -r 480 S 25.00 i 5 .12,000 484 'SACK COAT GAL I95 S 4,50 15 978 460 1Brr CONC_ TOP COURSE T TON 152 $ ' 100.00 S 15,200 460.1 !BIT CONC_ ENSE BINDER TON 0 S 100,00 S - 710.3 'VERTICAL CONTROL is 1 $ 3.500.00 S 3,500 710.4 ;ROADWAY BOUNDS EA, 8f 5 169.88 S 1 359 710.5 PINS SET 35 S 119.88 , $ 4,196 710,6 STREET, r-cBpTANcpjRBV.pcf.pLAriIS Ls Z S 10 000.00 $ 10 000 983,1 MOBILIZATION Ls 1 1 $ 30,000.00 , $ 30 0W 999.4 ADMINISTRATIVE&LEGAL COST LS 1 S 10,000.00 1 S 10,000 - TOIFAL ; $ 164,937.23 COSTM FT STREET 1263.16 SAS' � Pdy- . Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 ON - Tel. 413-786-0400 Fax 413-786-9927 September 6, 201 l Banville/Toomey LLC 3 Leland Drive Ludlow, MA 01056 Dear Mr, Banville and Mr. Toomey: At its meeting held on September 1, 2011, the Agawam Planning Board discussed the status of the Robin Ridge Estates subdivision. The Board is concerned over the lack of progress and continuing problems at this site such as erosion and deterioration of the road surface. Also, abutters have contacted the Board regarding their inability to adequately access their properties. In a unanimous vote,the members are requiring the following of you: -- your attendance at the September 15, 2011 meeting is required; -- a detailed work schedule addressing each item on the Engineering Department's September 1 It (attached)punch list is to be submitted at that meeting. The activity schedule you recently submitted is not adequate. -- substantial progress on the punch list is to be made by that meeting, and _ A -- the needed repairs to 135, 140 and 145(?) Robin Ridge Drive are to be made Cn �F immediately; 0 An Please be advised that lack of progress on these matters will force the Board to initiate le w 3 proceedings to secure the bond. If you have any questions,please contact this office at 70400 -, extension 283. X3 mn c 8 V Sincerely, r Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Bond Safegard Insurance Co., Eng. Dept., Town Clerk, File certified mail rrr#7009 0080 0001 9525 5595 09/01/2011 14 : 47 FAX 4138210631 [a002/003 TOWN GF AGAWAM 14, " 4 .Department of`.Publ'ic Works 1000 Suffield Street • Agawam, MA 01001 Tel (413) 821-0600 - Fax (413) 821-0631 Christopher J. Golba — Superintendent MEMORANDUM To: Planning Board CC. File From; Engineering Date: September 1, 2011 Sub'ect: Punch List-- Robin Ridge Estates Per your request we have prepared an up-to-date itemized punch list for Robin Ridge Estates. This list includes but is not limited to: 1. Install remainder of cement concrete sidewalks. All sidewalks are to be certified by a Registered Land Surveyor indicating that they are on Town property. 2. Loam and seed tree belt. 3_ Remove fill material from cul-de-sac and complete the landscaping here_ 4. Install two trees per lot otherwise provide to Engineering signed letters from individual homeowners that trees not be installed on their lots. 5. Paint fire hydrant highway yellow. 6. Prior to placement of bit, top coat, remove all bit. conr_ donuts, adjust castings and gate boxes to grade, and then install cem. cone. rings around all castings and gate boxes in road. 7. Remove and replace any deteriorated bit, conc, basecoat prior to top coat placement (if necessary). 8. Saw cut neat joint in existing road to blend with new pavement. 9. ' Sweep street, apply tack coat, then pave top coat. The street will require a final sweeping before release of bond. 10. Clean storm drain pipes, catch basins, and d-pond of all built-up sedimentation. 11. All catch basins are to have the filter fabric under their grates removed and the hoods installed. The C_g_'s will need to be vacuum cleaned after final street sweeping. 12. Existing bit. conc. berm will have to be saw cut and removed as required when individual house driveway aprons installed. Then blend saw cut ends of berm to apron. 13. Remove, plumb, and reset bounds where needed. 14. Engineering will need a certified letter from a Registered Land Surveyor indicating that all pins and bounds Have been set correctly. 15, The detention pond also needs to be certified by a Registered Land Surveyor indicating that it has been built correctly. 16. The detention pond and adjoining easement will require a final morning_ • 08/01/2011 14 .47 FAX 4138210631 fA 003/003 17. Submit any revised Definitive Plans (if necessary) and Street Acceptance plans (hard copy & digital ActoCAD). 18, Lots 1, 4, 5, & 6 have had their C,O-'s released. They do not have their sidewalks and tree belts installed. Lot 2 is presently under development (Lot 3 is not), 19. Perform a final walk-through prior to bond release. 20. The chain link fence and gates need to be installed around the detention pond. 21. The tree belt areas in front of and around #135 and #140 Robin Ridge Drive need to be cleaned up, properly graded, loamed and seeded. If you have any questions, please do not hesitate to contact our division. Sincerely, r44,/'Lez/f Michelle C. Chase, P.E. Town Engineer S,ISUSDMRODIN RIDGE 5STA ESWIEMOS110 PUNCH LIS7.00C Town of Agawam 1rj •N 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 3, 2011 Kim Marsilio M.<: Surety Claims Adjuster Lexon Surety Group C n 256 Jackson Meadows Drive Hermitage, TN 37076 RE: Principal: Banville Toomey Properties, LLC (Michael Banville) Obligee: Town of Agawam Bond No.: 5047111 Project: Robin Ridge Estates CIaimant: Town of Agawam Dear Ms. Marsilio: The Town of Agawam is in receipt of your letter requesting additional information concerning the claim against the subdivision bond for Robin Ridge Estates, Banville Toomey Properties, LLC. Responses to your requests are listed in the sequence found in your letter dated October 21, 2011. L A copy of the Performance Agreement between Banville .Toomey Properties, LLC and the Town of Agawam—Attachment#1 2. A copy of the letter from the Agawam Planning Board to Banville Toomey Properties LLC informing them that they were in default of the Performance Agreement—Attachment#2 3. A copy of the approved Subdivision Plan—Attachment#3 4. A copy of the recorded plat plan for Robin Ridge Estates— Agawam requires that the full set of the subdivision plans be recorded at the Hampden County Registry s r of Deeds. Therefore, the plans found in Attachment 93 would be recorded. You can obtain a copy from the Registry. 5. A copy of the latest as-built plans — Attachment #4 contains proposed individual lot grading plans submitted to date and one as built plan. The final Street Acceptance Plan was the builder's responsibility and one of the items not submitted to the Town. 6. A copy of the original engineer's estimate establishing the original penal sum of the bond—Attachment#5 7. A copy of the engineer's estimate for the remaining work to be completed — Attachment#6 8. A copy of the Agawam Subdivision Rules and Regulations—Attachment#7 9. Contact information— Town Engineer- Michelle Chase 1000 Suffield Street Agawam, MA 01001 413-821-0600 mchase(aiagawam.ma.us Director of Planning and Community Development— Deborah S. Dachos 36 Main Street Agawam, MA 01001 413-786-0400, extension 283 planni ggaaawam.ma.us Design Engineer— R Levesque Associates, Inc. 75 Broad Street, Suite C P.O. Box 640 Westfield, MA 01085 413-568-0985 off cegrlevesgueassociates.com 10. Access to the development to inspect the incomplete improvements —The project is located at the end of Robin Ridge Drive. The Town will cooperate with regard to access of the development and will grant access in accordance with any agreement with Banville Toomey Properties, LLC ( Michael Banville) or pursuant to Massachusetts General Law, Chapter 41, Section 81B and the Agawam Town Code. 11. Communications the representatives and agents of the Town regarding the required improvements for the Development—Attachment#2 12. Communications between Banville and its representatives and the Town and its representatives regarding identification of the incomplete improvements in the subdivision—Attachment 92 13. Change in ownership of the property or pending foreclosure action — All of the building lots have been sold. Property cards for these transactions are found in Attachment #9. We have no knowledge of any foreclosure action. 14. is the Town holding or in possession of any Escrow funds or any other type of funds for this project— The Town of Agawam is holding no other funds for this proj ect. Please be advised that there are three lots adjacent to the subdivision where the treebelts and driveways were disturbed while Banville Toomey was constructing the new road. The individuals residing in the houses on these lots have had difficulty accessing their properties during the three years this project has been under construction. Since we are already plowing snow here in Agawam and the condition of these residents properties make it very difficult to plow,the Town may have to pour the driveway aprons before the asphalt plants close. Please inform me whether your company has any problems with the Town initiating these corrective measures. If you have any questions concerning the attached information or require addition documentation,please do not hesitate to contact me. Sincerely, Deborah S. Dachos, Director Office of Planning and Community Development cc: Solicitor Treasurer File TOWN OF AGAWAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAA AM 01001 786-0400, ext. 243 May 26, 2011 c Mass. Department of Conservation& Recreation C)X 251 Causeway Street --- �, Boston, MA 02114 -0 3 = 3ua To Whom It May Concern. w „-,nn At its duly called meeting held on May 12, 2011, the Agawam Conservation Commission r" voted to.lift the two Enforcement Orders issued for Robinson Park in Agawam. The Enforcement Orders are dated August 30, 2010 and October 28, 2010. Thank you for your cooperation on these matters. If you have any questions or concerns, please do not hesitate to contact this office at 413 786-0400, extension 245. Sincerely, Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town Cle#1 File TOWN OFAGAWAM CONSERVA77ON COMM'MSSION 36 MAIN ST.,AGAWAM, MA 0100I 786.0400, ext. 245 April 13, 2012 Jeffrey Martin, PMP © � Manager, Permitting & Compliance NEEWS Program WMECO 107 Selden Street Berlin, CT 06037 ,_; RE: #87-0568 —Greater Springfield Reliability Project Order of Conditions Z 7 f7 Dear Mr. Martin: r'' . At its duly called meeting held on April 12, 2012, the Agawam Conservation Commission acknowledged your project plan modification resulting in decrease in construction in wetland buffer zone as outlined in your April 3, 2012 correspondence . regarding Robinson Park. Thank you for informing the Commission of this plan change. If you have any questions, please contact this office at(413) 786-0400, extension 8245. Sincerely, Henry A. zloski, Chairperson AGAWAM CONSERVATION COMMISSION Cc: Burns & McDonnell NHESP DEP Town Clerk File 87-0568 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands WPA Emergency certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. Emergency Information Important: Agawam Conservation Commission When filling out Issuance From: issuing Authority T T forms on the Robinson State. Park, North Street computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the Trees damaged during October snowstorm. return key. 3. Applicant to perform work: 4. Public agency to perform work or public agency ordering the work to be performed: Department of Conservation and Recreation 5. Date of Site Visit: Start Date: End Date': 2-14-12 2-15-12 March15, 2012 "no Eater than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oil/hazardous material release. 6. Work to be allowed`: Remove fallen trees and branches from Park roadways and in the area of the Park's powerlines as there is currently no emergency vehicle access or electrical power/communications into the Park. P%a > cm L=, "May not include work beyond that necessary to abate the emergency. cn B. Signatures Certified to be an Emergency by this issuing Authority. rn Signatures: February 14,2012 Chairman(or d ignee) Date A copy of this form must be provided to the appropriate DEP Regional Office. wPA Emergency Certification Page 1 of 2 Rev.0113110 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions I. 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 Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification►does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. 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 Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. fi. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without written approval of the Department. D. Special Conditions Notify Conservation Commission when this work has been completed so that a follow-up inspection can be made. E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency Certifiolion Page 2 of 2 Rev.0113110 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 key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the New England Wild Flower Society ' Commonwealth of Massachusetts return key. Name Name 180 Hemenway Road _ 10 Park Plaza a° Mailing Address Mailing Address Framin ham MA 01701 Boston Uty/Town state Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Topographic Map"Westfield River Micro_stee ium Site" _ August, 24_06 Title Date Title Date Title Date 2. Date Request Filed: June 11, 2012 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): ' LO Hand pulling the invasive plant Japanese Stilt Grass from banks of the Westfield River at northeast c� corner of Robinson Park. Kx M -; r. y nl C� Project Location: Robinson Park_ Agawam Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number wpaform2.doe•rev.12J15f00 Page 1 of 5 a 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.) The following Determination(s) is/are applicable to the proposed site andlor 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(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 documents)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 after 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 wpeform2.doc•rev.1211 SM Page 2 of 5 ILIMassachusetts 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 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). ❑ 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. wpafmildoe•mv.12(1 SW Pape 3 cif 5 J 4 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.) ❑ 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 June 2ZJ 2012 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). ❑ESigrratures: P _ r.q' e� K-114 June 2 , 2012 Date wpaform2.doc•rev.12115100 Page 4 of 5 n �p 4!t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-0562 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer, use Mass. Department of Conservation and Recreation only the tab key Name to move your 251 Causeway Street cursor-do not i use the return Mailing Address key- Boston MA 02114 City/Town _ State Zip Code VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Jim Straub, Mass. DCR _ revs Name 5-14-09 87-0562 Dated DEP File Number 3, The project site is located at: Robinson Park, North Street Feeding Hills Street Address Citylrown E13 1/36 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden 17828 550 County i Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: week of May 16, 2011 Date wpairm8b.doe•rev.12f23109 WPA Form BB,certificate of Compliance-Page 1 of 3 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance 87-0562 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification Check all that apply: 93 Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers- C. Authorization Issued by: AAgwwant 5—2 5--11 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See http://www.mass.gov/dep/about/region/findyour.htm). Signatures: wpafrmft doc•rev 1212wq WPq Form 8B,Certificate of Compliance-Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 1 s7-o562 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:--------------------------- ------------------------------------------------------------------------ Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: Robinson Park Pond 87-0562 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Haden County for: Property owner and has been noted in the chain of title of the affected property on: Date J Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.dec•rev.12MI09 WPA Form.8B,Cerlificate of Compliance-Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Emergency Information Important: Agawam Conservation Commission When filling out Issuance From: Issuing Authority forms on the Town of Agawam —Robinson computer, use 1. Site Location: Park only the tab key to move 2 Reason for Emergency: your cursor- do not use the "June 1, 2011 Tornado in the Town of Agawam, including Robinson Park, resulting in broad impacts to returnkey. resource areas by storm debris as evidence by Declarations of Emergency by the Commonwealth of ur— .dlLA, I I 3. Applicant to perform work: Massachusetts Department of Conservation and Recreation (directly • and/or through its agents) 4. Public agency to perform work or public agency ordering the work to be performed: Massachusetts Department of Conservation and Recreation 5. Date of Site Visit: Start Date: End Date': June 2, 2011 and Effective as of June 2, July 1, 2011 unless extended by DEP ongoing dates 2011 `no later than 30 days from start date or 60 days in the case of an Immediate Response Action approved by DEP to address an oiNhazardous material release. 6. Work to be allowed": Securing and removing of debris located in various resource areas protected under the Wetlands Protection Act located within the Robinson Park in the Town of Agawam, as well as within buffer zones to those resource areas where such activities may affect resource areas re ulated under the Wetlands Protection Act. *May not include work beyond that necessary to abate the emergency. n B. Signatures nn Ze c�3 Certified to be an Emergency by this Issuing Authority. CO nm Signatures: o —.4v Date A copy of this form has been provided to the local Conservation Commission. VJPA Emergency Certification Page 1 of 2 Rev.I1101 Massachusetts Department of Environmental Protection r Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 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 Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require the filing of a Notice of Intent. 5. 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 Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation. 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without extension by the Issuing Authority, D. Special Conditions �...- _- SEE ATTACHED E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency CarbficaLon page 2 of 2 Rev.11101 . r WPA Emergency Certification Form-Attachment Town of Agawam, June 1, 2011 Storm Damage Issued to Massachusetts Department of Conservation and Recreation A.6. Work to be Allowed The immediate retrieval and removal of storm debris from resource areas including but not Iimited to trees and other"green debris" as well as construction debris and other solid waste deposited in and near resource areas protected under the Wetlands Protection Act within Robinson Park in the Town of Agawam, as a result of the June 1, 2011 storms in the Town of Agawam. This broad certification is necessitated by the breadth of impacts resulting from the June 1, 2011 storms and the immediate need to begin debris removal and management to prevent further and potentially permanent impacts to resource areas as well as potential health and safety risks. This certification authorizes work undertaken beginning June 2, 2011 and through July 1, 2011, unless extended for an additional period of time. D. Special Conditions 1. This authorization authorizes work regulated by the Wetlands Protection Act and does not serve as approval for the work that may be necessary under any state,federal, or local statute, regulation or other law regulating the work. All work should be conducted in compliance with the requirements of such other authority. 2. The Massachusetts Department of Conservation and Recreation shall exercise reasonable care in undertaking work under this EC, to protect the resource areas regulated by the Wetlands Protection Act and to protect Water Quality. Reasonable care means conducting work in the least environmentally damaging manner given the work required and the unique circumstances facing the Massachusetts Department of Conservation and Recreation. 3. The Massachusetts Department of Conservation and Recreation shall track the areas in which work is conducted and, within a reasonable time following completion of work in any specific resource area, notify the Department in writing of the area in which work was conducted, the work conducted and any impacts to resource areas observed as a result of that work. 4. Upon the earlier of June 30, 2011 or completion of all emergency work under this Certification, the City shall notify the Department regarding the status of abatement of emergency work. If work is not completed, the Massachusetts Department of Conservation and Recreation shall not perform additional work until an extension of this Certification is requested and received. Y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131,§40 A. Emergency information Important: Agawam When filling out Issuance From. Issuing Authority forms on the Robinson Park computer, use 1. Site Location: only the tab key to move 2 Reason for Emergency: your cursor- do not use the June 1, 2011 tornado in the Town of Agawam, including Robinson Park, resulting in broad impacts to return key. resource areas by storm debris as evidenced by Declarations of Emergency by the commonwealth . � 3. Applicant to perform work: - — --- 4. Public agency to perform work or public agency ordering the work to be performed: " Massachusetts Department of Conservation and Recreation 5. Date of Site Visit: Start Date: End Date*: 7-18-11 7-18-11 August 17, 2011 _ *no later than 30 days from start date or 60 days in the case of an immediate Response Action approved by CEP to address an Whazardous material release. 6. Work to be allowed*: Securing and removing of debris located in various resource areas protecrted under the Wetlands Protection Act located within the Robinson Park, as well as within buffer zones to those reso�;ce areas where such activities may affect resource areas regulated under the Act. May not include work beyond that necessary to abate the emergency. - o Q � B. Signatures Certified to be an Emergency by this Issuing Authority. Signatures: July 18, 2011 Chairman�esign e� V Date A copy of this form must be provided to the appropriate DEP Regional Office. WPA Emergency Certification page 1 of 2 Rev.11fo1 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Emergency Certification Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions 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 Emergency Certification or subject to enforcement action. 2. This Emergency Certification does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. 3. This Emergency Certification does not relieve the applicant or any other person of the necessity of. complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. Any work conducted beyond that described above, and any work conducted beyond that necessary to abate the emergency, shall require-the filing of a Notice of Intent. 5. 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 Emergency Certification at reasonable hours to evaluate compliance with this Certification, and may require the submittal of any data deemed necessary by the Conservation Commission or the Department for that evaluation, 6. This Emergency Certification shall apply to any contractor or any other person performing work authorized under this Certification. 7. No work may be authorized beyond 30 days from the date of this certification without extension by the Issuing Authority. D. Special Conditions SEE ATTACHED E. Appeals The Department may, on its own motion or at the request of any person, review: an emergency certification issued by a conservation commission and any work permitted thereunder; a denial by a conservation commission of a request for emergency certification; or the failure by a conservation commission to act within 24 hours of a request for emergency certification. Such review shall not operate to stay the work permitted by the emergency certification unless the Department specifically so orders. The Department's review shall be conducted within seven days of: issuance by a conservation commission of the emergency certification; denial by a conservation commission of the emergency certification; or failure by a conservation commission to act within 24 hours of a request for emergency certification. If certification was improperly granted, or the work allowed thereunder is excessive or not required to protect the health and safety of citizens of the Commonwealth, the Department may revoke the emergency certification, condition the work permitted thereunder, or take such other action as it deems appropriate. WPA Emergency CerdFicaton Paqe 2 of 2 Rev.II D1 WPA Emergency Certification Form-Attachment Town of Agawam,June 1,2011 Storm Damage Issued to Massachusetts Department of Conservation and Recreation A.+6. Work to be Allowed The immediate retrieval and removal of storm debris from resource areas including but not limited to trees and other"green debris" as well as construction debris and other solid waste deposited in and near resource areas protected under the Wetlands Protection Act within Robinson Park in the Town of Agawam, as a result of the June 1, 2011 storms in the Town of Agawam. This broad certification is necessitated by the breadth of impacts resulting from the June 1, 2011 storms and the immediate need to begin debris removal and management to prevent further and potentially permanent impacts to resource areas as well as potential health and safety risks. D. Special Conditions 1. This authorization authorizes work regulated by the Wetlands Protection Act and does not serve as approval for the work that may be necessary under any state, federal, or local statute, regulation or other law regulating the work. All work should be conducted in compliance with the requirements of such other authority. 2. The Massachusetts Department of Conservation and Recreation shall exercise reasonable care in undertaking work under this EC, to protect the resource areas regulated by the Wetlands Protection Act and to protect Water Quality. Reasonable care means conducting work in the least environmentally damaging manner given the work required and the unique circumstances facing the Massachusetts Department of Conservation and Recreation. 3. The Massachusetts Department of Conservation and Recreation shall track the areas in which work is conducted and, within a reasonable time following completion of work in any specific resource area, notify the Department in writing of the area in which work was conducted, the work conducted and any impacts to resource areas observed as a result of that work. 4. Upon completion of all emergency work under this Certification, the City shall notify the Department regarding the status of abatement of emergency work. If work is not completed,the Massachusetts Department of Conservation and Recreation shall not perform additional work until an extension of this Certification is requested and received. • �-}N-�jor�[I� � 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 A. General Information Important: When filling out From: forms on the A awam computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Albert Stegemann, P.E., District Highway Director same return key. Name _ Name Mass, DOT, 811 North King Street Mailing Address Mailing Address Northampton _MA 01060 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: M yy Exhibit 1 - USGS Locus Map _ 12J 011 Title Dated Exhibit 2-Environmental Features Map 12J20 Title Date Exhibit 3-Spray Sketches; Exhibit 4-Wetland location plans and % Title mm Dates 2. Date Request Filed: N '� February 7, 2012 rn 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): Herbicide application along Route 57. Project Location: Route 57 Agawam Street Address Cityrrown Assessors MaplPlat Number ParoellLot Number wpafwm2.doc-rev.12 I51W 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. G. 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 (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. bordering vegetated wetland; perennial stream ❑ 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. ❑ b. 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.12/15100 Page 2 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.) ❑ 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 March 9, 2012 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 property owner(if different from the applicant). COSignatures: March 8, 2012 Date wpeform2.doc•rev.92l15= Page 4 of 5 4C'ijard A G A W A M P L A N N I N G B O A R D .36 Main Street �D� ,,� Agawam, Massachusetts 01001 Tel . 413--7B6--0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to -Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING HOARD AND ONE COPY WITH THE TOWN CLERK .IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Date- August_ 22, 2012 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 . I . NAME OF APPLICANT Richard Seidell Address 469 Birnie Avenue - West Springfield, MA _ 01089 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield, MA 01085 r� fta 3. DEED OF PROPERTY RECORDED IN Hampden Count PM Book 19396 Page 400 ry Y_ 4. LOCATION OF PROPERTY: 108 Rowley Street. to L? 7� W f� 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: The property has 329.15' of frontage and 53,312 S.F. of area in a Residence B zone. The proposal is to create 3 legal building lots - 1 with the existing house. ATTACHMENTS - TWO ❑RIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: I ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Owner LS4�10—�44 dQ Address 469 Birnie Avenue-- West Springfield, MA 01089 «hwa ADD Z Town of Agawam '� 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786-9927 September 6, 2012 Richard Seidell 469 Birnie Avenue West Springfield, MA 01089 Dear Mr. Seidell: At its duly called meeting held on September 6,2012,the Agawam Planning Board votedte -_ approve your plans under "Subdivision Control Law Not Required" for a parcel of land toig ed y on Rowley Street. Plans drawn by D.L. Bean, Inc. and dated 8-22-2012. y o Sincerely, 3 «tr N ``C AG G BOARD cy - Y Please be advised thatfailure 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 PIease be advised that the Form A plan that was filed by Seidell and approved by the Agawam Planning Board for a parcel of land located on Rowley Street has been recorded at the Hampden County Registry of Deeds. Book ,Page Signature of Applicant,