Planning Board ZBA 6DOrd / -2,9,q
l
Fda-rVI)
Town of Agawam
1�f
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
May 7, 2012
Brian Morrissey
Citizens Energy Corp.
88 Black Falcon Avenue
Center Lobby, Suite 342
Boston, MA 02210
Dear Mr. Morrissey:
At its duly called meeting held on May 3, 2012, the Agawam Planning Board voted to
approve the plan entitled"Solar Photovoltaic Facility, 912 Shoemaker Lane, Agawam,
MA",prepared by GZA GeoEnvironmental, Inc. and dated July, 2011, Revised April 6,
2012..
If you have any questions, please contact this office at 786-0400, extension 8738.
Sincerely,
Travis P. Ward, Chairman
N
AGAWAM PLANNING BOARD 3 J
TPW: rk '
Cc: Building Inspector _ `='cap
Eng. Dept.
Town Clemcn
File
17
i SakMl Sd
Town of Agawam
ref
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
L
June 30, 2011
P = c-
ow �
David Cecchi, Chairman
Agawam Historical Commission ` ' b �
29 Albert Street ��,,'
Agawam, MA 01001 .CD
c
Dear Mr. Cecchi: 14
Attached please find a Demolition Permit Application for 21 South Street. The property is listed
in the Agawam Historical Inventory(previous address of South Street) so therefore receives a
Positive Determination under Agawamm's Demolition Delay Ordinance. Please schedule your
public hearing as soon as possible and notify this office of the time and date.
If you have any questions or desire more information please contact this office at 786-0400, ext.
283.
Sincerely,
Deborah S. Dachos, Director
OFFICE OF PLANNING & COMMUNITY DEVELOPMENT
DSD:prk
��/
cc: Cl
Building Insp.
File
f AREA FORM NO.
FORM B - BUILDING C 97 I
"fASSACHUSETTS HISTORICAL COMMISSION
_'94 WASHINGTON STREET, BOSTON, MA 02108
.1. ,. own A awam
ddress 4 South St.
_ i -iistoric Name
r. se: Present Besidence
Original Residence ?
DESCRIPTION:
Date c. 1920
Source Style
SKETCH MAP -- -
Show property' s location in relation Style Colonial Revival
to nearest cross streets and/or
geographical features. Indicate Architect
all buildings between inventoried
property and nearest intersection. Exterior wall fabric Brick
Indicate north.
Outbuildings
44
-- Major alterations (with dates)
v
Moved Date
. a
Approx. acreage
Recorded by Setting _
Organization gawg m OXf i ce of Comm.,
Date April 1985 Devel.
(Staple additional sheets here)
. y
e w
•
ARCHITECTURAL SIGNIFICANCE (Describe iTortant architectural features and
evaluate in terms of other buildings within the commmity.)
Symmetrical structure with slate hip roof ( partially recovered
in asphalt) .
HISTORICAL SIGNIFICANCE (Explain the role owners played in local or state
history and how the building relates to the development of the community.)
H. Worthington had a farmhouse on this site and an ice house
on the north side of South St. in the late 19th century.
The date and original use of the present building are unknown.
BIBLIOGRAPHY and/or REFERENCES (name of publication, author, date and publisher)
r Beers , Atlas of _Hampden County, 1870
Richards & Company, Atlas of Hampden Co� unty, 1894
f
ti
10NI - 7/82
p�
fV �C7
•r �
0
L1Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
1 WPA Form 5 - Order of Conditions 1dMassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Ac�awarn
Citylrown
A. General Information
Important: Agawam _
When tilling 1. From: Conservation Commission J
out forms
on the z. This issuance is for computer, (Check One): a ®Order of Conditions b. Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do Susan and Thomas Herzog
not use the a, First Name V b. Last Name
return key.
c_Organization —
21 South Street
d.Mailing Address
Arc swam _ _ MA 01001
e.City/Town f.State g.Zip Code
a. Property Owner(if different from applicant):
a. First Name b.Last Dame
C. Organization
d.Mailing Address
e. Cityrrown f. State g.Zip Code
5. Project Location:
21 South Street Agawam
a.Street Address b. City/Town
K3 115
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: d�. m s d m s
d. Latitude e. Longitude
wpaf0,rm5.,1m- mv.1212ZM Page 1 of 12
LlMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
VWPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Cityrrown
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Hampden
a.County f b.Certificate Number(if registered land)
17707 297
c. Book d.Page
May 24, 2011 July 14, 2011 Jul 14, 2011
7. Dates: a.Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Proposed Site Plan, 21 South Street, Agawam, MA, owned by Susan L. Herzog &Thomas
E. Herzog III
Paul Smith Paul S. Smith
b. Prepared By c.Signed and Stamped by
May 19, 2011 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 c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. f. ® Protection of
pp y ❑ Fisheries 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.doc• rev-12P2 M Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
L1Bureau of Resource Protection - Wetlands 87-577
1 WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
C4/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
until 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 Act's 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 CMR 10.05(5)(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
6. ❑ Land Under __
Waterbodies and a.square feet b.square feet c,square feet d.square feet
Waterways
e,cly dredged f.c!y 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 fleet 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
wpafarm5.doc• rev-12123109 Page 3 of 12
f .
Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection -Wetlands 87-577
ll� WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactien#
Agawam
Cityrrown
B. Findings (cant.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4,280 4,280 _
9. ® Riverfrant Area a.total sq.feet b tot. al sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100- 4,280 4,280
200 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.cry dredged d.c!y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches - cu yd cu yd
b a.square feet .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. C] Rocky Intertidal _
Shores a.square feet b.square feet
17. ❑ Sait 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.dy dredged d.c/y 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,c/y dredged b.Gy dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpaform5.doc• rev.12123109 Page 4 of 12
f
Massachusetts Department of Environmental Protection Provided by MassDEP:
L1Bureau of Resource Protection - Wetlands 87-577
1 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 (cunt.)
22. ❑ Restorati o NEn han cement:
a.square feet of BVVV b.square feet of salt marsh
23. ❑ Stream Crossings):
a. number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the 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.1212a*9 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
WPA Form 5 -- Order of Conditions MassDEP File#
�1 Massachusetts Wetlands Protection Act M.G.L. c, 131, §40 eDEPTransaction#
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" for, "MassDEP"]
"File Number 87-0577 "
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to ail 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.
wpafcrm5.doc• rev.12f23M Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
r�
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDl=P Transaction#
!�glawam
City/Town
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 line has been approved by this Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project") is(i)❑ is not(2)Z 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 place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
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.
wpaformEdoc• rev.12123/09 Palle 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
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 O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook_
wpaforrrEdoc- rev.12123/09 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEP Transaction#
Agawam
Cityrrown
C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
fog shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission ('Commission") upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
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, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
SEE ATTACHED CONDITIONS
wpaform5.doc• rev.12/23/09 Page 9 of 12
TOWN OF AGAWAM, MASSACHUSETTS
CONSERVATION COMMISSION
ORDER OF CONDITIONS
#87-0577 — South Street- Herzog
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. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other
pollutant into any area of statutory interest.
26. 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.
27. 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.
28. 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.
29. 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.
30. Approved mitigation for this project includes: removal of the existing chain link fence;
the stump located at the top of the hill is to be removed and the disturbed area is to be re-
established; grass clippings and yard waste on the embankment shall be removed and the
area re-established with native grass; there will be a"no mow zone" from riverfront area
marker R4 to R8; and five native species (low bush) shall be planted on the embankment.
30. 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."
31. 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.
32. 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.
33. 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.
34. 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.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-577
WPA Form 5 - Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 eDEPTransaction#
Agawam
CitylTown
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 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.doc• rev.12123/09 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands -7—�- C 5�7-7
WPA Form 5 - Order of Conditions MassDEP File#
t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 epEp Transaction#
Cityfrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special —�C
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.Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
J
❑ by hand delivery on 5 by certified mail, return receipt
requested, on
J- �OZI
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 hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(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.
wpaform5.doc• rev,12123/09 Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection -Wetlands 87-577
WPA Form 5 -- Order of Conditions MassDEP File#
f Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEA Transaction#
Agawam
City/Town
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:
21 South Street 87-0577
Project Location MassDEP Fife Number
Has been recorded at the Registry of Deeds of:
Ham den
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 J
wpaForm5.doc• rev,12123M Page 12 of 12
Massachusetts Department of Environmental Protection G 5�
DEP File Nurnher:
Bureau of Resource Protection -Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by,-
forms on the q awam _ 11-10-11
only the tab
Computer, use Conservation Commission (Issuing Authority) Date
key to move To:
your cursor-
do not use the Holly Thom son
return key. Name of Violator
285 South Street
VQ Address
1. Location of Violation:
Craig Gates, Tr., Kelly Dings-Thtbauit, Tr., Hoily Thompson Irrevocable Trust
Property Owner(if different)
286 South Street
Street Address
Agawam _ 01001 C3
City/Town Zip Code ~_
J4 1/1 cn
Assessors MapJPlat Number Parcel/Lot Number:
2. Extent and Type of Activity (if more space is required, please attach a separate sheet)a
Collapsed headwall into stream.
rn
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act (M.G.L. c. 131, §40) and its Regulations(310 CMR 10.00), because:
❑ the activity has beenlis being conducted without a valid Order of Conditions.
❑ the activity has beenlis being conducted in violation of the Order of Conditions issued to.-
Name Dated
Fite Number) V J ��^ Condition numbers)
wpaform9a dec•rev.7/14104 Page I of 3
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
L11
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cost.)
® Other(specify):
storm damage
r
y
Ln
C. Order 3
v 'CD
The issuing authority hereby orders the following (check all that apply):
a ��
El The property owner, his agents, permittees, and all others shall immediately cease and deso't
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be fled with the issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Remove cement blocks from streambed that are impeding the flow within sixty (60) days of receipt of
this Enforcement Order.
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.
wpaform9a,doc-rev 7114104 Page of 3
Massachusetts Department of Environmental Protection DEP File dumber.
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Name
Phone Number
HourslDays Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
C
c�
7K
C:,
T
rn
Signature of delivery person or certified mail number
wpaform9a.doc•rev.711404 Page 3 of 3
&ula+i, ftdilya
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 q 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 Aditya Gulati same _ T
return key. Name Name
393 South Street
Mailing Address Mailing Address
Agawam ___ MA 01001
City/Town State Zip Code City/Town State Zip Code
n 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Town of Agawam Assessor map _ 11/24/09
Title mm Date
Title Date
Title Date
2. Date Request Filed:
November 4, 2009
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission cons it�red:your
Request for Determination of Applicability, with its supporting documentation, and "de the following
Determination.
Project Description (if applicable):
construction of 23'x 24' addition to side of house
Project Location:
393 South Street Agawam
Street Address City/Town
13 2/6
Assessors Map/Plat Number Parcel/Lot Number
wpaforrn2.doc•rev-12/15700 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
t 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
wpaform2ADc;•rev.12/15/00 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 (cost.)
❑ 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.
wpaform2.doc•rev.12/15/00 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 (cost.)
❑ 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 JU by certified mail, return receipt requested on
r� 4, �12
Date Date
This Determination is valid for three years from the date of issuance(except Determinations for
Vegetation Management Plaris 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). I")Li Signatures:
a ,
December 10, 2009
Date
wpa`orm2.doc-rev.12115100 Page 4 of 5
cj(-
TO 14W OFAGAWAM
CONSERVATION COMMISSION
36 MAIN ST ,AGAWAM, MA 01001
786.0400, on. 245
April 20, 2011
Kyle Moquin'
43 South West Street
Feeding Hills, MA 01030
Dear Mr. Moquin:
At its duly called meeting held on April 14, 2011, the Agawam Conservation Commission voted
to approve the Restoration Plan that you submitted for your property at 43 South West Street.
The Commission expects that this work will be completed within 30 days and you are to notify
the office when it has been completed so that a follow-up inspection can be made.
If you have any questions,please contact this office at 786-0400, ext. 245.
Sincerely,
HenryA. Kozloski Ch n
AGAWAM CONSERVATION COMMISSION D
HAK:prk cv
yrn
cc: Town Clerk z 3v"f
File 3>,
r -n
c")
�\ rn
TOWN OF AGAWAM
CONSERVA77ON COMMISSION
36 MAM ST'.,AGAWAM, MA 010.01
786-0400, ext. 245
.tune 24, 2011
Kyle Moquin
43 South West Street
Feeding Hills, MA 0103 0
Dear Mr. Moquin:
At its duly called meeting held on June 23, 2011, the Agawam Conservation Commission
voted to lift the Enforcement Order issued to you on March 30, 201 L. Thank you for
your cooperation on this matter.
If you have any questions, please contact this office at 786-0400, extension 245.
Sincerely,
Henry A. Kozloski, Chairman
AGAWAM CONSERVATION COMMISSION M3
r nrn
HAK:prk
= 3c»
Cc: Town Clerk, File, DEP
r �
ro
b ♦ U .
LlMassachusetts 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: A Issuance From: awam
suan
When filling out Issuing Authority
forms on the 43 South West Street
computer, use I. Site Location:only the tab
key to move 2 Reason for Emergency:
your cursor-
do not use the Tops of trees are dead and in darter of failing onto neighbor's property (sheds and possibly house).
return key.
.I�,� � 3. Applicant to perform work: Kyle Mo uin homeowner
4. Public agency to perform work or public agency ordering the work to be performed:
' Conservation Commission
5. Date of Site Visit: Start Date: End Date*:
March 30, 2011 March 30, 2011 April 7, 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 oil/hazardous material release.
6. Work to be allowed*:
Cuttin_q of three trees and selective trimming within the buffer zone. _
*May not include work beyond that necessary to abate the emergency.
A
B. Signatures nn
ir-
Certified to be an Emergency by this Issuing Authority. ��
Signatures:
AQ
March 30, 2011
Chairman(or 06sidneK Date
c7
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Certification Page 1 of 2
Rev.OM110
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 written approval
of the Department.
D. Special Conditions
All debris must be removed from the area (branches, brush, lochs) as soon as possible after cutting
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,
YJPA Emergency Ceffcabon Page 2 of 2
Rev.01/31/0
Massachusetts Department of Environmental Protection DEPFileNumber:
Bureau of Resource Protection -Wetlands
WPA Form 9A - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Agawam _ March 30, 2011
computer, use only the tab Conservation Commission(Issuing Authority) Date
key to move To:
your cursor-
do not use the Kyle Mo uin
return key. Name of Violator
43 South West Street
Address
1. Location of Violation: �..
same —a
Property Owner(if different)
same »
Street Address
`� D rn•
CityfTown Zip Code :X :.
C9 5131 y>�'
Assessors Map/Plat Number ParcellLot Number
T
2. Extent and Type of Activity(if more space is required, please attach a separate sheefF C-3
Cutting of trees in buffer zone.
B. Findings
The Issuing Authority has determined that the activity described above is in violation of the Wetlands
Protection Act(M.G.L. c. 131, § 40) and its Regulations(310 CMR 10.00), because:
® the activity has been/is being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number - Condition number(s)
wpaform9a.doc•rev.714104 Page 1 of 5
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner,.his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for all proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
A restoration plan for the area must be submitted to the Commission for their approval within two
weeks. The work must be completed within 60 days of approval by the Commission.
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 cf continuing
violation shall constitute a separate offense.
wpaform9a.doa•rev.7114104 Page 2 of 3
Massachusetts Department of Environmental Protection DEP File Number.
L7 Bureau of Resource Protection -Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Hen V A. Kozioski, Chairman
Name
786-0400, extension 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
J
Signature person or certified mail number
wpaform9a,doc•rev.7114104 Page 3 of 3
�uhesf Sf- . -T60
n c Mtn
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided by DEP
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
fcrms on the Agawam May 10, 2011
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
36 Main Street
VQ Address
1. location of Violation:
same
Property owner(if different)
South West Street(former Tuckahoe property)
Street Address
�. X_
Fee�dini Hills 01030
City/Town Zip Code
C7 214
Assessors Map/Plat Number Parcel/Lot Number C3yln
2. Extent and Type of Activity (if more space is required, please attach a separate sheA;
cn
Construction of stvale and placement of five yards of soil in buffer and-wetlanc
CD -�
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 Regt•;ations (310 CMR 10.00), because:
® the activity has beenlis being conducted without a valid Order of Conditions.
❑ the activity has been/is being conducted in violation of the Order of Conditions issued to:
Name Dated
File Number Condition number(s)
wpaforrnga.doc•rev.71141D4 Page 1 of 3
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 9A — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cont.)
❑ Other(specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from the further activity affecting the Buffer Zone and/or wetland resource areas on this property.
❑ Wetland alterations resulting from said activity should be corrected and the site returned to its
original condition.
❑ Complete the attached Notice of Intent. The completed application and plans for ail proposed
work as required by the Act and Regulations shall be filed with the Issuing Authority on or before
Date
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action to prevent further violations of the Act:
Remove soil from buffer and wetland; re-seed area with wetland seed mix; repair swale to prevent
erosion into the wetland. This work is to be completed within 30 days of date of issuance.
Commission is to be contacted when work is completed so that a follow-up inspection can be made.
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.
wpafarm9a.doc•rev.7114104 Page 2 of 3
r
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9A -- Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
HenryKozloski
Tame
786-0400, ext. 245
Phone Number
Hours/Days Available
Issued by:
Agawam
Conservation Commission
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
Signature of delivery person or certified mail number
wpaform9a.doc•rev.71141G4 Page 3 of 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: Agawam
When filling out Issuance From: Issuing Authority
forms on the &oth Wet Street. ( Tu�. oe�
computer, use 1. Site Location: a s - - —only the tab
a
key to move 2 Reason for Emergency: --* '
your cursor-
do not use the Washou t< of road on Town o_f Agawam (Tuckahoe ) ro ert a
return key. caused by blocked culverts . nn
3. Applicant to perform work: '-
37z
4. Public agency to perform work or public agency ordering the work to be performed: = 3
x'
Town of A awartl DPW '�
tar n
5. Date of Site Visit: Start Date: End Date*:
May 5 , 2011 May 13 , 2011 June 13 , 2011
no later than 30 days from start date or 60 days in the
case of an Immediate Response Action approved by
DEP to addiiess an oil/hazardous material release.
6. Work to be allowed*:
Remove debris from in front of culverts and repair road
surface in area of washout . Notify Conservation Conunission
when work is completed for a follow-up inspection.
*May not include work beyond that necessary to abate the emergency.
B. Signatures
Certified to be an Emergency by this Issuing Authority.
Signatures:
_flex-� _
Chairman(or deli n ) �` Date �—
�, May 12 , 21011.
A copy of this form must be provided to the appropriate DEP Regional Office.
WPA Emergency Cerlificatan page 1 a{2
Rev.11101
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 J
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
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 Certification Page 2 of 2
Rev.11101
f �
5`]
TOWN OF AGAWAM
CONSERVATION COMMISSION
36 MAIN ST.,AGAWAM, MA 01001
- 786.0400, a0- 245
May 27, 2011
Christopher Golba, Superintendent
Department of Public Works
1000 Suffield Street �3
Agawam, MA 01001 �
Arn
-cm
Re: Phase IV Sewer Project—87-0561 MCA
c aQ
Dear Mr. Golba: `_nJ
zi
rn
At its duly called meeting held on May 26, 2011, the Agawam Conservation Commissior ��
voted to allow the silt fences to be removed on South Westfield Street and Route 57. �JJ
Please notify the Commission when the silt fences have been removed so that they can
make a follow-up inspection.
If you have any questions,please contact this office at 786-0400, extension 245.
Sincerely,
Henry A. Kozloski, Chairm
AGAWAM CONSERVATION COMMISSION
HAK/prk
Cc: Mayor
Tighe & Bond
r
L1Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
1 WPA Form 7 — Extension Permit for Orders of Conditions 87-0530
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 Hunter Development Co.
computer, use - p - - - - - -- - - --
only the tab Name
key to move P.O. Box 366
your cursor- Mailing Address
do not use the East Longmeadow MA a4028
return key. Cityrrown State Code
2. Property Owner(if different):
(1) First Nine LLC (2) BGM Realty LLC
Name - - yrrn
4 Lexington Circle 330 Whitney Avenue — ss 3
Mailing Address 3(A
Southwick Holyoke, MA 01040 MA $ 4977
Cityrrown State M Code
Cr
B. Authorization J
The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on:
3-13-08 Issued by: Agawam
Date Conservation Commission
for work at: South Westfield Street E8 211 &2115
Street Address Assessor's Map/Plat Number Parcel/Lot Number
recorded at the Registry of Deeds for;
Hampden
County Book Page
Certificate(if registered land)
is hereby extended until: 3-13-13 h/a
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(http://www.mass.gov/dep/about/region/findyour.htm}
Signatures: 2-10-11
1101
e ,
wpaformTdoc•rev.W 12010 Page f of 2
Massachusetts Department of Environmental Protection Lr DEp File Number.
Bureau of Resource Protection -Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 87-0530
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP
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:
South Westfield Street 87-0530
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
wpeformTdoc•rev.311M10 Page 2 of 2
a,
Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
June 7, 2012
David Cecchi, Chairman
Agawam Historical Commission
29 Albert Street
Agawam, MA 01001
Dear Mr. Cecchi:
Attached please find a Demolition Permit Application for 86 South Westfield Street. The
property is listed in the Agawam Historical Inventory so therefore receives a Positive
Determination under Agawam's Demolition Delay Ordinance. Please schedule your public
hearing as soon as possible and notify this office of the time and date.
If you have any questions or desire more information please contact this office at 786-0400, ext.
8738.
Sincerely,
Deborah S. Dachos, Director ,
OFFICE OF PLANNING& COMMUNITY DEVELOPMENT
DSD:prk. a
cc: ClerkZ
Building Insp.
File
PLEASE PRINT CLEARLY
THIS APPLICATION NOT FOR INTERIOR OR PARTIAL DEMOLITION.
No........................................ Zone.................................. Type...................................
-----APPLICANT NOT TO FILL IN SPACES ABOVE THIS LINE------
Application for Demolition
(To be filled out in ink or on a typewriter)
Town of Agawam, MA /
Date.... ?. .G?... ............
i. Street and No...�4� A � .
2. Owners Name..- ..
�....��...�.�...��.�f.�..�F��i:�....A�dC1reS5..a�lr..l ./� •`�ji yl "Ve-
y
................ p
Cit ......- ---• .._.......Stat .....Zz O/..Z�.Tel..............................Jrc...-----•
3. Architect's Name.....: ....................................Address...................................................
City ...............................State..........Zip.................Tel.........................................
4. Contractor's Name...., �`f ........................Address............:
Tel..tCc?f�Lic. No.pJ4././. ....Sig ofLicertsee... s �....:
5. Use of building or structure.......... .. -2... ................. .........................................
6. Size of building, Square Footage.......... ! ...r............Stories........................................
7. If a Multi-Res. Bldg. - How naany units......1.4- Xxz ........................
$. Method of Disposal of Debris................ - .....................
.... .....................
X.
r �
As required by Massachusetts State Building code, Chapter 1, Section 111.5, all debris
resulting therefrom shall be disposed of in a properly licensed solid waste facility.
9. Demolition Sign offs
DATE BY
BAYSTATE GAS '-�
=.....V!...............
N.E. UTILITIES ..............I.......... --- ............ ,.... .... ................
WATER DEPT. .............
SEWER DEPT. J� �1..... .� � .............
LABOR& INDUSTRY `�' =—
AND/OR D.E.P. ........ w "............... .................... ... . .................
TELEPHONE CO. --
CABLET.V. .......................... ............................ .....c7.................
As required by Massachusetts State Building Code, Chapter 1, Section 112.1, a--derrl�jition
permit will not be issued until release is obtained that the respective services have been removed.
10. Estimated Cost:.. ..... .. .. The undersigned certifies that the
above statements are true to the best
of his knowledg9_aqd belief,
sign'tfu`e`0 er•,architect,engineer or authorized representative
WRITTEN DESCRIPTION OF WORK TO BE DONE
(Use blank half of reverse side, if necessary)
......... . ....... 'i: ! f ....1. �. � e...........................
. ..... ........ ....... .
Workers' Compensation:
NO PERMIT SHALL BE ISSUED TO DEMOLISH A BUILDING OR STRUCTURE UNTIL ACCEPTABLE
PROOF OF INSURANCE PURSUANT TO M_G.L., CHAPTER 152,SECTION 25C(6)HAS BEEN PROVIDED
TO THE BUILDING OFFICIAL.
TOWN OFAGAWAM CO �
36 MAIN STREET � n
AGAWAM, MA 01001 n
BOARD OF APPEALS 3
�k E ''
•: cn
:w7 C
January 18, 2008
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Conference Room, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M., Monday,February
25, 2008 for the following:
Case#: 1815
Petitioner: Hunter Development
Address: 241 South Westfield Street
Reason: Seeking to amend a previously granted Special Permit(Case#
1777) in order to allow for more parking at the premises identified
as 241 South Westfield Street.
Advertised: February 7, 2008 and February 14, 2008
Doreen Prouty
Chairperson
DP/jb
BOARD OF APPEALS PUBLIC MEETING March 24, 2008
The following members attended the public meeting:
Doreen Prouty-Chairperson
James Marmo-Vice Chairperson
Joseph Conte-Clerk
Larry Hoague-Alternate
Betty Manchino-Secretary
CO
1. Case#1815-Hunter's Development M
Chairperson Prouty reopened this public hearing at 6:30PM . Sitting on this case was Prouty,
Marmo and Hoague. 7
Mr. Frisbee from Hunter's Development was in attendance. �.
Chairperson Prouty advised Mr. Frisbee at the last meeting when he requested an extension of
time there were numerous opponents in attendance and Mr. Young had requested that the Board
select another independent company to do a traffic study at this parcel which the Board had
agreed to do. But since that time there have been numerous correspondence between the
engineering department and the safety officer on this project which the Chairperson read into the
record.
The Board questioned Mr. Frisbee if all the recommendations from engineering and the safety
officer have been incorporated into the plan he is presenting this evening and was advised that all
items have been addressed.
Mr. Frisbee then presented a letter from GBI traffic engineers, who had done the initial traffic
study, for the chairperson to read into the record, stating if the changed plan is followed there
should be no problem with this project.
Chairperson Prouty questioned Mr. Frisbee if he had filed easement rights for this project and
was advised that had not been done because he was waiting for the Board's approval before
finalizing them.
Chairperson Prouty read into the record a letter from engineering in response to Mr. Marmo's
question of tractor trailer trucks having enough room maneuvering with this parking request and
they advised it would be difficult for a tractor trailer to turn. Mr. Frisbee stated he did not
anticipate any large trucks making this turn occupants for this side of the building would have to
have front door deliveries.
Chairperson Prouty did not think another traffic study was necessary and Mr. Frisbee advised the
board that he would be meeting with the Town to revisit the traffic situation as an ongoing basis.
He stated he would have to come back to the board when they start developing the third parcel
of land on this site.
Mr. Hoague and Mr. Marino both agreed that there should be some type of sign preventing a left
hand turn at the driveway even if it stated certain hours. Mr.Frisbee said it could be done but
there would be no one to enforce this regulation. Mr. Frisbee said that the timing changes with
the signal at the corner of South Westfield Street will restrict the traffic movement.
1
Mr. Hoague stated he would vote for this permit as long as one of the conditions be that Mr.
Frisbee's cross axis easement document be included.
Chairperson Prouty explained the twenty day appeal process and since there was no one to speak
on this matter closed the Public Hearing at 7:1 OPM and the board went directly into a Public
Meeting.
Chairperson Prouty stated all the questions of the Board were satisfactorily answered and made
the motion to grant this permit under normal conditions except if there is any changes in the
traffic and the cross axis agreement for the parcels are on file:
Vote
Marmo-yae
Hoague-yae
Prouty-yae Permit approved unanimously
2. Minutes of March 10,2008 meeting—motion to accept Marmo,seconded Conte vote
unanimous.
Chairperson Prouty had received communication from Town Solicitor Chris Johnson asking if
the Board wanted him to represent them in the Liquori Case. Chairperson Prouty made to the
motion to approve and seconded by Conte. The vote Conte-yae
Hoague-Yae,Prouty-yae.
Mr. Conte stated that at the special meeting of March 10 regarding requesting the Council for
monies for an outside attorney if needed he wanted to rescind his no vote as he was confused on
what they were voting on. He was totally in favor of requesting funding as this was his idea.
3. Motion to adjourn by Chairperson Prouty at 7:35 seconded by Mr. Hoague.
2
BOARD OF APPEALS PUBLIC MEETING E L ;gOO8
The following members attended the public meeting: AUAWAM, MASS.
Doreen Prouty Chairperson 0$ JU" 1 9 AM 1 1: 4 3
James Marmo-Vice Chairperson
Joseph Conte-Clerk
Gary Suffriti-Alternate
Larry Hoague-Alternate
Betty Manchino- Secretary
1. Chairperson Prouty opened this meeting at 6:30PM.Mr. Suffriti requested the board to go out
of order to discuss the on-going issue of Six Flags. Mr. Suffriti must leave this meeting by 7PM.
All members voted in favor of this request.
Mr Suffriti stated that Six Flags may continue to build, even though the board's decision is under
appeal. However, if Six Flags continues to build,it is with the understanding that Six Flags
builds at their risk. If the appealing party wins the court case, Six Flags could possibly be ordered
to tear down the structure. Chairperson Prouty read Section 11 of Chapter 40A which explains
this process,
Mr. Suffriti and Mr. Marmo both stated that they have learned from Mr. Dominic Urbinati,Town
Building Inspector, that the location for the new ride has been moved from the approved location
and the size and shape of the building is different.Mr. Suffriti wants this board to send a letter to
the building inspector ordering him to deny Six Flags a building permit. Mr. Suffriti further
stated that Six Flags must come back to this board in order to review the new information.
Ms.Prouty stated that this board has not received any formal notification of these violations. She
does not agree that the board should order the building inspector to deny the building permit,but
instead send a letter asking for confirmation of these violations. She also suggested sending a
letter to the town solicitor asking for advice on how to proceed if these violations have occurred.
Mr. Conte suggested that the board should request from the Town Council that monies be put
aside if the board decides to ask for outside legal counsel.
All agreed that Ms. Prouty would contact the town solicitor for a legal opinion on the procedural
process, Mr. Hoague volunteered to write the letter to be sent to the building inspector requesting
a confirmation of these violations and all members agreed.
Z. Case#1 1816- Colvest/Agawam LLC (CVS)
Chairperson Prouty opened this public bearing at 7:04PM by reading the legal notice. Sitting on
the case are Prouty,Marmo and Conte.
Mr. Peter LaPointe, Vice-President of the Colvest Group, represented the petitioner.He
explained that their plans are to demolish the existing CVS building and build a new structure on
the property they have newly acquired. They have already received a zone change from the Town
Council for this property, They are going to widen the driveway and have a loading dock in the
rear of the building as well as a drive-thru window located at the southeast corner.
1
This drive-thru would be for the convenience of their customers and would have a by-pass lane
for cars to exit the right side of the property along the property line of Sarat Ford and provide
extra movement for deliveries.
Mr. Conte told Mr.LaPointe that he made a good presentation for this project and liked the new
entrance to this store.
Mr. Hoague questioned if tractor-trailers making deliveries in the rear of the store would be able
to clear the canopy of the drive-thru and was assured that there will be no problems.
Chairperson Prouty read into the record memos from the Fire Inspector, Conservation Board,
Planning Board, Engineering and Safety Officer. The Safety Officer recommended street lighting
in front of the building and Mr.LaPointe said he would meet with Sgt.Niles to evaluate the
lights in questions and would do whatever Sgt.Niles requests. It was noted that the Safety
Officer's recommendations do not concern anything on the petitioner's property.
Chairperson Prouty opened the hearing to anyone in attendance and no one spoke in favor or
against this project. Chairperson Prouty explained the 20-day appeal period and closed the
hearing at 7:26PM. The board went directly into a public meeting.
The Board agreed to the following conditions: built according to the plan submitted and signed
the members,all conditions set forth by the Planning Board must be adhered to,permit for drive-
thru window only, all zoning and building requirements must be met,to be recorded in the
Hampden County Registry of Deeds and shall become null and void if construction does not
commence within two years from the date of this decision.
Chairperson Prouty called for a vote to approve this special permit with the previously mentioned
conditions,the results are:
Prouty---yea
Marino-yea
Conte-yea
Chairperson Prouty closed this meeting at 7:30PM
3. Case# 1817-Torino
Chairperson Prouty opened this public hearing by reading the legal notice. Sitting on this case are
Prouty,Marmo and Conte.
Representing Mr. &Mrs.Torino was John Summers, 180 Great Plains Road, W. Springfield,
MA. He explained they are requesting to construct a 24'by 24' addition to their property.
Currently, there is a 22.2' setback and because the property is located in a Residential A 2
district,the setback requirement is 30'. The new addition will have a setback of 28.9'. Mr.
Summers stated the dwelling used to comply with the setback requirement until their street was
widen by the state back in 1998.
Chairperson Prouty read into the record the only memo received by this board which was from
the Safety Officer stating there do not appear to be any problems with this request.
2
Chairperson Prouty opened this hearing to those in attendance and speaking in favor of this
permit were Robert Young of 216 S.Westfield St.,Anthony Albro of 1059 Shoemaker Lane,
Kathleen Albro of 267 S. Westfield St., and Richard Taylor of 268 S. Westfield St. Chairperson
Prouty explained the 20-day appeal period and closed the hearing at 7:45PM. The board went
directly into a public meeting.
The members agreed to the following conditions: addition shall be built according to the plans
submitted and signed by the members,permit is for the construction of a 24' by 24' addition,all
other zoning and building requirements must be met,permit shall be recorded with the Hampden
County Registry of Deeds and shall become null and void if construction does not commence
within 2 years from the date of this decision.
Chairperson Prouty called for a vote to approve this permit with the previously stated conditions.
The vote is as follows:
Prouty—yea
Marmo—yea
Conte--yea
Chairperson Prouty closed this meeting at 7:48PM.
4. Case# 1815,Hunter Development
Chairperson Prouty reopened this public hearing at 7:50PM by reading a letter from Mr.Frisbee
requesting a continuance of this hearing because he has not been before the Conservation
Commission yet. He is scheduled to go before them on March 13'h.
Mr. Conte stated that something must be done but he does not know what.He explained to the
people in attendance that this board has no control over what Mr. Frisbee builds on this property
as long as it is allowed by law.
Chairperson Prouty stated that the board should not continue with this hearing since Mr. Frisbee
is not in attendance. Mr. Conte stated that since there were several people in attendance, it was
only fair to them to speak. Mr. Marmo and Mr. Hoague agreed.Ms. Prouty stated that anything
discussed tonight must again be talked about at the next hearing with Mr. Frisbee present.
Mr. Marmo and Mr. Conte met with the Town Engineer and discussed this site plan. A memo
was received from the Town Engineer explaining the issues involved concerning tractor-trailers.
He also addressed Mr. Conte's concern regarding some of the parking. Ms.Prouty read the
memo received from Engineering, dated Feb. 27, 2008 to this board.
Ms. Prouty stated she spoke with Sgt. Niles, the Safety Officer. He stated he is well aware of the
neighbor's concerns and is satisfied with the proposed plan.He sent a memo to this board which
states that he would agree with Engineering. Ms. Prouty stated she had reviewed the traffic
impact study done by GPI, which had been requested by the Planning Board, and this report
concludes that "safe operations can be expected for all three of the proposed site driveways".
Kathleen Albro, 267 S. Westfield St., spoke in opposition to this project due to the high volume
of traffic in this area.
3
Robert Young, 216 S. Westfield St., requested that the board have another traffic study
completed of this area because there are definite problems with the traffic flow.
Mr. Conte suggested that the board get the names of three reputable companies from the
Planning Department and have another traffic study done by one of them.He also said the
petitioner must pay for this study. Ms. Prouty questioned whether this was appropriate since the
petitioner has already paid for one traffic report at the request of the Planning Board and our
town experts have approved it. Mr. Marmo and Mr.Hoague are in agreement with Mr. Conte.
Chairperson Prouty agreed to get the names of three companies from the Planning Department.
Chairperson Prouty rescheduled this hearing until Monday,March 24,2008 at 6:30PM.
5. Approval of February 25ffi meeting.
Chairperson Prouty made a motion to accept the minutes, seconded by Mr. Marmo.All were in
favor,none opposed.
Chairperson Prouty made a motion to adjourn the meeting, seconded by Mr. Conte.All were in
favor,none opposed.The meeting was closed at 8:50PM.
4
BOARD OF APPEALS PUBLIC MEETING February 25,2008
The following members attended the public meeting:
Doreen Prouty-Chairperson
James Marmo-Vice Chairperson
Joseph Conte-Clerk
Larry Hoague-Clerk
Betty Manchino-Secretary
1. Case 41815-Hunter Development
Chairperson Prouty opened this public hearing at 6,30PM by reading the public notice. Sitting
on this case was Prouty, Marmo, and Hoague.
0
co
Mr.Frisbee,45 Old Farm Road,East Longmeadow,owner of the property at 241 South (_-
Westfield Street, explained to the board that he is seeking a minor change to the original speci c
permit#1777 to allow more parking at the premises of 241 South Westfield Street. This parkin
would be at the rear of the building whereby employees would utilize this parking area and entc:6
the building by a rear entrance.
.. can-
Chairperson Prouty questioned why a deed for this property had not been submitted with the
application and that it is necessary . A copy of the deed must be submitted.
Vice-Chair Marmo questioned if the proposed 22 feet allowed in the plan would be appropriate
space for delivery trucks. _
Mr. Hoague questioned the pedestrian safety with the main flow with the center aisle between the
two buildings. He wants to make sure the cross easements of the property are in place for this
property. Mr. Frisbee stated that the cross easements were needed for the original site plan
approval and should be on file with the land court. Chairperson Prouty explained that the board
needed the easements to be filed and for Mr. Frisbee to check with the land court to see if they
had been processed,
Vice-Chair Marmo questioned if there is enough space for tractor trailers to make deliveries in
the travel lane space proposed. Mr. Frisbee stated that they will set perimeters for delivery trucks
to go to the rear of the building and they will try to limit the time for deliveries.
Vice-Chair Marino questioned Mr. Frisbee if Checkard's Sports Bar has already signed an
agreement for the proposed building. Mr. Frisbee stated no agreement has been signed for any
tenant. Chairperson Prouty reminded the board that we are here only to accept a parking petition.
The board does not act on what establishments are placed in this project.
Mr. Frisbee had a response from the Engineering Department regarding this proposed plan and
read it into the record.
All members of the board agreed that a member should meet with the engineering department to
discuss the space radius for tractor trailers to drive around the building.
1
Chairperson Prouty read into the record the memo from the Planning Board and the memo from
• Safety Officer Niles. Safety Officer Niles had a question on the effect of this parking on the Q-
• Line at the Bank drive thru.
Chairperson Prouty read into the record various letters the board had received on this issue. One
from Edward Connors,222 South Westfield Street opposing this permit for traffic issues,
Frances and Robert Albro, 1059 Shoemaker Lane,Anthony and Kathleen Albro, 267 South
Westfield Street, all in opposition for safety reasons for granting this permit.
Mr. Conte stated that copies of these letters should be sent to the Safety Officer for his review.
Ms. Prouty stated she will contact Sgt.Niles.
Chairperson Prouty opened the hearing to the public and Kathleen Albro, 267 South Westfield
Street spoke in opposition to this permit. Bill Czarnecki, 1061 Shoemaker Lane stated that more
parking would only make the traffic problem worse in that area. Mr.Anthony Albro, 1059
Shoemaker Lane,who had concerns of the traffic flow for tractor trailers in the area. Mr.
Richard Taylor, 268 South Westfield Street, commended the board for they are doing with this
project but hope they will consider the major traffic issues. Mr. Robert Young, 216 South
Westfield Street, questioned if a traffic study of this area had been done and was advised by Mr.
Frisbee that one had been filed with the Planning Board. Mr. Young does not feel that tractor
trailer trucks are going to pass through this area and requested the board to review the traffic
study on file.
Chairperson Prouty read into the record a letter from Diane Juzba, 189 South Westfield Street, in
opposition to this permit
Vice-Chair Marmo and Mr. Conte agreed that a meeting with the Engineering Department and an
evaluation of the traffic study must be done before any action can be made on this permit. They
also feel a report from the Safety Officer is necessary.
Chairperson Prouty stated that Mr. Frisbee still needs to be heard by the conservation
commission and made the motion to continue this public hearing until March 1 oth after the
6:40PM hearing slated seconded by Vice-Chair Marmo.
The hearing will be continued to Monday March 10, 2008 after the scheduled 6:40 PM hearing.
Meeting was closed at 6:40PM.
2. Approval of Minutes
January 28th,motion by Prouty seconded by Conte all in favor.
February 1 l th, motion by Conte seconded by Hoague all in favor.
February 22d, motion by Conte seconded by Marmo all in favor.
3. Chairperson Prouty presented a letter she had drafted regarding Michael B'Shara's Restaurant.
Basically they will notify the petitioner, set a time limit and then proceed with the proper action
on this permit.
Members agreed to the time limit of May 15th.
Chairperson Prouty made the motion to adjourn at 8:35PM seconded by Mr. Hoague. All were in
favor,none opposed.
2
t S
9%,
T.Own of Agawam
34 Main Street Agawam, Massuehusetts 01,001-1837
Tel. 413-786-0400 Fax 413.-786-9927
February 6, 2009 .
Jacklyn Swenson ,
KJK Wireless
485 Maple Street .
Franklin, MA 0203 8
Dear Ms. Swenson:
At its duly called meeting held on-February 5, 2009, the Agawam-Planning Board approved the
Site Plan entitled "Pocket Communications, Site Number: SPMA0092, Site Name: 850 South
Westfield Street", dated 10/03/08 with the condition that all professional staff comments be
addressed.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
a �
Violet Baldwin, Acting Chairman
AGAWAM PLANNING BOARD
VB/DSD:prk
cc: Building Inspector, Eng. Dept., Town Clerk, File
r
L G e-
Town of Agawam
�r •••
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
a
PLANNING BOARD '
January 16, 2009
Jaclyn Swenson, Agent for Pocket Wireless
KJK Wireless LLC
485 Maple Street .
Franklin, MA 02038
Dear Ms. Swenson:
At its duly called meeting held on January 15, 2009, the Agawam Planning Board approved the
Site Plan entitled "Pocket Communications, Site Number: SPMA0036A, Site Name: Agawam
ATC", dated 10/21/08 and prepared by Dewberry-Goodkind, Inc. with the condition that all
professional staff comments be addressed.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
Travis Ward, Chairman
AGAWAM PLANNING BOARD
TW/DSD:prk
cc: Building Inspector, Engineering Dept., ZBA, Tow lerk, File
H J_ Uv �R� �, Ec 5
f Agawam
Town o
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
PLANNING BOARD
January 16, 2009
G,
Jaclyn Swenson, Agent for Pocket Wireless
KJK Wireless LLC
485 Maple Street
Franklin, MA 0203 8
Dear Ms. Swenson:
At its duly called meeting held on January 15, 2009, the Agawam Planning Board approved the
Site Plan entitled "Pocket Communications, Site Number: SPMA0019, Site Name: 591 North
West Street", dated 10/21/08 and prepared by Dewberry-Goodkind, Inc. with the condition that
all professional staff comments be addressed.
If you have any questions,please contact this office at 786-0400,extension 283.
Sincerely,
Travis Ward, Chairman
AGAWAM PLANNING BOARD
TW/DSD:prk
cc: Building Inspector, Engineering Dept., ZBA, Town Clerk, File
ffr��J ' rI
Massachusetts Department of Environmental Protection
M Bureau of Resource Protection - Weftands
WPA Form 2 — Determination of Applicability
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information C,
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
your cursor-
do not use the Pocket Wireless, c/o J. Swenson, KJK Wireless American tower '
return key. Name Name ,
485 Maple Street 116 Huntington Avenue
VAIQ Mailing Address Mailing Address
Franklin, MA 02038 Boston, MA 02116
C9tyffowm State Zip Code City/Town State Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Pocket Communicatsons, Site Number. SPMA0036A, Site Name: Agawam ATC 10121/08
Title Date
Title Date
Title Date
2. Date Request Filed:
January26, 2009
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):
installation of three antennas on existing cell tower; installation of cabinet support structure
Project Location:
1804 Main Street_ Agawam_ _
Street Address Cityffown
K1 113
Assessors Map/Plat Number Parcel/Lot Number
wpafcrrn2.dcc-rev.12115100 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 (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
wpafcrm2.d0c-rev 12115100 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands '
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s),which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 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.
wpoform2.dor•rev.12/15100 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands'
1 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 statuatorylregUatory 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
February 19 , 2009
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). Ci3&gnatures:
Z"
February 12 , 2009
Date
wpaform2.doc•rev.12/15100 Page 4 of 5
J j 4
Massachusetts Department of Environmental Protection Provided by Massl)FP:
Bureau of Resource Protection-Wetlands MassDEP File C087-0588
WPA Form 4B - Order of Resource Area Delineation eDEP Transaction 4:464722
.y Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 Crtylfown.AGAWAM
A.General Information
I.Conservation Commission AGAWAM
0
2.This Issuance is for(Check one); ;
a. F Order of Resource Area Delineation
b. f Amended Order of Resource Area Delineation _
3.Applicant Details
a.First Name JACK b.Last Name SARAT 33'
c.Organization JK REAL ESTATE,LLC
d.Mailing Address 245 SPRINGFIELD STREET •• "'
e.City/Town AGAWAM f.State MA g.ZIP 01001 O '
�n
4_Property Owner(if different from applicant):
a.First Name JACK b.Last Nance SARAT
c.Organization JK REAL ESTATE,LLC 1
d.Mailing Address 245 SPRINGFIELD STREET
e.City/Town AGAWAM f.State MA g.ZIP 0100I
5.Project Location
a.Strect Address 245,227,225,223 AND 221 SPRINGFIELD STREET
b.City/Town AGAWAM C.Zip 01001
d.Assessors Map/Plat# I15 e.Parcel/Lot# 8/14;8/13;8/15,8/12;&8/11
f.Latitude 42,0882N g.Longitude 72.63764W
6.Dates
a.Date ANRAD Filed 4/4/2012 b.Date Public Hearing Closed 4/12/2012 c.Date Of Issuance 4/12/2012
7.Final Approved Plans and Other Documents
Plan Title Plan Prepared By Plan Signed By Plan Final Date Plan Scale
221-245 SPRINGFIELD STREET,AGAWAM,MA KEVIN KIE,RNAN 4/4112 1"=60'
B.Order of Delineation
1,The Conservation Commission has determined the following(check whichever is applicable)
a. F, Accurate:The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area
Delineation are accurately drawn for the following resource area(s):
1. F Bordering Vegetated Wetlands
2. fy Other resource w*s),specifically
a.RIVERFRONT AREA(I00'AND 20011); 100'BUFFER ZONE
b. I"Modified:The boundaries described on the plan(s)referenced above,as modified by the Conservation Commission from the
plans contained in the Abbreviated Notice of Resource Area Delineation,are accurately drawn from the following resource area(s):
1. r Bordering Vegetated Wetlands
2. !-"Other resource area(s),specifically
a.
c. l'inaccurate:-The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Recource Area Delineation
were found to be inaccurate and cannot be confirmed for the following resource area(s):
Page I of 3 *ELECTRONIC COPY
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection-Wetlands MassDEP File#:087-0588
WPA Form 4B - Order of Resource Area Delineation 'DEP Transaction#:464722
rs
Massachusetts Wetlands Protection Act M.G.L. c. 131 S40 Citytiown:AGA�rVAM
1. 1—Bordering Vegetated.Wetlands
2. F_Other resource area(s),specifically
a.
3.The boundaries were determined to be inaccurate because:
C,Findings
This Order of Resource Area Delineation determines that the boundaries of those resource areas noted above,have been delineated
and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act
(M.G.L.c.131,S 40)and its regulations(310 CMR 10,00).This Order does not,however,determine the boundaries of any resource
area or Buffer Zone to any resource area not specifically noted above,regardless of whether such boundaries are contained on the
plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation.This Order must be signed by a majority of
the Conservation Commission.The Order must be sent by certified mail(return receipt requested)or hand delivered to the applirtt A
copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office(see
http://www.mass.gov/d*abouVregionifindyour.htm).
D.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 DEP Regional
Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area
Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The
request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for
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 Depaxhnent???s Superseding Order of Resource
Area Delineation will be required to demonstrate prior participation in the review of this project.Previous participation in the permit
proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,
requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a
Superseding Order or Determination.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 Wedands Protection Act,
(M.G.L.c. 131,S 40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a
municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental
Protection has no appellate jurisdiction.
Page 2 of 3 * ELECTRONIC COPY
L11Massachusetts Department of Environmental Protection provided by MassDEP:
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 4B -- Order of Resource Area V`6z�'7.2.
Delineation eDEP Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town
E. Signatures r -/
Date of Issuance
Please indicate the number of members who will sign this for f. &berf Signers
Signature a on5e n m n Member Sig re of onservation Commission Member
7 �
Signature of Conservation ommission Member Signature onservation Commission Member
4-
Signature of Conservation Commission Member Signatu of servation Commission Member
Signature of Conservation Commission Member
This Order is valid for three years from the date of issuance.
If this Order constitutes an Amended Order of Resource Area Delineation, this Order does not extend
the issuance date of the original Final Order, which expires on unless extended in writing by
the issuing authority.
This Order is issued to the applicant and the property owner(if different) as follows:
2.❑ By hand delivery on 3.g By certified mail, return receipt requested on
ril 1
a. Date a_Date 10,
wpaform4b.doc•rev.12(23109 WPA 48.Order of Rewurce Area Delineation•PaQe 4 of 4
:ST rl f V o�`
clerks office
From: Michelle Chase
Sent: Tuesday, July 30, 2013 4:10 PM
To: Alan Sirois; Barbara Brizzolari; Charlotte Grondin; Christopher Golba; Deborah Dachos; Erik
Wight; Kevin Baldini; Laurel Placzek; Mary Hollister; Richard Theroux; Robert Campbell
Subject: 71 Springfield Street
Attachments: 71 Springfield St—scan.pdf; 71 Springfield St.pdf
Hi Everyone,
An Address Assignment is needed for the new Taequando business on Springfield Street. I've assigned "71
Springfield Street"to the new location. Please review the attached scan and form. Note, that we are only
assigning 71 at this time. I am not sure what we will do when the YMCA moves in, it will either need to be a 63
and 63A or the furniture store will need to be changed to 61 and the YMCA assigned 63.
Let me know if you have any issues or concerns with this assignment.Thank you!
Sincerely,
Michelle C. Chase,P.E.
Town Engineer
1,:413-821-0625
F� 413-821-0631
Agawam-Engineering Division
1000 Suffield Street
Agawam,MA 0 100 1
www.aeawam.ma its
Please consider the environment before printing this email
7/31/2013
jawlS plag6uiadS 6L"£
w, �+ls ram,---•,�
R£ 44,
i, ry
LD
° fV M N
FL12�
� cc b LL q
T? # I IS
r-
ixf g
ir
p
04
rt
y !y a
s
CDrt
W!
i i
4
rn --
rv" �
F
t
, y y
k _
t _�
f �a TowN OF AGAwAm
J ,►,
T `" STREETADDRESS
ASSIGNMENT/CHANGE
To: Christopher Golba and Mary Hollister, DPW
Kevin Baldini,Assessor's office
Erik Wight and Barbara Brizzolari, Building Dept.
Richard Theroux, Clerk's Office
Chief Alan Sirois, Fire Dept.
Chief Robert Campbell, Police Dept.
Laurel Placzek, Collector's Office
Deborah Dachos, Planning
From: DPW Engineering
Date: _July 30, 2013
Subject: Parcel ID: J15-1-1
Current Street Address: None
New Street Address: 71 Springfield St
Purpose of Address Assignment: Check All That Apply -
Building Permit
_ White Form
Form A-Parcel Boundary Change
x Other— New business—Taeguando _,,
Please alter the records in your department accordingly or contact us immediately if you have any
questions or concerns.
TowN OF AGAwAm
STREET ADDRESS
h•
ASSIGNMENT/CHANGE
To: Christopher Golba and Mary Hollister, DPW
Kevin Baldini,Assessor's office
Erik Wight and Barbara Brizzolari, Building Dept.
Richard Theroux, Clerk's Office
Chief Alan Sirois, Fire Dept.
Chief Robert Campbell, Police Dept.
Laurel Placzek, Collector's Office
Deborah Dachos, Planning
From: DPW Engineering
Date: _Jul 30, 2a13
Subject: Parcel ID: H7-1-3
Current Street Address: 449 Silver Street
New Street Address: 451 Silver Street
Purpose of Address Assignment: Check All That Apply -
Building Permit
_ White Form
Form A- Parcel Boundary Change
x Other duplicate— garage needs se arate address
Please alter the records in your department accordingly or contact us immediately if you have any
questions or concerns.
4
K..
g
IMPP
2 �.
2
21.78�SF ��
a
u
' IMF it
1t�9K411
f •i. ..'
4
g E i S � ."$". � ♦iF
w
449u
1-07 AC T - 9
sUSt.� 5f=
r R �■[ s��y ate'
a2_ac
j
31
The information depicted on this map is for f ac,q
planning purposes only. it is not adequate for legal boundary definition, regulatory
interpretation, or parcel-level analyses. 449 Silver Street t0 457
Silver Street
1:1200 TED �
7/3012013 412:10 PM V=100'
aal �pr��
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 87-282
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 Attorney Bradford Martin C, }
only the tab key Name Z —r
to move your Morrison Mahone LLP, 1500 Main St., Ste. 2400 n
cursor-do not Y..-use the return Mailing Address v
key. Springfield MA 0 -
Cityfrown State 53797 �rn
2. This Certificate of Compliance is issued for work regulated by a final Order
Conditions issued to: r1Q
Robert Conti
Name
10-24-89 87-282
Dated DEP File Number
3. The project site is located at:
221 Springfield Street Agawam
Street Address City[Town
115 8/12
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
_Robert Conti
Property Owner(if different)
Hampden Ext. Permit: 09746 4003
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpatm80.doc-rev 12l23109 WPA Form 98,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
Ll WPA Form 8B — Certificate of Compliance
87-282
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
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 completel and are released from this Order are-
1&1
1 r U
❑ 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:
A awam 1-12-12
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/findyo!jr.htm).
Signatures:
r.
wpairm8b.doc•rev.QJ2=9 WPA Form 8B,Cerfficate of Compliance•Page 2 0€3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
s7-282
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
D. Recording Confirmation J
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:A awam
Conservation Commission
Please be advised that the Certificate of Compliance for the project at'.
Taylor Rental ^� 87-282
Project location DEP File Number
Has been recorded at the Registry of Deeds of:
Hampden
County
fo r:
Property Owner
and has been noted in the chain of title of the affected property on:
Date 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
wpafrm86.ttac•rev.12MIG9 WPA Form 8B,Certificate of Compliance•Page 3 of a
I
ofAgawam
Town
� 1 36 Main Street Agawam, Massachusetts 01001-1837
Tel, 413-786-0400 Fax 413-786-9927
September 10, 2012
X Real Estate LLC
245 Springfield Street
Agawam, MA 01001
Dear Mr. Sarat:
At its duly called meeting held on September 6, 2012,the Agawam.Planning Board voted
C4
to approve the site plan entitled "Sarat Ford, 245 Springfield Street,Agawam, MA
01001",prepared by Forish Construction Co., Inc. and dated 80-15-12.
N -
If you have any questions,please contact.this office at 786-0400, extension 8738.
rn , }-
Sincerely, -�
Travis P. Ward,Chairman
AGAWAM PLANNING BOARD
TPW/DSD:prk
Cc; Building Inspector
Eng. Dept.
Town Clerk
File
Forish Construction Co.
Tow' n of Ag' aw.am
fy
�." 36 Main Street Agawam,Massachusetts 41001-1837
Tel. 413-786-0400 Fax 413-786-"27
May 24, 2010
Jose Faria
887 Buns Pit Road
Florence, MA 01060 .%
Dear Mr. Faria:
At its duly called meeting held on May 20, 2010, the Agawam Planning Board voted to approve
the Site Plan entitled "Renovation for, Jose & Maria Faria, Cheers Package Store, 416-418
Springfield Street, Agawam, MA 01001", prepared by Carmen Associates Architects and dated
4/12/2010,revised 5/13/10 with the condition that all professional staff comments be addressed.
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: Building Inspector, Engineering Dept., Carmen Associates, Town Clerk, File
p, TOWN OTC` AGr,A►.WAM
Department of Public marks
1000 Suffield Street Agawam, MA 01.001
Tel (413) 8210600 - Fax (413) 8210631
M% A,ntbony M.Sylvia,P.E. - Superintendent
MEMORANDUM
To: Planning/Carmen Associates Architects
CC: File
From- Engineering Department
Date: May 20. 2010
Subject: Site Plan--Cheers Discount Liquors—SP 549
Per your request, we have reviewed the Site Plan entitle"Cheers Discount Liquors--416 Springfield Street,
Agawam, MA; Prepared for: Jose& Maria 1{aria 416-41 S Springfield St Agawam, MA 01001; Prepared by:
Carmen Associates Architects, P. Q. Box 319 Granby, MA 01033; Scale: as noted;Date 04/12/2010," and we
have the following comments:
1. Please show fence around the dumpster.
2. Please show construction details for accessible parking spaces and handicap ramps_
3. The accessible parking signs are to conform to the design and verbiage specified in M.G.L. C.40 S.22A
and AAJ3 521 CMR 23.00. See attached-detail.
4. The proposed handicap parking spaces must match the.9 feet width of the proposed regular parking.
If you have any questions please do not hesitate to contact this division.
Sincerely,
Vladiynair CAceres Michelle C. Chase, P.E.
Civil Engineer Town Engineer
;_1sp1549 chests discount liquors-416 springfiold scrcctlmcmo l.Joc
,5/27/2011 09 : 08 FAX 4136210631 12002/004
ti
TOWN OF AGAWAM
q
Department of Public Warps
1000 Suffield Street - Agawam, NIA 01001
N. Tel (413) 8210600 - Fax (413) 8210631
Cbristopher Golba - Superintendent
MEMGRANDVM
To: Planning Board
CC: Pile
From: Engineering
Date: May 26, 2011
Subject: Site Plan for Casa di Lisa Springfield Street
Per your request, dated May 24, 2011, the Engi.aeering Department has reviewed the Proposed Outdoor Patio
Plan, dated May 5, 2011, submitted by Reinhardt Associates for the Casa di Lisa Restaurant located on
Springfield Street. Based on our review,we have the following Comments-
1- The additional parking proposed for the front of the building appears to be too close to Springfield
Street, A passenger car turning template was applied to determine if there was enough room for a car to
back out safely. According to our analysis, a car backing out of these spaces would be backing out
directly onto Springfield Street. This is a potential safety hazard for both parked cars and Springfield
Street traffic_
2. The rear.parking lot is laid out in such as way that it is awkward for a passenger car to exit the parking
lot. The car entering the parking lot would need to make a three-point turn in order to leave. The
Engineering Dept_ recommends that three parking spaces be removed: the northern-most angled parking
space on the west side of the lot and the two northern-most horizontal spaces in the center of the lot(see
attached plan). The removal of these tbree spaces will allow for a circular vehicle path, making it easier
for cars to exit the parking lot.
3. The additional horizontal parking space proposed for the rear parking lot would decrease the width of
the travel aisle to only 17 feet. This is too small for two-way traffic. This travel aisle should be one-
way only.
4. The Engineering Dept. requests that a detail of the proposed concrete walk to be-located on the western
rear side of the building be submitted. Based on the site plan, it appears that this Walk would be at a
high enough elevation that handrails would be required. Engineering would need a detain to confirm
this.
Engineering reserves the right to make additional comments based on project revisions and as additional data is
received,
If you have any questions or comments, please do not hesitate to contact me at(413) 821-0628.
'MRa"C
A .k
:w
MAY T RrC'D
CONSE i;VrJ10-
1
j/27i'2011 08:08 FAX 4138210631 ?003/004
Sincerely,
or.
�
Michael F, Albro, P.E. Michelle C. Chase, P.
Assistant Town Engineer Town Engineer
l
1&004/004
08 ;08 FAX 4138210831
-T t:20 MAX. MCUNED CONCR
FROM NEW MNCRETE LANE
EXIST, WALK
�V
' REMOVE EXU'. ,GONG. AND
NEW CONCR E LANDING Lf
EXW. ASPHALT PAVEMENT
Now
r'h
EB
00 0
0 a NEW HANDICAP
()I >_a 0 SPACE
a o o
a a
a
THIRTW ` WO (32) SEAT QI
PATIO (32' x & INTERIOR
BETWEEN PLANTERS)
fbb '
ED
NEW PARIfING
EA ^ SPACE
-0 sa d; L LS A
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
June 3, 2011 MX
i ZEI
ca y.r"
Frank Bruno 3:X
=
Casa di Lisa Restaurant 3 cn� y.Q
801 Springfield Street
Feeding Hills, MA 0103 0
Dear Mr. Bruno:
At its duly called held on June 2, 2011 the Agawam Planning Board voted to approve the
Site Plan entitled"Casa di Lisa Restaurant Patio Addition", 801 Springfield Street,
Feeding Hills, MA,prepared by Reinhardt Associates and dated 05-05-11 with the
following conditions:
■ a copy of the written agreement with the Agawam Housing Authority giving
permission for use of up to 30 parking spaces shall be provided to the
Planning Board;
■ the attached Engineering Department comments dated May 26, 2011 are to be
addressed;
■ the dumpster shall be screened or fenced;
■ three sets of the revised plan shall be submitted to the Planning Board for their
signatures.
If you have any questions, please do not hesitate to contact this office at 786-0400,
extension 283.
Sincerely,
- t�,�, ' D Ub
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
Cc: Reinhardt Associates, Building Inspector, Eng. Dept., iClerk, File
TOWN OFAGAWAM
36 MAIN STREET
AGAWAM,, MA 01001
BOARD OF APPEALS
May 5, 2008
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Conference Room, 750 Cooper Street, Agawam, MA, beginning at 6:45 P.M., Monday, June 9,
2008 for the following:
Case#: 1829
Petitioner: Roger S. Gosselin
Address: 1040 Springfield Street
Reason: Seeking a Variance from Section 180-44, Paragraph C of the
Zoning Ordinances, which would allow for the continued operation
of a machine shop at the premises identified as 1040 Springfield
Street.
Advertised: May 22, 2008 and May 29, 2008
Doreen Prouty
Chairperson
DP/jb
co
x-E
c.n c
l
TOWN OF AGAWAM
36 MAIN STREET
7� AGAWAM,, MA 01001
ry+ ��;
BOARD OF APPEALS
�4 E
May 5, 2008
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Conference Room, 750 Cooper Street, Agawam,MA, beginning at 6:45 P.M., Monday, June 9,
2008 for the following:
Case#: 1829
Petitioner: Roger S. Gosselin
Address: 1040 Springfield Street
Reason: Seeking a Variance from Section 180-44, Paragraph C of the
Zoning Ordinances, which would allow for the continued operation
of a machine shop at the premises identified as 1040 Springfield
Street.
Advertised: May 22, 2008 and May 29, 2008
Doreen Prouty
Chairperson
0
co
DP/jb 3
D r
V I • F.,.
TOWN OF AGA WAM 4 #
36MAINSTREET
AGAWAM, MA 01001 /8
r
DECISION OF BOARD OF APPEALS
D�P r
`- -x
Petition of: Roger S. Gosselin C-Ln
- J
Premises affected: 1040 Springfield Sreet -� J
Date: June 9, 2008 ry Cn {
(,n
Case#: 1829
The Board of Appeals conducted a public hearing and meeting on June 9, 2008 at the Agawam Public J
Library Conference Room, 750 Cooper Street,Agawam, MA for all parties interested in the appeal of {
Roger S. Gosselin, who is seeking a Variance from Section 180-44, Paragraph C of the Zoning
Ordinances, which would allow for the construction of an addition to a non-conforming residential J
structure with less than the continued operation of a machine shop at the premises identified as 104 J
Springfield Street. {
After the public hearing and a thorough review of the facts presented, the Agawam Board of Appeals
made the following findings: J
1. The subject property is located in a Business A zoning district. J
2. The petitioner's business consists of light machining,metal work and toot design.No heavy {
manufacturing is performed, and employs three (3) full time employees. {
3. Massachusetts General Laws, Chapter 40A, Section 7 allows for the continuance of a non-
conforming use if such use is in accordance with a permit issued by a duly authorized official. J
4. The subject property has been operating as a machine shop since 1977 by virtue of a Variance, Case J
# 899. I
Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals J
to grant a variance from Section 180-44, Paragraph C of the Zoning Ordinances of the Code of the Town J
of Agawam.
Now,therefore, by a unanimous vote of its three members,the Zoning Board of Appeals hereby grants {
the petitioner a variance for the continued operation of a machine shop subject to the following {
conditions: I
1. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Variance" J
form,which shall be provided by this Board of proof of said filing must be submitted to this J
Board and to the Inspector of Buildings. J
2. This variance is not transferable, and changes in ownership shall require the new owner to seek a
Variance prior to beginning operation of the new business. J
Doreen Prouty Joseph Conte �°��jl"' James Marino {
1 I
13 L10 S lijlc E1 A--7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions 87-0557
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 Jay Lefebvre, Coyote Realty LLC
computer, use
only the tab Name N
key to move 7 Mosher Street
your cursor- Mailing Address q. j
do not use the West Springfield MA 010
return key. Cityfrown State _.. Zip.,._
w a
� 2. Property Owner(if different):
same
Name
ravau .�
Mailing Address rn
CityfTown State Zip Code
B. Authorization
The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on:
4-23-09 (amended 8- Issued by: Agawam
12-10 Conservation Commission
for work at: 1340 Springfield Street E10 2/21
Street Address Assessor's MaplPlat Number Parcel/Lot Number
recorded at the Registry of Deeds for:
Ham den 18422 539
County Book Page
Certificate(if registered land)
is hereby extended until: April 23, 2014
Date Date the Order was Jast 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.massgov/dep/aboutiregion/findyour.html
April 12, 2012
Signatures: ate
wpaformTdoc.rev.3/112010 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 87-0557
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 tinder
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:
1340 Springfield Street 87-0557
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
wparormTdoc•rev.3/1/2010 Page 2 of 2
cS/.
TOHW OF AGAtWAM
CONSERVATION COMMISSION
Ni 36 MAIN ST.,AGAWAM, MA 01001
�- T86-0400, ext. 245
July 23, 2010
Jay LeFebvre
Q
Coyote Realty --
7 Mosher Street
West Springfield, MA 01089 �✓
RE: File 487-0557
Dear Mr. LeFebvre: ry
At its duly called meeting held on July 22, 2010,the Agawam Conservation Commission voted
to allow for an amendment to the Order of Conditions for 1340 Springfield Street. A public
hearing on the Amendment will be scheduled for August 12, 2010.
If you have any questions, please contact this office at 786-0400, extension 245.
Sincerely,
� Y �
Fred Harpin, Acting Chairman .
AGAWAM CONSERVATION COMMISSION
FH/DSD:prk
cc: JR Russo &Associates, DEP, Town Clerk,File
Tower. of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
November 22, 2013
Stop& Shop Supermarket Co.
1385 Hancock Street
Quincy, MA 02169
To Whom It May Concern:
At its duly called meeting held on November 21, 2013 the Agawam Planning Board
voted to approve the addition of a 300 SF platform and 100 SF landing off of the exisrmg
loading dock at the rear of Stop and Shop, 1282 Springfield Street, Agawam. This war
is hand-drawn on a plan entitled "Parking Layout&Roadway Improvements Plan', S
& Shop Supermarket, Agawam, MA with the condition that the November 21, 2013 v
Engineering Department comments and November 5, 2013 Agawam Fire Department
comments (both attached) are to be'addressed.
If you have any questions, please contact this office at 786-0400, extension 8738. w
Sincerely,
a
Mark Paleologopoulos,Acting Chairman
AGAWAM PLANNING BOARD
MRP/DSD:prk
Cc: R. Gallagher, TeamWorks
Bldg. insp.
Eng. Dept.
Town Clerk
File
TOWN OF AOAWAM
Department of Public Works
1000 Suffield Street • Agawam,MA 01001
Tel (413) 8210600 a Fax(413)8210631
Christopher J.Golba . Superintendent
DEMO UM
To: Plaxming Board .. ..
CC: File
From: Engineering Division
Date: November 21st,2013
Subject: Stop and Shop Loading Dock
Engineering has no issiues relating to the proposed changes to the loading dock at Stop and Shop. We have
provided Jones Lang LaSalle with the attached schematics of street signs that need to be replaced and they
have agreed to implement our request in the project plans. We requested that Stop and Shop update these
signs to maintain compliame with the original site plan and to comply with current MUTCD and
retroreflectivity requirements.
Sincerely,
Cole Fltzpa�rick,E.I.T. _ MicheRe C.Chase,P.E.
Civil Engineer I Town Engineer
sAjp1=atop and*op*V and chop pw 21 mamo.doc
(DO Southwest Exit
fir
1. 41r � o� -N.�4.,n •""+.e•'w Y^� ..~�'��.
tit
Rnnmm ftkl SRp
Qo Mot 6nri,Step and Na left 74m can aA b*pla le Same pcSt
(DID ScurbasitErvenWEXt
O® 1 �
lift
t �
�..__
1 � aaa atmr , b
ft r 'l
At.—
• r, .
;;w �„'""� mar AM
Oo Not FAW,Stop Syn mW no laftTwna 6 0 be--**d v,,tsC4 vast
AGAW M FIRE DEPARTMENT
800 MAIN STREET,AGAWAM,MA 01001
TELEPHONE (413) 786-0657 FAX(413) 786-1241
m
ALAN SIROIS,CHIEF OF DEPARTMENT afdchief@agawam.ma.us
BERNARD J.CALVI,DEPUTY CHIEF afddeputy@agawam.ma.us
BRIAK KEEFE,DRILL INSTRUCTOR afdtraining@agawam.ma.us
Date:November 5,2013
To: Deborah Dachas,Director, Planning and Community Development.
From: Alan Sirois, Fire Chief
Subject: Site PIan—Stop& Shop—Springfield Street
Dear Director Dachas,
I have reviewed the site plan for Stop& Shop on Springfield Street sent to me from your office
in a memorandum dated November 4,2013.
I have noted that the project includes erection of a canopy 1 roof above the loading dock to be
constructed.Please be advised that NFPA 13 "Standard for the Installation of Sprinkler Systems"
requires that covered platforms, loading docks and similar areas be protected by a system of
automatic sprinklers.
Feel free to contact my office with questions or concerns.
Very T Yours,
Sirois, Fire Chief
Nit cl 16fLr To h 0
TOWN of AGAWAM
CONSERVA77ON COMMISSION
36 MAIN ST.,AGAWAM, MA 01 001
786-4400, ext. 245
January 18, 2011
n
John Nadolski
W&I Construction Co., Inc. G'3
37 St. Jacques Avenue
Agawam, MA 01001 �.
a
Dear Mr.Nadalski:
In
At its meeting held on January 13, 2011, the Agawam Conservation Commission once `` rn
again continued the public hearing on your Notice of Intent for property on St. Jacque
Avenue. The Commission expects that the issue with the Tax Delinquent List be
addressed prior to the next meeting (January 270). Please be advised that the Town
Ordinance allows the Commission to deny or reject a permit if the applicant is on the
Delinquent Tax List.
If you have any questions,please contact this office at 786-0400, extension 245.
Sincerely,
Henry A. Kozloski, Chairm
AGAWAM CONSERVATION COMMISSION
HAK:prk
Cc: Pioneer Environmental
DEP
Town Clem
File
LAD
�rn
�„ 3x
TV '�
c=s
rn
Massachusetts Department of Environmental Protection Provided by Ma DEP:
Bureau of Resource Protection -Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Cityfrown
A. General Information
Important. Agawam
When filling 1. From: Conservation Commission
out forms
on the 2. This issuance is for a. ®Order of Conditions b. ❑ Amended Order of Conditions
computer, (check one):
use only the
tab key to 3. To: Applicant:
move your
cursor-do John Nadolski
not use the a.First Name b.Last Name
return key. W&I Construction, Inc.
a Organization
VQ 37 St. Jacques Avenue
d. Mailing Address
11 Agawam MA 01001 _
e.Cityrrown f.State g.Zip Code
4. Property Owner(if different from applicant):
David Ratner
a.First Name b.Last Name
c.Organization
151 Springfield Street
d.Mailing Address
Agawam MA 01001
e. City/Town f.State g.Zip Code
5. Project Location:
St. Jacgges Avenue Agawam
a.Street Address _ b.City/Town
17 1/7
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 04203'm21.78"Ns 07208'm7.51"Ws
d. Latitude e. Longitude
wpaform5.doc• rev.12/23/09 Page 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 - Order of Conditions Mass,DEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
CityfTown
A. General Information (cont.)
B. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Hampden _ LC 22983
a. County b.Certificate Number(if registered land)
c.Book d.Page
7. Dates: October 4, 2010 April 14, 2011 April 28, 2011
a. Date Notice of Intent Filed b. Date Public Hearing Closed c. Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Proposed Site Improvement Plan Lot 5 St. Jacques Avenue, Agawam, MA for W&I
Construction, Inc.
E=catee Environmental Associates, Inc. Gary P. Weiner, P,E.
b.Prepared By c.Signed and Stamped by
September 2010 1"=40'
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 c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. ❑ 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.
wpaform6.doc• rev.12/23M9 Page 2 of 12
l
Massachusetts Department of Environmental Protection Provided by MassdEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam _
Cityffown
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
until 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 Act's 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 CMR 10.05(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
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c!y dredged f,cty 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
wpafarmadoc• rev.12I23/09 Pegg 3 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 87-0575
LI) i
WPA Form 5 - Order of Conditions Mass°EPi=lie#
Massachusetts Wetlands Protection Act M,G.L. c. 131, §40 eDEP Transaction#
Agawam
City/Town
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
9. ❑ Riverfront Area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-
200 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)
10. ❑ Designated Port Indicate size under Land Under the Ocean, below
Areas
11. ❑ Land Under the
Ocean a.square feet b.square Feet
c.Gy dredged d.dy 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
M ❑ 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.c/y dredged d.Gy 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.c!y dredged b.ray dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpafom,5-doc• rev.12I MO Page 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Cityfrown
B. Findings (cont.)
22. ❑ Restoration/Enhancement:
a.square feet of SVW b.square feet of salt marsh
23. ❑ Stream Crossings):
a.number of new stream crossings b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the 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, piaster, 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.
wpeform5.doc• rev.12/23/09 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
LlBureau of Resource Protection - Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP 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 87-0575 "
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.1212=9 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File#
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Citylrown
C. General Conditions Under Massachusetts Wetlands Protection Act(coat.)
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 line 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 place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
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;
//i. 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.doc rev.12123M Page 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDER
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Agawam
City/Town
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 O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaforms,doo- rev.12n3ro9 Pago 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP.-
Bureau of Resource Protection - Wetlands 87-0575
r WPA Form 5 -- Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Cityrrown
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, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
1) Access for maintenance, repair, andlor 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 special conditions.
wpaform5.doc• rev.12123M9 Page 9 of 12
TOWN OF AGAWAM,MASSACHUSETTS
CONSERVATION COMMISSION
ORDER OF CONDITIONS
#87-0575 - St. Jacques Ave. - W&I Construction
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. In advance of any work on this project, the applicant shall contact the Conservation
Commission and arrange a conference between the Commission, contractor,
designer/engineer, and applicant. The purpose of this conference is to insure that all of
the Orders are understood. This conference shall take place at a regularly scheduled
Commission meeting. All other local and applicable permits must be obtained prior
to this meeting.
24. 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.
25. 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.
26. The project engineer/designer shall be held responsible and accountable for the true and
accurate implementation and construction of his/her design or plan. Should any
accidental deviation from the approved plan occur, the engineer/designer shall notify the
Commission immediately to determine if a new Notice of Intent is required. If any
changes to the approved plan are anticipated, the engineer/designer shall likewise notify
the Commission to determine if a new Notice of Intent is required. In any case the
Commission may deny any deviation, accidental or intended, from the approved plan.
27. 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.
28. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other
pollutant into any area of statutory interest.
29. 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.
30. No creosote shall be used in any areas of statutory interests. An Environmental Impact
Statement of any alternative preservative shall be submitted to the Commission prior to
the start of construction phase.
31. The boundary of the area of statutory interest shall be clearly marked by wood stakes at
least three feet long (at least the top six inches marked with day-glow type paint or tape).
Maximum spacing between these stakes shall be twenty-five feet.
32. 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.
33. 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.
34. 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.
35. Periodic maintenance/cleaning of the infiltration trench shall be conducted by the owner
and all successors in interest or control of the property. The applicant, his successors or
assignee, shall have the continuing responsibility of this maintenance and shall submit to
the Conservation Commission on a yearly basis confirmation that the trench has been
cleaned is operating properly.
36. 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."
37. 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.
38. 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.
39. 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.
40. 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.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 -• Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Cityrrown
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 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):
wpeform5.doc• rev.1212=9 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File#
Ll #
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Agawam
Citylrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special 4-28-11
condition pursuant to General Conditions#4,from the date of issuance. t: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. Number of Signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
❑ by hand delivery on ® by certified mail, return receipt
requested, on
April 29, 201_1
Date Date a
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 band delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department's Superseding Order associated with this appeal
will be required to demonstrate prior participation in the review of this project. Previous participation
in the permit proceeding means the submission of written information to the Conservation
Commission prior to the close of the public hearing, requesting a Superseding Order, or
providing written information to the Department prior to issuance of a Superseding Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act(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.
wpaforrn.5.doc- rev 12123/09 Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 87-0575
WPA Form 5 — Order of Conditions MassDEP File
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:
St. Jacques Avenue 87-0575
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
wpaformEdoc• rev.12f23109 Page 12 of 12
n
r7l
=• v
7
70 tr_
rn
3�
Massachusetts Department of Environmental Protection ? :KC.A
Bureau of Resource Protection - Wetlands DEP Fiaumberc)
' WPA Form 8B — Certificate of Compliance
87-4
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Povidldtly DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use James Hartmann, Principal Land Agent, Tennessee Gas Pipeline Co.
only the tab key Name
to move your 8 Anngina Drive
cursor-do not -- -use the return Mailing Address
key. Enfield CT 06082
Crtyfrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Tennessee Gas Pipeline Co.
Name
5-28-98 _ 87-426
Dated DEP File Number
3. The project site is located at:
_Suffield Street& Shoemaker Lane Agawam
Street Address City/Town
Assessors MaplPlat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Hampden 10439 269
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Date
wpafrm8b.doo•rev_12123/09 WPA Form 813,Certificate of Compliance•Page 1 of 3 .
L
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form SB -- Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification
Check all that apply:
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:
Agawam 3-24-11
Conservation Commission Oate 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.govldeplaboutireciion/findyour.htm).
Signa res:
c�
wpafrm8h.doc.rev.12l M9 WPA Form 8g,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 87-426
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.
70: ---------- -----------------•---•----------------------------------------------------------------
A awam
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
Suffield St. & Shoemaker Lane 87426
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 on:
Date 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.doc•rev.12/23109 WPA Form 8B,Certificate of compliance•Page 3 of 3
J
ep�A Tennessee
Gas Pipeline
an El Paso company
,SAW
T�x?ti J-4 61 95 f f1"A tC
May 23, 2011
Re:Tennessee Gas Pipeline 2011 VMP
Dear Municipal Official:
In compliance with 333 CMR 11.00, 1 am sending you the Notice of Approval from the
Massachusetts Department of Agricultural Resources for Tennessee Gas Pipeline's 2011 Vegetation
Management Plan.The plan can be viewed electronically at the following website (hard copy(s) available
upon request):
http://www.te n nesseeadvanlffe.com EnvironmentaIPro'ectNotifications.as
Please contact me with any questions or to request hardcopies.
Sincerely,
i
Steve Morawski
Principal Environmental Representative rf
Enclosures: VMP Notice of Approval 3 n�
Notice Sent to: Chief Elected Municipal Official t'1
Board of Health
Conservation Commission emu'
N y-n
Cr n
rn
Tennessee Gas Pipeline
B Anngina Drive Enfield,Connecticut 08082
tel 860.763.4081
r —
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Department of Agricultural Resources
ki 251 Causeway Street, Suite 500, Boston, MA 02114 DA R
617-626-1700 fax: 617-626-1850 www.mass.gov/agr 'h, WASSAC14USMS OEPAASMEIn
OFAQRICULTURALRE50URCE5
DEVAL L. PATRICK TIMOTHY P. MURRAY RICHARD K. SULLIVAN JR. SCOTTJ.SOARES -`
Governor Lieutenant Governor Secretary Commissioner
Stephen Morawski
Tennessee Gas Pipeline Company
8 Anngina Drive
Enfield, CT 06082
May 5,2011
Dear Mr. Morawski,
Pursuant to 333 CMR 11.05 (5)(c)notice of approval of the Tennessee Gas Pipeline Company,
Vegetation Management Plan (VMP) as modified and recommended for approval by the attending members
of the VMP Panel is hereby given. Copies of the approved VMP should be mailed to the Chief Elected Official,
Board of Health and Conservation Commission of each municipality covered by the plan.
This approval is subject to all the provisions of(333 CMR 11.00-all). It will remain in effect for the years
2011 through 2015, unless suspended, revoked, or modified.
Please be advised, any violations of the Massachusetts Pesticide Control Act,MGL,Chapter 132 B or
the Regulations promulgated thereunder,333 CMR inclusive,may subject the responsible party or parties to
agency action and referral of this matter to the Office of the Attorney General, Commonwealth of
Massachusetts or the local District Attorney's office for civil or criminal prosecution, y
Thank you for your time and efforts in this program. aq
Cn n r n
Sin rely, 3
3 3 tip
N �p
"T1
G? �F
Scott J. Soa s
Commissi r
Town of Agawam
r
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
co
September 19, 2008
-r.•r
Edward Oczkus = r'
Oczkus Electric Co. cD _
78 High Meadow Drive co
West Springfield, MA 01089
Dear Mr. Oczkus:
'At its duly called meeting held on September 18, 2008, the Agawam Planning Board voted to
approve the revised lighting at 302 Suffield Street to allow two pole lights in the parking lot as
shown on the attached plan.
If you have any questions, please contact this office at 786-0400, extension 283.
Sincerely,
Violet Baldwin, Acting Chairman
AGAWAM PLANNING BOARD
VB/DSD:prk
cc: Dr. Walz
Building Dept.
WE veering
n Clerk &File
Oczkus Electric Co. 23 August 2008
78 High Meadow Dr.
W.Spfld., MA 01089 Office-413-737661 S
Fax-413-7465891
Master Electrical Lie#'s
MA-A-6246
CT-E1-180411
To:
Agawam Planning Board:
Subject: Parking lot lighting for 302 Suffield St., Agawam, MA.
We submit changes to the parking lot lighting. We have had the parking lot lighting
engineered and find we only need 2 pole lights. The pole lights are to be the same. We
will use the same fixtures as attached. Also enclosed are the locations for the poles.The
lighting level will he the same.
Should you have any questions, please call.
Sincerely:
Edward Oczkus
Cell phone-3486280
AUG 2008
'RQP)
? (PRO(P ) �G/ 0 � Zk 05
132.8 PROP
BUT 133.0 (PROP.)
"��,lJ�s i�• e �
ROP) C L.S V G t�
(PROP) 838 MEMORIAL AVENUE
132.8 (PROP) WM SPRINGFIELD, MA 01089
PROPOSED PROPOSED
DUMPSTER El6f{; {TYPICAL)
ENCLOSURE i �
B' VINYL c, pft
PACWSANORA OR OTHER 7 � 5 C PROPOSED
SWICAR GROUND COVER 4 F DO N T ENTER C�l6-3
VEW EhfGU1N�D TELEPI{Qi�E G8 3
TELEGRAPH COMPANY / 1360.0
' rt
Q fo m
�•�$ �i , ^'t Q ��� - ..
w
CB 2
r } 1 4N ..
=f 0'
SIDES)
S
} r NSF
SED A J� EMD CORP.
} � LAWN (v Q
Z
n
(; ra ASPHALT
jS; t 1?
q ��
Catalog Number
�� L/Tf�17lV/.41/GHTI1irG�
Mates Yype
FEATURES & SPECIFICATIONS
INTEt1DfDUSE
(deal for parking areas,strsat li hUn ,wal • •
9 g kways and cartats.
GQf4StRl1CT1oN
Augged,dracastsoftcarneraluminumhousngwilhUt7nomnafwailthickness.f?iecastdoar So{( Square Lighting
frame has impact-resistant, tempered,glass lens that is hdly gask4ted Will one-pieta tr:bular
silicone.
FINISH MD
Standard flaish is dark bronze ipgBl polyester powder finish,with othararchitaeluraf colors
available.
QF7ICALSI'STE191
Anodized,aSuminum hydroformed reflectors:IES full cutoff distributions R2 fasymmetric),R3
(3symmeU'i0,R4{(orward thfOW1 and 85S Isgasre)are interchangeable.High-performance
anodized,segmented sfuminum reflartnrs IES full cutoff distriburtiaas SR2;asymmav3al,SM METAL HALIDE
[asymmetric)and Sfl4SC(forward throw,sharp cutoff).Segmented reflectors attach with 70W-40OW
tool-}ass fasteners and are rotatable and interchangeable. lliCslI PRESSURE SODIUM
ELECTHICALSYSTfM
Ballast high reactance,high power factor far 70.154W.Constant wattage eutatransformer 70W-40OW
far 175-400W.Mewl haAde150W and below are standardwithpulse-start ignitor technology, gpBe!>trarions 20'to35'Mounting
super CWA pu)se-start ballast required for20uW,3ZOW and 3WW(SCWA option$.Bahast is
copper-wound and 100%factory-tested. EPA:1.2 ft., T
Socket:Porcelain,horizontally oriented medium base socket for 70-15uvv and mogul huge *Weight 35.9 Ihs(16 Z8 kBj
socketfor175W and above,w10 copper allay,nickel-plated screw shell and center contact.
UL listed 1500 W,800V. length;17 if2'144.5 tml (18,1 cm)
LISTING Nt{d1h:1?-112'144,5 cm)
UL listed(standard}.GSA Certified Ises Options}.UL listed for 25°C ambient and wet Depth:7-Mr(18.1 CM) fI
focaticns.IP85 rated in accordance with standard IEC 513. 'Weight as configured in r a-�1T1j2•�
Specificadans subiact to change without notice, example below. (10-2 cmi (44.5 rant
ORDERING INFORMATION For shortest lead times,configure product using standard options (shown in bold).
Example:KAD 400M R3 TB SPW LPI
KAD z s-0 7V 5PP o y
alias Wattage Voltage Mounting Ballast Options Lamp"
KAD MPW Nth 120 TX" Lenatbrl (blank(Magnetic: 6N2P&d installed in fWwa LPi Lamp
h&IWD J2rpg5yre 2081 SPD_ Square 04 4°arm hallast SF Single fuse 17A,277,3471114 included
70Mc,7,3 sodium Z40' pole 15 8"arm CWf Constant OF Double fusa 2{18Lou,240,48014 W Le
100Mt 70S2 RPD� Round wattage PO Power traits lamp
150M3 Was 277 pole 09 9"arm isolated PER NEMA twist-Ilick recap-175MI 1.ri0S2 34 WBD_Wall 12 IT= P S lade only Ino Finish"
007bracket �'�r photocantroll (blank) Dark
CO _
2001�04 S TOO WWD Woad QRS Quartz restrike systemis brolrre
25 M 4QIillS iBV 9 p CWA Pole or SGWA Super QRSTD QRS time deley7a-ta DWH White
320M4 23050HZto wall pulse WTB Terminal wiring block's D6L Black
35BW DAD12P Degree arm start HS House-side shield DARE Medium
4(KIW Ipolel1i ballast CSA CSA Cextiffed bronze
DA912WB Degree arm NOTE:SCVdAbelfast Shiaaad sewiral2w�?
Distribution iWagl1T mustbeseluctadto PE1 NFMA twist-lack-PE ilm, DNA Natural
RIBA Decorative rra{[ caraphywith 2D8,24OV) aluminum
Hydraformedre.�tectars NEMA twist-lock PE 1347V)
PE3
R2 IES type ill asyrnrneWCO bracket"," CaliforniaTdle20
A KMA Mast arm metalhalida PE4 1VEMA twist-lock PE(4$010
R3 IES typo III asymmetric Mast arm
fitter metalregul alfria CWA PE7 NEMA twist-lock PE 1277V)
R4 IESty eIVforwarti extarelsamayberegWA SC Shortening cap for PH
throw KTMB Twin mounting option
R5S IES bar terse lions. artsustates' -1lCr;-Vandal guard y
type V square regulakans.Cansuit WG Wire guard
m Segented renactars 9 Optional five-tap ballast 020,200,240, local authorities. NIGH711ME
SR2 IES type B asymmetries 2}7•4WI. FRIENDLY
SR3 IES ell(85 metrics 10 Consult factory for available wattages. Cwuu entw rh tEE6'gosra
type ym 17 9'arm is requirad when two at more _ 6Gnn,ecohes`ai�na
SR4SC IES type IV forward throw luminaires are oriented on a 90° fa rgM patutlan red to
drilling pattern.
NOTES: 12 Ships separsiely. Accessories
1 Not available with SCWA. 13 Available with SPD04 and 5Pp09. order as separate catafag nmbw.
2 Not avai(ab(swith 480V. 14 Must specify vnitage.TWA with T8, Tenon Moaaflog Slipfitter Numhuof ftwes
3 Not avallable with TEIV, 35 Only avaitaWs,with SR2,SM,&SF14SC
4 Must be ardared with SCWA. optics. Tenon D,D. One Twa@180° Twaf90° ThweC12e°.Threeg94° Four(gBB'
5 Reduced jacket ED28 required for le Max e9owa6fa wattage lamp included. 2-318` T20-190 T20.280 T20-290Z9 T20-320 T20.39020 720-4%za
SR2,SR3 and SENSG apttcs, 17 May be ordered as an accessary. 2-71T T25-18D T25.260 T25-290M 725-320 T25-39020 T25.49070
6 House-side shield available. la Sae www.lfthania.ccmfarcbolors far 4• T35-190 .T35-280 T35-2902a T35-320 T35-39020 T35.49011
7 Must specify CWI for use in Canada. additional color options.
8 Optional multi-tap ballast 1120,208, 19 Must be specified. KADVS Vandal guard
240,277V;in Canada:120,277,347V(. 20 Mustuse(IF009 KADWG Wire guard
Outdoor Sheet##-.KAD-M-S AL-370
's
KAD 400M Arm-mounted Soft Square Cutoff
Coefficient of Utilization
Initial Faotcandles
KAD R2 Test no. 1193083101 KAD R3 Test no.1192040902
COEFFICIENT OF UTILIZATION - COEFFICIENT OF UTILIZATION
0 .i 2 .O 4 -5 .6 9 .1 .2 3 ,4 .5 .B
2 2
z =
z z
0 a 0
o �
S 1 25 t o
�.5 F
r
os 2
2 = O,g
a.z_ 1 w D.25
3 F 3
o I c
4 I 4
a 1 2 3 4 5 6 a 1 2 3 4 5 9
40OW Metal Halide lamp,32,000 rated lumens, 40DW Metal Halide tarhp,32,OODrated Ibmem
Footcandle values based on 30'mounting height, Footcandle values based on 30'mountng height:
Dishibutian Type II,cutoff, Distribution Type III,cutoff.
KAD R4 rest no. 1191110101 KAD RMS Test no. 1192061101 KAD RSS Test no. T193111901
GnEFF1CIENT OF UTILIZATION COEFRCIEUr OF UTILIZATION COEFFICIENT OF IrrILIZATION
0 .1 .2 .3 .4 .5 .6 1 .1 2. .3 .4 .5 .0 O A .2 .3 .4 .5 .6
2 2 2
r
x x
re, co
O z O i a
z 4 _
� = 5 z
� o
2. 1 0 V2.5 o
4.9
2
z ? z
1 1 2� 6.2 z
6.2 0.1
08?t 3 D. 3 3
y IL w �
4 c 4 4
D 1 2 S 4 5 9 O t 2 3 4 5 6 0 1 2 3 4 5 6
40OW Metal Haffda lamp,32,090 rated lumens, 40DW Metal Halide lamp,32,OM rated[omens, 4DDW Metal Halide lamp,32AM rated lumens,
Footcandle values based on W mounting height, Foatcandle values based an 30'mounting height, Footcandle,values based on W mounting height,
Distribution Type IV,cutoff. Oistributiun Type IV,cutoff. ➢istributian Type V,cutoff.
Electrical Characteristics
Una Current Primary
Primary {Amps] dropout Input Power Regulation Mounting Height Correction Factor
Wattage/ballast voltage Start/Operating voltage watts factor(%) Line V=Lamp lumens (Multiply the fc level by the correction factor)
120 2.50/4.00 55 25 ft.-1,44
4DOCWA 208 1.45/23O 95 3S it..D.73
Peak-lead 240 1.25/2.00 11D 455 30) ±10%=±101 40 ft.-.55
Autotransiormer 277 1.10/1.75 125 2..
480 .7311.00 225 Existing Mounting Height Correction Factor
Tested to current IES and NEMA standards under stabilized laboratory conditions Various operating lactors can N9WMountIrLgTFG1gfff_ }
cause differences between laboratory data and actual field measurements.Dim ansions and specificefans on this
sheet are based an the most current avagable data and are subject to change without notice.
NOTES:
I Photometric data for other distributions can be accessed from wovw.lfitlaaia.cem.
1.17 N,CM,1� LAGHMVL3® L'IthoniaLighting
Outdoor
AnSA,tufty&ands Company One L'dhonis Way,Conyers,GA3CO12
Phone:770-92Z-9000 I`=TIO-918-1209
Sheet P KAD-M-S ®2097 Acuity Brands Lighting,Inc.,Hev.113DO waMAithgaia.com
I
i
T
Square Straight Steel
SSS
Features Anchor Bolts-Top 12"galvanized per ASTM A- Top Cap-Topcapisprovided for drill-mountp
Shaft-Weldable grade,hot-rolled,commercial- Ing Made u n-yi ld tr diameter steel rod hav Finish-Mustspecifyfinish.
quality carbon steel tubing with a minimum ing a minimum-yield strength of 55,0013 psi.
yield of 55,000 psi (11-gauge), 50,000 psi (7- Grounding-Nut holder located immediately in-
gauge).Uniform wall thickness of.125" or.T88", side hand-hole rim is tapped for a 1/2"-13 UNC
Shaft is one piece with a longitudinal, electric, ground bolt and nut(provided byothers),
resistance weld. Uniformly square in crass-sec
Hand hole - Rectangular, reinforced hand
tion with flat sides,small corner radii and excel-
lent torsional qualities. Available shaft widths hole rim having nominal dimensions of 3`6' Express delivery producls.
are 4,5 and 6 inches. for all shafts. Included is steel cover with at-
See pagel l fordetails about LightOuick XD.
tachment screws. �
Anchor Base-Fabricated from hot-rolled carbon Description
Hardware- Fasteners are high-strength, galva-
steel plate that meets or exceeds a minimum- nized zinc-plated or stainless steel, SSS 204C DM28 PL DDB SHAFT
yield strength of 36,000 psi.The anchor base is ABSSS-4C
provided with slotted holes.
Ordering Information: See page 552 Technical Information
NOTE•.PaI are available onlyin N,S. EPA(ft)with 1.3 gust
Nom. Pole , wall Bolt Bolt Apo
Catalog mount :shaftsize thick.. 80 Max. 90 Max. 100 Max. dstle, site si1'ip.
INSTALLATIONNOTES: number ht.(tt•) {in.x'in.x ft) (in.) Gauge mph wt mph I vut: I mph wE (in.) (in.x in,x in.) .(Ik�
Installation requifesgroutto be packed under b2stta ensure full contact w1h SSS TO4C 10 4.0001 0.125 11 30.6 765 23.8 595 18.9 473 8-9 310180 .7.
foundation.Fartory-suppfiedtemplatesinustbewedwhensettingancharholts. SSS 724C 12 4.0010 0.125 11 24A 670 18.8 470 14.8 .370 8-9 3/4xl8x3 9(
LhhoniaLighfingwil)nntacceptclaimforincorrectanchorageplacementduero 555144( 14 4.Ox14.0 0.125 11 19.9 498 15.7 378 11.7 293 8-9 31018x3 10
failure to use Lithonia Lightingfactorytemplates.
DonoteredpolessWthauthaving0xmresinstalled. 555164{ 16 4.0xifi.0 0.125 11 15.9 398 11.8 295 8.9 123 8-9 3/4r,18x3 11.
If poles are stored outside,allprotectNewrappingmustberemovedimmediately 5551t14C 18 4.Ox18A 0.125 11 12.6 315 9.2 230 6.7 168 8-9 3l4x18x3 12
toprevent5nishdamage. SSS 204C 20 4.0x20.0 0,725 11 9.6 240 6.7 167 45 150 8-9 314r:1Bx3 141
SSS 20 46 20 4.Ox20.0 0.788 7 16.5 415 12.25 310 9.3 240 8-9 31436x3 791
SS5 20 3C 20 5.000.0 0.125 71 17.7 443 12.7 343 9A 235 10-12 1x36x4 18.
SSS 20 511 20 5.0x20.0 0.188 7 28.1 703 21.4 535 16.2 405 10-12 1x36r.4 26`
$55 25 4C 25 4.0x25.0 0.125 11 4.8 150 2.6 100 1.0 50 8-9 3/4xl8x3 1711
SS5 25 4G 25 4.005.0 0.188 7 10.8 270 7.7 788 5.4 135 8-9 31400x3 24c.
SSS 25 5C 25 5.Ox25.0 0.125 11 9.8 245 6.3 157 3.7 150 10-12 1x36x4 225
SS5 25 513 25 5.0x25.0 0.188 7 18.0 350 12.6 350 9.0 250 10-12 1 x36x4 320
SSS 30 4G 30 4.OxNA 0.188 7 6.4 160 4.0 700 2.3 58 8-9 3140Ox3 295
S55305C 30 5.000.0 0.125 11 4.7 150 2.0 50 - - 10-12 106x4 265
q+ SS5 30 5G 30 5.000.0 0.188 7 10.7 267 6.7 167 3.9 100 10-12 1 x36x4 380
SS53065 30 6,Ox30.0 0.188 7 15.7 392 192 257 6.4 16D 11-13 7x36x4 521J
SSS 35 5G 35 5.665.0 0.188 7 5.9 150 2.5 T00 - - 10-12 1 x36x4 40:
TV SSS 35 6G 35 6.0x35.0 0.188 7 9-5237 5.0 150 1-8 50 11-13 1x36x4 59Q'
8 SSS 39 61 39 6.009.0 0.188 7 5.1 128 1 1.3 33 - 11-13 Ix36x4 605
{
Pule Data
Shaft Bolt Bolt Anchor bolt 1
A .�_c� .::...
base circle projection Base and template Anchor bult Template!
size A B - square description description number;
4"C 8-1/2"coo--'2-314"4" E. ABSSS-4C ABTS-O
s 4"G 8-T/2" 2-3/4"4" 8 ABSSS-4G A830-0 Pl50004:
11" ABSSS-5 AB36-0 Pi50010
as 6" 11"-13" 3-38"A" 12-112" ABSSS-6 A936-0 P.150011
A
s
NOTES:
B Mounting arrangement:(PTJ open top;(12012-318"00{21NPSI.
Drill mounting:(0M1911Sztureat90°;{pMZe}2rixturesatl80 }
Optiors,seepage576. I
a
Brackets,seepage578.
Bolt lengbsdescribedarenarmaLActual bolt iengths may vary.
. Ei� sill=
•Dired burial optionavailabie,consultfactory. A
Ih l Gavanizedanchorboltsavailable Cmsultfactcry.
Consull factoryif productmustmeet"Buy America"specifications. J.
®®L/THO4//tee[/ LIMV7iftil0- www.lithonia.tom,keyword:S5S pSG
General Information -- PC
l
_ (Poles are available only in U.S.)
All luminaire/pole assemblies require proper evaluation Pole Selection Procedure
to ensure that.the structural Integrity.of the assembly is
not comproln+sed when applied:In specific wind condi- Step L Selectthelumin re and decide how many will be mounted perpole p
tro>�S jherefore the bast5 far pole selection in this cata- mine the Effective;P�ajected Area,EPA(ft},which is given on the dlmehsiQ
io Is fatal weh ht and efEectrve roected area,ERA a]Infolmatron table
9 p �.
shown:on the Individual.pole catalog pages Determfna- Step.2.. Determ+tie the appropriate mounting method for the lurninalre Options
tton of maximum €pA(ftz} and Wetgflt ioad1ngtnust in- eludearim,bracketorwali mounting:
c1ude all Ittm+narres, brdcketry, 51gns, decoratlon,.otier- rr
Step
head wire of other equipment that w,ili b&jliduhn ed to 3. Add together the EPA's(ftz}of the luminaire and armlbracket Multiply:
the subvert pole lumLriaGre EPA(tt7j and ivelght data are n umlper gffxtures to be mounted on one pale.
found on then respective pr4ducti pages Step 4 Consult t{1e rrdyftnd.Map ob.0age 553 to determine the basic wind velocity:.
The total effectiveprpJected area of the fyminalres nd yourare
aa,r
brackets shall not e>Fceed the EPEI{ftz)Jrs€ d fir the pole Step 5 :'Select the matef+al�steel,or aluminum}and shape(square or round)of
seler�te'd at a given wind veracity Poles that are#o be l o pole Refe[to the Fechnlcaf Information"chart on the appropriate pole Via'
Gated rn areas of known abrior)rla! eandittQns wlll re t
:_.
quire ,special c�nsrd.l.SNA tTan Please car suittfactory if A: F+nd thedestred nominal mounting height in the second column
poles"a re'requrres for F[4rl a Bu+ld(ng Code or.ohter g,: Ver+fytha;theflxturewetghtdoesnotexceedthemaximumnumberlrste
spheral-wind load requirements The map Qn page 553
gives the wi relacttieS to be in: !u C Com .r.pareur total EPA(ft') loading with the maximum EPA(fCz} ra
mrtlaar��iQfetSottlpriflt� x , found:+ theuvtncf speedcaltsmnforynurarea.Check that theequlpme:
sx
r
{ ' }+oi are us+ng wJ)I not exceed this value;
NQTEfclurJlg the polevrarrarfypertoofnneyearthe rr �;..:
'pro et.,'prove defect ve in ffia1€etla!or inrorluxtanship�the R7:' if 4sot tie resgflt and SPA(ft�}values do not exceed for which the pole+
comp atty shall:correct,at Its dption, yepatrtng'>or re- rated'�rou�1a11e selected the correct ptiie:if,however eithei one ofttios.
placing��nohargetohe purthaser� 1the purchaser numbers exceeds themaxlmumratedvalues,comparethe EPA
(ftailri
prt�mpt natrfi?=s the cornpany This warranty speclfica.ily tore weight loads to the larger pole afthe satne mounting hetgftbs
b)WO es fatrg4+e failure or srrrttl rr ptlenomena resulting
r r..._
from �n need vibrattoti harmonic oscil{atton or;rend worts CallBeforeNumberandcompret,�oiedescftpnonMOsTbemdudedbefareordercanbeprocessed.+loittempiatesv4llbeshippe,
tir14rTC@'a55AC4at2d-With`.the:movement;of'air currents with anchorbnlrzTnpreshlptemplates,plaieanordeffartheappr6priatetempiatenumberwithL� tura3tt6anla�Acuitv8sandsrdtni
a roundthe'produet. CAOT[0Nituspaleselectianprocessisagu dtneanly:lithoniaLighlingassumesnarespansiblrttyforselecEion,IndreMrnwndswasuftatfp
with qualified Individuakforre4o4 on ofluminairelporeassembiyselection.
Ordering formation Example: SSA 16 4 D 14 DMA
i
Shaft type Nominal mounting height Nominal shaft base size! FIIRute Mnling method Options Finish'
ware straight steel 8-50 feet sportslighting �wall thickness(in.). PT Open-top 3eepa9es576-S79- Architectural colnrs1
RSS Round straight steel poles up to 115'. C 1 / .125 TengnMounting Polyester powder
STS Square tapered steel See submitaal sheets forspecift 5 E 0.156 - T20 2-318"00(2"NPS) ler�—.�
RTS Round tapered steel infonnatian. 6 G 0,188 T25 2-1/8"OD(2-1/2"NPS) DDB Oark bronze
RTSU Round tapered steel with arm(s) 7 J 0.250 T30 3-1f2"OD(3"NPS) OWN White
STSH Square tapered steel hinged 8 K 0.372 T35 4"OD(3-1/2"UPS) DBL Black
SPRTS Round tapered steel sportslighting 9 L 0.219 Drill mountina BA Brushed Atuminurn t
SSA Square straight aluminum 10 P 0.375 KiImi >1 at 90° Classiccofors
55CA Square straight aluminum,rrucifotm 28 2 at 180" DMB Medium bronze
RSA Round straight aluminum OM29 2atgal DNA Natural aluminum
RTA Round tapered aluminum DM39 3 at 90' D55 Sandstone
RTAU Round tapered aluminum with DM49 4 at 90' KC Charcoal gray
DM32 3 at 120"(round poles} pTG Tennis green
RSAH Round straight aluminum hinged Aens drill mou tin DOR Bright red
SSAH Square straight aluminum hinged DM19AS 1 at 90" D5D Steel blue
RTF Round iapeted fiberglass DM28AS 2 at 180' (las 1 architectural anadiz a
RTFDB Round tapered fiberglass direct OM29AS 2 at 90° ABL Black
burial DM39A5 3 at 90' ADB Dark bronze
SSF Square straight fiberglass DM49AS 4 at 90' ANA Natural
STC Square tapered concrete DM32AS 3 at 120°(round poles; fxistsna colt
SPRTC Roundtaperedconctete MAEX Match existing
sportslighting
NOTES:
1 finish InustbespedfiedlpolesdoR07shipDDHas standard)
"
2 Additional arch itecturai colors avaiiable;seeAchitecturaiCoiarsbrochurean
www.hthonia.tom"
3 Aluminum poles only.
4 RTA,RSA,SSA,HTAO,RSAV,SSCAonly,
fA L/THON/A LAGHMVG' www.lithonia.com P569
TOWN OF A GA WAM�� FOR OFFiGE USE ONLY
36 MAIN STREET Case#• &Yf
AGAWAM, MA 01001 Filed:
BOARD OF APPEALS
Hearing: "
p MP Expires:
Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and
other By-laws. _
Applicant i► - �ilIi`e�a- t �� iJIG. �b1� .S-�I��
Address Ss$ su�F)e_LD S+Fe_c '
Application is hereby made for a SPECIAL PERMIT as provided by Section -�J
Paragraph of the By-law.
Premises affected are situated on -�UFFI Street; feet distant
from the corner of Street and known as street number ASS
Property is zoned as � �
Reason(s) for request of Special Permit:
__We. a� r� es-hn an Amu s-c n)en+ It tense �'E,r �, Cs t �
&ev icc a P®b) -TA Q Lej &e_k Hu n-11e� i �ba ri- goo r�
�lfL4ron ic) I CVA-t-f s+4uF �1� and, A- fy1 a- wg�
T6 U-1 A C-51A n1T DA tVV bar +o , -Gu_ mej a n&A Aair
bonions Cpyovaek o,re es r aid c -d
pcatr plan eip�, wWtdi ujaj -ire, C)pj r,a_) door Ptan ap-Q�-rsveA
G-5 C)3
3p,rrn
Signature of owner or his authorized agent:
Telephone #: 7u `-�' n•`�
NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN
�. and POo -Tf16LeS : ,,ck.
a-��►e.h Tf ivies mac.�in ��. C �a�z� s u FFUE
�. C'BAR '
LCI
pd6T Qd lGdl�d�! '=I V4P
oa r e� I I Ll Lj LJ lwr MSUG
womm
L4 0-
USAND : S : : : 88 C v .�'� =cum e
PLATFORM DANCE AREALi I=i
t� UYNM
PROPERTIES
INVESTMENT I OEVELOPPAENT I MANA13EMENT
The Town of Agawam
Planning Board
100 Main Street
Agawam, MA 01001
Attn: Doreen P.
July 12, 2011
To Whom It May Concern:
As of this writing, please be advised that our tenant,The Main Street Still, Inc., located at 858 Suffield
Street, has our permission to apply for a special permit in the Town of Agawam. We are aware that the
purpose of this special permit is to obtain permission for the license of 6(six)gaming devices,intended
to be used at the establishment. Please accept this letter as permission granted for the establishment
doing business as: "The Still"to apply for this spec�pl permit, in accordance with the regulations and
laws in The Town of Agawam. Should you have any questions regarding this letter or our intentions,
please do not hesitate to contact us.
Best Regards,
David Flynn
Flynn Properties
Manager
Southgate Properties, LLC
28 North Main Street
West Hartford,CT 06110
f
GERSTEN CLIFFORD & ROME, LLP
ATTORNEYS AT LAW
214 Main Street
Hartford, CT 06106
Telephone(860)527-7044
Elizabeth A.Strole,Esq. Facsimile(860)527-4968
Email: estrolefr�,gcrlaw.net
March S,2010
Our File 4740-350
Via Federal Express
John Maslar
47 Forest Ridge Lane
Agawam MA 01001
Re: The Main Street Still Lease
Dear John,
Enclosed for your records is one fully executed original lease between Southgate
Properties, LLC and The Main Street Still, Inc. d/b/a The Still.
Please be in touch with any questions.
Sincerely,
GERS N IFFORD & ROME, LLP
Elizabeth A. Strole
LEASE
By and between
Southgate Properties,LLC
(Landlord)
and
The Main Street Still,Inc.dlbla The Still
(Tenant)
Dated: February 2010
SUBMISSION NOT AN OPTION.
The submission of this Lease or a summary of some or all of its provisions for examination does not constitute a reservation of
or option for the Demised Premises,or an offer to lease,it being understood and agreed that this Lease shall not bind Landlord
in any manner whatsoever until it has been approved and executed by Landlord and delivered to Tenant.
LEASE
Dated: February 2010
Reference Data
LANDLORD: Southgate Properties,LLC
LANDLORD'S ADDRESS: c/o Prospect Enterprises,LLC
216 Maim Street
Hartford,CT 06106
TENANT: The Main Street Still,Inc. d/b/a The Still
(TIN }
TENANTS' ADDRESS: 8 Suffield Street
Agawam MA 01001
BUILDING: "1 Story Brick Building"as depicted on survey
attached hereto at Exhibit A
PREMISES: Approximately 3,760 square feet of area in the"1 Story Brick Building"in the
Shopping Center as cross hatched on Exhibit A.
TERM
COMMENCEMENT DATE: March 1,2010
INITIAL TERM: Five(5)Years
MINIMUM ANNUAL RENT: Lease Year One $7.00 per square foot
Lease Year Two $7.50 per square foot
Lease Year Three $8.50 per square foot
Lease Year Four $9.50 per square foot
Lease Year Five $10.50 per square foot
Extension Term—11.00 per square foot
EXTENSION OPTION: One Extension Term of three(3)years
SECURITY DEPOSIT: 3,000.00
GUARANTOR: John Maslar
2
TABLE OF CONTENTS
Page
PREMISES...................................................................................................................................................................................5
TERM.............................................................................................................................................................................................5
RENT............................ ............................................ .............................................................................................................5
USE........ ...................................................................... ....................................................................... ....................................6
SERVICES..................................................................... .............................................................................................................7
UTILITIES...................................................................................................................................................................................7
INTERRUPTION OF SERVICES AND UTILITIES..............................................................................................................7
INTENTIONALLYOMITTED................................................................................................................................................7
REPAIRS......................................................................................................................................................................................7
YIELDUP AND FIXTURES......................................................................................................................................................8
CHANGES AND ALTERATIONS; TENANT'S WORK......................................................................................................9
INDEMNITYAND INSURANCE.................................................................................... .......................................................8
SUBLEASINGAND ASSIGNMENT...... ....................................................................... .......................................................9
RIGHTOF FIRST REFUSAL......................................................................................... .....................................................IQ
COMPLIANCEWITH LAWS................. .............................................................................................................................11
APPURTENANCES................................................................................................................................................................11
FIREOR OTHER CASUALTY...............................................................................................................................................11
CONDEMNATION................................... ....................................................................... .....................................................11
SECURITYDEPOSIT.............................................................................................................................................................13
ACCESS....................................................... ..............................................................................................................................12
LIABILITY...............................................................................................................................................................................12
DEFAULT.................................................................................................................................................................................12
BANKRUPTCY.......................................... .............................................................................................................................13
WAIVEROF SUBROGATION...............................................................................................................................................13
SUBORDINATION...................................................................................................................................................................14
DEFINITION OF LANDLORD..............................................................................................................................................14
BROKERAGE.........................................................................................................................................................................14
RULESAND REGULATIONS................................................................................................................................................14
3
LIMITATIONOF LIABILITY............................................................................................ ................................................14
FORCEMAJEURE................................................................................................................ ................................................14
RELOCATION... ..................... .................................. ......................................................... ................................................15
NOTICES....................................................................................................................................................................................15
SELFHELP................................................................................................................................................................................16
ESTOPPELCERTIFICATES................. ................... ..........................................................................................................16
MECHANICSLIENS.............................................................................................................................................................16
QUIETENJOYMENT............................. ..............................................................................................................................16
PREJUDGMENT REMEDY,REDEMPTION,COUNTERCLAIM AND JURY TRIAL................................................16
RECORDING.............................................................................................................................................................................16
PARTIALINVALIDITY..........................................................................................................................................................16
ENTIREAGREEMENT...........................................................................................................................................................17
HEIRS,ASSIGNS,NUMBER AND GENDER.......................................................................................................................17
MORTGAGEEPROTECTION...............................................................................................................................................17
HAZARDOUSSUBSTANCES.................................................................................................................................................17
HOLDINGOVER......................................................................................................................................................................17
FINANCING..............................................................................................................................................................................18
SHORING...................................................................................................................................................................................18
SIGNS..........................................................................................................................................................................................18
TENANT'S ADDITIONAL AGREEMENTS.........................................................................................................................19
PERMITCONTINGENCY................... . ................................................................................................................ ........21
LANDLORD'S WORK.................................................................. .......................................................................................21
EXHIBITS
Exhibit A—Demised Premises
Exhibit B—Commencement Date Letter
Exhibit C—Tenant's Work
Exhibit D-Landlord's Work
4
LEASE
THIS LEASE made as of the_day of February, 2010,between Southgate Properties,LLC,a Massachusetts
limited liability Company with an office at c/o Prospect Enterprises,LLC,216 Main Street,Hartford,CT 06106(hereinafter
called"Landlord"),and The Main Street Still,Inc,d/bla The Still,a Massachusetts corporation having an address for the
purposes of this Lease of 8 Suffield Street,Agawam,Massachusetts,01001 (hereinafter called"Tenant").
WITNESSETH :
1. PREMISES. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord,premises consisting
of approximately 3,760 square feet of space in the building shown as"I Story Brick Building `Retail Stores'#830-870 on
Exhibit A,which Premises is located in a Shopping Center,as indicated on said Exhibit A(hereinafter referred to as the
"Premises," "Premises"or the"Demised Premises"). The approximate location of the Premises is shown as the cross-hatched
area on Exhibit A.The overall property or the Shopping Center of which the Premises are a part shall hereinafter be referred to
as the"Shopping Center"
2. TERM. The term of this Lease shall commence upon satisfaction or waiver of the Permit Contingency set
forth in Paragraph 49 hereof(the"Commencement Date"). The Commencement Date of this Lease and,except as otherwise
herein specifically provided,the obligation of Tenant to pay rent,additional rent and all other charges hereunder shall not be
delayed or postponed by reason of any delay by Tenant in performing changes or alterations in the premises to be performed
by Tenant. Payment of rent(the"Rent Commencement Date")shall commence on the earlier of sixty(60)days after the
Commencement Date or the date Tenant opens for business. In the event the term shall commence on a day other than the first
day of a month,then the rent shall be immediately paid for such partial month prorated on the basis of a thirty(30)day month
and the term of this Lease shall be extended for the number of days from the Commencement Date to the first day of the month
next succeeding. The term ending date shall be the date that is five(5)years from the Commencement Date. Each Lease Year
of the term shall be the twelve(12)month period begirming on the first Flay of the month next following the Commencement
Date, and succeeding Lease Years shall be the twelve(12)month periods commencing on the same date. Landlord and Tenant
shall execute a memorandum in the form attached hereto as Exhibit B confirming the Commencement Date,the Rent
Commencement Date,and the term ending date.
Provided that Tenant shall not be in material default hereunder,either at the time of exercise of this option or
on the term ending date,Tenant shall,at its option,have the right to extend this Lease for one(1)period of three(3)years(the
"Extension Term"),commencing on the day following the term ending date,which extension term shall be on the same terms,
covenants and conditions as contained herein except with respect to the annual rent(which shall be as set forth in Paragraph 3)
and with respect to the options to extend.Tenant shall exercise said option by written notice("Tenant's Extension Notice")to
Landlord by certified mail at least six(6)months before the expiration of the initial term of this Lease,time being of the
essence. If Tenant shall fail to give Landlord written notice or extension within the time limited herein,Tenant shall have no
right to extend this Lease for the Extended Term,and this Lease shall terminate on the term ending date as provided in
Paragraph 2 of this Lease, and Tenant shall vacate the demised premises on or before such date in accordance with the
provisions of this Lease.
3. RENT. Upon execution of this Lease,Tenant shall deposit the$7,500.00 with Landlord. If this Lease is
terminated pursuant to Paragraph 49 Permit Contingency,the initial deposit shall be returned to Tenant. If this Lease is not so
terminated,$3,000 of the initial deposit shall be applied to the Security Deposit,and$4,500.00 shall be applied to the
Minimum Annual Rent first coming due. The Tenant shall pay Minimum Annual Rent in the following amounts:
INITIAL TERM
MINIMUM
LEASE YEAR ANNUAL RENT
ONE $26 320.00
TWO $28,200.00
5
THREE $31,960.00
FOUR $35 720.00
FIVE $39 480.00
SIX—EIGHT $41,360.00
Minimum Annual Rent shall be payable in advance in 12 equal monthly installments commencing upon the
Commencement Date. Tenant covenants and agrees to pay to Landlord the rent c/o Prospect Enterprises,216 Main Street,
Hartford,CT 06106,or at such other place as Landlord may designate in writing. Rent shall be payable without notice or
demand,without abatement,deduction or setoff. Rent for any portion of a month shall be pro rated. Annual rent shall be
payable in monthly installments on the first day of each month in advance. All amounts(other than annual rent)payable to
Landlord by Tenant under this Lease shall be deemed additional rent and Landlord shall have the same rights and remedies by
reason of non-payment of such additional rent as if Tenant had failed to pay an installment of annual rent.
Tenant further covenants and agrees to pay as additional rent Tenant's proportionate share(as determined by the area
of the Demised Premises,being 3,760 square feet,divided by the aggregate gross leasable square footage of all buildings
owned by Landlord in the Shopping Center of One Hundred Fourteen Thousand, Seven Hundred and Nine(114,709)square
feet)of any increase in real estate taxes and Operating Expenses of Landlord for the Building in excess of those real estate
taxes and Operating Expenses incurred by Landlord in the year beginning January 1,2009 and ending December 31,2009.
Landlord will provide an accounting of any such additional rent due hereunder and the same shall be immediately due and
payable. "Operating Expenses"as used herein shall mean all expenses paid or incurred by Landlord or on Landlord's behalf in
respect of the management,repair,replacement operation and maintenance of the Shopping Center without limitation.
4. USE.
(a) The Premises shall be used only for a restaurant and bar,with a restaurant liquor license,and for no
other purpose whatsoever. Tenant shall strictly comply with all of the requirements of Town of Agawam Alcohol Beverage
Commission,and the MA Alcoholic Beverage Control Commission with regard to the operation of its business.
(b) Tenant shall not at any time use or occupy,or suffer or permit anyone to use or occupy,the
Demised Premises,or do or permit anything to be done in the Demised Premises,in any manner(i)which violates the
Certificate of Occupancy for the Demised Premises;(ii)which causes or is liable to cause injury to the Premises or the
Shopping Center or any equipment,facilities or systems therein;(iii)which constitutes a violation of the laws and
requirements of any public authorities or the requirements of insurance bodies;(iv)which impairs or tends to impair the
character,reputation or appearance of the Premises or the Shopping Center;(v)which impairs or tends to impair the proper
and economic maintenance,operation and repair of the Premises or the Shopping Center and/or its equipment,facilities or
systems;(vi)that violates 4(a)hereof(vii)which annoys or inconveniences or tends to annoy or inconvenience other tenants or
occupants of the Shopping Center or(viii)which violates any restrictive use clause granted by Landlord to any other tenant of
the Shopping Center. Tenant agrees that no portion of the Demised Premises shall be used for the following Prohibited Uses:
sale of adult or sexually explicit or oriented materials or services;motor vehicles or boats,or the storage thereof;car rentals;a
bar,tavern,nightclub or other establishment of like type offering sexually explicit entertainment;as a church,bingo parlor,
bowling alley,billiard or pool hall,skating rink,game or video/arcade room, school in such a location as to materially conflict
with the use of Lessee's parking field,meeting hall,auditorium,dance hall,discotheque,off-track betting business,flea
market,theatre,recreational facility,business operation which regularly or with significant frequency sells merchandise of the
types or qualities now commonly known as "odd lot", "close out", "clearance","discontinued","cancellation", "seconds",
"factory reject", "sample","floor model", "demonstrator", "obsolescent", "over-stock","distressed","bankruptcy", "fire sale"
or"damaged"(provided that the foregoing exclusions shall not preclude retail stores such as Family Dollar or Dollar Tree);
industrial or manufacturing operation; or funeral parlor.
(c) Tenant agrees,after opening for business,to continuously operate said business in the Premises at
all times during the Term.
If Tenant shall cease to operate its business in the Premises for more than 60 consecutive days,such cessation shall be
a material breach of this Lease,and in addition to all other remedies afforded to Landlord for a breach Landlord shall have the
right,at any time thereafter,for as Iong as Tenant's cessation to operate is still in effect,to terminate this Lease by giving
Tenant 30 days'written notice of such election,and this Lease shall so terminate,unless Tenant has reopened the Premises for
business during such 30 day period. For the purpose of this paragraph,if Tenant is closed temporarily for remodeling(for a
period not to exceed 120 days)or due to any fire or casualty, or if Tenant is closed due to strike,lockout,inability to obtain
6
merchandise or any other cause beyond the reasonable control of Tenant,then such 60 day period or 30 day period,at the case
may be, shall be tolled during such temporary closing only.
S. SERVICES.Tenant shall be responsible for providing its own janitorial and cleaning of the Demised
Premises.
6. UTILITIES. Landlord shall bring all utilities to the perimeter of the demised premises. Tenant shall
provide all of its needed utility service for Tenant's needs at the Premises. Tenant shall pay for all costs of utilities consumed
in the Demised Premises, directly to the utility company. In no event shall Tenant be allowed to place a load on the electrical
system that exceeds the safe capacity thereof.
7. INTERRUPTION OF SERVICES AND UTILITIES. Landlord shall not be liable for the interruption,
curtailment,stoppage or suspension of services and utilities when necessary by reason of accident or emergency or suspension
of utility services or when necessary for repairs,alterations,replacements or improvements desirable or necessary in the
reasonable judgment of Landlord or for any cause beyond the control of Landlord. In the event of any such interruption,
curtailment,stoppage or suspension,there shall be no diminution or abatement of rent, additional rent or other charges due
from Tenant to Landlord hereunder,Tenant's obligations hereunder shall not be affected or reduced,and Landlord shall have
no responsibility or liability for any such interruption,curtailment,stoppage or suspension unless caused by the gross
negligence or willful misconduct of Landlord or its employees;however,Landlord shall exercise reasonable diligence to
restore any services or utilities so interrupted,curtailed, stopped or suspended.
8. INTENTIONALLY OMITTED.
9. REPAIRS.
(a) Tenant shall maintain and repair the Demised Premises and all improvements therein in good
operating condition,including the beating,ventilating,air-conditioning,plumbing and electrical systems. Tenant,at its own
cost and expense,shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor
approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises. The service
contract must include all services suggested by the equipment manufacturer in its operations/maintenance manual and an
executed copy of such contract must be provided to Landlord. Notwithstanding the aforesaid,Landlord shall have the option
to enter into a regularly scheduled preventative maintenance/service contract on items for and on behalf of Tenant. Such
contract may include,without limitation,all services suggested or recommended by the equipment manufacturer in the
operation and maintenance of such system. In the event Landlord elects such option,Tenant shall reimburse to Landlord all of
Landlord's costs in connection with said contract. Notwithstanding the foregoing,Tenant's liability for repair of the HVAC
system shall not extend to repair or replacement of major components. Tenant's liability for HVAC repairs shall not exceed
$1,000 per year,exclusive of the cost of the required maintenance contract. In the event of the failure of a major component
of the HVAC system(meaning a component whose cost to repair or replace exceeds $1,000.00), Landlord shall repair or
replace such major component at Landlord's cost and expense. Tenant shall maintain a reasonable temperature within the same
to prevent freezing and shall repair the interior of the Premises and keep the same in a neat and orderly condition and Tenant
shall pay to Landlord all costs incurred by Landlord in making any repairs necessitated by the acts or omissions of Tenant,its
servants,agents,and employees negligence,provided that Tenant has been given reasonable notice and an opportunity to
repair,but has failed to act.
(b) Tenant shall not place a load upon any floor of the Demised Premises which exceeds the load per
square foot which such floor was designed to carry and which is allowed by law.
(c) Except as otherwise expressly provided in this Lease,Landlord shall have no liability to Tenant not
shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any
inconvenience,annoyance,interruption or injury to business arising from Landlord's making any repairs or changes which
Landlord is required or permitted by this Lease,or required by law,to make in or to any portion of the Shopping Center or the
Demised Premises, or in or to the fixtures,equipment or appurtenances of the Shopping Center of the Demised Premises.
Landlord shall perform all maintenance and repair work at the Shopping Center in such a manner as to create the least possible
interference with Tenant's business activities,but shall not be required to conduct repairs outside of normal business hours of
business days.
(d) Landlord shall keep the foundations,roof, and structural portions of the outer walls of the
Premises in good repair, except for repairs required thereto by reason of the negligence or willful misconduct of
7
Tenant, Tenant's employees, agents,or contractors. Landlord shall also keep and maintain in good repair utility pipes,
conduits and connections which are common facilities,to the point of entry to the Premises and to the extent the same are a
part of; or provide services to the Premises. Landlord's expenses to comply with the foregoing,or to repair/replace a major
component of the HVAC system for the Demised Premises,shall be included in Operating Expenses.
10. YIELD UP AND FIXTURES. Tenant shall at the termination of this Lease peaceably yield up the
Shopping Center and Premises and Tenant's improvements and permitted Alterations in good order,repair and condition,fire
or unavoidable casualty and reasonable use and wear excepted,provided that if required by Landlord,any Alterations made by
Tenant, including without limitation,any telephone or data wiring installed by Tenant,shall be removed by Tenant prior to the
termination of this Lease,in which event the premises shall be restored to their condition prior to the Alteration. Tenant shall
before the termination of this Lease remove all furniture,fixtures, and personal property of Tenant from the premises and
Tenant shall repair any damage to the premises or the common areas caused by such removal including the filling in of all
holes,and the patching or replacement of all floor areas or ceilings damaged by such removal.
1l. CHANGES AND ALTERATIONS;TENANT'S WORK.
Subject to completion of Landlord's Work as set forth on Exhibit D, Tenant accepts the premises in their current,as-is
condition.
Subject to Landlord's approval(which shall not be unreasonably withheld),Tenant may periodically during the term
of this Lease remodel the Premises. Landlord and Tenant hereby acknowledge that Tenant shall, immediately upon
satisfaction of the Permitting Contingency,as herein after set forth,commence the alterations to the Premises("Alterations")
described on Exhibit C hereto. The Alterations,and any future Alterations made by Tenant,shall be free from defects in
workmanship and material and shall be performed in accordance with all prevailing building codes,local, state and national.
Tenant will make all repairs,alterations,additions or replacements to the Premises required,by any law,or ordinance
or any order or regulation of any public authority because of Tenant's use of the Demised Premises;keep the Demised
Premises equipped with all safety appliances so required because of such use;procure any licenses and permits required for
any such use;pay all municipal,county or state taxes assessed against the leasehold interest hereunder,or personal property of
any kind owned by or placed in,upon or about the Premises by Tenant, Upon written request from Tenant,Landlord will
determine whether Landlord will require removal of permitted alterations at the termination of this Lease.
12. INDEMNITY AND INSURANCE. Tenant shall indemnify,defend and hold harmless Landlord,its agents
and employees from and against any and all liability(statutory or otherwise),claims,suits,demands,judgments,costs,interest
and expense(including,but not limited to,attorneys'fees and disbursements)arising from any injury to,or death of,any
person or persons or damage to property(including loss of use thereof)caused by(a)Tenant's use of the premises or conduct
of business therein,(b)any work or thing whatsoever done,or any condition created(other than by Landlord,its employees,
agents or contractors)by or on behalf of Tenant in or about the premises,including during the period of time, if any,prior to
the term commencement date,that Tenant may have been given access to the premises for the purpose of doing any work or
making any installations,(c)any condition of the premises due to or resulting from any default by Tenant in the performance
of Tenant's obligations under this Lease,or(d)any act,omission or negligence of Tenant or its agents,contractors,employees,
subtenants,or licensees. In case any action or proceeding is brought against Landlord by reason of any one or more thereof,
Tenant shall pay all costs,attorneys'fees,expenses and liabilities resulting therefrom and shall resist such action or proceeding
if Landlord shall so request,at Tenant's expense,by counsel reasonably satisfactory to Landlord.
Tenant shall at Tenant's expense,obtain and keep in force at all times during the term of this Lease Agreement,
Commercial General Liability Insurance including broad form general liability endorsement and contractual liability on an
occurrence basis with limits of not less than Two Million and 00/100 Dollars($2,000,000.00)combined single limit insuring
Landlord(and all general partners of Landlord)and Tenant against any liability arising out of the use,occupancy or
maintenance of the Demised Premises,the Shopping Center and all areas appurtenant thereto. The limit of said insurance shall
not,however,limit the liability of Tenant hereunder. Tenant may carry said insurance under a blanket policy provided an
endorsement naming Landlord as an additional insured is attached thereto;and;
Tenant shall maintain dram shop insurance, and insurance against such other perils and in such amounts as Landlord
may from time to time reasonably require in writing.
.Insurance required hereunder shall be in companies licensed in the Commonwealth of Massachusetts and have a
8
"Bests'Insurance Guide"rating of B+/12 or better. Mutual insurance companies may be used only if they are nonassessable.
No policy shall be cancelable or subject to reduction of coverage except after thirty(30)days'written notice to Landlord. All
policies of insurance maintained by Tenant shall be in form acceptable to Landlord with satisfactory evidence that all
premiums have been paid. Tenant agrees not to knowingly violate or permit to be violated any of the conditions or provisions
of the insurance policies required to be furnished hereunder,and agrees to promptly notify Landlord of any fire or other
casualty. Tenant shall provide Landlord with an insurance binder or Accord Form 27 to evidence compliance with the
foregoing.
Landlord may from time to time require that the amount of Commercial General Liability Insurance to be maintained
by Tenant under this Paragraph 12 be increased so that the amount thereof,in Landlord's reasonable opinion(endorsed by
Landlord's insurance broker),adequately protects Landlord's interest.
13. SUBLEASING AND ASSIGNMENT.
(a) Tenant covenants and agrees that neither this Lease nor the term and estate hereby granted,nor any
interest herein or therein,will be assigned,mortgaged,pledged,encumbered or otherwise transferred, and that neither the
premises,nor any part thereof,will be sublet or encumbered in any manner by reason of any act or omission on the part of
Tenant,or used or occupied,or permitted to be used or occupied by anyone other than Tenant,or for any use or purpose other
than as stated in Paragraph 4,without the prior written consent of Landlord. Landlord will not withhold consent to an
assignment of Tenant's interest in this Lease for the benefit of an institutional lender financing Tenant's business,provided the
form of assignment and lessor's consent is reasonably acceptable to Landlord.
(b) If Tenant should desire to assign this Lease or sublease the Demised Premises or any portion
thereof,Tenant shall give Landlord written notice of such desire to make such assignment or affect such sublease. At the time
of giving such notice,Tenant shall provide Landlord with a copy of the proposed assignment or sublease document, and such
information as Landlord may reasonably request concerning the proposed sublessee or assignee to assist Landlord in making
an informed judgment regarding the financial condition,reputation,operation,and general desirability of the proposed
sublessee or assignee. Landlord shall then have a period of thirty(30)days following receipt of such notice within which to
notify Tenant in writing of Landlord's election to:
(i) permit Tenant to assign or sublet the Demised Premises or said portion thereof;or
(ii) refuse to consent to Tenant's assignment or subleasing of the Demised Premises or said
portion thereof and to continue this Lease in full force and effect as to the entire Demised Premises,provided Landlord's
refusal to consent is reasonable.
If Landlord should fail to notify Tenant of its election within said thirty(30)day period,Landlord shall have elected
option 13(b)(ii)above.
(c) It is hereby expressly understood and agreed,however,if Tenant is a corporation or a limited
liability company,that the assignment or transfer of this Lease, and the term and estate hereby granted,to any corporation or
limited liability company into which Tenant is merged or with which Tenant is consolidated,which corporation or limited
liability company shall have a net worth at least equal to that of Tenant immediately prior to such merger or consolidation,
(such corporation or limited liability company being hereinafter called "Assignee"}without the prior written consent of
Landlord shall not be deemed to be prohibited hereby if,and upon the express condition that,Assignee and Tenant shall
promptly execute,acknowledge and deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby
Assignee shall agree to be bound by and upon all the covenants,agreements,terms,provisions and conditions set forth in this
Lease on the part of Tenant to be performed,and whereby Assignee shall expressly agree that the provisions of this Paragraph
13 shall,notwithstanding such assignment of transfer, continue to be binding upon it with respect to all future assignments and
transfers.
(d) If,at any time during the Term of this Lease,Tenant is:
(i) a corporation or a trust(whether or not having shares of beneficial interest)and there shall
occur any change in the identity of any of the persons then having power to participate in the election or appointment of 50%
or more of the directors,trustees or other persons exercising like functions and managing the affairs of Tenant;or
9
GO a partnership,association,limited liability company or otherwise not a natural person(and
is not a corporation or a trust)and there shall occur any change in the identity of 50%or more of any of the persons who then
are members of such partnership,association,limited liability company or who comprise Tenant;
the same shall constitute an assignment of this Lease for purposes of this Paragraph 13. This Paragraph 13(d)shall not apply if
the initial tenant named herein is a corporation and the outstanding voting stock thereof is listed on a recognized securities
exchange.
(e) The listing of any name other than that of Tenant,whether on the doors of the premises or on a
directory,sigriage, if any,or otherwise,shall not operate to vest any right or interest in this Lease or in the premises or be
deemed to be the written consent of Landlord mentioned in this Paragraph 13,it being expressly understood that any such
listing is a privilege extended by Landlord revocable at will by written notice to Tenant If this Lease be assigned,or if the
premises or any part thereof be sublet or occupied by anybody other than Tenant,Landlord may,at any time and from time to
time,collect rent and other charges from the assignee,subtenant or occupant, and apply the net amount collected to the rent
and other charges herein reserved. No assignment,subletting,occupancy or collection shall be deemed a release of Tenant or
any guarantor of this Lease from the firrther performance by Tenant or such guarantor of covenants on the part of Tenant
contained in this Lease. No assignment, subletting or use of the premises by an affiliate of Tenant shall affect the purpose for
which the premises may be used as stated in Paragraph 4.
(f) No assignment or subletting shall be effective unless consented to in writing by Landlord and until
an instrument in form reasonably satisfactory to Landlord's counsel has been delivered to Landlord under the terms of which
the assignee or sublessee,as the case may be,has effectively assumed and agreed to pay the rent and additional rent hereunder
and to perform all the terms and conditions contained in this Lease. The consent by Landlord to an assignment or subletting
shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further
assignment or subletting.
(g) For the purposes of this Paragraph 13,the subletting for the remainder of the term of this Lease
shall be deemed to be a subletting and not an assignment. No subletting shall be allowed to more than one sublessee and no
subletting shall be for less than the whole area of the premises, unless otherwise agreed by Landlord.
(h) If(i)the rent and other sums received by Tenant on account of a sublease of all or any portion of
the Demised Premises exceeds the rent and additional rent allocable to the space subject to the sublease(in the proportion of
the area of such space to the entire Demised Premises)plus actual out-of-pocket expenses incurred by Tenant in connection
with Tenant's subleasing of such space,including brokerage commissions to a licensed broker and the cost of preparing such
space for occupancy by the subtenant, Tenant shall pay to Landlord, as an additional charge,one hundred percent(100%)of
such excess,monthly as received by Tenant or(ii)any payment received by Tenant on account of any assignment of this Lease
exceeds the actual out-of-pocket expenses including brokerage commissions to a licensed broker and the cost of preparing
space for the assignee, Tenant shall pay to Landlord, as an additional charge,one hundred percent(1000/0)of such excess when
received by Tenant.
(i) Tenant shall reimburse Landlord on demand for any reasonable costs that Landlord may incur in
connection with any assignment or sublease,including the reasonable costs of investigation,the acceptability of the proposed
assignee or subtenant,and reasonable legal costs incurred in connection with the granting of any requested consent.
14. RIGHT OF FIRST REFUSAL_ In the event any or all of Tenant`s interest in the premises and/or this
Lease is transferred by operation of law to any trustee(including a trustee in bankruptcy),receiver or other representative or
agent of Tenant,or to Tenant as a debtor in possession,and subsequently any or all of Tenants interest in the premises and/or
this Lease is offered or to be offered by Tenant or any trustee,receiver,or other representative or agent of Tenant as to its
estate or property,(such person,firm or entity being hereinafter referred to as the"Grantor"),for assignment,conveyance,
lease,or other disposition to a person,firm or entity other than Landlord,(each such transaction being hereinafter referred to as
a"Disposition"),it is agreed that Landlord has and shall have a right of fast refusal to purchase,take,or otherwise acquire the
same upon the same terms and conditions as the Grantor thereof shall accept upon such Disposition to such other person,firm,
or entity;and as to each such Disposition the Grantor shall give written notice to Landlord in reasonable detail of all of the
terms and conditions of such Disposition within twenty(20)days next following its determination to accept the same but prior
to accepting the same,and it shall not make the Disposition until and unless Landlord has failed or refused to accept such right
of first refusal as to the Disposition,as set forth herein.
10
Landlord shall have sixty(60)days next following its receipt of the written notice as to such Disposition in
which to exercise the option to acquire Tenant's interest by such Disposition,and the exercise of the option by Landlord shall
be effected by written notice to that effect sent to the Grantor by certified or registered mail;but nothing herein shall require
Landlord to accept a particular Disposition or any Disposition,nor does the rejection of any one such offer of first refusal
constitute a waiver or release of the obligation of the Grantor to submit other offers hereunder to Landlord. In the event
Landlord accepts such offer of first refusal,the transaction shall be consummated pursuant to the terms and conditions of the
Disposition described in the notice to Landlord. In the event Landlord rejects such offer of first refusal,the Grantor may
consummate the Disposition with such other person,firm,or entity;but any decrease in price of more than two percent(21%)of
the price sought from Landlord or any change in the terms of payment for such Disposition shall constitute a new transaction
requiring a further option of first refusal to be given to Landlord hereunder.
15. COMPLIANCE WITH LAWS. Tenant shall, at its own cost and expense: (a)comply with all
governmental laws, ordinances,orders and regulations affecting the premises now in force or which hereafter may be in force;
(b)comply with and execute all rules,requirements and regulations of the Board of Fire Underwriters,Landlord's insurance
companies and other organizations establishing insurance rates;(c)not suffer,permit,or commit any waste or nuisance; (d)
install fire extinguishers in accordance with insurance requirements.
16. APPURTENANCES. The premises include the right of ingress and egress thereto and therefrom;however,
Landlord reserves the right to make changes and alterations to the street entrances,and other parts of the Shopping Center
which Landlord may deem necessary or desirable. Neither this Lease nor any use by Tenant of the Shopping Center or any
parking area shall give Tenant any right or easement of such use and the use thereof may,without notice to Tenant,be
regulated or discontinued at any time and from time to time by Landlord without liability of any kind to Tenant and without
affecting the obligations of Tenant under this Lease.
I7. FIRE OR OTHER CASUALTY.
(a) If(i)the Building in the Shopping Center containing the demised premises by reason of a casualty
insurable under Landlord's insurance policy are rendered wholly untenantable, or(ii)the Shopping Center should be damaged
as a result of a risk which is not covered by Landlord's insurance,or(iii)the Shopping Center should be damaged in whole or
in part during the last two(2)years of the term hereof,then or in any of such events,Landlord may either elect to repair the
damage or may cancel this Lease by notice of cancellation within ninety(90)days after such event and thereupon this Lease
shall expire,and Tenant shall vacate and surrender the Premises to Landlord. If Landlord shall have decided to repair any
damage as aforesaid,the damage(except as to Tenant's fixtures or improvements made by Tenant)shall be repaired by and at
the expense of Landlord and the rent shall be apportioned according to the part of the Premises which is useable by Tenant,but
Landlord shall not be required to do such repair or restoration work except during business hours of business days.
(b) Notwithstanding any of the provisions of Paragraph 17(a)hereof,if by reason of some act or
omission on the part of Tenant or any of its subtenants or its or their partners,directors,officers, servants,employees,agents or
contractors,either(i)Landlord or any Mortgagee shall be unable to collect all of the insurance proceeds(including,without
limitation,rent insurance proceeds)applicable to damage or destruction of the premises or the Shopping Center or the
Shopping Center by fie or other casualty,or(ii)the Shopping Center or the Premises shall be damaged or destroyed or
rendered completely or partially untenantable on account of fire or other casualty,then without prejudice to any other remedies
which may be available against Tenant,there shall be no abatement or reduction of rent or additional rent. Further,nothing
contained in this Paragraph 17 shall relieve Tenant from any liability that may exist as a result of any damage or destruction by
fire or other casualty.
18. CONDEMNATION.
(a) If the whole of the Shopping Center shall be lawfully taken by condemnation or in any other
manner for any public or quasi-public use or purpose,this Lease and the term and estate hereby granted shall forthwith
terminate as of the date of vesting of title in such condemning authority(which date is hereinafter also referred to as the date of
taking),and the rents shall be prorated and adjusted as of such date.
(b) If any part of the Shopping Center shall be so taken,this Lease shall be unaffected by such taking,
except that(i)Landlord may,at its option,terminate this Lease by giving Tenant notice to that effect within ninety(90)days
after the Date of the Taking,and(ii)if twenty percent(20%)or more of the Shopping Center shall be so taken and the
remaining area of the Shopping Center shall not be reasonably sufficient for Tenant to continue feasible operation of its
11
business,Tenant may terminate this Lease by giving Landlord notice to that effect at least ninety(90)days after the Date of the
Taking. This Lease shall terminate on the date of taking or on the date of Landlord's notice to Tenant,and the rent and
additional rent shall be prorated and adjusted as of such termination date. Upon such partial taking and this Lease continuing
in force as to any part of the Premises,the rent and additional rent shall be adjusted according to the rentable area remaining.
(c) In the event of any taking,partial or whole,provided for in this Section,all of the proceeds of any
award,judgment or settlement pertaining to the Shopping Center or the leasehold payable by the condemning authority shall
be and remain the sole and exclusive property of Landlord,and Tenant shall not be entitled to any portion of such award,
judgment or settlement received by Landlord from such condemning authority. Tenant,however,may pursue its own claim
against the condemning authority for any damage or award permitted under the laws of the Commonwealth of Massachusetts
to be paid to Tenant without diminishing or reducing the award,judgment or settlement receivable by Landlord.
19. SECURITY DEPOSIT. It is agreed that Tenant will deposit with Landlord at the time of the execution of
this Lease,the sum of Three Thousand and 0/100 Dollars($3,000.00)in cash as security for the faithful performance by
Tenant of all of the terms and covenants of this Lease. In the event that Tenant shall fail to perform or observe any of the
terms,covenants,conditions or agreements to be observed or performed by Tenant hereunder,and such default shall not be
cured within the grace period provided in this Lease,Landlord shall be entitled to apply such security deposit toward any and
all damages owed to Landlord by Tenant as a result of such default. Whenever Landlord applies any portion of the security
deposit toward amounts owed by Tenant as a result of Tenant`s default,Tenant shall promptly pay to Landlord the amount
necessary to restore the security deposit of the full amount of$3,000.00. Landlord shall not be obligated to place said deposit
in an interest bearing account for the benefit of Tenant. In the event Tenant is not in default as aforesaid,Landlord agrees to
return said sum within thirty(30)days after the expiration of the term of this Lease.
In the event of bankruptcy or other creditor-debtor proceedings against the Tenant, all securities shall be
deemed to be applied first to the payment of rent and other charges due Landlord for all periods prior to the filing of such
proceedings.
Landlord may deliver the funds deposited hereunder by Tenant to the purchaser of Landlord's interest in the
premises in the event that such interest is sold and thereupon Landlord shall be discharged from any further liability with
respect to such deposit,and this provision shall also apply to any subsequent transferee.
20. ACCESS. Landlord's agents,employees,contractors,prospective purchasers and prospective tenants shall
have the right to enter the premises at reasonable hours upon notice to Tenant for the purpose of inspecting the same and,
Landlord, its employees,agents and contractors shall have the right to enter the premises at any time for the purpose of making
repairs thereto and to the Shopping Center and its mechanical systems and for the purpose of performing the services to be
performed by Landlord pursuant to the terms hereof and for the purpose of curing any violations of rules and regulations or
defaults under this Lease created by or suffered by Tenant. Landlord shall use reasonable commercial efforts as to create the
least possible interference with Tenant's business activities,but shall not be required to conduct repairs outside of normal
business hours of business days.
21. LIABILITY. Absent gross negligence or willful misconduct,neither Landlord,nor any agent or employee
of Landlord,shall be liable for(a)loss of or damage to any property of Tenant,or of any other person,entrusted to any of
Landlord's agents or employees,(b)loss of or damage to any property of Tenant or of any other person by theft or otherwise,
(c)any injury or damage to any person or property resulting from fire,explosion,falling plaster,steam,gas,electricity, dust,
water or snow,or leaks from any part of the Shopping Center or from the pipes,appliances or plumbing system,or from the
roof,street or subsurface or any other place or by dampness,or from any other cause whatsoever,(d)any such damage caused
by other occupants or persons in the Shopping Center or by construction of any private,public or quasi-public work, or(e)any
patent or latent defect in the premises or the Shopping Center.
22. DEFAULT. In the event of any failure of Tenant to pay the rent or additional rent due hereunder within ten
(10)days after the date that the same is due and payable,or any failure to commence and diligently pursue the performance of
any of the other terms,covenants,and conditions of this Lease to be observed and performed by Tenant for more than fifteen
(15)days after written notice of such default,or if Tenant makes any transfer,assignment,conveyance,sale,pledge or
disposition of all or a substantial portion of its property,or removes a substantial portion of its personal property from the
Demised Premises other than by reason of an assignment or subletting of the Demised Premises permitted under this Lease,or
if the Tenant's interest herein shall be sold under execution, or if Tenant shall abandon the premises,or if Tenant's use of the
12
Premises is anything other than as specifically permitted in Paragraph 4 hereof,then Landlord,at its option,may terminate this
Lease without further notice to Tenant and upon such termination Tenant shall quit and sutzender the premises to Landlord, but
such termination shall not affect the Landlord's right to recover damages or exercise any other right hereinafter provided;
however,in lieu of terminating this Lease,Landlord may elect to recover possession of the premises without terminating this
Lease and Landlord shall have the right to re-enter the premises and to remove all persons or property therefrom and store any
property in a public warehouse or elsewhere at the cost and for the account of Tenant, all without service of notice, except as
notice is in this Paragraph 22 required,or resort to legal process,and Landlord shall not be liable for any loss or damage
resulting from such re-entry nor shall Landlord be deemed guilty of trespass therefore. In the event of termination of this
Lease or a re-entry of the premises pursuant to this Paragraph 22,Landlord may re-let the whole or any part of the premises on
behalf of Tenant for a period equal to,greater or less than the remainder of the then term of this Lease,at such rental and upon
such terms and conditions as Landlord shall deem reasonable. Landlord shall not be liable in any respect for the failure to relet
the premises or in the event of such reletting,for failure to collect the rent thereunder and any sums received by Landlord on a
reletting shall belong to Landlord. In the event of a termination of this Lease,Landlord shall forthwith be entitled to recover
from Tenant,as liquidated damages,the amount by which the sum of(a)rent and additional rent payable for the remainder of
the term of this Lease;and(b)all expenses of Landlord incurred in recovering possession of the premises and reletting the
same including costs of repair and renovating the premises,management agents'commissions and fees, Court costs and
reasonable attorneys'fees,exceed the fair rental value of the premises.
Landlord shall also be entitled to a reasonable attorney's fee in the event that it shall retain an attorney to enforce the
provisions of this Lease or if suit shall be brought for recovery of possession of the Demised Premises,for recovery of rent or
additional rent or because of the breach of any other covenant herein contained on the part of Tenant to be performed.
Notwithstanding the foregoing,if a default or omission of tenant by its nature cannot reasonably be cured or remedied
within such fifteen(15)day period,Landlord shall have no right to cancel this Lease if Tenant shall commence such cure or
remedy within such fifteen(15)day period and shall thereafter proceed with reasonable diligence and in good faith to
complete the same. Landlord shall be required to use its best efforts to re-let the demised premises and otherwise to mitigate
its damages. Except in cases of emergency,Landlord shall not perform any obligation required of Tenant hereunder or incur
any fee or expense on Tenant's behalf unless Landlord shall give to Tenant prior written notice of its intention to perform such
obligation and/or incur such fee or expense and unless Tenant has not performed such obligation within fifteen(15)days after
its receipt of Landlord's notice or shall not have commenced to perform such obligation within said fifteen(15)day period and
shall not thereafter diligently and in good faith proceed to complete such obligation.
In the event that Tenant is in default of any provision of this Lease requiring the payment of monies,then Tenant shall
pay to Landlord as additional rent the greater of(a)interest at the rate of eighteen percent(IS%)per annum or the highest rate
permitted by law,whichever is less,on the amount due Landlord hereunder,or(b)a late charge of five percent(5%)of the
amount due.
In the event of a breach or threatened breach by Tenant of any of its obligations under this Lease,Landlord shall also
have the right of injunction. The special remedies to which Landlord may resort hereunder are cumulative and are not
intended to be exclusive of any other remedies to which Landlord may lawfully be entitled at any time and Landlord may
invoke any remedy allowed at law or in equity as if specific remedies were not provided for herein.
The prevailing party in any dispute where it is found that a party breached a clear obligation under the Lease shall be
entitled to recover its reasonable attorneys fees incurred in enforcing the provisions of this Lease. However,each party shall
bear its own attorneys'fees incurred in resolving a difference in interpretation of the terms of this Lease.
23. BANKRUPTCY, To the full extent permissible under the Bankruptcy Reform Act of 1978,specifically
Section 365 thereof(1 I U.S.C. 365)or any successor thereto, if Tenant shall file a voluntary petition in bankruptcy or take the
benefit of any insolvency act or be dissolved or adjudicated a bankrupt,or if a receiver shall be appointed for its business or its
assets and the appointment of such receiver is not vacated within sixty(60)days after such appointment,or if it shall make an
assignment for the benefit of its creditors,then and forthwith thereafter the Landlord shall have all the rights provided in
Paragraph 22 above in the event of nonpayment of rent.
24. WAIVER OF SUBROGATION. All fire and extended coverage insurance maintained by Landlord and
Tenant on the premises,the property therein,and the Shopping Center and its appurtenances shall include a waiver by the
insurer of all right of recovery against Landlord or Tenant in connection with any loss or damage by fire or peril included
within fire and extended coverage insurance and neither party shall be liable to the other for loss or damage resulting from
13
such included peril and further,Landlord and Tenant each release the other from any and all claims with respect to any such
loss to the extent of the insurance proceeds paid with respect thereto.
25. SUBORDINATION. This Lease shall,at Landlord's option,be automatically subordinate to the lien of any
first mortgage,which may now or hereafter affect the real property of which the Premises form a part,and to all renewals,
modifications,consolidations,replacements and extensions thereof. In confirmation of such subordination,Tenant shall
execute concurrently herewith a subordination agreement and shall execute promptly any additional subordination agreement
that Landlord in the future may request.
Tenant shall attorn to any foreclosing first mortgagee,purchaser at a foreclosure sale or purchaser by deed in lieu of
foreclosure,but no such mortgagee or purchaser shall be(a)liable for any act or omission of Landlord,(b)bound by any
payment of rent,additional rent or other charge made more than ten(10)days in advance of the due date thereof,or(c)bound
by any assignment,surrender,termination,cancellation,amendment or modification of this Lease made without the express
written consent of such mortgagee or purchaser.
26. DEFINITION OF LANDLORD. The term,Landlord,as used in this Lease means only the ow per or the
mortgagee in possession of the Shopping Center,or the tenant under a ground lease of the Shopping Center. In the event of
any We of the Shopping Center or assignment of such lease after the Commencement Date(herein called a"Transfer"),the
Landlord shall be,and hereby is, except as stated herein,freed and relieved of all covenants and obligations of Landlord under
this Lease arising or to be performed after the date of such Transfer,and it shall be deemed and construed without further
agreement between the parties and the purchaser or assignee pursuant to any such Transfer,that the purchaser or assignee has
assumed and agreed to carry out any and all covenants and obligations of Landlord arising or to be performed under this Lease
after the date of such Transfer. Notwithstanding the foregoing,a mortgagee in possession shall not be required to fulfill any of
Landlord's obligations under this Lease unless it agrees to do so in writing.
27. BROKERAGE. Tenant represents it has not dealt with any real estate agent or broker in connection with
this Lease and it shall indemnify Landlord and hold it harmless against the claims of any other broker(s)arising out of its
actions.
28. RULES AND REGULATIONS. Tenant and its agents,employees,and licensees shall abide by and
observe other reasonable,prudent,necessary and timely rules or regulations that Landlord may promulgate from time to time
for the operation and maintenance of the Building,provided that notice thereof is given to Tenant and such rules and
regulations are not inconsistent with the provisions of this Lease,and such rules and regulations apply equally to each and
every tenant of the Shopping Center.
29. LIMITATION OF LIABILITY. Anything in this Lease to the contrary notwithstanding,Tenant agrees
that it shall look solely to the estate and property of Landlord in the Shopping Center,subject to the prior rights of any
mortgagee of the Shopping Center and subject to Landlord's rights under a leasehold interest of said Shopping Center or part
thereof,for the collection of any judgment(or other judicial process)requiring the payment of money by Landlord in the event
of any default or breach by Landlord with respect to any of the terms,covenants and conditions of this Lease to be observed
and/or performed by Landlord,and no other assets of Landlord nor any partner,member or shareholder of Landlord shall be
subject to levy,execution or other procedures for the satisfaction of Tenant's remedies.
30. FORCE MAJEURE. Landlord shall be excused for the period of any delay in the performance of any
obligations hereunder,when prevented from so doing by cause or causes beyond Landlord's control which shall include,
without limitation,all labor disputes,civil commotion,war,war-like operations,invasion,rebellion,hostilities,military or
usurped power,sabotage,governmental regulations or controls,fire or other casualty, inability to obtain any material, services
or financing or through acts of God. Tenant shall similarly be excused for delay in the performance of obligations hereunder
provided:
(a) nothing contained in this Paragraph or elsewhere in this Lease shall be deemed to excuse or permit
any delay in the payment of any sums of money required hereunder,or any delay in the cure of any by the payment of money;
(b) no reliance by Tenant upon this Paragraph shall limit or restrict in any way Landlord's right of self-
help as provided in this Lease;and
Neither party shall not be entitled to rely upon this Paragraph unless it shall advise the other party in writing,
14
of the existence of any force majeure preventing the performance of an obligation of said pary within five(5)days after the
commencement of the force majeure.
31. RELOCATION OF PRENUSES.
(a) Landlord may,at its option,before or after the Commencement Date,elect by notice to Tenant to
substitute for the premises other space in the Shopping Center of which the premises are a part(herein called the"Substitute
Premises")designated by Landlord,provided that the Substitute Premises contains at least a usable square foot area that is not
more than ten percent(10%)smaller,or ten percent(10%)larger than the usable square foot area of the premises and has a
configuration substantially similar to that of the premises. Landlord's notice shall be accompanied by a plan of the Substitute
Premises,and such notice or the plan shall set forth the usable square foot area of the Substitute Premises. Tenant shall vacate
and surrender the premises and shall occupy the Substitute Premises promptly(and,in any event,not later than fifteen(15)
days)after Landlord has substantially completed the work to be performed by Landlord in the Substitute Premises pursuant to
Paragraph 31(b)hereof. Tenant shall pay the same rent and additional rent under Paragraph 3 hereof with respect to the
Substitute Premises as were payable with respect to the premises,without regard to the usable square foot area of the
Substitute Premises.
(b) Tenant shall not be entitled to any compensation for any inconvenience or interference with
Tenant's business,nor to any abatement or reduction of rent or additional rent,but Landlord shall,at Landlord's expense,do
the following: (i)furnish and install in the Substitute Premises fixtures,equipment,improvements and appurtenances at least
equal in kind and quality to those contained in the premises at the time such notice of substitution is given by Landlord;(ii)
provide to Tenant personnel to perform under Tenant's direction the moving of Tenant's property from the premises to the
Substitute Premises; (iii)promptly reimburse Tenant for Tenant's actual and reasonable out-of-pocket costs incurred by Tenant
in connection with the relocation of any telephone or other communications equipment from the premises,provided such costs
are approved by Landlord in advance,which approval shall not be unreasonably withheld. Tenant agrees to cooperate with
Landlord so as to facilitate the prompt completion by Landlord of its obligations under this Section and the prompt surrender
by Tenant of the premises. Without limiting the generality of the preceding sentence,Tenant agrees(A)to provide to
Landlord promptly any approvals or instructions and any plans and specifications or any other information reasonably
requested by Landlord,and(B)to promptly perform in the Substitute Premises any work to be performed therein by Tenant to
prepare the same for Tenarn's occupancy.
(c) From and after the date that Tenant shall actually vacate and surrender the premises to Landlord,
this Lease(i)shall no longer apply to the premises,except with respect to obligations which accrued on or prior to such
surrender date;and(ii)shall apply to the Substitute Premises as if the Substitute Premises had been the space originally
demised under the Lease.
32, NOTICES. Any notice required or permitted to be given hereunder must be in writing and may be given by
personal delivery,or by mail,and if given by mail shall be deemed sufficiently given if sent by certified mail,or by recognized
overnight courier service,addressed as follows:
If to Landlord: Southgate Properties,LLC
c/o Prospect Enterprises,LLC
216 Main Street
Hartford,CT 06106
With a copy to: Gersten,Clifford&Rome,LLP
214 Main Street
Hartford,CT 06106
Attention:Allan W.Koerner,Esq.
If to Tenant: The Main Street Still,Inc.d/b/a The Still
8_Suffield Street
Agawam MA 0 100 1
Either party may by written notice to the other specify a different address for notice purposes.
15
33. SELF HELP. In the event of any breach of this Lease by Tenant,Landlord may,at Landlord's sole option,
at any time,after reasonable notice,cure such breach for the account and at the expense of Tenant. If Landlord at any time so
elects,or is compelled,to cure any such breach and/or is compelled to incur any other expense because of any such breach of
Tenant(including,without limitation,attorneys'fees and disbursements in reasonable amounts in instituting,prosecuting or
defending any suits,actions or proceedings to enforce Landlord's rights under this Lease or otherwise),the sum or sums so
paid by Landlord,with all interest at the rate of ten percent(10%)per annum,costs and damages shall be paid by Tenant to
Landlord,as additional rent,upon demand.
34. ESTOPPEL CERTIFICATES. Tenant shall,upon request by Landlord,execute and deliver to Landlord a
written declaration in recordable form: (a)ratifying this Lease;(b)expressing the commencement and termination dates
thereof;(c)certifying that this Lease is in full force and effect and has not been assigned,modified,supplemented or amended
(except by such writings as shall be stated);(d)that all conditions under this Lease to be performed by Landlord have been
satisfied;(e)that there are no defenses or offsets against the enforcement of this Lease by Landlord,or stating those claimed
by Tenant; (f)the amount of advance rental,if any,(or none if such is the case)paid by Tenant;(g)the date to which rental has
been paid;and(h)the amount of security deposited with Landlord. Such declaration shall be executed and delivered by
Tenant from time to time as may be requested by Landlord. Landlord's mortgage lenders and/or purchasers shall be entitled to
rely upon same. Landlord shall,at Tenant's request provide to Tenant a written statement of Tenant's standing under the lease
and as to the existence of any know defaults.
35. MECHANICS LIENS. Tenant shall not permit any mechanic's or other lien or charge to be filed against
the premises or the Shopping Center by reason of any act of Tenant or anyone holding the premises through or under Tenant.
If any such mechanic's or other lien or charge shall at any time be filed against the premises or the Shopping Center,Tenant
shall immediately cause the same to be discharged of record,in default of which Landlord may, on three(3)days'notice to
Tenant,discharge the same,and all costs and expenses,including attorneys'fees, incurred by Landlord in procuring such
discharge shall be payable by Tenant to Landlord as additional rent upon demand.
36. QUIET ENJOYMENT. If Tenant pays the Minimum Annual Rent, additional rent and other charges
herein provided,observes and performs all the covenants,terms and conditions,Tenant shall peaceably and quietly hold and
enjoy the Premises for the term without interruption by Landlord or any person or persons claiming by,through or under
Landlord,subject,nevertheless,to the terms and conditions of this Lease
37. REENTRY,COUNTERCLAIM AND JURY TRIAL. If Landlord shall acquire possession of the said
premises by summary proceedings,or in any other lawful manner without judicial proceedings,it shall be deemed a reentry
within the meaning of that word as used in this Lease. In the event that Landlord commences any summary proceedings or
action for nonpayment of rent or other charges provided for in this Lease, Tenant shall not interpose any counterclaim of any
nature or description in any such proceeding or action,but shall bring any such claims in a separate action. Tenant and
Landlord both waive a trial by jury of any or all issues arising in any action or proceeding between the parties hereto or their
successors,under or connected with this Lease, or any of its provisions.
38. RECORDING. Tenant shall not record this Lease but will,at the request of Landlord,execute a
memorandum or notice thereof in recordable form satisfactory to both the Landlord and Tenant specifying the date of
commencement and expiration of the term of this Lease and other information required by statute. Either Landlord or Tenant
may then record said memorandum or notice of lease.
39. PARTIAL INVALIDITY. If any provision of this Lease or application thereof to any person or
circumstance shall to any event be invalid,the remainder of this Lease or the application of such provision to persons or
circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease shall
be valid and enforced to the fullest extent permitted by law.
16
40. ENTIRE AGREEMENT.
(a) This Lease and the Exhibits,Riders and/or Addenda if any attached,set forth the entire agreement
between the parties. Any prior conversations or writings are merged herein and extinguished. No subsequent amendment to
this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed. Submission of this Lease for
examination does not constitute an option for the premises and becomes effective as a lease only upon execution and delivery
thereof by Landlord to Tenant. If any provision contained in a rider or addenda is inconsistent with any other provision of this
Lease,the provision contained in said rider or addenda shall supersede said other provision,unless otherwise provided in said
rider or addenda. The failure of Landlord to insist in any one or more instances upon the strict performance of any one or
more of Tenant's obligations under this Lease,or to exercise any election herein contained,shall not be construed as a waiver
or relinquishment for the future of the performance of such one or more obligations of this Lease or of the right to exercise
such elections.
(b) No payment by Tenant,or acceptance by Landlord,of a lesser amount than shall be due from
Tenant to Landlord shall be treated otherwise than as a payment on account. The acceptance by Landlord of a check for a
lesser amount with an endorsement or statement thereon,or upon any letter accompanying such check,that such lesser amount
is payment in full, shall be given no effect,and Landlord may accept such check without prejudice to any other rights or
remedies which Landlord may have against Tenant.
41. HEIRS,ASSIGNS,NUMBER AND GENDER. This agreement shall be binding upon the patties hereto
and their heirs,administrators,executors,successors and assigns. The use of the neuter singular pronoun to refer to Tenant
shall be deemed a proper reference even though Tenant may be an individual,partnership,a corporation or a group of two(2)
or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply
in the plural number where there is more than one Tenant and to either corporations,associations,partnerships or individuals,
males or females, shall in all instances be assumed as though in each case fully expressed.
42, MORTGAGEE PROTECTION. Tenant agrees to give any Mortgagees and/or Trust Deed Holders,by
Registered Mail,a copy of any Notice of Default served upon the Landlord,provided that prior to such notice Tenant has been
notified,in writing(by way of Notice of Assignment of Rents and Leases,or otherwise),of the address of such Mortgagees
and/or Trust Deed Holders. Tenant further agrees that if Landlord shall have failed to cure such default within the time
provided for in this Lease,then the Mortgagees and/or Trust Deed Holders shall have an additional thirty(30)days within
which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary if
within such thirty(30)days,any Mortgagee and/or Trust Deed Holder has commenced and is diligently pursuing the remedies
necessary to cure such default,(including but not limited to commencement of foreclosure proceedings, if necessary to effect
such cure)in which event this Lease shall not be terminated while such remedies are being so diligently pursued,provided that
Tenant's business operations are not thereby interrupted or curtailed.
43. HAZARDOUS MATERIALS. Tenant shall not permit or cause the presence of Hazardous Materials
in, on or under the Premises or any other portion of the Shopping Center. Tenant shall defend, protect, indemnify and
hold Landlord harmless from and against any and all claims, causes of action, liabilities, damages, costs and expenses,
including, without limitation, attorney fees, arising because of any alleged personal injury, property damage, death,
nuisance, loss of business or otherwise, by Landlord, any employee of Landlord, or from and against any governmental
act or enforcement, arising from or in any way connected with conditions existing or claimed to exist with respect to
Hazardous Materials (as hereinafter defined) within the Shopping Center which are the sole result of Tenant's use,
occupancy or operation of the Premises. As used herein the term "Hazardous Materials" shall be defined as any
hazardous substance, contaminant,pollutant or hazardous release (as such terms are defined in any federal, state or local
law, rule, regulation or ordinance, including without, limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended) and other said wastes. In the event Tenant shall cause or permit the
presence of Hazardous Materials in, on or under the Premises or any other portion of the Shopping Center, Tenant shall
promptly, at Tenant's sole cost and expense, take any and all action necessary (as required by appropriate government
authority or otherwise) to return the areas affected thereby to the condition existing prior to the presence of any such
Hazardous Materials thereon, subject to Landlord's prior written consent. The foregoing covenants shall survive
termination of this Lease.
44. HOLDING OVER. Any holding over by Tenant after the expiration of the term of this Lease shall be
treated as a daily tenancy at sufferance at a rate equal to two(2)times the rent plus two(2)times the additional rent and other
charges herein provided(prorated on a daily basis)and shall otherwise be on the terms and conditions set forth in this Lease as
17
far as applicable. In addition,Tenant shall pay Landlord for all damages sustained by Landlord as a result of Tenant's holding
over.
45. FINANCING. If Landlord's mortgagee requires reasonable modifications of the terms of this Lease,
Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such modifications within thirty
(30)days after Landlord's request therefor,provided the same do not affect the economic terms of this Lease. If Landlord's
right to cancel is exercised as herein provided,this Lease shall thereafter be null and void,and any money or security
deposited hereunder shall be returned to Tenant and neither party shall have any liability to the other under this Lease.
46. SHORING. If any excavation or construction is made adjacent to,upon or within the Shopping Center,or
any part thereof,Tenant shall afford to any and all persons causing or authorized to cause such excavation or construction
license to enter upon the Premises for the purpose of doing such work as such persons shall deem necessary to preserve the
Shopping Center or any portion thereof from injury or damage and to support the same by proper foundations,braces and
supports-
47. SIGNS. Tenant shall have the right to place a panel on the front faVade of the Building,at Tenant's sole cost
and expense,which panel shall conform to the Shopping Center standard. Tenant shall be permitted,with Landlord's consent,
to display interior signage visible from the exterior of the Premises and window decals provided such signage(i)is
professionally prepared;(ii)is not within five(5)feet of the lease line;(iii)is tasteful and consistent with the look of a first-
class shopping center;and(iv)Tenant has obtained all necessary Permits for such interior and exterior signs. Tenant will,at
its sole cost and expense,maintain such sign,decoration,lettering,advertising matter,or other thing as may be permitted
hereunder in good condition and repair at all times. Landlord's approval of signage as required herein shall not be
unreasonably withheld.
48. TENANT'S ADDITIONAL AGREEMENTS
A. A ff=ative Obli atibns. Tenant agrees,at its own cost and expense,to:
(1) Light Display Wind9ws: keep the display windows and signs,if any,in or on the Demised Premises electrically
lighted from dusk until 9:00 p.m.on all days during which the majority of stores in the Shopping Center are open
for business and during such other periods as Landlord may reasonably designate;
(2) Keep Premises Clean: keep the Demised Premises (including,without limitation,exterior and interior portions
of all windows,doors and all other glass)in a neat and clean condition;
(3) Storm Merchandise; store,or stock in the Leased premises only such merchandise as Tenant intends to offer
for retail sale in or on the Demised Premises within a reasonable time receipt thereof;
(4) Non-selling Space: use for office,clerical or other non-selling purposes only such space in the Demised
Premises as is reasonably required to operate Tenant's business being conducted therein,and not perform therein
any general overhead functions or functions for any other store of Tenant or for any other person;
(5) Keep Premises Attractive: maintain the Demised Premises and Tenant's personal property therein as an
attractive shopping area in accordance with the general character of the Shopping Center;
(6) Labor Regulations: take no action which would violate Landlord's union contracts,if any,affecting the
shopping center,not create any work stoppage,picketing,labor disruption or dispute,or any interference with
the business of the Landlord or any tenant or occupant in the Shopping Center or with the rights and privileges
of any customer or other persons lawfully in and upon the Shopping center,nor cause any impairment or
reduction of the good will of the Shopping Center;
(7) Pay Taxes: pay before delinquency any and all taxes,assessments and public charges levied,assessed or
imposed upon Tenant's business or upon Tenant's fixtures, furnishings or equipment in the Demised Premises;
18
(8) Pgy License Fees: pay when and as due all license fees,permit fees and charges of a similar nature for the
conduct by Tenant or any concessionaire of any business or undertaking authorized hereunder and conducted in
the Demised Premises;
(9) Clean' Pro gm: participate in any window cleaning and exterminating program that may he reasonably
established by Landlord for any businesses in the Shopping Center;
(10) Tenant's Fixtures: operate its business in the Demised Premises with adequate equipment which when initially
installed,shall,be new,functional,sufficient and of first class workmanship;
(11) Garbage: handle and dispose of all rubbish,garbage from Tenant's operations in accordance with regulations
established by Landlord and not permit the accumulation(unless in concealed metal containers to be located at
the rear or the Demised Premises)or burning of any rubbish or garbage in,on or about any part of the Shopping
Center.
B. Negative Obligations. Tenant agrees that it shall not any time without fast obtaining Landlord's consent;
(1) Not Change Exterior Architecture: change(whether by alteration,replacement,rebuilding or otherwise)the
exterior color or architectural treatment of the Demised Premises or of the Building in which the same are
located,or any part thereof;
(2) Not Use Sidewalks or Common Areas: use,or permit to be used,the sidewalk or mall corridor adjacent to,or
any other space outside,the Demised Premises for display,sale or any other similar activity;
(3) Not Use goof use,or permit to be used,for the storage of equipment,the accommodation of air conditioning
equipment or for any other purpose whatsoever,the roof areas of the Demised Premises or the Shopping Center;
allow any air conditioning services representative or any other person access to the roof without the prior written
consent of Landlord which shall not be unreasonably withheld;conditioned or delayed;
(4) No Loud maker: use,or permit to be used,any advertising medium,loud speaker,sound amplifier,or radio or
television broadcast which may be heard outside the Demised Premises or which does not comply with the
general policies or rules and regulations then in effect;
(5) Not Misuse Plumbing Facilities: use the plumbing facilities for any purpose other than that for which they were
constructed;or dispose of any garbage or other foreign substance therein,whether through the utilization of so-
called"disposal"of similar units, or otherwise;
(6) Not Damaee the PregMises: perform any act or carry on any practice which may damage,mar or deface the
Demised Premises or any other portion of the shopping Center;
(7) No Vending Machines: except as expressly identified herein and permitted hereby,operate on any part of the
Shopping Center(outside the Demised Premises)any coin or token operated vending machine or similar devise
(including,without limitation,amusement devises and machines for the sale of beverages,foods,candy,
cigarettes or other merchandise or commodities). Within the Demised Premises,Tenant may operate food
vending machines as incidental to Tenant's business as permitted under Paragraph 4 hereof,
(8) No Awnings: install any awnings in or on the Demised Premises which are visible to public view outside the
Demised Premises;
(9) Window Cleaning and Janitorial Services: permit window cleaning or other exterior maintenance and janitorial
services in and for the Demised Premises to be performed, except by such persons as shall be reasonably
approved by Landlord and except during hours reasonably designated for such purposes by Landlord;
(10)Freight Handling E ui went: use any fork-Iift truck,tow truck or any other powered machine for handling
freight in the Demised Premises;
(11)Not Exceed Floor Lo ds: place a load on any floor in the interior delivery system,if any,or in the Demised
19
Premises exceeding the floor load per square foot which such floor was designed to carry,or install,operate or
maintain therein any heavy item of equipment except in such manner as to achieve a proper distribution of the
weight;
(12)Not Exceed Electrical Load: install,operate or maintain in the Demised Premises any electrical equipment which
has not been reasonably approved by Landlord,in light of the overall system and requirements therefore in the
Shopping Center;
(13)Not Permit Odors.Noise,etc.: suffer, allow or permit any offensive or obnoxious vibration,noise,odor or other
undesirable effect to emanate from the Demised Premises,or any machine or other installation therein, or
otherwise suffer,allow or permit the same to constitute a nuisance or otherwise interfere with the safety,comfort
or convenience of Landlord or any of the other occupants of the Shopping Center or their customers,agents or
invitees or any others;
(14)Not Invalidate Insurance: use or occupy the Demised Premises or any part of the Shopping Center or do or
permit anything to be done thereon in any manner which shall make it more difficult for Landlord or Tenant to
obtain at standard rates any insurance required hereunder or desired,or which will invalidate or increase the cost
to Landlord of any existing insurance,or which will cause structural injury to any building or common area,or
which would constitute a public or private nuisance or which would violate any present or future laws,
regulations, ordinances or requirements(ordinary or extraordinary,foreseen or unforeseen)of the federal,state or
municipal governments,of any department,subdivisions,bureau or offices thereof,or of any other governmental
public or quasi-public authorities now existing or hereafter created having jurisdiction in the Demised Premises
or the Shopping Center;
(15)No Solicitations: solicit business or distribute advertising or promotional matter in the common areas;and
(16)Employee Parking: allow or permit any employee in park in any area other than as specifically designated by
Landlord for employee parking.
49. PERMIT CONTINGENCY
Tenant shall make application to the Agawam Planning Department(if required)and to the Agawam Building
Department for approval of Tenant's Work within seven(7)business days after the execution of this Lease. Tenant shall
application to the Town of Agawam Alcohol Beverage Commission and to the MA Alcoholic Beverages Control Commission
for authorization to transfer Tenant's liquor permit to the Demised Premises within seven(7)business days after execution of
this Lease. Tenant shall make application to the Agawam Building Department and the Agawam Fire Marshal within seven
(7)business days after execution of this Lease to inspect the Demised Premises and approve for Tenant's proposed use.
Tenant's obligations under this Lease shall be contingent upon receipt of the aforementioned approvals(the"Approvals").
Tenant shall use its best efforts to diligently pursue the Approvals. Tenant shall provide Landlord with a copy of the
applications,and all communications with the licensing authorities regarding the Approvals. If Tenant,notwithstanding its
best efforts,is unsuccessful in obtaining all of the Approvals within one hundred twenty(120)days from the date of this
Lease,either party shall have the right to terminate the Lease,unless Tenant has notified Landlord in writing that it has waived
this contingency. Each party's right to terminate the Lease,under this Paragraph,shall lapse one hundred twenty(120)days
following execution of this Lease.
50. LANDLORD'S WORK
Landlord will commence Landlord's Work,as described on Exhibit D,promptly upon receipt of written notice from
Tenant that the Permit Contingency set forth in Paragraph 49 has been satisfied or waived,and will thereafter diligently pursue
completion of Landlord's Work.
Remainder of page left blank
Signature Page follows
20
IN WUNESS VVSl3, MY,6c pwue s#mvw have i1muft sa thletr hsads add seals dw day and yesegt a=above
VY�t'(ttetl.
StpH*Staled,gad Delivered LANDLORD-
in The i[ S"ftaft LLC
sy
i Moot B.Crc[s+peA,
lb Mwngw
fyl� �r TENANT.
t
Tht Mafa Street StIK bm dAVa Ilk S
bn Madam
its Prosidemt
STATE OF CONNBCTICUT:
ss.Hadbrd
COUNTY OF HARTFORD:
L,
On this fi" day or ,2010,p msoually qp mwbd Eliot B.Gerstaq as Mmgm of Swaftme Pmperdm
LLC,a wags tiomitcd lla xW 00vVny,smear and maim of 6e.fceomm Instrsnaafi.trod wbwwlodgd lire some w
be his free act and dead and the fteo act and deed of said listtited liability oompseay,bef v c me.
w Mn -
Catatmsissiocast of d,SVG iot Gaut [i Z$ c S j"►�1e
. M
�. 4t o V -F'(ems COMMONWEALTH OF 1t ASSAC USETTS
COUNTY OF-N*%OgM* SS
On dtis Xf day of Februery,2010,personally sppm*d Jobs 1faslar,as Praaidaot of The MAU Sheet Stilt,tat.
dlb/a The Still a MnodWnm corporations.sipmr and sealer of dte fad iQw-neait and ataaoavwWpd toe sages•o be
his tree art and geed and'the free act and deed of said corporauoty before roe.
"UN N.WAMER N Publie
n Notary pwft•State of Florida
Mir Gommiasion Expires Jtd 26,2011 y
= commission EX*M
Commfssion#00 675879
Sw4adTltr *NaWWNalery Assn.
21
EXHIBIT A
DEMISED PREMISES
Attached
22
EXHIBIT B
COMMENCEMENT DATE LETTER
Reference is made to a Lease(the"Lease")between Southgate Properties,LLC{"Landlord")and The Main Street
Still,Inc.d/b/a The Stiff("Tenant"), dated February_,2010.
Unless otherwise defined herein,all Capitalized terms in this letter shall have the same meanings assigned to such
terms in the Lease.
The parties acknowledge and agree:
1. The Commencement Date under Paragraph 2 of the Lease is agreed to be 2010
2. The Rent Commencement Date under Paragraph 2 of the Lease is agreed to be 2010
3. The initial term of the Lease expires
AGREED TO:
SOUTHGATE PROPERTIES,LLC THE MAIN STREET STILL,INC.DB/A THE STILL
By: By:
Eliot B.Gersten John Maslar
Its Manager,Duty Authorized Its President,Duly Authorized
23
EXHIBIT C
TENANT'S WORK
24
EXHIBIT D
LANDLORD'S WORK
The Landlord shall be responsible for providing all labor and material to repair any roof leak,replace ceiling tiles,and to bring
necessary utility services(gas,electric,water,and sewer)to the perimeter of the Demised Premises. The work shall be
performed in a good and workmanlike manner in accordance with all prevailing codes and ordinances. In addition,Landlord
shall provide a working HVAC unit adequate to service the Demised Premises.
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN SOUTHGATE.
PROPERTLES,LLC AND THE MAIN STREET SELL,INC.
DIWA THE STILL
REFERENCE is made to a Lease dated Febnrary 26, 2010 by and between Southgate
Properties, LLC, a Massachusetts limited liability company ("Landlord") and The Main Street
Still,Inc.dlbla The Still,a Massachusetts corporation("Tenant");
WMREAS,Tenant has received all of the Approvals referenced in Paragraph 49 of the
Lease;
WHEREAS, Landlord has returned to Tenant Tenant's initial deposits in the aWgWe
amount of$7,500 made simultaneously with the execution of the Lease;
Now THEREFORE, for valuable consideration, the receipt of which is hereby
aclmowledged,Landlord and Tenant mutually agree to amend the Lease by this First Amendment
as follows:
l. Section 24 Term of the Lease is hereby amended by adding at the end of the first paragraph
of Section 2 the following:
`NvtwithsiandWg the foregoing, L,andIcad and Tenant agree that the
Commencement Date and React Commmxnatent Date of this Lease shall be July
15,2010 and the Lease Termination pate shall be July 31,2015.
2. Seetien 3.RA&A of the Lease is hereby amended by deleting the first paragraph of Section 3
in its entirety and substituting in its place the following.
"The $7,500.00 initially deposited by Tenant with Landlord upon execution of
the Lem has been returned to Tennant and rno further credit or deposit shall be
due Tennant.
The Tenant shall pay Minimum Annual Rent during Year One of this Lease as
follows:
Tenant shall be entitled to a t+ d credit equal to the amount of rent due as of the
Rent Commencement Date through November 30,2010 for certain work repairs
and improvements performed at Tenant's expense to obtain its approvals_ In
consideration thereof, Tenant's obligation to pay rent to Landlord shall
commence December 1, 2010 in the monthly amount of $2,19333 for the
remainder of Year One of the Lease ending July 31, 2011; no other credits,
offsets or payments shall be claimed due by Tenant fi-om Landlord as of date
hereof. "
3. Section 19.SMritx Des it of the Lease is hereby amended by deleting this Section 19 in
its entirety and substituting in its place the following.
3 "Nola."
i
1
-- .... _ r•,v,. ,..�t, ...urn,,,•a. 1z1Jr o-V43VOE 1-1LZP
LOWED GUAJL4NTY
IN CONSIDUAT70N of tlue vmcMm apd delivery of the mMWbed L (the-Law")by and between
SOUMOATE PROPERTIES,L.LC as Lamdoad,aad THE MAIN STREET S1 BJ,DX-DiIAJA TITS 3TIx.I*as Teuvat 6e
wed,JOHN MASLAR CG=mgan,rftft at 47 FOREST RU)GE LANE,HOLYORE,MA 01001 hereby
gusuaatees to La,e&m*i8 sueomom and ate,the payment of the tent(mchding addibf=d rma)mur"d m the I+emse and
*e perfommanae by Tenant of zta 000venams3 mind agmemab tlteram tonmww .Cmaram®ar hereby w peeWy war4a aWce of all
deba)%and hereby waives Wl=vWsh p debases,Gummta apta that the wawa of mW n#ft by lamdotd Npbm Teom"
ari *out of defisib by Team shall not it ally vmy mod[y or mhme tltc ob4ga4oms of Gumttntor.
Guam waivrm may right to reqmm Laasdlord to: (x first Prooeod agamsr Ted or pursue+coy dom or remedies
with raVext to the Lease,(m)proceed apmst or exhmast may Ummy Ow Landlord bolts:tiromt Teemm 4 or(m)pmw any ftier
remody wha moever. LoAdlord AM have the tight to eafarce this CmwamRy rtsetcrdless of the aooept iam of ad'diwW semity
from Team and rem of the release or dbebwge of Teem by Ludkwd or by**Am of by operatim of lair.
CAum mor shalt pay Iaadkeds raasowdAo wtonwye f=and all coats and albs Opsm kom ed is may aWkctim or
attempted coUndan of this Gum inty or in any negodatkms selative to the aNi ptiom bersby gmvmmx_ Alt rom and
ramedws of Landlord=der this Guama*shaft be awwAatnt and may be exercised singly or camaryenly.
This Gum=ly,the Lease aW all amaxhnem amd modi eau ms themto,eacept as sm ft*tern the Lease or in any web
anaeoftem or modif m;"bt:binding upon the Ow aster.Ibis Caamatdy shalt bwre to the baiaffs of the Lattidk%*mud
its bets,legit repro vest'smumson and assigns;aid shall be bmding an Ow[1Qarwwr and hs w ora and msigoa.
This umtr m may not be clArtged,modifixd,discLvgtd or tatmimued malty or k fty=m=a odw Om by m Wetmpmt in
wraerg Pswd by Groan for amd dtc Lsndlmd.
I+o withstandmg the fctregomi&CmwmWs Imbi>hy anft win Cn ty shall be trod to tk failatc►M(1)A
obhpttm of the Tedamit wuW the]ease, pwyndmlt of nth ad&&W=4 rcff.arim"wkl tr one yaw kdowing the
Groans NO;and Q)all obi of tine Tcmat umvingter the Leas%MclnftS the parynm*of rear mid
additional rat,up to and ndudimS the date drat Team vacates tiro Demised Premises is compliance wit Paragraph 10 of the
Lease. FoHowmg rho date that Tavot Yacases the Demised Premms set compbamot with Par mph 10 of dds Leine aw fardw
liability shall tune under this Guacraraty. .r—
IN WM=WHER107,Guarantor has cmxed this Gummty to be execrted as of this day ,ofFebr>my,
2010,
A 1-e,0�01
Jo6m
26
4. Section 49.j§Mkfev§Wna of the Lease is hereby amended by adding at the end of
this Section 19 the following.
-rwant acknowledges did atl approvals and permits have now been obtained,it
is open for business and accepts the Premises and as such,this Section is hereby
waived"
In consideration of the above terms,the Tenant hereby knowingly and voluntarily releases,
discharge and forever waives any and all claims, demands, obtigadom liabilities, deEmes,
affirmative defenses, setoffs, oounterclaims, actions, and causes of action of any kind or nahrre,
whether known or unknown, whether asserted or unasserted, which it does have, may have, or
might have or may assert now or in the future against the Landlord, or it's members, officers,
directors, agents and representatives, arising out of, based upon, or in any manner whatsoever
relatdl to the Lease,improvements*creto and oempancy by Tenant of the Premises.
- Any Capitalized terms not otherwise defined herein shall have the same definition as their
capitalized cm terparts in the Lease.
{ COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may be executed
simultaneously in two or more cotmterpar K each one of which shall be deemed an original,but all
of which shall constitute one and the same instrument.A counterpart may be delivered via facsimile
and the facsimile received will be deemed to be an original.
Except as specifically amended herein,the Lease remiss otherwise unmodified and m full
force and effect.
W WITNESS WHEREOF,The Landlord and Tenant have caused this First Amendment to be
duly executed and sealed,this the day and year first written above.
q A►dvE.wRlZ
Signed this S date ofOctubei.2010.
LANDLORD:
SO OPE LLC
Witness , Audrorized
TENANT;
THE MAW STREET STILt.,INC
d/bla THE STILL
By:
A� -P..- vd..e - - -
Witness er,Its PAi&AIr
�ry Authorized
1
�r� AtunqL
TOWN OFAGA M �t(d S4
36 MAIN STRE T
AGAWAM,, MA 01001
ti DECISION OF BOARD OF APPEALS
g7Ea May`
Petition of: The Main Street Still,Inc.
Premises affected: 858 Suffield Street I
Date: September 26, 2011
Case#: 1878 I
The Agawam Board of Appeals conducted a public hearing and meeting on Monday, September.
26, 2011 at the Agawam Public Library Community Room, 750 Cooper Street,Agawam, MA for
all parties interested in the appeal of The Main Street Still, Inc., which is seeking a Special
Permit in accordance with Section 75-1, Paragraph B of the Code of the Town of Agawam to
allow for more than four(4) amusement devices at the premises identified as 858 Suffield Street.
After the public hearing and after a thorough review of the facts presented, the Agawam Zoning
Board of Appeals made the following findings:
1. The subject property is located in an area of Town zoned Industrial B. 7
2. The business premises in question is a bar entitled "The Still". It is one of several
establishments located in a strip mall known as Southgate Plaza.
3. There are already four(4) licensed amusement devices in the business premises in
question. The petitioner is requesting to be allowed two(2) additional amusement
devices. c I
4. Section 75-1, Paragraph B of the Code of the Town of Agawam states "....Any indivual
or business desiring more than four automatic amusement devices on a single busineV
premises shall require a special permit from the Board of Appeals. me
5. A memo received from the Liquor Licensing Commission, dated September 23, 201;
states the business in question has received several liquor violations but the CommAorZ' ,---�
has no objections to the amusement devices in question. ao
6. This specific site is an appropriate location for the proposed use. Amusement deviem are
common in establishments such as the business in question. r�i
7. No evidence was presented to this Board showing that the use will have an adverse affect
the health, safety or property values of the neighborhood.
8. The proposed structure will meet all zoning regulations providing adequate and
appropriate facilities and controls for the proper and safe operation of the proposed use. 7
9. 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 Board is of the opinion that it is within the authority of the Zoning
Board of Appeals to grant a Special Permit as stated under Section 75-1,Paragraph B of the 4
Code of the Town of Agawam.
1 I
DECISION (p.2)
The Main Street Still, Inc.
Case# 1878
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 two (2) additional devices (six
(6)amusement devices in total) with the following conditions:
1. The proposed amusement devices are to be allowed according to the plan submitted
entitled"New Floor Plan" and signed by the members of this board.
2. The petitioner shall secure annual licenses from the Town of Agawa.m's City Council as
required by Section 75-1, Paragraph A of the Code of the Town of Agawam
3. There is to be no audible music played in the kitchen area.
4. 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.
5. This Special Permit shall become null and void if the proposed amusement devices are
not installed and receive proper licensing 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 AGAWAM
O 9� 36 MAIN STREET
AGAWAM, MA 01001
y�
BOARD OF APPEALS
�gTEp MPy
co 'P-M
SignatoKy Page of Decision 3� 1
= 3ru;
d
N -n
Case #: 1878 �" I
Date: September 26, 2011 1
Applicant: The Main Street Still, Inc.
Address: 858 Suffield Street 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 G Su iti Jaynes Marmo
Gary Geiger(Alternate) Richard Maggi (Alternate)
f
1 1 1
1
ny},•�� � I i e
l[tt II 1
(74-
�Eg
El
' [ II n
ID: 11
I I mN
ca
S ' IN ci
C� LL ff�1
G
oila � k
74
,t
I,
ot S 90--ql f,�y
.....................................
.... .... (N
....................
A� F It lt!��Ly
TOWN OFAGAWAM
36 MAIN STREET case #:
AGAWAM, MA 01001
Filed:
BOARD OFAPPEALS Hearing: �� ���.
D MpyExpires:
......................................................fta"................ ......................C=
Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning andw
other By-laws. ::x
coo
Applicant Kapetanios, Realty, LLC
O Fi
Address 916 Suffield Street, Agawam, MA
Application is hereby made for a SPECIAL PERMIT as provided by Section 180
Paragraph 55(31) _ of the By-law.
Premises affected are situated on Suffield Street; 01 feet distant
from the corner of St. Jaques Avenue S#M and known as street number 916
Property is zoned as industrial B
Reason(s) for request of Special Permit:
Applicant proposes to install equipment necessary for the operation of a facility
to be licensed to distill alcoholic beverages pursuant to M.G.L. ch. 138. The
Building Inspector/Zoning Enforcement Officer has suggested that this would require
a Special Permit pursuant to Section 180, paragraph 55(31) in that such a use might
commonly be regarded as "hazardous or offensive".
i.,U�Ar-To"e- '422t)12-4 V161Cj-VJ7`, )0
A.
417.�44
SioWure of owner or his authorized agent:
Kape ol Realty, LLCl/Byl Antonjos zos
Telephone #: (413t330-8321
NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN
S047r(Wvd, CY07 7
L/�3 , J2 -7- 0
Print Page 1 of 1
A
b
Au
42.
I718 o Ce entiVO00 t�
ST 3A
IL
� � I
SO
i
Date: 12/05/11
Parcel ID: 17 18 0 213 426 Feet
Owner: PANANAS REALTY INC Interactive Map
Parcel Address:916 SUFFIELD ST Scale: 1"=213' (1:2556)
http://hosting.tighebond.com/agawam/print.aspx?maptype=5&image=http%3a%2f/*2fproj... 12/5/2011
HAMPOEK CMMTY REMIRY OF CUBS
0 fttya'-'@ 10-07-2011 a 12.&25pm
MUM 441 I 54217
Few. QPM. ems; QYOM.88
MAMCHUSM8 VqRhVM=XE=BY CORMMTICK
rt
MOW ALL PRMNS BY TRESE PRESENTS, that TDam MA,,a natic oral
hankIng amciation having a pri ipa1 PLV4 ofb ' =9 at 1441 t n �� ngficld, IAA
01103 ceder it martop mm Pam It I .w TO Bankam* .& dated JMUM Y 15,
2008, rem*d wi&thalu pdt CMWtYRgg!stry ofDtcd.%, in Book 17112, Pao 39, by tho
power confimed by said mortjage and Overy other povmr, .fir Slx Hundred Thousand and 00110a
, .0Q)Doll pad, gmts 10 KaPrWlos Realty
IB C, a Massmehmetts limited liability
eompafty haviijS 4 pz1nAW phoe of business of 2 Gcryk Cc A Solathamptcu, MA 01073, the
PM
MIWA 0MVqMd by ssid Mortvgc
Fast Off' Addreg f the Pmmisast
916 StieJd �, iA
WITNESS ft won and sM ofutd Bank iffis day ofOatobcr, 2011,
TY-TD Bares NJL
J
ttiofttnd seal ofsed Bankthim dzy c t bcr, 7-011.
UTDRsak.N.A.
JU eall Garrett
Its W& f0l IIV
Duly Auffiorhmd
(Am\waAW Ss.
On*isA-V�Wof e ' e r 2011, hefom men the-underg-Igned natm7 puhli% pia ly
� proved u # erg
of identlflcatior4 which vms to br, the
pars whooe n=e is signed on the prccoffitg or del doomaza, mW amknawl$dgod to r
that hofshe signed it valtulty kr its stem Ca,
of'
fttk N.A.
My tu LxAm arm
1VAM
MC 18946 Pg313 #54217
IV
IT
L 114 nod in the foregoing dead, make c uth emd
say that the principal and i>tmst obligations meaftod in the mart Me above rcforred to were
not paid or tendered or perfbrmefl when due.w p 'to# sale, and that 1 published on the 2'�
and 1,Gth days of Aug t, 2011,Mn The Republican,.a new pet published or by its title page
ping to br,published in Springfield, Hampden County, MA and having u gcaeral
cimlation in Agawam, MA, it nodee of which the foRawing is a tmo oopy ('`Notice'):
See]RXhibjt ,,An AttaAcd Hereto anal Ineml'ponded Herein,
l also emptied with Chapter 244,Seetloh 14,a massaehusefts Gen=[ Lew% as amended, by
mailing the required natke, certified mall, return receipt roqucsbd, and Z oomplicd with?
U.S.C. 74 (c)by mad ling the wired notice„ ecrtif ed mail, return receipt mquestad to the
Intel Rzvmue Service.
hutsuent to said Notice, at the time.and place On-n appainted, Apguat 31, 2011 at 11:00 a.m.,
on the massed pram at 915 Sui�eld Sty igawmry MA. I sold the mortgaged premisca
at public auction by PaW Scheer, an auctlaneer of Aaron Fasnik &Co., inc., 93 State Street,
Springfield, MA to Kapmnics fealty, LLC,a M achusetts limibed liability company
C"Gmmntae"), nbave rated, for Sir Flundred and 00/100($ 00,0a0 00)Dollars bid by
the Gramm, Ong the hoc& bid made theraffir st said auction.
Teatll Garrett,
at public auction by Paul Serecr,an auctlaneer of Amen Pomik& Co., Inc. 83 Stafc S
SpringficK MA lo Kapstanios Rmlty,UC, a M sa�chuseft limited liability company
V` ntee7)s a t�alz 4 for Six F1t ed ih and MOO($6DD,QOD 00)Dnlllars bid by
Ow Grant , being the highest bid trade therefor at said auctlon.
Taall Garrett
« TD Bait,NA.
STATE OF �►�'
On this - of eta r,2011.bef eCYne,the wt rra geed notary publics pusonally
eared ', Prmd to me through satisfactory
evidence of idaMcad� which was the
pe"an whwe twe is siped on dx wmeding o sd dint and acknoWledged to me
that he/she sib itvoluntarily 1br its anted Purpo
Mir COMMiSSIan B PIM.'
AMP` 4tffa
39'-5"NEW DEVELOPMENT W IN EXIST STRUCTURE
I I
,--------------------
3 , �0" a STILL + 3
;n Z 41
4
W bra�'P j
> a U
w DISTILLER F-11 712 SQ. FT. Lj
W �
011'x5' roof W LO
Z 2 ' i - opening for o
Q {.J Q c0 + * Penthouse N
zt
W ri above
w x �
0 � Z , _ ZU
Q .7 _--_J exhaust fan 'n
O2 speed
cc
°14
u ---------
W Q EXISTING ALUM & glass wall
J W
W — x
a RESTAURANT [A^2]� I
z
o BUILDING CODE
La, n All existing structure, 12" solid masonry, constructed 2007 con type 3-S �s�� q
O Existing building is fully sprinklered sGA r
U Building code 2009 International Building Code
` Existing occupancy Mixed Use Group Separated incl F-1, A-2 & A-3
Proposed occupancy-Mixed Use Group separated incl F-1, A-2
occupant Load Distillery = 1 worker N
Single Exit Tbl 1015.1 Maximum occupant load allowed is 49 w
Travel distance to exit maximum permitted Tbl 1021.2 single exit is 75' s
RESTAURANT actual travel maximum is 37' x
7 n GENERAL NOTES & LEGEND g ,
Floor P 1 a 1 O sprinkler contractor to install heads along this line s o
pp so as to form deluge along glass wall LL gI
s a 1 e . 3/p" = 1 ^0 i� O2 Roll up door - motorized Boston Retail 6" high, rigid vinyl base g
O48 trench drain, wheel loaded (5 clean & seal existing concrete fl FI
Distillery see vandome copper & Brass works Dwgs dated 12.02.11 roe: oFi1.3.
A"A
1 hour rated wall to underside of roof deck, 112'_type x J
39'-5"NEW DEVELOPMENT W/ IN EXIST STRUCTURE
y0m
L_____________ --J
3 3j.
'0'� O STILL `i 3 z w
"' w �
Q DISTILLER F- 1 712 SQ . oW
W 7 > �
011 x5 roof w U)
Q Ce V tL� r + -- - ---��opening for N
Q Penthouse 0
W Z above X
0 0 rr__. A-- W
� L
_ exhaust fan Z
0 z speed g
-- --- 6 ,�----peed N
w
W EXISTING ALUM & glass wall
J W
W Ce
Q RESTAURANT [A- 2 ]
p BUILDING CODE p `
cc Ln g All existing structure, 12" solid masonry, constructed 2007 con type 3-B .r
w 0 Existing building is fully sprinklered o
Uzi 9 0
3 Building Code 2009 International Building code M �
Existing Occupancy Mixed Use Group separated incl F-1, A-2 & A-3
Proposed occupancy Mixed use Group separated incl F-1, A-2
Occupant Load Distillery = 1 worker o
Single Exit Tbl 1015 . 1 Maximum occupant load allowed is 49 J
W
~ K 1
RESTAURANT Travel distance to exit maximum permitted Tbl 1021. 2 single exit is 75 ' � �^
actual travel maximum is 37'
a
GENERAL NOTES & LEGEND a
a �
o 8
F 1 r PanSprinkler contractor to install heads along this line LL
O so as to form deluge along lass wall N ZE
g 9 9 W
S C a 1 e • 3/8 11
„— 11 — 0 1 F O Roll up door - motorized O Boston Retail 6" high, rigid vinyl base a °`
48" trench drain , wheel loaded Tclean & seal existing concrete fl
Distillery see vandome Copper & Brass works Dwgs dated 12 .02 . 11 Boa: GFlz.l
1 hour rated wall to underside of roof deck, 112" type x
o A-1
A-: ltlt4
TOWN OFAGAWAM
3 6 MAIN STREET
AGAWAM, MA 0I001
BOARD OF APPEALS
January 3, 2012
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Community Room, 750 Cooper Street, Agawam, MA, beginning at 8:00 P.M., Monday
23,,2012 for the following:
Case #: 1884
Petitioner: Kapetanios Realty, LLC
Address: 916 Suffield Street
Reason: Seeking a Special Permit in accordance with Section 180-55,
Paragraph B (31) of the Town of Agawam's Zoning Ordinances-to
allow for the operation of a distillery for alcoholic beverages at the
premises identified as 916 Suffield Street.
Advertise: Thursday January 5, 2012 and Thursday January 12, 2012 a
Doreen Prouty r
Chairperson
DPljb
Q �+
to C�
TOWN OFAGAWAM
36 MAIN STREET
A GA WAM, MA 01001 Ile &gmd
h DECISION OF BOARD OF APPEALS
c�
Petition of: Kapetanios Realty, LLC -
Premises affected: 916 Suffield Street
c.n
Date: February 10, 2012 cn
Case#: 1884 � I
The Board of Appeals conducted several public hearings and a meeting between January 23, 2012 and
February 10, 2012 for all parties interested in the appeal of Kapetanios Realty, LLC, which is seeking a
Special Permit in accordance with Section 180-55, Paragraph B31 of the Zoning Ordinances which
would-allow for the operation of a distillery for alcoholic beverages at the premises identified as 916
Suffield Street. I
After the public hearing and a thorough review of the facts presented, the Agawam Zoning Board of
Appeals made the following findings:
1- The subject property is located in an area of town zoned Industrial B.
2. The petitioner wishes to install distillery machinery within the existing structure.
3. The alcohol to be distilled will contain in excess of 16% alcohol content. I
4. The 2009 International Building Code classifies beverages with over 16 percent alcohol content under j
Section 306.2 "Factory Industrial F-1 Moderate-hazard Occupancy".
5. Section 180-55, Paragraph B Q 1) allows an industrial purpose for"All other enterprises or uses
commonly regarded as hazardous or offensive.' but only after a public hearing before the Board of
Appeals. j
6. Agawam Fire Chief Alan Sirois spoke at the public hearing stating he has no objections to the
proposed distillery.
7. A memo was received from the Agawam Fire Department, dated January 26, 2012 stating "The
cooperation of the applicants has allowed all the aspects of concern to be addressed."
8. This specific site is an appropriate location for such a use. Industrial B districts allow for the proposed
use. i
9. No evidence was presented to this Board showing that the use, as developed, will have an adverse
affect on the health, safety or property values of the neighborhood.
10. No evidence was presented to this Board showing that there will be any nuisance or potential hazard
to vehicular or pedestrian safety.
11. The propose use will meet all building and fire safety regulations providing adequate and appropriate
facilities and controls for the proper and safe operation of the proposed use.
12.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.
f
DECISION(page 2)
Kapetanios Realty, LLC
Case# 1884
Based on its findings, the Agawam Zoning Board of Appeals is of the opinion that the requested relief is
within the authority of the Zoning Board of Appeals to grant a special permit under Section 180-55,
(B31) of the Town of Agawam's Zoning Ordinances.
Therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby
grants the petitioner a special permit for the instillation of distillery machinery, subject to the following
conditions.
1. This special permit is for the operation of the distillery machinery only.
2. All building and fire safety regulations must be met.
3. The petitioner shall record with the Hampden County Registry of Deeds, a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be submitted
to this Board and to the Inspector of Buildings.
4. This special permit shall become null and void if construction does not commence within two(2)
years from the date of this decision.
This decision is subject to appeal in accordance with M.G.L. Ch. 40A, Section 17 within 20 days after
this decision is filed with the Agawam Town Clerk.
Attachment: Signatory Page of Decision
TOWNOFAGAWAM
36 MAIN STREET
a► AGA WAM, MA 01001 fit r r,
ti `ham BOARD OF APPEALS
ATED Mpy
cry
f�
Si ng atoa Page of Decision
Case #: 1884
Date: February 10, 2012
Applicant: Ka etanios Really, LLC
Address: 916 Suffield Street 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.
5
i
Doreen Pro ty ary Su ri i James Marmo
Gary Geiger(Alternate) Richard Maggi (Alternate)
/ S
S�
t� TOWN OF AGA WAM
36 MAIN STREET `}Z
AGAWAM,, MA 01001
BOARD OF APPEALS
ATED May A
Signatory Page of Decision
Case 4: 1884
Date: FebruM 10, 2012
Applicant: Ka etanios RegLty, LLC
Address: 916 Suffield Street
By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the
petitioner a Special Permit.
This approval is subject to the conditions set forth in the attached written decision.
Doreen Prou Gary Suffriti James Marmo
Gary Geiger (Alternate) Richard Maggi (Alternate)
I hereby certify that more than 20 days have elapsed since the date of
tt�e grant of t e ap lications and that no appeal has been filed .
Richard M . Theroux , Town Clerk
Parker & O'Gra
ATTORNEYS AT LAW 124 College Highway,P.O.Box 249,Southampton,MA 01073 Q249
(4)3)527-8661)voice (413)527-6523 fac www.parkerandogi-ady.com
Cheryl A.Parker cparker@parkerandogrady.com
Wilfiam J.O'Grady wogrady@parkerandogradycom
Martha Q. Ferrabeto mferrabelo@parkerandogrady.com
March 13, 2012
Attention: Richard M. Theroux,Town Clerk
Town of Agawam
36 Main Street
Agawam, MA 01001
RE: Kapetanios, Inc.
Dear Mr. Theroux:
It would be greatly appreciated if you could provide to me copies of each of the decisions
of the Zoning Board of Appeals granting two separate special permits to Kapetanios, Inc.
for the premises located at 916 Suffield Street bearing your offices' certification that
more than 20 days have elapsed since the date of the grant of the applications and that no
appeal has been filed, all pursuant to Massachusetts General Laws, Chapter 40A, §11.
For your convenience, a pre-addressed, stamped envelope is enclosed.
Thank you for your attention to this matter.
VeryE ( y urs,
} l
i�
William J. O Grady, Esq.
WJO/cbd
Enclosure
cc: Tony Rizos
1:1Bi11-CindyIKAPETANIOS REALTY LLC1Lt to town Mar 13
73 Chestnut Strcct,Springfield,Nth 01103
(413)737-7694 voice
too p e4an las �R ea I �-(
..................... . .... .. ..... . . . .
TOWN OF A GA WAM FOR OFFICE USE ONLY
I 36 MAIN STREET Case #.
AGAWAM MA 01001
Filed: /
BOARD OF APPEALS Hearing:
ATED M Expires:
.....................................................................................................................................
Application to Board of Appeals for SPECIAL PERMIT as provided in the Zoning and
other By-laws.
Applicant K,A?_&_f 1Ui0S AcPALTZ L L c-
Address /6 sEt �tL ���' 14 C-4w ( 1
Application 's hereb made for a SPECIAL PERMIT as provided by Section
Paragraph . of the By-law.
Premises affected are situated on .S u'C4flCL� Street; feet distant
from the corner of ��i —4A QUJS AW1 S#ee't and known as street number
Property is zoned as
Reason(s) for request of Special Permit:
&L&t c*vf Nofis�3 o�o -f#c� e,�lets5rwc-
qdA
�w y a
ct
SiqvA#urtbf owner or his authorized agent: Y
cm Telephone #://
r
01a 7,7
NOTICE: THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN
hAMMSETTS STATE EXCItM TAX
HAMMEK CTY ItESISRY ADS
F t -Q.,MW ems- Warow.00
KNOW ALLPERSONS BY SSE PRESENTS, that TD Bark, XA, a national
h k1r Swciation � a PrIMIPoJ � 00Xot
- s 1441 Haig �� 30116,0 d:s
0110 � of a mutt m P Mm: � .to TD B an kricath,' 'J L .datod Jwuary 1
20383, ri d with the fbmpdm (>=V Rggistty ofbeeds, in Book. 17112.) K o 33, by tho
r cmferred by said martzap and avmy other Pmmr, Ibr SIx Hum Thousand and 0011 Oa
company ha ina s.prlxx�i . p1= of huAness of 2 Gcryk Coue, So-Qthwnptcn, MA 0 1073, thr-
pi-mises oanveyed by said mortga o.
Est
Office Addt X-" fthe PMW iseS:
9 1 6 uffid tx pm7r M
VTJNESS the=e=tion mid seW ofsald Bank dfis dzy o O=bety 2GII.
UTDEIank,fNJL
3 t .o cxecution and seal sad Bank this day afOctober, 2011 .
UTD ]3ankNJL
3
fits
DuJ,y Atthorrb4d
S
NW
of Offer 201 L, before m tha undwkr -ed now public p( WE
ptd to =mug Sarmactary
Jo bo the;
rme 'stied.on .e pr�iitg or shed dog and-acknowledgedme
nd it volunWity Ax lb sUfted . as off
i
'S• t
Y �.8vitem
i
1
W
at public an ion by Paul Scbeer,aft aver of AarDn.PosuR&Co., Inc., 93 Stdc Strut,
Springfield,MA to Kapmmios RmIty,L C,,a. sachuscft Umbcd liability compffixy
above Hamel, for Six: mod.` 'h &d and O .00 ( 6 ,OOD OC)Do gars bid by
the Gram} being the highest laid made cnefor itt saW malom
_ t
TIC Bate,,,NA.
STAn
b SSA:
Gin t r , N tdayofortahel i ly b�f xe e, the� igmed Wotan public. w
appeared proved to me ftm gatisf
evi-dence of d fwWot-4 which W xf xw to be the
Pe non whose amc Is signed on Ili ceding d dod &Fumcn4 and acknowledged io me
that hechc sib It valuhttrt'-y for its meted iaurpo
Notary Public,
VF Fm
=
18946 Pg313 #54 17
AFFIP&IT
namod ir ft iffiregoin deed! make nwh end
say that the principal znd Interest Wigations m. trod in the mmigage abwa,=fi=ed'ta were
not or tiered or Mformed whm due r to ft:�ate, andthat 1.published on the 2"4�
" and I Gth .&of 1igus� 2011,In'The Reps blica ,,a.nvwsraperpublished or by its title page
purportinS to bo published in Sprimfi eld, Hampdm County, Imo;and luwing,a general.
circulation In Apwarn MA, a not--of which the fallowing is a# o copy ('Notice-) ,
Seems Rxhibit " :" tt hcd Hereto and Thourvoratcd Herein,
l als complied wit Chapter 244,Scction 14,dImassachus General Lam,, as en-ded, by
maifing the required notkci ztitificd mail, re-Lum reec ptr uc d, an(I1 comprlicd with 26
U. , 7425(c)by mallid he refired notice, certified wilt ream reeueigt=qUested to the
Internal due Servke.
Pmatmt to said otf � at the (i ne and place th � T A appo ntrd, iApst 31, 201 l at f l a m.,
the m�r� ad,premier at 91.6 S 'teld St # ga arn, Mk I said the mortgazed Premise
at Public auction by Paul Schecr,aft aucthac of Aaron Posnik,&Co., lno, 93 State S;tit,,
SpfingfieW, MA to Kapeumios Rmdty, LLCV ;a M issachusefts limited liability comps
O'G-ranter ), above named, for Sian Hundred`x'h� � and 00/1CO 600,00 00)Dollars 'bid by
the Grantee, being the.h het bid made there r at said auction.
_ l '
74411 Gerrett
hank.
J
i wed -
TOWN OFAGAWAAf
36 MAIN STREET
AGAWAM,, MA 01001
N BOARD OF APPEALS
January 3, 2012
The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library
Community Room, 750 Cooper Street, Agawam, MA, beginning at 8:00 P.M., Monday, January
23, 2012 for the following:
Case#: 1885
Petitioner: Kapetanios Realty, LLC
Address: 916 Suffield Street
Reason: Seeking a Special Permit in accordance with Section 180-7,
Paragraph B(2) of the Town of Agawam's Zoning Ordinances to
allow for the construction of an addition to a pre-existing non-
conforming structure with less than the required side yard at the
premises identified as 916 Suffield Street.
Advertise: Thursday January 5, 2012 and Thursday January 12, 2012
Doreen Prouty
Chairperson
DP/j b -.
1 -
w
J_
W
f
Q L
h
1
TOWN OFAGAWAM
36 MAIN STREET q JLP
AGAWAM, MA 01001
_ C�
DECISION OF BOARD OF APPEALS
,q p Mpy
Petition of: Kapetanios Realty, LLC
Premises affected: 916 Suffield Street I
Date: February 10, 2012
Case#: 1885 I
The Agawam Board of Appeals conducted several public hearings and meeting between January 23,
2012 and February 10, 2012 for all parties interested in the appeal of Kapetanios Realty, LLC, which is
seeking a Special Permit in accordance with Sections 180-7, Paragraph B2 of the Zoning Ordinances,
which allow for the construction of an addition to a non-conforming structure at the premises identified
as 916 Suffield Street. I
After the public hearing, and after a thorough review of the facts presented, the Agawam Zoning Board
of Appeals made the following findings:
1. The subject property is located in an area of Town zoned Industrial B.
2. The petitioner wishes to heighten a section of the roof to accommodate proposed distillery
equipment.
3. There will be no changes to the existing footprint of the structure in question. 3
4. Fire Chief Alan Sirois spoke at the public hearing stating he has no objections to the proposed
distillery.
5. A memo was received from the Agawam Dire Department, dated January 26, 2012 stating"The
cooperation of these applicants has allowed all the aspects of concern to be addressed."
6. There was no opposition expressed at the public hearing nor received in writing by this Board.
7. Section 180-64 (A) of the Agawam Zoning Ordinances states:" side yards shall be a minimum of
twenty-five (25') feet".
8. The side yard of the existing building in the southerly area of the property has a minimum side .
yard of twenty-two feet, six inches (22.6').
9. Section 180-7, Paragraph (B2) states that a building, structure of land being put to a non-
conforming use may be "altered or enlarged in that use, but only after the grating of a Special
Permit by the Board of Appeals".
10. This specific site is an appropriate location for such a use. Industrial B districts allow for the
proposed use.
11.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.
12.No evidence was presented to this Board showing that there will be any nuisance or potential
hazard to vehicle or pedestrian safety.
13. The proposed addition will meet all building and fire safety regulations providing adequate and
appropriate facilities and controls for the proper and safe operation of the proposed addition.
DECISION(page 2)
Kapetanios Realty, LLC
Case# 1885
14. No evidence was presented to this Board showing that the proposed use would he considered so
objectionable or obnoxious that the proposed use would be against the public interest or
detrimental of injurious to the character of the neighborhood.
Based on its findings, the Board is of the opinion that the requested relief is within the authority of the
Board of Appeals to grant a Special Permit as stated under Section 170-7,Paragraph B2 of the Zoning
Ordinances.
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 shall be constructed according to the plan titled "Modifications to 916
Suffield Street, Proposed Kaptain Jimmy's Restaurant"dated December 27, 2011,prepared by
ELB Design, South Hadley, MA and signed by the members of this board.
2. This special permit is for the construction of the proposed addition only. All other zoning
requirements as well as all building requirements are to be met.
I The petitioner shall record with the Hampden County Registry of Deeds a"Notice of Special
Permit" form, which shall be provided by this Board and proof of said filing must be submitted
to this Board and to the Inspector of Buildings.
4. This Special Permit shall become null and void if construction does not commence within two
(2)years from the date of this decision.
This decision is subject to appeal in accordance with M.G.L.Ch, 40A, Section 17 within 20 days after
this decision is filed with the Agawam Town Clerk.
Attachment: Signatory Page of Decision
TOW.N OF AGAWAM
36 MA1N STREET
AGAWAM, AM 01001
y
BOARD OF APPEALS a
ATE0 M rr
SignatoKy Page of Decision
N -
cv
Case #: 1885
Date: February 10, 2012
Applicant: Ka etanios Real LLC
Address: 916 Suffield Street 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.
6t'
Doreen Prout ry Suf ti James Marmo
Gary Geiger(Alternate) Richard Maggi (Alternate)
Parker & O'Gra
ATTORNEYS AT L A W 124 College Highway,P.O.Box 249,Southampton,MA 0I073-0249
(413)527-8660 voice (413)527-6523 fax wwwparkerandogrady.corn
Cheryl A.Parker cparker@parkerandogrady.com
William J.O'Grady wogrady@parkerandogrady.com
Martha Q. Ferrabelo mferrabelo@parkerandogrady.com
March 13, 2012
Attention: Richard M. Theroux, Town Clerk
Town of Agawam
36 Main Street -. .
Agawam, MA 01001
RE: Kapetanios, Inc.
Dear Mr. Theroux:
It would be greatly appreciated if you could provide to me copies of each of the decisions
of the Zoning Board of Appeals granting two separate special permits to Kapetanios, Inc.
for the premises located at 916 Suffield Street bearing your offices' certification that
more than 20 days have elapsed since the date of the grant of the applications and that no
appeal has been filed, all pursuant to Massachusetts General Laws, Chapter 40A, §11.
For your convenience, a pre-addressed, stamped envelope is enclosed.
Thank you for your attention to this matter.
Ver} y urs,
William J. Grady, Esq.
WJO/cbd
Enclosure
cc: Tony Rizos
1:1Bill-Cindy\KAPETANIOS REALTY LLCU to town Mar 13
?3 Chestnut Street,Springfield,MA 01103
(413)737-7694 voice
i
t, TOWN OF AGAWAM
'9 36 MAIN STREET
AGA WAM, MA 01001
1
BOARD OF APPEALS
�ATE4 MP
Signatory Page of Decision
Case #: 1885 I
Date: FebruM 10, 2012
Applicant: Knetanios Realty, LLC
Address: 916 Suffield Street I
By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the
petitioner a Special Permit. f
This approval is subject to the conditions set forth in the attached written decision. �
Doreen Prouty Gary u riti Sames Marmo ~'
c,
Gary Geiger(Alternate) Richard Maggi (Alternate)
I hereby certify that more than 20 days have elapsed since the date of the
grant of the applications and that no appeal has been filed .
Rich rd M . Theroux , Town Clerk
r
r !
J J !
r
r
r �
r
..........
r
13 Q
H
rY
i LU
i
! o
9 / z
23
12
4
5 - !
14
I 23 Z C*
i 14 4
. . . . .
- - -
- - - - - - - - - - - - - -
. D �
�
8 `' r�� f' o■ = r
Furs i'at—e I n 1;, cI
v �
I - - - - - - - - - - - - 5��
-'-� • ^ter ., � b - - � F-- C]
r�l�•+n{t 1 ''•r :�i v1
I • •_• _•_•_•_ Yr< rc• 2'h7jl'pytr t]` •'4•i•e.' b•'-r - ! LU W _
/y^� Wirt frtn ��ry,T - .- ti
LLJ
ro. GENERAL NOTES
/ NOTICE: Interior lot line angles and lot line .
- digtan s w@r@ taken fram de@d RIB 17594 pgSIS #92127
'�. r4 }
Plan features we taken from plan C. 1 by o z
Reinhardt Associat dated 08 14 06. H s
Features were verifie on s z
- ! ELB DESIGN 02/03/12 ¢ LU
a
187 PARKING SPACES INCLUDING 7 HANDICAPPED ACCESSIBLE Q
°p0 ; 72'_�° Qr � NOTE: FORMER planning board approval 10 . 18 . 2007 H w
o ed `�� based on the Reinhardt/Pananas plan listed 193 spaces o
. . . . . -- w/ 169 required including 28 for Patio. o
LU
Appmved by
LEGEND
f GRASS STONE
. LOT LIGHTING Date 3QB : GF11 , 1
J�CQU 5 AV
WHITE PAINTED STRIPES
'4eCaiv'?,4DWG#
Jb ACCESSIBLE PARKING SPACE F�'8 0 ? 1�.�j�
- - PROPERTY LINE BO;ard ��Appe
1
NP-=� ��nlla
Massachusetts Department of Environn*ntal Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
pP Y
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 t J
A. General Information
Important: Y
When filling out From:
forms on the Agawam
computer, use only the tab Conservation Commission c
key to move To: Applicant Property Owner(if different from app!'icant):
your cursor-
do not use the David Florian c/o Insurance Ctr. of New England Insurance Center of new Englaru!
return key. Name Name
246 Park Street same_
Mailing Address Mailing Address
W.Springfield._ MA 01089
CitylTown State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents.
Existing Conditions 2I912010
Title Date
Overall Site Plan 211W2013
Title Date
Title Date
2. Date Request Filed:
March 2, 2010
B. Determination ^
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission consideredyaur
Request for Determination of Applicability, with its supporting documentation, and made Mefoliowing
Determination.
Project Description (if applicable):
Renovation of the existing building, reorganizing the current parking lot, removing muchofft
existing asphalt and milling and overlaying the remaining parking area. Lawn and other plankrlgs will
replace the removed asphalt.
Project Location:
1070 Suffield Street Agawam
Street Address CitylTown
16 119
Assessors Map/Plat Number- Parcel/Lot Number
wpaform2.doc•rev.12/15100 Page 1 of$
\ 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) istare 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 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.12115ioo 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 not
of a Notice of Intent, subject to the following conditions (if any).
the attached Construction Sequence for Site Work dated 3/5/2010 shall be adhered to.
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpaform2.doc•rev.12/15/00 Page 3 of 5
Insurance Center of New England
Construction Sequencing for Site Work 3/5/2010
The general order of construction activities associated with the site work will be as
follows (subject to change):
i. Hold preconstruction meeting with Conservation Commission (CC)at least one
week prior to installation of erosion control barrier and site work
2. Remove debris, prune vegetation as required to install erosion control barrier
3. Install erosion control barrier and catch basin filters per CC recommendations
4. Sawcut,if required, and remove pavement to be demolished
5. Remove excess base material in areas to be foamed and seeded. Remove debris
material off site
6. MilI and plane paved areas proposed to be resurfaced
7. Add loam as required to all disturbed areas between edge of proposed pavement
and resource areas
8. Hydroseed all newly loamed areas
9. Fine grade areas within proposed parking areas to ensure proper drainage and
compaction
10. Resurface proposed parking areas as per plans
It. Schedule post construction meeting and inspection with Conservation
Commission\
12. Apply to CC for Certificate of Compliance
13. Remove erosion control barrier
r
)AREA
AKE EVERY 10't
AREA TO BE PROTECTED
WATER
FILTREXX COMPOST
SILTSOXX
nLTRDCX Sli T5OXX PLAN VIEW
2"x2" WOODEN STAKE
RLTREXX SILT SOCK
12-18" TYP. 3"-4"
WORK AREA AREA TO BE PROTECTED
�11t �lJJ � jj!
FILTREXX SILTSOXX SECTION
NOTES: 1. ALL MATERIAL TO MEET FILTREXX SPECIFICATIONS
2. SILTSOXX COMPOST/SOIL/ROCK/SEED FILL TO MEET APPLICATION REQUIREMENTS
3. SILTSOXX DEPICTED IS FOR MINIMUM SLOPES. GREATER SLOPES MAY REQUIRE
LARGER SOCKS PER THE LANDSCAPE ARCHITECT.
4. COMPOST MATERIAL TO BE DISPERSED ON SITE, AS DETERMINED
BY THE LANDSCAPE ARCHITECT.
5. LOCAL INSTALLER: NORTHEAST ENVIRONMENTAL SOLUTIONS,
AMHERST, MA 866-870-4NES.
6. SILT FENCE AND/OR HAYBALES MAY BE SUBSTITUTED IN PLACE
OF SILTSOXX IF APPROVED BY AGAWAM CONSERVATION CQMMSSION.
The Erosion Control Barrier
Berkshire
Design Insurance Center of New EnglandGroup,Inc. Agawam,MA
4 Aen Pme NKUwWb n,Mmamb etty MM
(413)5e1-7DM FAX(413)Se2-70M SCME. nts DATE 3/3/2010
L
y ` 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 E3 by certified mail, return receipt requested on
March 12 , 2010
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). "_I1.]Signatures:
a"e
March 11, 2010
Date
wpaform2 dec•rev.12fl 5100 Page 4 of 5