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,I � � �� � � r� � Z �R ��� � � �� � � k !cvoeY4 ruS-t SO,lp vrstal TOWN OF AGAWAM 36 Main Street Agawam, Massachusetts Tel. 413-786-0400 FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN File one completed form with the Planning Board and a copy with the Town Clerk in accordance with the requirements of Section 111-B_ Agawam Qc 4-r _20.16 To the Planning Board: The undersigned herewith submits the accompanying Definitive Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. l_ Name of Applicant: ROW LEY S-msir ' D>rvELO PMEh1T TRUST Address: ONE MONARCHt`L. SUi E *2220 SPRIt1GFIF-LD MA .01IL4 2. Name of Engineer or Surveyor: GARY P WoNER j P E. Address: 53 MILL RaAm HAM P.D EM MA. O 103G 3. Deed of property recorded in 1IP►MME],1t.cWW Registry Book 2OJ47 Page L�% r � 4, Location and Description of Property:Please see Environmental Study 5. A list of the documents included in this application shall accompany notice to the ' Town Clerk. - a. Notarized Statement of Interest in the land; b. Environmental Study; C. Plans and specifications; d. Statement of time-development; e. Plan of sequence of development; ' f. Town-development relationship study; g. Reports of test borings,etc.;and l h. Certified copy of Deed. Your attention is directed to Section III, B.S of the Subdivision Rules and Regulations requiring the posting of a bond or recording of a covenant BEFORE approval can be given. �/ Signature of Own1,411- [ R E I V E D Address: �, ���d���kZ OCT 12 2016 AGAWA,M SCANNED 1 PLANNING BOARD 4".N_ a GARY P.WEINER,P.E. 53 Mall Road,Hampden,llHA 01036 413-374-4467 ms3h2mpOgmalwm D'Amato Way Subdivision Agawam, Massachusetts Environmental Study and Town-Development Impacts Overview The applicant, Rowley Street Development Trust, is seeking approval for an 8 lot single family residential subdivision. The site is approximately 13.9 acres of vacant land. An unoccupied single family house and outbuildings were demolished on a portion of the site near Rowley Street. The parcel has two large Western Mass Electric Company easements crossing the northerly third, and a Tenneco gas line easement along the easterly side. The parcel was previously cleared land for farming, but is currently overgrown with scrub growth and grass. The utility company easements are mostly cleared and grassed. The parcel is zoned Residence 8 along the Rowley Street right of way (approximately 200' deep) and zoned Agriculture for the remainder of the parcel. The proposed subdivision will comply with all the zoning requirements of the Individual districts, and the subdivision complies with the overall Master Plan for the Town of Agawam. Environmental Features As noted above, the site is currently vacant land_ The land slopes gently from the northwest comer to the southeast corner at about 2%. There are no significant environmental features as the parcel has previously been cleared for farming. The shrub growth within the site and mature trees along the property lines do provide for some wildlife habitat, yet the area is not listed as home for endangered species by the State Endangered Species program. It should be noted that over one-third of the parcel will remain open space due to the existing utility easements and the 8-acre Lot 4. There are no wetlands on the parcel as defined under Massachusetts General Laws; however, there is a small vegetated wetland off the property to the north and a possible wetland area to the southeast. M The parcel is underlain by soils of the Merrimac sandy loam classification as delineated by the U.S.D.A. - Soil Conservation Service. The soils classification was confirmed by test pits dug within the proposed roadway and infiltration basin. The soils evaluations are shown in the stormwater drainage report prepared for the subdivision. These soils are well-drained,friable, and subject to wind erosion. Water table in these soils is generally deep with moderate seasonal fluctuations. On-site review indicates stormwater runoff flows over these soils from northwest to southeast with no indication of soil erosion. Town- Development Impacts The proposed single family residential development will comply with current zoning, subdivision regulations,and the Town Master Plan. The 8 new,single family homes will create living space for young families in Agawam. With the development will come increased traffic on Rowley Street and the surrounding roadway networks. Rowley Street is considered a primary roadway and easily has the capacity to accommodate the new development without affecting level of service (LOS). Of.concern is the sight distance on Rowley Street southerly of the development for vehicles exiting the subdivision, as well as vehicles traveling northerly on Rowley Street. An easement for sight distance purposes has been created on Lot 1 to provide adequate safe stopping sight distance. A sight distance analysis has been conducted and submitted along with this study. The new homes will be serviced by town sewer and water located in Rowley Street and extended into the subdivision. The utilities available are adequate to service the 8 proposed homes. The sanitary sewer will service six homes by gravity flow and the two homes at the end of the cul-de-sac will have ejector pumps for discharge to the sewer. Stormwater will be controlled on site using standard roadway control —catch basins and piping. Stormwater will be piped to a retention basin along the southerly property line with design to accommodate the 100 year storm occurrence and provide groundwater recharge. Generated solid waste will be handled through general municipal or private collection. The site development will require the disturbance of more than one acre of the parcel. This threshold will require the filing of a Notice of intent with the US.—E.P.A. and the creation of a Stormwater Pollution Prevention Plan (SWPPP) for all construction activities on the site. The 5WPPP will regulate dust, noise, stormwater flows, solid waste, hazardous wastes, and environmental impacts due to construction activities. The proposed 8 new homes will each have between 2000 and 2500 square feet of living space and have a price point of approximately$350,000. y i Agawam Planning Board STATM4ENT OF INTERN Date 2s; The petitioner certifies that he is the authorized representative of the owner of all lands contained within the description of the subject petition and that he has option to purchase such lands. Re: Agawam Planning Board -Case No. (Name) One Monarch Place, Suite 2220 = (Address) S ield MA 01144 Gu COMONWEALTH OF MASSACHUSETTS HAMEN as ,Date 10/04/2016 There personally appeared before ate, on the above date, Michael D. Parker to ma known to be the person described in and who executed the foregoing dociumut, Notary Public 08114j�020 Ellen D. Pixley My commission expires GARY P.WE 9a% P.E. 53 Mi11 Road,Hampden,MA 01036 413-374.4467 m0hampftu ft ram D'Amato Way Subdivision Agawam, Massachusetts Statement of Time Development and Sequence of Development The D Amato Way subdivision developer will begin construction in late fall of 2016. Fall work will include site clearing and roadway preparation. Weather will dictate work throughout the winter months. Utilities and roadway constriction will be completed by early summer of 2017. Lot sales and home construction will commence upon sales and demand. One home for the owner of the property, Lot 4, will be constructed as soon as allowable by regulation. A two to three year build out is anticipated. Roadway construction will follow normal construction sequencing: A. Erosion controls installed. B. Site clearing,earth stripping and stockpiling. C. Underground utilities installation: waterline, sanitary sewer, stormwater drainage, gas line, electric line, cable TV including taps to existing utilities and connections to new street line. D. Roadway and sidewalk excavation to subgrade. E. Graveling and compacting of road and sidewalk. F. Construction of infiltration basin and outlet piping. G. Sidewalk and roadway paving including curbs and berms. H. Loam,seed,tree planting and final cleanup. I. Roadway, monument setting and lot pinning. J. "As guilt"plan preparation if required. N - ram, WF gk 20147 Rz494 0130472 12-26-2OL3 & 02 a 36P E UCIARY DW KNOW ALL MEN BY THESE PRESENTS, that I, CAROLYN M. CAPITANIO, Conservator of the property and estate of James J. D'Amato, of 462 Main Street, Room 204,Agawam, Massachusetts 01001,by the Decree and Order of the Probate and Family Court Department of the Trial Court; (Hampden Division, (Hyland, J.), Probate and Family Court #HD10P0075PM), and every other Power, in consideration of TEN AND 001100(SI0.00)DOLLARS,grant to a the ROWLEY STREET DEVELOPMENT TRUST dated November 20, 2013 of which Carolyn M. Capitanio and Carole A. D'Amato are the original Trustees, the land in Agawam, Hampden County, Massachusetts,bounded and described on Exhibit"A"attached hereto and incorporated herein, WITNESS my hand this_Ze day of December, 2013. Si d"ed the of: r .a WI ess Carolyn MICapitanio, C riservator of the property of James J. D'Amato n ca COMMONWEALTH OF MASSACHUSETTS Hampden,ss. Agawam,December,,2013 4 On this old day of December, 2013, before me, the undersigned notary public, personally appeared Carolyn M. Capitanio, in her capacity as Conservator of the property of James J. D'Amato, proved to me through satisfactory evidence of identification, which was personal knowledge of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that sho signed it voluntarily for>zyedpurpo . Michael D. Parker,Notary Public My commission expires: ,� 01l12/2p1$ A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED ,.._,. f �C D. Bk .20147 Pg494 #80472 Page 1 of 4 Printed: June 23, 2016 0 12:15:43 AMST: REGISTER OF DEEDS Bk 20147 Pg495 #80472 EXHIBIT"A" the land in Agawam, Hampden County, Massachusetts, more particularly bounded and described as follows: PARCEL I Beginning on the Easterly side of a highway, leading Northwesterly from.Suffiield Street to Springfield Street,in said Agawam, at an oak tree at a ditch and running ring North at about 25 degrees East on lead of Leonard Brothers Fi fly-nine(59)rods to an old ditch- thence by land of one Worden in a line of said old ditch South about,Severity-four and one-half (74 %) degrees Fast Forty-eight (48) rods twenty-one (21) links to other land of Yuzef Mozelewski,now or formerly; thence Southerly in a direr#line to one Goodhue at a point Seventy-owe (71) rods East of said highway; thence mmning Westerly ow land of Goodhue and Ely to a yellow pine marked on the Easterly side of said highway,thence running Northwesterly by said Easterly line of said highway Four(4)rods and Seven(7) lurks to the place of boning,containing Eighteen(18)acres of land more or less. Being the same pre-Am conveyed to Paul S.D'Amato by deed dated August 8, 1945 and recorded in the Hampden County Registry of Reds on August 9, 1945 in Book 1804, at Page 157. PERM 2 The land lying Westerly from Suffield Street and Northeasterly from Rowley Street, bounded and described as follows: Begix at a stone bound at the Southweswly cornea of land hereby conveyed at land now or formerly of Patterson and running thence North 47° 41' lir West, a distance of Three Hundred Eighty and 74/100 (380,74) feet along land now or formedy of Patterson to a stone bound; thence North 2° 41' West a disUme of Two Hundred Eighty Two and %/l00 (282.96) feet along land now or formerly of Baoneconti to an iron pipe; thence continuing the same course a distance of Four H=uIred Eighty Sias and 981100 (486.98) feet along land now or fomu rly of BuorAwmti to a stem bound; tha me North ST I I' 30" East a distance of One Hundred Thirty Eight and 331100 (138.33) feet along land now or formerly of Longo to a stone bowed; thence North 290 26' West, a distance of One Hundred Seventy Three and 94/100 (1733.94) feet along land now or formerly of Longo to a stone bound; thence oontinuing the same course a distance of Two Hundred Thirty Seven and 88/100 (237.88) feet along land now or formerly of Longo m a stone bound; thence North 10 13' East, a distance of Two Hundred Twenty (220) feet along land now or formerly of BarabesEi and Malle to an iron pipe;thence North 93"00' .Irani, a distance of Four Hundred Seventy and 591100 (470.59) feet along land now or formerly of Worden to an iron pin; thence South r 41' 30" West, a distance of Four Hundred Thirty Five (435) feet along 1wid now or formerly of Worden to a stone bound; thence A TRUE PHOiTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SQ CERTIFIED C D j Bk 20147 P9494 #80472 Page 2 of 4 Printed: June 23, 2016 0 12:15;43 ATTEST: REGISTER OF DEEDS .r Bk 20147 P9496 #80472 South V 01' 44"East, a dicta=of Eleven Hundred Twenty Four and 81/100(1,124.81) feet along land now or formerly of Worden to a stone bound; thence South 47125' 30" West a distance of Two Hundred and 90/100(200.90)fact along land now or formerly of Pattmtrson to the place of beginning. Together with the right to use is common with the Ratnah Realty Company and all others lawfully entitled thereto for all purposes for which public streets are 00MMonly used, the right of. way Twenty (20) feet wide extending from the Northerly line of the above described premise. across land of the Rarnah Realty Covpmy to a private stvet shown as Rasnah Circle North and with the right to so use as.above set forth said Ramah Circle North and Walmit Street, all as shown on plan of sub-division of land in Agawam,Mass., owned by Rasnah Realty Company, August, 1953, Bugone L. Huggins, Civ. Eng'r., recorded in Hampden Co%mty Registry of Deeds in Book of Plans 40,Page 116. Subject to pole and wire rights granted to the Montague Company by deed of H. Preston Worden dated rune 10, 1924, and recorded in Hamm County Registry of Deeds in Book 1221,Page 288. Being Parcel No. 1 in a deer[from Ralpb J.D'Amato to Paul J. D'Arnato dated February 21, 1969 and recorded in the Hampden County Registry of Deeds on February 24, 1969 in Book 3403,at Page 419. The land in Agawam, Hampden County, Massachusetts, lying Easterly from Rowley St-M and Southerly from Springfield Street,boded and described as follows: Beginning at a stone bound distant approximately sixty hundred (600) feet South frorn Springfield Street at O'Brien's Comers, so-called, at laud now or formerly of Timothy and Dennis O'Brien, whim is the Northwesterly miner of the promises hereby conveyed, and running thence South 3011 26' 30"East along land of said O'Briens a distauoe of Pour Hundred Seventy One and 97/100 (471.97) feet to a stone bound; thence North 41° 45' East along land now or formerly of Worden a distance of Two Hundred Eighty Two and 551100 (282,55) feet to a stone bound; thence North 31' 21' East along land now or fbmwdy of Word= a distance of Ninety and 10/100 (90.10) feet to a stone bound; thence North 58° 25' West along land now or fotmeFly of Worden a tdistanm of Three Hundred Seven and 411100 (307.41) feet to a stone bound at other land of Strathmore Paper Company,thence in a Northwesterly direction along other land now or formerly of Strathmore Pager Company a distance of One Hundred Seventy Five(175) feet more or less to the stone bound at the place of beginning. Containft approximately 2.25 acres: Together with the right to lay, ccrsrstrW and maintain an aqueduct pipe of any size in and across land now or formerly of Horace B. Worden as granted by Amos ©osselin and A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND fT IS SO CERTIFIED�� C ll tt- Sk 20147 Pg494. *80472 Page 3 of 4 Printed: June 23, 2016 0 12:15:43 ATTEST: REGISTER OF DEEDS 8k 20147 Pg497 . #80472 Esther Gossetin to the Mitdnwg a PVw Corny by deed dated Qefober 26, 1899,and reowhid in Hamptien County Registry of Beads,in Book 611,Pap 167. Being Pagel No.2 in a deed from MA J,0"Amato to Paul J.D'Ama#o dated Po MwY 21, 1969 and rtoxxW in the Hampden.C.ounty.Rg0 y of Deeds on Fabnmq 24, 1969 in Book 3403, at Page 419. DONALD L A Et�t "W 3iAh�[F'L�.PWJT' TRY QF OMS A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN-COUNTYRE(IIMYOF DEEDS AND IT IS SO CERTIFIED Bk 20247 Pg494 #80472 Page 4 of 4 Printed: June 23, 2016 0 12:15:43 ATTEST: zl,--a,eW4 . REGISTER OF DEEDS J.S.PECHULJS r LAND DEVELOPMENT SERVICES,INC. • SL- Perm9tiitg Canstruca6bn Management --- — . SPTaft 62 ly�s 181 Notre Dame Street Web:www.A*L,, ccm Phone:413 564-0404 Westfield,MA 01085 Fax 413-5644405 October 3,2016 Gary Weiner 53 Mill Road ..� Hampder, MA 01036 RE D'Amato Subdivision Sight DMw=Analysis ' Dear Mr_Weiner Ev JSP Land DevekWmt Services. Inc. has been retained to evaluate the sight distance availabiC r the subdivisiori project located off Rooney Street in Agawam, Massachusetts, The procedures and f_ guidelines tier this evaluation ftow those accepted by the MassDOT as developed by the Arrreric Assombon of Slate Highway and Transportation Officials.(AASFI TO). M Project Description and Site Access The proposed D'Amato Way Subdivision project is an 8 lot subdivision located off-Rowley Street in Agawam. The project is located in a residential area and the apprte 13 acre parcel currently accommodates a single family residential home. A proposed cut-de-sac roadway orb east direction will provide access to all 8 parcels. F_xoting Conditions Rowley Street is a local collector roadway oriented in the northwest to southeast directions with a single travel lane in each direction. The roadway alignment includes a sermon of road with a pair of reverse curves separated by a tangent length of approximately one tenth of a rrule(500 fleet). The terrain is relatively flat throughout the length of Rowley Street Grades Wong Rowley Street are negligible. The posted travel speed along Rowley Street is 25 mph in the rorthbound direction and 35 mph in the southbound direction. Actual travel speeds were measured fior this report using the radar gun method. The average measured travel speeds are 29 mph and 32 mph in the northbound and southbound directions, respecW*. The 851' percentile speeds, which are above average speeds used in analyzing travel conditions of a roadway,were measured to be 32 mph in the northbound direction and 37 mph in the southbound direction. The proposed subdivision drive will intersect Rowley Street apprroctrrraliely midway between the two curves described above. The proposed subdivision drive centerline is located adjacent m the northern edge of the Wdstitrg driveway serving the single family home currently on site. Sight Distance Anailysee The procedures fox deterrTining the adequacy of sight distance at the proposed site driveway follow the methodology defined by the Aimencan Association of State HKrghway and Transportation Offraals (AASHTO)and accepted by the Massachusetts Department Of Transportation. For new intersections or driveways two sight diskirm analyses are conducted:stopping sight distance(SSD)and intersection sight distance QSD). Afihu ISD is not required, it is required by AASHTO or MassDOT, it is "preferable when practicar. UAmato Way Subdivision Pace 2 In determining the adequacy of stopping sight distance,the recommended SSD and ISD are calcubtled based on field conditions collected at the intersection location. The calcubted aeceptabe sight distances are then c:orrp med to field collected sight distance measurements in order to determine compliance with the safety starsdards set forth by AASHTO. Table 1 surrimarmes the calculated and field treasured SSD and ISD for the proposed iritersectian of Rowley Street and D'Amato Way. The 85''percentile speeds were applied in the calculations for these analyses. Fable 1 STOPPING SIGHT DISTANCE ANALYSIS SURUTARY AASHTO Sight Distance Field Measured Regulations Location Recommendation* Sight Distances Satisfied? VAmato Way Stopping Sight Dislame Northbound 216 290 Yes Southbound 267 385 Yes Whorl Sight Distance 400 425 Yes Lett Tum firm Side Street 306 275 No Right-Turn from Side Street 259 285 Yes Lett Tum from Major Street 'Rowley stueet deem speed twed on 89'pevwft of field measured speeds. Ali measure wft pieskl in feet It should be noted that during the field measurements two cars were parked end to end in the driveway to the south of proposed D'Amato Way drive. The stacking of these vehicles obstructed the stropping sight distances to and from the south. These restricted distances are those represented in Table 1. Once the vehicle closest to Rowley Street was moved, the sight distances wicreased considerably, including the Intersection Sight Distance for right-tuming vehicles which increased from 275 fleet to 335 feet AASHTO notes that ISD for right fuming vehicles is not critical when SSD are accommodated along the same approach. When this is the case, the approaching vehicles on the major roadway may be required to reduce their Umvel speeds when approaching a vehicle entering the roadway and traveling in the same direction. AASHTO also notes that consideration should be given to installing regulatory speed signs along the mW—road approach to the intersection to keep travel speeds at desired levels or other regulatory signage,such as signage to alert motorist of the upcorning curve in the road. Summary of Findings The proposed 8 unit single family subdivision project is located to the west of Rowley Sired in Agawam Massachusetts. The Wowing summarizes findings of the traffic assessment. • The proposed project wig conned to the local area roadway at a single location along Rowley Street and will replace an existing single wily home driveway. • The project is epec:ted to generate a minimal increase in vehicle activity throughout the day. • The posted speed IQnit in the northbound direction is 25 mph and 35 mph in the southbound direction. The average measured travel speeds are 29 mph and 32 mph in the northbound and soud*mnd directions,ram. The • Stopping sight distance analyses were conducted fix the proposed subdivism curb cut onto Rowley Street The analyses follow methodology, aca#Aed by the MmDOT. Based on the UAmato WaY Subdivision Page 3 analyses for the stopping sght distances along both Rowley Street des, the proposed driveway location meets or exceeds the required safety standards for sight distance. • The Intersection Sight Distance analyses identify a single condition where the field measured conditions fell short of the recowmended AASHTO distances. The right-turn ftm the side street approach ISD was resbicted when partied cars were double stacked in the adjacent property driveway. When the vehicim were not double stacked the ISD was satisfied. As referenced by AASHTO, the ISD is preferred, however, when SSD along the same approach are sates,the necessity of satisfying ISD is less critical. • AASHTO suggests considering installing additional regulatory speed signing when ISD for right- turning vehicles is not provided_ Therefore it is recommended that additional signage as appropriate be installed along the Rowley Street approach prior to the curve in the roadway. This signage may include additional signage as regulated by the Manual on Uniform Traffic Control Devices and appropriate for the oonditions along Rowley Street. Sincerely, �* .. JeffM S.Pechutt JSP!mod Development Attachments: - Travel Speed Worksheet - Sight dance worksheet JSP Land Development 9129t2016 181 Notre Dame Street Westfield, NIA 01085 Project D'Amato Way Survey Date: 09/29/16 Client: Gary Weiner Start Time: 10:30 AM Subject: Travel Speed Survey Rowley Street, Agawam Northbound Southbound Measured Travel Speeds. 31 30 Samples via radar. 30 30 Posted speeds: 30 29 25 mph 32 32 27 31 35 38 31 32 30 39 34 36 32 28 30 30 34 33 25 31 26 29' 28 22 25 22 26 33 28 38 31 36 23 29` 25 38 26 30 29 34 25 32 28 24 33 30 Average 29 mph 32.mph 85th Percentile 32 mph 37 mph • J 9129l2016 JSP Land Development 181 Notre Dame Street,Westfield MA Project: WAmato Way Location: Rowley St,Agawam MA STOPPING SIGHT DISTANCE CALCULATIONS Stopping Sight Distance(SSD)w/grade=1 AM+V130((a/32.2)+G) (AASHTO Exhibits 3-2, 3-3) Design Speed (1/)=8dh percentile measured speed(mph) Brake Reaction time(t)=2.5 sec (AASHTO 3-2) Deceleration rate(a)= 11.2 ftlsed (AASHTO 3-2) Grade(G)=field measured approach grade Driveway#1 Northbound -. SSD= 1.471/t+1/2/30((a/32.2)±G) V(mph)- 32 Grade(G)= 0 SSD (ft)= 1.47(V)(2.5)+ (V2)1(30(11.2132.2)+G SSD(ft)= 216 Southbound SSD= 1.47Vt+ 1.075V21a V(mph)= 37 Grade(G)= 0 SSD 04= 1.47(11)(2.5)+(VZ)I(30(11.2132.2)+G SSD(ft)= 267 INTERSECTION SIGHT DISTANCE CALCULATION: ISD= 1-47Vt Design Speed M=8dh percentile measured speed of major road(mph) Left Turn Gap time(fg)=7.5 sec (AASHTO Exhibit 9-54) Right Turn Gap time(tr)=6.5 sec (AASHTO Exhibit 9-U) Left Turn Gap time(W=6.6 sec (AASHTO Exhibit 9-66) Driveway#1 Lett Turn Out ISD= 1.47Vl� V(mph)= 37 ISD(ft)= 1.47(11)(7.5) ISD(ft)= 408 Right Turn Out ISD= 1.47V , V(mph)= 32 ISD(ft)= 1.47(V)(6.5) ISD(ft)= 306 Left Turn In ISD= 1.47Vt*m V(mph)7- 32 ISD(ft) = 1.47(V)(S.5) ISD(ft)= 269 w6� Su jfbA l V1 i0 r Town of Agawam hi y 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 7, 2016 C CD Rowley Street Development Trust One Monarch Place, Suite 2220 Springfield, MA 01144 Attention Attorney Michael Parker, Trustee w Dear Attorney Parker: r E" At its duly called meeting held on November 3, 2016, the Agawam Planning Board voted to approve the Definitive Plan entitled"Definitive Subdivision Plan, D'Amato Way, Easterly Side of Rowley Street, Agawam,MA"with the following conditions: ■ the attached Engineering Department comments dated November 3 2016 are to be addressed; ■ a Performance Agreement and Covenant shall be executed; ■ no additional lots shall be created without following the procedure for definitive plan approval as described in Chapter 41 of the Massachusetts General Laws; ■ executed copies of all easements shall be submitted to the Board for approval and signatures; and ■ a final revised mylar and two paper copies of this plan shall be submitted to the Planning Board for signatures. In other business, the Board approved the following waiver: Section 159-7 Definitive Plan C(8)(a)—the requirement for soil borings. The Board also referenced the waivers that were approved with the Preliminary Plan: ■ Section 159-8E2—To waive the 500' maximum dead end street length to allow for the street length of 525'. SCANNED t� � . 2 ■ Section 159-23A—To waive the requirement for sidewalks on both sides of the street to allow for a 5' concrete sidewalk on the southerly side of the new street from the driveway on lot 4 to Rowley Street; in lieu of the construction of a sidewalk along Rowley Street to Lango Lane as recommended by the Engineering Department in their July 29,2016 memo. If you have any questions,please contact this office at 786-0400, extension 8737. Sincerely, Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD cc: Building Inspector, Eng. Department, Town Clerk, Gary Weiner, P.E., File TOWN OF AGAWAM Department of Public Works } 1000 Suffield Street • Agawam,MA 01001 Tel(413) 8210600 • Fax(413)8210631 Christopher J.Golba . Superintendent ME1IHORANpW To: Playing CC: Gary Weiner,P.E.;File From: Engineering Division Date: November 3,2016 Subject: Definitive Plan—D'Amato Subdivision—Rowley Street—Gary P.Weiner,P.E. Per your request, Engineering has reviewed the Preliminary Subdivision Plan entitled, `D'Amato Way Subdivision,Rowley Sbvd Agawam, MA; Prepared for; Rowley Street Developer Trust; Prepared by: Gary P. Weiner, P.E., 53 Mill Road,Hampden, MA 01036; Scale: 1" — 50"; Dated: October 10, 2016, Revised 11-3- 2016"and we have the following comments: GENERAL 1. Two Agawrem Town coordinates points must be on the plans on a board marker along the proposed road.—Unable to locate on the plan. 2. Benchmarks must be added to the plans. 3. The elevation of the top of wall for Lot 5, seems high based on the surrounding topography and roadway elevation. 4. Please label the slope of proposed street profile at the intersection of Rowley. Note that ADA spedfications require cross slopes of 2%or less for the crosswalk. WATER&SEWER 5. ReWainod lengths need to be shown on Sheet 5 or provide a table with apple restrained lengths. Add reference to table in Construction Note 16. Remove thrust block detail.(Using restrained joint thrust restraints) 6. There must be 4' of clear cover over the top of the sanitary sewer main pipe. (2.89' shown at PSMH-5.) 7. Remove Temp. Chlorine injector within 10' of the gate and plug(i'CC)at Rowley. (Water Dept will install corporation and line as part of the service install.)—Unable to locate in plan construction notes. 8. Please show ejector lines for the ejector pumps on Shed 5 and show a detail for the Uvwition manhole, PSMH 5. (Ejector pumps shall be E-One or equivalent as approved by the Plumbing Ynspe ;W) 9. Please move "Typical Water Service Connection Detail" note to Detail Sheet and Modify "Typical Water Service Comwtion"Detail to contain these attributes where possible. 10.Please add construction note to plans, "All Brass to meet all Reduction of Lead in Drinking Water Act (RLDWA)of 2011" 4 a 11.It appears that there will be insufficient cover for the sower laterals for Lots 3, 4, 5, and 6. Also,there may be a conflict between the lateral for lot 6 and the drain line. 12.There needs to be a transition manhole for the pressuxi=d sewer laterals and the gravity sewer main. DRAINAGE 13.Add Cape Cod Catch Basin Top Detail to fit with Cape Cod Berm.(An Arrow Concrete Detail was attached in an email along with the preliminary comments.) 14.Please provide detail for frame and cover of proposed double catch basin. 15.Provide detail for Beehive Cover Frame. (See attached photo for specific model. Newry to ]seep consistency within the town,far replacement purposes.) 16.A second 10' Gate at Infiltration Basin shall be provided for Lot 04 owner to acoess for cleanup, Unable to locate on plan.The proposed gate will be used by the DPW. STORMWATER 17.Please add the following note to the plans: "Only sand material shall be used in the retention pond area and compaction shall be minimized to ensure proper infiltration." 18.A DPW storm drain permit(including review and inspection fats)will be required for this project.This shall be submitted after the approval of the definitive plans,but before construction can begin. Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. 5ineerel I) _ Dawn Nims Michelle C.Chase, P.E. Civil Engineer Town Fa>&eer SNSLRIDMD'AMATO WAY-ROWLEY PLAN EMC 2 i1S1&moo BEEHIVE GRATE "NEENAH FOUNDRY COMPANY" R-25W SERIES N.T.5. 23' 1.3"17' VIA Bill 9' 4111 21' _ BEEHIVE FRAME DETAIL 'NEENAH FOUNDRY COMPANY' R-1550--A - N.T.S. 24' 1 9w 21' 34r Rowley S-� - I__ C . • SU�JU��Ul51� Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 August 5, 2016 Rowley Street Development Trust One Monarch PIace, Suite 2220 Springfield, MA 01144 Attention Attorney Michael Parker, Trustee Dear Attorney Parker: At its duly called meeting held on August 4, 2016, the Agawam Planning Board voted to approve the preliminary plan entitled"D'Amato Way Subdivision, Preliminary Subdivision Plan, Easterly of Rowley Street" conditional upon the attached Engineering Department comments dated July 29, 2016 being addressed. In other business the Board approved the following waivers: ■ Section 159-8E2—To waive the 500' maximum dead end street length to allow for the street length of 525'. ■ Section 159-23A—To waive the requirement for sidewalks on both sides of the street to allow for a 5' concrete sidewalk on the southerly side of the new street from the driveway on lot 4 to Rowley Street; in lieu of the construction of a sidewalk along Rowley Street to Lango Lane as recommended by the Engineering Department in their July 29, 2016 memo. ■ A revised mylar and two paper copies of this plan are to be submitted to the Planning Board for signatures. If you have any questions,please contact this office at 786-0400, extension 8737. Sincerely �C=-, 3 Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD cn 41 cc: Building Inspector, Eng. Department, Town Clerk, Gary Weiner, P.E., File SCANNED �1' ' r s TOWN OF AGAWAM Department of Public Works 1000 Suffield Street • Agawam,MA 01001 Tel (413) 8210600 • Fax (413) 8210631 Christopher I Golba • Superintendent =M2RAUUM To: Planning CC; File From: Engineering Division Date; July 29,2016 Subject: Preliminary Plan—D'Amato Subdivision—Rowley Street—Gary P.Weiner, P. E. Per your request, Engineering has reviewed the Preliminary Subdivision Plan entitled, "D'Amato Way Subdivision,, Rowley Street Agawam, MA; Prepared for: Rowley Street Developer Trust; Prepared by: Gary P. Weiner, P.E., 53 Mill Road, Hampden, NU 01036; Scale: I" = 50"; Dated: June 24, 2016," and we have the following comments: 1. A sight distance study will be required prior to the approval of the definitive plans. The sight distance appears to be solvable with a sight distance easement on the parcels located just to the east of the proposed road. 2. Prior to the approval of the definitive plans, test pits will be required to determine the existing water table. 3. The contour lines shall extend at a minimum 30 feet beyond the property lines. 4. Any grade change at the gas main line easement will have to be approved by the gas company. 5. The radius of the proposed roadway encroaches on the treebelt area of the parcel located to the west of the intersection. The right of way will need to be modified at this location. 6. For the definitive plan design, Engineering recommends that a sidewalk be constructed along Rowley Street to Lango Lane so that pedestrians can safely crass Rowley at the existing crosswalk located to the east of Lango Lane where sight distance is adequate. 7. The owner of Lot 8 has frontage proposed all the way to Rowley Street. There is a 5' strip of land preventing the adjacent parcel from accessing the new road. The owner of Lot 8 will be required to shovel the sidewalk in the winter and maintain the tree belt along this entire length. Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, J. Vladimir Cdceres Michelle C.Chease, .E. Civil Engineer Town Engineer s:'=suhctiti"•.i',ut3afa wity-wwle} street'tnettu+y':pt'rliminary'pltrit-ntcttx+ I.61c 1ru� TOWN OF AGAWAM FORM B Application for Approval of Preliminary Plan File one completed form with the Planning Board and a copy with the Town Clerk in accordance with requirements of Section III-El. Sc>�aE 21}, 201G To the Agawam Planning Board: The undersigned herewith submits the accompanying Preliminary Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of the Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning h Board inthe Town of Agawam Nam 1. Na of Applicant Rom ay �E-T' L1SM-o'?ME Address OUR t OVAARCIA FL.. SO 'e2M 5M%GFIELD MA. 0114t{- 2. Name of Engineer or Surveyor GARY R WENER I FF . Address 53 M1LL ROAD t HAM_PIDER, MA. 0143(o I Geed of Property Rcwrded in Hampden County Registry of Deeds page?0,l t47 Boo1c LAU 4. Location and Description of Property(attach sheet) S. A list of the documents included in this application shall accompany notice to the'Town ClaL 0 Documents required to be submitted with this notice: a ems.. a. Notarized statement of interest in the land. -W b. Environmental study. c. Plans d. Ccrtif►ed copy of Deed. signature of Owner co Address ZZ a SCANNED �� '�� r Agawam Planning Board STATEMENT OF INTOWT Date a3 / The petitioner certifies that he is the authorized representative of the owner of all lands contained within the description of the subject petition and that he has option to purchase such lands. Re: Agawam Planning Board .Case No. h. (Address) COMMONWEALTH OF MASSACHUSETTS HAMPDEN as rDate 6/23/2016 There personally appeared before me, on the above date, Michael D. Par �Trn�tee -- to me known to be the person described in and who executed the foregoing document r _ a Notary - ��/1 a I?mn - - Jill A. Crosby - My commi.ssLon expires < e ' Bk 20147 Pw494 080472 12-26--2013 & 02 2 36P FIDUCIARY DEEM KNOW ALL MEN BY THESE PRESENTS, that I, CAROLYN M. CAPITANIO, Conservator of the property and estate of James J. D'Amato, of 462 Main Street, Room 204, Agawam, Massachusetts 01001, by the Decree and Order of the Probate and Family Court Department of the Trial Court, (Hampden Division, (Hyland, J.), Probate and Family Court #HD10P0075PM), and every other power, in consideration of TEN AND 001100 ($10.00)DOLLARS, grant to o the ROWLEY STREET DEVELOPMENT TRUST dated November 20, 2013 of which Carolyn M. Capitanio and Carole A. D'Amato are the original Trustees, the land in Agawam, Hampden County, Massachusetts,bounded and described on Exhibit"A" attached hereto and incorporated herein. 3 WITNESS nay hand this rotday of December, 2013. Si d sealed the sen of CIO Lill, 3 Witness Carolyn Capitanio,C nservator of the property of James J. D'Amato 0 COMMONWEALTH OF MASSACHUSETTS G Hampden,ss. Agawam,December ,2013 ' On this day of December, 2013, before me, the undersigned notary public, personally o appeared Carolyn M. Capitanio, in her capacity as Conservator of the property of James J. D'Amato, %t- proved to me through satisfactory evidence of identification, which was personal knowledge of identification, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its ted purpo Michael D. Parker, Notary Public My commission.expires: 0111212018 A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED Bk 20147 Pg494 ##:80472 Page 1 of 4 Printed: June 23, 2016 @ 12: 15:43 ATTEST: REGISTER OF DEEDS Bk 20147 Pg495 #80472 EXHIBIT"A" the land in Agawam, Hampden County, Massachusetts, more particularly bounded and described as follows: PARCEL 1 Beginning on the Easterly side of a highway,leading Northwesterly from Suffield Street to Springfield Street, in said Agawam, at an oak tree at a ditch and running North at about 25 degrees East on land of Leonard Brothers Fifty-nine (59) rods to an old ditch; thence by land of one Worden in a line of said old ditch South about Seventy-four and one-half (74 %) degrees East Forty-eight (48) rods twenty-one (21) links to other land of Yuzef Mozelews1d, now or formerly; thence Southerly in a direct line to one Goodhue at a point Seventy-one (71) rods East of said highway; thence running Westerly on land of Goodhue and Ely to a yellow pine marked on the Easterly side of said highway; thence running Northwesterly by said Easterly line of said highway Four(4) rods and Seven(7) links to the place of beginning,containing Eighteen (18) acres of land more or less. Being the same premises conveyed to Paul J. D'Amato by deed dated August 8, 1945 and recorded in the Hampden County Registry of Deeds on August 9, 1945 in Book 1804, at Page 157. PARCE-L 2 The land lying Westerly from Suffield Street and Northeasterly from Rowley Street, bounded and described as follows: Beginning at a stone bound at the Southwesterly corner of land hereby conveyed at land now or formerly of Patterson and running thence North 47' 41' 10" 'West, a distance of Three Hundred Eighty and 74/100 (380.74) feet along land now or formerly of Patterson to a stone bound; thence North 2° 41' West a distance of Two Hundred Eighty Two and 96/100 (282.96) feet along land now or formerly of Buoneconti to an iron pipe; thence continuing the same course a distance of Four Hundred Eighty Six and 98/100 (486.98) feet along land now or formerly of Buoneconti to a stone bound; thence North 80° 11' 30" East a distance of One Hundred Thirty Eight and 33/100 (138.33) feet along land now or formerly of Longo to a stone bound; thence North 290 26' West, a distance of One Hundred Seventy Three and 94/100 (17394) feet along land now or formerly of Longo to a stone bound; thence continuing the same course a distance of Two Hundred Thirty Seven and 88/100 (237.88) feet along land now or formerly of Longo to a stone bound; thence North 10 13' East, a distance of Two Hundred Twenty (220) feet along land now or formerly of Barabesi and Malle to an iron pipe;thence North 83° 00' East, a distance of Four Hundred Seventy and 591100 (470.59) feet along land now or formerly of Worden to an iron pin; thence South 74 41' 30" West, a distance of Four Hundred Thirty Five (435) feet along land now or formerly of Worden to a stone bound; thence A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED (r ZD! Bk 20147 Pg494 #80472 Page 2 of 4 Printed: June 23, 2016 @ 12:15:43 ATTEST: REGISTER OF DEEDS ' Bk 20147 Pg496 #80472 South 6° 01' 44" East, a distance of Eleven Hundred Twenty Four and 81/100 (1,124.81) feet along land now or formerly of Worden to a stone bound; thence South 470 25' 30" West a distance of Two Hundred and 90/100 (200.90) feet along land now or formerly of Patterson to the place of beginning. Together with the right to use in common with the Ramah Realty Company and all others iawfuily entitled thereto for all purposes for which public streets are commonly used, the right of way Twenty (20) feet wide extending from the Northerly line of the above described premises across land of the Ramah Realty Company to a private street shown as Ramah Circle North and with the right to so use as.above set forth said Ramah Circle North and Walnut Street, all as shown on plan of sub-division of land in Agawam,Mass., owned by Ramah Realty Company, August, 1953, Eugene L. Higgins, Civ. Eng'r., recorded in Hampden County Registry of Deeds in Book of Plans 40,Page 116. Subject to pole and wire rights granted to the Montague Company by deed of H. Preston Worden dated June 10, 1924, and recorded in Hampden County Registry of Deeds in Book 1221, Page288. Being Parcel No. 1 in a deed from Ralph J. D'Amato to Paul J. D'Amato dated February 21, 1969 and recorded in the Hampden County Registry of Deeds on February 24, 1969 in Book 3403, at Page 419. PARCEIL 3 The land in Agawam, Hampden County, Massachusetts, lying Easterly from Rowley Street and Southerly from Springfield Street,bounded and described as follows: Beginning at a stone bound distant approximately sixty hundred (600) feet South from Springfield Street at O'Brien's Corners, so-called, at land now or formerly of Timothy and Dennis O'Brien, which is the Northwesterly corner of the premises hereby conveyed, and running thence South 30126' 30"East along land of said O'Brien a distance of Four Hundred Seventy One and 97/100 (471.97) feet to a stone bound; thence North 41' 45' East along land now or formerly of Worden a distance of Two Hundred Eighty Two and 55/100 (282.55) feet to a stone bound; thence North 31 21' East along land now or formerly of Worden a distance of Ninety and 10/100 (90.10) feet to a stone bound; thence forth 58' 25' West along land now or formerly of Worden a distance of Three Hundred Seven and 41/100 (307.41) feet to a stone bound at other land of Strathmore Paper Company; thence in a Northwesterly direction along other land now or formerly of Strathmore Paper Company a distance of One Hundred Seventy Five (175) feet more or less to the stone hound at the place of beginning. Containing approximately 2.25 acres; Together with the right to lay, construct and maintain an aqueduct pipe of any size in and across land now or formerly of Horace B. Worden as granted by Amos Gosselin and A TRUE PHOTOCOPY AS RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED L ry Bk 20147 Pg494 #80472 Page 3 of 4 Printed: June 23, 2016 @ 12:15:43 ATTEST: REGISTER OF DEEDS Bk 20147 Pg497 .#80472 Esther Gosselin to the Mittineague Paper Company by deed dated October 26, 1899, and recorded in Hampden County Registry of Deeds,in Book 611, Page 167. Being Parcel No. 2 in a deed from Ralph I D'Amato to Paul J. D'Amato dated February 21, 1969 and recorded in the Hampden County Registry of Deeds on February 24, 1969 in Book 3403, at Page 419. 00NALD E.ASHE,REGISTER hAMME,"'nOUNT'REGISTRY OF HEEDS '1 A TRUE PHOTOCOPY AS RECORDED IN HAMIPDEN COUNTY REGISTRY OF DEEDS AND IT IS SO CERTIFIED D 5 y r- . Bk 20147 Pg494 #80472 Page 4 of 4 Printed: June 23, 2016 @ 12:15:43 ATTEST: REGISTER OF DEEDS GARY P.WEINER, P.E. 53 Mill Road,Hampden,MA 01036 413-374-4467 • m53hamp@gmail.com D'Amato Way Subdivision Agawam, Massachusetts Environmental Review Overview The applicant, Rowley Street Development Trust, is seeping approval for a 14 lot single family residential subdivision. The site is approximately 13.9 acres of vacant land. An unoccupied single family house stands an a portion of the site near Rowley Street. The house would be demolished to make way for the subdivision. The parcel has two large Western Mass Electric Company easements crossing the northerly third, and a Tenneco gas line easement along the easterly side. The parcel was previously cleared land for farming, but is currently overgrown with scrub growth and grass. The utility company easements are mostly cleared and grassed. The parcel is zoned Residence B along the Rowley Street right of way (approximately 200' deep) and zoned Agriculture for the remainder of the parcel. The proposed subdivision will comply with all the zoning requirements of the individual districts, and the subdivision complies with the overall Master Plan for the Town of Agawam. Environmental Features As noted above, the site is currently vacant land. The land slopes gently from the northwest corner to the southeast corner at about 2%. There are no significant environmental features as the parcel has previously been cleared for farming. The shrub growth within the site and mature trees along the property lines do provide for some wildlife habitat, yet the area is not listed as home for endangered species by the State Endangered Species program. It should be noted that over one-third of the parcel will remain open space due to the existing utility easements and the 8-acre Lot 10. There are no wetlands on the parcel as defined under Massachusetts General Laws; however, there is a small vegetated wetland off the property to the north and a possible wetland area to the southeast. The parcel is underlain by soils of the Merrimac sandy loam classification as delineated by the U.S.D.A. - Soil Conservation Service. These soils are well-drained, friable, and subject to wind erosion. Water table in these soils is generally deep with moderate seasonal fluctuations. on-site review indicates stormwater runoff flows over these soils from northwest to southeast with no indication of soil erosion. � f Development Impacts The proposed single family residential development will comply with current zoning and subdivision regulations. The 14 new, single family homes will create living space for young families in Agawam. With the development will come increased traffic on Rowley Street and the surrounding roadway networks. Rowley Street is considered a primary roadway and easily has the capacity to accommodate the new development without affecting level of service (LOS). Of concern is the sight distance on Rowley Street southerly of the development for vehicles exiting the subdivision, as well as vehicles traveling northerly on Rowley Street. An easement for sight distance purposes has been created on Lot 1 to provide adequate safe stopping sight distance. The new homes will be serviced by town sewer and water. The utilities available are adequate to service the 14 proposed homes. Stormwater will be controlled on site using standard roadway control — catch basins and piping. Stormwater will be piped to a retention basin along the southerly property line with design to accommodate the 100 year storm occurrence and provide groundwater recharge. Generated solid waste will be handled through general municipal or private collection. The site development will require the disturbance of more than one acre of the parcel. This threshold will require the filing of a Notice of Intent with the U.S.--E.P.A. and the creation of a Stormwater Pollution Prevention Plan (SWPPP) for all construction activities on the site. The SWPPP will regulate dust, noise, stormwater flows, solid waste, hazardous wastes, and environmental impacts due to construction activities. S�"bebV/ jv-4 TOWN OF AGAWAM GRANT OF STORM DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS that ROWLEY STREET DEVELOPMENT TRUST,for consideration paid and in consideration of ONE DOLLAR AND 001100 ($1.00), grants to the TOWN OF AGAWAM, a municipal corporation located in the County of Hampden with its principal office at 36 Main Street, in said Agawam, Massachusetts, the following described easement for public purposes in Agawam, Hampden County, Massachusetts, to wit: BEING an easement for the purposes of constructing, repairing and maintaining a permanent storm drainage easement necessary for public convenience and health over parcels herein described, said easement and right of way over said parcels to be an easement together with the right to enter with men, equipment, machinery and material to construct drainage facilities, landscape, alter grades and slopes, to repair, maintain, and improve said storm drainage facilities, including the right to trim, and remove any and all trees and shrubbery located on the land within said easements, and do any and all other things reasonably necessary for construction and maintenance of said storm drainage easement. SAID storm drainage easement is shown on Lots 4, 5 and 6 on a plan entitled "Definitive Subdivision Plan D'Amato Way -- Easterly of Rowley Street Agawam, MA for Rowley Street Development Trust—Owner"dated October 5,2016, which plan is recorded in Hampden County Registry of Deeds, Book of Plans , Page The description of the land over which the said storm drainage easement is granted is more particularly bounded and described as follows: Beginning at a concrete bound to be set in the southerly sideline of D'Amato Way, said concrete bound being ninety-eight and 04/100 (98.04) feet east of the northwest corner of Lot 6 as shown on the above-referenced Definitive Subdivision Plan ("Plan"), then S 30' 48' 53" E a distance of one hundred sixty-three and 96/100 (163.96) feet : to a point in the southerly line of said Lot 6; thence N 80' 09'20"E aY- distance of three hundred twenty-four and 94/100 (324.94) feet to a ; point in the southerly sideline of Lot 4 of said Plan; thence N 09' 50' ir 40" W a distance of eighty and 00/100 (80.00) feet to a point;thence S .M 80'09' 20"W a distance of one hundred sixty and 00/100(160.00)feet 3 to a point in the easterly sideline of Lot 5 of said Plan;thence S 09' 50' b' 40"E running along said sideline a distance of sixty and 00/100(60.00) w feet to a point; thence S 80' 09' 20"W a distance of one hundred fifty- one and 18/100 (151.18) feet to a point in the westerly sideline of Lot 5 of said Plan; thence N 30' 48' 53"W running along said sideline a distance of one hundred forty-six and 77/100 (146.77) feet to an iron pin to be set in the southerly sideline of D'Amato Way; thence SCANNE &122112 Westerly along the southerly line of D'Amato Way by a curve to the right having a radius of sixty and 001100(60.00)feet an are distance of twenty-one and 96/100 (21.96) feet in said sideline to the concrete bound at the beginning. EXECUTED as a sealed instrument this ;N day of J%/ne— 2017. ROWLEY STREET DE VELO E TST -- ---- (Witness) by: Wilharri P. Di"AnIato, Trustee of the Rowley Street Development Trust COMMONWEATLH OF MASSACHUSETTSCQA&y-76"I Tpdss Spciv,&"d, 12017 On thiscr day of�UK� , 2017, before me, the undersigned notary public, personally appeared William P. D'Amato, in his capacity as Trustee of the Rowley Street Develo men tTrus Trust, proved to me.througli satisfactory evidence of identification, which was _ Sotic K1 OLO twa , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. TUA �•«,,,� /�� 11� Notary Public My commission expires:^ t RY o70a0_ G.4_do 4•' JT x IN WITNESS WHEREOF, the Planning Board of the Town of Agawam has accepted the rights conveyed hereby and has signed and acknowledged this instrument and shall cause it to be recorded with the Hampden County Ra of Deeds on behalf of the Town of Agawam, Massachusetts this p7� day of �) -e 23 [ -] TOWN OF AGAW CANNING BOARD) B i COMMONWEALTH OF MASSACHUSETTS Hampden, ss. 20 On this ?A*4"' day of �VL ZO l� , before me,the undersigned Notary Public,personally appeared 10!G0 U105 and proved tome thr ugh satisfactory evidence of identification, which wa9J driver's license, or other KO to be the person whose name is signed the preceding or attached document and acknowledged to me that be/shyigned it vol un for its stated purposes. s "NZ Nam PW* Notary Public TN OF tAssacrrs My.0onv isWw FVir@s 7.20" My Commission expires: APPROVED AS TO FORM: �o D TE: fit � g�D Jce�•�i S (A k?0 vrsl COVENANT The undersigned, Michael D. Parker, Trustee, Rowley Street Development Trust, hereinafter called the "Covenantor", having submitted to the Planning Board of the Town of Agawam a definitive plan of a subdivision entitled "D'Amato Way" and particularly lots 1 thru 8 does hereby covenant and agree with said Planning Board and the successors in office of said Board, pursuant to General Laws (Terr.Ed.) C. 41, Section 81U, as amended that: 1. The Covenantor is the owner of record of the premises shown on said plan. 2. This Covenant shall run with the land and be binding upon the executors, administrators, heirs and assigns of the Covenantor, and their successors in title to the premises on said plan. 3. The construction of ways and the installation of municipal services shall be provided to serve any lots in accordance with the applicable rules and regulations of said board before such lot may be built upon or conveyed, other than by mortgage deed, provided that a mortgagee who acquires title to the mortgaged premises by foreclosure, or otherwise,and any such lot subject only to the portion of this Covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot; provided however,that prior to release of a lot or lots to be built upon or conveyed, the Board may require a deposit of money sufficient in the opinion of the Board to secure final completion of ways and services required for the lots in the subdivision, as shown on said definitive plans. 4. Nothing herein shall be deemed to prohibit a conveyance subject to this covenant by a single deed of the entire parcel of land shown on the subdivision plan of all lots not previously released by the Planning Board, without first providing such ways and services. 5. This Covenant shall take effect upon approval of said plans. 6. Reference to this covenant shall be entered upon said plans and this Covenant shall be recorded when said plan is recorded. EXECUTED AS A SEALED INSTRUMENT THIS 5 I`!/Za l to ROWLEY STREET DEVELOPMENT TRUST B Michael D. Parker, Trustee COMMONWEALTH OF MASSACHUSETTS Hampden, ss On this 19th day of aY , 2017 ,before me, the undersigned notary public, personally appeared Michael D. Parker ,proved to me through satisfactory evidence of identification to be the person whose name is signed on the preceding or attached doe FF ged to me that he/she signed it voluntarily for its stated ose. 08-14-2020 Notary Public My Commission Expires Ellen D. Pix SCANNED �� `WG ' , . Swb�rvis�`�Yt PERFORMANCE AGREEMENT D'AMATO WAY LOTS 1 THRU 8 INCLUSIVE THIS AGREEMENT made by and between Rowley Street Development Trust, a trust,Michael D. Parker,Trustee and Michael D.Parker,an individual,hereinafter called the DEVELOPER,having a usual place of business at One Monarch Place, Suite 2220, Springfield,Massachusetts and the Town of Agawam, Massachusetts,a municipal corporation having a usual place of business at 36 Main Street, Agawam, Massachusetts 01001,acting through its Planning Board,hereinafter called the TOWN;witnesseth: WHEREAS,the DEVELOPER desires to carry out the development of lots 1 thru 8 inclusive as shown on a set of definitive plans recorded in the Hampden County Registry of Deeds as indicated below: DEFINITIVE SUBDIVISION PLAN D'AMATO WAY EASTERLY SIDE OF ROWLEY STREET AGAWAM,MA FOR: ROWLEY STREET DEVELOPMENT TRUST-OWNER GARY WEINER,P.E. DATE:OCTOBER 5,2016,REVISED 3-6-17 HCRD BOOK PAGE AND WHEREAS,on November 3,2016, the PLANNING BOARD of the TOWN endorsed plans entitled: DEFINITIVE SUBDIVISION PLAN D'AMATO WAY EASTERLY SIDE OF ROWLEY STREET AGAWAM,MASSACHUSETTS DATE: OCTOBER 5,2016, REVISED 3-6-17 NOW,THEREFORE,in consideration of the approval of the definitive Plans by said TOWN, providing for the construction of ways, clearing,grading and installation of municipal services to the above mentioned lots;the DEVELOPER hereby agrees to perform the required improvements in accordance with the "Rules and Regulations of the Planning Board as it Refers to Subdivision Control",as amended, and to construct the following items of work in a manner satisfactory to the TOWN: CONSTRUCTION STANDARDS AND REQUIRED IMPROVEMENTS: Section V of"Rules and Regulations of the Planning Board as it Refers to Subdivision Control", amended March 7, 1974,is hereby supplemented by the following descriptions,modifications,additions and deletions. These Construction Standards and Required Improvements shall prevail over those published in Section V and the Definitive Plans only where there is a discrepancy,and where the Town Engineer determines that these Construction Standards are more stringent. Wherever the term "Massachusetts Standard Specifications"is used it shall refer to"The Commonwealth of Massachusetts Department of Public Works Standard Specification for Highways and Bridges", 1973 ed., including the latest Supplemental Specifications. The term"Town Engineer"shall mean the Agawam Town Engineer,acting directly or through an authorized representative, such representative acting within the scope of the particular duties entrusted to him. The DEVELOPER shall notify the TOWN through its Department of Public Works in writing at least forty-eight(48)hours in advance of the time when he plans to begin work on any of the improvements required by this Agreement. Failure on the part of the DEVELOPER to provide such notification shall be cause for the TOWN to require the DEVELOPER to excavate and construct the improvements as necessary in order to insure that the work has been done in a satisfactory manner. A M � �v SCA.NAJFC._ &OW ` I A. Street and Roadway: The entire area within the street layout shall be cleared of all stumps,brush, roots,boulders,debris and all trees not intended for preservation. All loam,clay,peat and other unsuitable material encountered within the layout shall be excavated and replaced with granular material conforming to Massachusetts Standard Specifications M 1.01.0 to a depth of 4 feet below the subgrade. Install subdrains where the seasonal high groundwater elevation is within 4 feet of the proposed roadway surface. Subdrain sizes and locations shall be subject to the approval of the Town Engineer and shall be installed wherever necessary in the opinion of the Town Engineer. Subdrains shall conform to Massachusetts Construction Standards 209.1.1. All rock encountered within the street layout shall be excavated and replaced with granular material conforming to Massachusetts Standard Specifications M 1.01.0 to such a depth of 4 feet below the subgrade. Before placing any subbase or base materials,the entire subgrade area shall be fine graded and compacted to not less than 90 percent of maximum dry density as determined by AASTHO Test Designation T99 Compaction Test Method C. Special Borrow for subbase shall conform to Massachusetts Standard Specifications M2.01.1. Subbase and base courses shall be fine graded and compacted to not less than 95 percent of maximum dry density in accordance with Section 401 and Section 405 of the Massachusetts Standard Specifications. The DEVELOPER shall be responsible for reimbursing the TOWN for the cost of all soils testing. The roadway surface shall be Class I Bituminous Concrete Type I-1 applied in Two(2)courses in accordance with Section 460 of the Massachusetts Standard Specifications. The top course shall not be applied until one(1)winter season has passed since the completion of all underground work within the subgrade area. Only the roadway designs or alternatives shown on the Definitive Plans shall be constructed. Bituminous concrete curb conforming to Massachusetts Construction Standard 106.2.0,Type 2 shall be installed on both sides of the roadway. Granite curbing shall be installed along the are of the curve at intersections. Type SA edging shall be used on Places and Lanes, and Type VA vertical curb shall be used on Sub-Collectors and Collectors,unless otherwise directed by the Town Engineer. B. Sanitary Sewers: Submit an "Application for Permit for Extension of Sewerage System"to the Superintendent of Public Works for his recommendation to the Director of the Massachusetts Division of Water Pollution Control. After receipt of a Sewerage Extension Permit,pay all fees and deposits, and apply for a connection to the public sewer. Install asbestos-cement,PVC or approved equal sewer pipe and fittings conforming to Massachusetts Standard Specifications M5.02.7,of the size, class and at the lines and grades shown on the Definitive Plans. The minimum design flexure strength of asbestos-cement sewer pipe shall be class 2400 for sizes 4 and 6 inch diameters and class 3300 for sizes 8 through 12 inch diameter. The minimum PVC sewer pipe class shall be SDR 35,however,special bedding will be required. Building sewer connections shall be at least 4 inch diameter laid at 1/8 inch per foot pitch minimum,and shall be separated from the water services by at least 10 feet horizontally. Building sewer connections shall not be made directly into manholes. Long sweep elbows shall be used for all bends 11 1/2 degrees or greater. A cleanout shall be installed no further than 20 feet upstream of any 45 degree or 90 degree bend. No foundation drains or roof leaders shall be connected to the sanitary sewers. Bedding shall conform to Subsection 230,61, and backfilling shall meet the requirements of Subsections 120.60B, 150.60 and 150.64 of the Massachusetts Standard Specifications. A special bedding of sand borrow conforming to M1.04.0 Type shall be well compacted around all PVC sewer pipe a minimum distance of 1 foot. Where the bottom of the trench is, in the opinion of the Town Engineer,found to be unstable,the DEVELOPER shall excavate the unsuitable material to the width and depth ordered by the Town Engineer,and shall replace all unsuitable materials,as directed,with a well compacted foundation consisting of granular material conforming to M 1.02.0(maximum stone size of 2 inches)or crushed stone conforming to M2.01.1 of the Massachusetts Standard Specifications. Where rock is encountered it shall be removed to a depth of 1 foot below and from all sides of the pipe or structure. Precast concrete sewer manholes shall conform to Agawam Construction Standard 202.4.1 and shall be installed in accordance with Section 201 of the Massachusetts Standard Specifications. Pipe connections to manholes shall be made with a flexible rubber boot and shall be cast in a 6 inch concrete collar. Inverts shall be brick conforming to Massachusetts Stand Specifications M4.05.1. Preformed bituminous joint filler shall conform to M3.05.3 and cement concrete brick for adjusting frames and covers shall conform to M4.05.0 of the Massachusetts Standard Specifications. Type A frames and covers shall conform to Massachusetts Construction Standards 202.6.0 and 202.8.0, and shall have the word"SEWER" imprinted in 3 inch high letters on the cover. The DEVELOPER shall famish the labor and equipment,test plugs,gauges and appurtenances necessary for air testing all sanitary sewer pipes. If leakage of air at 4 psi exceeds 0.15 CFM per square foot in any section of pipe, as determined by the Town Engineer,the DEVELOPER shall Page 2of8 locate the leaks and repair them at his own expense. In no event shall the total infiltration or exfiltration including manholes,exceed the equivalent of 100 gallons per 24 hours per inch diameter per mile of sewer main,in any section of the sewer system,as determined by the Town Engineer. C. DrainMe: If any storm drains are to be connected to the TOWN drainage system,the DEVELOPER shall apply to the Superintendent of Public Works for a permit to connect to the public storm drains, and pay all fees and deposits required. Install reinforced concrete storm drain pipe conforming to Massachusetts Standard Specifications M5.0 L l,of the size,class and at the lines and grades shown on the Definitive Plans. Storm drain connections to foundation drains and roof leaders shall be installed as shown on the Definitive Plans, and shall beat least 4 inch diameter laid at 1/8 inch per foot minimum pitch. The minimum flexure strength of 4 and 6 inch diameter asbestos cement pipe shall be class 2000 D. The minimum PVC pipe class for storm drain connections shall be SDR 41,however, special bedding will be required. Bedding shall conform to Subsection 230.61,and back-filling shall meet the requirements of Subsections 120.60B, 150.60 and 150.64 of the Massachusetts Standard Specifications. A special bedding of sand borrow conforming to M1.04.0 Type b shall be well compacted around all PVC drain pipe a minimum distance of 1 foot. Where the bottom of the trench is, in the opinion of the Town Engineer,found to be unstable,the DEVELOPER shall excavate the unsuitable material to the width and depth ordered by the Town Engineer,and shall replace all unsuitable materials,as directed,with a well compacted foundation consisting of granular material conforming to M 1.02.0(maximum stone size of 2 inches)or crushed stone conforming to M2.0 L l of the Massachusetts Standard Specifications. Where rock is encountered it shall be removed to a depth of I foot below and from all sides of the pipe or structure. Storm drain manholes and Type C(Slope)catch basins shall conform to Agawam Construction Standards 202.2.1 and 201.3.1 respectively. Precast concrete catch basin tops shall be as manufactured by New England Precast Concrete,Agawam,MA; Arrow Concrete Products,Inc., Granby,CT;or approved equal. Cement concrete brick for inverts and adjusting frames and covers shall conform to Massachusetts Standard Specifications M4.05.0. Manhole frames and covers shall be Type A conforming to Massachusetts Construction Standards 202.6.0 and 202.8.0 and shall have the word"DRAIN'imprinted in 3 inch high letters on the cover. Class A cement concrete masonry and steel reinforcement work shall conform to Section 901 of the Massachusetts Standard Specifications. Headwalls shall be constructed to the designs and dimensions indicated on the definitive Plans, and as directed to close conformity with the lines and grades established by the Town Engineer. Headwalls shall be built in accordance with Massachusetts Construction Standards 206.4.0 or 206.6.0. Rip-rap,channel paving and stone for pipe ends shall consist of furnishing and installing uniformly placed stonework at the lines and grades shown on the Definitive Plans, in accordance with Section 258 and 983 of the Massachusetts Standard Specifications. Stone shall conform to M2.02.3 with the exception that rounded cobbles meeting the weight specifications may be used with the approval of the Town Engineer, D. Water: Install 8-inch Class 52 cement lined ductile iron water mains,or larger as shown on the Definitive Plans. Ductile iron pipe shall conform to Massachusetts Standard Specifications M5.05.3, Class 52. Joints shall be bell and spigot elastomeric gasket rings conforming to ANSI Specification A21.11. Standard laying lengths shall not exceed 20 feet. Ductile iron pipe shall be polyethylene encased in accordance with ASTM Specification A674. Hydrants shall be Protectop Type S as manufactured by A.P.Smith Manufacturing Co.,East Orange, NJ;or approved equal. Hydrants shall have a 5-inch main valve seat, a bury length of 5.5 feet minimum,or as required for each individual installation,and shall be furnished with two(2)2 1/2 inch hose nozzles. One(1)additional 4 1/2 inch steamer nozzle shall be furnished on the hydrant when deemed necessary by the Town Engineer. A hydrant tee and valve shall open left, counterclockwise. Gate valves shall be New York Metropolitan Standard meeting the requirements ofAWWA Specification C500,and shall have mechanical joint ends. Valve boxes shall be 4 1/2 inch diameter and the cover shall include the word "WATER"cast in the top. Corporations shall be New England Standard and shall be Mueller H-15002,Ford F-600NE, or approved equal. Curb stops shall be New England Standard and shall be Mueller H-15212,Ford Z22-333 SW,or approved equal. Type K copper tubing for water services shall be a minimum of 3/4 inch diameter. Where rock is encountered it shall be removed to a depth of 1 foot below the bottom of the pipe. Only granular material approved by the Town Engineer shall be used as backfilI in any trench excavation. E. Sidewalks and Treebelts: The DEVELOPER shall construct sidewalks on both sides of the roadway of such width as is shown on the Definitive Plans. The gravel subbase and base courses shall consist Page 3 of 8 of a 6 inch gravel subbase and 2 inch processed gravel base conforming to Massachusetts Standard Specifications M1.03.0 Type b,and M1.03.1 respectively,and said courses shall be wider by 3 inches on both sides than the bituminous surface. The bituminous concrete sidewalk surface shall be 2 inches thick laid in two(2)courses I inch each,and shall conform to the applicable requirements of Section 701 of the Massachusetts Standard specifications. Treebeits shall be constructed on both sides of the roadway to the width indicated on the Definitive Plans. Loam meeting the requirements of Massachusetts Standard Specifications M 1.05.0 shall be placed to a minimum compacted depth of 6 inches. The DEVELOPER shall submit samples of the loam to the Town Engineer for analysis and determination of the amount of time and fertilizer required The work shall conform to Section 760 of the Massachusetts Standard Specifications,and the grass seed shall meet the requirements of M6.03 A. A copy of the seed certificate shall be submitted to the Town Engineer. The treebelts shall be watered,reworked,and reseeded as necessary to develop a satisfactory stand of grass. P. Utilities: Street lights shall be installed by the DEVELOPER at his expense and he shall be responsible for the cost of lighting until the street is accepted by the TOWN. Street lights shall be the type adopted by the Utility Committee of the Town Council. All underground utilities and service connections shall be installed prior to the construction of the roadway surface. G. Inspection: The DEVELOPER shall notify the Department of Public Works of the TOWN at least forty-eight(48)hours in advance of the time when he plans to begin or resume work on any of the improvements required by this Agreement. The TOWN will charge the DEVELOPER at the hourly rate established by the Department of Public Works for inspecting the work. No work will be accepted by the TOWN which has not been inspected on a daily basis during its progress. The presence of an inspector shall in no way relieves the DEVELOPER from full responsibility for completing the required work and providing the workmanship and materials specified. H. Shade Trees: On each lot two(2)shade trees shall be planted within twenty(20)feet from the street line and located so as not to conflict with underground utilities and sight distances. At the discretion of the Tree Warden,the shade trees may be planted on the treebelt within the street layout. Trees shall be 2 1/2 inches minimum in diameter,balled,burlaped,native and hardy species as approved by the Planning Board,and shall be planted subject to the direction of the Tree Warden. The DEVELOPER shall guarantee for one(1)full year that the trees remain alive and healthy. I. Clearing and Grading: Clear and grade the site as shown on the Definitive Plans. All areas not to be paved which are disturbed by the DEVELOPER shall be limed,fertilized, seeded,mulched, watered,reworked and reseeded as necessary until a satisfactory stand of grass takes hold to prevent erosion. Any work performed on the banks of streams,drainage ditches or swales shall receive priority. Mulching and seeding for erosion control shall conform to Section 767 of the Massachusetts Standard Specifications. Seed for erosion control shall meet the requirements of M6.03.1. Where indicated on the Definitive Plans or deemed necessary by the Town Engineer to prevent erosion,haybales shall be placed. Hay bales shall meet the requirements of M6.04.1 and shall weigh at least 50 pounds each. Hay bales shall be placed in uniform rows and secured to at]east two(2)2" x 2"x 36" stakes driven into the ground to prevent overturning,floatation,or displacement. Any deposited sediment that collects at the hay bale structures shall be removed periodically as directed by the Town Engineer. Lightweight paper netting shall be applied on slopes steeper than 3:1 and on seeded areas shown on the Definitive Plans or as directed by the Town Engineer. The netting shall be secured to the ground with 1"x l"x 12"stakes spaced no more than 6 feet apart to prevent it from blowing or washing away. The netting shall be removed when and as directed by the Town Engineer. J. Loam or Topsoil. No loam or topsoil shall be removed from the subdivision until all work is completed,and then only with a special permit from the Board of Appeals as required by Section 20-8(g)of the Town Code. K. Excavations: All excavations within the street layout, and to dwellings shall be barricaded, protected, lighted at proper times,and promptly backfilled as required by the Superintendent of Public Works and the Chief of Police, Any person not directly employed or under contract with the DEVELOPER, who wishes to excavate within the street layout must first obtain a permit from the Superintendent of Public Works as required by Section 164(a)of the Town Code. Right of entry or an appropriate utility easement must be given before a permit will be issued. L. Permits: Each lot line must be clearly marked,and the lot identified by lot and street number,before the Building Inspector will make any inspections. Any sign required to be erected under an Order of Conditions issued by the Conservation Commission shall be maintained in good condition until a Certificate of Compliance is obtained by the DEVELOPER. M. Protection of Natural Features: All natural features to be preserved shall be suitably protected by the Page 4 of 8 DEVELOPER during construction. The DEVELOPER shall notify the Tree Warden at least one(1) week prior to clearing of the site. No evergreen tree,shrub or tree over 8 inches in diameter outside the street layout and building site shall be removed without the consent of the Tree Warden. N. Cleaning Up: Before final inspection,the total area shall be cleared of debris,both natural and materials generated by construction. The particular attention of the DEVELOPER is directed to the requirement that on the day of the final inspection all paved areas must be swept and the drainage structures cleaned. O. MQnuments: All monuments shown on the Definitive Plans shall be set,and their installation shall be certified by a registered land surveyor as of the date of final inspection. Monuments marking the street layout shall be granite or precast concrete bounds conforming to Massachusetts Specifications M4.04.8 or M4.06.1,set flush with finish grade. Iron pipe 1 1l2 inch diameter,schedule 40 galvanized,3 feet long, may be used at lot corners,except where a granite or precast concrete bound is required for marking the street lines. P. Strut Acceptance: The DEVELOPER shall submit to the Town Engineer for review the final street layout plans and legal description suitable for recording in the Hampden County Registry of Deeds. The plans and description shall both meet the standards of the Street Acceptance Committee and the Department of Public Works,and shall be revised if required by the Street Acceptance Committee after an on-site public hearing. After completion of all of the improvements required by this Agreement,the DEVELOPER shall submit to the Town Council a Petition for Street Acceptance;and an Affidavit,releasing the TOWN from all damages which the DEVELOPER and his successors or assigns may incur by reason of acceptance of the street by the TOWN;together with the Street Acceptance Plans referred to above. Page 5 of 8 PERFORMANCE GUARANTEE.The DEVELOPER shall guarantee to the TOWN the faithful performance by the DEVELOPER within two(2)years after the date of this Agreement,or any extension thereof,of all work required herein. The DEVELOPER shall also repair,to the satisfaction of the TOWN,any damage to or failure of any completed work which may occur during the term of this Agreement. If the DEVELOPER fails to perform the work within the time specified and in accordance with the terms of this Agreement or,in the event that the DEVELOPER shall not satisfy all claims and demands incurred in connection with said improvements and work as herein specified,the DEVELOPER shall pay to the TOWN an amount of money which will equal the measure of damages sustained by the TOWN as a result of the failure to perform the work. The measure of damages shall be established by determining the lowest reasonable cost to complete the work unfinished plus reasonable administrative expenses,attorney=s fees and legal costs incurred by the TOWN in case of breach of this Agreement by the DEVELOPER. The TOWN need not expend any funds to establish the said measure of damages, said measure of damages to be established by reasonable estimate to complete the said work plus the said administrative expenses, attorney=s fees and legal costs herein mentioned. The DEVELOPER further warrants that all work done under this Agreement will be performed and completed in a workmanlike manner,and that the said work will be fit for the use intended, Page 6of8 NOTIFICATION OF COMPLETION: Upon completion of all work required herein,the DEVELOPER shall notify the TOWN,by registered mail sent to both the Town Clerk and the Planning Board,that the work is ready for final inspection with respect to the release of the Performance Guarantee. Release of the Performance Guarantee is contingent upon all work being completed in accordance with the Construction Standards and Required Improvements included herein. IN WITNESS WHEREOF,this instrument is executed in four(4) counter parts, each one of which shall be deemed an original this the_ �day of 20L7—. ATTEST: DEVELOPER: ROWLEY STREET DEVELOPMENT TRUST (witness to developer) Michael D. Parker,Trustee By (witness to developer) Michael D.Parker,an individual A TEST, TOWN - t TOWN OF AGAWAM,MASSACHUSETTS Vincent LOgC :a TOWN CLERK PLANNING BOARD DATE: 017 APPROVED AS TO FORM: TOWN CO SEL / T--�/ Page 7 of 8 sJJ Town of Agawam Clerk's Office y 36 Main St,Agawam,Massachusetts 01001-1837 Tel.413-786-0400 X 8215 or 8747,Fax 413-786-9927 Email: clerk@agawam.ma.us 1� January 27, 2017 1 hereby certify that the Agawam Planning Board did not take action within the twenty one day period on an application received on January 4, 2017 for a Form A from Attorney Michael D. Parker. The location of this property is D'Amato Way Subdivision, off Rowiey Street. incent toscia, Town Clerk SCANNED 1 � Town of Agawam N�J ;•: `I{ 4 36 Main Street Agawam, Massachusetts 01001-1801 P� Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD January 26, 2017 Vincent Gioscia Town Clerk 36 Main Street Agawam, Massachusetts 01001 Dear Mr. Gioscia, Attached is an application for a Form A that was submitted on January 4, 2017 by Attorney Michael D. Parker. The Planning Board did not take action on this plan. The twenty-one (21) day time period for action has lapsed. Sincerely, r 7 . MurkcR. Paleologopoulos, Chairman GAWAM PLANNING BOARD W/MAS:prk t ►mot r` �� ` �� `inspection Services ,.�< gile =Wessors -'CANNED�f� `MC, nmao UJOLY Subl)Iv Islbn tqQ" AGAWAM, MASSACHUSETTS JAN 0 e 2017 AGAWAM FORM A PLANgtgoRD or Endorsement of Plan Not Believed to Require Approval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B January 3 . 20 17 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Michael D. Parker, Esq. Address =;Mmarlc�h_Pnlnacn Suite 2220 rxgf�ie_. -- Phone#(413) 736-41 o1 Fax #(413) 73fi-4582 email epixley@mdparkerlaw.CM 2. Name of Surveyor Paul S. Smith band Surve 97", n 319 Shaker Road Address East �+ Phone#(413) 525-4700 Fax # email := �'3 (413) Recorded ��l County Registry of Deeds 3. Deed of property Recordd ed in .- „ „•. ��, - ar Book 20147 page 494 3vi CD 4. Location of Property D'Amato Way Subdivision, off Rowley Street 40 n . ;P 5. Describe the proposal in this submission: - ram` The Planning Board approved the subdivision of land off Rowley Street.•known as D'Amato Way on November 3, 2016. As a condition of that order, the owner of the subdivision,Rowley Street Development Trust, was to convey a certain strip of land along the south side of D'Amato Way (Parcel "B") to the adjacent parcel 3, as shown on the attached plan. Further, the adjacent owners are to convey to the Trust a small triangular parcel at the intersection of D'Amato Way and Rowley Street (Parcel "A") so that the corner could be Propery r ATTACIMENTS - Two originals and three copies of plan ry certified lao nn surveyor. Filing Fee-$50.00 plus $20.00 per lot. $90.00 Signature of Owner A ' Address One Monarch Place, Suite 2220 Michael D. Parker, lEsq. Springfield, MA Q1144 The attached plan, Approval Not Required, is submitted for the parcels A and B which are to be cross_conveyed. purpose of describing the -SCANNED-�, U'a but k-""�lati 4 , 0f . OF AGA WAM, MA S SACHUSETTS JAN 0 a Z017 iA AM FORM A �� RD� LA l .a'tion or Endorsement of Plan Not Believed to Require Apgroval FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B January 3 20 17 TO THE PLANNING BOARD. The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Michael D. Parker, Esq. Address One Monarch Place, Suite 2220 Springfioi�n 01144 Phone #(413) 736-4101 Fax #(413) 736-45a2 email epixley@ erl2 can 2. Name of Surveyor Paul S. Smith Land Surveyor T �3 319 Shaker Road Address East ��� Phone#(413) 525-4700 Fax # email 413) 478-5771 0 3. Deed of roperty Recorded in Hampden County Registry of Deeds Book 20147 page 494 4. Location of Property D'Amato Way Subdivision, off Rowley Street 5. Describe the proposal in this submission: The Planning Board approved the subdivision of land off Rowley Street.:known as D'Amato Way on November 3, 2016. As a condition of that order, the owner of the subdivision,Rowley Street Development Trust, was to convey a certain ptrip of land along the south side of D'Amato Way (Parcel "B") to the adjacent parcel 3, as shown on the attached plan. Further, the adjacent owners are to convey to the Trust a small triangular parcel at the intersection of D'Amato Way and Rowley Street (Parcel "A") so that the corner could be proper rimed. ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee- $50.00 plus $20.00 per lot. $9o.00 Signature of Owne4MieQ11 ' Address One Monarch Place, Suite 2220 . Parker, Fsq. Springfield, MA 01144 The attached plan, Approval Not Required, is submitted for the purpose of describing the parcels A and B which are to be cross-conveyed. SCANNED 4 4 1 -tm MICHAEL D. PARKER !ATTORNEY AND COUNSELOR ONE MONARCH PLACE.SUITE 2220 SPRINGFIELD. MASSACHUSETTS 01144 JEFFREY R. LINDEQUIST TELEPHONE(413)T36-4101 TELECOPIER(413)736-4562 January 3, 2017 HAND DELIVERED Town of Agawam 36 Main Street Agawam, MA 01001 Attention: Deborah S. Dachos Director of Planning& Community Development RE: ROWLEY STREET DEVELOPMENT TRUST D'Amato Way and Rowley Street Agawam, MA Dear Ms. Dachas: This office represents Rowley Street Development Trust. The Trustees have engaged Paul Smith Land Surveyor to prepare a plan which lays out lots A and B which are proposed for conveyance as directed by the Planning Board. In that regard, please find enclosed the following documents: 1. form A 2. Two (2) original (mylar) and three (3) copies of the SNR plan laying lots A and B which are proposed for conveyance as directed by the Planning Board. �() 6�' 6-9- 3. Trustee check numbered 7315 in the amount of 0 which represents your fee. Would you kindly call my office to advise as to the date and time of the meeting in which the Planning Board will review this matter and if you would care to have someone attend. Of course, if there are any questions or you feel we have overlooked something, please do not hesitate to call. ncerely, � � _+ate, I x.w . Michael D. Parker fy 1j'i MDPledp Enclosures =,N 0 a 2017 ,-;i GUARD SCANNED 8 i�-t�"