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M C P✓� SK—/b C�7 py� / G��t✓1 �ii ✓i� / Zr�F1 _� Town of Agawam '1€ 36 Main Street Agawam, Massachusetts 01001-1801 My Tel. 413-786-0400 Fax 413-786-9927 September 2, 2016 James P. Cichetti, President Joseph Mineo, Vice President George Bitzas, Councilor Cecilia P.Calabrese, Councilor -� Paul C. Cavallo, Councilor Christopher C. Johnson, Councilor Gina M. Letellier, Councilor Donald M. Rheault,Councilor Robert Rossi, Councilor Anthony Suffriti, Councilor Richard Theroux, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on September 1, 2016, the Agawam Planning Board voted 3-0 to send a positive recommendation to the Town Council regarding the proposed zone change on Main Street(Parcels K4 15, K4 16, and K4 1 13). If you have any questions, please contact this office at 786-0400, extension 873 8. Sincerely, Mark R. Paleologopoulos,Chairman AGAWAM PLANNING BOARD MRP:amb cc: Clerk, Solicitor, File, R. Levesque Associates SCANNED io + 1 q` /g0`1 't fZ r 7LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B -- Certificate of Compliance 87-444 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 Donald McLean, Mclean Realty only the tab key Name to move your 197 Main Street cursor-do not Mailing Address use the return key. Agawam MA 01001 Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Allen lawnmower Name August 12, 1999 __ 87-444 Dated DEP File Number 3. The project site is located at: 197 Main Street Agawam Street Address City/Town K14 2/6 _ Assessors Map/Plat Number Pardei/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property owner(if different) County Book Page 15116 (Document#133028) Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: psi ® Complete Certification: It is hereby certified that the work regulated by the: � above-referenced Order of Conditions has been satisfactorily completed. w b rQ� ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completer!_The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpafrm8b.doe•rev,5129A4 WPA Form 8B,Certificate of compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 137-444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP ❑ 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 8-10-17 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:llwww.mass.aov/eea/age ncies/massdeplabout/co ntacts/find-the-massd eD- regional-office-for-your-ci -or-town.html). Signature : D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: ----•-------------•--------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: wpafrm8b.doC-rev 5129/14 WPA Form 86,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 87-444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 197 Main Street 87444 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 dumber which identifies this transaction is: Document Number Signature of Applicant wpafrm8b.Wc•rev SQ9114 WPA Form BB,Certificate of Compliance-Page 3 d 3 3�5 Main Town of Agawam ' 36 Maio Street Agawam, Massachusetts 01001-1801 �-1 Tel. 413-786-0400 Fax 413-786-9927 October 21, 2016 CD 4 Lancer Properties LLC Steven Zicolella 365 Main Street = Agawam, MA 01001 .. w � Dear Mr. Zicolella: At its duly called meeting held on October 20, 2016, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Main Street. Plans drawn by R. Levesque Associates and dated September 10, 2015. Sincerely, AGAWAM PL NNJJXG BQARD AV Gam" .......... Please he advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 01001. To Agawam Planning Board Please be advised that the Form A plan that was filed by Lancer Properties LLC and approved by the Agawam Planning Board for a parcel of land located on Main Street. Plan has been recorded at the Hampden County Registry of Deeds. Book . Page Signature of Applicant SCANNED 10 1-7 3 G 5 ►9ain S-b . 0 20 � N LLB a TOWN OF AGAWAM, MASSACHUSETTS FORM A C. AAnplication for Endorsement of Plan.Not Believed to.Require Approval 3^ FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B C7) —4 October 3 2016 Cn TO THE PLANNING BOARD: w T, The undersigned, believing that the accompanying plan of his property in the Towncof r Agawam does not constitute a subdivision within the meaning of the Subdivision G' Control Law, herewith submits said plan for a determination and endorsement that r Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant Lancer Properties LLC Steven Zicolella Address 365 Main Street Agawam Phone# 413-221 -0266 Fax # 413-567-0516 email Acousti@ao1.com 2. Name of Surveyor Marc E. Shute R. Levesque Associates Inc Address 40 School Street Westfield, MA Phone#413-562-7566 Fax # 568-0986 emailtoma@rlaland.com 3. Deed of Property Recorded in Hampden County Book 15906 Page 197 4. Location of Property 365 Main Street 5. Describe the proposal in this submission: This plan is to revise parcel A, parcel 13-1 and parcel C-1 located on the easterly side of Main Street. ATTACHMENTS- Two originals and three copies of plan by certified land surveyor. Filing Fee-$50.00 plus$20.00 per lot. i Signature of Owner ' y� Address 3�� Af rt t" S" A 4 4c-�4-1 ",-), 0 1001 SCANNED 4L ; � 19 Main 9t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands ' WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L_ c. 131, §40 A. Violation Information Important: When fitting out This Enforcement Order is issued by.- forms on the Agawam _ May 5, 2017 computer, use Conservation Commission(issuing Authority) Date only the tab key to move To: your cursor- do not use the Grillo return key. Name of Violator 1744 Main Street _ °Q Address 1. Location of Violation: Maxcine Cirrillo and Danielle Marie Cirillo Property Owner(if different) 986 Main Street Street Address Agawam _ _ _ _ 01001 City/Town Zip Code K1 118 Assessors Map/Plat Number ParceVLot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Dumping of tree debris in buffer zone of wetland. i.rl Jowl— �r B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act(M_G.L. c_ 131, §40)and its Regulations (310 CMR 10.00), because- 0 the activity has beenlis being conducted in an area subject to protection under c. 131, §40 or the buffer zone without approval from the issuing authority(i.e,, a valid Order of Conditions or Negative Determination). SCANNED 5- 1 fl I wpeform9a.doc-rev,7114104 1 Page 1 of 4 Massachusetts Department of Environmental Protection DFp File Number: Bureau of Resource Protection - Wetlands WPA Form 9 - Enforcement Order ` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) ❑ the activity has beenlis being conducted in an area subject to protection under c. 131, §40 or the buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative Determination of Applicability) issued to: Dated File Number Condition numbers) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Certificate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ 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 any activity affecting the Buffer Zone and/or resource areas_ ❑ Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before pate for the following.- The restoration shall be completed in accordance with the conditions and timetable established by the issuing authori . woeform9a doc rev.711404 Page 2 of 4 i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9 - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: Date for the following: No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls)to prevent further violations of the Act: All debris is to be removed from the buffer zone_ Fence is to be repaired/re-installed. All work is to be completed by May 22, 2017. Y _ Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Henry A. Kozloski Name 786-0 tOO, extension 8737 Phone Number HoumlDays Available - Issued by- Aga am Conservation Commission �T Conservation Commission signatures required on following page. w akwffr9aaoc•rev.71MM4 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File f wTd)er: Bureau of Resource Protection -Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures (cont,) 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 scheduied meeting of the Commission. Signatures: Signature of delivery person or certified mail number wpeformSe doG rev_7114AX Page 4 of 4 LL11Massachusetts Department of Environmental Protection 15�� Mau st'`il� Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Agawam computer,use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Karen Connor same return key. Name Name 40 Woodbridge Drive °Q Mailing Address Mailing Address Agawam MA 01001 CitylTown state Zip Code Cityfrown State Zip Code 1. Title and Date(or Revised lute if applicable)of Final Plans and Other Documents: Conservation Plan, 1514 Main Street, Agawam, MA August 23, 2017 Title Date Title Date Title Date 2. Date Request Filed: August 25, 2017 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): Remodel existing building, paving of the exisitng paved parking lot, and paving of the existing gravel parking lot. Grading and drainage patterns will remain the same as current conditions. Project Location: " , 1514 Main Street Agawam r Street Address Cityfrown K3 1/2 Assessors Map/Plat Number ParceVLot Number wpatorm2_doc•Determination of AWIkcability•rev 12114 SCANNED 1 ZZ r pelof5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability I 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) or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD) 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 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•Determination of Applicability•rev.12114 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.) ❑ 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 Jg by certified mail, return receipt requested on 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 http://www.mass-gov/eealaciencies/massdepL bout/contacts/find4he-massdei)-re-gional-office-for-you dity-or-town.html)and the property owner(if different from the applicant). Signatures: �~ September 14,2017 Date wpaform2.doc•Determination of Applicability•rev.12/14 Page 4 of 5 r J f TWA 5t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i ` 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 Ag swam computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Sheri Nutbrown/Glenn Madison return key. Name Name 1810 Main Street y� Mailing Address Mailing Address Agawam MA 01001 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Town of Agawam GIS Parcel Map- 1810 Main Street 3/18/2016 Title Date Title Date Title Date 2. Date Request Filed: April 4, 2016 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): Addition of pole barn style building to existing garage. Project Lo:Street t n: 1810 Main Agawam Street Addres Citylrown _ 112 Assessors Map/Plat Number Parcel/Lot Number wp9f0rm2.doc De[erminabon of Applicability.rev.12114 SCANNED U 'd Page T of 5 I Massachusetts Department of Environmental Protection `� -- Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G,L. c, 131, §40 B. Determination (cunt.) The following Determinations) 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) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1 The area described on the referenced plans)is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the fling of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced p#an(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and documents) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and documents) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5, The area and/or work described on referenced plan(s) and documents) 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 tloc•Determination of Applicability•rev.12114 Page 2 cf 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. wpaform2_doc•Determination of Applicability•rev.12/14 Page 3 of 5 lulu main T.0 . Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 -- Extension Permit for Orders of Conditions $7-0601 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Importarrt: When filling out 1. Applicant: forms on the Debra Desmond computer,use Name only the tab key to move 13 Lakeside Drive your cursor- Mailing Address do not use the Tolland MA 01034 return --key. City/Town State Zip Code �Im I I 2. Property Owner(if different): �—v same Name Mailing Address co town State Zip Code B. Authorization The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: 9/17/2014 Issued by: Agawam Date Conservation Commission for work at: 1444 Main Street K4 5/5/, 5/6, & 5/13 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: 9/17/20 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 htt :/Jwww.mass. ovleea/a n ies/massde /abouticontactstfind-the-massde r ional-off for- our-c' -w- town_ I . S Augusa, 2017 Signatures: Date a. x— wpafarm7.doc-rev-5l2912014 SCANNED44� 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 87-0601 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. Nate: 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: 1444 Main Street 87-0601 Prod Location DEP File Number has been recorded at the Registry of Deeds of: Hampden County _ for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaformTdoc•rsv 512WM14 Page 2 of 2 Zone Change— 186 Maple Street pF AGQ Town of Agawam j, .-+ • /1 T 36 Main Street Agawam, Massachusetts 01001-1801 IN Tel. 413-786-0400 Fax 413-786-9927 ATED tl`?�^• TO: AGAWAM PLANNING BOARD FROM: OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change-186 Maple Street(Residence A-2 to Residence B) DATE: August 2, 2016 On June 30, 2016, the Town received a request for a zone change for 186 Maple Street, which is currently zoned Residence A-2. The Applicant and Owner—Tirone Development Group— requests that the parcel be rezoned to Residence B. The square footage of 186 Maple Street seems to be unsettled. The Applicant's current submitted plan indicates that the parcel is 11,971.97 square feet (0.27 acres). The Applicant previously submitted a zone change request and accompanying plan for this same parcel in 2010. That plan indicated that the parcel is 11,986 square feet. Yet the town's online GIS map shows total area at 10,890 square feet. The parcel has 100 feet of frontage on Maple Street and 120 feet on Spencer Street. The Planning Office has reviewed this proposal and submits this report for your information. Also attached is a copy of the plan submitted by the applicant showing the proposed zoning map change, a copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information. Land Use and Zoning As stated above, 186 Maple Street is currently zoned Residence A-2. A copy of the zoning map for this area has been attached. Under the Residence A-2 district, the following uses are allowed (sec. 180-23 of the Zoning Ordinance—attached).- A, Any use permitted in a Residence A-1 district. 1 , | w � ! / §; [ | � � ,• � w � z , # / Z $ ! Z Z / ~^ - HIM Z « � g/\ . # ©. � ^` - - g! \ 8J +20t& UrOjcial Properly Recerd Card Unofficial Property Record Card - Agawam, MA General Property Data Parcel ID 115 5 4 Account Number Prior Parcel ID 4290-- Property Owner TIRONE DEVELOPMENT CARP Property Location 186 MAPLE ST Property Use LAND Mailing Address 36 CANTERBURY LN Most Recent Sale Date W2012006 Legal Reference 15768-546 City FEEDING HILLS Grantor LBTELLIER ROSE R, Mailing State MA Zip 01030 Sale Price 85,000 ParcelZoning RA2 Land Area 0.250 acres Current Property Assessment Card 1 Value Building Value 0 Xtra Features 0 Land Value 71,600 Total Value 71,600 Value Building Description Building Style NIA Foundation Type NIA Flooring Type NIA #of Living Units NIA Frame Type NIA Basement Floor NIA Year Built NIA Roof Structure NIA Meeting Type NIA Building Grade NIA Roof Cover NIA Heating Fuel NIA Building Condition NIA Siding NIA Air Conditioning 0% Finished Area(SF)NIA Interior Walls NIA #of Bsmt Garages 0 Number Roams 0 #of Bedrooms 0 #of Full Baths 0 #of 314 Baths 0 #of 1I2 Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.250 acres of land mainly classified as LAND with a(n)NIA style building,built about WA,having NIA exterior and NIA roof cover,with WA unit(sL U room{sh 0 bedroom s),0 bath{,0 half bath(s). Property Images Disclaimer.This information is believed to be correct but is subject to change and is not warranteed. http:llagawam,patriotproperties.corn/RerordCard.asp 1!1 ' Bu:messA J Busines A vr • ,f f din • - -. .01 rBuslneasA'� _ �-�fLr r V� � y ResTc nce B cc A-2 Raci e�ce rty. a f �r iS w Rr�.lr ce , don r +' Resi 's i Residence 6 R�iiden ceA- , I � 2` ti y &isiness5 • Bus,ne: A Re•.i den ce B ' Residence B ! I ` - Busine•r R Buahe35 B f 1 Wn ndustr,yA. Business r BusinescA Res]dame B Buslne�s . / L R4L,dr,n[C 91• t _ The information depicted on this map is for F a planning purposes only. It is not adequate for legal boundary definition. regulatory �•'�,'� interpretation, or parcel-level analyses. 1:3576 °gyp rTID 6/30/2016 2.52.28 PM 1„_298, i G }-- U) m 0 a N / F Anthony Grosso *- W �m � N40'58'52"E 10 U < Z e 3: T LLJ o U {17 z a qt p - N40-34'00"E M A P L E S T R E E T Sutton Place LLC Res 8 Zoning Present Zoning Res AZ Proposed Zoning Res B PLAN OF PROPERTY FOR Tyrone Development Corp . ��L«{ OF Aw4ss Spencer Street o� RoRkILD q0e- Agawam , IAA N ANDERSON ASSOCIATES No. 31785 375' WALNUT STREET EXT, 0 ``CISIOI� P,O. BOX 382 lq � SURD y AGAWAM, MA 01001 Lana Surveyor Land Punning Consutto n SCALE: 1 " = 80' DATE: Sept., 2010 Agawam Planning Board October 21, 2010 Page 2 Valerie Douglas, Federal Street asked if the Homeowners Association would address the maintenance of the sidewalk on Federal Street on land owned by Tirone. She stated that during the winter it is difficult for children to go up and down the hill as the Town uses a tractor to plow it and it leaves compacted snow. Mr. Levesque stated that there is a portion of that sidewalk that will be the responsibility of one of the new lot owners as the backyard to it reaches Federal Street. He stated that portion of the sidewalk could be included in the Homeowners Association documents to be maintained. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to continue the public hearing for the Definitive Plan of Mariella Place to November 4,2010. VOTE 3-0 2. PUBLIC HEARING—Zone Change—Spencer/Maple Streets—Tirone Dev. Corp. Rob Levesque presented this zone change request on behalf of Tirone Development Corp. for a 11,968 sf lot located at the corner of Maple and Spencer Streets. He explained that this property is currently zoned Residence A-2 and they are seeking a change to Residence B to allow for a duplex to be built with a driveway off of Spencer Street. Mr. Morassi asked for any public input. Paula Burke, 13 Orchard Street asked if the address for this parcel would change to Spencer Street; the number of units and garages. Mr. Levesque stated the address would be Spencer Street; two units and with attached garages and one driveway on Spencer Street. Anthony Grasso, 14 Spencer Street asked if these would be high end duplexes. Mr. Tirone stated that his son will live in one and one will be rented. The sizes will be 1,000 sf and 1,200 sf and the building will look like a single family. Mr. Grasso expressed concern over the affect on the neighborhood if this zone change were granted as this lot has always contained a single family residence. He stated that he is against the zone change as it will change the make-up of the neighborhood and set a precedent. He feels a single family property owner tends to take more pride in their property. Bob Burke, 13 Orchard Street questioned what affect this zone change would have on the value of surrounding properties. Letters of opposition to this zone change request from Joann Hogen, 22 Spencer Street and Sofiya Polovo of 11 Spencer Street were read at the meeting and are included in the public record. Mr. Paleologopoulos stated that the Board received a memo from the Safety Officer outlining his concerns with pedestrian, bicycle, and/or motor vehicle safety with the creation of a two family home and two driveways. He mentioned the Planning Department's report and the building inspector's verbal comment that this would be spot zoning. Agawam Planning Board November 4, 2010 Page 2 zone change would constitute "spot zoning", and abutters to the property all spoke in opposition to this request and raised concerns over the effect of a duplex in a single- family neighborhood would have on their property values, marketability and character of the neighborhood. VOTE 5-0 2. PUBLIC HEARING CONT. —Definitive Plan—Mariella PIace— Federal Street—Tirone Development Corp. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to continue the public hearing for the Mariella Place Definitive Plan on Federal Street to the next meeting as requested by the applicant's representative. VOTE 5-0 3. FORM A--Suffield/Adams Street—Chriscola This plan shows the creation of a lot from a larger piece of land with frontage on Adams Street and Suffield Street. Motion was made by Mr. Chase and seconded by Mr. Morassi to approve the plan for Chriscola on Adams/Suffield Street under "Subdivision Control Law Not Required". VOTE 5-0 Motion was made by Ms. Baldwin and seconded by Mr. Chase to amend the order of the agenda. VOTE 5-0 4. APPROVAL OF MINUTES--October 21, 2010 Motion was made by Mr. Morassi and seconded by Mr. Chase to approve the minutes of October21, 2010 as written. VOTE 3-0-2(Baldwin & Ward abstained) 5. Correspondences The Board received a memo from the Law Department in response to their questions regarding the North Street Ext. Form A. The memo from the Town Solicitor discusses the procedure for discontinuing a paper street. Mr. Morassi stated that he felt the members did a good job in pulling their questions together for the Town Solicitor and commended them on handling the matter which presented them with"tough questions" from the applicant's attorney, Pamela Kerr From: Marc Strange Sent: Tuesday, July 26, 2016 2:32 PM To: Mark Paleologopoulos;Violet Baidwin; Nick Pandolfi; David Chase; mariot@alliedflooringandpaint.com Cc: Pamela Kerr Subject: FW: 186 Maple St FYI. From: Sakowicz, Nicole Finai Ito:nsakowicz@americanrenal.com] Sent: Tuesday, July 26, 2016 12:52 PM To: Marc Strange Subject: RE: 186 Maple St Marc, Thank you for the prompt response and clarifying the process. I would like to know if the meeting on August 0 is only for direct abutters who are within 500 ft of the property or can other town of Agawam residents attend and speak at the meeting. I know that there are other residents on my street who are not in favor of this zoning change, but are not within 500 ft. Nicole From: Marc Strange fmailto:MStranae@aaawam.ma.us] Sent: Tuesday, July 26, 2016 10:51 AM To: Sakowicz, Nicole Subject: RE: 186 Maple St Hi Nicole, Thank you for your note. Maybe I can clear up the process a little bit for you. We are not "trying to permit" anything. Any property owner has the right to propose a zone change but there must be a public hearing in front the Planning Board where abutters have an opportunity to voice their concerns about the proposed change.As an abutter, you received notification of the proposed zone change and are encouraged to attend the Planning Board meeting to be heard, if the Planning Board recommends approval of the zone change,there is another public hearing in front of the City Council where abutters would have another opportunity to be heard before they made their final vote on whether to approve the change. Best, Marc From: Sakowicz, Nicole [mailto:nsakowiczC&americanrenal.com] Sent: Tuesday, July 26, 2016 9.24 AM To: Marc Strange Subject: 186 Maple St Dear Marc—I am writing in response to a letter that was mailed out by Mark Qaleologopoulos. I previously sent a message to the board about the property at 186 Maple Street which is going to be discussed at the upcoming August 4cn planning board meeting, but have not heard a response. First of all I am a resident who lives on Spencer St and received a letter because we live within 500 ft of lot at 186 maple st. The letter is very ambiguous; it states that there is a proposed zoning change from RA-2 to a RB. There is no explanation in the letter as to what this change means, which in my 1 ti opinion is not acceptable. There should be an explanation of what these zoning codes mean and what will possibly occur if the change is approved. There are many older residents on the street that may not fully understand nor have the means to research what this change means. Thankfully I have the means to research and figure out that you are trying to permit a multifamily rental property to be built in a neighborhood of single family homes. After researching things a little more I came across a Town of Agawam zoning restriction Chapter 180-Zoning-Article Vl. Residence B Districts. Under 180-35 Lot size it specifically states: "no lot shall have a frontage of less than 100 feet on a street or an area less than 12,000 square feet" Looking at the town of Agawam Patriot properties assessment it indicated that the property at 186 Maple Street is 0.250 acres which equals 10,890 square feet. Clearly the lot is too small and does not meet the restrictions for a two family home. Is this correct? If so, why is this change even being proposed? Obviously the town has these zoning restrictions for the residents of the town to comply with. If I am expected to abide by the zoning restrictions for the town then so should Tirone Development. Please get back to me at your earliest convenience. Nicole Sakowicz 2 Pamela Kerr From: mpaleo@comcast.net Sent: Friday, July 29, 2016 11:55 AM To: Erik Wight Cc: Marc Strange; Pamela Kerr Subject: 186 Maple Street Erik, at the next Agawam Planning Board meeting we are reviewing a zone change request for 186 Maple St. This parcel was involved in a similar request a couple of years ago. Could you review the zone change request and give feedback on whether this lot conforms under Residence B in terms of lot size and frontage? Specifically: § 180-35 Lot size, No lot shall have a frontage of less than 100 feet on a street or an area less than 12,000 square feet. If you could get back to me before our 8/412016 meeting, I would appreciate it. Mark Paleologopoulos Chairman, Agawam Planning Board i Pamela Kerr From: Marc Strange Sent: Friday, July 29, 2016 1:57 PM To: Paleologopoulos, Mark; mpaleo@comcast.net; David Chase; Nick Pandolfl; mariot@alliedflooringandpaint.com; Violet Baldwin Cc: Pamela Kerr Subject: FW; Rezoning Property known as 186 Maple Street FYI From: diwheels@verizon,net [mai Ito:djw heels(&verizon.net] Sent: Friday, July 29, 2016 1:49 PM To: Marc Strange Subject: Rezoning Property known as 186 Maple Street Subject:Oppose Zone Change Request for Propertyknown as 186 Maple Street DearPlanning Board Members_ Iam a resident of 74 Spencer Street for 30 years and oppose the request of Tirone Development Corp to change theProperty known as 186 Maple Street from its currently zoned Residence A-2 toResidence B. I am against this changefor the following reasons: Firstand foremost, Spencer Street is strictly a one-family home owner neighborhoodand as such should remain that way, for the rezoning would allow for two-familyrental dwellings. Second,the Property known as 186 Maple Street is too small to support a two familydwelling, for it is 10,890 sq. ft. in size. It does not meet the minimum lot size requirement of 12,000 sq. ft. forResident B zoning; see Chapter 180: Zoning, Article VI Residence B Districts180-35 Lot Size. But most of all it willcreate both a parking problem and traffic hazard since most families today havemore than one car. For two families,there will most likely be 3 or even 4 cars parked at the corner of Maple andspilling over onto Spencer Street. Carsparked at the beginning of Spencer creates a traffic hazard because mostresidence access Spencer Street by turning from Maple onto Spencer. Finatly,Tirone submitted this same rezoning request in 2010 and it was rejected. I do not understand why we as residences ofSpencer Street have to again revisit this same issue for the board has alreadyheard from the residences of Spencer Street. Pleasesubmit this letter as part of upcoming August 4ch meeting. Sincerely, DennisA. Marchetto i Mr. Dennis A. Marchetto 74 Spencer Street Agawam, MA 01001 July 29, 2016 Town of Agawam Planning Board 36 Main Street Agawam,MA 0 100 1 Subject: Oppose Zone Change Request for Property known as 186 Maple Street Dear Planning Board Members: I am a resident of 74 Spencer Street for 30 years and oppose the request of Tirone Development Corp to change the Property known as 186 Maple Street from its currently zoned Residence A-2 to Residence B. I am against this change for the following reasons: First and foremost, Spencer Street is strictly a one-family home owner neighborhood and as such should remain that way, for the rezoning would allow for two-family rental dwellings. Second,the Property known as 186 Maple Street is too small to support a two family dwelling, for it is 10,890 sq. ft. in size. It does not meet the minimum lot size requirement of 12,000 sq. ft. for Resident B zoning; see Chapter 180: Zoning,Article VI Residence B Districts 180-35 Lot Size. But most of all it will create both a parking problem and traffic hazard since most families today have more than one car. For two families,there will most likely be 3 or even 4 cars parked at the corner of Maple and spilling over onto Spencer Street. Cars parked at the beginning of Spencer creates a traffic hazard because most residence access Spencer Street by turning from Maple onto Spencer. Finally, Tirone submitted this same rezoning request in 2010 and it was rejected. I do not understand why we as residences of Spencer Street have to again revisit this same issue for the board has already heard from the residences of Spencer Street. Please submit this letter as part of upcoming August 4t'meeting. Sincerely, ennis A. Marc etto RECEIVED AUG 01 2016 AGAWAM PLANNING BOARD Pamela Kerr From: Marc Strange Sent: Monday, August 01, 2016 9:13 AM To: mariot@alliedflooringandpaint.com; mpaleo@comcast.net; Paleologopoulos, Mark; Violet Baldwin; Nick Pandolfi; David Chase Cc: Pamela Kerr Subject: FW:Zoning change at 186 maple street -----Original Message----- From: Dottie Schmaelzle [mailto:dottieschmaelzle mail.com] Sent: Saturday,July 30, 2016 2:22 PM To: Marc Strange Subject:Zoning change at 186 maple street Sent from my iPad. We live at 200 maple street and we are opposed to the zone change at 186 maple street. Thank you Denis Haffler and Dorothy Schmaelzle f pF AG,q Town of Agawam +rid 36 Main Street Agawam, Massachusetts 01001-1801 ATED M�-l^ Tcl. 413-786-0400 Fax 413-786-9927 July 19, 2016 Dear Abutter: Tirone Development Corp. has submitted to the Town a zone change request for property known as 186 Maple Street. The property is currently zoned ResidenceA-2. The request is to rezone the property Residence B. The Assessor's Office lists you as an abutter(within 500') and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, August 4, 2016 at 6:30 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRP:prk XI&�G � i FA Town of Agawam '1� h 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 July 19, 2016 Dear Abutter. Tirone Development Corp. has submitted to the Town a zone change request for property known as 186 Maple Street. The property is currently zoned ResidenceA-2. The request is to rezone the property Residence B. The Assessor's Office lists you as an, abutter(within 500') and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, August 4, 2016 at 6:30 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRP:prk Pamela Kerr From: Marc Strange Sent: Thursday, August 04, 2016 9:21 AM To: mariot@alliedflooringandpaint.com; mpaleo@comcast.net; Paleologopoulos, Mark; Nick Pandolfi; Violet Baldwin, David Chase Cc: Pamela Kerr Subject: FW: Planning Board Meeting FYI -----Original Message----- From: Katie Ferguson [mailto:katieferg@comcast.net) Sent: Wednesday, August 3, 2016 5:34 PM To: Marc Strange Subject: Planning Board Meeting Good afternoon Mr.Strange. I am writing in regards to the meeting being held tomorrow and would like this e-mail to be included as part of this meeting. My boyfriend and I live at 15 Spencer Street and have been in this house for almost S years. I spent 13 years of my life living at 11 Spencer Street. One of the reasons I wanted to purchase my own home in this neighborhood was because of the friendly, family feel it had. I spent all of my previous years in the neighborhood as an Agawam public school student. I enjoyed walking to Robinson Park Elementary and the middle school. I was ecstatic when we were approved to purchase our first home and our offer was accepted for this neighborhood. While I am not excited about how long there has been an empty lot at the end of our street, I absolutely do not want a duplex in that spot.We like our established neighbors and don't want renters coming in and out of the neighborhood. Home owners take pride in their homes and watch out for their neighbors. Renters aren't the same. Since this lot doesn't even meet the requirements forthis zoning change, I don't know why this topic is even trying to be pushed through. The obvious answer is no.This issue keeps coming up and we hope after this vote it will be quashed for good. I am sad enough driving around a town I am a life long resident of and seeing duplexes going up in every open space. I want to at least keep my neighborhood a desirable one to live in. For us, for our neighbors, and for the future homebuyers. Thank you for your time. Katie Ferguson &Steve Keane 15 Spencer Street 1 Mark Dr- Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: L11 WPA Form 8B — Certificate of Compliance 87-0578 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 Richard Langone, Langone Realty Corp. only the tab key Name to move your 108 Front Street cursor-do not use the return Mailing Address key. West Springfield MA 01089 City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Richard Langone, Langone Realty '�81D !Name 7-14-11 87-0578 Dated DEP File Number 3. The project site is located at: Lot 613 Mark Drive Agawam Street Address C ity/Town K3 1/26 _ Assessors Map/Plat Number Parcelli-ot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Hampden 7472 58321 County Book PageQ, Certificate 4. A site inspection was made in the presence of the applicant, or the applicant' gent, on: Date� --- - c r r� B. Certification a ao Check all that apply: © ® Complete Certification: It is hereby certified that the work regulated by the f v above-referenced Order of Conditions has been satisfactorily completed. Z Z Q U�—" El 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: wpafrm86.doc-rev.512914 WPA Form 8B,Certificate of Compliance•Page 1 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-0578 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided L11 by DEP ❑ 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 a�_wam _ 6-23-16 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/eea/agencies/massdep/about/contacts/fin_d_-the-massdep- regional-office-for-your-city-or-town.html). Signatures: I D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To. -------------------------------------------------------------------------------------_-_----------- A awam Conservation Commission Please be advised that the Certificate of Compliance for the project at: upafrm8b.doc•rev.5IM14 WPA Form 8B,Certificate of Compliance•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 8B -• Certificate of Compliance 87-0578 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Lot 613 Mark Drive 87-0578 Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 wpafrmBb Mc-rev.5129/14 WPA Form 6B.Certfl0ate of Compliance•Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 87-0566 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP ❑ 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 6-23-16 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:/Iwww.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep- regional-office-for-your-cit --or-town.html). Signatures: D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To:-----------------------------------------------------------------------------------------•---------- _Agawam Conservation Commission Please be advised that the Certificate of Compliance for the project at: wpafrm8b.doc•rev.5129114 VJPA Form 8$,Certificate of Compliance•Page 2 cf 3 f L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 87.0566 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP Lot 8 Mark Drive 87-0566 Project Location DEP File Number Has been recorded at the Registry of Deeds of: 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 wpaffm8b,doc rev.W9f14 WPA Form 8B,Cerfifleal9 of Compliance•Page 3 of 3 -Allow Sf W a i e TOWN OF AGAWAM, MASSACHUSETTS FORM.A.- Aaplf cation for Endorsement of Plan Not Believed to Require AApproval. FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B . November 8.z0)7 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 determination and endorsement that Planning Board c pproval under the Subdivision Control Law is not required. V) nl. Nlalne Of AppliCant Aleksandr Radionov : — Adcli'es3 687 River Road,Agawam.MA _. .` 'r -636-2778 email sergey(a�pioneervalleyinteriors.comPI0iE# 413 'i i t2. Name of Surveyor Marc Shute R Levesque Associates Inc- Address 40 School Street,Westfield,MA 01085 Phone# 413-568-0985 Fax M 413-568-0986 CMail ,tom@Orlalad.com 3. Deed of Property Recorded in_Hampden County Book 21577 Page 596 4. Location of Property 241 &245 Meadow Street,Agawam .5. Describe the proposal in this submission: Revision of Lot 3A and 313 on previously approved Form A plan. ATTACHMRNTS-Two originals and three copies of plant by certified laud . - surveyor. Filing Fee-$50.00 plus$20.00 per lot. f Signature of Owner _ Address +��74lee 4S e.4e�5 .01D01 R1"'V LE.LD NOV 2017 AuAVIVAM PLANNING BOARD SCANNED 01 r�. Mea cv S�. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 {^ Tel. 413-786-0400 Fax 413-786-9927 November 16,2017 17 Aleksandr Radionov 687 River Road Agawam, MA 01001 > Dear Mr. Radionov: At its duly called meeting held on November 16, 2017, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Meadow Street. Plans drawn by R. Levesque Associates and dated 11-08-2017. Sincerely, AGAWAM PLA 5tB Please be advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 01001_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. To Agawam Planning Board Please be advised that the Form A plan that was filed by Radionov and approved by the Agawam Planning Board for a parcel of land located on Meadow Street. Plan has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant SCANNED 2 11 It +-7 ` M . ' Town of Agawam v Zoning Board of Appeals ` 36 Main Street, Agawam, Massachusetts 01001-1801 Tel. 413.726.9739 Fax 413-786.9927 Petition of: Aleksandr Radionov Premises Affected: 241 and 245 Meadow Street Date: July 10, 2017 Case #: 1967 The Agawam Zoning Board of Appeals conducted a public hearing on June 26, 2017 at the Agawam Public Library Children's Room and a public hearing and meeting on July 10, 2017 at the Agawam Public Works and Municipal Annex (DPW) Conference Room for all parties interested in the appeal of Aleksandr Radionov, who is seeking a Special Permit in accordance with Chapter 180-23 of the Town of Agawam's Zoning Ordinances, which would allow for the creation of a 2-family attached dwelling at the premises identified as 241 and 245 Meadow Street. After the public hearings 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 a Residential A-2 zoning district. 2. Currently, there are two existing residential dwellings on the subject property. 3. Residential A-2 zoning district (for residential purposes) only allows a "one-family dwelling for one housekeeping unit only". 4. Residential A-2 zoning district also allows for a "one family detached dwelling for one housekeeping unit only...to be altered and improved and facilities added for a second housekeeping unit" subject to certain requirements. 5. The original two one-family dwellings located on the single lot were erected and used prior to the creation of the Agawam Zoning Ordinances; thus the reason for the nonconformity. 6. The petitioner purchased the property known as 241 and 245 Meadow Street in February of this year. At time of purchase, the property had two hundred twenty (220) feet of frontage and an area of approximately eighty-five thousand (85,000) square feet with two residential dwellings. 7. The petitioner submitted and received approval for an ANR plan from the Agawam Planning Board on May 4, 2017 regarding the 241 and 245 Meadow Street property. The approved ANR plan shows two newly created parcels, entitled Parcel 3A and Parcel 3B, with each parcel showing a frontage of one hundred and ten (110) feet. Parcel 3A, the subject of this petition, still contains the two residential dwellings, but shows an area of 22,846 square feet. Parcel 3B has an area of 1.47 acres. 8. The petitioner received a Building Permit for Parcel 3B to construct a single family dwelling on June 13, 2017. d 1 7C, , mY # 0 �� SCANNED t DECISION (p.2) Alcksandr Radionov Case # 1967 9. The new plan, approved as an ANR Plan, shows a substantial increase in the previously existing nonconformity, in respects to Parcel 3A. 10. The petitioner's request to connect two separate residential dwellings to create a duplex, as specified in the application, is also not an allowed use in a Residential A-2 zoning district. 11. It is the unanimous opinion of the three members that the petitioner's actions of subdividing the original single lot purchased in February, 2017 has substantially increased the nonconformity that already existed. 12. It is the unanimous opinion of the three Board members that the petitioner is in violation of MGL, Chapter 40A, Section b. 13_ The Board members unanimously agree that the petitioner's subdivision of the original single lot he purchased was done in a manner that the Zoning Board of Appeals would not have allowed had it been consulted. 14. The Board members unanimously agree that the petitioner's request to combine the two existing dwellings located on Parcel 3A is not allowed under the current zoning requirements. Parcel 3A must come into conformance with the current zoning regulations for a Residential A-2 zoning district. Therefore, by a unanimous vote of its three members, the Agawam Zoning Board of Appeals votes to deny the petitioner the request to create a two family attached dwelling on the premises identified as 241 and 245 Meadow Street. This decision is subject to appeal in accordance with M.G.L. Chapter 40A, Section 17 within twenty (20) days after this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision 1 r Town of Agawam !; 01% Zoning Board of Appeals 36 Main Street, .Agawam, Massachusetts 01001-1801 �. Tel. 413.726.9739 Fax 413-786.9927 Signatory Page of Decision Case #: 1967 Date: July 10, 2017 Applicant: Aleksandr Radionov Address: 241 & 245 Meadow Street By a unanimous vote of its three members, the Agawam Zoning Board of Appeals hereby denies the petitioner a Special Permit The conclusion and findings are set forth in the attached written decision. Doreen Prouty Gary Suffriti RichardAaggi Gary Geiger(Alternate) Aldo Mancini (Alternate) Town of Agawa m Inspection Services Department w /k1 Building Inspection Code Enforcement 1000 Suffield Street,Agawam,MA 01001 Telephone- (413)821-0632 Fax(413)821-0637 Erik Wight Gary Turnbull Inspector of Buildings Electrical Inspector Michael Day Michael Theroua Plumbing inspector Sealer of Weights&Measures Cross Connection Tester Enforcement Officer DATE: TO: BOARD OF APPEALS FROM: Erik Wight, Inspector of Buildings RE: SPECIAL PERMUL VARIANCE: The above referenced property is applying to the Board of Appeals. The Sec 'on of the Agawam Zoning by-Laws, which they are seeking relief from is Section: UnQV Paragraph. lam" F B k 21577 PAY 596 T9728 02-24--2017 a 1 1 =26c, KNOW ALL MEl!BY THESE PRESENTS,that WE,JOSEPH D.VALENTI and DONNA M. VALENTI of 1138 Main Street,Agawam, Massachusetts,being married, For consideration paid and in full consideration of THREE HUNDRED SIXTY THOUSAND and 00/100($360,000.00)DOLLARS grant to.A.LEK~SANDR V. RADIONOV and VEKATERINA K•RADIONOVA,Husband and. Wife as Tenants by the Entirety of 687 River Road,Agawam,Massachusetts with QUITCLAIM COVENANTS The address of Parcel I is#241 and #245 Meadow Street A swam MA Parcel I Certain real estate situated in AGAWAM, Hampden County, Massachusetts, being known and designated as Lot 3 as shown on a Plan of Land entitled "Division of Property, Agawam., Massachusetts for Joseph D. Valenti and Donna M. Valenti" dated 2-10-201.1 REV 2/28/2011 by D.L. Bean, Inc. which plan is recorded in Hampden County Registry of Deeds in Book of flans 362, Page 14 to which plan reference is hereby made for a more particular description. Said parcel containing 1.99 acres,more or less. Being a part of the premises conveyed to the Grantors herein by deed Robert B. Toriani, Jr. dated September 17, 2007 and recorded at Book 16928, Page 241 in the Hampden County Registry of Deeds. The address of Parcel II is Parcel A Meadow Street A swam MA PARCEL II Certain zeal estate situated in AGAWAM, Hampden County, Massachusetts, being known and designated as Parcel A as shown on a Plan of Land entitled "Division of Property, Agawam, Massachusetts for Joseph D. Valenti and Donna M. Valenti" dated 2-10-2011 REV 2/28/2011 by D.L. Bean, Inc. which plaza is recorded in Hampden County Registry of Deeds in Book of Plans 362, Page 14 to which plan reference is hereby made for a more particular description. Parcel II is subject to the restriction that in consideration of this transfer of Parcel A to the Grantee, the Grantee, and/or his successors and assigns shall not create a new road under the Commonwealth of Massachusetts Subdivision Control Law Chapter 41. to be used to create any additional building lots. Being the same premises conveyed to the Grantors herein by deed of Mark C. Modzeleski dated September 22,2011 and recorded at Book 18925, Page 25 in the Hampden County Registry of Deeds. MASSACKJSETTS STATE EXCISE TAX HAMPDEN COUNTY REGISTRY OF DEEDS Date: 02-24-2017 a 11=26am Ctl:: 123 Dept: 9728 Fee: $IP641.60 Cons: $360000.00 Bk 21577 Pg597 #9728 Witness our hands and seals this 22°d day of February,2017. D.VALENTI 4 1.dlraaZz DONNA K VALENTI COMMI<ONA'WEALTH OF MASSACHUSETTS Hampden,ss On this 221d day of February,2017 before me,the undersigned Notary Public,personally appeared Joseph D.Valenti and Donna M.Valenti and proved to me through satisfactory evidence of identification,which were Massachusetts Drivers Licenses to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. Maaianne Stoko Notary Public My Commission Expires:0712l M17 MARLON R.ST019OMI NOTARY PUBLIC CMMCNNMTHOFMAM CIpOEM Miy GW=ftP"j*tl,84t7 DONAW E. ASHE, REGISM HAMpDEN COUNTY REGOW OF DWS Aleksandr Radionov 241 and 245 Meadow St Agawam,MA 01001 Dear Neighbor am writing from 241 and 245 Meadow Street to introduce myself and let you know than 1 am planning some brief work on these houses. I bought this land early this year and I am trying to get a special permit to convert these two houses into a two family house. One house is a two family house and the other is a one family house. I am trying to join them together to make it into a two family house and make it better. I hope that this project will not bother or inconvenience you in any way.As of right now I am not sure when this will start and how long it will take because 1 will have to wait for all the documents for the permit to go through.I am hoping it wont take long. 1 hope you don't hesitate to reach out to me if you have any concerns or questions about these plans.You can reach me by my email at alnar1117@yaho9.com. Sincerely Aleksandr Radionov Name: f lid �,� -,A Signature: f �r f/j r Aleksandr Radionov 241 and 245 Meadow St Agawam, MA 01001 Dear Neighbor I am writing from 241 and 245 Meadow Street to introduce myself and let you know that I am planning some brief work on these houses. I bought this land early this year and I am trying to get a special permit to convert these two houses into a two family house. One house is a two family house and the other is a one family house. I am trying to join them together to make it into a two family house and make it better. I hope that this project will not bother or inconvenience you in any way.As of right now I am not sure when this will start and how long it will take because I will have to wait for all the documents for the permit to go through. I am hoping it wont take long. I hope you don't hesitate to reach out to me if you have any concerns or questions about these plans.You can reach me by my email at alinar11170 ahoo.com. Sincerely Aleksandr Radionov Name: Signature: Aleksandr Radionov 241 and 245 Meadow St Agawam,MA 01001 Dear Neighbor I am writing from 241 and 245 Meadow Street to introduce myself and let you know that I am planning some brief work on these houses. I bought this land early this year and I am trying to get a special permit to convert these two houses into a two family house. One house is a two family house and the other is a one family house. I am trying to join them together to make it into a two family house and make it better. I hope that this project will not bother or inconvenience you in any way.As of right now I am not sure when this will start and how long it will take because I will have to wait for all the documents for the permit to go through. I am hoping it wont take long. I hope you don't hesitate to reach out to me if you have any concerns or questions about these plans.You can reach me by my email at alinar1117 ahoo.com. Sincerely Aleksandr Radionov Signature: Address: 4 27117 Aleksandr Radionov 241 and 245 Meadow St Agawam, MA 01001 Dear Neighbor 1 am writing from 241 and 245 Meadow Street to introduce myself and let you know that I am planning some brief work on these houses. I bought this land early this year and I am trying to get a special permit to convert these two houses into a two family house. One house is a two family house and the other is a one family house. I am trying to join them together to make it into a two family house and make it better. I hope that this project will not bother or inconvenience you in any way.As of right now I am not sure when this will start and how long it will take because I will have to wait for all the documents for the permit to go through. I am hoping it wont take long. I hope you don't hesitate to reach out to me if you have any concerns or questions about these plans.You can reach me by my email at alinar1117@yahoo.com. Sincerely Aleksandr Radionov (-/u Name: J PJ,5[-- Signature:< Aleksandr Radionov 241 and 245 Meadow St Agawam, MA 01001 Dear Neighbor I am writing from 241 and 245 Meadow Street to introduce myself and let you know that I am planning some brief work on these houses. I bought this land early this year and I am trying to get a special permit to convert these two houses into a two family house. One house is a two family house and the other is a one family house. I am trying to join them together to make it into a two family house and make it better. I hope that this project will not bother or inconvenience you in any way.As of right now I am not sure when this will start and how'long it will take because I will have to wait for all the documents for the permit to go through. I am hoping it wont take long. I hope you don't hesitate to reach out to me if you have any concerns or questions about these plans.You can reach me by my email at alinarI1170yahoo.com. Sincerely Aleksandr Radionov Name; A qr/f M e Z el Yltt , i Signature: ' 6 3 JI 141 ,49q �vall) Nq . 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'.:."��-�- k;-x• fir..hi: v+Y3n,Ya x �'T - �. :.-�� "'r "_ .' ... - - _ - : - _ .. - �3�" r`"4 �sx _ p.11. �J', �;- ,"cTys ..Y:.-' :9 i.� �-.' ,. ..•/:u� .-_��_2`,,p �...ywy..yY t' w w y y ■ ► ■ 1 w a w , ■ *r TOWN OFAGAWAM 36 MAIN STREET AGAWAM, MA 01001 ak BOARD OF APPEALS 4 E ' March 31, 2016 The Agawam Board of Appeals will hold a public hearing in the Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA, beginning at 7:00 P.M., Monday, May 9, 2016 for the following: Case#: 1951 Petitioner: Aurelio Daniele Address: 500 Meadow Street Reason: Special Permit in accordance with Section 180-7 to allow for the construction of an addition to a legal nonconforming structure with less than the required front setback at the premises identified as 500 Meadow Street. Advertise: Thursday April 21, 2016 and Thursday April 28, 2016 Doreen Prouty Chairperson DP:ab �" Oo Ktakto at = Town of Agawam Board of Appeals 36 Main Street, Agawam, Massachusetts 01001.1801 p 1wP Tel, 413-726-9739 Fax 413-786-9927 Petition of: Aurelio Daniele Premises Affected: 500 Meadow Street a Date: May 9, 2016 Case#: 1951 - The Agawam Board of Appeals conducted a public hearing and meeting on May 9, 2016 aMe Agawam Public Library Community Room, 750 Cooper Street, Agawam, MA for all pares interested in the appeal of Aurelio Daniele, who is seeking a Special Permit in accordance f2hh Section 180-7 of the Town of Agawam's Zoning Ordinances to allow for the construction of an addition to a legal nonconforming structure with less than the required front setback at the premises identified as 500 Meadow 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 Residence B. 2. The petitioner proposes to enlarge the attached garage of the existing legal nonconforming dwelling. 3. Section 180-33 (A) of the Town of Agawam's Zoning Ordinances states "No part of any building or other structure shall be erected or altered so as to be nearer to the street line of any street on which it faces than the nearest building on either side thereof facing on the same street and within the same block and zoning district..." 4. The front setback of the existing structure on the subject property is 17 feet closer than the setbacks of existing structures abutting either side of the subject property. 5. The front setback of the proposed addition will be 18 feet. 6. Section 180-7 (D) of the Town of Agawam's Zoning Ordinances states "This section shall apply—to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change..." 7. A memo from Sgt. Steve Grasso, Safety Officer for the Town of Agawam, dated April 12, 2016 states "it would appear that the new structure...would have little impact to pedestrian, bicycle or motor vehicle safety." 8. The nonconformity of the subject property was created in the late 60's/early 70's when the State changed the location of Meadow Street. 9. The proposed addition will not create a substantial detriment to the neighborhood. i Z :01 WV I ! �7w 9io? 1 SCANNED Lb D IVL Town of Agawam -_ Board of Appeals 36 Main Street Agawam, Massachusetts 01001.1801 Tel.. 413-786-0400 ext. 8245 Fax 413.786-9927 SiVator_y Page of Decision Case#: 1951 Date: May 9,2016 Applicant: Aurelio Daniele Address: 500 Meadow Street By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner a Special Permit. This approval is subject to the conditions set forth in the attached written decision. Doreen Prouty GarSufffiiVi Richard Maggi Gary Geiger(Alternate) Aldo Mancini (Alternate) tj t30.k'ro - Cy fiI�nT 'ale 1 of l x 12 11� GRN 1 30 t Na 1,4 1i Z F"FL 31 ,g w FFL 14 J �tr3 3 24 f� Approved by Agawam Zane Board of Appeals D �Ul s � COMMONWEALTH OF MASSAC14USETTS Hampden, ss. On this yd� day of ` �2 �� , 2011, before me, the undersigned notary public, personally appeared AURELIO DANIELE as Administrator of the Estate of Clara Daniele, proved to me through satisfactory evidence of identification which were r +_ urcS d� t . to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me that the foregoing instrument was his free act and deed.. Notary Public: 6k4 c-C j.1,tfCkKf4,v My Commission Expires: 17- Zz- t f �uc� , auw Natwy Public of �� Dorr mbar 2Z 2041 ©ot4ALG E. IkSHE,REGISTER +iAA9PIlEh CnuKY REGISTRY OF DEMs nV 3 E4 V••S, M1 k 4 ip E w nA; :`4 e C�. �^ �} C� v�� r� �y.4 F1 '.� ,� �� .d �h ..is.+ may^ W .:.�.� ,,4� � �, F t+„� s M 10 10 40 +� 9 m BT } o° �3 r� xv 11375 _g ` O 32 ❑ � x �5� B i i { - .9 4vC<� x co�33 06 .4�L S,� ` '4 435 6 4 9.14.8 d 4,tr 15 Ora 42�/ � 4ss r S53 N 467 4T1 53.4 66. 2 1 192 i90 ' .�"x � x x 156.5 . 43.52 53 • pr 3 O Q 53,g d� 6485 tf4- 5 466 9r X� ' a00 4�z 4 7 35 ah3o (400 a ' v O s� i 4 �g¢ 5O, 4 L J p 4� 4 ��f•' 1� T ,9 s T L J (� 's. 13464 s All N 9 a ! �8 h + 20,90 40 foa 555a ,� d CDO a �Op h Co 2 I �► Q�S2 �uv I 23.. 19g3 80 L ! mfus+ , NICK, Town of Agawam �- !`•: Board of Appeals ` 36 Main Street, Agawam, Massachusetts 01001-1801 Tel.. 413.726.9739 Fax 413-786.9927, .i Petition of: Antoni & Florence Baszak Premises Affected: G10-02-0006 Date: August 26, 2016 Case#: 1955 The Agawam Board of Appeals conducted hearings beginning August 8, 2016 and ending with a meeting on August 26, 2016 at the Agawam DPW Conference Room, 1000 Suffield St, Agawam, MA for all parties interested in the appeal of Antoni & Florence Baszak, who are appealing a decision of the Building Inspector as allowed in Section 2, Paragraph C of the Town of Agawam's Adopted Charter" and Ch. 40A, Section 6 to determine if a lot is grandfathered as a building lot at the premises identified as G10-02-0006 N4l t�S#ft'�? After the public hearings, 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 Residence A-2. 2. The petitioners submitted several documents to the Inspector of Buildings to prove that the parcel of land known as G 10-02-0006 was grandfathered as a building lot. 3. The Inspector of Buildings, in a letter dated June 29, 2016 to Gary Baszak, concluded that the subject property was not grandfathered as a building lot. 4. The petitioners are appealing the decision of the Inspector of Buildings. 5. The petitioners wish to build a single family dwelling on the subject property. 6. A document, copied from the Commonwealth of Massachusetts, Land Court, Book 2616, Page 379, dated July 3, 1959, describes the subject property as one parcel owned by William & Isabelle Fisher. 7. A duplicate deed recording the transfer of ownership from William & Isabelle Fisher to Antoni &Florence Baszak describes the subject property as one parcel, dated December 3, 1971. 8. At the time of the creation of the subject property, all zoning requirements were met. 9. The subject property became a legal non-conforming lot sometime between 1960 and May 1971. The Board was not able to find the exact time when the zoning law rendered the lot as legal nonconforming. 10. At the time of purchase of the subject property, the petitioners were abutters to the subject property. 11. The lot now known as 710 Mill St, was purchased on May 15, 1956 by the petitioners and built upon in 1958, When the petitioners, as abutters, purchased the subject property, this lot was a legal non- SCANNED 111111-1 ILd conforming lot.The history of deeds shows that this lot was described as a separate lot before the petitioners purchased it. Ch. 40A states that when the lot was created, it was not held in common ownership. The petitioners did not own the subject property at the time of creation. The Board members unanimously agree that the vacant lot, known as G10-02-0006, is protected under Ch. 40A as a single lot exemption. Therefore, The Zoning Board of Appeals overturns the decision of the Inspector of Buildings and considers the subject property to be grandfathered and the building of a single family dwelling is allowed. 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 r � Town of Agawam !i Board of Appeals 36 Main Street Agawam, Massachusetts 01001.1801 Tel. 413-786-0400 ext. 8245 Fax 413-786.9927 Signatory Page of Decision Case#: 1955 Date: August 26 2016 Applicant: Antoni & Florence Baszak Address: Parcel G10-02-0006 By a unanimous vote of its three members, the Zoning Board of Appeals hereby grants the petitioner's appeal of the Building Inspector's decision. This approval is subject to the conditions set forth in the attached written decision. - 1 Doreen Prouty Cry SuffQ11 Richard Maggi Gary Geiger(Alternate) Aldo Mancini (Alternate) Town of Agawam 4 �t► 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 September 9,2016 Crystal Shea 47 Mill Street Agawam, MA 01001 Dear Ms. Shea: At its duly called meeting held on September 8, 2016, the Agawam Conservation Commission voted to approve the restoration plan for your property at 47 Mill Street that you submitted at the meeting(attached). Please Notify the Commission when this work has been completed so that a follow-up inspection can be made and the Enforcement Order can be lifted. If you have any questions, please contact this office at 726-9737. Sincerely, 4. AJ Henry A. Kozloski, Chairman AGAWAM CONSERVATION COMMISSION HAK:prk Cc: DEP Town Clerk File Tree413 0d 6- G 23 SCANNED—LW�j Iw e— 75 100 .�03 1 :420 1"=35' '• ai.�r 3 5 ` iu rr r 47 a.s �'F ..arc: - "• 'p .P"Ms. - �-' ,k,"'rMe. :_� F `i 2 ':i A�Fk Cyy �TK=. +•c SFF Y rya w a 43 AW - r Fhb - 14 u 19815 SF 13 15 � SF , r�,; 2237 .� s� 31075 SF �,,,•, �<«c CM /f l V� © 0 Yj 911I2016 3:37:33 PM V 0 The information ECEIVED RdeP icted on this C �0 S� fl $ 2Q16 maP is for panning purposes only. i � It is not adequate i CONSERVATION for legal boundary COMMISSION definition, regulatory 110 interpretation, or �. parcel-level analyses. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information , Important: When filling out From: forms on the Agawam _ computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Lloyd G.Anderson same return key. Name Name Butternut Drive Ma _ mb Mailing Address Mailing Address Agawam MA 01001 Citylrown State Zip Code Citylrown State Zip Code 1, Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Agawam GIS Parcel Map-47 Mill Street 12/23/15 Title Date 'title Date Title Date 2. Date Request Filed: 12/23/15 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 12' x 14' deck off the back of the house- to be constructed on sauna tubet,. Project Location: 47 Mill Street Agawam Street Address CitylTown J9 1/14 Assessors MaplPlat er Parcel/Lot Number SCANNED I' wpaform2-doc•Determination of Applicability•rev.12114 Page 1 of 5 Massachusetts Department: of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) 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) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) 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 or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 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 wpaforrr2.doc•Determination of Applicabllity•rev.12114 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 an 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 fling 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. wpatorm2.doc•4aterminabon of Applicability-rev-12114 Page 3 of 5 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands i WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (coat.) 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 statuatorylreguiatory 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 January 15, 2016 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 Pian). 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 http://www.mass.govteeatagencies/massdep/abouttcontactstfind-the-massdep-regional-office-forryaur- city-or-town,html) and the property owner(if different from the applicant). Signatur�: ,ram January 14, 2016 Date wpaf0rm2.dx•Detarmh ion of AppftaVl ty•rev.12714 Page 4 of 5 Massachusetts department of Environmental Protection L7Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, 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 Department of Environmental Protection Regional Office (see htt :llwww.mass. ovieeala enciesimassde labout/contactslfind-the- massdep-regional-office-for-your-city-or-town.htm1) to issue a Superseding Determination of Applicability_ The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2Acc•Determination of Applicability•rev.12114 Page 5 of 5 i11 i1� c- MIt ,�— 0 ", C3 _ r-7 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wettands 87-0618 WPA Form 5 — Order of Conditions n�aSaoEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# C+tyf;own A. Genera! Information Please note: Agawam this form has 1. From:been moditd mm Conservation Commission YAth addeld z.This issuance is for speceto a. ®Order of Conditions b. ❑Amended Order of Conditions SCCommodate (check one): the Registry of heeds 3-To: Applicant; Requirements Kevin McKiernan Important: a.First Name b. Last Name When ruing Silver Lake Corporation out forms on c.Organization the 120 Edgewater Road computer,use only the d_Maiiing Address tab key to Agawam, _ w _ MA 01001 move your e.City/Town f.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a.First Name b. Last Name c.Organization ranr d.Mailing Address e.City/Town f. State g.Zip Code 5. Project location: Dam located behind 111 Mill St. &Gabion Agawam rock wall at parcel 19 212 4. Cityrrown 19 and 99 2135 and 212 respectively c.Assessors Map/Plat Number d. Parcel/Lot Number - Latitude and Longitude, if known: 42.067336d m$ 72.633576d m wpaformEdcc- ray.11112n014 Page 1 or 12 SCANNED it Ewt� Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection - Wetlands 87-0618 WPA Form 5 - Order of Conditions MassDEP Fite#t Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Cityfrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): LC14646 & Hampden a.County b.Certificate Number(if registered land) 5181 _ 254 c.Book d.Page 9-18-16 2-23-17 2-28-17 7, Dates' a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance & Final Approved Plans and Other Documents (attach additional plan or document references as needed): see attached narrative a. Plan Title b.Prepared By c. Signed and Stamped by 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 Habitat 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.11112r2014 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0618 r WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transacton# Cwrown 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. a ❑ 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). 3- ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 60 so 4. ® Bank a. linear feet b. linear feet c.linear feet d. linear feet 5. ® Bordering 60 so Vegetated Wetland a,square feet b.square feel c. square feet d.square feet e. ® Land Under 10 Waterbodies and a. square feet b square feet c,square feet d.square feet Waterways e.cty dredged f_dy dredged 7. ❑ Bordering Land Subject to Flooding a.square feet b,square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h,cubic feet 8 ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e. cubic feet f.cubic feet g. ❑ 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 wWform5.doc• rev.1 111 20 01 4 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 87--0618 WPA Form 5 - Order of Conditions MassDEP File# i1 # Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 1o. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 11. ❑ Land Under the Ocean a.square feet b.square feet c.cJy dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below ❑ Coastal Beaches -.Cu yd cu yd_ 13. a.square feet b.square feet c.nourishment d.nourishment 14_ ❑ Coastal Dunes cu yd cu yd a.square feet b,square feet c. nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square-feet 17, ❑ Salt Marshes a.square feet b.square Feet c_square feet d.square feet m, ❑ Land Under Salt Ponds a. square feet b.square feet c.c!y dredged d.dy dredged tg. ❑ Land Containing Shellfish a.square fleet 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.c/y dredged 21. ❑ Land Subject to Coastal Storm a.square feet b.square feet Flowage wpaforrn5-doc. rev.1111M014 Pape4of12 Massachusetts Department of Environmental Protection Provided by MassoEP: LlBureau of Resource Protection - Wetlands 87-0618 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ei]EP Transaction# — Cityrrown B. Findings (Cont.)NZ project lfthe 2Z ❑ RestorationtEnhancement': is the purpose of restoring or a_square feet of BWV b. enhancing a q square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b, number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (evVV)or The following conditions are only applicable to Approved projects. B 17,c(Salt Marsh)above, 1. Failure to comply with all conditions stated herein, and with aH related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modifythis Order. g � amount here. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year, 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 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. wpaform5 doc• rev.111122014 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0618 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Cityfrown C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 1 O. 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 87-0618 11 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#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. wpaform5.doc• rev.11/1212014 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by N]assDER Bureau of Resource Protection -Wetlands 87-0618 r WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# C"frown C. General Conditions Under Massachusetts Wetlands Protection Act (cunt.) 17, Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant 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. 19. The work associated with this Order(the "Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT 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) AEI work, including site preparation, land disturbance, construction and redeveiopment, 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 filly 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; wpafafrn -dm• rev.11f1212014 Page 7 of 12 LlMassachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection - Wetlands 87-0618 WPA Form 5 -• Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, F40 eDEP Transaction# City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, 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 20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department_ wpaform5.d00^ rev.11I12r2014 Page 90112 TOWN OF AGAWAM, MASSACHUSETTS CONSERVATION COMMISSION ORDER OF CONDITIONS tw Y- McKiernan— Silver Lake -#87-0618 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other pollutant into any area of statutory interest. 8. 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. 9. All work within the area of statutory interest shall be performed so as to create minimum disturbance to the existing vegetative cover and contours. 10. 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. 11. All work is to be performed during low-flow periods in order to minimize environmental impacts. 12. Parcels abutting or containing wetland or resource areas shall carry the following restrictions,and a covenant so noted on each deed: "This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the General Laws of Massachusetts known as the Wetlands Protection Act and comes under the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing of brush, digging, filling in with soil or debris,or the building of bridges is permitted within one hundred(100) feet of the designated wetland areas or within 200' of any designated river without specific approval granted by the Conservation Commission." 13, 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. 14. Commencing with the issuance of these Orders and continuing through the end of the construction phase of this project, the applicant or his successors and assigns shall submit to the Commission a written monthly progress report detailing the work that has been done of statutory interest. 15. 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. 16. 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. 17. See Attachment I for approved work and additional conditions. ATTACHMENT I Order of Conditions-Silver Lake-#87-0618 Work on Dam: 1. Per the Dam Inspection Report of December 2, 2016, the large trees from the auxiliary spillway slope and toe shall be removed. 2. The Conservation Commission shall receive copies of H&H Analysis when completed. 3. Repair low level gate valve. 4. Maintain vegetation control on the dam. 5. Periodic cleaning of the spillway can be done on an as-needed basis. 6. This work is to be performed under the direction of a registered professional engineer familiar with the method and materials used in the design, construction and repair of the dam. Restoration of Gabion Wall 1. All work on gabion wall to be done during low flow. 2. Gabion wall to be restored to its original height. 3. Periodic gabion basin siltation removal and cleaning can occur on an as-needed basis but Conservation Commission is to be notified when this will occur. 4. Work on the gabion wall can be done from the gabion access road. Lowering the level of the Lake 1. The level of the Lake can be lowered for flood control. 2. If Silver Lake needs to be lower for flood control,Silver Lake Associates shall submit a letter from a licensed engineer stating that this is necessary and why. 3. Inspection of gabion wall should be done during low flow once per year. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0618 —� WPA Form 5 - Order of Conditions MassDEP File# t Massachusetts Wetlands Protection Act M.G,L. c. 131, §40 eDEP Transaction# City[Town f 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 J 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. e. ❑ 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 tent document): wpaform5.doc• rev 11112r2014 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands WPA Form 5 -- Order of Conditions LIJMassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special 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 some time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. AL Signatures: lJ�� J 17 ❑ by hand delivery on by certified mail, return receipt requested,on 7 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 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 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.1 1/121201 4 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 87-0618 l WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Cityfrown G. Recording Information Prior to commencement of work, 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: Silver take 87-0618 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: 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 wp2lntm5A0C•rav_11112M14 Page 12 of 12 Massachusetts Department of Environments! Protection Bureau of Resource Protection - Wetlands DEP File Nwnber Request for Departmental Action Fee L1 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/rown,Zip c.Check number d.Fee amount Important: party 9 request appropriate, g P representative): When filling 2. Person or making r uest{if a ro Hate, name the citizen rou `s re resentative out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City(Fown State Zip Code not use the return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)}: Name Mailing Address Cityfrown state Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number.- B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability— Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 wpoform5.doo• rev.1 111 2/201 4 Page 13 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee _ D Transmittal Form Provided by EF- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cunt.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. 7o the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htt-(lwww-mass�v{eealagenciesimassdep/abouVcontactsf . 4. 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 helshe is not the appellant. wpaform5.doc• rev_11/12RO14 Page 14 of 12 Town of Agawam 0 Clerk's Office 36 Main St,Agawam, Massachusetts 01001-1837 �1; a Tel.413-786-0400 X 8215 or 8747, Fax 413-786-9927 Email: clerk@agawam.ma.us AT D '� November 10, 2016 To Whom it May Concern; I hereby state that the Agawam Clerk's Office has not received an appeal in accordance with M.G.L. Ch. 40A, Section 17 for a decision of a petition from Antoni and Florence Baszek. This petition was filed on August 26, 2016 for a lot now kn as 710 Mill Street,Case 41955. Vincent scia, Town Clerk Town of Agawam Board of Appeals 36 Main Street, Agawam, Massachusetts 01001.1801 Tel. 413.726.9739 Fax 413-786-992 Petition of Antoni & Florence Baszak Premises Affected: GIO-02-0006 - Date: August 26, 2016 Case #: 1955 �+ - n The Agawam Board of Appeals conducted hearings beginning August 8, 2016 and ending with a meeting on August 26, 2016 at the Agawam DPW Conference Room, 1000 Suffield St, Agawam, MA for all parties interested in the appeal of Anton & Florence Baszak, who are appealing a decision of the Building Inspector as allowed in Section 2, Paragraph C of the Town of Agawam's Adopted Charter" and Ch. 40A, Section 6 to determine if a lot is grandfathered as a building lot at the premises identified as GIO-02-0006 Mill Street. After the public hearings, 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 Residence A-2. 2. The petitioners submitted several documents to the Inspector of Buildings to prove that the parcel of land known as GI O-02-0006 was grandfathered as a building lot. 3. The Inspector of Buildings, in a letter dated June 29, 2016 to Gary Baszak, concluded that the subject property was not grandfathered as a building lot. 4. The petitioners are appealing the decision of the Inspector of Buildings. 5. The petitioners wish to build a single family dwelling on the subject property. 6. A document, copied from the Commonwealth of Massachusetts, Land Court, Book 2616, Page 379, dated July 3, 1958, describes the subject property as one parcel owned by William & Isabelle Fisher. 7. A duplicate deed recording the transfer of ownership from William & Isabelle Fisher to Anton & Florence Baszak describes the subject property as one parcel, dated December 3, 1971. 8. At the time of the creation of the subject property, all zoning requirements were met. 9. The subject property became a legal non-conforming lot sometime between 1960 and May 1971. The Board was not able to find the exact time when the zoning law rendered the lot as legal nonconforming. 10. At the time of purchase of the subject property, the.petitioners were abutters to the subject property. I i. The lot now known as 710 Mill St. was purchased on May 15, 1956 by the petitioners and built upon in 1958. When the petitioners, as abutters, purchased the subject property, this lot was a legal non- conforming lot. The history of deeds shows that this lot was described as a separate lot before the petitioners purchased it. Ch. 40A states that when the lot was created, it was not held in common ownership. The petitioners did not own the subject property at the time of creation. TN.Ord members unanimously agree that the vacant lot, known as G10-02-0006, is protected under-: 40A as a single lot exemption. Therefore, The Zoning Board of Appeals overturns the decision of the Inspector of Buildings and considers the subject property to be grandfathered and the biding of a single family dwelling is allowed. TWs decision is subject to appeal in accordance with M.G.L.Ch. 40A, Section 17 within 20 days air this decision is filed with the Agawam Town Clerk. Attachment: Signatory Page of Decision Extract from Chapter 185, Section 146, of the General Laws, as amended. Every petitioner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taping a certificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted on the certificate, and any of the following encumbrances which may be existing: First, liens, claims or rights arising or existing under the laws or constitution of the United States or the statutes of this commonwealth which are not by law required to appear of retard in the registry of deeds in order to be valid against subsequent purchasers or encumbrances of record. Second, taxes, within two years after they have been committed to the collector. Third, any highway, town way, or any private way laid out under section twenty-one of chapter eighty- two, if the certificate of title does not state that the boundary of such way has been determined. Fourth, any lease for a term not exceeding seven years. Fifth,any liability to assessment for betterments, or other statutory liability,except for taxes payable to the commonwealth, which attaches to land in the commonwealth as a liert; but if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such ease- ments or rights shall remain so appurtenant notwithstanding such failure,and shall be field to pass with the land until cut off or extinguished by the registration of the servient estate, or iu any other manner. 40 r 4 s A O C) m00 o� oV C7 G 00 u-i Cr W m 3 = m C 00 Q � � ,� � � m c� �` O y -CC z N µ t 210 '; W Cn Lr x Q U s.n 4 U V O *4 L m t L) C om C O U O m rn Mass. .Excise Tax Stamps $9.12 &c'd. Olvntr's; ;Dup Certificate, ORIGINAL CERTIFICATE OF TITLE REGISTERED IN BOOK 77 PANE 1.84 Me. 15424 From Certificate No. 9 314 , Originally Registered June 25 t h. , 19 59 in Registration Book 47 Pa$e 74 for the Registry District of Hampden County. 19bW ig tD QCtttifp that Anton. Baszak and Florence E. Baszak of Agawam in the County of Hampden and Commonwealth of Massachusetts, married to each other, are the owner g in fee simple . as tenants by the entirety, �.s m r+ of that certain paroel of land situate in Agawam 3 in the County of Hampden 'and said Commonwealth, bounded and described as follows: d Southerly by the northerly line of Mill Street one hundred and 50/100 (100.50) feet; 1Al�t �I Westerly by Williams Street ninety-eight and 70/100 (98.70) feet; Northerly by land now or formerly of Anthony Demi.chele et al, one LH o hundred (100) feet; and v Easterly by land now or formerly of Antoni Baszak et al eighty-eight $ and 681100 (88.68) feet. a b All of said boundaries are determined by the Court to be located as shown on a plan drawn by W. J. Leander, Engineer, dated November, 1957, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 9314. r And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said Ant oni Bas zak and Florence E. Ba s zak to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which, may be subsisting, pp WI LLIAM 1. RANDALL WrrNess, , Esquire,Judge of the Land Court, at Spri.ngiie1d in the County of Hampden the third day of December in the year nineteen hundred ancteventy—one, at 4 o'clock and 30 minutes in the of ter noon. Attest, with the Seal of said Court, ssistant Recorder. Town of Agawam G10 X 011) a_ x Inspection Services Department 1 Building Inspection Code Enforcement AT MP 1000 Suffield Street, Agawam, MA 01001 Telephone- (413) 821-0632 Fax (413) 821-0637 Erik Wight Gary Turnbull Inspector of Buildings Electrical Inspector Michael Day Michael Theroux Plumbing Inspector Sealer of Veiights&Measures Cross Connection Tester Enforcement Officer DATE: TO: BOARD OF APPEALS FROM: Erik Wight, Inspector of Buildings 6 C:-a SPECIAL PERMIT: VARIANCE: 4 The above referenced property is applying to the Board of Appeals. The S on of the Agawam Zoning.by-Laws, which they are seeking relief from is Section: -- Paragraph. SCANNED 11 1-7 C'. .......... .................. ..................--............................. FOR OFFICE USE ONLY TOWN OFAGAWAM 36 MAIN S TREE T Case#: 1q, S AGAWAM, MA 01001 I Filed: �0 BOARD OFAPPEALS Hearing: Expires: .............11.......... .................................................... ............ Application to Board of Appeals for a hearing on an appeal from a decision of M--11 (.0 t 51 Z'�- as allowed under Section 2-8,Paragraph C "Adopted Charter and MGL,Ch. 40A, Section S. Applicant 572qk Fonlv Address IWfo IAP Premises affected are situate on W, v Street; W4 feet distant from the 11tanac, Property is zWd as corner of Street and known as street number Reason(s) for request sp-�q tA 66 0 00 Lf I JCA 1'/ 29 IC t )A k7et , ILI Signature of owner or his authorized agent: Telephone -00 L/0 NOTICE. THIS APPLICATION MUST BE FILLED OUT IN INK OR TYPEWRITTEN F Town of Agawam Inspection Services Department Building Inspection Code Enforcement 'l 1000 Suffield Street, Agawam,MA 01001 Telephone - (413) 821-0632 Fax(413)821-0637 Erik Wight Gary Turnbull Inspector of Buildings Electrical Inspector Michael Day Michael Theroux Plumbing Inspector Sealer of Weights&Measures Cross Connection Tester Enforcement Officer June 29,2016 Gary Baszak 710 Mill Street _ Agawam, MA 01001 RE: Assessor's Map G 10 2 6 Empty Lot Status - Dear Mr. Baszak, On June 14, 2016 Dan Thibault of Thibault Construction submitted the following data{Town of Agawam Zoning Request Form,Town of Agawam Assessors Parcel ID sheet, Town of Agawam Assessor's Current property assessment sheets, Town of Agawam fiscal year 2016 real estate tax bill, deed granting life estate dated October 20, 2013,owner's duplicate certificate of deed dated June 25,-1959, sheet depicting plan of Longview Heights dated August 1923)to try to prove that the above lot is a grandfathered building lot. Upon review I have determined that the above lot is not grandfathered as a building lot. Sinc ely, Erik Wight Inspector of Buildings GCS � lid f � cV 16 36 f" T_n _ L+ "=1 r Ln WOW _t INs- 10 li7 Town of Agawam, MA Page I of I Town of Agawam,MA Tuesday,June 14 so16 Chapter 180. ZONING Article III. Residence A-2 Districts § 180-25. Setback requirements. A. No part of any building shall be placed within 30 feet of any street line. B. No part of anygarage or other accessory building situated within 65 feet of any street lime shall extend within 15 feet of any lot line intersecting such street which serves as a side lot line located in any residence district or within 15 feet of any street line. C. On a corner lot,no part of any building shall be erected or altered so as to be less than 25 feet from any street line. D. Open porches which are 20 feet or more from the street line may be enclosed on one or more sides with glass enclosures. § 180-26. Yards. A. Side yards. (1) There shall be aside yard between a principal building and any side lot line which shall be tg feet wide in its least dimension, (2) Detached garages or accessory buildings shall be placed at least five feet from the side lot line if located more than 65 feet from a street line. B. Rear yards. (1) There shall be a rear yard on every lot between the principal building and the rear lot line.It shall be 20 feet deep in its least dimension. (2) One-story accessory buildings shall be placed at least five feet from the rear lot line,and one-and-one-half- story,accessory buildings shall be placed at least 10 feet from the rear lot line. § 18o-27. Lot size. No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet. § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40%of the area of the lot on which it is located. L++-,./I---,7. gKd1 .,,.-1---+1AC-1nA10r., .A--4C4.7Q-70 _'C4'7o•7Q 4c4'7QQ'7 4'Z4'74Q1 411A/7f114 ZONING REQUEST FORM Town /` `t L,6t" Street Assessor's MaplLot#or Parcel ID -9l G._ _ (. Reason for zoning review �5 u r Gt .� 9 i tit ' - �(— �M - y � 1 Name of person requesting _ Mailing address_ � _ � r ,,1- ——- Phone as- Ra "GRANDFATHERED LOTS" In order to determine whether a lot qualifies for the"separate lot protection"found in MGI_Chapter 40A, Section 6,for a one or two-family dwelling, the following information must be estabfished; 1. It is required that it conformed to the zorking bylaws which were in existence when it was first identified on a deed as a separate parcel. �r 2, The most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought must show that the lot was separately owned,and not owned in common Vdh any adjoining lots or other land t!3 The lot must have at least 5,000 sq. ft. of area and 50 ft. of frontage, either on a public way or a way shown on a plan endorsed or approved by the Planning Board. It must have maintained its vacant status since its creation,with no structures ever built upon it. 4. Common trot Exemption for one and two-family Use- Up to 3 lots held in common ownership may be built upon within 5 years of the zoning change. Each lot must have at least 7,500 sq. ft. of area and 75 ft. of frontage. After the 5-year period, the lots not built upon must merge, r V S. If conveyed after the zoning change, has the lot retained its separate identity by continually being described as a separate and distinct lot? 6. The lot must have been a separate lot and not available for use in connection with adjoining land on the effective date of any zoning requirement which made the lot substandard or more substandard. In order to perform a zoning review, the following must be provided-, a. A copy of the first (oldest) deed that identifies the lot as a separate parcel-with the Book, Page and Date of recordingin the Registry of Deeds. b. A plot plan that indicates all lot lines,dimensions and area, and shows the frontage along all adjacent public ways. G. A history of all abutters(same side of street)with copies of deeds with Book, Page, and Date of recording in the Registry of Deeds. O d. Has there ever been a structure on the property in question? 1$ y ri r m is .19,SF 910000 SF g m' . s4 . 55 rq. ff f Oft SF iQ4 9500.3to Lj goo r p 0 Z� �, -5SS SF o sus 4 122 as '; ISS53 SF �9 15553 SF 106 T �? "' 106 ... T 47 SF iao 1975$. F D73 4 . 9592 SF �00.�04s4 SF 100.5 90.00 145.5� f 0454 SF Bs.t 16 t a " 739 i 731 15246 46 SF s yfQ464 SF91 less 22735 ' 717 f 4 870 $022aSFt; . i 29=43F A C a 1 CD y 1 4B i_ 5- © 348. 9 ® Z BOO AG C T., SF 18 261fl9 :` 1.00 AC .i2i • 0 zflo _ ; 5 17 42253 SF e, ' 33090 SF 3 m 4.10 AC Print page 1 of 1 Click on the Column Headings to sort accordingly. Click on the Parcel ID to view the parcel detail. Built Beds Lot size LUC Sale date cel ID Lncatlon e Tvne Total Value Sati)5 Fin area Descrintlon IJHRSW _ We arics BoOk Page )2 6 MILL ST BASZAKANTONI $71,300 9,582 130 5 12l3N911 LC15424 BASZAK FLORENCE E_ _. .__ _ _ LAND ]2 7 710 MILL ST BASZ-A GARY UT 195t3 $165,500 3 10,454 101 5 11/15/2013 20100-514 BASZAKANTONI RANCH 1 1,080 ONE FAM $100 BASZAK FLORENCE E Print oaag 1 of 1 F Unofficial Property Record Card - Agawam, MA General Property Data Parcel 10 G10 2 6 Account Number Prior Parcel ID 4830-- Property Owner BASZAK ANTONI Property Location MILL ST BASZAK FLORENCE E Property Use LAND Mailing Address 710 MILL ST Most Recent Sale Oate 1 213 11 97 1 Legal Reference LC15424 City FEEDING HILLS Grantor Mailing State MA Zip 01030.2228 Sale Price 4,000 ParcelZoning RA2 Land Area 0.220 acres Current Property Assessment Card 1 Value Building Value 0 Xtra Features 0 Land Value 71,300 Total Value 71,300 Value Building Description Building Style N!A roundation Typo N)A Flooring Type N/A #of Living Units NIA Frame Type NIA Basement Floor NIA Year Built NIA Roof Structure NIA Heating Type NIA Building Grade NIA Roof Cover N/A Heating Fuel N/A Building Condition Average Siding NIA Air Conditioning 0% Finished Area(SF)NIA Interior Walls NIA #of Bsmt Garages 0 Number Rooms 0 #of Bedrooms 0 #of Full Baths 0 #of 314 Baths 0 #of 112 Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.220 acres of land mainly classified as LAND with a(n)NIA style building,built about NIA, having NIA exterior and NIA roof cover, with NIA unit(s),0 room(s),0 bedroom{sl, 0 baths},0 half bath{s}. Property Images gy y S e Disclaimer.This information is believed to be cofTect but is subject to change and is not warranteed. Unofficial Property Record Card - Agawam, MA General Property Data Parcel lO G10 2 7 Account Number Prior Parcel ID 4630— Property Owner BASZAK GARY LIT Property Location 710 MILL ST BASZAK ANTONI Property Use ONE FAM Mailing Address 710 MILL ST Most Recent Sale Date 11115/2013 Legal Reference 20100-514 City FEEDING HILLS Grantor BASZAK.GARY Mailing State MA Zip 01030-2228 Sale Price 100 ParcelZoning RA2 Land Area 0.240 acres Current Property Assessment Card 1 Value Building Value 92,600 Xtra Features 1,400 Land Value 71,600 Total Value 165,500 Value Building Description Building Style RANCH Foundation Type CONCRETE Flooring Type CARPET #of Living Units 1 Frame Type WOOD Basement Floor CONCRETE Year Built 1958 Roof Structure GABLE Heating Type FORCED WW Building Grade AVERAGE Roof Cover ASPHALT Heating Fuel GAS Building Condition Average Siding VINYL Air Conditioning 0% Finished Area(SF)1080 Interior Walls PLASTER #of Bsmt Garages 0 Number Rooms 5 #of Bedrooms 3 #of Full Baths 1 #of 314 Baths 0 #of 1I2 Baths 0 #of Other Fixtures 1 Legal Description Narrative Description of Property This Property contains 0.240 acres of land mainly classified as ONE FAM with a(n)RANCH style building,built about 1958 ,having VINYL exterior and ASPHALT roof cover,with 1 units , 5 rooms 3 bedrooms 1 baths 0 half baths. Property Images R M 0 f Disclaimer: This information is believed to be correct but is subject to change and is not wauanteed, F � Online Bill Pay is available for Real iictate Tax,Personal Property Tat;,Motor Vehicle Excise and Water and Sewer Bills. Please see www.Agawam.ma.us for details. 'k: This is your fourth quarter real estate tax bill for fiscal ycar 2010. It shows the assessed valuation axed taxes due far fiscal year 2016 and payments received through March 10,2016. The deadline for applications for abatement has passed. Applications for abatement were due on February 1,2016 in the Assessor's office. Your fourth quarter talc payment is due in the Cotlector's Office on May 2,2016. iNTEFkESTAT THE RATE OF ik%PER ANNUM W ILL ACCRUE ON OVERDUE PAYMENTS FROM i3-!E DUE DATE t}NTkL PAY6AEN1'IS MADE See Reverse? ide for Important Information This form approved by the Commissioner of Revenue SEQ#: 8368 THE COMMONWEALTH OF MASSACHUSETTS Fiscal Year 2016 Real Estate Tax Bill OFFICE OF COLLECTOR OF TAXES FOURTH QUARTER TOWN OF AGAWAl11 Based on assessments as of January 1,2015,your Rea!Estate Tax for the fiscal year beginning July 1, 2015 and ending June 30,2016 011 the parcel of real estate described below is as follows.- TAX RESIDENTIAL OPENSPACE COMA EHCIAL IINOMTRIAL COLLECTOR OF TAXES: Lauel A Placrek Bill bate: 0410VZ016 RATE CLASS 1 CLASS 2 CA-ASS 3 CLASS a MAKE PAYMENT TO: THE TOW N OF AGAW AM PER $1000 16.18 16.18 29.98 29.9B 36 MAIN ST BILL NO: 576 LOCATION: 0 MILL ST AGAWAM MA 01001-1801 Bill Due: 0.5IO2CW16 Q PARCEL ID; G10-02-0006 OFFICE HOURS: MON-1-Ri 8:30AM-4:3" f�YALU'E: 713M OFSCSTPT}ON VALUATION SP.ASSESSMENT AVOUNT COY;d,^4'JAGATEMEWTIEXEMPTION! ClUAL REAL ESTATE TAX $1,153.63 BUILPII41C3 VALUE: 0, OTAL TAX + SP ASSESS.DUE: $1,tfi5.17 OTHER: {� TOTAL VALUE 713pp RLSTAX $1.153.63 RELIMiNASY TAX: $566.74 Qr ACRES: 0.22 $0.00 fL PAYMENTS MADE: $865.96 X P -GLWXARY TAX: 56624 PREUMtKARYCREDITS: $566.74 TOTAL COVIMUNiTY PRESERVAT;ON ACT. PRELIMINARYOVEROUE= $0.00 PREUMSS4ARY8ALANCE: p,pp $1t.54 r CLASSCODE'- 130 TOTALSP, ASSESSMENTS WE: $11 54 INTERESTOLIE: $0•00 BALANCE OUE $2%.21 BASZAK ANTONI IM PAYMENTOUE W01I2016 $299.22 BASZAK FLORENCE E 710 MILL ST and PAYMENT flue 05f02l2016 $298.21 FEEINNG MLLS,MA 01WO AMOUNT Now DUE SCHOLARSHIP PUNp $299,21 $1ED]$2 ®SS ®$to log 01"ER C41ECK ARO ENTER THE AMOUNT AT Rrlfr AN0 ADO SCHOLARSMP FUND AMOUW TO I Online Bill Pay is,available for Real Estate Tax,Personal Property Tax,Motor Vehicle Excise and Water and Sewer Bibs. Please see www.agawazn.ma_.us for details. This is your fourth quarter real estate tax bill for fiscal year 2016. B shows the assessed valuation and taxes due for fiscal year 2016 and payments received through March 10,2016. The deadline for applications for abatemont has passed. Applications for abatement were due on February 1,2016 in the Assessor's office, Your fourth quarter tax payment is due in the Collector's Office on May 2,2016. INTERESTAT THE RATE OF 14%PER ANNUM WILL ACCRt;E ON OVERDUE PAYMENTS FROM THE DUE DATE UNTIL PAYMENT IS MADE SEjpejWrse Side for important Information This form approved by the Commissioner of Revenue THE.COMMONWE4 TH OF MA SACHUS>=fTS Fiscal Year 2016•Real Estate Tax Bill OFFICE OF C(JLLECTOR OF TAXES FOURTH QUARTER TOYMOFAGAWAM Based on assessments as of January 1,2015,your Real Estate Tax for the Rica!year beginning July 1, 2016 and ending June 30,2016 on fha frarcel of teal estate described bdowis as follows: TAX REWFNTIAL OPENSPAgF, COMMERCIAL INDUSTRIAL COLLECTOR OF TAXES: LswW A.Pkm=ek Bill Date: 04/01/2016 FATE CLASS 1 CLASS 2 CLASS 3 CLASS 4 MAKE PAYMENT TO: THE TOW N OF AGAW AM PER , slow 16.18 16.18 29.98 29.98 36MAIN ST BILL NO: 577 ! d LOCATI0N 710 MILL ST AGAWAM MA 0fo01-1Sol Bid Due: 05/02f2076 O PARCEL ID: G10-02.0007 OFFICE HOURS: MON-FRI 8:30AM-4:30PM V LAND VA JE: 71600 DESCRIPTION VALUATION SR.ASSESSMENT AMOUNT COMM.lNT.ACTUAL REAL ESTATE TAX $2,677.79 U) 61JILDING VALUE: g4 TOTAL TAK Si'ASSESS.DUE' $2,704.5'/ � OTHER: Lu TOTAL VALUE 165500 RESTA% $2,677.79 PRELIMINARY TAX: $1,281.34 Q GRES: 024 GATEMENTlEXEMPTtDN: $0.00 PAYMENTS MADE: $1,992 96 X PRELIMINARY TAX $1,281.34 Q PRELIMINARY CREDITS: $1 281.34 TOTAL COtaML5N1TY PRESERVATION ACT: 28,78 PRELIMINARY OVERDUE: �•� 1•" R£LJMITIAgY MA_ANCE: ffi0.00 TOTAL SP, ASSESSMENTS DUE INTERSS I Due: $aoo CLASSCODE. 101 $26.78 BALANCE DUE' $711.61 BASZAK GARY L T W PAYWfENT OUE OX01l2016 $711.62 BASZAK ANTONI nd PAYMENTDUE OSA=016 $711.61 710 MILL ST FEEDING WLW,MA 01030 AMOU"T NOW OVE i $711.61 SCHOLARSHIP FUND $11 U$2 ®S5 ®$10 ®OTHER CHECK AND EMMA iNE AMOUNT AT RIGHT AND ADD SCHO(gRSHIP FUND 0.fAOWfT T6 IV f Bk 20100 P sp514 40-72972 11-13-2013 Q 1223.5o DEED GRANTING LIFE ESTATE KNOWALL MEN BY THESE PRESENTS that I, Gary Baszak of 710 Mill Street, Feeding Hills,Hampden County,Massachusetts for consideration of less than one hundred dollars grant to ANTONI BASZAIK& FLORENCE E.BASZAK of 710 Mill Street,Feeding q Hills,Hampden County,Massachusetts, 4�-e Cc S f-enant5 by ..tn1�re/Y the right to occupy, rent,.or improve thepremises during#heir l fetime. V\ See Exhibit"A" attached here#o and incorporated herein. BRING the game premises conveyed to the grantor Herein by deed dated January 29,2013 and recorded in the Hampden County Registry of Deeds,Boob 19699,Page 365. Ter— WITNESS m nd and seal this i day of October,2013 GAR BASZAK COMMONWEALTH OF MASSACHUSETTS Hampden, s. On this- -=day of October,2013,before me,the undersigned notary public,personally appeared. Gary Baszalt, and proved to me through satisfactory evidence of identification, which was personal kmowledge to be the person whose narne i.s signed above, and acknowledged to me that he signed it voluntarily for its stated pu=os Paul M. Kali tart'Public My commission expires: 8/8/2019 w Mass..Exciso Tax Stamps $9.12 &cod. �u irate Certificte. • 4Rf6RIU GEBTIFIOATE OF TITLE REGISTERED IN SOCK 77 PAGE 184 k 15424 From Ciatifieate No. 9314 orionally Registered June 25'th., 19 59 Registration Book 47 Page 74 for the Regbru Diaarlet of Hampden Cou Zbig 6 to Etrtd? that Antoni Baszak and Florence E. Baszak of to the County of llampdert and Commonwealth of Msssachuse married to each other, are the owner g in fee simple , as cenants by the entirety, u m y H m J o7 a ' of that cettaln parcel of land situate in Agawam in the County of Hampden and said Commonwealth,bounded amd described as follow I i to Southerly by the northerly line of Mill Street one hundred and 50/100 (100.50) feet; Westerly by Williams Street ninety-eight and 70/100 (98.70) feet; i Northerly by land now or formerly of Anthony Demicheln et at one hundred (100) feet; and Easterly by land now or fonmarly of Antoni Baszak et al eighty-eight and 631 10C (88.68) feet. All of said boundaries are deterntf.ned by the Court to be located as shown on a plan drawn by W. J. Leander, Engineer, dated November, 1957, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 9314. � r And it to furdwr certified that said land is under the operation and provisions of Chapucr M a Laws, and that the bale of said Antoni. Baszak and Florence E. Baszak to said land L registecad under said Chapter, subject,bwwever, to any of the cmmmbnmom mead[la[ forty-six of said Chapter, which may be tuhsisttng, WILLLkM I. RANDAU Wm+ass, ,Esquim Judee of the hind Court,at $prLng eId in the Counts of Hampden the third diy of Dt c,=be in the year nineteen hundred andieventy"one, at 4 c cdork and 30 minutes is iota Attest,with the Seal of said Court, 7 4 so, r SO Jo Jo sQ SO JO Ja fa so. 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