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8604_ZONE CHANGE - ASPENWOOD ASSOCIATES LLC - SILVER STREET.pdf. -,"--,-.-_Jl _______ :....~.,;j: •. L 8604 -ZONE CHANGE -t\spenw(')od !" Associ~tes LLC -Silver Street . , •. .r:v ~ ff?w u ~@mJ@ -, ~~@mJ~@ @DwD@@~ Yhe land cannot be developed unless the loning is changed to residential, planning officials said. ByJIMDAN~O jdonko@repub.com AGAWAM. - A developer's request for a zone change to build a subdivision on 17 acres has left the Planning Board split. A public hearing attended by about 20 people late last week drew strong opposition, with residents from Doane Avenue saying the proposal would affect the quality of life. The Planning Board will. send a report to the City Coun· cil, which has the final sayan the request to change the zon- ing from "Industrial B" to "Residence A-I" for two par- cels east of Silver Street and South of Doane Avenue. The land is near the Agawam Re- gionalIndustrial Park. Planning Board members Michael Morassi and Mark R. Paleologopoulos voted against recommending the zone change, while Chairman Tra- vis P. Ward and "member Elaine V. Awand voted in fa- vor. "I've been 50·50 on this for quite a while," Ward said. But Ward said the property Please see Zone, Page (2 '-2@!Til®~ ]planners divided I I i I Continued from Poge (1 is "legally landlocked," which means it cannot be used for in- dustrial purposes because there is no legal access. The only way to develop the land is to change the zoning for resi- dential purposes, said Ward, echoing comments made by Deborah S. Dachos, director of the office of Planning and Community Development. Dachos said she would al- most never recommend changing an industrial zone to a residential zone because of the loss of tax revenues generated by future business- es. But in this case, she recom- mended the change. "This is the only way it could be used," she said. Residents on D.o. ane Ave-r' t 'L I nue, as they did at a City Council hearing on Monday, raised concerns about traffic safety and the effect on the en- vironment if the property is subdivided. Morassi and Paleologopou- los said they shared some of those concerns. Developer J. Kirk Mac- Naughton, of Aspenwood As- sociates LLC, of East Granby, Conn., said his proposal would make the neighborhood safer. He proposes adding a street that would connect with the cul-de-sac end of Doane Ave- nue. "Most towns would prefer to see two ways out of a street," he said. The City Council did not take action on Monday be- cause it was awaiting a report from the Planning Board. 9 PRESIDENT . Gina M Letellier VICE PRESIDENT Cecilia P. Calabrese COUNCILORS George Bilzas Paul C. Cavallo Jill S. Messick Joseph Mineo Dennis J. Perry Donald M Rheault Robert E. Rossi Jill P. Simpson Robert M Young ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (413) 786-0400 Ext. 233 FAX (413) 786-9927 tGA W AM CIT~~OUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 June 17,2009 Aspenwood Associates, LLC J. Kirk MacNaughton and Gustin Caruso P.O. Box 270 East Granby, CT 06026 RE: Petition for Zone Change -Silver Street and Doane Avenue- ZC-2009-3 and TO-2009-19 Dear Mr. MacNaughton and Mr. Caruso: Please be advised that at the June 15, 2009 meeting of the Agawam City Council, your petition for zone change failed to receive a vote of two thirds of all the members of the City Council. Sincerely, Jj -/h ~P'-tfJ-. ~/fUC.11 /. .~L.iUL Gina M. Letellier, Preside Agawam City Council GMLlbb Cc: Full Council rPlanning Department , • Town of Agawam ·36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 June 5, 2009 Gina Letellier, President CeCilia Calabrese; Vice President George Bitzas, Councilor Paul C. Cavallo, Councilor Jill Messick, Councilor . Joseph Mineo, Councilor Dennis J. Perry, Councilor Donald M. Rheault, Councilor Robert E. Rossi, Councilor· Jill P. Simpson, Councilor· Robert M. Young, Councilor Agawam Town Council 36 Main Street . Agawam, MA 01001 Dear Councilors: a .<.J:> '-c:: :::;: 0 ;::.. ::E: ec W ~ ~ ( -' --·CJ .... :r>:; :Ec >r 3:<: 3::;0 :: ... S- (f> U1 =-~ c r' On June 4,2009, the Agawam Planning Board closed the public hearing onthe Silver Street zone change request by Aspenwood Associates LLC. There was lengthy discussion on the item. Some of the points raised by both the proponent, residents, Planning Board members and staff included: . the proposed zone change to residential would result in a less intensive use of the property with less impacts on abutters than industrial development; . .. looping of the roadway and utilities would result in improved health and safety for Doane A venue residents; the proposed site does not havelegai access to a public way due to the existence of the split zone; . there appears to be a high water table on the property as well as steep slopes, wetlands and protected speCies; could all of Agawam's Subdivision Rules and Regulations be met if a new residential road was propo~ed for the property? • -2- additional homes will present a tax burden on the Town; new school children will tax the school system; • Agawam needs to maintain all of its industrial land. The taxes generated by industrial development help to support necessary Town services; due to the inability to use the property under current zoning, owner may seek a tax abatement; poor visibility when exiting Doane Avenue creates a dangerous situation; development of the Aspenwood Associates LLC site, cutting of the obstructing vegetation, may improve the visibility; abutters are now using the property for recreating and gardening, as well as disposal of yard waste and trash; should the residentially zoned portion of the property be changed to industrial so that the site could be used for industrial purposes? due to the existence of steep slopes and wetlands, residential development would be far less dense than that on Doane A venue. Upon conclusion of the public hearing and after discussing the many issues raised, the Planning Board's vote on a motion to send a negative recommendation to the Town Council resulted in a deadlock with two in favor of the motion (Paleologopoulos & Morassi) and two opposed to the motion (Ward and Awand). If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, 7~ p. CJ~ /)$» Travis P. Ward, Chairman AGA W AM PLANNING BOARD cc: Town Clerk, Town Solicitor, File • • The followingl'\,gawam residents are against the zone change from Industrial B to residence A I submitted by J.Kirk McNaughton of East Granby, CT . The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres@ including wetlands. . We respectfully request the Agawam planning board give a negative recommendation to the town council. • ••• • .'. The followingAgawam residents are against the zone change from Industrial B to residence A I submitted by J.Kirk McNaughton of East Granby, CT . The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. • • The followingAgawam residents are against the zone change from Industrial B to residence Al submitted by I.Kirk McNaughton of East Granby, CT . The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. • • The followingAgawam residents are against the zone change from Industrial B to residence Al submitted. by I.Kirk McNaughton ofEss! Granby; cr . The land is 10cate4 on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. • • The followingAgawam residents are against the zone change from Industrial B to W residence AI submitted by J.Kirk McNaughton of East Granby, CT. The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town counci I. • • (f) The followingAgawam residents are against the zone change from Industrial B to residence Al submitted by J.Kirk McNaughton of East Granby, CT . The land is located on the south side of Doane A ve.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. .. . -. YI ~vesre\rJ D(l f4 bAIiJ"t)Irv) q I western () r . .A:P/.,LXl1Y) "/ F J0 Ecl,(irc:t! C{VQ · A:5r1C<.C 3 ~ F''C.~~eM __ ~~ f\ ~'fJv/;L '] 9 1-/v·"t;""7 LA fi.j 4t-v4V'-> l"l • The followingAgawam !dents are against the zone change frO!dustrial B to W residence Al submitted by J.Kirk McNaughton of East Granby, CT . The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town_council. J ,Go ~Lc2.c d,f&c..-M'\ _Ivl _ . U;J~'$.-~.-----~ tfu:p;L-~ -.h t4h';''''<''7('~ /-Itf.nr.ll'l-7 -·-I!(·~'::.-----_.-._-,/ nL-ef4z .. ~t'/ '(-/ ~ . ~ .~~'Lc . 3j (ac9<r",:~"w"", """,' . tu . ~~.221-~~~~nVL ··-. ~~ .. llf 1tZ-i ~~hi~:- ~llrJ7u -~Cl ~ ()~hJ~i\\-vrc'C;\1t+ 0 ~. -. A ~ w({\~ MA-. --. .. . ...._. _._- -.. ~ .. .. . _....-..... --_ ... -_ .. _-.... ---.. ..-.... . .. -_ .. _ . . ~~ ikM ....• 1([Jk;5."iJJOiJj-I+Z:alt;~~_: ~~-?~ L /Jld/~;i)J;e.,.~ !~ rf _~ /,.,/-'1/ . __ .. ____ .. _ ~~Jk~·3? ~cyerp s:.l;. .145" ~ o,-.~_ •.•. . 1.;+Yif?t/~44U ~~~~~-a~ ~~-Z1--~"~~lY_ ~~1 ~ OUJV~ jL{ .. 0rlj h+ . S+-... !4j cz., .. j-\\~.\,--~ cf-11?";'5V\kt~{tb ·. W&~ .... ~. 7flJ.A,J/~/i .' /. ~~-tlA-. 7;-:G~<JfJs-r-q~ -p :f ., · , \ , . t, ',.1. ~:;: ... , ~~', ~.:}. : ..... .".,"'. ", ,'~ ....., . . , J ___ ____ /, ) I Y ./ ',J L .' • • Raymond E. & Marilyn A. Desrosiers 125 Doane Avenue Agawam, MA 0 100 I May 26, 2009 Travis Ward, Chairman Agawam Planning Board 36 Main Street Agawam, MA 01001-1837 Dear Mr. Ward: Please be advised that my wife and I have a written agreement with Aspenwood Associates LLC to sell the parcel ofland on our property that would allow access to the property Aspenwood is seeking to rezone. If you require additional information, our phone number is 786-0345. Thank you. Sincerely, ~~ Raymond E. Desrosiers 0~c;lJ)~ Marilyn A. Desrosiers cc: Aspenwood Associates LLC MAY 2 72009 PLANN,,~J BOAAQ • • • • Town of Agawaro . 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 May 22,2009 Gina Letellier, President Cecilia Calabrese; Vice president George Bitzas, Councilor Paul C. Cavallo, Councilor Jill Messick, Councilor . Joseph Mineo, Councilor Dennis J. Perry, Councilor Donald M. Rheault, Couricilor Robert E. Rossi, Councilor· Jill P. Simpson, Councilor Robert M: Young, Councilor Agawam Town Council 36 Main Street . Agawam, MA 0 I 00 I Dear Councilors: -..,.. . N At its duly called meeting held on May 21,.2009, the Agawam Planning Board voted 4-1 to continue· its public hearing on the Zone Change request of AspenwoodAssociates onSilver Street to June 4th. There were many abutters in attendance who expressed concernS over tlW proposal. Mr. McNaughton, Manager of Aspenwood Associates LLC represented to the Board that he has a contract with the property owner 'at the end of Doane Avenue to purchase land to provide a second means of access to this parcel. The Board has asked for proof of that contact Also, attached for your information is the Planning Department's review of the proposal. !fyou have any questions, pleasecontactthis office at 786-0400, extension 283. . Sincerely,' ~" IA' 01.. .. /./ <-i-A--<--4 . ~ Travis Ward;Chairman . AGAWAM PLANNING BOARD cc:Town Clerk, Town SoliCito~, File The fOllowingAgaWamtidents are against the zone change frOlndustrial B to residence A I submitted by J.Kirk McNaughton of East Granby, CT . The land is locate\l on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. I i .1 I I I The fOllowingAgawa!sidents are against the zone change fr!ndustrial 8 to residence Al submitted by J.Kirk McNaughton of East Granby, CT. The land is located on the south side of Doane Ave.and encompasses approximately 17 plus or minus acres including wetlands. We respectfully request the Agawam planning board give a negative recommendation to the town council. • • ASPENWOOD ASSOCIATES LLC P.O. BOX 270 EAST GRANBY, CT 06026 TELEPHONE (860) 653-9327 FAX (860) 653-4908 Email: Kirk@MacNaughtonRE.com Deborah S. Dachos, Director Office of Planning & Community Development Town of Agawam 36 Main Street Agawam, MA 01101-1837 May 8,2009 Re: Petition for Zone Change, Silver Street and Doane Avenue Dear Ms. Dachos, Please be advised that Aspenwood Associates LLC is the current owner of the former Blue Sky Builders (dba Bums Builders) Property on Silver Street that is one of the 2 parcels that are the subject of the above referenced to petition. Title was conveyed to Aspenwood Associates LLC by Quitclaim Deed recorded April 17, 2009 at the Hampden County Registry of Deeds in Book 17746, Page 290. A copy of the deed is attached for your records. I am the Manager of Aspenwood Associates LLC and have been appointed to act as their agent and on their behalf in connection with the above referenced petition. Please feel free to contact me with any comments or questions. Sincerely, J Kirk MacNaughton ... ~. . '. , ••• .J r,:;: , . .";.-•• '.: .,', 1 ~ ;;, •• " , . 'R;';" _., ... '." .' £,.', ;', ·:f:GF~vpn·' . ~ '. . ' .. ',' 'I'.' ".; MAY 1 ?, 2009 " PlANI\jj ~,~ OV;1MId. . • -' ---• , ".--, f~k 1.7746 P9291-" QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS that BLUE SKY BUILDERS, LLC, D/B/A BURNS BUILDERS, a Connecticut Limited Liability Company with a principal place of business at 10 Roll ing Green, East Granby, Connecticut For consideration paid and in consideration of LESS THAN ONE HUNDRED ($100.00) DOLLARS grant to ASPENWOOD ASSOCIATES, LLC of P.O. Box 270, East Granby, Connecticut with QUITCLAIM COVENANTS Certain real estate situated in Agawam, Hampden Gounty, Massachusetts known and numbered as 0 SilverStreet, as more particularly bounded and described on Exhibit "A" attached hereto. BEING the same premises conveyed to the Grantor herein by deed of James A. Paroline, Jr. et ux dated January 18, 2006 and recorded in the Hampden County Registry of Deeds in Book 15642, Page 533. EXECUTED AS A SEALED INSTRUMENT THIS 15th DAY OF JANUARY, 2009 BLUE SKY BUILDERS , .~:I' it . ..• ,. -•. . D1B1A . BURNS BUILDERS BytM&~ . IR MACNAUGHTON, Its Manager THE COMMONWEALTH OF MASSACHUSETTS Hampden, ss. On this 15'h day of January, 2009, before me, the undersigned notary public, personally appeared J. KIRK MACNAUGHTON, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document and acknowledged to me that he sign . voluntarily for its stated purpose as Manager of Blue Sky Builders LLC, d/ a Burns Build rs . . Donna L. Wexle , Notary Public My commission expires: 11/27/09 , • • Exhibit "A" The land in Agawam, Hampden County, Massachusetts, being known and designated as Lot "C" as shown on a plan of land entitled "Division of property, Agawam, Massachusetts for James A. Paroline, Jr. dated April 12, 2001 " and recorded in the Hampden County Registry of Deeds on June 18, 2001 in Book of Plans 321, Page 76, to which plan reference may be made for a more particular description. Containing approximately 16.30 acres more or less. SUBJECT TO Order of Conditions to Agawam Conversation Commission recorded in the Hampden County Registry of Deeds in Book 10827, Page 273. SUBJECT TO a twenty (20) foot wide drainage easement as set fort in a Deed recorded in the Hampden County Registry of Deeds in Book 10248, Page 596. This lot contains certain are-as 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 sailor debris or the building of bridges is permitted within one hundred (100) feet of the designated wetlands are.~s'6r, within 200' 6f the designated river without specific approval granted . by the Conservation.e9tUmio;sion. .,.,' . .• • 'to •• ('~'L<t\:; ~";t .. , ".-. ---~? ~ .. /~}-:rr!r''''--. --:. ~ _.,.. -. , ' . • . ~\ ~: ': "toE[) j ." : " ..... ·"4 ' .. " .. , DONALD E. ASHE, REGISTER HA~fDEN COUN~Y REGISTRY OF DEEDS . .. • ... I .' .' " .'. .. " ., J',. " .,-" •• 1 ·1 May 8, 2009 Deborah S. Dachos, Director Office of Planning & Community Development Tow of Agawam 36 Main Street Agawam, MA 01001-1837 Ms. Dachos; • Gustin Caruso 78) Osprey Dr., Port Orange, Florida 32127 Sarah Whitman '. 20 Sedgefield PatJ.!, S. . .. " Palm Coast, Florida 3~ 126 . Cynthia Rimek 908 Main St., Lakeland, Florida, 33813 We are the owners of the property known as Map H6, Block I, Lot 4, a seven (7) acre parcel ofland located on Doane Avenue. This parcel ofland is located partially in the Residence A-I zone and partially in the Industrial B zone. We. are joining with Mr. Kirk MacNaughton of Aspenwood Associates in petitioning the Town ~o grant a z.one change for the portion of our property currently zoned Industrial B, requeSting that. it be rezoned to the Residence A-I zone. . ... . We hereby grant Mr. MacNaughton the right to act as our age~tin connection with t~is petition. . Sincerely, ~3GC __ Gustin Caruso RECE!VEO MAY 142009 PLANNING BOAHlJ' • • FAX COVER SHEET G&F SERVICES, INC. ARCHITECHTURAL DESIGN AND DRAFTING 781 Osprey Drive Port Orange FL 32127 (386) 767-8506 FaI (386) 767-1557 E-Mail Fcaruso444@AOL.com Ie 39\1d S30II\~3S .:l9 -. TO: FROM: DATE: RE: .'. • ·T.own of Agawam 36 Main Street Agawam, MaS!lacbusetts 01001-1837 . TeL 413-786-0400 Fax 413-786-9927 Mayor Susan Dawson; Fire ChiefMartin;Alan Sirois, Deputy Chief, Scott Mitchell, Fire Inspector; Police Chief Campbell; Sgt: Rick Niles. Safety Officer; -Jock Stone, DPW Superintendent; Chris Golba, Dcpuly Superintendent; Nick Urbinati, Inspector of B4ildings; Mike Chase, Town Engineer; Randy White, Health Director; ADA Committee. . . Deborah S. Dachos, Director Office of Planning & Community Development May 5, 2009 . Team Meetipg DATE: TIME: LOCATION: AGENDA Tuesday. May 12,2009 1:00 PM Agawam DPW Meeting Room 1000 Suffield Street Agawam, MA 01001 1. Site Plan -Six Flags New England -Viewing Screen 2. . Zone Change -Silver Street -Aspenwood Associates LLC 3. Zone Change ~ Mark Drive -Langone, Pelley, Olbrych S3JII\~3S .:l~ • May 8, 2009 Deborah S. Dachos, Director •• Gustin Caruso 781 Osprey Dr., Port OraDge, Florida 32127 Sarah Whitman 20 Sedgefield P 8th, S. Palm Coast, Florida 32126 Cynthia Rimek 908 Main St., Lakeland, Florida, 33813 Office of Planning & Community Development Tow of Agawam 36 Main Street Agawam, MA 01001-1837 Ms. Dachos, We 'are the owners of the property known as Map H6, Block 1, Lot 4, a seven (7) acre parcel ofland located on Doane Avenue. This parcel ofland is located partially in the Residence A-I zone and partially in the Industrial B zone. We are joining with Mr. Kirk MacNaughton of Alpenwood Associates in petitioning the Town to grant a zone change for the portion of our property currently zoned Industrial B, requesting that it be rezoned to the Residence A-I zonc. We hereby grant Mr. MacNaughton the rigbllo act as our agent in connection with this petition. Siocerely, ~5G~ Gustin Caruso ,""" ................. ~ .j> ••••• _'<' ..... ""'" l ~ ,. .W • I/Y 00III6SIlIt I DO 181113 ~ EXI'1RES: .ur 21. 2012 ">. .. ., ... :;.9" _1101 __ _ .- EB ~\1d S3:lII\~3S .£) LSS1L9LI>B& • • Town of Agawam 36 Main Street Aga\\'am, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROi\1 : DEBORAH S. DACHOS, DIRECTOR . OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGE REQUEST -ASPENWOOD ASSOCIATES LLC and LOUIS , . W. CARUSO & MURIEL CARUSO-SILVER STREET DATE: May 5,2009 On April 23, 2009, the Planning Board received a request for a zone change' from Industrial B to Residence A-Ion two parcels of land. One parcel is located on Silver Street, cOIitains 12.21 acres and is prcsently owned by Blue Sky Builders LLC DBA Burn. The second parcel is located on Doaile A venue and is owned by Loui s W. and Muriel CalUso. The parcel.is 7 acres in size, of which, 4.896 acres would be affected by the pro posed zone change. . . To assist in your review of thi·s request, I have attached a number of additional pieces of infonnation. I have attached a copy of the Assessor's map showing each partel as they are listed. for tax purposes, the tax card infonmition, a map showing the zoning in ihe vicinity of the property and the request as submitted by the applicant. Land Use and Zoning The two properties are located to the south of Doane Avenue. With the exception of the Doane Avenue residential subdivision, all the land bounded by Silver, Shoemaker and Suffield Strects is' . zoned Industrial B. The Domie.Avenue al:ea is zoned Residence A-I (Please see the zoning map.). Under·the present Industrial B Di strict the following uses are allowed: ( Please refer to ISO-55 of the ZOlling Ordinance which is attached.) A. . Any business or agricultural use pennitted in an Agricultural, Business A or Business B District. • • 8. Any industrial purpose except those contained in the following list, which may be allowed only after a public hearing before the Board of Appeals: (1) acetylene gas, cyanide compound or oxygen manufacture. (2) asphalt manufacture or refining (3) chlorine or bleaching powder manufacture. (4) creosote manufacture (5) distillation of coal or wood (6) drop forge shop (7) explosives, fireworks or ammunition manufacture (S) fertilizer manufacture (9) fumigation plants (10) glue or size manufacture from fish or animal offal (II) gypsum, cement, plaster or plaster of paris manufactUre . (12) incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis, except where controlled by the town (13) junkyards, storage, scrapping of autos and parts and the salvage thereof (14) linoleum manufacture (15) match manufacture (16) paint and laquer manufacture (17) petroleum refining and the bulk storage or petroleum products (1S) plastic manufacture (19) rest homes (20) rubber, natural or synthetic or gutta-percha manufactured from crude or scrap material (21) secondhand lumberyards and secondhand material yards (22) sewage disposal plant, except where controlled by the town (23) soap, tallow, grease or lard manufacture (24) slaughterhouse (25) sulfurous, sulfuric, nitric or hydrochloric acid manufacture (26) tannery (27) tar or asphalt roofing manufacture (2S) tar products manufacture (29) tire recapping or retreading (30) trucking terminals (31) all other enterprises or uses commonly regarded as hazardous or offensive If the zoning is changed from Industrial B to Residence A - I the following uses would be allowed: (please refer to Section ISO-17 of the Zoning Ordinance which is attached): A. A one-family dwelling for one housekeeping unit only. 8. The office of a physician, surgeon, dentist or lawyer residing on the premises. C. Town buildings, county, state and federal buildings, playgrounds and parks and such • • accessory buildings as may be ordered by the Board of Public Officers or Town officials having charge of the land upon which such accessory buildings are or will be erected. D. Real estate signs. E. Cemeteries adjacent to or in extension of existing cemeteries and crematories. F. Accessory uses customarily incident to any use or building permitted by this section. G. The keeping and raising of poultry, livestock and pigeons H. Private garages, provided that no business, service or industry is conducted therefrom or therein. The minimum lot size in Residence A-I is 17,000 square feet with a minimum frontage of 125 feet. Subdivision Considerations Agawam Subdivision Regulations prohibit dead-end streets which are greater than 500' in length. If a road were to enter the property from Silver Street, it would need to be at least 800' long to access the buildable portion of the site. According to the Town's Assessor's Maps, there is minimal frontage for the Caruso property on Doane Avenue. The property line shown on the parcel owned by Raymond E. and Marilyn A. Derosiers is not shown on the Town's maps. Proof of its existence must be provided. Environmental Considerations The Agawam Conservation Commission approved a wetlands delineation on the Blue Sky parcel in 1996. A copy of this delineations has been attached for your information. The delineation shows that the property is bisected in a number oflocations by intermittent streams which are located on the floor of deep gullies. For the most part, the northerly portion of the parcel is approximately 30' higher that the floor of the gUllies. The parcel does contain a large flat area on its east side, approximately 900' from Silver Street. The Carusso parcel also appears to be relatively flat. The entire site is shown on the Natural Heritage Priority Habitats and Estimated Habitats Map (October 1, 2008). Any development of the property will require extensive field research and filings with the Natural Heritage Program. The rule of thumb is that, if a protected species is found on the property, two-thirds must be left undeveloped. . Conclusion The property for which the zone change is being requested represents some significant development constraints whether used for industrial or residential purposes. They include: limited frontage, steep slopes and wetlands, potentially protected species and existence of two very different zoning designations. In addition, the only access to the Blue Sky parcel is through a residential zone. Under • • State law, you can not access a less restricted zone through a more restricted zone. In other words, you could not provide an access road to industrial land through a residential zone. Given these constraints, residential use would be the only feasible use of the property. Usually it is undesirable to have residential development adjacent to industrially zoned land. However, the property in question is physically separated from the remaining industrially zoned property by steep slopes and wetlands. • • PARCEL MAP Print , SHALLOW ~ • Parcel 10: H6 1 21 • .. 9· .,..~¢.. • _""l/I ~. ",0-"; ~ .'~/. • • • M ~ ••. ,r . . . ---t OPEN WATER ,,,. .......... -..... ., • 4".. ' ....... . OOANE AVE • ...... ,..a.ea ...... -· ... ·•• ~r ~~ .-.. '~ t., OR FEN ,,: ... ...,. X • .. "', -., , WOODED SWAMP DECIDUOUS ." . • .... ". ., .. • • .. • IS .. --.... ~ l ... of ... ~" • Date: 5/04/09 836 Owner: BLUE SKY BUILDERS LLC DBA BURN Resource Map Parcel Address: SILVER ST o I ! Scale: 1"-836' (1:10032 Page 1 of I • 1672 Feet I http://hosting.tighebond.comJagawam!print.aspx?maptype=4&image=http%3a%2f"102fproje... 5/4/2009 Print • Parcel 10: H6 1 21 Owner: SLUE SKY BUILDERS LLe DBA BURN Interactive Map Parcel Add ress: SILVER ST • Page I of I Date: 5/04/09 o 836 1672 Feet Scale: 1"=836' http://hosting.tighebond.com/agawamlprint.aspx?maptype=5&image=http%3a%2f1'102fproje... 5/4/2009 • • ZONING MAP Print • 1 H6 1 21 • • AG • Parcel 10: H6 1 21 Owner: BLUE SKY BUILDERS LLC DBA BURN Zoning Map Parcel Address: SILVER ST 19 • • o Dote: 5/04/09 836 Page I of I • 1672 Feet http://hoting.tighebond.com/agawarnlprinLaspx?rnaptype=3&irnage=http%3a%2f%2fproje... 5/4/2009 • • PETITION FOR ZONE CHANGE • • ASPENWOOD ASSOCIATES LLC P.O. BOX 270 EAST GRANBY, CT 06026 TELEPHONE (860) 653-9327 FAX (860) 653-4908 Email: Kirk@MacNaughtonRE.com THE TOWN COUNCIL AGAWAM, MASSACHUSETTS APRIL J 6, 2009 THE UNDERSIGNED RESPECTFULLY PETITIONS; ... co -. -' ~ )'::... :I: . :I: :;> ~ ~ = V> = " ..." 1""1 >-("") -0 -i = 0 0-:z: V> 'D 1""1 ::0 -< .. 0 ("") <J> 1""1 c.n That the Town Council grant a Zone Change for the Subject Property from "Industrial B Zone" to 'Residence A-I Zone". The subject Property is located on the Easterly side of Silver Street, Southerly of Doane Avenue. (See attached location map). The Subject Property is a portion of two separate parcels, the former Blue Sky Builders LLC parcel and the Caruso parcel, as shown on the accompanying survey plan. Each of these parcels are located partially in the Residence A - I Zone and partially in the Industrial B Zone. The access to the Subject Property, off of Silver Street, is through the portion of the Property that is zoned Residence A-I. . The proposed zone change will place all of both parcels into the same zoning district and will bring the zoning of both parcels into conformance with the Residence A - I access to the parcels. Also attached is the legal description of the Subject Property. Sincerely, J Kirk MacNaughton Manager ill :01 '\j II lldV BOO! :V.~.';\~l¥~Vf!l~ '. :1~I.,H!O ~I .. ;:, rn 1 h·'· "MI • • DESCRIPTION OF PROPERTY FOR ZONE CHANGE Beginning at a point at the northeast comer of land NIF J. & D. Paroline thence running N89-41-06E for a distance of 1289.32 feet to a point; thence running S07-32-12E for a distance of617.59 feet to a point; thence running N69-49-01 W for a distance of 180.69 feet to a point; thence running N81-59-37W for a distance of 168.93 feet to a point; thence running S86-34-25W for a distance of90.60 feet to a point; thence running S89- 02-20W for a distance of 1086.15 feet to a point; thence running N22-25-006E for a distance of249.43 feet to a point; thence running N08-43-07E for a distance of 316.00 feet to the point and place of beginning. Said described land contains 17.106 acres. T9wn of Agawam • A ~'ii,wam ~ Web Mappinlf " '",i..., ,.1 , , , " ~"" . ", ,,.' .. '- , Page I ot 2 '-"'~---." , , ,. ", :", .. • -: • • ASSESSOR'S INFORMATION Unofficial Property Record C_ • Unofficial Property Record Card -Agawam, MA General Property Data PareellO H61 21 Prior Parcel 10 LOT C - BLUE SKY BUILDERS LLC DBA Property Owner BURNS BUILDERS Mailing Address 10 ROLLING GREEN City EAST GRANBY Mailing State CT Zip 06026 ParcelZonlng RA Account Number Property Location SILVER ST Property Use LAND Most Recent Sale Date 1/18/2006 Legal Reference 15642-533 Grantor PAROLlNE,JAMES A Sale Price 127,000 Land Area 16.300 acres Current Property Assessment Page I of I Card 1 Value Building Value 0 Xtra Features Value 0 Land Value 175,100 Total Value 175,100 Building Style # of Living Units 0 Year Built N/A Building Grade Building Condition Average Finished Area (SF) NIA Number Rooms 0 # of 3/4 Baths 0 Building Description Foundation Type Frame Type Roof Structure Roof Cover Siding Interior Walls N/A # of Bedrooms 0 # of 1/2 Baths 0 Legal Description Narrative Description of Property Flooring Type N/A Basement Floor N/A Heating Type N/A Heating Fuel N/A Air Conditioning 0% " of Bsmt Garages 0 " of Full Baths 0 # of Other Fixtures 0 This property contains 16.300 acres of land mainly classified as LAND with a(n) style building, built about N/A, having exterior and roof cover, with 0 unlt{s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 hatf bath(s). Proper1] Images Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. http://agawam.patriotproperties.com/RecordCard.asp 5/512009 Unofficial Property Record C_ • Unofficial Property Record Card -Agawam, MA PareellD H61 4 Prior Parcel 10 2170- Property Owner CARUSO GUSTIN Mailing Address 781 OSPREY DR City PORT ORANGE Mailing State fL Zip 32127 ParcelZonlng RA2 General Property Data Account Number Property Location DOANE AV Property Use LAND Most Recent Sale Date 12/3/2007 Legal Reference 17053·556 Grantor CARUSO LOUIS W, Sale Price 10 Land Area 7.000 acres Current Property Assessment Page I of I Card 1 Value Building Value 0 Xtra Features Value 0 Land Value 89,300 Total Value 89,300 Building Style N/A "of Living Units N/A Year Built N/A Building Grade N/A Building Condition Average Finished Area (SF) N/A Number Rooms 0 # of 3/4 Baths 0 Building Description Foundation Type NfA Frame Type N/A Roof Structure N/A Roof Cover N/A Siding N/A Interior Walls N/A " of Bedrooms 0 " of 1/2 Baths 0 Legal Description Narrative Description of Property Flooring Type NIA Basement Floor N/A Heating Type N/A Heating Fuel N/A Air Conditioning 0% # of 8smt Garages 0 "of Full Baths 0 , of Other Fixtures 0 This property contains 7 .000 acres of land mainly classified as LAND with a(n) NJA style building, built about N/A • having N/A exterior and N/A roof cover, with N/A unlt(s), 0 room(s), 0 bedroom(s'. 0 bath(s), 0 half bath(s). Prope~ Images Disclaimer: This information Is believed to be correct but is subject to change and is not warranteed. hnp;//agawam.patriotproperties.comlRecordCard.asp 5/5/2009 , i i . · II I :1 I II · I ~ a~ · il I . , i , f • i ' ! I ! ~ . i"l , : 1 • l , • f I ' I . ·1 I • • ZONING ORDINANCE SECTIONS • • § ISO-52 AGAWAM CODE § ISO-55 § 180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-6] No lot shall have a frontage of less than 100 feet on a street or an area less than 10.000 square feet. § 180-53. Landscaping. To assure that structures in Business B Districts shall be reasonably attractive in appearances. the builder or his representative shall submit to the Planning Board. in addition to other requirements. an architect:~ rendering or comparable illustration of the planned construction. including landscaping. prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings. no permit for a business building shall be issued. nor shall an occupancy permit be granted. unless and until the fini shed structure conforms in appearance to the drawing submitted. § 180-54. Lumberyards; residences; gasoline stations. A. Secbndhand lumberyards and secondhand buildings material yards are prohibited. B. No building or other structure shall be erected. altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided. however. that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE X Industrial District A § \80-55. Permitted uses. [Amended 11-9-1994 by TOR-94-7 7] In any Industrial District A as indicated on the Building Zone Map. no building or other structure shall be erected. altered or used and no land shall be used or occupied for 'Illy purpose except one of the following: A. Any business or agricultural use permitted in an· Agricultural. Business A or Business B Dislrict. B. Any industrial purpose. except those contained in the following list. which may be allowed only after a public hearing before the Board of Appeals: (I) Acetylene gas. cyanide compound or oxygen manufacture. (2) Asphalt manufacture or refining. 7. Editor's Note: This ordinance provided for the repeal or former Subsection A and the rcnumllt~ring of furmer Suhsections nand C (0 A and n, rcspl'C:livrly. ISO:40 05·15·2006 • • § 180-55 ZONING § 180-55 (3) Chlorine or bleaching powder manufacture. (4) Creosote manufacture. (5) Disti llation of coni or wood . . (6) Drop forge shop. (7) Explosives, fireworks or ammunition manufacture. (8) Fertilizer manufacture. (9) Fu migatio n plants. (10) Glue or size manllfacture from fish or animal offal. (II) Gypsum, cement , plaster or plaster of paris manufacture. (12) Incineration or' reduction of or dumping of offal, garbage or refuse on a commercial basis, except where controlled by the Town . • (13) Junkyards, storage, scrapping of autos and parts and the salvage thereof. (14) Linoleum manufacture. (15) Match manufactu reo (16) Paint and lacquer manufacture. (17) Petroleum refining and the bulk storage of petroleum products. (18) Plastic manufacture. (19) Rest homes. (20) Rubber, natural or synthetic or gutta-percha manufaclUrcd from crude or scrap material. (21) Secondhand lumberyards and secondhand material yards. (22) Sewage disposal plant, except where controlled by the Town. (23) Soap, tallOW, grease or lard manufacture. (24) Slaughterhouse. (25) Sulfurous, su lfuri c, nitric or hydrochloric acid manufacture. (26) Tannery. (27) Tar or asphalt roofing manufacture. (28) Tar prod ucts manufacture. (29) Tire rccapping or retreading. 180:41 07 . 01 . 2UOI'I 11 \ I ~ I I' 'I , 'I , , 'I • • § ISO-55 AGAWAM CODE § ISO-60 (30) Trucking terminals. (31) All other enterprises or uses commonly regarded as hazardous or offensive. (32) Assisted living facilities as defined in MGL c. 190. [Added 3-20-2006 by TOR-2006-ll § 180-56. Heigbt regulations. Industrial buildings shall not exceed two stories or 40 feet in height, except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to required equipment appurtenant to industrial buildings, except that smokestacks, water tanks. grain elevators and the like are not permissible except after approval of the Board of Appeals after a public hearing. § 180-57. Setbacks; yards. [Amended 4-7-1986 by TOR-86-6l ,A. Setbacks shall be at least 40 feet wide in their least dimension. B. Side yard and rear yard requirement shall be a minimum of 25 feet. However, there shall be a side yard and a rear yard between a street and the parts of a building nearest to such street to be no less than 40 feet, but facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises and entirely off the traveled way. § 180-58. Lot coverage. [Amended 4-7-1986 by TOR-81i-li] No business or industrial building shall be erected or altered so as to cover more than 50% of the area of the lot on which it is located. § 180-59. Lot size. [Added 4-7-1986 by TOR-86-li] No lot shall have a frontage of less than 100 feet on a street or an area of less than 40,000 square feet. § 180-60. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts shall be reasonably attractive Ill' appearance, the builder or his representative shall submit to the Planning Board. in addition to other requirements, an architect's rendering or comparable illustration of the planned constructions, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for an industrial building shall be issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance to the drawing submiued. IS0:42 07 -01 • 200M • • § 180-60 ZONING § 180-60 B. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-7J 180:42.1 07. Ot· 2008 II ., " • • § 180-60 ZONING § 180-65 C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer:s permit shall be governed by the provisions of such permit. § IS0-61. Boundaries. ARTICLE XI Industrial District B Industrial B Districts shall be that area bounded by Suffield Street, Silver Street and Shoemaker Lane zoned Industrial at the Tow", Meeting of December 10, 1957, and those areas zoned Industrial B on or after the Town Meeting of December 10, 1957. § IS0-62; Permitted uses. Permitted uses shall be all uses permitted in Industrial District A. , § 180-63. Height regulations. Industrial buildings shall not exceed two stories, 40 feet in height, except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to required equipment appunenant to industrial buildings, except that smokestacks, water tanks, grain elevators and the like are not permissible except after approval of the Board of Appeals after a public hearing. § ISO-64. Yards; setbacks; loading areas. A. Back and side yards shall be a minimum of 25 feet. B. Front setback shall be a minimum of 75 feet. C. Loading platform, and employee parking areas shall be at the rear and side of all buildings. § IS0-65. Lot size; lot coverage. A. No lot shall have an area less than 43,560 square feet, one acre, on which a building may be constructed for industrial USC;, except with approval of the Board of Appeals relative only to previously filed lots whose area is less than one acre; provided that the file lot does not abut an additional parcel owned by the same owner which if combined would meet with the one-acre require ment of this section. B. Except for office, professional or administrative buildings, no building shall be less than 5,000 square feet in area. C. No lot shall have frontage of less than 100 feel on a street line; however, this frontage requirement shall not apply to lots established by a deed or plan recorded in the 180:43 <15 -t5 -2<106 I I" ", • • § 180-65 AGAWAM CODE § 180-67 Hampden County Registry of Deeds prior to the first notice of the public hearing on this subsection amendment (March 3, 1994) if, and only if, said parcel of land was not held in common ownership with sufficient adjoining parcels of land on the date of the first notice of public hearing on this subsection amendment (March 3, 1994) to satisfy, in combination, the required 100 feet of frontage on a street line. [Added 5-2-1994 by TOR-94-5] § 180-66, Landscaping; residences; gasoline slations, A. To assure that structures in industrial districts shall be reasonably allracti ve III appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submilled to the Inspector of Buildings, no permit for an industrial building shall be issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance 10 the drawing submillcd. B. The fro nt of the building must be faced with either brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls or glass wall construction and have an attractive appearance. C. All buildings in an industrial zone shaU be appropriately landscaped with lawns, shrubs and trees. D. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-7] E. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline lilling station having an automobile dealer's permit shall be governed by the provisions of such permit. * 180-67, Purpose, ARTICLE XII Floodplain Zone [Added 1-30-1978] The Floodplain Zone and the regulations herein have been established for the following purposes: 10 protect and preserve the wHlercourses and their adjoining noodplain; to reduce the hazards of noods upon the public health, safety and general ·welfare; to protect noodplain occupants from a 1100d that is or may be caused by their own land use and that is or may be undenaken without full realizHlion of the dangers therein; to protect the public from the burden of extraordinary ronancial expenditures for Ilood control and relief; and to protect the capacity of the noodplain to "bsorb, transmit and store runoff to assure retention of suffIcient flood way area 10 convey nows which can re"sonably be expected 10 occur. 180:44 05 -15 . 200fi • , • ,. • • § 180-16.1 AGAWAM CODE § 180-17 set forth In MGL c. 40, § 21 D, as amended from time to time, thal IS, non-criminal disposition. Fines issued pursuant to § 180-16.1 shall be as follows: (I) First offense: $25. (2) Second offense: $50. (3) Third offense and each subsequent offense: $100. B. Each day on which a violation exists shall constilUte and be deemed a scpamte offense. § 180-17, Permitted uses, ARTICLE II Residence A -J Districts In a Residence A-I District as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any • purpose except one or more of the following: A. A one-family dwelling for one housekeeping unit only. B. The office of a physician, surgeon, dentist or lawyer residing on the premises. No di splay, sign or other advertising device shall be permilled excepI an inlerior illuminated, refleclive or nonilluminaled professional nameplate having an area of not more than 144 square inches. C. Town buildings, county, state and federal buildings, playgrounds and parks and such accessory buildings as may be ordered by Ih e Board of Public Officers or Town officials having charge of Ihe land upon which such accessory buildings are or will be erecled. D. Real eSlale signs having an area of not more Ihan six square feet advertising Ihe sale, rental or lease of the pre mises on which they are maintained. E. Cemeleries adjacent to or in extension of ex isling cemeteries and cremalories, provided Ihal such crematories are si lUaled within cemeteries. F. Accessory uses customarily incident to any use or building permilled by this seclion, provided Ihal such use of buildings shall not be offensive or dangerous 10 life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permilled in connection with such accessory uses Or building. G. The keeping and raising of poultry, li vestock and pigeons, whether raised for the lable or other purposes, or other like objectionable uses are prohibited. H. Pri vate garages, provided thal no business, service or industry is conducted therefrom or Iherein. Not more than one motor vehicle for each 5,000 square feet of 10 1 area or fraction Ihereof li p 10 a limit of five vehicles per lot shall be permitted. Space for motor vchicles shall nOl be used, leased or rented for commercial vehicles. No commercial vehicles shull be parked on a lot in the open. These space regulations shall apply 10 180:18 07·01 • 200K I i • I 'I I '. I I I I· i I ~. ~ ~. I. ~ I • • § lSI). 17 ZONING * 180-18 vehicles regularly lefl on Ihe 101. whe ther housed or in Ihe open. The presence o f more Ihan one unregislered vehicle is prohibiled.< § lSO-lB. Height regulations. A residence building shall nol exceed 2 112 Slories or more Ihan 35 feel in height. Town buildings shall nOI exceed 50 feel in height. The height provisions shall nol apply 10 chimneys , fl. Editur's N411c: Sec Ch. ]72; Vehicles, U~rcgistcrcd. 180:18.1 07 ~ UI·200H • • § ISO-IS ZONING § ISO-21 or nag or radio poles. An accessory building shall not exceed I 112 stories or 25 feet in height. § 180-19. Setback requirements. A. No part of any building shall be placed within 35 feet of any street line, and on a corner lot, except as otherwise provided in this section, no part of any building shall be created or altered so as to be less than 35 feet from any street line. B. No part of any garage or other accessory building situated within 65 feet of any street line 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 Jeet of any street line. An accessory building shall be placed at least five feet from any side lot line. C. On a corner lot, no part of any building shall be erected or altered so as to be less than 30 feet from any street line. D. When a dwelling or its attached garage is to be erected on a lot in a Residence A·I . . District adjoining a business or industrial district, the setback from the street line on which it faces need not exceed 30 feet. E. Existing open porches which are 30 feet or more from the street line may be enclosed on one or more sides with glazed enclosures. § 180-20. Yards. A. Side yards. There shall be a side yard between a principal building and each side lot line which shall be 15 feet wide in its least dimension. Detached garages or accessory buildings shall be placed at least five feet from a 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 not less than 25 feet deep in its least dimension. (2) A one-story accessory building shall be placed at least five feet from the rear lot line. A one-and-one-half·story accessory building shall be placed at least 10 feet from the rear lot line. § 180·21. Lol size. No lot shall have a frontage of less than 125 feet on a street or an nrea of less Ihan 17,000 square feet. ISO:19 05. 15 • 2006 I " " II , I I !II II " I " II I I I I r I • •• § 180-22 AGAWAM CODE § 180-23 § 180-22. 1..01 coverage. No principal bui Iding shall be erected or altered so as to cover more than 30% of the area of the 101 on which il is located. § 180-23. Permilled uses. ARTICLE III Residence A-2 Dislricls In any Residence A-2 Dislrict as indicaled on the Building Zone Map. no building or Olher SlrUCllIre shall be erected, allered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permilled in a Residence A-I Dislrict. B. A one-family del ached dwelling for one housekeeping unil only; provided, however, Ihal Ihe Board of Appeals, upon an appeal from an order or decision made by Ihe Inspeclor of • Buildings and if il deems such aClion wise and if il shall appear to Ihe Board Ihat such aClion will lend to preserve .I~e slandard and character of Ihe neighborhood, may authorize a variation in Ihe use of a one-family dwelling exisling at the time of Ihe adoplion of Ihis Arlicle so that such dwelling may be allered and improved and facililies added for a second housekeeping unit. In all such cases the pelilioner, as a condilion precedent to the privilege herein granted, shall present adequate plans selling forth the changes and improvemenls to be made and shall have secured the wrillen consent and approval of at leasl three of the following property owners: (I) The owner of Ihe 101 on eilher side of Ihe pelilioner's properly. (2) The owner of Ihe 101 adjacent in Ihe rear of the pelitioners properly. (3) The OWner of Ihe 101 direclly across Ihe slreet Iherefrom. Where Ihe pelilioner is Ihe owner of a 101 on eilher side, in Ihe rear or across from the properly for which a variation is requesled, such lot shall be omilled, in which case wrillen consent and approval shall be secured from Ihe owner of the properly next to Ihal owned by Ihe pelitioner. In case Ihere are IWO or more loIs adjacent in the rear or sides of the pelilioner's property, Ihe owner of the lot which abuts Ihe greater length on Ihe petitioner's properly shall be deemed the owner of the 101 adjacenl to Ihe pelilioners property, as used in Ihis section. 180:20 OS· IS -211116 . ' , ' , I' , , .. II !! " e · Town of Agawam ·36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 .. May 7, 2009 Dear Abutter: Aspenwood Associates LLC have submitted to the Town a request for a zone change on.· property located on ihe easterly side of Silver Street, southerly of Doane Avenue .. The property is currently zoned. Residence A-I and Industrial B. The request is to rezone the property entirely Residence A I. The Assessors Office lists you as an abutter and therefore.musfbe notified of the upcoming public hearing. The Plarui.ing Board will be holding a public hearing on this request on Thursday, May 21, 2009·at 7:15 PM. The meeting will be held aHhe Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. . Sincerely, '7~ D~~DJ!> Travis Ward, Chairman AGA W AM PLANNING BOARD TW/DSD:prk • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, May 21,2009 at 7: IS PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Aspenwood Associates LLC for a proposed zone change on property on the easterly side of Silver Street. The property is currently zoned Residence A I and Industrial B. The request is to rezone it entirely Residence A I. Copies of the proposed zone change can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam,MA. BY ORDER OF: Travis Ward, Chairman Agawam Planning Board (Ad to be run 5/7/09 & 5/14/09) cc: Planning Boards of: PYPC Southwick Springfield West Springfield Westfield Suffield, CT Dept. Of Housing & Community Development o <0 :.:It ::» -< I (Jl Parcels FAGIN ROBERT A 302 HOPKINS PLACE LONGMEADOW, MA 01106 LUCIA RAYMOND F LUCIA JOANNE PO BOX 777 AGAWAM, MA 01001 BNB LLC 6 CHARLES CT SUFFIELD, CT 06078 ROBBINS MICHAEL S RICE ANGELA A 58 DOANE AVE AGAWAM, MA 01001-2904 JONES KENNETH J JONES DELORES M 34 DOANE AVE AGAWAM, MA 01001-2904 WESTERN MASS ELECTRIC CO P.O. BOX 270 HARTFORD, CT 06141 GRIFFITH ROBERT W GRIFFITH DEBORAH ANN M 94 DOANE AV AGAWAM, MA 01001 SHERRY ROGER A SH ERRY PATRICIA A 70 DOANE AVE AGAWAM, MA 01001-2904 • SOVEROW CHARLEN E M P.O. BOX 757 AGAWAM, MA 01001 CABANA RONALD J SR CABANA NORMA I 14 DOANE AVE AGAWAM, MA 01001-2904 WESTERN MASS ELECTRIC CO P.O. BOX 270 HARTFORD, CT 06141 KIBBlE STUART KIBBlE SHIRLEY 40 DOANE AVE AGAWAM, MA 01001-2904 GAUNT DONALD TR GAU NT LUCY TR 10305 US HWY 1 SEBASTIAN, FL 32958 CARUSO GUSTIN 781 OSPREY DR PORT ORANGE, FL 32127 MASON JOANNE L 88 DOANE AV AGAWAM, MA 01001-2904 DESROSIERS RAYMOND E DESROSIERS MARILYN A 125 DOANE AVE AGAWAM, MA 01001-2905 • Page 1 of 1 GLORY DAYS REALTY L.L.C. 4 WILDFLOWER CIRCLE WESTFIELD, MA 01085 PAROLINE JAMES A PAROLINE DENICE M P.O. BOX 121 EAST RANDOLPH, VT 05041 JACOBS JOSEPH EUGENE+ JACOBS LINDA JEAN 64 DOANE AVE AGAWAM, MA 01001-2904 KIBBE STUART A JR KIBBE 5HIRELY A 40 DOANE AVE AGAWAM, MA 01001-2904 GAY MICHAEL A SR 20 DOANE AVE AGAWAM, MA 01001-2904 KEOGH HARRIET S COSIMINI RUTH L 102 DOANE AVE AGAWAM, MA 01001-2906 MARTEL WILLIAM A MARTEL JOAN B 80 DOANE AVE AGAWAM, MA 01001-2904 SILVER STREET REALTY LLC 699 SILVER STREET AGAWAM, MA 01001 http://hosting.tighebond.comlagawamlprintLabels.aspx?dist=500&pid=H6 1 21 &coords= 4/29/2009/. , • . . Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 TO: MEMO Building Inspector Safety Officer Fire Department . Health Department Conservation Commissiol). Engineering DepartmentiDPW Board of Appeals School Committee Assessors FROM: . Planning Board -y"V DATE: April 28, 2009 . PLEASE BE ADVISED THIS ITEM WILL APPEAR ON . THE MAY 12TH TEAM ~1EETING AGENDA! SUBJECT: Zone Change -Silver Street -Aspenwood Associates LLC The Planning Board has been requested by the Town Council to make a recommendation on a proposed zone change (attached) submitted by Aspenwood Associates LLLC for property on the easterly side of Silver Street, southerly of Doane Avenue from Industrial B to Residence A-I-. . The Planning Board will be holding its public hearing on this proposal on Thursday, May 21, 2009. We would appreciate any comments you may have prior to this hearing. Sincerely, . fi~ D~o--f Travis Ward, Chairman .AGAWAM PLANNING BOARD , INTEROFFICE MEMORANDUM TO: PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE FOR BLUE SKY BUILDERS DATE: 4/22/2009 Attached please find sixteen (16) copies of a zone change request received in this office on April 21, 2009. This request is for the property located between Silver Street and Doane Avenue, Agawam, Massachusetts. This item will appear on the City Council's May Agenda. Please contact me to coordinate dates for our public hearings. Thank you. RECEIVED APR Z 3 2009 PI AN!'." C : "" •• , • .""', ~t iH" U " ., , ' ,,:,.\ .. . . . -. 1Oa." ,;;t c\ o. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.-786c9927 MEMO TO: AGA W AM PLANNING BOARD FROM: DEBORAHS. DACHOS, DIRECTOR. OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGE REQUEST -ASPENWOOD ASSOCIATES LLC and LOUIS W. CARUSO & MURIEL CARUSO-SILVER STREET DATE: May 5, 2009 On April 23, 2009. the Planning Board reccived a request tor a zone change' ti'om Industrial B to Residencc A-Ion two parcels of land. One parcel is located on Silver Strcet. contains 12.21 acres and is prescntly owned by Blue Sky Builders LLC DBA BUI11. The second parcel is located on Doaile Avenue and is owned by Louis W. and Muriel Caruso. The parcel is 7 acres in size. of which. 4.896 acres would be affectcd by the proposed zone change. To assist in your review of this request, I have attached a number of additional pieces of intormation. I have attached a copy of the Assessor's map sho\ving each parcel as they are listed lor tax purposes, the tax card intol111ation, a map sholVing the zoning in ihe vicinity of the property and the request as submitted by the applicant. Land Usc and Zonin!,; The two propenies are located to the south of Doane Avenue. With the exception of the Doane Avenue residential subdivision, all the land bounded by Silver, Shoemaker and Suffield Streets is' . zoned Industrial B. The Doane.Avenue ill:'ea is zoned Residence A-I (Please see the zoning map.) Under the present Industr:al B District the following uses are allowed: ( Please refer to ISO-55 of the ZOliing Ordinance which is attached.) A. Any business or agricultural use pennitted in an Ah'ficultural. Business A or Business B District. o B. Any industrial purpose except those contained in the following list, which may be allowed only after a public hearing before the Board of Appeals: (I) acetylene gas, cyanide compound or oxygen manufacture. (2) asphalt manufacture or refining (3) chlorine or bleaching powder manufacture. (4) creosote manufacture (5) distillation of coal or wood (6) drop forge shop (7) explosives, fireworks or ammunition manufacture (8) fertilizer manufacture (9) fumigation plants (10) glue or size manufacture from fish or animal offal (11) gypsum, cement, plaster or plaster of paris manufacture (12) incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis, except where controlled by the town (13) junkyards, storage, scrapping of autos and parts and the salvage thereof (14) linoleum manufacture (15) match manufacture (16) paint and laquer manufacture (17) petroleum refining and the bulk storage or petroleum products (18) plastic manufacture (19) rest homes (20) rubber, natural or synthetic or gutta-percha manufactured from crude or scrap material (21) secondhand lumberyards and secondhand material yards (22) sewage disposal plant, except where controlled by the town (23) soap, tallow, grease or lard manufacture (24) slaughterhouse (25) sulfurous, sulfuric, nitric or hydrochloric acid manufacture (26) tannery (27) tar or asphalt roofing manufacture (28) tar products manufacture (29) tire recapping or retreading (30) trucking terminals (31) all other enterprises or uses commonly regarded as hazardous or offensive If the zoning is changed trom Industrial B to Residence A -I the following uses would be allowed: (please refer to Section 180-17 of the Zoning Ordinance which is attached): A. A one-family dwelling for one housekeeping unit only. B. The office of a physician, surgeon, dentist or lawyer residing on the premises. C. Town buildings, county, state and federal buildings, playgrounds and parks and such o accessory buildings as may be ordered by the Board of Public Officers or Town officials having charge of the land upon which such accessory buildings are or will be erected. D. Real estate signs. E. Cemeteries adjacent to or in extension of existing cemeteries and crematories. F. Accessory uses customarily incident to any use or building pennitted by this section. G. The keeping and raising of poultry, livestock and pigeons H. Private garages, provided that no business, service or industry is conducted therefrom or therein. The minimum lot size in Residence A - I is 17,000 square feet with a minimum frontage of 125 feet. Subdivision Considerations Agawam Subdivision Regulations prohibit dead-end streets which are h'Teater than 500' in length. If a road were to enter the property from Silver Street, it would need to be at least 800' long to access the buildable portion of the site. According to the Town's Assessor's Maps, there is minimal frontage for the Caruso property on Doane Avenue. The property line shown on the parcel owned by Raymond E. and Marilyn A. Derosiers is not shown on the Town's maps. Proof of its existence must be provided. Environmental Considerations The Agawam Conservation Commission approved a wetlands delineation on the Blue Sky parcel in 1996. A copy of this delineations has been attached for your infonnation. The delineation shows that the property is bisected in a number of locations by intennittent streams which are located on the floor of deep gullies. For the most part, the northerly portion of the parcel is approximately 30' higher that the floor of the gullies. The parcel does contain a large flat area on its east side, approximately 900' from Silver Street. The Carusso parcel also appears to be relatively flat. The entire site is shown on the Natural Heritage Priority Habitats and Estimated Habitats Map (October 1,2008). Any development of the property will require extensive field research and filings with the Natural Heritage Program. The rule of thumb is that, if a protected species is found on the property, two-thirds must be left undeveloped. Conclusion The property for which the zone change is being requested represents some significant development constraints whether used for industrial or resideniial purposes. They include: limited frontage, steep slopes and wetlands, potentially protected species and existence of two very different zoning designations. In addition, the only access to the Blue Sky parcel is through a residential zone. Under o o State law, you can not access a less restricted zone through a more restricted zone. In other words, you could not provide an access road to industrial land through a residential zone. Given these constraints, residential use would be the only feasible use of the property. Usually it is undesirable to have residential development adjacent to industrially zoned land. However, the property in question is physically separated from the remaining industrially zoned property by steep slopes and wetlands. o o PARCEL MAP Prim Parcel to: H6 1 21 Owner: BLUE SKY BUILDERS LLe DBA BURN Resource Map Parcel Address: SllVER 51 o o Date: 5/04/09 836 Page I of I 1672 Feet I http://1tosting.tighebond.comia!!awamlorint.asox?maotyoe~4&ima!!e~htto%3a%2f''102furoie... 5/4/2009 Print Parcel 10: H6 1 21 Owner: 8LUE SKY BUILDERS LLC DBA BURN Interactive Map Parcel Address: SILVER ST o o Date: 5/04/09 836 Scale: 1"=836' Page I of I 1672 Feet I httn:l Ihosti n". ti "hehono.cnmla ,,"wam/nrint .asnx?mantvne=SRr.ima"e=httn%1 a%? t%2fnroi e... 94/2009 o o ZONING MAP Pnnt c' Parcel 10: H6 1 21 Owner: BlUE SKY BUILDERS LlC DBA BURN Parcel Address: SILVER ST Zoning Map o o Date: 5/04/09 836 Page I of I 1672 Feet I httn:llhostin!!.ti!!hebond.comla!!awamlorint.asox?maotvoe=3&ima!!e=htto%3a%2f%2fnroie... 5/4/2009 o o PETITION'FOR ZONE CHANGE o o ASPENWOOD ASSOCIATES LLC P.O. BOX 270 EAST GRANBY, CT 06026 TELEPHONE (860) 653·9327 FAX (860) 653-4908 Email: Kirk@MacNaughtonRE.com THE TOWN COUNCIL AGAWAM, MASSACHUSETTS APRIL 16,2009 THE UNDERSIGNED RESPECTFULLY PETITIONS; ." c.' -. >.-~ » :c 3: > :!:. ~ en = = " ~ fT! =>-n -0 -i = C> 0-::z: til U fT! ::::0 -.. < C) n '.n ,." U) That the Town Council grant a Zone Change for the Subject Property from "Industrial B Zone" to 'Residence A-I Zone". The subject Property is located on the Easterly side of Silver Street, Southerly of Doane Avenue. (See attached location map). The Subject Property is a portion of two separate parcels, the fonner Blue Sky Builders LLC parcel and the Caruso parcel, as shown on the accompanying survey plan. Each of these parcels are located partially in the Residence A - I Zone and partially in the Industrial B Zone. The access to the Subject Property, off of Silver Street, is through the portion of the Property that is zoned Residence A-I. ' The proposed zone change will place all of both parcels into the same zoning district and will bring the zoning of both parcels into conformance with the Residence A-I access to the parcels. Also attached is the legal description of the Subject Property. Sincerely, )H(1~ v' J Kirk MacNaughton Manager , L 1 :01 'if ~ ~ Hd~ !OOI . 't \'l"'~\{J,\ V;t);'I' l<lU:~'Q~Wn":l '\I"""~iVi / ·0 0·' . , DESCRIPTION OF PROPERTY FOR ZONE CHANGE Beginning at a point at the northeast corner ofland NIF 1. & D. Paroline thence running N89-41-06E for a distance of 1289.32 feet to a point; thence running S07-32-I2E for a distance of 617.59 feelto a point; thence running N69-49-01 W for a distance of 180.69 feet to a point; thence running N81-59-37W for a distance of 168.93 feet to a point; thence running S86-34-25W for a distance of90.60 feet to a point; thence running S89- 02-20W for a distance of 1086.15 feet to a point; thence running N22-25-006E for a distance of249.43 feet to a point; thence running N08-43-07E for a distance of 316.00 feet to the point and place of beginning. Said described land contains 17.106 acres. c·1 A o"iwam ~ Web MappinG .. >. LO tA11['j FoR.. --~ . .....",. ",--.. '".J .:.:.: -', ...... _>: ",,' ',.1'" , I' o ASSESSOR'S INFORMATION Unofficial Property Record cel o Unofficial Property Record Card -Agawam, MA General Property Data ParcellO H6 1 21 Prior Parcel ID LOT C - BLUE SKY BUILDERS LLC DBA Property Owner BURNS BUILDERS Mailing Address 10 ROLLING GREEN City EAST GRANBY Mailing State CT ParcelZoning RA Zip 06026 Account Number Property Location SILVER ST Property Use LAND Most Recent Sale Date 1/1812006 Legal Reference 15642·533 Grantor PAROLlNE,JAMES A Sale Price 127,000 Land Area 16.300 acres Current Property Assessment Page I of I Card 1 Value Building Value 0 Xtra Features Value 0 Land Value 175,100 Total Value 175,100 Building Style # of Living Units 0 Year Built N/A Building Grade Building Condition Average Finished Area (SF) N/A Number Rooms 0 # of 3/4 Baths 0 Building Description Foundation Type Frame Type Roof Structure Roof Cover Siding Interior Walls N/A # of Bedrooms 0 # of 1/2 Baths 0 Legal Description Narrative Description of Property Flooring Type N/A Basement Floor N/A Heating Type N/A Heating Fuel N/A Air Conditioning 0"10 # of Bsmt Garages 0 # of Fu" Baths 0 # of Other Fixtures 0 This property contains 16.300 acres of I~nd mainly classified as LAND with a(n) style building, built about N/A , having exterior and roof cover, with 0 unlt(s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 half bath(s). es r .. '\ < " Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. http://agawam.patriotproperties. com/RecordCard. asp 5/5/2009 Unofficial Property Record CC) o Unofficial Property Record Card -Agawam, MA Parcel to H6 1 4 Prior ParcellD 2170- Property Owner CARUSO GUSTIN Mailing Address 781 OSPREY DR City PORT ORANGE Mailing State FL Zip 32127 ParcelZonlng RA2 General Property Data Account Number Property Location DOANE AV Property Use LAND Most Recent Sale Date 12/312007 Legal Reference 17053·556 Grantor CARUSO LOUIS W. Sale Price 10 . Land Area 7.000 acres Current Property Assessment Page 1 of I Card 1 Value Building Value 0 Xtra Features Value 0 Land Value 89,300 Total Value 89,300 Building Style N/A # of Living Units N/A Year Built N/A Building Grade N/A Building Condition Average Finished Area (SF) N/A . Number Rooms 0 # of 3/4 Baths 0 Building Description Foundation Type N/A Frame Type N/A Roof Structure N/A Roof Cover N/A Siding NIA Interior Walls N/A # of Bedrooms 0 # of 1/2 Baths 0 Legal Description Narrative Description of Property Flooring Type N/A Basement Floor N/A Heating Type N/A Heating Fuel N/A Air Conditioning 0% # of Bsmt Garages 0 # of Full Baths 0 # of Other Fixtures 0 This propclrty contains 7,000 acres of land mainly classified as LAND with a(n) N/A style building, built about N/A , having N/A exterior and N/A roof cover, with N/A unlt(s), 0 room(s), 0 bedroom(s), 0 bath(s), 0 half bath(s), ~ .. " ) 1 . -' . " ,. . " :"':"~~~"'-" ' ~\'yIDUfutID'~ ;(' ", ','.' '. ,' . . ,,'."" . Disclaimer: This informalion is believed 10 be correct but is subject to change and is nol warranteed. http://agawam,patriotproperties,com/RecordCard.asp 5/5/2009 -.---- .... " I '. -,-' \ , , \ (- 1\\ II I \ I,:' . __ \ .... . -.j ' .. 'I. o o ZONING ORDINANCE SECTIONS o * 180-52 AGAWAM CODE * 180-55 § 180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-6] No lot shall have a frontage of less than 100 feet on a street or an area less than 10.000 square feet. § 180-53. Landscaping. To assure that structures in Business B Di stricts shall be reasonably attractive in appearances. the builder or hi s representative shall submit tD the Planning Board. in addition to other requirements. an architec!"s rendering or cDmparable illustration of the planned cDnstructipn. including landscaping, prior to applying . for a building permil. Unless such a drawing approved by the Planning Board is submitted to the InspeclOr of Buildings, no permit for a bu sincss building shall be issued, nDr shall an occupancy permit be granted, unless and until the finished slnlcturc conforms in appearance to the drawing submitted. § 010-54. Lumheryards; residences; gasoline stations. A. Secondhand lumberyards and secDndhand buildings material yards are prohibited. B. No building or other structure shall be erected. altered or used for residemial purpDses which shall accDmmodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land conwilling not less than olle acre in area and having not less than 150 feet of frontage on a Slree l. C. Not more than one unregistered mDtor vehicle shalf be allowed Dn any parcel of land used as a gasoline filling station; provided. howe ve r, that any such gasoline filling station having an aUlOmobile dealer's permit shall be governed by the prDvisiDns of such permit. ART1CLE X Industrial District A * ISO-55. Permitted uses. [Amended 11-9-1994 hy TOR-94-7 ,] In any Industrial District A as indicated on the Building Zone Map, no building or other stnlcturc shall be erected, altered or used and no land shall be used or occupied for any purpDse except one of the following: A. Any business or agricultural use permilled in an· Agricultural, Business A or Business B District. B. Any industrial purpose, except· those contained in the following list. which may be aliDwed only after a public hearing before the BDard of Appeals: (I) Acetylenc gas, cyanide cDmpDund or Dxygen man ufacturc. (2) Asphalt manufacture or refining. 7. ELlitor's Nole: This ordirmncc providt.'d for the repeal of rormer SuhSl'Clion A und Ihl' renumhering "f fUriner SUhSl'CtiulIs It lind C 10 A :.IIld n, rC5pccti,-cly. 180:40 05 • 15 • ZOO(l (\ o * 180-55 ZONING § 180-55 (3) Chlorine or bleaching powder manufacture. (4) Creosote manufacture. (5) Distillation of coal or wuud. (6) Drop forge shop. (7) Explosives. roreworks or ammunition manufacture. (8) Fenilizer lllanufacllIre. (9) Fumigmion plants. (10) Glue or size manufacture frolll fish or animal offal. (II) Gypsum. cement, plaster or plaster of paris manufacture. (12) Incineration or reduction of or dumping of offal. garbage or refuse on a commercial basis. except where controlled by the Town. (13) Junkyards, storage. scrapping of autos and parts and the salvage thereof. (14) Linoleum manufaclllre. (15) Match manti factu reo (16) Paint and lac!lue.-manufacture. (17) Petrolcllln relining and the bulk storage of petroleum products. (18) Plastic manufacture. (19) Rest homes. (20) Rubber. natural or synthetic or gutta-percha manufactured from crude or scrap nlalcrial. (21) Secondhand lumberyards anel secondhand material yards. (22) Sewage di sposal plant. except where controlled by the Tow n. (23) Soap. tallow. grease or lard manufacture. (24) S laughlcrilOuSC. (25) S ulfurous, su lfuric. nitric or hydrochloric acid manufacture. (26) Tannery. (27) Tar or asphalt rooling manufacture. (28) Tar products Illanuracture. (29) Tire recapping or retreading. 180:41 07 • 111 • 20411'1 o * 180-55 AGAWAM CODE § 180-60 (30) Trucking terminals. (3 I) All other enterprises or uses commonly regarded as hazardous or offcnsive. (32) Assisted living facilities as defined in MGL c. 190. [Added 3-20-20()6 by TO R -2006-1] § ISO-56. Height regulations. Industrial buildings shall not exceed two stories or 40 feet in height, except with approval of the Board of Appeals after a public hearing. These' provisions shall not apply to required equipment appurtenant to industrial buildings, except that smokestacks, water tanks, grain elevators and the likc are nOi permissible except after approval of the Board of Appeals after a public hearing. § 180-57. Setbacks; yards. [Amended 4-7-1986 by TOR-Sti-6] ,A. Setbacks shall be at least 40 feet wide in their least dimension. B. Side yard and rear yard requirement shall be a minimum of 25 feel. However, there shall be a side yard and a rear yard between a street and the parts of a building nearest to such street to be no less than 40 feet, but facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises and entirely off the traveled way. § ISO-58. Lot coverage. [Amended 4-7-1986 by TOR-86-6] No business or industrial building shall be erected or altered so as to cover more than 50% of the area of the lot on which it is located. § 180-59. Lot size. [Added 4-7-1986 by TOR-S6-ti] No lot shall have a frontage of less than 100 feet on a street or an area of less than 40,000 square feel. § 180-tiO. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts shall be reasonably attractive IW appearance, the builder or his representative shall submit to the Planning Board. in addition to other requirements. an architect's rendering or comparable illustration of the planned constructions, including landscaping, prior to applying for a building permil. Unless such a drawing npproved by the Planning Board is submitted to the Inspector of Buildings. no permit for an industrial building shall be issued. nor shall an occupancy' permit be granted unless and until the finished structure conforms in appearance to the drawing submitted. 180:42 07·01 ·100X (\ o § 180-60 ZONING § 180-60 B. All re sid entia l deve lopment is prohibited, ex cept thal alteralion, rec onstruclion, extension or structural change to any ex isling residential structure is pcrmilled. [Amended 11-9-1994 hy TOR-94-7] 180:42.1 07· III . 20118 I * 180-60 ZONING § 180-65 C. NOI more Ihan one unregislered molor veh icle shall be allowed on any parcel of land used as a gasoline filling slalion; provided, however, Ihal any such gasoline filling slali on having an automobile dealer's permil shall be governed by Ihe provisions of such permil. ARTICLE XI I ndustrial District B * 1'80-61. Boundaries. Induslrial B Dislricls shall be lfial area bounded by Suffield Slreel, Si lver Sireel and Shoemaker Lane zoned Induslrial at the Town Meeling of December 10, 1957, and Ihose areaS zoned Induslri al B on or afler the Town Meeling of Decemher 10, 1957. § 180-62. Permitted uses. Permilled uses shall be all uses permilled in Induslrial Dislricl A. § 180-63. Height regulations. Induslrial buildings shall nol excced lwo slories, 40 feet in hei ghl, excepl wilh approval of Ihe Board of Appeal s afler a public h earin g. These provisions shall nol apply 10 required equipmenl appunenam 10 industrial buildings, excepl Ihat smokestacks, water lanks, grain elevators and Ihe like are nol permissible excepl afler approval of Ihe Board of Appeals after a public heari ng. § IXO-64. Yards; sethacks; loading areas. A. Back and side yards shall be a minimum of 25 feel. B. Fronl selback shall be a minimum of 75 feel. C. Loading plalforms and employee parking areas shall be al Ihe rear and side of all buildings. § 180-65. Lot size; lot coverage. A. No 101 shall have an area less lhan 43.560 square feel. one acre. o n which a building may be conslrucled for induSlrial USf;. "'Cepl wilh 3pproval of Ihe Board of Appeals relalive only 10 previously filed lOIs whose area is le ss Ihan one acre; provided thaI Ihe file 101 does nOI abul an addilional parcel owned by Ihe same owner which if com bi ned would meel wilh Ihe one-acre requiremelll of Ihi s seclion. B. Excepl for office, professional o r administralive buildings, no building shall be les~ Ihan 5.000 square feel in area. C. No 101 shall have frolllage of less Ihan 100 feel on a slreet line: ho\Vever, Ihis frontage req uiremelll shall nol apply to lUiS eswblished by a deed or plan recorded in Ih e 180:43 115 . 15· ::!()()(, I I i , , C', § 180-65 AGAWAM CODE § 180-67 Hampden County Registry of Deeds prior to the first notice of the public hearing 0 11 this subsection amendment (March 3, 1994) if, and only if, said parcel of land was not held in common ownership wilh sufficient adjoining parcels of I,md on ·Ihe dale of the first nOlice of public hearing on Ihis subseclion amendmenl (March 3, 1994) 10 salisfy, in combination, Ihe required 100 feel of fr ontage on a Slreet line. [Added 5-2-1994 hy TOR-94-5] * .18U-66. Landscaping; residences; gasoline slatinns, A. To assure that' struclures in industrial di stricts shall be reasonably allracli"e 111 appearance, Ihe builder or his representalive shall submit 10 th e Planning Board, 10 addilioll to other requirements. an architect's rendering or compilmble illustration o f the planned conslruction, including landscaping, prior 10 applying for a building permit. Unless such a drawing approved by the Planning Board is submilled to the Inspector of Buildings, no permit for an industrial building shall be issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance to the drawing submitted. B. The front of the building must be faced with either brick masonry exterior walls, curtain walls of decorated colored aluminum, cname led colored Sleel, stainless steel wulls or glass wall constmction and have an attractive appeamncc. C. All buildings in an industrial zone shall be appropriatciy landscaped wilh lawns, shrubs and trees . D. All residential developmenl is prohibited, except that aiteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 hy TOR-94-7] E. Not more than one unregistered Ill otor vehicle shall be allowed on any parcel of land used as a gasoline filling stalion; provided. however, lhal any slich gasoline filling stalion havi ng an automobile dealer's permil shall be governed by Ihe provi sions of such permit. § 18U-67. I'u rpose. ARTICLE XII Fluudplain :I"une [Added 1-:lO-197!!] The Flo odplain Zone and the regul,uions herein have been established for the following purposes: to protect and preserve the w:ltercourses and their adjoining Iloodplain; to reduce Ihe hazards of noods upon the public health, safety and general 'welfare; to protect nOadplain occupants from a nood that is o r may be caused by their own land use and that is or may be undel1aken without full realization of the dangers therein; to protect the public from the burden of eXlraordinary financial expenditures for !load control and relief; and to protect the capacity of Ihe Iloodplain to absorb. transmil and Slore runoff to ussure relent ion of sufficie nt Ilood\\'ay area to convey !lows which can reasonably be expected to occur. 180:44 liS· IS . 2110(, j , .,'1 .• ;. if " . . i (', § 180-16.1 AGAWAM CODE § 180-17 set forth In MGL c. 40, § 21 D, as amended from time to time, that IS, non -criminal disposition. Fines issued pursuant to § 180-16.1 shall be as fo llows: (I) First offense: $25. (2) Second offense: $50. (3) Third offense and each subsequent offense: $100. B. Each day on which a violation exists shall conslitute and be deemed a separate offense. § 180-17, Permitted uses, ARTICLE II Hcsidcncc A-I Districl~ In a Re.,ide nce A-I District as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used o r occupied for any , purpose except one or more of the foll owing: A. A onc-family dwelling for one housekeeping unit only. B. The office o f a physician, surgeon, dentist or lawyer residing On lhe premises. No display, sign or other adve rtising device shall be permitted except an interior illuminated, renective or nonilluminated professional nameplate having an area of not more than 144 square inches. C. Town buildings, county, state and federal buildings, playgrounds and parks and, such accessory buildings as may be ordered by the Board of Public Officers or Town officials ha ving charge of lhe land upon which such accessory buildings are or will be e rectcd. D. Real eslate signs having an area of not more Ihan six square feet advertising lhe sale, rental or lease of the premises on which they arc maintained. E. Cemeleries adjacent to or in eXlCnsion of existing cemeteries and crematories, provided that such crematories are situated within cemeteries. F. Accessory uses customarily incident to any use or building permilled by this section, provided that such use of buildings shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include an y activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permilled in connection with such nccessory uses or building. G. The keeping and rai sing of' poultry, livestock and pigeons, whether raised for the table or other purposes, or o ther like objectionable uses are prohibited. H. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vchicle for each 5,000 square feet of 101 arca or f",cti on thcreof up to a limit of live vehicles per lot shall be perniilled. Space for motor ve hicles shall not be used. leased or renled for commercial vehicles. No commercial vchicles shall be parked on a lot in the open, These space regulations shall apply to 180:18 ()7 . 01 . 200H I 1 I 1 I I 1 , i I I I 1 I , , , I " I , I I i , ' . . ' § I S!l-17 ZONING * 180·18 vehicles regularly len on the lot, whether housed or in the open. The presence of more than one unregistered vehicle is prohibited.' § 180-111. H~ight regulations. A residence building shall not exceed 2 1/2 stories or more than 35 feet in hei g ht. Town buildings s hall not exceed 50 reet in height. The height provisions slwll not apply to c himneys 6. Etlilur'~ N411c: Sec eh. 172; Vehicles, Unrcgislcrcd. 180:18.1 U7 -HI ·2nos " I ,. , , ; ~ o o § ISO-IS ZONING § ISO-21 or nag or radio poles. An accessory building shall not exceed I 112 stories or 25 feet in heighl. § ISO-19_ Setback requirements. A. No part of any building shall be placed within 35 feet of any street line, and on a corner lot. except as otherwise provided in Ihis section, no part of any building shall be created or altered so as 10 be less than 35 feet from any street·line. B. No part of any garage or other accessory building situated within 65 feet of any street line shall extend within 15 feet of any lot line intersecting such street which serves as a side lot line located in any residence district o r within 15 feet of any street line. An accessory building shall be placed at least fi ve feet from any side lot line. C. On a corner lot, no part of any building shall be erected or altered so as to be less th,,,, 30 feet froOl any street line. D. When" dwelling or its a[(ached garage is to be erected on a lot in a Residence A-I , District adjoining a busi ness or industrial district, the selback from the street line on which it faces need not exceed 30 feel. E. Existing open porches which are 30 feet or more from the street line may be enclosed on one or more sides with glazed e nclosures. § 1 lIO-20_ Yards_ A. Side yards. There shall be a side yard between a principal building and cach side lot line which shall be 15 feet wide in its least dimension. Detached garages or accessory buildings shall be placed at Icast five feet from a side 101 line if located more than 65 fcet from a street line. B. Rear yards. (I) There shall be a rear yard on every lot between the principal building and the rear lot linc. It shall be not less than 25 feet deep in its least dimension. (2) A one-story accessory building shall be placed at least five fect from the rear lot line. A one-and-one-half-s tory accessory bui Iding shall be placed at least 10 feet from the rear lot line. § 180-21. Lot size. No lot shall have a frontage of less than 125 feet 0 11 " street or an nrea of less than 17,000 squJre feel. ISO: 19 . 05· 15 . ZO()6 I I I :1 I I ;1 .' I I (1 § 180-22 AGAWAM CODE § 180-23 § 180-22. Lot coverage. No principal building shall be erected or altered so as to cover more than 30% of the area of the lot on which it is located. §180-23. Permitted uses. ARTICLE III Residence A·2 Districts In any Residence A-2 District as indicated on the Building Zone Map. no building or other structurc shall be erected. altered or us ed and no land shall be used or occupied for any purpose except one or more of th e following: A. Any use permitted in a Residence A-I District. B .. A one-family detached dwelling for one housekeeping unit onl y; provided. however. that the Board of Appeals. upon an appeal from an order or decision made by the Inspector of , Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve .the standard and character of the neighborhood. may authorize a variation in the use of a one-family dwelling existing at the time of the adoption of this Anicle so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner. as a condition precedent to the privilege herein granted. shall present adequate plans setting fonh the c hanges ,md improvements to be made and shall ha ve secured the wrillen consent and approval of at least three of the following propeny owners: (I) The owner 'of the lot on either side of the petitioner's property . (2) T he owner of the lot adjacent in the rear of the petitioner's propeny. (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner o f a lot o n either si<je. in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which Case written consent and approval shall be sec ured from the owner of the propeny next to that owned by the petitioner. In case there are two or niore lots adjacent in th e rear or sides of the petitioner's propeny. the owner of the lot which abut s the greater length on the petitioners propcny shall be deemed th e owner of the lot adjacent to the petitioners property, as used in this section. 180:20 05· IS· 20u(j " i 1 • • • 1 1 o .. .i.~ ~ 1 }. " ., ·-!·(;-;,I .. , C. ~:~:;t: ;-'.,;1.: .;,..;.1-, (N: w' or F C}' M: Y ~y L o i.l1 5 ,""".:r:ry) Y:: .. '(, ;', ;"z. -r--__ . __ ._. ________ ..21!. ":5".£ 31~.21 Z'-{;.:-/r. ... I ., , 'I .... " : ~ .. , I i ;"1).1' r A Tay/rn f. 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";i; ~ --REVIse [;.;Jl!f f'tV'~rtt.;ifIa";· ;"',-1.; l 'i ;'1.""" 41FO~,~'lIif~~:(SIt:.:, ; .. ~ ~t: . ,.: _.-''-..... 4,4":> 0-;;."..' . "" r _ .. n ... I~':O' _ .':-;,.J ~ _ ..... ~2!?~ ! . (. _ . ' L...I\!>J p '.Jf~ ;;1:;~'-;'-;.·~·,j1lJ'. ! -]-s., '~r~,r/ n-AT 'TII'~"iJ\IU'lA£NIlS~ "".re ,';;40'!'· "'·1'-':~ry· it: ACCS1I:.U/ofT£ ""ITa TH"'~~ C'.~T~~!,/'I$t.tBtaIJ;'!~. !;'I..S:,,< "';:~l' .\ .' ' .. "'1 t;"!I' "\~ ~ ~ :~ t.~ A.j.¥*), .. -.. ----.-. ,=Q!'S'"T ...... "s.,. .~=.====~~ . ..,."'" -= .. ~ I .;" ., .. ~ - ASPENWOOD ASSOCIATES LLC P.O. BOX 270 EAST GRANBY, CT 06026 TELEPHONE (860) 653-9327 FAX (860) 653-4908 Email: Kirk@MacNaughtonRE.com THE TOWN COUNCIL AGAWAM, MASSACHUSETTS APRIL 16,2009 THE UNDERSIGNED RESPECTFULLY PETITIONS; .i C} ~ ,..;. ~ l":.. :3: :3: >- ~ :::r::. = til = -u ~ rrr »-("") -0 -i ::0 0 a-z: U'> "() rrr ;:0 -.. < 0 ("") <J1 rrr U'> That the Town Council grant a Zone Change for the Subject Property from "Industrial B Zone" to 'Residence A - I Zone". The subject Property is located on the Easterly side of . Silver Street, Southerly of Doane Avenue. (See attached location map). The Subject Property is a portion of two separate parcels, the former Blue Sky Builders LLC parcel and the Caruso parcel, as shown on the accompanying survey plan. Each of these parcels are located partially in the Residence A - I Zone and partially in the Industrial B Zone. The access to the Subject Property, off of Silver Street, is through the portion of the Property that is zoned Residence A-I. The proposed zone change will place all of both parcels into the same zoning district and will bring the zoning of both parcels into conformance with the Residence A-I access to the parcels. Also attached is the legal description of the Subject Property. Sincerely, J Kirk MacNaughton Manager ILl :01 'if II HdV ~OOI "VI'l'"~\{JrWJJ,'y' ];J Ll::!O: ~ ~t f"J"IF'l"'''01.l RECEIVED APR 2 3 2009 PlANNiNG BOARD DESCRIPTION OF PROPERTY FOR ZONE CHANGE Beginning at a point at the northeast comer of land NfF J. & D. Paroline thence running N89-41-06E for a distance of 1289.32 feet to a point; thence running S07-32-12E for a distance of61 7.59 feet to a point; thence running N69-49-01 W for a distance of 180.69 feet to a point; thence running N81-59-37W for a distance of 168.93 feet to a point; thence running S86-34-25W for a distance of90.60 feet to a point; thence running S89-· 02-20W for a distance of 1086.15 feet to a point; thence running N22-25-006E for a distance of249.43 feet to a point; thence running N08-43-07E for a distance of316.00 feet to the point and place of beginning. Said described land contains 17.106 acres. T9WTI of Agawam .' . A ~,r''''''wam .go, Web MappinG l 0 tA1\oN }-114v Faa.. ---.. --", ',-- ..... ~--.. • J... ~\., 'lfj .. ~;: • Page 1 of2 Agawam Planning Board May 21 ,2009 Page I MEMBERS PRESENT: Travis Ward, Chairman Elaine A wand Violet Baldwin Michael Morassi Mark Paleologopoulos ALSO PRESENT: Pamela R. Kerr AGA W AM PLANNING BOARD May 21, 2009 Mr. Ward called the meeting to order at 7:00 PM. I. APPROVAL OF MINUTES -May 7, 2009 Motion was made by Ms. Baldwin and seconded by Mr. Morassi to approve the minutes of May 7, 2009 as written. VOTE 4-0-1 (A wand abstained) 2. SITE PLAN -McDonald's -Suffield Street Luke DiStefano of Bohler Engineering was in attendance to present this site plan along with Adam Guilmette of McDonald's USA and Dan Ashburn, owner of the Agawam restauranl. Mr. DiStefano explained that this projects includes raze and rebuild in a slightly different location. The new building will be 3,386 SF with a double drive up window (side by side) and will be located at the southern end of the plaza. The existing McDonald's is 6100 SF with a single drive thru window and a playscape. He stated that the new building location will provide for better traffic flow and circulation and that the new plan shows approximately 7,000 SF of additional greenspace. He went on to say that the new facility will have a larger kitchen and smaller seating area and that the double drive up window will limit the queuing. Forty-two (42) parking spaces currently exist and the new location shows thirty-three (33). Improved lighting and stormwater management are also provided. He stated that he received comments from the Engineering Department and will meet with them to address their concerns. Adam Guilmette then addressed the Board and stated that this will be a standard updated (Forever Young) building which will be the same shape as the new one in Enfield. He went on to say that it will have a brick exterior with earthtone colors inside. He also stated that the new building will not have a play area. Ms. Baldwin referenced the Town Planner's review regarding parking. Mr. DiStefano stated that the are currently pursuing a cross access parking agreement to get seventeen (17) additional spaces with the owner of the plaza. Mr. Morassi stated that he has met with the Town Engineer on this plan and recommended that Mr. DiStefano schedule a meeting to go over the comments regarding Agawam Planning Board May 21,2009 Page 2 access. Mr. Paleologopoulos asked what would happen to the existing site. Mr. DiStefano stated that the existing sign is to remain but the building will be removed and the area will be utilized for parking and access aisles. Mr. Paleologopoulos asked if the hours of operation would be changing. Mr. Ashburn, owner of the restaurant, stated that he has not yet determined that. Mr. Ward asked why there is such a reduction in square feet with the new building vs. the existing one. Mr. Guilmette stated that the lack of playscape provides the largest deficit in square feet and that the new, modem design allows for a savings in square feet. Mr. Ashburn stated that approximately 70% of his business at this site is at the drive thru window. Mr. Ward asked for information on deliveries. Mr. Ashburn stated that deliveries vary but the earliest allowed is 5 :00 AM and the latest is II :00 PM (none at peak traffic times). Mr. Ward asked if the plan would need to be redesigned for additional parking. Mr. DiStefano stated yes, he will outline the additional 17 spaces. Mr. Ward asked for a time frame on the project. Mr. Guilmette stated they would like to have the new building open by the end of October and that they will keep the existing one open until approximately one week prior to the opening of the new one. Ms. Baldwin asked about maintenance of the landscaping. Mr. Ashburn stated that all landscaping will be maintained by him. Motion was made by Ms. Baldiwn and seconded by Mr. Morassi to table the Site Plan for McDonald's to the next meeting to allow the applicant to address the Engineering Department comments. VOTE 5-0 Ms. Baldwin excused herself from the meeting at this time. 3. PUBLIC HEARING -Zone Change -Mark Drive -Pelley/Langone/Olbrych Attorney Gary Liquori was in attendance to present this zone change request from Residence A2, Business A and Agriculture to Residence B for property on Mark Drive. He stated that this would allow for duplexes to be built with proper setbacks and provide for a more attractive subdivision. He went on to say that the original request was to Business A but was withdrawn. He stated that this would also provide for good affordable housing for the area. He also stated that the plan he submitted shows proposed lot lines (a Form A is to be submitted) but the zone change request is for the perimeter of the property shown. Mr. Ward asked how many lots. Attorney Liquori stated that the Form A that is being prepared will show one extra lot in the subdivision. Mr. Morassi asked about the ownership -whether they will be sold or rented. Attorney Liquori stated it will be a combination and that one of the property owners (Langone) lives on the street. There being no public input, Mr. Ward closed the public hearing. Mr. Ward stated that he feels this will provide for a good transitional zone from the commercial and high traffic of Main Street and then to farmland. Mr. Paleologopoulos stated that it will be nice to see affordable housing being built. Mr. Morassi stated that he feels this proposal addresses their prior concerns. Agawam Planning Board May 21, 2009 Page 3 I Motion was made by Mr. Paleologopoulos and second flMrr~ positive recommendation to the Town Council on the : ~ Langone and Olbrych on Mark Drive as it will provid~ G. C' area; provide for affordable housing; and is consistent; /u l)./ II'"' tl V I{) \" VOTE4J , I Ms. Baldwin returned to the meeting at this time. 4. PUBLIC HEARING -Zone Change Silver LLC I I I LoN-ckaf~_ lJv'0 ,,-vfe,.5 Kirk McNaughton of Aspenwood Associates LLC wmi....· ___ ~_~~ __ _ request. He stated that Aspenwood Associates LLC owns a portion of this property and the remainder is owned by Caruso. He stated that the zone line on the site is such that it is Residence A I to the north and Industrial B on the southern portion. The request is to rezone it all Residence A I. He went on to say that the existing residential portion is flat and that the industrial B portion contains wetlands and large flat areas; and that the Caruso portion is also relatively flat. He explained that his intent with this request is to develop the entire property to a residential subdivision with a street off the end of Doane Avenue. He stated that the Town Planner's review ofthe request questions the connection of the Caruso property to the end of Doane Avenue. He stated that the property at the end of Doane is owned by DeRosier and that he has an agreement with them to purchase a strip to get clear access to Doane Avenue. He stated that the industrial B property cannot be access through the Residential zone and is "landlocked" as an industrial use. He went on to say that he feels his proposal will help the property values on Doane Avenue and he feels that a residential subdivision would be the most appropriate use for the property. He stated that even the Town Planner's review states that the only access to his parcel is through the residential zone. He stated that he has met with representatives of the NHESP (endangered species) and was informed that he would have to set aside a large undeveloped area. Ms. Baldwin asked how many houses he is proposing to build. Mr. McNaughton stated approximately fourteen on 25 acres. Ms. Baldwin asked how much of the parcel would have to be set aside for endangered species. Mr. McNaughton stated approximately 50%. Ms. Baldwin asked then that means fourteen homes on 50% of the 25 acres. Mr. McNaughton stated yes. Mr. Morassi asked what the length of Doane Avenue is. Mr. McNaughton stated approximately 1300 feet. Mr. Morassi asked if the wetland issues would have an impact on the proposed road layout. Mr. McNaughton stated yes, that he has looked into it. Henry Kozloski, Chairman of the Agawam Conservation Commission was in attendance and stated that the proposal would have to meet the state regulations. Mr. McNaughton stated that he is confident he can meet and address the regulations with his proposal. Ms. Baldwin stated that it appears that the front portion of the Doane Avenue lots will have a street in their backyards. Mr. McNaughton stated that the design and location of the road will vary depending on the topography and wetlands. Mr. Paleologopoulos asked what Agawam Planning Board May 21, 2009 Page 3 Motion was made by Mr. Paleologopoulos and seconded by Ms. Awand to send a positive recommendation to the Town Council on the zone change request by Pelley, Langone and Olbrych on Mark Drive as it will provide for a good transitional zone in the area; provide for affordable housing; and is consistent with general planning. VOTE 4-0 Ms. Baldwin returned to the meeting at this time. 4. PUBLIC HEARING -Zone Change Silver Street -Aspenwood Associates LLC Kirk McNaughton of Aspenwood Associates LLC was in attendance to present this request. He stated that Aspenwood Associates LLC owns a portion of this property and the remainder is owned by Caruso. He stated that the zone line on the site is such that it is Residence A I to the north and Industrial B on the southern portion. The request is to rezone it all Residence A I. He went on to say that the existing residential portion is flat and that the industrial B portion contains wetlands and large flat areas; and that the Caruso portion is also relatively flat. He explained that his intent with this request is to develop the entire property to a residential subdivision with a street off the end of Doane Avenue. He stated that the Town Planner's review of the request questions the connection of the Caruso property to the end of Doane Avenue. He stated that the property at the end of Doane is owned by DeRosier and that he has an agreement with them to purchase a strip to get clear access to Doane Avenue. He stated that the industrial B property cannot be access through the Residential zone and is "landlocked" as an industrial use. He went on to say that he feels his proposal will help the property values on Doane Avenue and he feels that a residential subdivision would be the most appropriate use for the property. He stated that even the Town Planner's review states that the only access to his parcel is through the residential zone. He stated that he has met with representatives of the NHESP (endangered species) and was informed that he would have to set aside a large undeveloped area. Ms. Baldwin asked how many houses he is proposing to build. Mr. McNaughton stated approximately fourteen on 25 acres. Ms. Baldwin asked how much of the parcel would have to be set aside for endangered species. Mr. McNaughton stated approximately 50%. Ms. Baldwin asked then that means fourteen homes on 50% of the 25 acres. Mr. McNaughton stated yes. Mr. Morassi asked what the length of Doane Avenue is. Mr. McNaughton stated approximately 1300 feet. Mr. Morassi asked if the wetland issues would have an impact on the proposed road layout. Mr. McNaughton stated yes, that he has looked into it. Henry Kozloski, Chairman of the Agawam Conservation Commission was in attendance and stated that the proposal would have to meet the state regulations. Mr. McNaughton stated that he is confident he can meet and address the regulations with his proposal. Ms. Baldwin stated that it appears that the front portion of the Doane Avenue lots will have a street in their backyards. Mr. McNaughton stated that the design and location of the road will vary depending on the topography and wetlands. Mr. Paleologopoulos asked what Agawam Planning Board May 21 , 2009 Page 4 the size of the lots on Doane Avenue are and who owns the property to the south of the WMECO property. Mr. McNaughton stated that the lots on Doane Avenue are less than 15,000 SF and that the Rosati property is south of the WMECO property. Ms. Awand asked why he did not request a zone change on the RA I property to Industrial to access the back. Mr. McNaughton stated that requesting a zone change to industrial probably would not be well received by the Doane Avenue residents. Mr. Ward asked ifless lots were allowed would the residential subdivision still be viable. Mr. McNaughton stated that he owns the land and will do what he can with it. Mr. Ward asked if the Anchor Electric building would remain. Mr. McNaughton stated yes, and that access to his property is adjacent to that. Mr. Ward then asked for any public input. Shirley Kibbe, 40 Doane Avenue read a statement to the members outlining her concerns. She also provided the members with copy of a petition against the proposal. She stated that the land was zoned industrial in the 1950's and feels that the businesses and industries are good neighbors. She pointed out some of her concerns with rezoning the property all Residence A I as follows: homes cost the town money in services and schools; the town is seeking more businesses; currently III homes on the market in town; tax rate of residential much lower than commercial; the cost of each child in the schools; she feels it would be more profitable for the town to keep the zoning as is. She then asked Mr. McNaughton why he bought the land in the first place. Mr. McNaughton stated that he evaluated it for residential possibilities. She asked who the builder would be and what has he built and where. Mr. Ward explained those questions would be more appropriate when a plan is submitted. She then questioned his proposed access to the end of Doane Avenue. Mr. McNaughton stated that he is under contract with the Desrosiers for the property at the end of Doane Avenue. Ms. Kibbe then asked if any open space would be left for the wildlife. Mr. Ward stated that the site contains wetlands and endangered species. Ms. Kibbe then asked if he had met with the Conservation Commission yet. Mr. McNaughton stated no, not the Conservation Commission, but the "folks from endangered species" and "they liked the concept". In closing, Ms . Kibbe asked how putting homes behind Doane Avenue would be a benefit to the town. Donald Gaunt, 28 Doane Avenue addressed the Board and expressed his concerns over safety. He stated that there is a bend in Silver Street in this area which makes it a very dangerous location. He also spoke of the large amount of traffic on Silver Street. He submitted pictures of Silver Street in the area where the proposed access to this site would be. Jim Consolini, 101 Doane Avenue asked if this would be affordable housing. He stated that there are many high priced homes "sitting empty". He went on to say that he has lived on Doane Avenue for 52 years and it is a dead end street and a beautiful place to raise a family. He stated that he is totally against this request. Debbie Giffith, 94 Doane Avenue stated that she is very concerned about adding more traffic on this dead end street and asked ifhe could "loop" the street on his own property without connecting to Doane Avenue. She also asked with the existing Residence A I Agawam Planning Board May 21, 2009 Page 5 zone how close could homes be built to Doane Avenue. Mr. Ward responded approximately 30'. Mr. McNaughton responded that traffic on Doane Avenue will be virtually unaffected by his development as those new residents are more likely to use the new street for access. Ken Jones, 34 Doane Avenue asked if the utilities would be underground. He stated that there are underground springs on this property. Mr. McNaughton stated that all utilities will be underground. John Cabana, 14 Doane Avenue spoke of the traffic that exists on Silver Street with the industrial park. He asked if the "factory" would stay and why put homes here? Mr. Ward explained that the business is on a separate parcel and is unaffected by this application. Stuart Kibbe, Doane Avenue stated that he has lived here for 54 years and that Doane Avenue is a "tight circle" and he has seen flatbeds having to back down the street. He does not feel Doane Avenue can handle additional traffic. Ray Lucia, 777 Silver Street asked what the width of the Residence Al parcel'is. Mr. Ward stated 127'. Mr. Lucia stated he owns the property that abuts this site to the south and that access could be provided through that land. Mr. McNaughton responded that he has looked at that property and there are topography constraints. Shirley Kibbe stated that the 127' Residence Al zone was provided as a "buffer" for Doane Avenue. She reiterated that Silver Street is a very busy street. Donald Gaunt, 28 Doane A venue reiterated his concerns over safety and stated that there are many young children that reside on Doane Avenue and they have no playground in the area so oftentimes the children play in the street. He stated that Agawam is fortunate to have "such a fine" industrial park and he would rather have businesses behind him than more homes. Ray Lucia asked if this would only allow for single family homes. Mr. Ward stated yes. Mr. McNaughton stated that providing a looped road with Doane Avenue will be beneficial as the existing situation provides for 30 homes on a 1500' dead end street. Motion was made by Ms . Baldwin and seconded by Mr. Morassi to continue the public hearing for the zone change request on Silver Street by Aspenwood Associates LLC to the June 41h meeting. VOTE 4-1 (Paleologopoulos opposed) Mr. Morassi asked Mr. McNaughton if he does not get this zone change would he consider requesting a zone change from Residence A 1 to industrial. Mr. McNaughton Agawam Planning Board May 21,2009 Page 6 stated that his primary business is a residential builder and he feels that use would be more compatible with this area. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to table action on the Aspensood Associates LLC zone change request on Silver Street to the June 4th meeting and to request from the applicant proof of a contract with the property owner at the end of Doane Avenue. VOTE 4-1 (Paleologopoulos opposed) Mr. McNaughton stated that he will provide the Planning office with a copy of his contract with the Desrosiers. 5. PUBLIC HEARING -Zoning Amendment -Fence Heights -Town Council Mr. Ward stated that he had spoken with Town Council member Jill Simpson today. She sponsored with zoning amendment but was unable to make the meeting tonight. Mr. Ward explained that this zoning amendment pertains to comer lots only and gives the property owner a right to apply for a special permit through the Board of Appeals that would allow for up to a 6.5' tall fence in the setback area only. Mr. Morassi questioned whether there was a need in Town for such an amendment and would like to have more infonnation on why this is needed. Board members Baldwin, Awand and Paleologopoulos all felt they had sufficient infonnation on the amendment. Mr. Ward asked for any public input. Katie Butler, 151 Cooper Street stated that she lives next to The Federal and runs a day care center in her home. She stated her side lot on Cooper Street is really her backyard and that she has no privacy. She stated that this is a high traffic area is very dangerous as many people also walk in this area. She stated that her property had a 4' fence when she purchased it. She went on to say that each application would be looked at and evaluated by the ZBA and that there are many comer lots which do cause visual obstructions, however, hers does not. She urged the Board's support of the amendment. Paula Sullivan, 165 Cooper Street spoke in favor of her neighbor's fence and stated that there is sight distance issue for her. There being no further public input, Mr. Ward closed the public hearing. Ms. Baldwin stated that she feels that this amendment would allow the property owners an opportunity to apply for a special pennit if they feel need it. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to send a positive recommendation to the Town Council regarding the zoning amendment for fence heights. VOTE 5-0 Agawam Planning Board May 21, 2009 Page 7 6. UPDATE -Anvil Street Mr. Calabrese was in attendance this evening. The Board received a memo from the Engineering Department outlining the progress that he has made since the last meeting and items that still need addressing. The Board and the Engineering Department received copies of a letter from D.L. Bean, Inc., however, it does not specifically addressed approved vs. existing grades. Mr. Morassi stated that a site visit was held to view the progress and while Mr. Calabrese has made significant progress and the grading is better, there is still exposed fill. Mr. Calabrese stated that he is waiting for D.L. Bean, Inc. to certify the grades then he will place topsoil and seed. The members informed Mr. Calabrese that he needs to keep progressing with the work and that they will be discussing this again at their next meeting in two weeks. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to amend the agenda to include the "add-on's". VOTE 5-0 7. FORM A'S (2) -Elizabeth Street -DePalma Mr. DePalma has submitted two form a's which show land oflots he owns within the Elizabeth Street subdivision being deeded to abutters. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to approve the two Form A's for DePalma on Elizabeth Street under "Subdivision Control Law Not Required". VOTE 5-0 10. SIGN PLANS, EASEMENTS & PERF. AGREEMENT -Cecilia Estates The mylars are ready to be signed, the easements have been reviewed by the Town Solicitor and are ready for the Board's signature and the Performance Agreement has been signed by the developer. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to sign the plans, easements and Performance Agreement for Cecilia Estates. VOTE 5-0 II. EASEMENTS -Farmington Heights -DePalma The Town Solicitor has reviewed the easements for Farmington Heights and they are now ready for the Board's signatures. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to sign the easements for Farmington Heights. Agawam Planning Board May 21 , 2009 Page 8 VOTE 5-0 8. Land Court Plan -Connor's Cove A land court plan has been submitted for the Board's approval which shows the Connor's Cove subdivision. There is a portion of land within the subdivision that is registered land. Motion was made by Ms. Baldwin and seconded by Ms. Awand to endorse the Land Court Plan for Connor's Cove. VOTE 5-0 The meeting adjourned at 9: I 0 PM. " Agawam Planning Board June 4,2009 Page I MEMBERS PRESENT: Travis P. Ward, Chainnan Elaine.Awand Violet Baldwin -8:20 PM Michael Morassi Mark Paleologopoulos ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr AGA W AM PLANNING BOARD June 4, 2009 Mr. Ward called the meeting to order at 7:00 PM. I. APPROVAL OF MINUTES -May 21, 2009 Motion was made by Ms. Awand and seconded by Mr. Paleologopoulos to approve the minutes of May 21, 2009 as written. VOTE 4-0 2. PUBLIC HEARING CONT. -Zone Change -Silver Street-Aspenwood Associates LLC Kirk McNaughton of Aspenwood Associates LLC was in attendance. He gave a brief overview of his zone change request from Industrial to Residential A I on property he . owns adjacent to Doane Avenue and also on a piece that is owned by Caruso. He stated that residential will be a less intensive use than industrial and that Doane A venue is currently a dead end street that would benefit from becoming a looped street with his new proposal. He stated that currently he cannot access the industrial zoned portion of his property and that the Town Planner report was favorable. Mr. Ward then asked for any public input. Shirley Kibbe, 40 Doane Avenue questioned the "favorable report" he referred to. Ms. Dachos explained that she reviews all zone change requests and prepares a thorough report for the Board members regarding adjacent land uses, etc. She went on to say that the industrial portion of this property is unusable at this time due to the Residential A I zone in the front portion. She explained that you cannot go through a less restrictive zone (residential) to access a more restrictive zone (industrial) and that this would be the only way he could use this property. Mr. Ward explained that the zone change would be the first step in the development process and that if it is granted, the developer would then have to submit a preliminary subdivision plan and then a definitive subdivision plan, as well as a filing with the Conservation Commission. Agawam Planning Board June 4, 2009 Page 2 Stuart Kibbe, 40 Doane Avenue stated that there is a pipe in the ground approximately 100' from the back of his house and he used a measuring device and found water at 9.5'. Jim Consolini, 101 Doane Avenue brought up the tentative contract with the property owner at the end of Doane Avenue (Desrosiers) that Mr. McNaughton referred to at the last meeting and asked how much land was involved. Mr. McNaughton stated that there is sufficient land associated with the contract to work for his intended use. Mr. Consolini then questioned the distance from the property line of Cosimi to the new proposed road which would become a comer lot. Ms. Dachos explained that sideyards on comer lots are greater than non-comer lots and that no plan has been submitted yet to address that issue. Mr. Consolini stated that this could pose problems with the water table in the area and questioned whether the width of the land at the end of Doane A venue would be sufficient to put a road int. He also asked if a 30' buffer would be required. Ms. Dachos explained that the 30' buffer was a requirement years ago, however, it has been removed from the regulations as it was deemed not to be enforceable. Joan Martel, 80 Doane Avenue stated that the property contains large wetlands and brooks and is not feasible for housing. She then read a statement from her neighbors who could not be in attendance this evening (Michael & Karen Gay, 20 Doane Avenue). The statement she read stated that they "are opposed to the zone change request. ... so many new homes in town currently ..... need to keep the small town atmosphere .... more children will tax the school system .... modular classrooms being used now ... " Ray Lucia, 777 Silver Street stated that this area of town (Shoemaker, Silver and Suffield) was zoned industrial many years ago and is not in favor of this zone change request as it would set a precedent. He went on to say that this land is not landlocked as the Town Planner has said. He also stated that the ARIP is full and the town needs industrial zoned land for a strong tax base. He does not feel this request makes sense and urged the Board members to walk the property. He feels that the best use for this land would be a town park. He also pointed out that the land contains pipes and ditches and that the former airport property drains to this area. Ms. Dachos clarified the "landlocked" issue and reiterated that the industrial portion of the land cannot be accessed through the residential zone and therefore has no legal access on a public way. Mr. Ward stated that Planning Board members have walked the site to get a first hand view of the area. Angela Rice, 58 Doane Avenue stated that she moved to this home approximately five years ago and was told at that time that the land behind Doane Avenue could not be built on. She then asked how often the town has changed the zoning to residential and it was determined that they could not build on it. Ms. Dachos stated that the town doesn't normally look favorably upon changing zoning from industrial to residential; and that the property owner is currently paying taxes on a large portion ofland that cannot be used. Donald Gaunt, 28 Doane Avenue reiterated his concerns expressed at the last meeting regarding safety. He stated that due to a "bend" in this vicinity on Silver Street, pulling out of Doane Avenue is "blind". He also stated that Doane Avenue is narrow and does Agawam Planning Board June 4, 2009 Page 3 not meet current design standards; children play in the street and there is no playground in this area. Shirley Kibbe, 40 Doane Avenue stated that she provided the Planning Office with an updated petition with approximately 180 signatures in opposition to this request. She spoke of the wetlands, steep slopes and other topography issues with the land. She feels that the current zoning should be upheld. She went on to say that Mr. McNaughton knew the zoning of the property when he bought it and that he was unsuccessful in reselling the property. She also stated that homes cost the town more money in services such as plowing and trash pick up vs. commercial taxes which are at a higher rate. She stated that it costs approximately $5,000 per child per year in the school system. She concluded by saying that it would be more profitable for the town to keep the zoning as IS. Pam Murphy, 132 Cooper Street asked if the property is unusable as it its, could the applicant request a zone change on the residential portion to industrial? Ms. Dachos stated that there is some history to the residential zone adjacent to Doane Avenue and explained that in the 1950's the town zoned the majority of this area industrial with the exception of Doane Avenue. At that time, the town agreed to provide a "buffer" for the Doane Avenue residents by adding a strip of residential zone adjacent to Doane Avenue. Jim Consolini questioned the number of acres in the proposal as 17? Mr. McNaughton stated that there are a total 24 acres, 17 of which are subject to the zone change. Mr. Consolini asked if that includes the wetlands and if so how much is buildable without the wetlands? Mr. McNaughton stated yes it includes the wetlands. Mr. Paleologopoulos stated at the last meeting Mr. McNaughton stated approximately 50% of the site would be buildable. Mr. Ward stated that due to the substantial amount of wetlands and slopes, the number of buildable lots would be based on those constraints. He went on to say that with these issues, the lots could be larger and this may be a desirable area. Debbie Griffith, 94 Doane Avenue stated that Mr. McNaughton could apply for a tax abatement but instead wants to put houses there with wetlands. Would the future homeowners pay lower taxes? Ms. Dachos stated that he is currently paying for buildable industrial land and it is not usable. Stuart Kibbe, 40 Doane Avenue stated that the applicant should have been aware the property wasn't zoned for his intended purpose when he purchased it. Mr. Ward explained that it is the applicant's right to apply for this. Donald Gaunt pointed out that there is a WMECO easement at the end of Doane Avenue and that large trucks go down the street to access the easement. Linda Jacobs, 64 Doane Avenue stated that she is opposed to this zone change and stated that the children in this area often play in the street and that the adjacent woods are a great place for the children" to learn and to play". She stated that the homes on Doane Agawam Planning Board June 4, 2009 Page 4 Avenue are affordable. Mr. Ward stated that children playing is the street is a safety issue and that the adjacent parcel is not owned by these families but by a private individual and you can't expect him not to develop the property so that the neighborhood children can play on it. There being no further public input: Motion was made by Mr. Morassi and seconded by Ms. Awand to close the public hearing on the zone change request by Aspenwood Associates LLC on Silver Street. VOTE 4-0 Mr. McNaughton submitted two letters of support to the Board and stated "for the record" that he intends to set aside approximately 50% of this site for open space. He stated that he is a respectful person and respects people's rights. He stated that the comments he has heard from the abutters are land use issues and that "their objections are not germane" to the zone change request. He stated that the traffic issues, Doane Avenue being narrow, kids playing in the street are facts. He stated that he has a right to use his land as he sees fit; people love the open land and to use it and that they could have purchased it. He concluded by saying that he feels his proposal will improve public safety; provide for a less intensive use; and it won't be worse -it will be better. Mr. Morassi stated that the Planning Board must look at the best planned long term use for the property and whether it is better to leave as is or change as requested and what positive or negatives effects is may have on Doane Avenue. Mr. Paleologopoulos stated that he walked the property yesterday and with the topography, if a road were put in it would not be a "straight shot" but would be a meandering road. He stated that he noticed dumping that is taking place on the property. He also stated that in terms of safety pulling out of Doane Avenue, perhaps some trees could be cut to enhance the site distance/visibility. Mr. Ward stated that the land is legally landlocked now; in terms of sight distance concerns, the Board could require a sight distance study if and when a subdivision is proposed; the number of lots could be severely restricted with the property constraints and the size of the lots could make them quality lots. He also expressed concern over the dumping that is occurring on the site. Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to send a negative recommendation to the Town Council with regard to the Aspenwood Associates LLC zone change request on Silver Street. VOTE 2-2 (Ward & Awand opposed) 3. PRELlMfNARY PLAN -Federal Street -Tirone Development Corp. Rob Levesque of R.Levesque Associates was in attendance along with Joe Tirone. Mr. Levesque stated that this proposed plan shows the creation of four single family lots on a Agawam Planning Board June 4, 2009 Page 5 cul-de-sac that is less than 500' long. There is a fifth lot shown with frontage on Federal Street which he stated will be "form a'd". He explained that there would be a sidewalk on one side of the street and there are issues with the direct access off of Federal Street. He stated that there is an existing 60' strip off of Federal Street to this site. They would propose a 26' wide road within that strip and may request a waiver from the 46' right of way to allow for a 40' ROWand one sidewalk. He stated that maintenance of the sidewalk would be the responsibility of the abutters on each side of the new street. He went on to say that the stormwater will most likely go through the Town system and tie into an existing 15" line in Federal Street. The Engineering Department submitted comments, one of which is that a capacity analysis will need to be conducted prior to the definitive plan submittal. Curbcuts for access to the new road for the existing two abutters will be provided. He stated that in terms of the "reserve strip" at the access road, a 40' ROW would resolve the setback issues on both the abutting properties. He stated that a 25' setback is required on comer lots so they could deed surplus land to the abutters rather than use the "reserve strip" as shown. He stated that this project would provide for water and sewer benefits to the Town as the developer would replace the sewer line to Main Street and the water line will be upgraded as well. Mr. Morassi stated that he is "not excited" about the Form A lot shown on Federal Street due to the steep slopes. He also stated that the "reserve strips" become nightmares in terms of maintenance. Mr. Levesque stated that he has had conversations with the two abutters and both have agreed to the strips. Mr. Morassi stated that the Engineering Department has concerns on sewer and water and that from a planning aspect, lot 5 and the strips coming in from Federal Street are concerns. Mr. Ward stated that the Board may want to see proof that the two abutters would enter into an agreement regarding maintenance of the strips. Mr. Paleologopoulos stated that he has concerns with Federal Street as it exists; it 's not well paved; winter conditions make it worse and it is difficult for the town to maintain and plow. He expressed concerns over the conditions of Federal Street during the construction phase, and more specifically, over drainage. Mr. Levesque agreed "Federal Street is rough" but that they would adhere to Planning Board concerns over construction activities. Ms. Baldwin entered the meeting. Mr. Ward asked how the drainage would be contained and not have an effect on the abutting lots. Mr. Levesque stated that there is an existing bordering vegetated wetland on the southwest comer and an isolated wetland to the east and no direct abutters on the south side. He stated that he will assure through grading that no additional water will flow onto abutting lots. He explained that water from the new road will go into catch basins then subsurface into Federal Street. He stated that from the southeast comer any water will drain into a swale to Main Street. Mr. Ward then brought up the 6-3-09 Engineering Department comments and asked what kind of sewer line improvements they propose. Mr. Levesque stated that the developer will repair the line from the existing northeast comer manhole out to Main Street. He Agawam Planning Board June 4, 2009 Page 6 stated that there is an existing easement in place that would allow for that work and that the water line will be improved from the entrance of the new road to Main Street. Ms. Baldwin stated that she is concerned with the two "corner lots" and their setbacks. Ms. Dachos stated that any requested waivers must be submitted in writing and that the abutters information should be put on the plan. She also brought up a 1978 archeological study which she has in the Planning Department that shows native American campgrounds very close to this site. She stated that although it appears to be off this site, they should contact the Mass. Historical Commission regarding the possibility. She then brought up lot 5 and stated that as it is shown, it is part of the subdivision. She asked if it was their intent to Form A it now. Mr. Levesque stated yes that they would be preparing a Form A for the lot. Ms. Baldwin asked how much clearing of the site would be needed. Mr. Levesque stated that due to the wetlands on the site, clearing will be minimized. Mr. Ward stated that perhaps some plantings could be proposed adjacent to the abutters. He then suggested that the Board send this plan to the Safety Officer for his review of the sight distance concerns. The members agreed with that. Mr. Ward then allowed for public input. Ted Newson, 55 Federal Street stated that three out of the five lots shown are within the 100' wetland buffer. He went on to say that this is a very flat piece of land and he has concerns over water and drainage. Mac Lynch, 35 Federal Street stated that he did have a conversation with Mr. Levesque and Mr. Tirone but did not want the Board to be misled. He stated that he does not want any zone violations on his property. Geraldine Schilling-Nordel, 203 Cooper Street stated that she is speaking for the animals that live in this area. She also expressed concern over the driveway to lot 5 and stated that it's "an accident waiting to happen". She expressed concerns over the drainage on Federal Street also. Mac Lynch then stated that he wanted the Board to know that there are four driveways at the end of the new road. Pam Murphy, 132 Cooper Street stated that her land goes down to the bottom of the hill on this property and that area is vcry wet. She is concerned that the isolated land subject to flooding will be built on. Ms. Dachos stated that the wetland delineation as shown was approved by the Conservation Commission last year and that any development would have to adhere to the Wetlands Protection Act. Dr. George Vassos, 158 Main Street stated that his property is downstream from this site and that water is a "huge issue". He stated that all of the runoff will come his way. He went on to say that twenty years ago when he bought this land he was given written authorization from the Town to connect to the stormdrain in Federal Street. When the time came for this to occur, he was told that he couldn't connect but that he would have Agawam Planning Board June 4,2009 Page 7 to put in all of the piping and cap off the water until the Town upgraded the line in Federal Street. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to table action on the Preliminary Plan on Federal Street by Tirone. VOTE 5-0 4. SITE PLAN -McDonald's -Suffield Street Motion was made by Ms. Baldwin and seconded by Ms. Awand to table the Site Plan for McDonald's on Suffield Street as requested by the applicant's representative. VOTE 5-0 5. REVISION TO SITE PLAN -Main Street Deli Frank and Joanne Locke, owners of the Main Street Deli, have requested a revision to their site plan on Main Street. Rather than construct a deck as is shown on the plan, they would like to construct a patio. The Engineering Department reviewed the request and submitted comments. Ms. Dachos stated that the Locke's will be bringing in a new site plan soon which will show additional parking. At that time, the patio will be shown on the plan as well. Motion was made by Ms. A wand and seconded by Ms. Baldwin to approve the revision to the Site Plan for Main Street Deli to allow for a patio vs. the deck that is shown on the original plan, conditional upon the Engineering Department comments and with the understanding that the patio will be shown on the site plan that is being prepared for additional parking. VOTE 5-0 6. UPDATE -Anvil Street Mr. Calabrese was in attendance this evening. He stated that D.L. Bean, Inc. has submitted a letter to the Town Engineer. Mr. Morassi stated that he spoke with Mike Chase and that he wants individual lot grading plans with walk out basements. Mr. Calabrese stated that a grading plan for lot 3 was given to the Engineering Department today. Mr. Morassi stated that he has not been back out to the site but is aware that progress is being made. Motion was made by Mr. Morassi and seconded by Ms. Baldwin to table Anvil Street to the next meeting. VOTE 5-0 Agawam Planning Board June 4, 2009 Page 8 7. BOND SETTING -Robin Ridge Estates Robin Ridge Estates developers Mike Banville and John Toomey were in attendance this evening. The Engineering Department has prepared a bond amount of$223,700 with a punch list. The developers stated that Mike Chase had told them that he would provide the Board with two dollar amounts as the paving is scheduled to be done tomorrow and that they cannot wait two more weeks for a bond amount. The members explained to them that they could table action on this tonight or vote to set the amount as recommended by the Engineering Department and if they wish to have a new amount prepared for the next meeting, the Board could act on a new amount at that time. Motion was made by Ms. Awand and seconded by Mr. Morassi to set the bond for Robin Ridge Estates at $223,700 as recommended by the Engineering Department. VOTE 5-0 8. BOND RELEASE -Dova Subdivision -Aimua Mr. Aimua had requested a release of bond, however, the Engineering Department has issued a memo with outstanding items to be completed. Motion was made by Ms. Baldwin and seconded by Mr. Morassi to deny the request for release of bond on the Dova subdivision based upon the Engineering Department's memo dated June 4, 2009. VOTE 5-0 Motion was made by Ms. Awand and seconded by Ms. Baldwin to amend the agenda to include the "add-on's". VOTE 5-0 9. DISCUSSION -108 Coyote Circle Steve Lubarsky of 108 Coyote Circle had submitted a letter to the Board outlining proposed work in the "buffer" behind his home. This property is part of the Wild Turkey Estates subdivision and a "buffer covenant" was placed on the deeds. The members agreed to make a site visit to view the area of the proposed work. The meeting adjourned at 9:00 PM. • ! • , !. President Letellier -Moved by Councilor Simpson, seconded by Councilor Cavilllo. Do we have any discussion? No? Seeing none, Barbara, could you please call the roll? ROLL CALL -10 YES, 0 NO, 1 ABSENT (Councilor Mineo) President Letellier -With a vote of ten yes, one absent, we have adopted an appropriating budget for July. 4. TR-2009-20 - A Resolution Authorizing the Reservation of Funds from the Community Preservation Fund (CPA) (Majority of those present and voting) President Letellier -Again, every year they have to set aside certain mandatory portions and we have that in our 2009-20. I'm sorry. Do we have a motion? Moved by. Councilors Perry and Simpson, seconded by Councilor Cavallo. Any discussion? No? Barbara, could you call the roll? ROLL CALL -10 YES, 0 NO, 1 ABSENT (Councilor Mineo) President Letellier-With ten yes, one absent, you've approved the CPA funding. Item 7. Report of Council Committees None. Item 8. Elections None. Item 9. Public Hearings 1. PH-2009-3 -(ZC-2009-3) Zone Change for the Property located on the Easterly side of Silver Street and Southerly of Doane Avenue in Agawam, for Aspenwood Associates LLC, and J. Kirk MacNaughton, Manager, Petitioning the Town of Agawam' to Change the subject property from "Industrial B" to Residence A-I" (Referred to Zoning Review Committee) President Letellier -I now declare the public hearing open. For those of you who have not participated before, I'll sort of explain to you all that we'll do. Generally the Petitioner or the Proponent goes first. Every speaker has ten minutes to speak. The Council may. interrupt to ask you questions, you will not lose any of your ten minutes. So first the proponent would go, then anyone who wished to speak in favor would go, anyone wishes to speak in opposition would be next, anyone who wishes to register his or her name in favor would then go forward and then anyone who wishes to register his or her name in opposition would go forward. And I'll announce that as we switch from place to place. And just a reminder that the Planning Board has not issued a ruling yet so we will have the public hearing tonight, but the Council cannot vote. So we can either 3 ... . , close the public hearing tonight or we could table it to wait for the Planning Board. So I first ask Mr .. MacNaughton, do you wish to make a presentation? Kirk MacNaughton -Yes, yes I do. President Letellier ~ Okay, come on up to the microphone and again, please state your name and address and you'll have ten minutes to speak. Kirk MacNaughton -Okay, thank you . President Letellier -You're welcome. Kirk MacNaughton - I have a map here so I'll set this up so you folks can take a look at it. Presil\ent Letellier -Certainly. Kirk MacNaughton -Are you able to see this? President Letellier -Yes, thank you. You need to push the button so you are recorded. There you go, .thank you. Kirk MacNaughton -Okay, thank you. My name is Kirk MacNaughton. I'm with the company, Aspenwood Associates. As the Chair indicated, I am here to petition the Council for a zone change for a couple of parcels that are depicted on the map here: What we have is there's two parcels ofland -they're both located on Silver Street. Silver Street's over here on the left side of the map, runs in the north and south direction. The map shows Doane A venue and the Doane A venue sub-division which runs in an easterly and westerly direction which IS north of the property. This petition's for two lots. Aspenwood Associates owns the parcel that's on the -can you hear me okay - President Letellier -Yup. We just need to make sure that you:re recorded correctly. Kirk MacNaughton -Okay. Aspenwood Associates owns the parcel on the westerly portion and on the easterly portion, there's a parcel that's owned by the Caruso family. Both of these properties are unusual in that they have land contained in two different zones. You can see that we crosshatched a section of the property here, the area that has the green crosshatch is currently a Residential A-I zone, it's adjacent to Doane Avenue which is also a Resident A-I zone and the parcel that's crosshatched here in the pink, is currently in the Industrial B zone. Now, the property generally is flat at the north where . it's adjacent to Doane Avenue. This area here is pretty flat and the southerly portion of the property is kind of, has a deep gully and has a: lot of wetlands -here. On the east side, we're bounded by an overhead power line and the property is owned by Western Mass Electric Company. The zoning to the north as I said on Doane Avenue is residential and on the other three sides of the property the current zone is industrial. So our game plan or our request is that we're gonoa ask the commission or the City Council 4 to change the zone of the pink crosshatch area -the Industrial B -from Industrial B to Residential. We've met with the town heads of the different departments or the different staff heads, you're probably familiar' they have a pretty regular staff meeting for developmeI:\ts such as this and we met with the Head, the Police Chief, the Fire Chief, the Head of the DPW, the Engineering Department, Planning Department and so on. We went through'this proposed zone change and then the resulting plan with them in detail and they were kind of, they didn't have no objections to what we were doing. Our plan is to a residential sub-division here. We would like to change this to all Residential and we would propose to bring a road in this area here where we front on Silver Street, kind of loop it in through the property and connect it back in to the end of the cui de sac at Doane Avenue. We would of course have to comply with all the A-I zoning requirements but with the amount of land that we have, we would be able to very comfortably exceed all the zoning requirements. The land owned by Aspenwood Associates, the land on this side, is about 17 acres, about twelve of which is in the Industfial zone. Of the Caruso property, their total property is approximately seven acres or seven and a half, and they have about five acres that's in the Industrial zone. So this overall application is to change twelve more or less plus five -seventeen acres from Industrial to Residential. In anticipation of the zone change, the Town Planner, I'm sure you've seen her report, the Town Planner goes through the proposal and evaluates it and she wrote a very lengthy, detailed report but I wanted to just highlight what she says is that "the only access to the Blue Sky parcel" -now just for clarification pUrposes Blue Sky Builders is a company , that I'm affiliated with. Blue Sky Builders recently conveyed this property to another company -Aspenwood Associates -so when she makes reference to the Blue Sky parcel, it says Blue Sky Builders on the map but that's really the Aspenwood parcel that we're talking about. She says "the only access to the Blue Sky parcel is through a Residential zone", so right here, this is the Blue Sky parcel, the only access is here off of Silver Street through the Residential zone. "Under state law, you cannot access a less restrictive zone through a more restrictive zone." In other words, you cannot provide an access road to Industrial land through a Residential zone, And she goes on to say "given these constraints, residential use would be the only feasible use of the property." So what we're really dealing with is a situation where this pink crosshatched area which is in the Industrial zone is essentially land locked because we can't get access for an Industrial use to this property even though it's zoned Industrial. So, that's really the main reason for our request is to unify the zone so that we have all the Zone B Residential, both parcels. We considered the opposite request to unify the zone so that the entire parcel could be zoned Industrial. At the Planning Board meeting some of the neighbors thought that that would perhaps be better than Residential but I don't personally agree with that. I think that there is a benefit to the Town in changing the zone because you're going from a zone that's very liberal-let's all types of uses that really aren't that compatible with Residential use allowed in the Industrial zone and by changing it, you're going to really the most restrictive zone in the Town -the Residential A-I zone -allows basically single family homes and a couple other things like parks and churches and town buildings but essentially you'd be going from a pretty liberal zone that allows all types of uses to a very controlled, conservative zone, the Residential A zone. Another benefit of this to the Town and to the residents of Doane Avenue is that right now Doane Avenue is about 1400 or 1500 feet long. It would not be allowed today under today's zoning because in 5 • , . ... todais zoniUg the maximum length cui de sac that the Town of Agawam allows is five hundred feet. This is 1400 feet. One of the reasons tha,t the towns have such restrictive dead end road requirements and this is kind of similar in every town these days is that the fire department, the police department, the engineering, the public works, everybody is concerned about health and safety issues. They're concerned about a street like Doane Avenue with thirty residents on it, you have a situation where you have a traffic accident . at the intersection or a tree drops across the road or all kinds of things, these are things that public safety people always bring out to developers when a developer wants to come in and do a long cui de sac, they say well no, it's dangerous, you run a risk where what happens if we need to bring an ambulance in here and there's a traffic accident here. Well this allows us to take a currently non-conforming use and make it conforming and make Doane Avenue a little bit safer. Some of the residents that came at the Planning Board meeting, they were very vocal and they talked a lot about the fact that Doane A venue is in a lot of people's minds, sub-standard. It is narrower than most roads' today and the cui de sac is smaller and they talked about situations where tractor trailers can't really tum around at the end of the cui de sac and that type of thing. So there's situations where well a tractor trailer drives to the end of the cui de sac and they have to back out, creating a nuisance in blocking the road and that type of thing. And that's one of the benefits that we would bring to that neighborhood, would be eliminate that non- conformity, that somewhat, possibly, hey who knows if its dangerous or not because until something like that happens, it's really not a danger but it does give the Town the ability to create a situation that would eliminate that type of circumstance. So that's really basically it. We're asking for the opportunity to utilize our property, to put it into a less restrictive zone, excuse me, a more restrictive zone and one of the by-products is we improve a situation and improve the current circumstances of Doane A venue. Some of the residents are concerned that they feel like maybe they'll be more traffic going down their street but I don't really think that that's gonna happen if we have a new street coining in and looping in here. I would expect that people who were to build a new house on this street, they would use their new street for corning and going. I don't think that they would really be looping around and going up and down Doane A venue. So I don't think that that's a real; a real concern. But that's what we're proposing. One thing to keep in mind is that because of the wetlands here and the deep gulleys along the southerly border, there is a natural buffer that will be left between what's currently existing as Industrial to the south of the property. So there is a natural buffer here that will protect these residences and further keep the Industrial use away from the Doane Avenue residences just by the nature of it and then as going through this approval process or going through the preliminary development planning process, we've spent a considerable amount of time with the Commonwealth of Massachusetts Endangered Species folks, we've talked with them at great length and have agreed that if this were to be developed as a Residential development, we already have an agreement with them that we'd create a large open space conservation area that. would be kind ofL shaped all the way along the southerly and the easterly border of this property that would remain permanent open space. So that's pretty much it. I'm happy to respond to any questions you have or provide any other information you may need. 6 " President Letellier ~ Thank you very much, Any questions? Okay, we'll start from this • side and go around. Councilor Perry? • Councilor Perry -Yes, thank you Madam President. Through the chair, if we allow this zone change to take place, how many housing units are you proposing to put in? Kirk MacNaughton -I think the constraints on the side that about fourteen would be the maximum that would be able to be physically able to be built on the site. Councilor Perry -Okay, now that narrow strip according to my map is 126 feet wide, that's ample for today's zoning requirement to put a street in for that length? Kirk MacNaughton -Yes, it is , Fifty feet or sixty feet, depending on the number of residences is the required width that would meet either of that. Councilor Perry -Okay, that's all that I have right at this moment. President Letellie,r -Thank you. Councilor Calabrese? Councilor Calabrese -Thank you. Did the property that abuts Silver Street on your map to your left, see the pink hatched area is -yup, and then move your hand to the right, there you go, that property right there -did you say that that was Industrial zoned? Kirk MacNaughton -Yes, it is. There's two small industrial use buildings here . Anchor Electric Motor is one and a plastic company, the name escapes me. Councilor Calabrese -Toner, okay, yea, I know where Toner Plastic is, okay all right, I was just trying to gel the point of reference, Now how frequently do tractor trailer trucks go down Doane Avenue? ' Kirk MacNaughton - I have no way of knowing. Councilor Calabrese - I was just goona say -and Councilor Perry had actually asked the other question that I had. So, thank you. President Letellier -Thank you. Councilor Simpson? Councilor Simpson -Thank you. Just one brief question, if I saw this and if it was in here and I didn't see it, I apologize for asking it but approximately fourteen houses, what are we looking al for price range for these houses? Do you have any concept of where you're gearing for? Kirk MacNaughton -Well, generally speaking, this is always kind of subject to change but yea, I think we're probably looking at home sizes thaI goima range from 2200 square feet to 2800 square feet, you know kind of a middle you know real big houses but not small either. You know houses are goona be priced at $400,OOOish maybe a little bit 7 , " " " 11 " I' I " " • • more, $500,000.00 something like that. They'll be nice. Because of this large open space, the conservation easement area, and the small number of lots, really the whole parcel is about 24 acres, so you've got quite a few lots that are two acres or greater so there is quite a bit of space and buffer there. Councilor Simpson -Thank you. President Letellier -Thank you. I think Councilor Messick had her light on next and then Councilor Cavallo. Councilor Messick -Hi. Can you tell me who you spoke with at National Heritage? You say you walked the parcel with National Heritage? . Kirk MacNaughton -Oh, yes. Two folks, the staff person there is Misty Ann Merrill. I've met with her several times and then her supervisor also was very involved in the process and his name, you had to. ask me this didn't you, was or is, I spoke to him many times, it'll come to me, if you want to give me a hint I can confirm if it is was him or not but - Councilor Messick -That's okay. I can figure out who it is. If you told me Misty, I know who it is. The rule of thumb if a protected species is found on a property, you reserve two thirds of the parcel, and this entire parcel is in priority and estimated habitats so I saw a statement somewhere in here that said you'd agree with National Heritage to preserve fifty % of it? Kirk MacNaughton -Well- Councilor Messick -That's a little unusual. Kirk MacNaughton -Well, not necessarily. I think I know more about the Endangered Species in the State of Massachusetts than I really care to and it's a constantly moving target but it's not a black and white target. The percentages that you are referring to -the 30%/70% -is a number that is kind of the stated number but in reality it's a negotiated number and in our particular case, like I said we spent time out there and there's a -we have two endangered species -well one's not endangered, one's protected; one',s endangered. The protected species is the box turtle which is pretty common in Agawam and the other is the worm snake. The worm snake is off our property but we're still in the trave!" zone of the worm snake and the ... folks are very, they're very fond of worm snakes I guess is the best way to say it. I mean it's a species that they're very cogniscent of. It's a species that nobody ever, like there's probably ten people that have ever seen it because it's a little tiny, I've never seen one but, it's a little, tiny snake that looks like a worm that lives under rocks you know but because there is a worm snake nest in the area, they were very anxious for me to preserve a particular site on here without going through the whole negotiation process, and they basically said well look if you reserve this area for us for the worm snakes, we'll give you some flexibility on the box turtles and allow a little bit more development than the thirty/seventy. That's kind of the short of it but 8 • • they've seen my proposed development plan. I guess they've given the okay that they like it. They can't really give a preliminary approval on it yet because they need maps done to a certain standard which we haven't had completed yet. . Councilor Messick -Right. So you haven't had wetlands delineations done? Kirk MacNaughton -Well, there's already, yes, there's been wetlands delineations done, prior to my owning the property but the data is still the same, but they look for a more detailed plan than what we have at this point becilUse they need, see they need to see the actual development plan so they'll never give you, they'll never issue a preliminary approval until they see exactly where the road goes, where the houses will be, what the size of the houses will be, where the limits of the clearing will be, how does the utilities gonna work, storm water, and they need to see the whole thing before they will issue a statement. But the way the process works is they are pretty good at communicating with you and giving you know somebOdy like myself guidance as far as what they're lpoking for. Councilor Messick -Okay, one more question. AIe you aware of any vernal pools on the property? Kirk MacNaughton -No. Councilor Messick -Okay, thank you. President Letellier -Thank you. Councilor Cavallo? Councilor Cavallo -Yea, I just had a question. Coming in and going out of the development, when the people when the residents come out of the development do they go entirely around the cui de sac or do they take a quick left to get out onto to Doane Avenue, to come out to Silver? Kirk MacNaughton -The current residents on Doane Avenue? Councilor Cavallo -No, I'm talking abOut in your development. The fourteen homes- people are gonna be traveling out of there and they're exiting where the cui de sac is, correct? Kirk MacNaughton -Well, the street will run from the cui de sac around out to Silver Street. So there'll be an entrance on here on Silver Street. Councilor Cavallo -Okay. Kirk MacNaughton -So I anticipate that most people, if you're gonna build a new home in a new home area, in this area here, you're probably gonna come and go from your own street. I don't think they're gonna go to the end of the street and further away • from Silver cuz obviously everybody's got to go to Silver so I don't think they're gonna 9 ... • • go. like if their houses were here. I don't they'd travel in an easterly direction to get to the cui de sac, only to then corne back in a westerly direction to Silver Street. I think they'd primarily just corne in and out their own new road. Councilor Cavallo -Okay. President Letellier -Thank you. Councilor Rossi? Councilor Rossi -So that parcel that you're gonna buy at the end from that couple at the end, that's pretty much to get around that 500 foot restriction? Is that the reason for it? Kirk MacNaughton -I'm not sure which parcel you're referring to. Councilor Rossi -' The parcel on the end where you're gonna go through the cui de sac, the exit? Kirk MacNaughton -The third parcel you're referring to. Councilor Rossi -Right, right. Correct. Is that the reason that you're purchasing that- to get around that 500 restriction on the length of the road? Kirk MacNaughton -Yes, that's correct because otherwise neither of these would comply with that, so yes, that's right. Councilor Rossi -So that's really not, your intention is not to make Doane A venue the primary street. Kirk MacNaughton -Absolutely not. No. It wouldn't be. It wouldn't make sense that it would be. Mr. Rossi is referring, just so you know, the application for the zone change is for the two parcels -the Aspenwood parcel and the Caruso parcel. There's a 'very small sliver of land here between the Caruso parcel and the actual cul-de-sac on Doane Avenue owned by ,a Mr. Desrosiers who lives at the end of the cul-de-sac. I have an agreement to buy a strip of property from him in order to get access from Caruso to the Doane A venue property. There is a letter in the file to that effect, that's I think what made Mr. Rossi ask that question. President Letellier -Thank you. Any other questions? Councilor Perry? Councilor Perry -Just real quick for clarification -through the chair-now all the parcel that is shaded in green, that currently is part of the whole Aspen property? Kirk MacNaughton -The property line between the Caruso and the Aspenwood property is right here. It runs in a north and south direction. Everything on this side is the Aspenwood property. Everything on that side is the Caruso property but they both have the same issue. They both are part Residential. part Industrial. 10 ,-... .::.' . . ' , . • • Councilor Perry -Okay, thank you. President Letellier -Thank you. Any other questions for this speaker? No? Thank you very much, Mr. MacNaughton. Kirk MacNaugbton -Should I stay around for questions? President Letellier -I would ~uggest you do, yeah, just to be safe. Anyone else when Mr. MacNaughton is finished and also although there's no camera person up there, you might want to just turn your map, there's a camera up there, ah, yes, I'm sorry, hello, so that the people at home can see your, she'll tell you when you're in -oh I'm sorry is the side camera there? I'm sorry, I didn't see Ray and I didn't see a side'camera so I apologize. Okay, all right, so, I don't want to waste time while she's coming down. If you could wait a couple minutes for the camera woman so she can get that on the thing No problem. I'm not going anywhere. President Letellier -All right and then next we'll have anyone else who wishes to speak in favor of the proposed zone change. That would be the next speaker. Here she is. Oh, Pete's there too? Pete is it picking up the map? Okay, great. Thanks Mr. MacNaughton. You go ahead, you can take your map and we'll have anyone else who wishes to speak in favor will be next. Thank you very much. Is there anyone else who wishes to speak in favor of the zone change? Last call for anyone wishing to speak in favor of the zone change? Okay, now we will open it up for those who wish to speak against the zone change. Again, if you wish to speak, please come up, state your name and address into the microphone and you'll have ten minutes per person. And you cannot give away any of extra time to the next person. Please state your name and address. Sbirley Kibbe -My name is Shirley Kibbe. I live at 40 Doane Avenue and I've lived there for 54 years. My husband and I both live there. I've submitted a petition to you signed by Doane A venue and Agawam residents that are against the proposed zone change. There should have been about 150 names on the petition that you have. I think you all have a copy of it which were in your packet and I have two more pages here and I haven't had a chance to make copies of it yet but- President'Letellier -You can give them to the Council Clerk and she'll get the originals back to you and make copies for us . Sbirley Kibbe -So that would make quite a few, 185 almost 200, signatures on that and we're all against the proposed zone change and one of the reasons we bought our home on Doane Avenue in 1955 was because all the land around us was zoned Agricultural. Tobacco barns dotted the landscape and farmers plowed their fields. Then two men who bought land at the bottom of Silver' Street hill petitioned to have all that land rezoned Industrial so that they could sell it as such. That left us as one little residential street within the perimeter of Silver, Suffield and Shoemaker Lane. That certainly wasn't done in our best interest but we had to accept,it and we did. I mean they did vote for it at the II • · r • \ .. · · ," o r 'i: ::- .' , . . :- 'I.. :r.. ., · . , • town meeting, they did vote for it. It wasn't, like I said, it wasn't made, this was a decision that was made in the Town's best interest years ago and the zoning should be upheld just as it stands. Now Mr. MacNaughton from Granby, CT. who bought some of the land behind Doane A venue knowing full well what the zoning was, and after unsuccessfully trying to sell it himself, now he wants itchanged to Residential A. All that that would be doing is continuing the hodgepodge of zoning we already have in this town although now we have a good Planning Director in our Town. These are our concerns. It's been a proven fact that homes cost the Town more money in municipal services than businesses or industries do. The Town has been constantly seeking businesses to come here not seeking more homes to be built. There's no scarcity of homes for sale in Agawam. There are at least III homes on the market right now. Residences pay taxes based on '$12.07 per thousand, as you know. Industrial and commercial pay $26.04 per thousand, more than double. More homes means the Town must spend more money for services such as plowing, trash pickup, road upkeep, fixing broken water pipes, schools, teachers, busses, gas for the busses, etc. It all adds up to a higher expenditure for the Town. According to the Agawam School Dep~ent, the cost for one child te go to school for one year, is in excess of $5000.00. We all know that the state has drastically cut back on all· state aid including the schools. That leads me to wonder and ask the question, why would we want to change the zoning on land that is already zoned Industrial when it's much more profitable for the Town to keep it as it is? Right now it's not costing the Town anything. Not one dime. Leave it as it is. That's all I have to say except I had some questions for Mr. MacNaughton, when do we ask those? Do we get a chance to ask questions? President Letellier -You don 'I. You can tell us what your questions are and if the Council wants to, we can bring him up to ask him later. Shirley Kibbe -Okay. He mentioned something about the 126 foot buffer zone and I wasn't quite clear if that was gonoa remain in place if he gets his zone change? I know it's in place now which the Town fathers gave to us you know 25 years ago. And also we had seen eastern box turtles back there and I believe they might be an endangered species or maybe a species of special concern, this realtor over here seemed to know, I mean this councilor seemed to know what is was, that is another thing I would like to know. And when he said the National Heritage minimizing everything? Well, there's plenty of wildlife out there, believe me. And I do want to know who the builder would be and I asked him that at the last Planning Board hearing but he said, he didn't give us a name, he doesn't have to I guess. I just thought ifit was a local builder, someone who we were familiar with, might make a difference, I don't know. Okay, that's all I have to say. Thank you . . President Letellier -Thank you. Come on up, sir. Please state your name and address for the record. Donaid Gaunt -Madam Chairman, members of Council, my name is Donald Gaunt. I built a home' on Doane Avenue 58 years ago and have resided there since. My chief concern is safety. When Doane Avenue was built back in late '49 or '50, I'm not sure 12 '. ' .. ·L· .~~ . . ~" '.' ., ,~.' • .. ''1. which the date is, I moved in in '51 and there were only three houses then, and the street was built very narrow. It does not meet the present requirements for a development in the width of the street. If they put in a development behind our homes and open up a road so that they will have two exits, it's going to be a race track around there and as it is now, we have a problem. I h'ave some piclures that I have taken. I would like 10 pass them around. The first one shows, if you come oul of Doane Avenue onto Silver Street, you will see this. There is a gradual curve in the road. You cannot see traffic coming down from say Lucia Lumber Company down. When you pullout to say go downtown, you are sticking your neck out because any cars come around that comer fasl, they're gonna gel you. And any of my members of Doane A venue can attest to that, how dangerous it is. This picture shows just where you would be coming oul of Doane Avenue and looking up toward Lucia Lumber Company. I use Lucia Lumber Company because everyone knows that location pretty well. This is another view of that. I don't know how many of you remember but quite a few years ago two girls were killed at this, just passed this intersection. A car came around the comer and a woman had skidded on the road and was crossways and this car hit it bro!ldside and killed two little girls. I was there and know what they went through. This is another picture where their exit from their development comes out onto Silver Street. We not only have a blind exit there but we got another road coming out onto Silver Street. This is pretty much the same thing - just a little bit different view. Doane Avenue like I said was narrow. We don't have a playground for our children there, so the kids play in the road and you can imagine what's gonoa happen if you pUI more traffic down that road. We've been very fortunale so far that no children have been hurt but we do here a squeal of brakes every once in a while. That exit going out onto Silver Street would be a very bad exit. You would not see it as they come out from Doane Avenue. The main reason we haven't had abad accident I think there is it just happened that no one was coming up Silver Street at the . time and you put your nose out into traffic and someone goes around you quickly and luckily no cars were coming up. But safety is my main concern. The land behind us is beautiful land for animals. We have deer in our backyards. We have, just tonight before leaving, there were five different kinds of birds in my backyard and I don't have a feeder there. We're not here in the winler lime and so I don't think it's fair to feed the birds cuz when I'm not here, they're goruia miss me but we do have a lot of different animals back there and it has been a wonderful street to raise my children on and wonderful neighbors. Thank you. President Letellier -Thank you, Mr. Gaunt. Donald Gaunt -I'm sorry. If you haveany questions, I have a hearing problem so - President Letellier -Any questions for Mr. Gaunt? No? Thank you for your presentation sir. We'll get your pictures back to you. Donald Gaunt -Thank you. President Letellier -Thank you. Please state your name and address for the record, sir. 13 ,. r !. .' i' I r I ,. ~ i ,. .' Jim Consolini -My name is Jim Consolini. I reside at 101 Doane Avenue. I've lived there for 53 years and let me tell you Doane Avenue as it is right now is a great place to live, great place to raise a family. It's a dead end street surrounded by woods and we sure as heck don' t want to look out our window someday and find a road in our backyard and houses in our backyard. Contrary to what the petitioner has said at one point, we have had ambulances, we have had fire trucks come down Doane A venue -no problem. Now he talks about a second road coming into Doane A venue, an egress road, my understanding is that there's a strip of land there that he's already got a proposed contract with Mr. Desrosiers to buy. I question if that area is gorina be large enough to accept a road. A Residential A-I requirement now says that a public right of way has to be fifty feet -thirty feet of paved road, five feet of side walk and five feet of a tree belt. I don't know if that area is that large to accommodate that kind of a·road. Second, if that road comes in there, that would make the Cosimini property a comer lot and right now that's against the law. You cannot make a comer lot out ofan existing'home that's there now. The petitioner also says that he doesn't think that traffic will come down Doane Avenue from that end of the road. I kind of disagree. We might have a 10t'oftraffic coming out and if this proposal does go through, you're gonna have a thirty foot road coming into an eighteen foot road on Doane Avenue. That's a big swing and very dangerous. And when you talk about danger on Doane A venue from this additional traffic, you got to remember one thing -people and kids see the traffic coming from Silver Street down, they expect that traffic to come back unless it's somebody that lives there. They will not notice anybody else that's coming into that right of way, out of that egress, down to Silver Street -very dangerous. Now, we can also assume that the builder is going to build homes in the $400,000.00 range, is what he said, you know currently in Agawam there are 65 homes in that price category that have been on the market for a long time, approximately seven months and counting. Do we need more? Yes, we do but where? That's a different story. Then also we've got five to six more developments in Agawam for additional homes. There are approximately 65 homes to be put up in those developments. How long will they stay on the market before they're sold? You people on the Council wanted to hear from us, you are hearing from us, you're gonna hear a lot of the opposition. We are the people of Agawam. We kind of expect you to vote in our favor because you are elected officials and I thank you. Are there any questions I can answer? President Letellier -Thank you, Mr. Consolini. Rutb Cosimini -Hi . My name is Ruth Cosimini. I am at 102 Doane Avenue. I wasn't really planning on speaking today but I'm going to. I work at a local business here in town and I get to see a lot of people coming in and out and asking them what they think about more houses in Agawam and they're totally, totally against it. I mean I'm right there with the people and most of the residents and I know how they feel. I wrote a letter to the Agawam Advertiser and to the Springfield Republican about how I felt and ' basically everybody has said what I had said in my letter and it's like, do we really need more houses when so many are standing vacant? Is this gonna put an extra burden on our FireIPolice? I am the comer lot. I am Cosimini, that comer lot, where it's gonna go right by my bedroom. The circle is right there, there is no way you can pull out and what are you gonna do, go around the circle or cut up on my land? No, it's just not right and as 14 2 .j " ~ '. \: • r i' I. it .. I I ~ ; I , I ! . ~' ! , . , ,. t r t Ii' ~. f: f i , i ,. J I , :, •. ,'. It • everybody was saying, there's many, many animals that live back there. We have deer in our backyard and we have the turkeys and everything else. I mean with Agawam closing in on itself. .. that's about all I have to say. Anybody have any questions? President Letellier -Thank you, Ms. Cosimini. Come on up, ma'am. Stuart Kibbe - I guess I'm next people and I know all of you, one way or the other, all of you and I've been here for 76 years. President Letellier -We may know who you are but the tape recorder doesn't know who you are. Stuart Kibbe -Parden me? President Letellier -We may know who you are, but the tape recorder doesn't, you still have to say your name. Sorry. Stuart Kibbe -My name is Stu Kibbe. Stuart Kibbe and I've lived here for 76 years and maybe 76 more, hopefully, not really, but I'm opposed to what his idea is. I can't talk like these people and Jcan't talk like him but I can talk like Stu Kibbe talks and he talks like Cliff Kibbe talks probably if you remember him. I talk from the heart and the head. Let's go back thirty years ago. First of all, this guy trampling on the Council's thoughts that were imposed when the property was zoned and the buffer zone was put there, it was put there by the Town Council at that time which is Eddie Caba and probably people like that, I don't recall all of them, but if you guys change it, you're trampling on the other people's, the guys that preceded you to your job, you're trampling on their thoughts and their wishes. Think not, if you think not, but I feel that way. Now just to be quick and dirty, about thirty years ago there was a group of people that came into the Town of Agawam that said we need a race track so bad and we need that Industrial Park that you have there, we can use all that property and we enforce this and for four or five months of the year, but the other six or seven months and traffic, ~ell we don't want to know nothing about that. I can go on for ten hours if I keep talking. I'm upset. There is box turtles there. I also have a little garden behind my house. I've had it there for fifty-five years, ever since I moved up there. I've been up there since, I came home from Korea and I bought that house. My wife found it for me. She said I found a cute little house up there on Doane Avenue and I bought the house. I had $1,OOO.OO ... and all my friends all bought cars and I said I'm gonna buy that damn house and I bought that house. Excuse me, my pants are slipping here. I'm an old guy, I can't help that, but I tell you, I talk from my head, my wife said be careful what you say. I'm being careful as I can babe but I'm Stu Kibbe and I know you. I'll remember you mister. I'll remember you one way or the other. You're a smooth talker, I'll tell you that. You can talk, you can talk a slimy snake out of a hole. probably but you can't talk me out of anything. Okay? Okay, Charlie. Let me see if I got any notes ... I'm telling you. I don't want you all falling asleep here. I'm gonna look at my notes okay? I've got teil minutes right? President Letellier -That's okay. Take you time, Mr. Kibbe . 15 t~~~~ d~~~~~d~~;~ ~i-pro~rt;;:it'll-; ~~~ilabi~:If-it~~'g~~e, it's gone. This guy will have his houses and the people there, and there will be no property to develop. Donald Rheault knows that. He's lived here all his life. When, this town when I was born, I got town books from way back, there was 3,000 people in this town and it was a wonderful thing. You didn't have to lock your cars, you didn't have to lock your house, you could do anything. Nobody stole anything. It just, I guess I'm not ready for the change. I'd like to see it left for my children, my grandchildreri, my great-grandchildren. There's land there that can be used. Why should some guy that, speculate and purely speculate to the limit buy some land at a stealing price. I would have bought the damn thing if I knew it was $127,000.00 and you could probably just sit on it forever and it'd be worth $270,000.00 in a few years· and you could make some money that way. You . wouldn't have to build a house or get your hands dirty or anything. But I don't know what to say to you. But I want you to think that this guy isn't gonna be happy. I've lived there, there's deer there. I defy you or I dare you, not defy you, I wish you would just take a walk down where Dennis (?) Crowley runs his horses. It is the most gorgeous piece ofland down there, it's all dirt road, Rosati has taken a lot of gravel out of there, there's a wetland back there where he's gonna be contending with, there's a pond at the end of the road now that Tommy Rosati and I'm not knocking Tommy cuz he selling the gravel and it's 500 yards down the street from me so I·don't care but there is water there. You are assured of that right? Presidcmt Letellier -Mr. Kibbe, address the Council Stu Kibbe - I can't address him? Oh, I'm sorry. President Letellier -Yes, address the Council. Stu Kibbe -But I want him to hear me though. 'President Letellier ~ I'm sure he can hear you. We all can hear you. We can hear you fine. Stu Kibbe - I want him to. I don't want to use my whole ten minutes over here. President Letellier -That's fine. Stu Kibbe -If I drive you up the wall, I'm sorry. Let's see. Oh, and the things like I said, thirty years ago they came through, some guys from somewhere in New Hampshire I think, wanting to put a race track in and somehow the Council was wise enough to turn it down and the Industrial Park came and we had a wonderful guy that was on the 16 , :j I ·1 I I I , I I I :1 I .j .~ , I I' • ~. ! l \ k f i , ! " ~ r ~: .. n ~' \. f: t, i E ; [. I " ,': everybody was saying, there's many, many animals that live back there. We have deer in our backyard and we have the turkeys and everything else. I mean with Agawam closing in on itself ... that's about all I have to say. Anybody have any questions? President Letellier -Thank you, Ms. Cosimini. Come on up, ma'am. Stuart Kibbe - I guess I'm next people and I know all of you, one way or the other, all of you and I've been here for 76 years. President Letellier -We may know who you are but the tape recorder doesn't know who you are. Stuart Kibbe -Parden me? President Letellier -We may know who you are, but the tape recorder doesn't, you stiJI have to say your name. Sorry. Stuart Kibbe -My name is Stu Kibbe. Stuart Kibbe and I've lived here for 76 years and maybe 76 more, hopefully, not really, but I'm opposed to what his idea is. I can't talk like these people and I can't talk like him but I can talk like Stu Kibbe talks and he talks like Cliff Kibbe talks probably if you remember him. I talk from the heart and the head. Let's go back thirty years ago. First of all, this guy trampling on the Council's thoughts that were imposed when the property was zoned and the buffer zone was put there, it was' put there by the Town Council at that time which is Eddie Caba and probably people like that, I don't recall all of them, but if you guys change it, you're trampling on the other people's, the guys that preceded you to your job, you're trampling on their thoughts and their wishes. Think not, if you think not, but I feel that way. Now just to be quick and dirty, about thirty years ago there was a group of people that came into the Town of Agawam that said we need a race track so bad and we need that Industrial Park that you have there, we can use all that property and we enforce this and for four or five months of the year, but the other six or seven months and traffic, ~ell we don't want to know nothing about that. I can go on for ten'hours if! keep talking. I'm upset. There is box turtles there. I also have a little garden behind my house. I've had it there for fifty-five years, ever since I moved up there. I've been up there since, I came home from Korea and I bought that house. My wife found it for me. She said I found a cute little house up there on Doane Avenue and I bought the house. I had $1,OOO.OO ... and all my friends all bought cars and I said I'm gonna buy that damn house and I bought that house. Excuse me, my pants are slipping here. I'm an old guy, I can't help that, but I tell you, I talk from my head, my wife said be careful what you say. I'm being careful as I can babe but I'm Stu Kibbe and I know you. I'll remember you mister. I'll remember you one way or the other. You're a smooth talker, I'll tell you that. You can talk, you can talk a slimy snake out ofa hole probably but you can't talk me out of anything. Okay? Okay, Charlie. Let me see if I got any notes .. .I'm telling you. I don't want you all falling asleep here. I'm gonna look at my notes okay? I've got ten minutes right? President Letellier -That's okay. Take you time, Mr. Kibbe. 15 , :i .. : ., '1 I I I ; I I I : I : .. " • 1 ,j i " " • " . ',~. • , Stu Kibbe -Okay, I'm gonna wake you guys up, all of ya. _f.' , ..... President Letellier -We're awake. Stu Kibbe -Okay .. Well, what's the matter with waiting forty/fifty years and when the town really does need a piece of property, it'll be available. Ifit's gone, it's gone. This guy will have his houses and the people there, and there will be no property to develop. Donald Rheault knows that. He's lived here all his life. When, this town when I was born, I got lown books from way back, there was 3,000 people in this town and it was a wonderful thing. You didn't have to lock your cars, you didn'l have to lock your house, you could do anything. Nobody slole anything. It just, I guess I'm not ready for the change. I'd like 10 see it left for my children, my grandchildren, my great-grandchildren. There's land there that can be used. Why should some guy thaI, speculate and purely speculate to the limit buy some land at a stealing price. I would have bought the damn thing if I knew it was $127,000.00 and you could probably just sit on il forever and il'd be worth $270,000.00 in a few years and you could make some money that way. You . wouldn'l have to build a house or get your hands dirty or anything. But I don'l know what to say to you. But I want you to think that this guy isn't gonna be happy. I've lived there, there's deer there. I defy you or I dare you, not defy you, I wish you wouidjusl take a walk down where Dennis (?) Crowley runs his horses. It is the most gorgeous piece of land down there, it's all dirt road, Rosati has taken a lot of gravel oul of there, there's a wetland back there where he's gonna be contending with, there's a pond at the end of the road now that Tommy Rosati and I'm not knocking Tommy cuz he selling the gravel and it's 500 yards down the street from me so I don't care but there is water there. You are assured of that right? President Letellier -Mr. Kibbe, address the Council Stu Kibbe - I can't address him? Oh, I'm sorry. President Letellier -Yes, address the Council. Stu Kibbe -But I want him to hear me though. President Letellier ~ I'm sure he can hear you. We all can hear you. We can hear you fine. Stu Kibbe - I want him to. I don't want to use my whole ten minutes over here. President Letellier -That's fine. Stu Kibbe -If I drive you up the wall, I'm sorry. Let's see. Oh, and the things like I said, thirty years ago they came through, some guys from somewhere in New Hamps)1ire I think, wanting to put a race track in and somehow the Council was wise enough to turn it down and the Industrial Park came and we had a wonderful guy that was on the 16 '. ,. ". ,. r , . • \: Council and he's gone now -Eddie Caba ~ he was in our back field and he helped us 100 % and there's nobody here to listen to him bui I'm here to tell you that Eddie Caba was my kind of guy. He stuck with us and we defeated people like him that want to change things that -I feel sorry for the man but he didn't -he's speculating. I kind of speculate, I got $127,000,00 I could have bought that too. But I said well, let's just let it sit, it's open land and something nice could happen there someday, other than a bunch of houses that might sit vacant or people come in and whatever, okay. I guess that's all Mr. Kibbe's got to say tonight but if I can think of anything else I'll bring it up to you though I promise you. Okay? President Letellier -Thank you Mr. Kibbe. Stu Kibbe -Okay, thanks. I hope you don't forget me. President Letellier -We won't. You are unforgettable. Thank you Mr. Kibbe. Come on up, ma'am. Linda Jacobs -Hi. My name is Linda Jacobs and I reside at 64 Doane Avenue. I'm kind of gonna speak on a little different -I haven't been there fifty four years -I've been there ten years. The reason we moved there is I had younger children. As you can tell, the street is kind of cycling where we have a lot of the older people who are either moving out or unfortunately pass away and a lot of new people are going in there, myself and my husband being one of them. And the nice thing I liked about it was the fact that my son and my daughter could go in the back, they can walk down the trail, they can see the wildlife, the turkeys and the deer and the turtles and coyotes, yes, we do run into them. And also, just kind of walk in there, it's a nice place to go as they had said previously, there's really no parks, there's no where for them to go around there. So riding their bikes on the street, we do have a cul-de-sac, it's pretty safe as they had sad, everybody knows the neighbors that are coming in, we know everybody that lives there. We know if they' re gonna stop, we know if they're gonnajust go around and it's just a really nice neighborhood to move into. Everyone's very friendly. But the nice thing about it is, it is a really nice neighborhood that you can have younger children come in. We do have another house that's up for sale and hopefully as you see, there's younger children that are coming in, so I speak kind of on a different angle from some of the older people that are on the block, one of the newer people that's coming in but I do oppose it and I think that you'd be taking a lot away from younger children as they move into that neighborhood as well. Thank you. President Letellier -Thank you, Ms. Jacobs. Joan Martel-Hi. I'm Joan Martel. I've lived on 80 Doane Avenue for 47 years and I don't hear anything that this proposal is saying that is good for Doane A venue, that is actually good for Doane Avenue. I think that personal experience I've had a friend come and visit us with a tractor trailer and he had no trouble going around the tum around and I know it only happened once or twice but my good neighbors never complained about him parking in my front yard for overnight because he wanted a warm meal and a soft bed. I 17 personally have had an ambulance come for my sick husband when he was with me and they had no problem coming down the road either and in the long run, this has been a wonderful, wonderful street to raise children. My grandchildren come to visit and this development is gonna cut down-all those gorgeous trees and we're gonna lose the pri-.:i1ege of seeing deer and turkeys in my backyard. And everybody's had the wildlife and it's been wonderful but the children enjoy it and we enjoy it. It's quiet. It's a wonderful community street and I know it's longer than it should be but in my 47 years, I've never heard of a problem with fire engines or ambulances or anything coming down the street. And I think if there's to be nothing done with this property, the Conservation group could maybe spend some money and make a park out of it or a little picnic area or something. I do not see where houses would be an asset. There's nothing good going with houses behind our little street. It's just a wonderful neighborhood and I hope it stays that way. Any questions? Thank you. President Letellier -Thank you, Ms. Martel. Any other speakers? Come on up. Christine Root -Good evening. I'm Christine Root. I live at 93 Doane Avenue. I've lived in Agawam all my life and I recently remarried and bought a home on Doane Avenue about approximately four years ago. Our home is across the way from where the building is gonna be, however, my property I have a down driveway and I have a three mile pond right behind, in my backyard, behind my home. What I have seen on this street is drainage problems and I want to know if a development comes in, are they gonha have the same drainage problems as we have? Our street fills up with water. It is a very small street. We've had tractor trailers, we moved in with a forty-eight footer -no problem -whipped right around the cul-de-sac. I've had ambulances at my home. I don't see any benefit to knocking out that cul-de-sac, they'd have to totally take that whole island right out, otherwise the egress would have no way of making that turn. I see no benefit to the neighborhood. My home is currently for sale and we're not having any bites on it and it's reasonably priced. I see no benefit to building homes that will not sell. I see many homes in this town; People just cannot afford that price range. Our schools are small, they're over-crowded and I just see no benefit in to tons more families moving into this town. Thank you. President Letellier -Thank you, Ms. Root. Any other speakers? Kenneth Jones -My name is Kenneth Jones. I'm at 34 Doane Avenue. The petitioner deserves the riglit to use the property as they would hope and make a profit from it but in this particular instance, I don't think we've heard, the people who live nearby, have heard exactly what's gonna happen there -whether they're gonna move wetlands or try to build retaining ponds or what's gonna go on there. It's all kind of vague right now so I oppose the change until we at least know exactly what's gonna happen. I don't think they want to do that until they get permission to go ahead so, we're kind of at a loggerhead I guess. So that's all I have to say. - President Letellier -Thank you, Mr. Jones. Anyone else wishing to speak in opposition? 18 J ~ '1 ! .I i .. ,. '.' " ;..,,:: ., ;. Melissa Jacobs and Mike Jacobs -My name is Melissa Jacobs. I'm Mike Jacobs. We live at 64 Doane Avenue. You've already heard our mother, she pointed out that we like to go for walks in the woods. We take our dog out into the woods. If they build houses behind us, is it gonna hit our property? Are we gonna lose our backyard? Are we gonna lose our privacy? Because right now, we enjoy having friends over, we play, we have a huge trampoline, we're going to get a pool and we don't want to lose the privacy and the quiet that's on the street. There's younger kids on the street that I babysat as they were growing up and now he babysits them. They play, they come into our yard, they play, we go in the woods with them. We just don't waitt to lose it and I think right now there's a lot of confusion as to what is going to happen behind the house. Nobody understands but I don't think we want to understand because we don't want it. President Letellier -Thank you. Anyone else wishing to speak in opposition? Last call for anyone who wishes to speak in opposition? I'm all set Shirley. I've got it under contro\. Anyone who wish~s to speak in name only in favor of the zone change? Name only in favor of the zone change? Seeing none, anyone who wishes to speak in name only in opposition to the zone change? Please come to the microphone and state your name and address if you wish to speak in opposition. Register your name in opposition. Come on up folks . Just come right around to the microphone. Roger Sherry -Roger Sherry, 70 Doane A venue. I'd like to speak in opposition to the traffic. Thank you. President Letellier -Thank you. Patricia Sherry -Hi. I'm Patricia Sherry, 70 Doane Avenue, and I am opposed to this, I would like to say. Thank you. President Letellier -Thank you rna' am. Joanne Mason -My name is Joanne Mason. I live at 88 Doane Avenue and I am also opposed to this project. Thank you. President Letellier -Thank you. ( Evelyn Bragg - I am Evelyn Bragg. I live at 79 Doane Avenue and I am also against the proposition that they're planning on. President Letellier -Thank you, rna ' am. Robert Griffith -My name is Robert Griffith. I live at 94 Doane Avenue and I am against the zoning. President Letellier -Thank you, sir. 19 I I I ~ • Dolores Jones -My name is Dolores Jones and I live at 34 Doane Avenue and I am in opposition to this project. President Letellier -Thank you. Anyone else? Lawrence Taylor -Hi. Lawrence Taylor, 102 Doane Avenue and I definitely oppose the proposition. Thank you. President Letellier -Thank you, sir. Last call for anyone wishing to register in name only as opposed to the zone change? Last call? Seeing no further speakers, I will gavel the public hearing closed unless the Council wishes to table it pending the Planning Board review. Councilor Perry? Councilor Perry -Yes, I'd like to make a motion to table and keep it open until we get - President Letellier -All right. .So let's have a motion on the underlying matter and then we'll have a motion to table. So, can we move the underlying zone change? Moved by Councilor Perry, seconded by Councilor Cavallo. Councilor Perry your motion? You wish to table the public hearing? Councilor Ditzas -Before we table, can we hear the report of the committee. President Letellier -We're gonna table the public hearing but we can still open it up for Council discussion. So we moved to table the public hearing by Councilor Perry, seconded by Councilors Cavallo and Messick. Barbara, could you call the roll on tabling the public hearing? ROLL CALL -10 YES, 0 NO, 1 ABSENT (Councilor Mineo) President Letellier -With ten yes, one absent, you've tabled the public hearing. As I said before the Council cannot vote em the item because we do not have a Planning Board report yet so we wish to table the entire item or do you want to hear the Zoning Committee report? What's the Council's pleasure? Councilor Messick - I don't mind giving the report .. President Letellier -Okay. We'll have the report from Councilor Messick. Councilor Messick-Essentially on this issue, it's obviously there's a lot of public sentiment involved and I know that the Planning Board has heard the same words from these people. Our consideration as far as what our recommendation is, is that the. Planning Board has not made it's decision yet and we're not sure which way they're likely to go with it, so we thinlc it would be expedient for us to wait until they have made their decision and then take that under consideration. And so I'm glad that we're tabling it and we did take a vote that 3-0 that we should make that recommendation from the sub- committee. 20 '; ',: .' " '" r; ,~ , :ti ..... " .~. , President Letellier -Okay, so the sub-committee also wishes to table it. Councilor Messick -Yes. President Letellier..., Okay. Any other discussion? 1fnot, we'll move to table the whole item. Motion to table the item? Moved by Councilor Cavallo, seconded by Councilor Simpson. Barbara, could you call the roll? This is on tabling the zone change. ROLL CALL -10 YES, 0 NO, 1 ABSENT (Councilor Mineo) , President Letellier -Thank you. So the Planning Board, I'm sorry, our public hearing and the discussion will be moved to June the 15th, Thank you all for coming. And 1 think, let's take a one minute recess in between zone changes to let the folks leave. Okay? So we'll take a one minute recess. Don't go too far. 2. PH-2009-4, -(ZC-2009-4) Zone Change for the Property known as Mark Drive, Agawam, MA. and Langone Realty Corp., Norman Pelley, Jay A. Pelley and Evelyn M. Pelley, Frank Olbrych, Jr. and Carol A. Olbrych Petitioning the Town of Agawam to Cbange the Current Zones from Resident A-2, Business A and Agricultural to Resident B (Council) (Referred to Zoning Review Committee) President Letellier -We are back on record. Please note that Councilor Cavallo and Rossi are still in the hallway. 1 call the public hearing to order. 1 believe Attorney Liquori you have a presentation? Thank you. Attorney Liquori -Good evening ladies and gentlemen. My name is Gary Liquori and 1 represent the petitioners in this case. I'm an attorney at 84 Park Street, West Springfield, Massachusetts. The petitioners are all requesting a zone change for the shaded area on this particular map, It's probably the only subdivision in Agawam where it has a mix- there's three different zones. It's my understanding it's the only subdivision where there's three zones cutting across this land. This was a subdivision that was initially started in 1974. It's been a little slow in coming but as you can see on this side of the street, Mark Drive, and you've probably driven down there, there are three duplexes on the easterly side of Mark Drive on this street. All the petitioners want to do is to keep this as a duplex subdivision. We've got the, I don't want to get away from here, these lots to the right, they're all deep lots and you can see it's ,partially zoned Business A and partially zoned Agricultural. The Business A zone could give you four-plexes which Mr. Langone and Mr. Pelley do not want to have on this street. Mr. Langone lives at the end of the street and he'd like to keep this a duplex subdivision. He'd like to keep it consistent the way it is today and in that same light it'll be more attractive because these lots along the right that are part Business A and part Agricultural are deep lots because he wants to be able to stagger those lots and make it look a lot better. The duplexes along the left are high quality duplexes and I've been inside the duplexes -they're really nice inside. And so what you have here is it gives you affordable housing for the Town of Agawam and 1 also believe it's a good transition zone from the Business A of the Six 21 ~ . ~..,; ~ . ;~ V) ",U') :) ..q -:.:: L <r .-. . ~ :I: .-1 -<t : .. )~ =>: L: ~t => '::q -, )..r4 0> 0 REGULAR CITY COUNCIL MEETING AGAWAM MIDDLE SCHOOL 68 Main Street, Agawam, Massachusetts Monday, June 15,2009 7:30 P.M. AGENDA I. Citizen's Speak Time 2. Roll Call 3. Moment of Silence and the Pledge of Allegiance 4. Minutes (a) Regular Council Meeting -June 1,2009 5. Declaration from Council President 6. Presentation of Petitions. Memorials & Remonstrances (a) Resolutions 7. 8. 9. 1. TR-2009-16 - A Resolution Adopting the Fiscal Year 2010 Annual Operating Budget for the Town of Agawam (Mayor) (Tabled 6/1/09) (Set Public Hearing Date for July 27, 2009) (Majority of those present and voting) Report of Council Committees None Elections None Public Hearing~ 1 . TR-2009-IS - A Resolution Adopting the Fiscal Year 2010 -2014 Capital Improvement Program (Mayor) (Tabled 6/~/09) (Majority of those present and voting) 2. PH-2009-J -(ZC-2009-3) Zone Change for the Property located on the Easterly side of Silver Street and Southerly of Doane Avenue in Agawam, for Aspenwood Associates LLC, and J . Kirk MacNaugbton, Manager, Petitioning the Town of Agawam to Change the subject property from "Industrial B" to Residence A-I" (Referred to Zoning Review Committee) (Tabled 611109) 1 \ ~" beneficial to the Town. It has been said that this land is landlocked and I'm not saying it because I want to benefit from this but this land is adjacent to land that I own and other than the fact that the person who owns this land now that wants a zone change, doesn't own it, I mean there is a possibility of getting to this industrial land through other property. And the other consideration is and I don't know whether it's possible but Western Mass has all this land in there and I think if you start re-zoning it and not keeping it industrial is a mistake. I think that now that this land is coming to the limelight, every avenue should be investigated to see if we can do something with Western Mass as a possibility and try to develop this area into some industrial base for the benefit of the town. Thank you. President LeteUier -Thank you. Next we have Shirley Kibbe. Shirley Kibbe -My name is Shirley Kibbe. I live at 40 Doane A venue in Agawam. President Letellier -Please speak into the microphone. Shirley Kibbe -Can you hear me now? Okay. I just have to read my little speech here. I have nine more names to add to the petition that we already gave which makes a total of approximately 194.names. President LeteUier -You need to state your name and address for the record. Shirley Kibbe - I have to what? President Letellier -State your name and address for the record please? Shirley Kibbe -Oh, I thought I said it. I said Shirley Kibbe. I live at 40 Doane Avenue in Agawam, MA. . President Letellier -Thank you. If I missed it I apologize. Shirley Kibbe -That's okay. Okay I know you are all cognicent of the fact that the area is a priority habitat of rare species. I do have a couple of pictures that we took recently on the property in question of an Eastern box turtle you might like to look at. You have already heard and read in the Council minutes most of the reasons lam against the zone change, so I won't reiterate but I do have a couple more things I'd like to mention. At the first Planning Board meeting on May 21 ", Mr. MacNaughton told us his plan would be to build $300,000.00 homes. Then at the Council public hearing on June 1 st, he told us his plan would be to build $400,000 -$500,000 homes. Why did he change his mind within a week or so? Was he trying to·impress the Council by enhancing the value of the property or was he trying to convince the Council by alluding to more tax dollars for the town? My other question' is this. Is there any guarantee of the price of the homes he will end up building there? Is there a guarantee? They could be of a lesser price. Is there any guarantee that ifhe gets the zone change, he won't sell the property to somebody else? Then what? It seems to me there are too many unanswered questions with this zone 5 ! I, 'i Mayor Dawson -In my best estimation and from the people that I work with, the Auditor, the Treasurer and even other mayors that I've spoken with, there are a lot of places in government right now where we are taking our Stabilization Funds, they will be replenished when the times, when the economy begins to recover and I understand you concern and I greatly respect that, but at the same time for right now, these are the items that I made the decision to place into the Stabilization Fund transfer and I felt that it was in the best interest of everyone to manage the money this way . . 1 President Letellier -Thank you. Councilor Cavallo? I , ! .' •': , .. ( ~: j( .. • "1, . , r l Councilor Cavallo -Well, I wanted to know what the balance was and she gave us what the balance was. President Letellier -All right, thank you. Anyone else with questions for the Mayor or for the Auditor, she's here as well? No? Do we have a motion to come out of Committee as a Whole? Thank you, Mayor Dawson. Moved by Councilor Messick, seconded by Councilor Bitzas. All in favor of coming out of Committee as a Whole, please signify by saying Ay? Opposed? Anyone who hasn't spoken already with regard to the Capital Improvement Budget? No further discussion? All right. Seeing none, Barbara, could you call the roll? A yes vote is to approve the Capital Improvement Budget, six votes are rieeded. ROLL CALL - 5 YES (Councilors Cavallo, Letellier, Messick, Mineo and Simpson), 6 NO (Councilors Ditzas, Calabrese, Perry, ·Rheault, Rossi and Young) President Letellier -With a vote of five yes, six no, the Capitallrnprovement Program has not been approved. 2. PH-2009-3 -(ZC-2009-3) Zone Change for the Property located on the Easterly side of Silver Street and Southerly of Doane Avenue in Agawam, for Aspenwood Associates LLC, and J. Kirk MacNaughton, Managet, Petitioning 'the Town of Agawam to Change the subject property from "Industrial 8" to Residence A-I" (Referred to Zoning Review Committee) (Tabled 6/1/09) . President Letellier -Do we have a motion to remove from the table? Moved by Councilors Perry. and Simpson, seconded by Councilor Messick. Barbara, could you please call the roll on removing the public hearing from the table? RO~L CALL -11 YES, 0 NO. President Letellier -With eleven yes, you've removed the public hearing from the table. We will now re-open the public hearing for NEW information -new information and that's strictly new information. Do we have any new information from the Petitioner? Mr. MacNaughton? Come on up. Thank you. Please state your name and address for the record. Once again, you'll have ten minutes to speak . 12 a Kirk MacNaughton -Okay, thank you. My name is Kirk MacNaughton. I am the manager of Apenwood Associates. My address is ) 0 Rolling Green, East Granby, CT 06026. I just want to say I apologize for my lack of familiarity of how the process works when I was asking about speaking earlier so please accept that. I wanted to say a few words . I do have some new information. I do have some things I'd like to -clarify and points I'd like to make to the Council. We're here to correct a zoning error. I don't really know what the whole history is. You've heard a lot of people state why the property is zoned the way that it is. I don't really know why it's the way it is but it is one and we have to deal With it. The Town of Agawam has allowed this problem to occur and I'm here asking you to help me correct what is an existing problem. Again, the problem as we spoke before is that we have an Industrial zoned parcel that is currently landlocked. Its only access is through a residential property. That's in viohition of state laws before it can be used as industrial property. It cannot be developed as an industrial property With its only access going through the residential property. There's been comments by neighbors that while it could perhaps be accessed through somebody else's property or some other way, however I marked up the plan below showing and -highlighting the wetland area on the map in blue on the plan. That shows the wetland boundaries on the parCel and it shows that it would be extremely difficult in today's day and age to cross over wetlands especially for industrial type use to get to the industrial zoned land. So this condition really renders that parcel in its current zoning un-useful. You have an industrial zoned property that you can't use as industrial zoned property. So I'm here tonight to ask you folks acting as the zoning authority for the Town of Agawam to help me by correcting this situation and in our opinion the cleanest way to correct the situation is to grant the requested zone change. We feel that the zone change would be appropriate from a land use stand point. The property is adjacent already to existing residential zone properties and as a matter of fact, one third of the parcel is already zoned as a Residential zoned property so we're not really asking you to re-zone an entire parcel -and taking just one parcel and make it Residential -what we're asking you is to correct an existing situation where one third of the parcel is already zoned Residential and we would just like to have one zoning designation for the entire parcel. We felt that the Residential zone was the more appropriate one rather than coming back and saying well we'd like to re-zone the residential land industrial because typically towns don't like to go from a more restrictive use to a less restrictive use so that's why we feel that this is appropriate. This zone change and we've had a lot of folks coming to speak from Doane Avenue but the land that we're requesting the zone change for is not even adjacent to Doane Avenue, the land that is adjacent to Doane Avenue already provides them With a residential buffer, we're not seeking any change of that land adjacent to Doane Avenue. We're seeking a zone change for land that is further south separated by 125 feet and probably as much as a couple hundred feet from their houses and so we're really just trying to create a zone that's compatible With the Doane Avenue use. We're also asking and again just pointing out that the situation we have right now -we don't comply With the state laws. We cannot access the property through the residential zone parcel to get to the industrial zone parcel zone. That really kind of takes the use right out of the picture. At the Planning Board meeting we were at last week, the Town Planner was there and she stated that generally she is not in favor of zone changes but in this particular case, she stated and she actually, I'm just gonna read from her staff notes, "the only access to the J3 ,. :< . Blue Sky parcel is through a residential zone. Under state law, you cannot access a less restrictive zone through a more restricted zone. In other words, you cannot provide an access road to industrial land through a residential zone. Given these constraints, residential use would be the only feasible use of the property. Usually it's undesirable to have residential development adjacent to industrial zone land however; the property in question is physically separated from the remaining industrial zoned land by steep slopes and wetland." So I'm just gonna add to that that she's saying that if we did change this to residential from industrial, the land to the south of the property is zoned industrial but these new homes that we would build is in the residential community that we would propose to build would be significantly separated from the industrial. use to ·the south. I just think it's important that you folks as the town authority of zoning recognize that the Town Planner's job is to review and evaluate the facts in a case. She's the Town's professional in land use issues and she acknowledges that this access issue is a problem . and again she states that the residential use would be the only feasible use of the property so again we're just really trying to utilize our property in really most any way feasible but as it's zoned right now, we really couldn't utilize it so in effect it would be almost a taking ifit weren't able to be used .. Now, we've heard from a lot of neighbors that have come from Doane Avenue and spoke, petitions and many, many people have given their comments. They've all asked you to deny this zone change. Many of the arguments seem compelling on the surface however; when you get right down to it, I think that a property owner's rights can't be ignored. A property owner hasa right to utilize his property. There's been a lot a comment about the fact that it's industrial zoned property and that industrial zoned property is more valuable to the town and it would create more revenue for the town and that's the type of use that Agawam should be promoting but in this particular case, and this is not generally a true statement, but in this particular case, the industrial zoned property in addition -to its limitation of access, if it were somehow able to be accessed and utilized as industrial property, with the limitations of the wetlands, the setback issues of industrial property, the percentage of the site to be zoned and that tYpe of thing, in the best case scenario you probably would have two small industrial buildings is about the maximum to be put on the property. Two small industrial zoned buildings would generate in tax revenue perhaps in the range of maybe $30,000.00 a year, more or less. We're proposing a residential property where the proposed homes are gonna be in the $450,000.00 range, something like that. One of the speakers said that I had mentioned $300,000.00 homes , well that's not feasible and I never really said that. Clerk -One minute please. Kirk MacNaughton -Okay, thank you. Fourteen $450,000.00 homes, $450,000 to $500,000 would generate tax revenues of approximately $60,000.00 as opposed to $30,000.00 so there is a financial benefit to the Town. Many people have come and spoke and they said well there's too much construction in town. Too much new construction and the market's bad, there's too many unsold homes right now but the fact of the matter really is that Agawam has appreciated steadily rising property values specifically because they've had a controlled development. They've incurred new development, there are new homes, new homes, expensive homes bring in families with 14 , , , money, creates revenue, some of the people who want to talk about the school system into town government. People say well new development brings in kids, kids are expensive .. you know we don't want to spend our money on more kids but the fact is it's a trend of benefit to the town. The more new homes, the more new homes, the more new revenue the town will generate and more of those property values will go up. Clerk -Time. President Letellier -Thank you sir. Kirk MacNaughton -Could I have an extra minute or ? President Letellier -Do I have a motion to do that? Motion to extend the time period by Councilor Rossi. How much time do you wish to extend? Two minutes. Seconded by Councilor Calabrese. All in favor of extending the time by two minutes, please signify by saying Ay? Opposed? Two more minutes. Nine yes, two no. Okay, Barbara, coUld you call the roll? A yes would be to give him two more minutes; a no would be to deny him. ROLL CALL - 6 YES (Councilors Bitzas, Calabrese, Cavallo, Letellier, Perry and Rossi), 5 NO (Councilors Messick, Mineo, Rheault, Simpson and Young) President Letellier -With six yes, five no, you've extended his time by two minutes. Kirk MacNaughton -Thank you ma'am. Thank you, Council. Many of the people who have come and spoke today in opposition of this requested zone change have spoken about the way that they like the status quo. There's about fifteen residences on Doane Avenue that back up to our vacant, open space. People that like the privacy that the woods give them. They like the fact that the wildlife lives on the property and comes into their backyard. They like to send their kids out on the property to play and they like to hike on the property. All these things have been said so I'm not saying anything that's not un-proper. Many people have gone onto my property and garden. Many of those people have dumped trash on my property and everybody likes it because it provides them a benefit but they get a benefit without really having to pay for that benefit. It's really not their property, it's my property and I'm seeking the right to utilize my property. From a land use standpoint, I don't think that most of the arguments that were presented in opposition really have much legal or land use standing so I just want to kind of summarize by saying you folks you have a very difficult decision to make in the face of so much opposition. You have a petition with two hundred people, you have thirty people come and speak against it but what I'm really asking you to do is to do the right thing for the land use of the property. I'm asking you to evaluate the facts in the case, look at this property, we have an existing problem that has been made in part by Agawam zoning and we'd like it corrected. It would, if you do this, would put the entire property into one single zone which is really the way that it should be. It'll curb that access issue. Clerk -Time. 15 Kirk MacNaughton -Okay, thank you very much. President Letellier -Thank you. Anyone else wishing to speak in favor of the zone change? Is there anyone that's new wishing to speak in opposition of the zone change? Sir, did you speak last time? Okay, come on up. Please state your name and your address for the record, sir. Ronald Cabana Sr -Ronald Cabana, Sr. and I live at 14 Doane Avenue. I just want to say I grew up in East Longmeadow and it was real nice now and if you look at it now, it's a big mess with the traffic and with all the building and everything. The second thing is nowadays you know they'll build a house anywhere they can fit it. When I bought my home; we bought it cuz of the way it was. To me this whole thing is just about money. They stuffed the power plant down our throat and now we're gonna have them behind us. Well I think everyone is against it knows this thing is all about money. The one person I heard speak for it is thinking about money too. That's it. President Letellier -Anyone else who did not speak last time? Peter Kane -My name is Peter Kane and I live at 639 Silver Street and I'm opposed to this zone change. The wildlife cannot speak for itself. This man knew buying this land that it was zoned industrial and he's just trying to change your mind. Thank you. President Letellier -Anyone else wishing to speak against the zone change? Seeing none, anyone who wishes to register their name only in favor? Register in name only in. favor? Seeing none, anyone who wishes to register their name in' opposition? Anyone wishing to register their name in opposition? I now call the public hearing closed. Thank you. Do we have a motion by the Council? Moved by Councilor Bitzas, seconded by Councilor Cavallo. Let's start with a report from the Zoning Review Committee. Councilor Messick -The Zoning Review Committee met twice on this issue. The first one was two weeks ago and they voted to wait for the Planning Board's decision on the issue. The Planning Board made a negative recommendation to, well made a proposal, a motion to make a negative recommendation in order, in other words, to not recommend the zone change and then voted 2 for and 2 against. And so that was the report from them. It doesn't help us very much. The next time we met this evening. Again CoUncilors Rossi and Bitzas on the sub-committee along with myself were present and Councilor Calabrese and Joe Mineo was here too. We discussed some of the issues that Mr. MacNaughton had brought up and we took a vote and voted to make a negative recommendation to the Full Council 3-0 to not approve the zone change. President Letellier -Thank you. Anyone from the Committee wish to speak? Councilor Bitzas? Councilor Bitzas -Yes, I let the gentleman speak because I believe in freedom of speech but I agree with the things that we've said here and I make the motion from the 16