8608_ZONECHANGE - MARKDRIVE - LANGONE, PELLY, OLBRYCH.pdfI
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#8608 -ZONE CHANGE -M~rk
Lungone, Pelley, Olbrych
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WHEREAS, Richard J. Langone and Norman A. Pelley are the owners of two parcels of
land situated on Mark Drive, Agawam, Hampden County, Massachusetts (Assessor's Parcels K3-1-
7 and K3-l-8) which are partially in the Residence A-2 zoning district and partially in the Business
A zoning district;
WHEREAS, Jay A. Pelley and Evelyn M. Pelley are the owners ofa parcel of land situated
on Mark Drive, Agawam, Hampden County, Massachusetts (Assessor's Parcel K3-l-9) which is in
the Business A zoning district;
WHEREAS, Frank Olbrych, Jr. and Carol A. Olbrych are the owners of a parcel of land
situated on Mark Drive, Agawam, Hampden County, Massachusetts (Assessor's Parcel K3-1-10)
which is in the Business A zoning district;
WHEREAS, Langone Realty Corporation is the owners of five parcels of land situated on
Mark Drive, Agawam, Hampden County, Massachusetts (Assessor's Parcels K3-1-ll , K3-1-26, K3-
1-12, K3-1-13 and K3-l-17) which are partially in the Residence A-2 zoning district, partially in the
Business A zoning district and partially in the Agricultural zoning district;
WHEREAS, Norman A. Pelley is the owners of three parcels of land situated on Mark
Drive, Agawam, Hampden County, Massachusetts (Assessor's Parcels K3-l-l4, K3-l-15 and K3-1-
16) which are partially in the Residence A-2 zoning district, partially in the Business A zoning
district and partially in the Agricultural zoning district;
WHEREAS, Richard J. Langone and Norman A. Pelley, Jay A. Pelley and Evelyn M.
Pelley, Frank Olbrych, Jr. and Carol A. Olbrych, Langone Realty Corporation, and Norman A. Pelley
have petitioned the Town of Agawam to have their entire parcels (and the land underlying the private
way known as Mark Drive) be placed in the Residence B zoning district;
NOW THEREFORE, tpe Agawam City Council hereby changes the zoning on the
following described parcels ofland to the Residence B zoning district:
PARCELS 1&2
Current Owner: Richard J. Langone & Norman A. Pelley
Property Name: Mark Drive, Agawam, MA
As sessor's Parcel ID: K3-1-7 and K3-1-8
• •
PARCEL 3
Current Owner: Jay A. & Evelyn M. Pelley
Property Name: Mark Drive. Agawam. MA
Assessor's Parcel lD: K3-1-9
PARCEL 4
Current Owner: Frank Olbrych. Jr. & Evelyn M. Olbrych
Property Name: Mark Drive. Agawam. MA
Assessor's Parcel [D: K3-1-10
PARCELS 5,6,7,8 & 12
Current Owner: Langone Realty Corporation
Property Name: Mark Drive, Agawam, MA
Assessor's Parcel [0: K3-1-11. K3-1-26, K3-1-12, K3-1-13 and K3-1-17
PARCELS 9,10 & II
Current Owner: Norman A. Pelley
Property Name: Mark Drive, Agawam, MA
Assessor's ParcellD: K3-1-14, K3-1-15 and K3-1-16
Legal Description of Property:
The land (including the land· underlying the private way known as Mark Drive) in Agawam,
Hampden County, Massachusetts which is shown on a plan ofland entitled "Subdivision Plan South
Side Manor for Vincent Connor" dated November 26, 1973, revised January 23, 1974 and recorded
in the Hampden County Registry of Deeds in Book of Plans ISO, Page 76, to which plan reference
is made for a more particular description.
• •
Dated this __ --ilJf ____ day Of_~"-"~ _ ___=. ______ , 2009.
PER ORDER OF THE AGAWAM CITY COUNCIL
APPROVED AS TO FORM AND LEGALITY
MAYORAL ACTION
Received thisQt1!l day Of--Cff""T1i""".u!."""'-.... O-----, 2009, from Council Clerk.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended,
I hereby approve the passage of the above legislation on this J.j ~ day of Cf .l M.-t... ,2009. .
.11~~ j{.CLru
Susan R. Dawson, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended,
I hereby veto the passage of the above legislation on this day of _______ _
2009, for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this 4u,K day of 1l..M..l..t-,2009.
•• ••••
Town of Agawam
. 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
GeorgeBitzas, 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 0 I 00 I
Dear Councilors:
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At its duly called meeting held on May 21,.2009, the Agawam Planning Boan:lvoted 4-0 to send
a positive recommendation to the Town Council with regard to the Zone Change request by
Langone, Pelley, and Olbrychfor property on' Mark Drive. The Board feels that the Residence B
zone will provide a transitional zone for the area; provide for affordable housing and is consistent
with general planning. Attacht;:d; for your information, is the report prepared by the Planning
Board on this request.
If you have any questions, please contact this office at 786-0400, exte~sion 283~
,-:/Sincerely,' ~., .
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Travis'Ward, Chairman
AGAWAM PLANNING BOARD
cc: Town Clerk, Town SoliCitor, File
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. . •
Langone Realty Corporation
10S Front Street
West Springfield , MA 010S9
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam , MA 01001
Re: Zone Change
Mark Drive, Agawam, MA
Dear Ladies and Gentlemen:
Please be advised that we are writing you to confirm that our property located at
Lots 5B, 6B, 7A, SA & 12 Mark Drive, Agawam, Massachusetts be changed to a
Residence B Zone from a Business A Zone. We definitely assent to and join in on this
zone change petition. Also, be advised that Gary B. Liquori, Esq . is representing us on
this matter.
IN WITNESS WHEREOF , the said parties hereto have set their hands and seals on this
).{ot day of May, 2009.
LANGONE REALTY CORPORATION
County of Hampden
• •
COMMONWEALTH OF MASSACHUSETIS
May d-( ,2009
On this J,/<lt day of May, 2009, before me, the undersigned notary public,
personally appeared Richard J. Langone, President, proved to me through satisfactory
evidence of identification, which was r::>~4 J kf,uw0IlJf. to be the
person(s) whose name(s) are signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose for Langone
Realty Corporation.
Notary Public
•
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam , MA 01001
Re: Zone Change
Mark Drive, Agawam, MA
Dear Ladies and Gentlemen:
•
Please be advised that we are writing you to confirm that our properties located
at Lots 1 & 2A Mark Drive, Agawam, Massachusetts be changed to a Residence B
Zone from a Business A Zone and Residence A-2 Zone. We definitely assent to and
join in on this zone change petition. Also, be advised that Gary B. Liquori, Esq. is
representing us on this matter.
I~ Y'::bNESS WHEREOF, the said parties hereto have set their hands and seals on this
day of May, 2009.
Norman A . Pelley
• . : . • •
COMMONWEALTH OF MASSACHUSETTS
County of Hampden May rJ! , 2009
On this d !-<IT day of May, 2009, before me, the undersigned notary public,
personally appeared Norman A. Pelley and Richard J. Langone, proved to me through
satisfactory evidence of identification, which was f ev:5ftv1iJ );f,~y, to be
the person(s) whose name(s) are signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
Notary Public
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Jay A. Pelley
Evelyn M. Pelley
26 Davis Road
Southwick, MA 01077
•
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
Re: Zone Change
Mark Drive, Agawam, MA
Dear Ladies and Gentlemen:
•
Please be advised that we are writing you to confirm that our property located at
Lot 3A Mark Drive, Agawam, Massachusetts be changed to a Residence B Zone from
a Business A Zone. We definitely assent to and join in on this zone change petition.
Also, be advised that Gary B. Liquori, Esq. is representing us on this matter.
al WVNESS WHEREOF, the said parties hereto have set their hands and seals on this
'1 day of May, 2009.
Ja~~~C?J\
• •
COMMONWEALTH OF MASSACHUSETTS
County of Hampden May iJ I , 2009
On this a {a'f day of May, 2009, before me, the undersigned notary public,
personally appeared Jay A. Pelley and Evelyn M. Pelley, B oved to me through
satisfactory evidence of identification, which was n ~ 'hi/&r 'f ( , to be
the person(s) whose name(s) are signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
MyCo
Notary Public
ission Expires: (,;r (0 /JO 10
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Frank Olbrych, Jr.
Carol A. Olbrych
33 Mark Drive
Agawam, MA 01001
•
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
Re: Zone Change
Mark Drive, Agawam, MA
Dear Ladies and Gentlemen:
•
Please be advised that we are writing you to confirm that our property located at
Lot 4A Mark Drive, Agawam, Massachusetts be changed to a Residence B Zone from
a Business A Zone. We definitely assent to and join in on this zone change petition.
Also, be advised that Gary B. Liquori , Esq . is representing us on this matter.
IN WITNESS WHEREOF, the said parties hereto have set their hands and seals on this
<?-/4 tday of May, 2009.
~~~ Frank Olbrych, Jr'7'"
,J
County of Hampden
On this ;).1
• •
COMMONWEALTH OF MASSACHUSETIS
M2Y rtf ,2009
day of May, 2009, before me, the undersigned notary public,
personally appeared Frank Olb ch Jr. and Carol A. Olb
satisfactory evidence of identification, which was
ch, proved to me through
dli "II o.utP, to be
the person(s) whose name(s) are signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
( '. :
Notary Public
My Commission Expires: 1)-flo ( a-o I 0
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• •
Town of Agawam
. 36 Main Street Agawam, Massachusetts 01001-1837
. Tel. 413-786-0400 Fax 413-786-9927
May 7, 2009
pear Abutter:
Langone Realty Corp., Nonnan Pelley, Jay and Evelyn Pelley and Frank and Carol Olbrych have
submitted to the Town a request for a zone change on property located on Mark Drive. The
property is currently zoned Residence A-2, Agncultural and Business A. The request is to
rezone the property entirely Residence B.
The Assessors Office lists you as an abutter and therefore must be notified of the upcoming
public hearing. The Plamling Board will be holding a public hearing on this request on
Thursday, May 21,2009· at 7:00 PM. The meeting will be held at·the Agawam Public Library,
750 Cooper Street, Agawam.
You are encouraged to attend and comment.
. Sincerely,
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Travis Ward, Chainilan
AGA W AM PLANNING BOARD
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DALL • .s . TX 7535·;··3 iSS
PJrcellD: K3 L 1
PELLEY NORI1AN A
412 1'10 WEST ST
FEEDING HILLS. MA 010JO-I014
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cor·mop. KAREN L
"0 WOODBRIDGE DR
SUFFIELD , CT 06072·
Parcei lD: K3 1 2
SQU~.ZZA EDWARD LiT
21 SOUTH 5T • .A.GAV~·J\.r·, , f'.,A OFJOl:-3623
P,u":l2i 10: K3 1 5
PELLEY JAY A
26 DAVIS ROAD
SOUTHWICK, I1A 01077
P':;'ce! Ie,: K3 1 9
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60 SOliTH 5T
AGAWJl.f'.1 . r·1A r'100l-362~
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Frank & Carol Olbrych
33-35 Mark Drive
Agawam, MA 01001
~uazza Edward LIT
"gray Linda
1 South Street
::Jawalll, MA 01001
PELLEY NORNAN t,.
)3 35 r.,ARI< DR
!.GAw;..r·l . I1A 01001
P.=lcel JD: K3 1 10
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LANGOI'IE REALTY CORPQRATION
108 FRONT STREET
WEST SPRINGFIELD , ~lA 01089
Percel 10: K3 1 17
~MRKOWSKI EDWARD SR
216 BABBS RD
WEST SUFFIELD , CT 06093
P~;'"cel 10: K3 1 25
DION STEVE L
33 SOUTH ST
AGAWAH . f'.lA 010U1·351::;
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[)lD!)t\ PAUL L/1
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AG::'WAf'·' , MA 01 001-3624
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78 South Street
Ag",w",lll, MA OlGOl
PELLEY NORI1AN A
412 ~IO WEST ST
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FEEDII'IG HILLS, flA 01030·1014
~i';rcel ID: K3 l 15
BELCHeR LE,)rIARD C L.TEI'.
49 SOUTH ST
AGM"AI~ . ~IA 01001-3636
Pal'(~l !D: K3 1 18
CIRILLO REALTY INC
986 I·IAIN ST
AGAWAH. I~A 01001-3106
p.,rc~1 !D : I<~ 1 .;l
PELLEY NORI1AN A
lOS FROln STREET
WEST 9RINGFIELD . fit 01089
P;;1r;:I:1 lD: K3 ~ ~)
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72 SOUTH ?T
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r'lOp.RISON ELEJJI R
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"'GAWA~I , I1A 01001-3624
Parcel ID: K"3 2 7
TOWI'I OF AGAWM1
_ 36 f'o'lAIN 5T
.~G • .wA.11 . MA. 01001·1825
Par·:-:el ID: K4 1 3
Mata Prout & Mata Hamer
60 South Street
Agawam, MA 01001
Carl Rokndini
88 Sor.:th Street
Ag",wi'Olll, Mt>. C1GG1
•
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
•
The Agawam Planning Board will hold a public hearing on Thursday, May 21,2009 at 7:00 PM
at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing
will be to hear the petition of Langone Realty Corp., Pelley and Olbrych for a proposed zone
change on property on Mark Drive. The property is currently zoned Agricultural and Residence
A2 and Business A. The request is to rezone it Residence B. Copies of the proposed zone
change can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office
between the hours of8:30 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
• •••
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
MEMo
TO: AGAWAM PLANNING BOARD
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: Zone Change-Pelley, Langone & Olbrych -Mark Drive
DATE: May 14, 2009
On April 28,2009, the Town received a zone change request from Attorney Gary Liquori for
multiple parcels ofland located on Mark Drive. The affected properties are as follows (please refer
, '
to the petition and accompanying map):
Lot I -Nonnan Pelley & Richard Langone Residence A-2
Lot 2A -Nonnan Pelley & Richard Langone Residence A-2 &'
Business A
Lot3A -Evelyn & Jay Pelley Business A
Lot 4A -Frank & Carol Olbrych Business A
Lot SA-Lot 14A -Langone Realty Corp & Ncinnan Residence A-2,
Pelley Business B & Agric,
The Map included in the zone change request'entitled "Proposed Zone Change, Mark Drive,
Agawam, MA" dated December 2, 2008, revised February 19, 2009 and prepared by Thomas
Wilson & Associates, does not accurately reflect existing property lines. An opinion from the ,
Solicitor has been requested. Please also be advised that the petition has not been submitted
properly. The property owners: Langone Realty Corp.; Norman Pelley; Jay A. Pelley and
• Evelyn M., Pelley and Frank Olbrych, Jr. and Carol A. Olbl'ych must submit notarized
documentation that Attorney Liquori is their representative in this zone change petition.
The Planning Office has conducted a review of this proposal and submits this report' for your
infonnation, Also attached is a copy of the assessor's plan a'nd a copy of the zoning map,
• •
Land Use and Zoning
As stated above, the property for which the zone change is being requested is zoned Residence A-2,
Agricultural and Business A. It is abutted to the west by property zoned Agricultural, to the east by
property zoned Business A and Industrial A and to the south by land zoned Agricultural.
The Assessor's Map shows that there are four (4) immediate abutters to the property. To the west
and south are parcels owned by Edward Markowski Sr. This property is part of a large farm which
. crosses the border into Connecticut. To the east is property owned by Six Flags New England.
Fronting on South Street are abutting residential lots zoned Residence A-2.
Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of
the Zoning Ordinance which is attached for a full description.)
• Any use pennitted in a Residence A-I District or A-2 District.
• Fanns, dairies, nurseries, truck gardens, greenhouses and natural ice harvesting activities and
buildings or structures accessory thereto.
• . Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all times are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
• TI1e processing of forests and wood lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals.
• Airports and landing strips and buildings or structures necessary thereto, if located west of
Suffield Street.
Under the present Residence A-2 District the following uses are allowed: ( Please refer to 180-23
of the Zoning Ordinance which is attached.)
• Any use permitted in a Residence A-I District
• One family detached dwelling
• Office for a dentist, artist, architect, professional engineer, teacher of scholastic subjects, or
a beauty parlor
• Renting of rooms for not more than four (4) residents
• Schools for academic purposes and community center buildings
• Colleges, public libraries or museums
• Private kindergartens and day nurseries
• Bus passenger stations or shelters
• Telephone exchange buildings.
Under the present Business A District the following uses are allowed: (please refer to § 180-44 of
the Zoning Ordinance which is attached for a full description):
• Any use pennitted in a Residence or an Agricultural District. This would include both
two-family and four-family dwelling units as is allowed in Residence B.
• •
•• The major use of a building or structure in this district shall be to store and display goods for
sale at retail on the premises or to furnish a service intended for residents of the immediate
vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered
as complying with such requirements.
• No building, structure or land shall be used in whole or in part for any fabricating,
manufacturing, converting, altering, finishing or assembling.
• One·story public garages for storage or repair of not more than 50 cars. The storage of a
maximum of 150 motor vehicles out of doors is allowed to holders of first· and second·class
. motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of
doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is
prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm
machinery, school buses and ambulances is permitted. An underground tank of not more
than 1,000 gallons' capacity for drain oil is permitted.
• A gasoline filling station, which shall include self·service gasoline filling or service stations,
provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An
enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor
repairing of motor vehicles is permitted.
(I) For the public purpose to promote and protect the health, safety, and welfare of the
Town of Agawam, to prevent and control fires, and to control traffic, it is deemed to
be in the best interests of the Town of Agawam to regulate the number of gasoline
filling stations within the Town of Agawam.
(2) For the purpose of licensing gasoline service stations under the provisions of
Massachusetts General Laws Chapter 148 § 13, there shall be no more than 20 issued
at anyone time, and no license shall be issued for a gasoline filling station located
within 200 feet of a residence, school or church.
• Open·air transient parking, after a public hearing by the Board of Appeals.
• Cabins, iflicensed under MGL C. 140, § 32A to 32E, inclusive.
Under the proposed Residence B District, the following uses would be allowed: (Please refer to
Section 180·31 of the Agawam Zoning Ordinance which is attached for a full description.)
• Any use permitted in Residence A·I or A·2 District.
• A two·family dwelling for two housekeeping units.
• Notwithstanding any other provisions ... , no building or other structure shall be erected,
altered or used for residential purposes which shall accommodate or house more than four
families.
• Lodging houses.
• Clubs, lodges and social center buildings.
• Hospitals, sanitariums or charitable institution.
• Private garages.
• Not more than one house trailer. .. not to be used for living quarters.
• •
Environmental Considerations
When the subdivision was originally approved in 1974, a Notice of Intent was filed with the
Agawam Conservation Commission. This was due to the existence of Fourmile Brook along the
southerly end of the project. A tributary ofFourmile Brook also flows through the adjacent property
owned by Six Flags New England. The soils on the site are Agawam and Merrimac. These soils
represent slight constraints for building construction. It does not appear that any additional
environmental permits would be necessary for construction on this site.
Other Considerations
At the Planning Board meeting held on January 15, 2009, a public hearing w~s held on a zone
change for this property rrom Agriculture and Residence A-2 to Business A. During the hearing, the
applicant indicated that their intention was to build duplexes on the remaining undeveloped lots on
Mark Drive. Currently, there are a number of duplexes on the street. However, due to the split zone,
the applicant expressed concern over the appearance of any new development. By changing the
zoning the buildings could be set further back on the lots. During the hearing, it was suggested by
the Board that the whole site be changed to Residence B which was more in keeping with the
residential nature of the area. A copy of the minutes for this meeting have been attached for your
in fonnation.
Valley Visioll 2, the New Regiollal Lalld Use Plall for the Piolleer Valley prepared by the Pioneer
Valley Planning Commission and dated SeptemQer 2007 has identified a portion of the site as a
potential Smart Growth District. The regional land use plan is a Smart Growth plan and is designed
to promote compact, mixed use growth in and around existing urban and town centers while
promoting protection of open space and natural resources outside development centers.
In addition, Agawam must continue to provide a variety of housing options for it s residents.
Agawam's 2004 Community Development Plan identifies a number of different strategies for
addressing the communities long-term housing needs. Affordability is a key consideration when
planning for Agawam's future housing needs.
Recommendation
The new zone change request as submitted to Residence B is in keeping with the current land-use
at the site. Elimination of the multiple zones will allow a more coherent development pattern and
the creation of additional units of affordable housing will address an existing housing need .
• •
PARCEL MAP
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Pa rcel 10: K3 115
Owner: PELLEY NORMAN A
Parcel Address: LOT 10 MARK DR
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Interactive Map
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Date: 5/14/09
393
Scale: 1" =393'
Page 1 of 1
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786 Feet
http://hoting.tighebond,com/agawam/print.apx?maptype=5&image=http%3a%2f1'102 fproJ ... 5/14/2009
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Parcel to: 1(3 115
Owner: PELLEY NORMAN A
Parcel Address: LOT 10 MARK DR
Aerial Photo
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Date: 5/14/09
393
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ZONING MAP
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Parcel JO: K3 1 15
Owner: PELLEY NORMAN A
Parcel Address: LOT 10 MARK OR
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Date: 5/14/09
o 393 186 Feet
Zoning Map
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Valley Vision 2
The New Regional Land Use Plan for the
Pioneer Valley
Prepared by the Pioneer Valley Planning Commission
September 2007
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Re·
dev,:lop .• ble Land
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st:uions.
• An Arcn ofConcenlrated Development. including Q city or
Town ccntcr. an existing commercial district. plus !lny
qualifying Adjucent Area, An Arca of Concentrated Develop.
ment is further defined as a city or town center or existing
commercial district. if the prima.ry current usc (or zoninB. if
undeveloped) is industrial or commcrcio.l or mixed usc,
• Un-scwcrcd cxistinB rural village districts which contain land
within 1/2 mile of the principnl rOOld intersection or center
point of district (which is defined as containing two or more of
a town hall. post ollice. public librnry. public school or public
safcty fucility) or. contain land within 112 mile of an existing
village rctail district.
• A Highly Suitable Location. including areas idcnlified as on
approprinte locus for high-dcnsilY housing or mixed use
development in a local comprehensive plan. community
development plan. orea specitic plan. or regional policy plan.
• A Quolifying Adjacent Area to ont.! of the above. which must
be within 114 mile of a school or college. hospiml. municipal
office building. public librnry. post office. public safety
facility. civic facility. recreation facility. a commercial or retail
business area. or a bus stop with a minimum hourly peak
service .
Proposed Zone Change Site
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• • § 180-36 AGAWAM CODE § 180-39
§ 180-36. Lot coverage.
No principal building shall be erected or altered so as to cover morc than 40% of the area of
the lot on which it is located.
§ 180-37. Permitted uses.
ARTICLE VII
Agricultural Districts
In any Agricultural District as indicated on the Building Zone Map, no building or other
stnlcture shall be erected, altered or used and no land shall be used or occupied for a purpose
except one or more of the following:
A. Any use permitted in a Residence A-lor A-2 District.
B. Farms, dairies, nurseries. truck gardens, greenhouses and natural ice-harvesting activities
and buildings or structures accessory thereto .
• C. Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all times are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
D. The Processing of forests and wood lots by portable woodworking mills and machinery
for processing wood cut on the premises, if approved by the Board of Appeals.
E. Airports and landing strips and buildings or structures necessary thereto, if located west
of Suffield Street.
F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to
an existing conforming amusement park containing at least three acres of land adjacent to
agriculturally zoned land and by special permit.IAddcd 2-20·2001 by TOR·2001-1]
§ 180-38. Height regulations,
Buildings or stnlctures permitted in this zone under § 180-37 A shall not exceed the heights
permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height
limitation shall be 50 feet.
§ 180-39, Setback re(luiremenLs.
A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the
street fine.
B. Dwellings with or without attached garages shall be at \east 35 feet from the street line.
All other buildings of whatever description shall be at least 100 feet from the street line.
180:28 05·15·200('
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§ 180-40 ZONING § 180-43
§ 180-40, Yards.
A. Side yards. There shall be a side yard between any building and any side lot line. It shall
comply with the side yard requirements of the nearest residence district measured in a
direct or air line.
B. Renr yards. For a residence, accessory building or other structure, the rear yard shall
comply with the rear yard requireme nt of the nearest residence district measured in a
direct or air line.
§ 180-41. Lot size.
No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or
an area of less than 20,000 square feet.
§ 180-42. Lot coverage.
There' shall be no lot coverage regu lations in this district.
§ 180-43. Special use re(luirements.
A .. Landscaped administrative offices, laboratories devoted to research. de sign or
experimentation a nd processi ng and fabrication incidental thereto and appunenant
buildings consislent with and designed to promote and benefit the value and usc of
property in residential districts or in areas which are predominantly residential although
partly lying in less restricted districts, provided that no materials or finished products
shall be manufactured. processed or fabricated on such premises for sale except such as
. arc incidental to such laboratory rese~rch. design or experinlentation conducted on slIch
premises.
B. The special use established mu st be on plots having a minimum of 20 acres, must havc a
two-hundred-foot front yard and 100 yards along all othe r lot lines and must provide
off-street parking for employees and visitors. Pointed masonry block and cinder block
walls with struck joints will be permitted for rear and side walls of buildings. Brick
masonry exterior walls. curtain walls of decorated colored aluminum, enameled colored
steel, stainless stee l walls and glass walls nre permitted for exterior uses. If the front yard
is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign
permitted mu st be in front of the building and subject 10 Planning Board approval.
Traffic directional and parking signs must be not more Ihan four feet high from the
ground level. Not over 25% of the land shall be used for building purposes.
C. Landscaped rest homes or convalescent homes. except those for contagious diseases, for
the care of drug or liquor patients. for correctional purposes or for the Care of the insane
or feebleminded. Rest homes o r convalescent homes must be on plots having" minimum
of 10 acres. must have a one-hundred-foot front yard .lOd fifty-foot yard s along nil other
lot lines and must provide off-street parking for employees and visitors . Not over 25% of
the land shall be used for build ing purposes.
180:29 os-15·2006
• • § 180-43 AGAWAM CODE § 180-44
D. Nonprofii golf courses shall be permitted . Golf courses operated for profit shall be
permitted with that ponion of land covered by a clubhouse to be zoned Business A. All
golf courses must be on plots having a minimum of 75 acres.
E. To assure that special use structures shall be reasonably attractive in appearance, the
bu ilder 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 submitted to the Inspector of Buildings, no
permit for a building shall be issued, nor shall an Qccupancy permit be granted, unless
and until the finished structure ~onforms to the drawing submitted.
F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor
vehicles shall be kept in accord ance with Chapter 91 of the General Laws, only one of
which can be an unregistered vehicle, exclusive of farm equipment.
§ 180-44, Permitted uses,
ARTICLE VIII
Business A Districts
In any Business A District 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 any
purpose except one or more of the following:
. A. Any use permitted in a residence district or an Agricultural District.
B. The major use o f a building or structure in this district shall be to store and display goods
for sale at retail on the premises or to furnish a service intended for residents of .the
immediate vicinity. Banks, hote ls, dining establishments, halls and office buildings shall
be considered as complying with 'such requirements.
c.. No building, structure or land shall be used in whole or on pan for any fabricating,
manufacturing, convening, altering, finishing or assembling.
D. One-story public garages for storage or repair of not more than 50 cars. Body and fender
work and the painting or selling of cars in or out of doors is prohibited. The storage of
dismantled vehicles or vehicle part s out of doors is prohibited. The storage of complete
units such as truck bodies, tailgatcs, road sanders, farm machinery, sc hool buses and
ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity
for drain oil is permitted. [Amended 11-15-2004 by TOR-2004-17]
E. A gasoline filling stat ion, whic h shall include self-service gasoline fill in g or service
stations, provided that not more than 30,000 gallons of gasoline shall be stored on the
premises. An enclosed lubritorium for not more than three motor vehicles shall be
permitted. Only minor repairing of motor vehicles is permitted. [Amended 12-2-2002 hy
TR-2002-53]
(I) For the public purpose to promote and protect the health, safety, and welfare of the
residents of the Town of Agawam, to prevent and control fires, and to control
180:30 us . IS · 2006
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• • § 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. I'ermilled uses.
ARTICLE III
Residence A-2 Districts
In any Residence A-2 District 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 any
purpose except one or more of the following:
A. Any use permitted in a Residence A-I District.
B. A one-family detached dwelling for one housekeeping unit only; 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 forth the
changes and improvements to be made and shall have secured the written consent and
approval of at least three of the following property owne~s:
(I) The owner of the lot on either side of the petitioner's property.
(2) The owner of the lot adjacent in the rear of the petitioner's propcny.
(3) The owner of the lot directly across Ihe street therefrom. Where the pelitioner is
the owner of a lot on either side, in the rear or across from the propeny for which
a variation is requested, such lot shall be omitted, in which case written consent
and approval shall be secured from the owner of Ihe propcny neXI to that owned
by the petitioner: In case there are two or more lots adjacent in the rear or sides of
the pelitioner's propeny, the owner of the lot which abuts the greater length on the
petitioner's propeny shall be deemed Ihe owner of the lot adjacent to the
petitioner'S propeny, as used in this seclion.
180:20 os· 15· 2()U6.
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• • § 180-26 ZONING § 180-29
§ 180-26. Yards.
A. Side yards.
(I) There shall be a side yard bel ween a principal building and any side lot line which
shall be 15 feet wide in its least dimension.
(2) Detached garages or accessory buildings shall be placed at least five feet from the
side lot line if located more than 65 feet from a street line.
B. Rear yards.
(I) There shall be a rear yard on every lot between the principal building and the rear
lot line. It shall be 20 feet deep in its least dimension.
(2) One-story accessory buildings shall be placed at least five feet from the rear lot
line. and one-and-one-half-story accessory buildings shall be placed at least I 0 f~et
from the rear lot line.
§ 180-27. Lot size.
No lot shall have a frontage of less than 110 feet nor an area of less than 15.000 square feet.
§ ISO-28. Lot coverage.
No principal building shall be erected or altered so as to cover more than 40% of the area of
the lot on which it is located.
§ 180-29. Use restrictions.
ARTICLE IV
Residence A-3 Districts
In a Residence A-3 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 for apartment houses or garden-type apartments and accessory uses incident
thereto and subject to the following restrictions:
A. Subdivision control will not apply except insofar as it applies to road constmction,
surface drainage and utilities.
B. The project shall be located on a lot containing not less than two acres and contain not
more than eight family dwelling units per acre of lot area. The building coverage shall
not exceed 40% of the lot area. The minimum lot frontage on a street shall be I SO feet.
C. No building shall be located nearer than 40 feet to a street line or other property line.
D. There shall be a landscaped strip of not less than 15 feet in width appropriately plunted
wilh lawn, trees and shrubs adjacent and parallel to all property lines of the site.
180:23 05· IS . 200(i
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§ 180-43 AGAWAM CODE § 180-44
D.
F.
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Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be
permitted with that portion of land covered by a clubhouse to be zoned Business A. All
golf courses must be on plots having a minimum of 75 acres.
To assure that special use structures shall be reasonably attractive in appearance, the
builder or his representative shall submit to the Planning Board, in addition to other
require ments, 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 s ubmitted to the Inspector of Buildings. no
permit for a building shall be issued, nor shall an occupancy permit be granted, unless
and until the finished slruclure conforms 10 Ihe drawing submitted.
NOI more Ihan one molor vehicle per 5,0{)() square feel of 101 up 10 a limil of five mOlor
vehicles shall be kepI in accordance wilh Chapler 91 of Ihe General Laws. only one of
which can be an unregislered vehicle, exclusive of farm equipment.
ARTICLE VIII
Business A Districts
§ ) 80-44. Permitted uscs_
[n any Business A Dislricl as indicaled on the Building Zone Map, no building or olher
SlruClure shall be erecled. altered or used and no land shall be used or occupied for any
purpose excepl one or more of the following:
A. Any use permitted in a residence dislricl or an Agricultural Dislrict.
B. The major use of a building or slruelure in Ihis dislriel shall be to Slore and display goods
for sale al retail on the premises or 10. furnish a service inlended for residents of Ihe
immediale vicinily. Banks, hOlels, dining eslablishmems, halls and office buildings shall
be considered as complying wilh such requiremenls.
C. No building, slruclure or land shall be used in whole or 10 part for any fabricaling.
manufacluring, converting, altering, finishing or assembling.
D. One-slOry public garages for slorage or repair of nOI more Ihan 50 cars. Body and fender
work and Ihe painting or selling of cars in or oul of doors is prohibiled. The slorage of
dismanlled vehicles or vehicle parts out of doors is prohibiled. The slorage of complele
unils such as truck bodies, lailgales, road sanders, farm machine ry, school buses and
ambulances is permilled. An underground lank of nOl more Ihan [,000 gallons' capacily
for drain oil is permilled. [Amended 1I~)5-2004 by TOR-2004-l7]
E. A gasoline filling slation, which shall include self-service gasoline fIlling or service
stalions, provided thaI nOI more Ihan 30,{)()0 gall ons of gasoline shall be slored on Ihe
premises. An enclosed lubrilorium for nol more Ihan Ihree mOlor vehicles shall be
permilled. Only minor repairing of molar vehicles is permilled. [Amended 12-2-2002 h)'
TR-2002-53]
(I) For Ihe public purpose 10 promole and protecl Ihe health. safety, and welfare of Ihe
residenls of the Town of Agawam, 10 prevenl and conlrol fires. and 10 conlrol
180:30 05· 15.2(1)()
• • § 180-44 ZONING § 180-45
traffic, it is deemed to be in the best interests of the Town of Agawam to regulate
the number of gasoline filling stations within the Town of Agawam,
(2) For the purpose of licensing gasoline service stations under the provIsions of
Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20
issued at anyone time, and no license shall be issued for a gasoline filling station
located within 200 feet of a residence, school or church.
F. (Reserved)'
G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive.
H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of
Appeals in conformance with § 180-11 . At no time shall fewer than 50 parking spaces be
provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 hy
TOR-WOO-I]
I.
(I) The parking or loading requirements set forth in this subsection may be reduced as
part of the special permit by the Board of Appeals if the Board of Appeals finds
that the reduction is not inconsistent with the requirements of the Zoning Bylaws
of the Town of Agawam.
(2) If a reduction is allowed, a reserve area, to be maintained indefinitely as
landscaped open space, must be required sufficient to adequately accommodate the
difference between the parking spaces required (i.e., the sum of the parking spaces
required for the separate used individually) and the parking spaces provided. The
parking/site plan shall show (in dotted outline) the reserve area laid out in full
compliance with any parking or loading requirements as set forth in said Chapter
ISO, including the required number of spaces. In no event shall the Board of
Appeals reduce the parking or loading requirement below 30 spaces.
Drive-through service windows utilized by any business shall
from the Board of Appeals in conformance with § 180-11.
TOR-97-S]
require a special permit
[Added 9-20-1997 hy
1. No more than four automatic amusement devices duly licensed in accordance with § 75-1
of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-S]
§ I SO-45. Height regulations.
A. A business building shall not exceed three stories or 45 feet in height. These provisions
shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required
bulkheads or elevator penthouses. A residence building shall. comply with the height
requirements for Residence B Districts.
B. Heights of other buildings and structures permitted In this zone under § ISO-44A shall
not exceecl the height permitted in Residence B Districts.
7. Editor's Noll.': Former Suh.~l'clion F. which provided fur open-air transient parkin!; as u pCfmiltl'u U~l', was repealed
(,·IH-2IHI7 hy TOR-2007-6.
180:31 117 -lit • 2tlliS
• § 180-46 AGAWAM CODE
* 180-46. Setbacks; yards; loading areas.
A. Selbacks shall be al leaSI 35 feel.
B. Side yards are nOI required for business buildings.
C. Rear yards shall have a minimum of 25 feel.
• * 180-48
D. Space shall be provided for vehicle parking and for Ihe loading and unloading of all
malerials. equipmenl and merchandise on Ihe premises and enlirely off Ihe Iraveled way.
wilh such addilional space as may Ix; necessary 10 provide free and easy access 10 Ihal
par/ion of Ihe buildings so as nol 10 inlerfere wilh Iraffic on Ihe public way. Loading and
unloading plalforms and doorways especially designed fo r loading and unloading goods
are prohibiled on Ihe froni of any building.
E. A building devoled in whole or in pan 10 residence or olher Jlurposes pe rmilled in
§ ISO-44A shall comply wilh·lhe requiremenlS prescribed for Residence B Dis!riclS.
[Amended 4-7-1986 hy TOR-86-6)
§ 180-47. Lot coverage.
A . No business building shall be erecled or allered so as 10 cover more Ih:1I1 50% of Ihe area
oflhe 101 upon which il is localed. [Amended 4-7-1986 hy TOR-86-6)
B. NOlwilhslnnding any olher provision of Ihis seclion, no building or OIher s!rucillre shall
be erecled. ahered or used for residenlial purposes which shall accommodale or house
more Ihan four families. All four-family buil dings or S!ruclures used for residemial
purposes shall be erecled on a parcel of land conlaining nol less Ihan one acre in area and
having nOI less Ihan 150 feel of fronlage on a streel.
C. NOI mo re Ihan one unregislered molOr vehicle shall be allowed on any parcel of land
used as a gasoline lilling sial ion; provided, however, thai any such gasolinc filling sial ion
having an aUlomobile de:.le r's permil shaJJ be governed by Ihe provisions of such pcrmi!.
§ 180-48. Permitted uses.
ARTICLE IX
Business II Districts
In any Business B Dis!riel as indicaled on Ihe Building Zone Map, no building or OIher
Sln.elure shall be ereclcd, allered or used and no land shall be used or occupied for any
purpose excepl one or more of Ihe following:
A. Excepl as olherwise provid ed in Ihis anicie, any usc permilled .n a Residence,
Agricuilural or Bu siness A Dislricl.
B. Residenlial buildings and appurl enalll buildings such as gara ges. sheds, barns, eIC.,
prescmly exisling in Business B Districls may be added Ihe rclO, ailered or rebuih.
180:32 n7·1l1·2U08
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§ 180-31
§ 180-31. Permitted uses.
AGAWAM CODE
ARTICLE VI
Residence B Districts
• § 180-31
In any Residence B District 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 any OIher
purpose except one or more of the following:·
A. Any use permiued in a Residence A-lor A-2 District.
B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two
families, provided that there shall not be marc than one family in each half of such
dwelling.
C. Notwithstanding any other provIsIon on the above paragraph, no building or OIher
structure shall be erected, altered or used for residential purposes which shall
accommodate or house more than four families. All four-family buildings or stnoctures·
.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.
D. Lodging houses, provided that there is no display, sign or other advertising device visible
from the street, whether illuminated or otherwise: other than a sign having an area of not
more than 144 square inches. A public restaurant or dining room shall be permitted as an
accessory use in any part of such building, provided thai Ihe dining room and kilchen
facililics do nol occupy more than 75% of Ihe firsl-noor area of such building.
E. Clubs, lodges and social center buildings, except those whose chief aClivilY is a gainful
service or aClivity usually conduCled as a business, including in such excepted uses
dancing or bowling and like activilies, provided that there is no display or advertising
visible from Ihe street olher Ihan Ihat permilled in Subseclion D of Ihis section.
F. Hospilals, sanilariums or charitable inslitulions, except those for conlagious diseases, for
Ihe care of epileptics or drug or liquor patients, for ·correctional purposes or for Ihe care
of Ihe insane or feebleminded.
G. Privale garages, provided that no business, service or induslry is conducted therefrom or
Iherein. NOI more Ihan one motor vehicle shall be kept for each 2,500 square feel of 101
area, excepl Ihat three vehicles may be kept, in any case, nOI more than one of which
may be unregislered. Only one such vehicle may be a commercial vehicle of nol more
Ihan I 112 tons' weight of capacity. Space shall not be leased or rented for a commercial
vehicle. No commercial vehicle shall be parked on a lot in Ihe open. These space
regulations shall apply 10 vehicles regularly lefl on Ihe 101, whether housed or in the
open.
H. NOI more Ihan one house Irailer for each residenl family may be kepi on Ihe premises.
The Irai ler shall not be used for living quaners while so loc;oled. Space shall nm be
rented or leased for tr;oilers.
180:26 os -15 -2006
• •
§ J 80-32 ZONING § J 80-35
§ 180-32. Height regulations.
A. A dwelling o r lodging house shall not exceed 2 112 stories or 35 fee!. Churches, schools,
colleges, libraries. Town buildings, clubs, lodges, social center buildings, hospitals and
such institutional buildings shall not exceed 50 feet in heigh!. Chimneys, steeples and
flag or radio poles are exempt from the height provisions.
B. Accessory buildings or structures, including private gnrages, shall not exceed 17 fect ill
height for a one-or one-and-one-half-story building. A two-story accessory building shnll
not exceed .25 feet in heigh!. .
§ 180-33, Scthack re'luirements,
A. No part of any building or other structure shall be erected or altered so as to be nearer 10
the street line of any street on which it faces than the neares!. buildillg on either side
thereof facin g on the Same street and within the same block and zoning district, but ill no
case need the required setback be greater than 30 feet.
B. \Vhere the alignment of a building is not controlled by Ihe preceding subseclion, no pan
of any building shall be placed within 20 feel of Ihe street line.
C. No pan of any garage, slab Ie or olher accessory building silualed wilhin 65 feel of any
streel line shall ex lend wilhin 15 fcet of any lot line intersecting such street which seryes
as a side lot line located in any residence dislricl or wilhin 15 fcet of any streel line.
D. On a corner lot. except as otherwise provided in Ihis section, no pan of any building
shall be erecled or altered so as 10 be less Ihan 20 Ceet from any slreel line.
E. Existing open porches which are 15 fcet or more from Ihe Slrcelline may be enclosed on
one or more sides wilh glazed enclosures.
§ 1110-34. Yards.
A. Side yards. There shall be a side yard bel ween a building and each side lot line. For a
building.ofCour stories or over 45 feet in height, it shall be not less than 25 feet in width
in its least dimension; for a building of Ihree stories or ovcr 35 feet in heighl, it shall be
not less than 20 feel wide in its least dimension; for one-, one·and-one-half-, IwO-or
two-and-one-half-slory buildings, the side yard shall be nol less Ihan 15 feet widc in its
least dimension.
B. Rear yards. There shall be a rear yard on every lot between the principal building and thc
rear lot line. It shall be 20 feet 'deep in its least dimension. One-story accessory buildings
shall be placed at least five feet from Ih e rear lot line, and one·and-one-half-or IWO-story
accessory buildings shall be placed nOl less than 10 feet from Ihe rear lot line.
* 180-35. Lot size.
No 101 shall have a frontage of less Ihan 100 feet on a slreet or all area less Ihan 12,000 square
fee!.
180:27 OS· 15 -2111kl
• • § 180-36 AGAWAM CODE § 180-39
§ 180-36. Lot coverage.
No principal building shall be erected or ailered so as to cover more than 40% of the area of
the lot on which it is located.
§ 180-37. Permitted uses.
ARTICLE VII
Agricultural Districts
In any Agricultural Di strict as indicated on the Building Zone Map. no building or other
Slr1.lcture shall be erected. ailered or used and no land shall be used or occupied for a purpose
except one or morc of the following:
A. Any usc permitted in a Residence A-lor A-2 Districl.
B. Farm!-i, dairies, nurseries, tru ck gardens, greenhollses nnd natural ice-harvesting activities
and buildings or structures accessory thereto.
e. Buildings or sheilers for the sale of farm products, provided that a major portion of the
products offered for sale at all times arc raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
D. The processing of forests and wood lots by ponable woodworking mills and machinery
for processing wood cut on the premises, if approved by the Board of Appeals.
E. Airports and landing strips and buildings or structures necessary thereto, if located west
of Suffield Streel.
F. Off-street parking for 24 hOllrs or less for motor vehicles when the use is an accessory to
an ex isting conforming amusement park cont'lining at least three acres of land adjacent to
agriculturally zoned land and by special permil. IAdded 2-20·2001 hy TOR·2001·1]
§ ISO·3ft Height regulations.
Buildings or structures permilled in this zone under § ISO-37A shall not exceed the heighls
permitted in § 180·24 of this chapter. For other buildings permitted by this Article. the height
limitalion shall be 50 feel.
§ 180·39. Selhack requirements.
A. Buildings and sheilers. for the sale of farm products shall be at least 35 feet from the
street line.
B. Dwellings with or without attached garages shall be at least 35 feet from the street line.
All other buildings of whatever description sh:1I1 be at least 100 feet from the street line.
180:28 05· 15·20()(i
• •
Agawam Zoning Ordinanc~
Section 180-37, 180-23, 180-44 and
180-31
e. •
Proposed Zone Change Submission by Applicant
•
POWE RS & LIOUORI
ATTORNEYS AT L\w
84 PARK STREET
•
WEST SPRINGFIELD, HASSACH US ErTS 0108<)·3336
T F.l.EPHONE, (41 3) 739·121J1l
FACS IHILE, (413) 739·1232
~IIOI;\EL J. POW~RS, ESQ .
In p nwc r~@ r owel-S I i '1UO "j .COlll
GARY B. LIQUORI, ESQ.
jiili«-!uori@ powcrsli(IUori.c(,m
HAND DELIVERED
Dominic Urbinati, Building Inspector
Town of Agawam Town Hall
1000 Suffield Street
Agawam, MA 01001
Re: Zone Change for Mark Drive
Dear Mr. Urbinati:
April 28, 2009
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--U I"TJ Pursuant to the most recent Agawam Development Handbook, encli;1'Sed ple~
find a Zone Change Petition from the initial. developers of Mark Driv,e, Langone ]ea~
Corp . and Norman Pelley along with current owners of two lots , Jay A. Pelley aQ(j I"TJ
Evelyn M. Pelley [Lot 3A] and Frank Olbrych, Jr. and Carol A. Olbrych [Lot 4A]. U)
Included within the Zone Change Petition is a General Location of the land and a legal
description of the property for which the zone change is requested. I will also enclose a'
separate legal description.
Additionally, enclosed please find 38 copies of the land as drawn for the
proposed zone change by Thomas Wilson & Associates. Last, please find my check in
the amount of $500.00 payable to the Town of Agawam as the fee for the Petition .
Please notify me of the date, time and place of any hearings on the Zone '
Change Petition.
GBL:kag
Enclosures
Sincerely,
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<?ary:B . Liquq0!
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AGAWAM, MASSACHUSETTS .. .t: U (Tl ;n
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DATE: April 28, 2009 (j)
THE UNDERSIGNED RESPECTFULLY PETITIONS
1 . That the area delineated as the shaded area on the enclosed Proposed Zone
Change Plan for Mark Drive , Agawam , Massachusetts by Thomas Wilson &
Associates dated December 2, 2008 and revised for February 19, 2009 be
changed from Residence A-2, Business A and Agricultural to Residence B.
2. The parcels are currently owned by Norman Pelley, Langone Realty Corp., Jay
A. Pelley and Evelyn M. Pelley and Frank Olbrych, Jr. and Carol A. Olbrych. The
land is located off the south side of South Street in Agawam, Massachusetts.
The zone change will make the complete 12 lot cul-de-sac subdivision all
Residence B zone.
3. The legal description for the property subject to the zone changes is as follows:
Beginning at a point in the southerly line of South Street, at the north east corner
of lot number 1 as shown on a plan of lots recorded in The Hampden County
Registry of Deeds, plan Book 271 , Page 91, said point also being the north west
• ,,,I,,
• •
corner of a parcel described in a deed recorded in The Hampden County
Registry of Deeds Book 16234, Page 4;
thence running N 80' 06' 05" W, along South Street, for a distance of 141 .66' to
a point at the north west corner of lot 12 as shown on the above referenced plan
thence running S 17' 24' 40" W for a distance of 110.00'
thence running N 75' 47' 48" W for a distance of 165.93'
thence running S 17' 24' 40" W for a distance of 175.00'
thence running N 75' 04' 05" W for a distance of 2.50'
thence running S '26' 46' 30" W for a distance of 200.00'
thence running S 75' 04' 10" E for a distance of 7.50'
thence running S 25' 19' 03" W for a distance of 360.17'
thence running S 45' 00' 00" E for a distance of 527.61'
thence running N 28' 24' 56" E for a distance of 254.74
thence running N 17' 25: 29" E for a distance of 213.38'
thence running N 05° 54' 32" E for a distance of 428.69'
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thence running N 05° 35' 00" E for a distance of 232.44' to the point of beginning
in the south line of South Street.
The above-described perimeter encompasses areas of Residence A-2 Zone,
Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential
B Zone.
4. The petitioners plan to use the land subject to the zone change for the
construction of duplex homes. The zone change will allow the petitioners to
place the duplexes further back from the street in terms of setback an/or may
allow the petitioners to stagger the homes in terms of setback in order to make
the area more attractive.
#47 ,~ .',/ ',. ; •
FOR THE ZONE CHANGE PETITIONERS,
LANGONE REALTY CORP., NORMAN
PELLEY, JAY A. PELLEY AND EVELYN M.
PELLEY, AND FRANK OLBRYCH, JR. AND
CAROL A. OL8RYCH
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B. iquori, s., 880# 301655
Michael J. Powers, Esq, 8BO# 405040
POWERS & lIQUORI
Attorneys at Law
84 Park Street
West Springfield, MA 01089
Telephone: (413) 739-1200
Facsimile: (413) 739-1232
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99 East Circle Drive • East Longmeadow • Massachusetts • 01028 • (413)-525-1387 • FAX(413)-525-7181
Proposed limits of zone change, Mark Drive, Agawam, MA
Beginning at a point in the southerly line of South Street, at the north east corner of lot number 1 as
shown on a plan of lots recorded in The Hampden County Registry of Deeds, plan book 271 page
91, said point also being the north west corner of a parcel described in a deed recorded in The
Hampden County Registry of Deeds deed book 16234 page 4,
thence running N 80°06'05" W, along South Street, for a distance of 141.66' to a point at the north
west corner of lot 12 as shown on the above referenced plan
thence running S 17°24'40" W for a distance of 110.00'
thence running N .75°47'48" W for a distance of 165.93'
thence running S 1.7°24'40" W for a distance of 175.00'
thence running N 75°04'05" W for a distance of 2.50'
thence running S 26°46'30" W for a distance of 200.00' z
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thence running S 75°04'10" E for a distance of 7.50'
s: r" c::> ~ >-ro :z thence running S 25°19' 03" W for a distance of 360.17' :::: c.n U rT1
~ ;;c ."" :> "" ... ..:.::: thence running S 45°00'00" E for a distance of 527.61'
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'-" thence running N 28°24'56" E for a di~tance of 254.74'
thence running N 1.7°25'59" E for a distance of 213 .38'
thence running N 05°54'32" E for a distance of 428.69'
thence running N 05°35'00" E for a distance of 232.44' to the point of beginning in the south line of
South Street
The above-described perimeter encompasses areas of Residence A-2 Zone, Agriculture Zone,
Business A Zone and is proposed to be rezoned to Residential B Zone.
• •
Minutes of the Planning Board's
January 15, 2009
Meeting
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)
• Agawam Planning Board
January 15,2009
Page I
MEMBERS PRESENT:
Travis Ward, Chainnan
Michael Morassi
Mark Paleologopoul os
MEMBERS ABSENT:
Elaine Awand
Violet Baldwin
ALSO PRESENT:
Deborah S. Dachos
Pamela R. KelT
•
AGA W AM PLANNING BOARD
January 15,2009
Mr. Ward called the meeting to order at 7:'00 PM.
I. APPROVAL OF MINUTES -December 18,2008
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Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to approve the
minutes of December 18, :WOS as written.
VOTE 3-0
2. PUBLIC HEARING -Zone Change -Mark Drive -Langone Realty COIV &
N. Pelley
Attorney Gary Liquori was in attendance as well as Mr. Langone and Mr. Pelley.
Attorney Liquori stated that his clients are seeking a zone change from Agricultural and
Residence A-2 to Business A. He c,x plained that the Mark Drive subdivision was
alJproved in 1974 and that the property is split zoned. There are duplexes constructed on
some of the lots currently and he stated that it is his client's intent to constntct duplexes
on the remaining lots and that the zone change would allow for the placement of the
duplexes further back on the lots and perhaps stagger them. He feels that th is would
make it more aesthetically pleasing. Mr. Paleologopoulos stated that he feels duplexes
arc a good use in that area but questioned why they did not request Residence B.
Attorney Liquori stated that he had conferred with the Building Inspector and felt
Business A would be the way to go. Mr. Morassi stated that he has concerns with the
allowed uses in Business A. Attorney Liquori stated that no businesses would be put
there and they could enter into an agreement with the Town as such. Ms. Dachos stated
that there was discussion at the Team Meeting that they could change the entire
subdivision to Residence B. She stated the cUITently the lots are very large. Attorney
Liquori then showed the Board a Form A that he had prepared which shows the lots being
made smaller and one extra lot being created. He stated that would make it less likely
that a business would be located there. He then asked if the petition could be amended to
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• Agawam Planning Board
January 15, 2009
Page 2
•
request Residence B. Ms. Dachos stated no , that a new petition would be needed. Mr.
Ward stated that he would like to see the entire subdivision' one zone and Residence B . .
seems the most appropriate zone. He then asked for any public input.
Richard Grover, 49 South Street stated that as an abutter he is concemcd with Business A
propeliy and its potential uses. He stated that his land is surrounded on three sides by this
subject propelty. He stated that he has no problem with duplexes and \Vas aware of that
when he purchased his homc, however, he is opposed to a Business zone.
There was no fllliher public input.
Motion was made by Mr. Paleologopoulos and seconded by Mr. Morass i to close the
public hearing for the zone change on Mark Drive by Langone and Pelley.
VOTE 3-0
Attomey Liquori stated that he will be withdrawing this application and resubmitting as
soon as possible requesting Residence B.
Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table action
on the Zone Change for Pelley and Langone on Mark Drive to the next meeting.
VOTE 3-0
Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table the
Zone Change for Mark Drive to the next meeting.
VOTE 3-0
3. SITE PLAN -Slingshot -Si.x Flags New Emdand .-/ ---
John Furman of VH B was in attendance to present this site plan . He explained that
although the Board had approved this plan at their last meeting, he had not notified the
abutters as is now required under the recently approved zoning amendment to the height
ordinance. He supplied the Board with the "green cards" and receipts from the abutter
notitication. He explained that this ride will be located on the existing foundation that
was constructed for the indoor roller coaster (Dark Knight). He stated that the utilities
are in place and ihat the Slingshot ride is on a trailer that will be anchored to the
foundation that exists. Mr. Ward asked for any public input on this submittal.
Larissa Usola, 27-29 Sunnyslope Avenue asked to be shown the specific location for this
ride and how it will effect her. Mr. Funnan pointed out the location on the plan and
explained that it is over 1500 ' from SUTmyslope Avenue. She asked if it was the type of
ride that would have a lot of screaming. i'vIr. Funnan explained that the riders sit in a
cage which is catapulted up. He stated that there would be three people per ride.'
(C?\ .. : .. ..:J
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• Agawam Planning Board
January 15,2009
Page 3
•
There being no further public comments, Mr. Ward closed the public hearing.
Motion was made by Mr. Morass i and seconded by Mr. Paleologopoulos to approve the
Site Plan for the Slingshot conditional upon all professio nal staff comments.
VOTE 3-0
4. SITE PLAN -591 North West Street -Pocket Wireless
Brian Allen was in attendance on behal f of Pocket Communications to present this site
plan for the co-location of three antennas on an existing 180' monopole on Provin
Mountain. He stated that the antennas would be located at 150' and that there is an
existing fenced area at the base of the pole where the equipment would be located. He
stnted that the equipment would consist of a box 22 " wide by 17" deep and 3' high. Mr.
Ward asked where the wires would be located. Mr. Allen stated that they will be
contained inside the pole.
Motion was made by Mr. Pal eologopoulos and seconded by Mr. Morassi to approve the
Site Plan for Pocket Wireless at 591 North West Street including all professional staff
comments.
VOT E 3-0
SITE PLAN -1804 Main Street -Pocket Wireless
Mr. Allen pres ented this Site Plan also which shows the co-location on an existing 190'
monopole. He stated these antennas woul d be located at 160 '. He went on to say that
there is an ex isting fenced compound within which the same small equipment cabinet
would be placed. He went ori to say that there would be no pad associated with thi s
equipment as it will be mounted with four posts. Mr. Paleol ogo poulos asked what the
capacity of this pol e is. Nlr. Allen stated that thi s pole has the capacity for six carriers.
Motion was made by Mr. Morassi and seconded by Nlr. Paleologopoulos to approve the
Site Plan for Pocket Wireless at 1804 Main Street including all professional staff
comments.
VOTE 3-0
5. BOND RELEASE -Wisteria Lane -Fazio
Ms. Dachos stated that she spoke with the Engineering Department today and that the
onl y change in the punch list from the last meeting is the trees that were planted. She
stated that she questioned their holding back money for the paving until Spring. She was
infol111ed th at the top coat was just placed in October. Mr. Ward asked if there was any
history to thi s requirement. Ms . Dachos sta ted that there is a requirement for wintering of
the first coat. She went on to say that the Board approved a signi ficant release.last month
.J
• Agawam Planning Board
January 15,2009
Page 4
•
and that it wo uld make sense to hold money through the winter for the paving especially
since the road has not seen any traffic yet. Mr. Fazio stated that there is a house being
built at this time. Mr. Morassi stated that he contacted the Town Engineer and was given
the same in form ati on as Ms. Dachos and that he would also like to see if the trees survi ve
through the winter. Mr. Fazi o stated that he has a warranty on the trees from NOl1hem
Nursery and that he has planted in December before and the trees have survived. Mr.
Paleologopoulos stated that at the last meeting they discussed placing covenants on the
undeveloped lots. Ms. Dachos stated that indi vidual lot bond s would not cover the
pavi ng in the street, but only the sidewalks, curbs and treebelts. Mr. Fazio argued that the
req uirement for the top coat is not covered in the Perfonnance Agrecment that he signed
and that he will speak to the Town Solicitor and the Mayor. He went on to say th at as far
as having Covenants signed on the lots he does not own that no attorney would let them
·sign the document. Ms. Dachos stated that it has been the policy of the Board that ifall
lots are not constructed then they be placed under Covenant. Mr. Morassi stated that he
feels the Engineering Department is being consistent. Mr. Paleologopoulos stated that he
di sagrees and supports a bond release as the base coat has been down 1.5 years. Ms.
Dachos stated that the Performance Agreement will now be changed to include th e
requirement of a wintering of the top coat. Mr. Fazio brought up the issue of the street
light that he is being required to install and that was not shown on the approved plan. Mr.
Morassi stated that the DPW has purview over that. Ms. Dachos stated that the street
light requirement has been included on Wisteria Lane punch lists since May 2008. Mr.
Ward expressed con cern over the bond being released then the street bei ng used for
~ctive construction with construction vehides and potential damage. Hi s concern is that
it would then be the Tow n's responsibility.
Motion was made by Mr. Morass i and seconded by Mr. Paleologopoulos to deny the
request for bond release on Wi steria Lane based upon the 12-17-08 Engineering
DepaJ1ment memo .
VOTE 2-1 (Pal eo logopoul os opposed)
6. BOND SETTING -Tin y Bull Estates -School Street
The Engineering Department submitted a memo recommending that 5752,300 be posted
to cover the co mpleti on of the work at Tin y Bull Estates. Th e developers were in
attendance and stated that they were not in agreement with the bond amount and will be
meeting with the Engineering Department to discu ss it. [n p;lJ~icular, th ey are not in
agreement wi th holding the full amount to co ver the binder course that was placed. iVls.
Dachos sugges ted that they wait through the winter to post the bond.or they could phase
the project. The members agJ'eed to table the item to the next meeting.
Motion was made by Mr. Morassi and seconded by Mr. Paleo logopoulos to tabl e th e
bond setting for Tiny Bull Estates to the next meeti ng.
VOTE 3-0
7. BOND REDUCTIO N -High Meadow IV -Calabrese
,)
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• Agawam Planning Board
January 15, 2009
Page 5
•
The Engineering Department submitted a memo stating that 5320,500 should be held to
cover completion of the High Meadow IV subdivision. The Town is cUlTently holding
$697,000. Mr. Morass i stated that efforts to control the water and erosion have been
made and he has no problem with reducing the bond at this time.
Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to reduce the
bond being held on High Mcadow IV to $320,500 as recommended by the Engineering
Depattment.
VOTE 3-0
Chuck Calabrese was in attendance and asked the Board if he could di scuss an issue he is
having with the apaltments on Meadow Street. He explained that he cannot install the
gate on the fence around the dumpster at this time with the amount of snow we've had .
He is seeking a certificate of occupancy and has asked if the Board would waive this
requirement. Upon discussion, the memb ers agreed to waive the gate for the dumpster
enclosure at this time and revisit 'the issue in the Spring.
8. PUBLIC HEARING CONT. -Dcf. Plan -Fatmington Heights -Hillside
Dev. Corp.'
The applicant's representative requested that this hearing be continued to the next
meeting as well as a 60 day extension for the time for consideration of this Plan.
Motion was mude by Mr. Morassi and Mr. Paleologopoulos to continuc the public
hearing tor Fannington Heights to the next meeting and to approve a 60 day extension for
the time perio d tor consideration of the Definitive Plan, as requested.
VOTE 3-0
Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to amend the
agenda to include the "add-on's" and Meadow Street apat1ments (Calabrese).
VOTE 3-0
9. LETTER OF CREDIT, PERF. AGREEMENT. RELEASE OF COVENANT
-NOIihfield Estates -DePalma
1vIr. DePalma has posted a Letter ofCreclit for Northtielcl Estates and has executed a new
Pef0l111anCe Agreement.
Motion was macle by Mr. Paleologopoulos ancl seconded by 1vIr. rVlorassi to approve the
Letter of Credit, Release of Covenant ancl new Performance Agreement tor Nonhfielcl
Estates .
VOTE 3-0
(~ ,.~
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• Agawam Planning Board
January 15 , 2009
Page 6
10. DISCUSSION -Harvard Avenue -Grimaldi
.'
Ms , Dachos explained that the Town Solici tor is re viewing this tiling that came in as a
Definitive Plan. She suggested that the Board place the item on the next agenda for
discussion and have the applicant and hi s engineer present. .
Meadow Street Apartments -Calabrese
Th e members were in agreement to send a letter to Mr. Calabrese with a copy to the
building inspector stating that they have agreed to waive the requirement lor a gate lor
the dumpster and will re-visit the issue in th e spring.
The meeting adjourned at 8:40 PM.
• •
Town of Agawam
. 36 Main Street Agawam, Massachusetts 01001-1837 . .
. .
. Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Building Inspector
Safety Officer
Fire Department
Health Department
Conservation Commission
Engineering DepartmentiDPW
Board of Appeals
School Committee
Assessors
FROM: . Planning Board -yV
DATE: May 7, 2009
SUBJECT: Zone Change -Mark Drive -Langone, Pelley, and Olbrych
The Planning Board has been requested by the Town Council to make a recommendation on a
.. proposed zone change (attached) submitted by Attorney Gary Liquori on behalf of Langone,
Pelley and Olbrych for property on Mark Drive. The property is currently zoned Agrciltural,'
Residence A2 and Business A. The request is to rezone it Residence' 8.
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.
~y" tJcd2 ~ .. ???K
.Travis Ward, Chairman
AGA W AM PLANNING BOARD
..
• •
INTEROFFICE MEMORANDUM
TO: PLANNING DEPARTMENT
FROM: BARBARA BARD, CITY COUNCIL OFFICE
SUBJECT: ZONE CHANGE FOR MARK DRIVE, AGAWAM, MA.
DATE: 5/6/2009
Attached please find sixteen (16) copies of a zone change request
received in this office. The zone change is for the property located on
Mark Drive, Agawam, MA. as petitioned by Gary B. Liquori, Esquire
representing Langone Realty Corp and Norman Pelley along with
current owners of two lots, Jay A. Pelley and Evelyn M. Pelley and
Frank Olbrych, Jr. and Carol A. Olbrych. The City Council will be
holding their public hearing on June 1, 2009.
If you have any questions or concerns, please do not hesitate to
contact me. Thank you.
RECElVED
MAY n Ii 2009
P~ ~~d 'r,' :'<)AHO ., ~ 'l.' ;. I . ~( .-~
•
THE TOWN COUNCIL
AGAWAM, MASSACHUSETTS
DATE: April 28, 2009
THE UNDERSIGNED RESPECTFULLY PETITIONS
•
1. That the area delineated as the shaded area on the enclosed Proposed Zone
Change Plan for Mark Drive, Agawam, Massachusetts by Thomas Wilson &
Associates dated December 2,2008 and revised for February 19, 2009 be
changed from Residence A-2, Business A and Agricultural to Residence B.
2. The parcels are currently owned by Norman Pelley, Langone Realty Corp., Jay
A. Pelley and Evelyn M. Pelley and Frank Olbrych, Jr. and Carol A. Olbrych. The
land is located off the south side of South Street in Agawam, Massachusetts.
The zone change will make the complete 12 lot cul-de-sac subdivision all
Residence B zone.
3. The legal description for the property subject to the zone changes is as follows:
Beginning at a point in the southerly line of South Street, at the north east corner
of lot number 1 as shown on a plan of lots recorded in The Hampden County
Registry of Deeds, plan Book 271 , Page 91, said point also being the north west
• •
corner of a parcel described in a deed recorded in The Hampden County
Registry of Deeds Book 16234, Page 4,
thence running N 80" 06' 05" W, along South Street, for a distance of 141 .66' to
a point at the north west corner of lot 12 as shown on the above referenced plan
thence running S 17" 24' 40" W for a distance of 110.00'
thence running N 75" 47' 48" W for a distance of 165.93'
thence running S 17" 24' 40" W for a distance of 175.00'
thence running N 75" 04' 05" W for a distance of 2.50'
thence running S 26" 46' 30" W for a distance of 200.00'
thence running S 75" 04' 10" E for a distance of 7.50'
thence running S 25" 19' 03" W for a distance of 360.17'
thence running S 45" 00' 00" E for a distance of 527.61'
thence running N 28" 24' 56" E for a distance of 254.74
thence running N 17" 25' 29" E for a distance of 213.38'
thence running N 05" 54' 32" E for a distance of 428.69'
thence running N 05" 35' 00" E for a ~istance of 232.44' to the point of beginning
in the south line of South Street.
The above-described perimeter encompasses areas of Residence A-2 Zone,
Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential
B Zone.
4. The petitioners plan to use the land subject to the zone change for the
construction of duplex homes. The zone change will allow the petitioners to
place the duplexes further back from the street in terms of setback an/or may
allow the petitioners to stagger the homes in terms of setback in order to make
the area more attractive.
• •
FOR THE ZONE CHANGE PETITIONERS,
LANGONE REALTY CORP., NORMAN
PELLEY, JAY A. PELLEY AND EVELYN M.
PELLEY, AND FRANK OLBRYCH, JR. AND
CAROL A. OLBRYCH
iquori, s ., BBO# 301655
Michael J. Powers, Esq, BBO# 405040
POWERS & lIQUORI
Attorneys at Law
84 Park Street
West Springfield, MA 01089
Telephone: (413) 739-1200
Facsimile: (413) 739·1232
• POWERS & LIQUORI
ATTORNEYS AT LAW
84 PARK STREET
•
W EST SPRINGFIELD, MASSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
FACSIMILE, (413) 739 -1232
MICHAEL J. POWERS, ESQ.
mpowers@powersliquori.com
HAND DELIVERED
Dominic Urbinati, Building Inspector
Town of Agawam Town Hall
1000 Suffield Street
Agawam, MA 01001
Re: Zone Change for Mark Drive
Dear Mr. Urbinati:
April 28, 2009
GARY B. LIQUORI, ESQ.
gliquori@ powersliquori.com
Pursuant to the most recent Agawam Development Handbook, enclosed please
find a Zone Change Petition from the initial developers of Mark Drive, Langone Realty
Corp. and Norman Pelley along with current owners of two lots, Jay A. Pelley and
Evelyn M. Pelley [Lot 3A] and Frank Olbrych, Jr. and Carol A. Olbrych [Lot 4A].
Included within the Zone Change Petition is a General Location of the land and a legal
description of the property for which the zone change is requested. I will also enclose a
separate legal description.
Additionally, enclosed please find 38 copies of the land as drawn for the
proposed zone change by Thomas Wilson & Associates. Last, please find my check in
the amount of $500.00 payable to the Town of Agawam as the fee for the Petition.
Please notify me of the date, time and place of any hearings on the Zone
Change Petition.
GBL:kag
Enclosures
Sincerely,
'-J,.</l ,.,.,.. jJA~"'M1t ~:~~0
R~CE'\lEO
MAY 0 6 2009
.. J
•
THE TOWN COUNCIL
AGAWAM, MASSACHUSETIS
DATE: April 28. 2009
THE UNDERSIGNED RESPECTFULLY PETITIONS
•
1. That the area delineated as the shaded area on the enclosed Proposed Zone
Change Plan for Mark Drive, Agawam, Massachusetts by Thomas Wilson &
Associates dated December 2,2008 and revised for February 19, 2009 be
changed from Residence A-2, Business A and Agricultural to Residence B.
2. The parcels are currently owned by Norman Pelley, Langone Realty Corp., Jay
A. Pelley and Evelyn M. Pelley and Frank Olbrych, Jr. and Carol A. Olbrych. The
land is located off the south side of South Street in Agawam, Massachusetts.
The zone change will make the complete 12 lot cul-de-sac subdivision all
Residence B zone.
3. The legal description for the property subject to the zone changes is as follows:
Beginning at a point in the southerly line of South Street, at the north east corner
of lot number 1 as shown on a plan of lots recorded in The Hampden County
Registry of Deeds, plan Book 271, Page 91, said point also being the north west
• •
corner of a parcel described in a deed recorded in The Hampden County
Registry of Deeds Book 16234, Page 4,
thence running N 80° 06' OS" W, along South Street, for a distance of 141 .66' to
a point at the north west corner of lot 12 as shown on the above referenced plan
thence running S 17° 24' 40" W for a distance of 110.00'
thence running N 7So 47' 48" W for a distance of 16S.93'
thence running S 17° 24' 40" W for a distance of 17S.00'
thence running N 7So 04' OS" W for a distance of 2.50'
thence running S 26° 46' 30" W for a distance of 200.00'
thence running S 75° 04' 10" E for a distance of 7.50'
thence running S 2S o 19' 03" W for a distance of 360.17'
thence running S 45° 00' 00" E for a distance of 527 .61'
thence running N 28° 24' 56" E for a distance of 2S4.74
thence running N 17° 25' 29" E for a distance of 213.38'
thence running N Oso 54' 32" E for a distance of 428.69'
thence running N 05° 35' 00" E for a distance of 232.44' to the point of beginning
in the south line of South Street.
The above-described perimeter encompasses areas of Residence A-2 Zone,
Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential
B Zone.
4. The petitioners plan to use the land subject to the zone change for the
construction of duplex homes. The zone change will allow the petitioners to
place the duplexes further back from the street in terms of setback an/or may
allow the petitioners to stagger the homes in terms of setback in order to make
the area more attractive.
• •
FOR THE ZONE CHANGE PETITIONERS,
LANGONE REALTY CORP., NORMAN
PELLEY, JAY A. PELLEY AND EVELYN M.
PELLEY, AND FRANK OLBRYCH, JR. AND
CAROL A. OLBRYCH
iquori, s ., BBO# 301655
Michael J. Powers, Esq, 880# 405040
POWERS & LIQUORI
Attorneys at Law
84 Park Street
West Springfield, MA 01089
Telephone: (413) 739-1200
Facsimile: (413) 739-1232
THOMAS WILSON & AS~CIATES
professional land surveyors • • 99 East Circle Drive • East Longmeadow • Massachusetts • 01028 • (413)-525-1387 • FAX(413)-525-7181
Proposed limits of zone change, Mark Drive, Agawam, MA
Beginning at a point in the southerly line of South Street, at the north east comer of lot number 1 as
shown on a plan of lots recorded in The Hampden County Registry of Deeds, plan book 271 page
91, said point also being the north west corner of a parcel described in a deed recorded in The
Hampden County Registry of Deeds deed book 16234 page 4,
thence running N 80°06'05" W, along South Street, for a distance of 141 .66' to a point at the north
west comer of lot 12 as shown on the above referenced plan
thence running S 17°24'40· W for a distance of 110.00'
thence running N 75°47'48" W for a distance of 165.93'
thence running S 17°24'40" W for a distance of 175.00'
thence running N 75°04'05" W for a distance of 2.50'
thence running S 26°46'30" W for a distance of 200 .00'
thence running S 75°04'10· E for a distance of 7.50'
thence running S 25°19' 03" W for a distance of 360.17'
thence running S 45°00'00" E for a distance of 527.61'
thence running N 28°24'56" E for a distance of 254.74' , .'
thence running N 17°25'59" E for a distance of 213.38'
thence running N 05°54'32" E for a distance of 428.69'
thence running N 05°35'00" E for a distance of 232.44' to the point of beginning in the south line of
South Street
The above-described perimeter encompasses areas of Residence A-2 Zone, Agriculture Zone,
Business A Zone and is proposed to be rezoned to Residential B Zone.
• • • • ,
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SHADED AREA TO BE REZONED-TO RESIDENCE"B" EDWARD MARKOWSKI, JR. t:::.k s ....... :::::::::: :\':::::: :::::::::: ;::: ':::::':: '::::::::: y. B~:8~.~ '" 5'19tl3' ~ .. : : ':: : :'::' ~: ~: ~ :.: :. : ::. ~::::.;:.: ~::':: :.. ~ :.: ~ : ..
(175.00') UMITS OF REZONING REQUEST
PERIMETER INFORMATION SHOWN
TAKEN FROM PLAN IN H.C.R.D.
PLAN BK.271 PG.91, BK.334 PG.l09
LOCATION OF EXISTING ZONE UNES
HAVE BEEN SCALED FROM TOWN
OF AGAWAM ZONING MAP AND
THE ABOVE REFERENCED PLAN
"'OF~ (JI10.7 "'::1&,":::::::'.::':::::: '::'
-LOTS SHOWN LAND OF -f! ?oj .p?: : : :. ';:: ~ < ./ '.; : >
NORMAN PELLEY & THOMAS . . . '. : . :. ~
LANGONE REAlTY CORP. 8. 'a ,'" /
SEE H.C.R.D. J8~8 ~
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DECEMBER2,2008
REVISED -JANUARY 18, 2009
REVISED -FEBRUARY 19, 2009
0' 80' 160' 240'
~~~-~
1 "=80' 1:960
Proposed Zone Change
Marl< Drive, Agawam, MA
For: Langone Realty Corp.
108 Front Street, West Springfield, MA
Nonnan Pelley
412 Northwest st., Agawam, MA
Thomas Wilson & Associates
professional land surveyors
99 East Circle Dr., E.Longmeadow, MA 01028
• POWERS & LIQUORI
ATTORNEYS AT LAw
84 PARK STREET
WEST SPRINGFIELD, MASSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
MICHAEL}. POWERS, ESQ.
mpowers@ powcrsliquori,com
HAND DELIVERED
Agawam Town Council
Agawam Town Hall
36 Main Street
Agawam, MA 01001
Re: Zone Change for a
portion of Mark Drive
FACSIMILE, (413) 739-1232
February 6, 2009
Dear Members of the Agawam Town Council:
GARY B . LIQUORI, ESQ.
gl~quori@power81iquori.com.
I hereby withdraw the December 18, 2008 petition of Langone Realty Corp. and
Norman Pelley for a zone change concerning the Mark Drive, Agawam, Massachusetts
property.
Thank you for your time on this matter.
If you have any questions, please feel free to call me.
GBL:lsh
cc: Agawam Planning Board
REr~"~DI
FEB" 9 2009
Pl)c\i,\~j ~ H • --', jUAhU
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SHADED AREA TO BE REZONED _ TO RESIDENCE "B. EDWARDMARKOWSKl,JR. t::.k MAY n 6 2009
sa:H.C.R.D. II) ')AR
(175.00') LIMITS OF REZONING REQUEST
PERIMETER INFORMATION SHOWN
TAKEN FROM PLAN IN H.C.R.D.
PLAN BK.271 PG.91 , BK.334 PG.l09
LOCATION OF EXISTING ZONE LINES
~~~FROMTOWN
1 L S :21 d ~t!i\QJlJA'f.\I'alNING MAP AND
THE ABOVE REFERENCED PLAN
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BK.9746PG.340 .~ pi ~i\lt ;~ ,
-LOTS SHOWN LAND OF _ ,,~~ Proposed Zone'cl,~~g"a
NORMAN PELLEY & THOMAS '\ ~ MarK Drive Agawam MA
LANGONE REALTY CORP. .. •• I!:_.. ;;l , , For: Langone Realty Corp.
DECEMBER 2. 2008
REVISED -JANUARY 16, 2009
REVISED -FEBRUARY 19. 2D09
0' 80' 160' 240'
~""~Iiiiiiiiiiiiiii_
1"=80' 1:960
108 Front Street, West Springfield, MA
Nonnan Pelley
412 Northwest SI., Agawam, MA
Thomas Wilson & Associates
professional land surveyors
99 East Circle Dr., E.Longm .. adow, MA 0102B