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8608_ZONECHANGE - MARKDRIVE - LANGONE, PELLY, OLBRYCH.pdfI I j I , #8608 -ZONE CHANGE -M~rk Lungone, Pelley, Olbrych • , ' , .-- t>.(,,' . ~ ••. '<;: -,-.." Drive.,..~ "., "--~! / -~ ----.. --,...,.:- , '. -, --,-~ . .... -:.,.:.~T'."~'·'..,.l ... -: '. ~ .,.,,' ZC-2009-!i TO-2009~~O 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: <=> t.O ::J:: 0» -< 'N a'> . \ ,.,. ~. :::: ... -' .,. N E;:r l"~ ::C,c-. :r>r- 3:'2' ~ r," 3:::>- >c (f)' (f)~ ("" 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,' ~., . . ~ L,v~;,~ Travis'Ward, Chairman AGAWAM PLANNING BOARD cc: Town Clerk, Town SoliCitor, File ,~ . . • 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 I a /I/J / Jrn () j 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 } 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 '. ' • • 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, '. J . DJ.-LQ) /.A L-I--<-<I ';:>.<.1::> Travis Ward, Chainilan AGA W AM PLANNING BOARD TW/DSD:prk .. 'eels SIX FLAGS NEW ENGLAND iNC PO 60:< 543185 DALL • .s . TX 7535·;··3 iSS PJrcellD: K3 L 1 PELLEY NORI1AN A 412 1'10 WEST ST FEEDING HILLS. MA 010JO-I014 ??rcei TO: K3 1 16 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 PROJT ~;ATA E 60 SOliTH 5T AGAWJl.f'.1 . r·1A r'100l-362~ P;:rr:el le·: K3 2 S ROBII'ISON VJJLLlt.I·' D 32 SOl!n~ 5T r-(;/~'.;'J/I,r·l . !-~.!. OlO:)! ~3~24 .-> COi'·jf'jt)R TH,lQ7hY H >'8~ f·1.A,Ir~ 5T ::";.;;'.',;"'11-.:", i·;.t.. ()~'·.'CI: . "," 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 I 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::; Puce! If): KJ 1 b [)lD!)t\ PAUL L/1 i!3 SQUfH 5T AG::'WAf'·' , MA 01 001-3624 p,srce! 10: 1'.3 2 to 1'l el'IANEE GARY L .;. 51j SOUTH 51 AGe.WAI·I • 1·1;" 0 1001 -3624 Ptl ITE:1 lu: K3 2 6 D!cU:< GRt-.I G S 2'+ SOIJTI-! 5T Po.G.::" W ".f"! : MA r::: 001· 362."; . p~r,.: . .:1 :C': 'K3 2~; :·!/·~.:·.J)\r'·:Si<l ECl\:·.'t..RO Si\ 7-iIi ~/~GeS r.c' r!!:~T·:;.UFr-j ELC~ , (~T·!JE.C:93 I~:""::: :C ' \1.3 1 ?~: Robert A, Gottsche 78 South Street Ag",w",lll, MA OlGOl PELLEY NORI1AN A 412 ~IO WEST ST Page I of I 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 ~ ~) !V!HE;'JI-:D NIV,OLA.Y 72 SOUTH ?T ".GAWAI-I , r~A i)10!)!-3624 Pal"co:-l 10: KJ 2 4 r'lOp.RISON ELEJJI R ··12 SOUTH ST "'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 Print • • J .. '1 • • • • • • • w .. ~. :- • .-I, • • ""::::::=:::;::;:::::::::==::=:,. ..' • ••• ~ SQUTl-t ST~~:::::::::::::':;;~:::;:;=;:==::;:::::=:;r~'=;; • . • •• ~ "0 "~. ." ,:.. .... 15 ..... I • • J • .. .. , • I • Pa rcel 10: K3 115 Owner: PELLEY NORMAN A Parcel Address: LOT 10 MARK DR • • ~ .. I. o Interactive Map • • Date: 5/14/09 393 Scale: 1" =393' Page 1 of 1 • .. • • 786 Feet http://hoting.tighebond,com/agawam/print.apx?maptype=5&image=http%3a%2f1'102 fproJ ... 5/14/2009 Print • Parcel to: 1(3 115 Owner: PELLEY NORMAN A Parcel Address: LOT 10 MARK DR Aerial Photo • o Date: 5/14/09 393 Page I of I 786 Feet http://hosting.tighebond . comlaga wamlprint. aspx?maptype=2&i mage=http%3 a %2f0102 fpro j... 5/14/2009 • • ZONING MAP Print • • .. , • • Parcel JO: K3 1 15 Owner: PELLEY NORMAN A Parcel Address: LOT 10 MARK OR AG • Page 1 of 1 • .-..; -. • Date: 5/14/09 o 393 186 Feet Zoning Map http://hosting. tighebond. com/agawam/print .aspx?maptype= 3 &image=http%3 a%2 f%2 fpro j ... 5/14/2009 • • Valley Vision 2 The New Regional Land Use Plan for the Pioneer Valley Prepared by the Pioneer Valley Planning Commission September 2007 . \ " Re· dev,:lop .• ble Land - 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 o 0,5 .... 2 3 • • • § 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(' " • § 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 ',. ,", " ~ · ,. • ;,', · , : ; ., · , , · ! ' .. , , .~ , • • § 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. .' • • § 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 I i ! 'I II II I I i i I I I I ! 1 I ,f II ! I , , , ;1 . , II • • § 180-43 AGAWAM CODE § 180-44 D. F. , 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 • § 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 -~ ~ Cj ) ~ " :~.~:-!b-,." ;; ;g ~ :t; N a 3: Q:) ;;e: • _ U) --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, -fJ1: L P 0\ i( It tn·"l .. I j ,I '''I \ <?ary:B . Liquq0! \., .' f ..:. • ~".'.' •. } .. ' , .. ," '" :.".,. ... :,,,,. , . ""J ~\ r) L()()9 ~'r ' .. ') . . ". t-~. J ! . ~ ~ '" "~~'7 ,.:'/' - " • ...:.'!: ~ = r:."; =, -0 ~ :.'='-r1 -0 (") = -l .:.': rv 0 THE TOWN COUNCIL :'D" co Z _ ...... <Jl AGAWAM, MASSACHUSETTS .. .t: U (Tl ;n :~,# t:-? < {n (") C> (Tl 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' ; C) )::.. -::;: , .-> :I. :c :r .. .. ,,, ~ V) = = -u ~ f'T1 ".. (') '" :0 -l N <:) CXl :z: (J) U rr1 :::::l ":' < (J1 (') <:) I"l (f) 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 ',--d;f--+l-'*f-',---------- 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 ;')0 :7) .~ ~> ""-~P ::r . ::;: >- ~ = = ~ ,... "'0 ::0 r..;> 00 D ~-:> (Jl .0 :1: tn ""0 TTl " -1 C) Z Ul rrl :;:0 < n ["71 UJ ~~~7j1UIVIA\::i VVIL\::iUN & A:::ieC1A1 ES , ~>professionalland 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 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 ~ l.r: = = " -.C> P'1 .•.. Cl :0-n -0 -i ::: ... ::::> 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' U1 ("") 0 ,'I', '-" 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 .') ) • 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 o ,0 .. q .... -i : ;::i 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 . -(,-, _ . ... ~ .' , .~ .• , '.J .J • 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 J • 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 ,) ':>, J • 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 (~ ,.~ l) J • 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. • • • • , i ll< SIX FlAGS NEW ENGW«! SEEH.C.RO. ["POI""" OF] BEGINING" (I------------Sme L~~~----------I ! SEE H.C.RD. BK.I6234 PG.D4 1 ~ t-N 05'35'00' E (232.44') -, J.-N 05'54'32" E (428.69') -, 1,- lAND ODURT CERT. 28896 SIX FlAGS NEW ENGlAND SEEH.C.RD. lAND ODURT CERT. 18001 !'\.N. Z71/1191 .... Q) ~ .... (J) :5 :J o (J) ~ .~: : : : ~ : < : : ::-'82:~2'. : : : ") : : :. : : :IS' . ~ : j:49.9i : ;:<63.22':. : t:(: : ·9.7:'¥>.' : : : : : :: ::::::: 109 .. 25': : : :. :: :::::::.1 ".6.0~' ': : : : '. : :: :: :51.-113' : : : : : : : N 17" , ~ 8 ,,!::::.::::NDRMANPEllE¥ .• ::·.:·.:::1!; :.:!~~=~~~i ::::::::.::::'.: .. :<tI ':::'.':::::::::':'.: ~:::.:::::::::::.:::: 8 ::.:::::::::.:'07.14'.:. 2559"E(213 ~ ~. ~ >~i':: :.RI~~~~~e:.:::.:::/U ·:. :Mr"l.:: SEEH.C.RO;::: :~EVElYN&'JAYp~~: ·~~Kii:i.i!oL·a.ii~y'cH: :~. LANOONE·REtiL:r':c6A{.:.:~ : i.i.NOON~·~'rY·~.:::::.: :"':"::::"1 :38') " ~ "'::::::.::::':: :BK.1412PG:se,::::.::.:·. ·S ·:·: '::;li~:: BK.747~PG.*:: ~IU. ",: SE~H,C.R,D,:::',~·:::·, :SEEH,C.R.D:,:::: ~::::: SEE~.C.RD.:·,::::' ~: '::::, ~EEH,9.RD,: ':: ',:', :~: . .' ",:,::::':',:: ,oa..~4'::'", .. ,--2 <~,::::::::::::PlAN 6K.Z71 PG$l < : : : ::.ij .:: '< 'lI! : ·~I58I~PG. 4¥:' : ,8I<.BnO PG.293: : :!:! : ':: BK.I6554 PG" ~~ : :: ~: :.'BK.I6014 PG·l1t : : :: ~':::: 81<.16014 PG, III, : :'. ,~ .. ~,:::', ',: :: : : :: :':: :: ',:, :: : ' : ;Z ~.~ :.::::::::::: :,: .: . : : : : < : >k . : : '~J~r : PlAN 271 PG.~,: _.: B~I5816~ 4Q4::::m ::::::::::::::::::: "'::: .8I<.1~18PG,. ~ : : :: I§:::: .81<.1.58,8 PG. 404-. :: 'c~ ~ ':lot7B::' : lANllDNE /lfA!.1Y.ODt«>,::: : . '" i ~~.:,:::::::: :'.':', .47.00:',:::::.:: '" :::: .,i~.: :~;l34PG·.I.(I$.· ~'::: ':::::'.::::-::, :'~::::: ::: :'::::::: '::: >i!l.::::: :,>;: ::::::: ::.:p:::::::: >",::;: ::, ~ '::::',: :'::::::: ~~~~~'1i :::::::::: :<'8'<'4~" .b~:::'::·::·::::: >.:: ~.12':4.7'24'W:·:·. '.:' .. 1.: '18.63:: t!"?A"< CI).:':: .. : l?13i\'.:::::~·::: :.':'. :ld4~:::. ';:':: ~::::'.:.: :l.O!5S:. '.'::::: ~::::: :i.o16!!:':: :" +. ' .. c" ~"11t!:::::. "<BK.I5818PG:4Q.I"<:·."<:: : ':::: :~ .. I: (<'Sf SEEH.C.RD. BK.76.56 PG.553 EDWARD MARKOWSKI SR., S 17'24'40" ". 70.58': . :: . : .. '. ':':'::::'::-':'::" ":':":':'.';':'::' ':.,',":':':":: ~ ~::: 1\:-:: :: .:: . :-: :.; .: .. ~: . :: .:: .; .' PlAN 271 PG. 091 ': .: :-) /)1 ~~ E~~~JR. (17~.00~ W ~ ;;~:i/:': <~\::: ~~\\\\\\:)\ \. \.: \: .. y\\ \~)X/\:~\ \\\ :.:·/~Y X~\ \::\:~:\: :\/:.\ :) \.~)y:\\\~:.~:'::\:::\~.>,\\<:\\\\<\{:~:\~:~\\\ ~.\\?g; ___ BK. 9748 PG.340 ; I~ I . ;;~~:: ::.:y:.: .... ::: .:':: :.\:) /;\ ~ ~.:: :Y.· ~ ::::::) V U ::: :y::. \~ ~~)\:: :.:': :.~ ~';:::: ~::.': ::':,':.\: :.\':.:~: ~ ::'.:,\ ::'~':: \':::~ ~ :::~. :.:',:::, \:~-P;~l ED~~~~~., ---------________ i ~ , ~·(~~r ~:~~:.:.<>./ />~y?<:\:~~:. \.:«:>/>:\:.<\:.:.:.~/:?y: 'r EDW~~~,JR ----____ ;_ J .~ ' .. :".: 70 ~ .. ':-.;:::.;:::.::'.;.;::: :''a ' :';::'::::';:::';:::-.::'.; ::::-::::.;:~, ~ %: . c, BK. 9748 PG.340 i -------EOW~~~SR. --if . 2':>:' ·::-(~:::~~~~\\\\\\\.\Y\:.\r,:-:YY~\\\\\>\\\\\·{/:.::>:~)\\)\/;i'~' ............ 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 ~ BK.I6014PG.lll ~\~. ~ BK.I5818PG.404 ~ .... '<Q/~/~ BK.7472 PG. 581 i':so'I>" .• ..--fIF PLAN271PG.09I~ ~"""" PlAN 334 PG.l09 ~ '-J~-~~- 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 I SIX FlAGS NEW ENGlAND SEE H.C.R.D. ["POINT OF] BEGINING" I Ij~ r-------...... ---------------------------'< I STEVE L DION IE , sa: H.C.R.O. BK.I6234 PG.D4 I ~ LAND COURT CERT. 28896 SIX FlAGS NEW ENGLAND SEE H.C.R.D. LAND COURT CERT. 18001 pUI.2111391 .... Q) l!! .... (J) £ ::J o (J) I ~-N 05"35'00' E (232.44') -,1~ N 05"54'32" E (428.69') -, 1,- ~ ~·V \~ \.\ )'i~~1~:' \.:' ~.y ~'.) r~=:=~. : ff.~:':' \'rr\\\ \ \~ .~ \ \\\~.:. ~:\~) \:.:. \:~ \ \ ):{?:~\:.~ \ \ \\ \. \ .kt\~~':.~ \ :y:\:: ~O~ .. 14:":~: 17~2S'S9"E (213.38' ~ 2.~:: 'Loil::-". SEEHCR.D:-e:::::-'.'" : :~r~ . .: SEEH.C.R.D>·': : EVELYN & JAY PELlfY l;: FRANK & cARoL OlBRYCH: .!':. LANGONEREAl.TYcO,RP.:·.·!,: : LANGONeREAl.TY~ . .::::.: . .:::-.::···) " 8 <11:::::::".:-.':: BK.7472·pO sB:!: :: ::'.: >~ .. :''''1 iJ'<:: BK.74n PG. sat:: IIi'.: SE~ H.C.R,D.: : .:!il :::'.' sa: H.C.R.D: ' .. :: ~:::::. SEE ~.C.R.D.: : : : '. :-.~::: '. :: SEe H.C.R.D.:: : :: :: . : :' ",:.::.::::: .1.oe..24' : : '. '. ..-- b (. ::::::::::: :MBK.27I·PG·~i :::·.···· .. .e : :~! '. ·BK.15818PG.4M:·~: : BK.8770 PG. 29:1'.: :!'i '.:: 1iK.I6554PG.DIi~:.:: ~'.:: ·BK.I6014PG.11~:::: ~'. >. ·.'aK.16014·PG.l11:: >",~ .. ,$ ....... :: .. ::::::::::: .. :::::: . .,~, .... .::::::::::::-> :: .::'::::::::~. : >~J~:: PlAN27i PG.oH ·. :;:!.: BK,I58161"G.~: · .. m ::::::: > . .;: >.;::''; ~ >. BK.l~18PG·.~:"< ~ .. ::: .BK.15816PG.4~1i::: ... -'~ .':loi7B"<: ~~ONEIlEALTY.CO~.:.:: >~ BK.7658 PG.553 -------I \ ~~ ... : : 1q4.44i \ : ~ J:.':: "\ ': \: \': ': \: YSKISR., S 17"24'~~" . .:: ?O.56,:. DWSKJ, (17S OOJ w ~ . IISKI, JR. ,. ~ J O. 1 ~-r----------------_~______ ! !~ I ~<'8·~;;~:;2~{>1~,~· ::/\\: \)\ \.::~:::.\;}/(\\:~ . \·,J?:·\\X \\U.\\ ~\«(:)U>(),#-7 EDW~~~,JR. -----~-I -00, ........ ?01'~'::' :::.: :>,,::::.:::: : ::oa:t:·:: ::: >. :::-'. :::.;:.:.: ::. >.::.:.:~.:::.: '" . EBK.~~VED ............ . ---~ . <'.' .' ...........•....... '. .\ ....•.•... ' .: -.' .' .. ' ........... ' ... ' .. ' .' '" A I -----, --.r'" ..... : .... : .......... "~' ........ : ... '.' .'.: .. ' .:. '.' .... : ....... 11>" 'EO~~~R., $': :::::.:~~~~;\\::.::~))!l::r::.~\::.\\n\:.{/.(y/·<)(:)y.> #' . .I 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 ,'" 1'1 '1-1 '1,bW·'j)/ v V"" •• ,~ ••. 'l-I~r\"~n~·) 11UdO ')o\~.~':f,) ",. 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