8628_FORM A - 1014 NORTH ST. EXT..pdf~~Ocy; ~
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POWERS & LIQUORI
ATTORNEYS AT LAw
84 PARK STREET
WEST SPRINGFIELD, MASSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
MICHAEl J. POWERS, ESQ.
rnpowers@powersliquor1.colll
VIA FACSIMILE (413) 786-9927
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
FACSIMILE, (413) 739-1232
June 3, 2010
Re: Approval Not Required for Property of
VIP Homes & Associates, LLC off
North Street Extension. Feeding Hills. MA
Dear Planning Board Members:
GARY B. LIQUORI, ESQ.
gliquori@powersliquori.colTl
Please take off the Approval Not Required Plan for the meeting tonight. I will be
resubmitting the plan in the near future. Also, be advised that my client has made
arrangements to purchase the remaining land of Gloria Montanez on the corner of
Churchill Avenue and Alexander Avenue. Hopefully, this purchase will make the plan
more appealing to the Planning Board.
Thank you for your time on this matter.
GBL:kag
05/03/2010 15:29
POWERS & LIQUORI
ATTORNEYS AT LAW
B4 PARK StREET
WEST SPRINGfiELD, MASSACHUSEITS 01089-3336
TEUlPHONIl, (413) 739-1200
lI1ICIiAIJI. J. POWJ;RI>, ESQ.
mpo ....... l'I'I@powcr .. I''fUoTi.(J()TIl
VIA FACQIMILE (413) 786-9927
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
J'ACSlMIUl, (413) 139-123~
June 3,2010
Re: Approval Not Required for Property of
VIP Homes & Associates, LLC off
Nqrtb Street Extension, Feeding Hills, MA
Dear Planriing Board Members:
PAGE 01/01
GARY B. LIQUORI, ESQ.
R'JiqU{)~@po""C!"W:"liquori.com
Please take off the Approval Not Required Plan for the meeting tonight I will be
resubmitting the plan in the near future. Also, be advised that my client has made
arrangements to purchase the remaining land of Gloria Montanez on the corner of
Churchill Avenue and Alexander Avenue. Hopefully, this purchase will make the plan
more appe~ling to the Planning Board.
Thank you for your time on this matter.
GBL:kag
• POWERS & LIQUORI
ATTORNEYS AT LAw
84 PARK STREET
•
WEST SPRINGFIELD, MASSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
MICHAEL J. POWERS, ESQ.
tnpowers@powersliquori.coIll
HAND DELIVERED
Agawam Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
FACSIMILE, (413) 739-1232
May 20,2010
Re: Approval Not Required for Property of
VIP Homes & Associates, LLC off
North Street Extension, Feeding Hills, MA
Dear Planning Board Members:
GARY B. LIQUORI, ESQ.
gliquori@powersliquori.com
I hereby request that the above Approval Not Required hearing be continued to
June 3, 2010 at 7:00 p.m. In the interim, I am formally notifying Gloria Montanez of my
client's request. I will ask that she verifies her position on my client's request.
If you have any questions, please feel free to call me.
GBL:kag
cc: Gloria Montanez
4881 Jorgensen Road
Fort Pierce, FL 34981
Sincerely, \ ~ · 4lnt M;1
.~u6rU
•
Town of Agawam Law Department
Memorandum
To: Debbie Dachos
From: Vince Gioscia
Date: March 17,2010
Subject: VIP Homes & Assoc., LLC
•
You have asked for a response to Attorney Gary Liquori's letter dated March 12, 2010.
I have reviewed Attorney Liquori's Letter dated March 12, 2010 regarding a plan that was
submitted as an "Approval not required" Plan. The issue concerns allowing a portion of a paper
street to be used as additional frontage so as to have sufficient frontage on a public was to allow
construction and to use the paper street as a "driveway."
After speaking with Attorney Liquori there is no dispute that the parcel in question abuts a paper
street. However, the parcel to be conveyed is not the only parcel that abuts the paper street.
There is a parcel owned by a Ms. Gloria M. Montanez that sits on the comer of Alexander
Avenue and Churchill Avenue. While Attorney Liquori's position is that Mr. Vorobel will
convey his interest in real estate to VIP to provide for adequate frontage, there is a larger issue
involved.
There is no dispute that Alexander Avenue is a paper street. Even though Mr. Vorobel may own
to the center line of Alexander Avenue there is the issue as to VIP's use for the proposed
purpose. Generally, once a way is designated it can not be altered without the consent of all
parties having rights therein, see Anderson v. Devries, 326 Mass. 127 (] 950). In Attorney
Liquori's letter of March 12,2010 he states that " .. only Gloria M. Montanez would have
potential easement rights for Alexander Avenue, I have walked the land, and it is clearly a
stretch for the easement rights of Gloria M. Montanez to ever be used. Also, she has easement
rights on that section of Churchill Avenue which is east of the land owned by VIP Homes &
Associates, LLC."
Easement rights in a paper street can be established a number of ways. I have no knowledge as
to how the paper street was established in this case. However, M.G.L. 183 § 58 has been
interpreted to provide that title in land bounded by street or ways runs to the center of the way
and the right to use the way along its entire length. See Brennan v. DeCosta, 24 Mass.App.Ct.
968 (]987).
Attorney Liquori states that a plan dated September 20, 2007 has been recorded at the Hampden
County Registry of Deeds in Book of Plans 347, Pare 113. That, however can not extinguish the
easement rights that Ms. Montanez may have in Alexander Avenue, As a result Ms. Montanez
may have rights in Alexander A venue and it is beyond the authority of the Planning Board to
• •
extinguish or alter these rights. The only way this can be done is if Ms. Montanez consents or if a
court of competent jurisdiction renders a decision.
I suggested to Attorney Liquori that the proper and best way to address the matter is to file a
petition in the Land Court to determine the rights thrt Ms. Montanez may have in Alexander
Avenue. I also do not think that the fact the Ms. Montanez has use of Churchill A venue is
relevant as the cases seem to indicate that an abutter may have rights in a paper street. The fact
that there may be alternative means of accessing Ms. Montanez parcel may not be relevant.
Attorney Liquori stated in our conversation that he could file an action in the Housing Court to
clarify the matter or Appeal the decision of the Planning Board to the Superior Court.
f d. ,~H 3-786-(J400
FAX COVER SHEET
Fru.: Number (413) 786-9927
nate: --S-I'l -l a ---+ ...-.
TO: G:ul/~
FROlVf:
Originating Dept. P(6....Yl.V\~
L ; c ( lor: l
Vlll11ber of Pages Including COFer Sheet:
=OMMENTS:
• • Town of Agawam
March 10, 2010
V1adminir Ruha
VIP Homes & Associates LLC
29 Avalon Place
Feeding Hills, MA 01030
Dear Mr. Ruha:
At its du1y called meeting held on March 4,2010, the Agawam Planning Board voted to accept
the withdrawal of your Form A application for property on North Street Extension as you
requested.
If you have any questions, please contact this office at 786-0400, ext. 283.
Sincerely,
/~p~o!
Travis P. Ward, Chairman
AGAWAM PLANNING BOARD
TPWIDSD:prk
cc: Attorney Liquori
Town Clerk
File
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•
POWERS & LIQUORI
ATTORNEYS AT LAw
84 PARK STREET
•
WEST SPRINGFIELD, MASSACHUSETTS 01089-3336
TELEPHONE, (413) 739-1200
MICHAEL]. POWERS, ESQ.
rnpowers@powersliquori.co:rn
HAND DELIVERED
Vincent F. Gioscia, Esq.
Town of Agawam
36 Main Street
Agawam, MA 01001
FACSIMILE, (413) 739-1232
March 12,2010
Re: Approval Not Required for Property of
VIP Homes & Associates, LLC off
North Street Extension. Feeding Hills. MA
Dear Attorney Gioscia:
GARY B. LIQUORI, ESQ.
gliquori@powersliquori.cOtn
Please be advised that I represent VIP Homes & Associates, LLC concerning an
Approval Not Required that was before the Planning Board last week on Thursday,
March 4,2010 at 7:00 p.m. At your request and the request of the Planning Board, I
am delivering a copy of my legal analysis to the Agawam Planning Board.
At the recent Planning Board hearing, there was a dispute as to whether my
client would have to go to the Land court first to terminate all rights in the paper street,
Alexander Avenue, before they proceeded on the Approval Not Required. As you
know, a paper street is defined as a "street shown on a recorded plan, but never built
on the ground". There is no question that Alexander Avenue is a paper street. In
looking at the way that houses have been developed along North Street Extension, it is
obvious that there is not going to be any future development of either the section of
Churchill Avenue west of Alexander Avenue (property now owned by VIP Homes &
Associates, LLC) or that section of Alexander Avenue currently owned by Vladislav
Vorobel. In fact, when looking at the prior plan dated September 20, 2007 and
endorsed by the Agawam Planning Board as an Approval Not Required or when looking
at the new proposed Approval Not Required, only Gloria M. MO,:;?r~~~O
~ -.';
MAR 12 2.0\0
.'. ;;QAi1U r -'~-~ I'· &:J:'''' •• ",,., -" ."
Attorney Gioscia
Page 2
March 12,2010
• •
potential easement rights for Alexander Avenue. I have walked the land, and it is
clearly a stretch for the easement rights of Gloria M. Montanez to ever be used. Also,
she has easement rights on that section of Churchill Avenue which is east of the land
owned by VIP Homes & Associates, LLC.
The ultimate question for the Agawam Planning Board on VIP Homes &
Associates, LLC's current Approval Not Required is whether they can consider the real
estate owned by Vladislav Vorobel and to be purchased by VIP for determining
minimum frontage requirements. Please note that I have already given the Agawam
Planning Board my title examiner's opinion as to whether or not Mr. Vorobel owns the
25 foot strip which is part of Alexander Avenue as a paper street.
For your convenience, I am attaching a copy of Attorney Gerard Matthews' title
opinion. Attorney Matthews is clear that Mr. Vorobel actually owns that portion of
Alexander Avenue that is proposed to be conveyed to VIP Homes & Associates, LLC.
Recent cases in Massachusetts that have been decided seem to give support for the
current position of VIP Homes & Associates, LLC. First, the Sears v. Building Inspector
of Marshfield case states that you cannot use M.G.L. c. 183 § 58 to include land
extending to the middle of an adjoining street when you are calculating the lot area for
the purposes of obtaining the status of a buildable lot when moving party wanted to use
the street land to tack on to his 4800 square foot parcel. The tacking on would have
given the petitioner 5700 square feet making him eligible for the 5000 square foot
minimum lot area under M.G.L. c. 40A § 6. That court said you could not tack on the
street area to add to the lot area square footage. VIP Homes & Associates, LLC is not
trying to tack on square footage. They are buying the fee interest that Mr. Vorobel
owns on Alexander Avenue. Thus, there is a major factual difference in terms of what
we plan to do. VIP plans to purchase the 25 foot strip. Thus, they will have 116.93 feet
of fee frontage which gives them enough frontage necessary for the particular 110 foot
requirement of the zone in question. The Sears case supports VIP's position in that
they are actually purchasing land to conform to zoning.
Also, there is another case that states that a subdivided lot with frontage on a
paper street which is laid out as a public way may be entitled to ANR endorsement
under M.G.L. c. 41 § 81P. See Corrigan v. Board of Appeals of Brewster, 35 Mass.
App. Ct. 514 (1993). Also, the Silva v. Planning Board of Somerset case at 34 Mass.
App. Ct. 339 (1993) states that a portion of a paper street belonging to an abutter may
be considered in determining frontage for subdivision purposes.
Thus, there is clear authority to have the Agawam Planning Board endorse the
plan under M.G.L. c. 41 § 81 P as Approval of Plans Not Subjectto Control Law. For
Attorney Gioscia
Page 3
March 12, 2010
• •
your convenience, I am enclosing a copy of the proposed ANR and a copy of the
September 20, 2007 ANR recorded in the Hampden County Registry of Deeds.
Please call me after you have reviewed this issue to discuss the logistics of
which way to proceed.
GBL:lsh
Enclosures
Sincerely,
-<--+f):;?i]f'it
. ~~~.;Li~&
v
cc/wlenc.: Agawam Planning Board /
• • Law Office of Gerard B.Matthews
Gerard B. Matthews
Jennifer E. Rachele
October 28, 2009
Attorney Gary B. Liquori
84 Park Street
1252 Elm Street
West Springfield, Massachusetts 01089
Office (413) 734-4848
Fax (413) 747-2562
West Springfield, MA 01089
Re: Alexander Drive
Dear Gary:
I'have examined the records of the Hampden County Registry of Deeds regarding
the ownership of that strip of land designated as Alexander Drive, as shown on a plan
recorded in said registry in Plan Book M, Page 10. In particular, I have focused on that
portion of Alexander Drive lying between Churchill Road and North Street Extension in
order to determine rights in that portion of the paper street.
It would appear from the registry records that all of the lots fronting on that
portion of Alexander Drive were vested in Granville G. Best and Edith B. Best as of the
recording of a deed in Book 1638, Page 156 on May 21, 1937. Alexander Mati and Elly
Mati acquired Lots 511-532,533-541 and 610-639 by deed recorded in Book 2269, Page
313; it is to be noted that the; owners did not reserve any rights in the road. All of these'
parcels have subsequently been conveyed without any reservation in Alexander Drive.
As you know, by operation oflaw pursuant to M.G.L. Chapter 183, Section 58, title to
the road is vested in the abutters without such reservation being recited in thll vesting
deeds. Therefore, by operation oflaw, the owners of those parcels fronting on Alexander
Drive own the fee in the road and may_ by deed, convey their interest in the road.
Very truly yours,
/JJ~~kF
Gerard B. Matthews
R{:r~l\iED
MAR 1 % Zom
1":'. ~; , . . !'4.Qkr'UJ '
" ~nl'" . "", ....
•
Edward J. Drowns
1022 North Street Ext.
Feeding Hills MA 01030
To the Agawam Planning Board:
•
I have been have a life long resident of the Town of Agawam and reside at 1022 North
Street Ext. for over 2 Y, years. VIP Homes is looking to build a home on the empty lot
next to my house. I would like to see this done and completed. I personally have
witnessed illegal dumping on this lot as well I pick up trash continuously year round on
the lot.. A new home on this vacant lot would make the street look better. A new home
would also bring more tax revenue to the town.
Sincerely,
Edward J. Drowns
-La~.ffice of Gerard B.Mattttws
1252 Elm Street
West Springfield, Massachusetts 01089
Gerard B. Matthews
Jennifer E. Rachele
Office (413) 734-4848
Fax (413) 747-2562
October 28, 2009
Attorney Gary B. Liquori
84 Park Street
West Springfield, MA 01089
Re: Alexander Drive
Dear Gary:
I' have examined the records of the Hampden County Registry of Deeds regarding
the ownership of that strip ofland designated as Alexander Drive, as shown on a plan
recorded in said registry in Plan Book M, Page 10. In particular, I have focused on that
portion of Alexander Drive lying between Churchill Road and North Street Extension in
order to determine rights in that portion of the paper street.
It would appear from the registry records that all of the lots fronting on that
portion of Alexander Drive were vested in Granville G. Best and Edith B. Best as of the
recording ofa deed in Book 1638, Page 156 on May 21, 1937. Alexander Matz and Elly
Matz acquired Lots 511-532, 533-541 and 610-639 by deed recorded in Book 2269, Page
313; it is to be noted that the owners did not reserve any rights in the road. All of these
parcels have subsequently been conveyed without any reservation in Alexander Drive.
As you know, by operation oflaw pursuant to M.G.L. Chapter 183, Section 58, title to
the road is vested in the abutters without such reservation being recited in the vesting
deeds. Therefore, by operation oflaw, the owners of those parcels ftOliting on Alexander
Drive own the fee in the road and may, by deed, convey their interest in the road.
Very truly yours,
fjb#J/t~
Gerard B. Matthews
• • Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
. Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Nick Urbinati, Building Inspector
FROM: Planning Board
SUBJECT: Fonn A ' North Street Ext. -VIP Homes
DATE: February 25,2010
Please review and comment onthe attached Fonn A for VIP Homes on North Street Ext. prior to
the BOilrd's March 4th meeting.
Thank you.
DSD:prk
• • Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
FORMA =
Application for Endorsement of Plan Not Believed to Require Approval "'.'
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COpy wriJ;J
THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION ll-ff.'
I...D
Agawam. MA _-Lb-'E.""-"'Sc...,---'Z=5:'--__ 20 J 0
TO THE PLANNING BOARD:
The undersigned. believing that the accompanying plan of his property in the Town of
Agawam does not constitute a subdivision within the meaning of the Subdivision Control
Law. herewith submits said plan for a determination and endorsement that Planning
Board approval under the Subdivision Control Law is not required.
1. Name of Applicant VIP
Address c2!q AlLc, ION ,hL F(u»/iL£ ihl(.; /?'Is 010>0 r ) U >
2. Name of Surveyor AN i¥-t.1().; q., $ !!) (-,4-(6-(
Address 375 W H l-N vT' $T ExT. I Btu;!J, J·4 "1 I /l1 S .
3. Deed of Property Recorded in 114M/de" CG.H'+1 ~f'GI\Te'l <JF DtEti.J,S;
Book I (A ~ I Page _?!l=-___ _
4. Location of Property 0 Nor+h s..(.... c'If Fe-..d,"cj Hi Ils I
5. Describe the proposal in this submission: ( (; ,..b. oj .0. .,.-1'1l:. r:N-Jiii .. "''1 Hti<.F
At.£J<..I"A1)£ It. t4J.,. 10 It'\,.I!> NJF Vir . 11;' ,'1r-S 4-tlJ1('(Ml'.s S,l t.'-
ATIACHMENTS -Two originals and three copies of plan by certified land
surveyor. Filing Fee -$50.00 plus $20.00 per lot.
Signature of Owner a £ < -pi' g(
7
Address ;)9 Ava../oN
&e dot[ tFlls,.
~ 0 103-0
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Date: 2f25f2010
To the Department Officer making the Payment:
Received of !'~-' VIP Homes & Associates LOC • as Listed Above --=~,-__ _
the sum of .."..._....,-=_..."..' _· _________ ..:5;::0;::.;:00::..... __ ==,..,..,..,... Dollars
for the Form A Filing Fee ending 212§1201 °
for collectic I' ~C@l/(
110.00'
N / F
MARIO TRDLID
B. 12252 P 357
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~ co co n o
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VIP Homes & Associates, LLC
B. 16050 P. 452
3.86 Acres
Book of Plans 347 Page 113
Parcel 8
5329 s. f.
To become
330 00'
110.00'
N / F
Parcel A
port of
other land
of VIP Homes
& Associates,
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This plo.n does not constitute 0.
subdivision therefore o.pprovo.l
under the Subdivision Control
Lo.w is not required.
Do. tel ________ _
Agawam Planning Board
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GLORIA M. MANTANEZ
B. 11675 P 139
N81"30'00"W
112.50'
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Vladislav Vorabel
B. 16317 P 86
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GRAPHIC SCALE 401.~--_-'.--_--".J°IiI: •• 2IO~~~40~1 •••••• 6.,'-0 ~~~P~l~~.);~L\~ .. · ~~~~~~'r ',) ",nO
PLAN OF
AGAWAM"
IN FEET)
1 inch = 40 It
PROPERTY !N DRAWN BY:
MA DRAWING #
OF
VIP Homes & Associates, LLC
29 Avalon Place
Feeding Hills, MA
ANDERSON ASSOCIATES
375 'WALNUT STREET EXT.
PH BOX 382
AGA 'W AM, MA 01001
Lo.nd Surveyor Lo.nd Plo.nning Consul to.nt
DESCRIPTION BY SCALE:1" = 40' DA TE:June, 2009