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8647_FORM A - 1014 NORTH ST. EXT..pdf~(sL(l Foc('(\ /~ (Q\~ Nc\t\\ J~. E ~~, N / F MARIO TROLIO B. 12252 P. ~57 w '0" aa " LD a r<Xl <Xl 1'0 a z VIP Homes & Associates, LLC B. 16050 P. 452 3.86 Acres Book of Plans 347 Page 113 N / F Parcel' A ReSidence /I 1022 I I I I I~ I I 0 I 1% I ~ I Parcel 8 5.329 s.f. To become part of other land of VIP Homes & Associates, LLC '" wI I ~ , 3 0 ~ I~.ol~ I ~ a . I ~ ~ I a '\ Z I I I I I I I I I I I I NOR T H This plan does not constitute 0. subdivision therefore approval under the Subdivision Control Law is not required, DO-te: Agawam Planning Board (]) ::J C (]) > « L (]) u c o x (]) « VIP HOMES & ASSOCIATES, LLC B. 18469 P. 490 Dated: 9/24/10 S81'30' O"E N81'30'00"W 25.00' 3:: a '0 3:: a 1'0 'gl "co a LD 1'0 10 ~ N " O'l a al . ~) ~ (f] <Xl N Sll 38'+- N71'3 25.38' '29"w --~ 112.50' N/F Vladislav Vorobel B. 16317 P. 86 I I' ,+ I~ ReSidence # 1004 ~~173.95' N71'39'29"'~W--- SCALE: 1" <Xl r-.. .q: 1'0 ('oJ 40' w , O'l n r <Xl a Z DATE: Sept., GRAPHIC SCALE 40 0 20 40 80 ~-... --I I I IN FEET) ft. 2010 180 I ANDERSON ASSOCIATES LAND SURVEYOR, LAND PLANNING CONSULTANT, SITE DESIGN 375 WALNUT STREET EXTENTION P.O. BOX 382 AGAWAM, MASSACHUSETTS 01001 Tel. 413 525-4145 Fax 413 533-9975 PLAN OF PROPERTY MA IN AGAWAM, PREPARED FOR: VIP Homes & Associates,LLC 29 Avalo'! Place Feeding Hills, MA NO. DATE DESCRIPTION This plan prepO-red in accordance with the rules O-nd regulations of the Registry of Deeds, Do-tel Cf /30/10 • 1 inch = 40 L ______ ---1 __________________ ---L ___________ L.::=====:E:it:~==~ ',1 ~ -..;/ J , • • GENERAL RELEASE, SETTLEMENT AGREEMENT Town of Agawam referred to herein as ''RELEASEES.'' V.I.P. Homes & Associates, LLC referred to herein as "RELEASOR." WITNESSETH: Whereas, RELEASOR commenced litigation against RELEASEES. Whereas RELEASOR and RELEASEES desire to finally compromise and settle the claim and all other claims completelY as among themselves, their agents, servants, and employees and to avoid the expense of further litigation: 1. General Release. RELEASOR hereby remises, releases and forever discharges RELEASEES and each and everyone of their heirs, administrators, assigns, present and former agents, representatives, shareholders, employees, servants, attorneys and insurers of and from any and all claims, causes of action, liabilities and damages of any kind or description, either at law or in equity, whether known or unknown, which against RELEASEES, their respective present and former agents, representatives, employees, servants, insurers or attorneys, RELEASOR now has or has ever had from the beginning of the world to the date of RELEASOR'S execution of this GENERAL RELEASE, SETTLEMENT AGREEMENT, hereinafter the "Agreement," including, but not limited to, any and all claims which were or could have been asserted as a result of the subject matter of Hampden County Superior Court docket number 10-1002, or any claims which could in any way be supported by the allegations made, or claims for attorneys' fees, punitive damages and costs in connection witJi the Actions; or any claim, complaint, or charge .. 2. No Admission of Liability. The undertakings in this Agreement are entered into solely in settlement of disputed claim which RELEASEES deny, and are not and shall not be • • • construed as any admission that any of the facts asserted by RELEASOR are true. RELEASEES deny that they or any of them have engaged in any unlawful conduct and assert that the undertakings in this Agreement are entered into to settle a disputed claim and avoid the cost of further litigation. 3. Commencement of Claims. RELEASOR specifically covenants and agrees thatit will not promote or encourage any other person or entity to commence any claims, demand or action against the Town of Agawam, or assist in any way in any present or future claim, demand or action against the Town of Agawam. 4. Consideration. This Agreement contains the entire agreement between and among the RELEASOR and RELEASEES and its terms are contractual and not merely a recital. It is expressly understood and agreed that there has been no promise or representation except as expressly provided herein. The consideration for this Agreement is the following terms, conditions, and understandings: A. RELEASEE agrees to sign a Form A. Subdivision Approval Not Required for the Plan that was submitted to the Agawam Planning Board on August 20, 2012 attached as Exhibit "A" subject to the restrictions outlined in Exhibit "B" which will be incorporated as permanent restrictions to run with the land for the 3 .86 acre parcel of the V.I.P. Homes & Associates, LLC together with the .30 acre parcel owned by V.J.P. & Associates, LLC from Gloria Montanez by deed recorded in the Hampden County Registry of Deeds on September24, 2010 at Book 18469, Page 490. Said restrictions attached as Exhibit "B" will also run with the land on the proposed 5,329 square foot parcel that V.I.P Homes & Associates, LLC is proposing to purchase from Vladimir Vorobei as outlined in 2 • • Exhibit "A". RELEASEE further agrees to submit a plan dated contemporaneously with this agreement for signature. B. RELEASOR will execute a stipulation of dismissal with prejudice and file same with the Hampden County Superior Court. See Exhibit "c" RELEASOR further agrees place restriction reflecting the language in Exhibit "B" into any deed when the property is conveyed; said restrictions are to run with the land. 5. No Compensation Owed. Except as provided in Section 4 above, RELEASOR hereby agrees and acknowledges that it has received full payment in satisfaction of all claims known or unknown from RELEASEES. 6. No Additional Claims. RELEASOR represents that it has not filed any complaint or charge or instituted any legal proceedings against RELEASEES in any court, administrative agency or governmental entity other than the above referenced Hampden County Superior Court Docket Number 10-1002. 7. General Provisions. a. Voluntary Agreement. By signing this Agreement, RELEASOR acknowledges that it understands its provisions and that it makes the agreement voluntarily. b. Attorneys' Fees. All parties to the Agreement shall bear their own attorneys' fees and costs, and RELEASOR shall not be considered a "prevailing party" under Federal or state law. c. Severability .. The invalidity or unenforceability of any provision hereof shall in no way effect the validity or enforceability of any other provision, or any part thereof. 3 • • • d. Enforcement and Applicable Law. This Agreement shall be governed by and construed as a sealed contract in accordance with the laws of the Commonwealth of Massachusetts. e. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the parties, and there are no warranties, representations, or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. f. Modification or Waiver. This Agreement may only be amended or modified by a written instrument. The failure of any party at any time to require the performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same. g. Access to Counsel. RELEASOR represents and agrees that it has been represented by counsel at all times relevant to this settlement and that it has consulted with counsel prior to signing this Agreement. Commonwealth of Massachusetts Hampden. SS. August n 2012 On thisJ ,/~ day of 2012, befor me.t the undersigned notary public, personally appeared . I P . proved to me through satisfactory evidence of identification , which were to be the person whose name is signed on the proceeding or attached cument, and acknowledge to me that shelhe signed it voluntarily for its stated purpose, as hislher free act and deed. 4 . ' • • 5 Exhibit A • • , ~. ... .. ~ ... .. . .. ~ . . .. ~ ~ • _ ..•. j N , E I " d N · , J ~ ~ ~ .. , 1-~ • r! ." " ~I ~ . • . ~ 0 • , '-· • ~ • • J j I I / ~--' L-~----__ ----~ __ ~I 6 , • • Exhibit B PROPOSED RESTRICTION ON FORM A SUBDIVISION APPROVAL NOT REQUIRED The Parties agree that any access to the proposed home for a driveway will not be on any part of Alexander Avenue, Feeding Hills, Massachusetts, the paper street that runs perpendicular to North Street Extension. The Parties also agree that there will be no construction of any kind on any part of Alexander Avenue owned by V.I.P Homes & Associates, LLC. The Parties also agree that any construction of a home will be at least twenty-five (25) feet west of Alexander Avenue, Feeding Hills, Massachusetts. Date Date 7 • • Exhibit C COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT OF THE COMMONWEALTH Hampden County, ss. V.I.P. Homes & Associates, LLC ) Plaintiff ) VS. ) ) ) Agawam Planning Board ) David Chase, Mark ) Paleologopoulos and Michael ) Morassi ) Defendant ) Hampden County Superior Court Docket No.1 0 -1002 STIPULATION OF DISMISSAL WITH PREJUDICE Pursuantto Rule 41 (A) (1) (ii), Massachusetts Rules of Civil Procedure, the parties to the above- captioned action stipulate that it be dismissed with prejudice, all parties to bear their own costs. Dated: August ill, 2012 West Springfield, MA Tele: 413-789-1200 Fax: 413-739-1232 B.B.O. #301655 8 rDEF~NDAN by: I LlJv~ " Vincent F. Gioscia, Esq. Agawam Law Department Town of Agawam 36 Main Street Agawam, MA 01001 Tele: 413-786-0400 ext. 8281 fax: 413-786-9927 B.B.O. # 635833 , • • Town of Agawam Law Department October 25, 2010 Mr. Travis Ward Chairman, Planning Board 36 Main Street Springfield, MA Re:Paper Street Inquiries Vincent F. Gioscia, City Solicitor , In your memorandum, Law)]i.)elpartr'n", ent, th~ Planning Boailt,llubmitted several questions several QUl!stiqn!i,;regru'oirlg the Alexander paperstreei.,~))" .: ' , ' The ,ways. Mass. Gen. Laws. c. 82 § 21 ways for the use of the town or city. effects. First, title to the underlying See Nylander v. Potter, 423 Mass. 158 (1996), to maintain the road. And finally, it potentially allows to file a suit agairist the Town for damages if the use of their land has been substantially impaired. See Mass, Gen. Laws. c.82 § 24. If a plaintiffs land "does not abut on the portion of the way discontinued if there is access by any public way, because in such a case the damage suffered is only from loss of the enjoyment of a public right which is also suffered in greater or less degree by every member of the community." Harte v. Town of Dartrnouth, 45 Mass. App.779, 782 (1998) (quoting Malone v. Commonwealth, 378 Mass, 74 (1979». So while the town council would have the ability to discontinue the way, such discontinuance might have undesirable effects. 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 / • e l If the street were not discontinued, could it be used for frontage to benefit one individual lot? Frontage that is derived from an unconstructed paper street may not used in determining whether the parcel meets the appropriate frontage requirements, unless the bylaws of the Town explicitly state otherwise. See Perry v. Planning Board of Nantucket, 15 Mass. App. Ct. 144,151-153 (1983); see also Shea v. Board of Appeals of Lexington, 35 Mass. App. Ct. 519, 520 (1993). The Town of Agawam does not have a definition of frontage within its code which allows for the use of paper streets in frontage caleulations. Therefore, it seems to be prohibited to use the paper street area to calculate the parcel's frontage requirements. I hope this answers your questions. If you have any questions, please contact us. r/!ll':'" ' i ,,"' ~ . Giqscia," City Solicitor: Town of AgaW\ffi1. / 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 Agawam Law Department • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted OeIivety Is deslR!d. • Print your name and address on \he reverse so that we can return the card to you. • Attach this card to the back of the mwlplece, or on the front If space permits. VI.mes & Associates, LLC 29 Aftialon Place Feeding Hills, MA 01030 I ~~Nwm 7009 0080 0001 9525 5755 (ltans1erfTot" ...... ___ " PS Fonn 3811. February 2004 1~1540 UNITED STATES POSTAL SERVICE IIIIII First-Class Mail Postage & Fees Paid USPS Permn No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box' TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 PLANNING BOARD January 24, 20 II David Chase 2 Colonial Avenue Agawam, MA 01001 • • Town of Agawam' Law Department Vincent F. Gioscia, City Solicitor Patrick 1\1. Toney, ~-\'ssociate Solicitor Re: Notice of Taking Deposition Dear Mr. Chase: Enclosed please find a copy of Nut ice of Taking Deposition in V.l.P. Homes v. Agawam Planning Board. Please appear at the offices of Plaintiff's attorney, Gary B. Liquori, of Powers & Liquori; located at 84 Park Street in West Springfield, MA no later than 9:30 AM on Monday, February 7, 2011. Please Contact the Agawam Law Department with any questions you may have. Thank you for your attention to this matter. Enclosures ._ Re~ectf~IY, .'. ,'.<71,·( r. Patrick M. Toney, Associate Solicitor 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 . . • • COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO.: 10 CV 1002 V.I.P. HOMES & ASSOCIATES, LLC ) Plaintiff ) ) vs. ) ) AGAWAM PLANNING BOARD, ) DAVID CHASE, MARK ) PALEOLOGOPOULOS and ) MICHAEL MORASSI, ) Defendants ) To: Patrick M. Toney Esq. Assistant City Solicitor Town of Agawam 36 Main Street Agawam, MA 01001 NOTICE OF TAKING DEPOSITION Please take notice that at 9:30 a.m. on Monday, February 7, 2011, at the offices of the Plaintiff's attorney, Gary B. Liquori, Esquire, of POWERS & LIQUORI, Attorneys at Law, 84 Park Street, West Springfield, Massachusetts, the Plaintiff in this action, V.I.P. HOMES & ASSOCIATES, LLC, by its attorney, will take the deposition upon oral examination of DAVID CHASE, (hereinafter referred to as the "Deponent"), pursuant to Rule 30 of the Massachusetts Rules of Civil Procedure before Accurate Court Reporting, Notary Public in and for the Commonwealth of Massachusetts, or some other officer authorized by law to administer oaths. The oral examination will continue from day-to-day until completed. You are invited to attend and cross-examine. ~ Date>, ktvi , FOR THE PLAINTIFF V.I.P. HOMES & ASSOCIATES, LLC Attorneys at Law 84 Park Street West Springfield, MA 01089 1 . " • • Telephone (413) 739-1200 Facsimile (413) 739-1232 BBO #301655 CERTIFICATE OF SERVICE I,GaryB.LiqUOri,ESq.,herebycertifythaton"jf:t, J r ,2011,lcaused the foregoing document to be served on all parties interested in this action by mailing a copy thereof by first class mail, postage prepaid to Patrick M. Toney Esq., Assistant City Solicitor, Town of Agawam, 36 Main Street, Agawam, MA 01001. d/J I ;{ ~ , '-, '.' LS .:, " ,r1tl,\ ______ _ ~o/ B. Uiquor", POWERS & LlQ Attorneys at Law 84 Park Street West Springfield, MA 01089 Telephone (413) 739-1200 Facsimile (413) 739-1232 8.B.O. #301655 2 • • Town of Agawam January 24, 2011 Mark Paleologopoulos 100 Paul Revere Drive Feeding Hills, MA 01030 Law Department Vincent F. Gioscia, City Solicitor Patrick 11 Toney. Associate Solicitor Re: Notice of Taking Deposition Dear Mr. Paleologopoulos: Enclosed please find a copy of Notice of Taking Deposition in V.I.P. Homes v. Agawam Planning Board. Please appear at the office. of Plaintiff's attorney, Gary B. Liquori, of Powers & Liquori; located at 84 Park Street in West Springfield, MA no later than 10:30 AM on Monday, February 7,2011. Please Contact the Agawam Law Department with any questions you may have. Thank you for your attention to this matter. ~,/7~> Patrick .rvf.Toney, Associate Solicitor Enclosures 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 • • COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO.: 10 CV 1002 V.I.P. HOMES & ASSOCIATES, LLC ) Plaintiff ) ) vs. ) NOTICE OF TAKING DEPOSITION ) AGAWAM PLANNING BOARD, ) DAVID CHASE, MARK ) PALEOLOGOPOULOS and ) MICHAEL MORASSI, ) Defendants ) To: Patrick M. Toney Esq. Assistant City Solicitor Town of Agawam 36 Main Street Agawam, MA 01001 Please take notice that at 10:30 a.m. on Monday, February 7,2011, at the offices of the Plaintiff's attorney, Gary B. Liquori, E.squire, of POWERS & LIQUORI, Attorneys at Law, 84 Park Street, West Springfield, Massachusetts, the Plaintiff in this action, V.I.P. HOMES & ASSOCIATES, LLC, by its attorney, will take the deposition upon oral examination of MARK PALEOLOGOPOULOS, (hereinafter referred to as the "Deponent"), pursuant to Rule 30 of the Massachusetts Rules of Civil Procedure before Accurate Court Reporting, Notary Public in and for the Commonwealth of Massachusetts, or some other officer authorized by law to administer oaths. The oral examination will continue from day- to-day until completed. You are invited to attend and cross-examine. FOR THE PLAINTIFF V.I.P. HOMES & ASSOCIATES, LLC .'/") /' / ~I'P!f7;~iL 1( BY / (.~.lL\ I I /,' I Gary B:l:iquori; E~. POWERS & LIQUORI Attorneys at Law 84 Park Street West Springfield, MA 01089 1 . . • • Telephone (413) 739-1200 Facsimile (413) 739-1232 BBO #301655 CERTIFICATE OF SERVICE I, GaryB. Liquori, Esq., hereby certify that on ] ~ (t-( ,2011, I caused the foregoing document to be served on all parties interested in this action by mailing a copy thereof by first class mail, postage prepaid to Patrick M. Toney Esq., Assistant City Solicitor, Town of Agawam, 36 Main Street, Agawam, MA 01001. ~I /"'1' / J IL . ",,_,;~ ''1 ,'/'£<t'-t, Gf;! 8. ~iqubri, sq. I POWERS & LlQUORt Attorneys at Law 84 Park Street West Springfield, MA 01089 Telephone (413) 739-1200 Facsimile (413) 739-1232 8.B.O. #301655 2 January 24, 20 II Michael Morassi 15 Old Fann Road Agawam, MA 0100 I • • Town of Agawam Law Department Vincent F. Gioscia, City Solicitor Patrick M. Toney, Associate Solicitor Re: Notice of Taking Deposition Dear Mr. Morassi: Enclosed please find a copy of Notice of Taking Deposition in V.I.P. Homes v. Agawam Planning Board. Please appear at the offices of Plaintiff s attorney, Gary B. Liquori, of Powers & Liquori; located at 84 Park Street in West Springfield, MA no later than 11 :30 AM on Monday, February 7, 2011. Please Contact the Agawam Law Department with any questions you may have. Thank you for your attention to this matter ~~Z~ul11. Patrick M:i' oney, Associate Solicitor Enclosures 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 • • COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO.: 10 CV 1002 V.I.P. HOMES & ASSOCIATES, LLC ) Plaintiff ) ) vs. ) ) AGAWAM PLANNING BOARD, ) DAVID CHASE, MARK ) PALEOLOGOPOULOS and ) MICHAEL MORASSI. } Defendants ) To: Patrick M. Toney Esq. Assistant City Solicitor Town of Agawam 36 Main Street Agawam, MA 01001 NOTICE OF TAKING DEPOSITION Please take notice that at 11 :30 a.m. on Monday, February 7, 2011, at the offices of the Plaintiffs attorney, Gary B. Liquori, Esquire, of POWERS & LIQUORI, Attorneys at Law, 84 Park Street, West Springfield, Massachusetts, the Plaintiff in this action, V.I.P. HOMES & ASSOCIATES, LLC, by its attorney. will take the deposition upon oral examination of MICHAEL MORASSI, (hereinafter referred to as the "Deponent"), pursuant to Rule 30 ofthe Massachusetts Rules of Civil Procedure before Accurate Court Reporting, Notary Public in and for the Commonwealth of Massachusetts, or some other officer authorized by law to administer oaths. The oral examination will continue from day-to-day until completed. You are invited to attend and cross-examine. FOR THE PLAINTIFF V.I.P. HOMES & ASSOCIATES, LLC Attorneys at Law 84 Park Street West Springfield, MA 01089 1 • • • Telephone (413) 739-1200 Facsimile (413) 739-1232 BBO #301655 CERTIFICATE OF SERVICE -. I, Gary B. Liquori, Esq., hereby certify that on ".I a~\ J I , 2011, I caused the foregoing document to be served on all parties interested in this action by mailing a copy thereof by first class mail, postage prepaid to Patrick M. Toney Esq., Assistant City Solicitor, Town of Agawam, 36 Main Street, Agawam, MA 01001. Gary,. B. Li~uori(Esq. POWERS'& LIQUORI Attorneys at Law 84 Park Street West Springfield, MA 01089 Telephone (413) 739-1200 Facsimile (413) 739-1232 B.B.O. #301655 2 ".\.U .PLAiN 1a AI1UKl'Lt<,.X: t'.l ... .c..M.0.J::, 1....-J..l'..I....-LL:. 1. 1.,,[ J...:..\"'-.l..1VJ~ .L-J' • ....." .... .)...J....- TORT -MO.VEHICLE TORT -CONTRACT -EQUI E RELIEF -OTHER "'-It COMMONWEALTH OF MASSACHUSETTS Lj{j':~L~~S ~;~ ~ J.: if HAMPDEN,5s" SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 10 1002 V-,-,:=:1 .~P.:. • .-:Home=~s~&-,As=soc~i~at~e",s.L' -=llC~ ___ , PLAINTIFF( S) \t 0 V. Agawam Planning Board, David Chase, ,.x;lf~qj'6)y ATTEST \t Mark Paleologopoulos and Michael Moras&i _____ ~ ______ , UEFENDANT(S) ~.t/a.U- DEPUTY SHERIFF HND_ CTY. To the above named defendant: Agawam Planning Board You are hereby summoned and required to serve upon Gary B. Liquori, Esq. , plaintiffs attorney, whose address is 84 Park Street, West· SpringfieJd, MA 01089 an answer to the complaint which is herewith served upon you, within 2D days after service of this summons upon you, exclusive of the day of service,' If you fail to do so, Judgment by default will be taken against you for the relief demanded in the complaint, You are also required to file your answer to the complaint in the office of the Clerk of this court at Springfield either before service upon the plaintiff s attorney or within a reasonable time thereafter. Unless otherwise provided by rtlle13 (a), your answer must state as a c?unterclaiiu any claim which you may have.against the plaintiff which arIses out of the trarisactionor occurrence thai is me subj (Od nl"Jitr' of the plaintiff s claim or you will thereafter be barred from making such claim in any other action. Witness, Barbara 1. Rouse, Esq.,. at Springfield the _____________ ~day of _____ ~---in the year of our Lord two NOTES Brian P. Lees Clerk / Magistrate 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all such defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defeJidant. FORM No. 1 • I PROOF OF SERVICE OF PROCESS I hereby certify and return that on ,2010, I served a copy of the within summons, together with a copy of the original complaint, inthis action, upon the within named defendant, in the following maJLl1er(See Mass. R. Civ. P. 4 (d)(l-5): Dated: ________ , 2010 N.B. TO PROCESS SERVER: PLEASE PLACEDATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON THE COPY SERVED ON DEFENDANT. r-\ , j ( ( ,2010) ) , ) '. < • COMMONWEALTH OF MASSACHUSETTS Hampden, ss vs. AGAWAM PLANNING BOARD, DAVID CHASE, MARK, PALEOLOGOPOULOS and MICHAEL MORASSI, Defendants PARTIES COMPLAINT FOR APPEAL OF PLANNING BOARD DECISION UNDER M.G.L c. 41 § 81P and M.G.L c. 41 § 81BB 1. The plaintiff, V.I.P. Homes & Associates, LLC, is a limited liability corporation with business offices at 29 Avalon Place, Feeding Hills, Hampden County, Massachusetts. 2. The defendant, Agawam Planning Board is a municipal entity with offices located at 36 Main Street, Agawam, Hampden County, Massachusetts. 3. The defendant, David Chase, is a natural person residing at 2 Colonial Avenue, Agawam, Hampden County, Massachusetts. Said defendant is a party only in his capacity as a member of the Agawam Planning Board that voted on the Plaintiff's ANR Plan on October 21,2010. 4. The defendant, Mark Paleologopoulos, is a natural person residing at 100 Paul Revere Drive, Feeding Hills, Hampden County, Massachusetts. Said defendant is a party only in his capacity as a member of the Agawam Planning Board that voted on the Plaintiff's ANR Plan on October 21,2010. 5. The defendant, Michael Morassi, is a natural person residing at 15 Old Farm Road, Agawam, Hampden County, Massachusetts. Said defendant is a party only in his capacity as a member of the Agawam Planning Board that voted on the Plaintiff's ANR Plan on October 21, 2010. 1 , • COUNT I 6. The plaintiff is a development limited liability corporation that took title to a 3.86 acre parcel of land off North Street Extension in Feeding Hills, Massachusetts on or about July 14, 2006. 7. The defendant, Agawam Planning Board, is a municipal entity that consisted of the three named-defendants members; David Chase, Mark Paleologopoulos, and Michael Morassi on October 21,2010 when they voted on an Approval Not Required Plan submitted to them by the Plaintiff. 8. On or about October 5,2010, said V.I.P. Homes & Associates, llC submitted a Form A Subdivision Approval Not Required to the Agawam Planning Board. Attached as Exhibit "1" is a reduced copy of said plan. 9. The thrust of the plaintiffs plan was to purchase a 5329 square foot Parcel "B" on said plan from Vladislov Vorobel, a neighbor on Prospect Street Extension. 10. The purpose of the purchase is to gain the minimum (110 feet) frontage for one building lot on North Street Extension in Feeding Hills, Massachusetts. 11. Said plan does not constitute a subdivision under M.G.L c. 41 § 81U and is clearly covered as an Approval Not Required under M,G.L. c. 41 § 81P Approval of Plans Not Subject to Control Law. . 12, This particular Approval Not Required had been presented prior times to said Planning Board and denied for the reasons that the parcel to be purchased included a fee interest in a paper street and said Board had concerns over the rights of a particular abutting parcel on said paper street. The Board was concerned with the rights of one Gloria Montanez to this paper street (Alexander Avenue), 13. After denial because of potential rights of Gloria Montanez in Alexander Avenue, the plaintiff purchased Gloria Montanez' lot next to their 3.86 parcel piece of land. 14, EVen though the plaintiff purchased what the Planning Board said, on prior occasions, was the obstacle for there approval, said Board again denied said Approval Not Required after a hearing on October 21,2010. Said denial was made up of outright misrepresentations of what the Planning Board members viewed their role in this process. 15. At the October 21,2010 hearing, nothing was ever mentioned as to whether the proposed ANR plan showed a subdivision. Controlling Statute requires that endorsement shall not be withheld unless said plan shows a subdiviSion. 2 , • 16. The plaintiff limited liability corporation is now aggrieved by a decision ofthe Agawam Planning Bard and thus, under M.G.L. c. 41 § 81BB said plaintiff limited liability corporation requests that this Honorable Court order that Approval Not Required Plan submitted to the Planning Board on October 5,2010 be endorsed by said Planning Board as "Approval Under Subdivision Control Laws, Not Required". 17. The Planning Board denial was filed in the Agawam Town Clerk's Office on or about October 25,2010. WHEREFORE, the plaintiff, V.I.P. Homes & Associates, LLC, requests the Court order the October 21, 2010 decision of the Planning Board be annulled and that the Approval Not Required Plan submitted by the Plaintiff to the Planning Board on October 5,2010 be endorsed by said Planning Board as "Approval Under Subdivision Control Laws Not Required". FOR THE PLAINTIFF V.I.P. OMES & ASSOCIATES, LLC Dated: 1»1Iemk, ~~/6 3 , \\ ._-........... 1'0.00' • I' M~O lROUO B. 122~2 ". J!!'7 \lIP H....,es • A=taoc,gtes, ";'C 8. '6050 P. 452 J,as Acres Book of PIMS 347 POll-113 • ~ .. -< ':, '. :.~~~~ ~. .6" : <1 'iP ~ .. -.ssOO""TES. I.!.C I B. 111469 P 490 Oat.d:9/24j1C 3.lo.00· j "0.00' j . If '. \ t.I _ ~_. Pore.! "'.',.,1-':" . ~:~·~.)o''';'''f···-Cf'~~ PQi'~1!1 B 5329 s.f. To becolTle port of .. other land of VIP Homes "~!l &. Assoctotes, LLC .... -.i,:.<., NlIl"3O'OO'W ~ S8'!'JO:J)o,,£ EOO' 112.50' ,I >. \ ::-., I I 'I . 8' 1-,. ~~ HI" ~ -'" '" ~:; § \~Od,"'o .. Vorolle' .' w .~ ~IN j B 115.117 P. 86 ~\~ ,-~ g!ii 8T z , \ \ ...... "< "'I ·-r---'·-" ,,1;) • ;.. ....rgr ......... '-''''I''>':~ .1. """--. I I Z . ., , \. , \ I " , 110,.00' \ "'11'l9:'Z9~ ... .~ :r~~ 11;'.",. ,~J' -, NOR T H S'TR((T. This POorl '*'~S rlo1: c:ons1:l1:utl" .. SUbdI,,1s1on 'thlt ... ,,'>r" .. OopPf'G" .. t un-.-_ SYbdIltIlslon Cor,trd( \,.0,", Is 001: ".QUir-II'd. i---. r :-::::-I 1-·;7-~ ---- L It , 1IJ.$IS' "'7~·-w ( X T ( N S, 0 IV .4\ AH!)£ItsOH ASSCCIA TtS lAND SURVEYOR, lAND PLIoNNINC CONSULTANT, Silt DESIGN J1S WAlNUT STREET EXTENl10N P.o. 80)1 382 AGAW~, '-I",SSACHuSElTS 01001 . 413 :525-4145 ~lJ S~-9975 PLAN .OF PROPERTY IN AGAWAM •. MA ',.:....-'.... M--....... ,~~--.~-.,-,:, .. -. ThIs plr;r,n P~P",",d lr'I OoCXOl:'ftnc:, wttn "ttt.-.,.Ut ..... I'I1:II "lI'gwla.~ o~ tM RII'",_s:a-V ~ DudS, n .. 1:r _--, _____ -'- Agg_", Pronnlng a.,grd DOo1:., SCAL'" ,. = 40' D ...... •• II ~ ----....... -~ 2. i:t L ,S .j (DI Pm). llDab_411 ft. • • ~ ~ ..... = CIVIL ACTION OOCKETrtn 1'002 Trial Court of MassaChuseHs.~ . , COVER SHEET su_r Court Department !, ,r . Cou : HAMPDEN .. '" .. ' PLAIN'rIFF(S) .. DEFENDANT(S) Agawam Planning" Board, David Chase, V.I.P. Homes & Associates, LLC Mark Paleologopoulos and Michael Morassi if ATTORNEY. FIRM NAME, ADDRESS AND TELEPHONE ATTORNEY (il known) Gary B. Liquori, 84 Park Street, West Springfield,MA 01089 (413) 739-1200 Board of Bar Overse&rs number: 301655 Origin code and track designation 'lace an x in one box only: 0 4. F04 District Court Appeal c.231 , s. 97 &104 (After Xl 1. F01 Original Complaint trial) (X) ] 2. F02 Removal to Sup.Ct. C.231,s.104 0 5. F05 Reactivated after rescript; relief from ] (Before trial) (F) 0 judgmenVOrder (Mass.R.Civ.P. 60) (X) 3. F03 Retransfer to Sup.Ct. C.231,s.1 02C (X) 6. E10 Summary Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) ;ODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? C 99 PlANNING BOARD APPEAL (F ) ( ) Yes ( X) No 'he following Is a full, itemized and detailed statement of the facts on which plaintiff relies to determine ~oney damages. For this form, disregard double or treble damage claims; Indicate single damages only. TORT CLAIMS (Attach additional sheets as necessary) Documented medical expenses to date: ~-' 1. Total hospital expenses ....................................................... '§;$ ............. 2. Total Doctor expenses ............................................. ~r:.<fl'C">' ...... :-~ ••..••..••... 3 Ti t I h' ,c,,-c-';;$ . 0 a c Iropractlc expenses ........................................... ~"':;:;'r"'. . . . . . ............ 4. Total physical therapy expenses ........................................ i;'~?,;;~ ..... ~ ............. 5.' Total other expenses (describe) ......................•.................. ';:3<J? . . . .. . ............ ;~~total sO ............ Documented lost wages and compensation to date ................................ Go~ .... $ ~ ........... Documented property damages to date ........ '" . " ............... " .......... ;~~ ... $ .;, ......... " Reasonably anticipated future medical and hospital expenses ........................ ~~;-:\ ..... $. ,.-; .......... Reasonably anticipated lost wages ............................................. ~ ....... $ ............. Other documented items of damages (describe) $ ............. Brief description of plaintiff's injury, including nature and extent of injury (describe) $ ............. TOTAL $ ............. CONTRACT CLAIMS (Attach additional sheets as necessary) vide a detailed description of claim(s): :his is an appeal of a denial of an Approval Not Required by the .gawam Planning Board. It is a statutory claim under M.G.L. c. 41§8lP, i 81 BB. TOTAL $ ............. EASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR )URT DEPARTMENT N/A hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on spute Resolution (SJC Rule 1:18) ~;:rlng that I provide my clients with information about court-connected dispute lolution services and discuss wit' m thf-8dyan t~~ and dlsl!dvantages of the various methods." ~ Inature of Attorney of Record ""V ' OM .j? ~ f< tt1v.. DATE: 1/ f: (? , ~ I ·6 mtCOO5·t1i99 \, V C.1-20oo • • TOWN OF AGAWAM INTEROFFICE MEMORANDUM To: Law Office, Attorney Vincent Gioscia CC: Mayor Richard A. Cohen Planning Board From: Agawam Clerks Office Date: November 5,2010 Subject: VIP HOMES v PLANNING BOARD The attached complaint was received in this office and is being forwarded for your attention. A_b •• ~Ul811.<8F ... TOVVN OF AGAWAM 36 MAINST AGAWAM. MA01001 clerk@agawam.ma.us 413·786-0400 X214 Fax: 413-786-9927 1>1/05(2110 14: 07 POWERS & LIQUORI Attorneys at Law 84 PARK STREET WEST SPRINGFIELD, MASSACHUSETTS 01Q89.3336 Telephone: (413) 739-1200 Facsimile: (413) 739-1232 November 5.2010 Date URGENT· PLEASE DELIVER fMMEDfATEL Y FAX TRANSMITTAL COVER SHEET NUMBER OF PAGES INCLUDING COVER SHEET: __ =4 __ _ TO: Agawam Town Clerk FAX NO: 413-786-9927 FROM: Garv B. Liguori. Esq. FAX NO: (413) 739·1232 IN CASE OF A PROBLEM, PLEASE CALL: (413) 739-1200 ADDITIONAL INFORMATION: Re: VIP HOMES v PLANNING BOARD et al Hampden County Superior Court Civil Action No: 10-1002 PA.GE 01/06 Pursuant 10 MGL c, 41 § 81 BB, following for notice purposes, is a copy of Ihe a Co.mplaint filed today in Hampden County Superior Court, Springfield, MA concerning my client, V,J.P, Homes Associates, LLC's recent denial by the Agawam Planning Board, = I will also. be hand delivering a copy of this Complaint. c::; nrn lNFo.RMllTIo.N Co.NTAINED IN TIf1. fACSlMILI! MESSAGE MAY »B A'ITORNEY'S PRTVlLEGED AND Co.NFIDENTIAL INl'ORMA TlON lJ'lTENDED o.NL Y FDR TEE ~ERSON DR ENTITY NAMED ABDVE, IF YDU ARE No.T THE 1NTEND~D RECIPIENT (Oll SOMl!DNE RESPONSIllLE Fo.R DELIVERY TO THE INTENDED REClPlEN'T), PLEASEBE AWARE '!HAT ANY DISSEMlNATIo.N OR CDPYlNG OF mrs co.MMUNlCA'DDN IS S'l'lUCTL);' fROHlIlITI!D, IT YOU HAVE RECElYET.> THIS COJ.lMUNlCATION IN ERROR, PLEASENo.nFY US BY TELEPI-lONE IMMEDIATELY AT J·~Jl-719-1200AND RETURN TIlE ORlGJNAL MESSAGE TO US AT TIl!! I\~OVP. ADDRESS VlA n-IB U,S, .~OSTAJ_ SERVlCE. .1il/B5(2810 14:B7 PAGE El2/B6 , , COMMONWEALTH OF MASSACHUSETTS ,',' ~8mpden, 55 2010 NDV ~ r:-SUPERIOR COURT" ,.. '., ' ",." ,', ' 0 P 12: ~t~~:b%~N~:~.~~~~T CL[FI{r" •. ' 'VIP. HOMES & ASSOCllylii:!:f{rWci;P;;PCE ) Plaintiff' ''''', .,. iI/:n ) vs, AGAWAM PLANNING BOARD, DAVID CHASE, MARK, PALEOLOGOPOULOS and MICHAEL MORASS/, Defendants , / ) , ) ) ) ) ) ) ) PARTIES ' COMPLAINT FOR APPEAL OF PLANNING BOARD DECISION UNDER M.G.L. c. 41 § 81P and M.G,L, c. 41 § B1BB .'-~ . 1. The plaintiff, V.I,P. Homes & Associates, LlC, is a limited liability corporation with business offices at 29 Avalon Place, Feeding Hills, Hampden County, ~ ,.-- Massachusetts. ' 2. The defendant, Agawam Planning Board is a municipal entity with offices located at 36 Main Street, Agawam, Hampden County, Massachusetts. 3. The defendant, Dallid'Chase, Is a natural person residing at 2 Colonial Avenue, Agawam, Hampden Courity, Massachusetts. Said defendant is 8 party only in his capacity as a memb~r of the Agawam Planning Board that voted on the Plaintiffs ANR Plan on October 21; 2010. 4. The defendant, Mark Paleologopoulos, is anatural person residing at 100 Paul Revere Drive, Feeding Hills, Hampden County, Massachusetts, Said defendant is a party only in his capacity as a member of the Agawam Planning Board that voted on the Plaintiff's ANR Plan on October 21,2010. " 5. The defendant, Michael Morassi, is a natural person residing at 16 Old Farm Road, Agawam, Hampden County, Massachusetts. Said defendant is a party only in his capacity as a member of the Agawam Planning Board that voted on the Plaintiff's ANR Plan on October 21,2010. 1 .' POWERS AND LI1IIJI PAGE 133/136 11/05/2i113 14:137 COUNT! B, The plaintiff is a development limited liabiJity corporation that took title to a 3.B6 acre parcel of land off North Street Extension In Feeding Hills, Massachusetts on or about July 14, 2006. 7. The defendant, Agawam Planning Board, is a muniCipal entity that consisted of the three named-defend_mts members; David Chase, Mark Paleotogopoulos, and Michael Morassi on October 21,2010 when they voted on an Approval Not Required Plan submitted to them by the Plaintiff. B. On or about October 5,2010, said V.J.P. Homes & Associates, lLC submitted a Form A SubdiVision Approval Not Required to the Agawam Planning Board. Attached as Exhibit "1" is a reduced copy of said plan: 9. The thrust of the plaintiff's plan was to purchase a 5329 square foot Parcel "B" on said plan from Vladislov Vorobel, a neighbor on Prospect Street Extension, 10. The purpose of the purchase is to gain the minimum(110feet) frontage for one building lot on North Street Extension in Feeding Hills, Massachusetts. 11. Said plan does not constitute a subdivision under M,G.L. c. 41 § ,81 U and is clearly covered as an Approval Not Required under M.G.l. c. 41 § 81P Approval of Plans Not Subject to Control Law. 12. = This parti~ular Approval Not Required had been presented prior times to said Planning Board and denied for the reasons that the parcel to be purchased included a fee interest ina paper street and said Board had concerns over the c, rights of a particular abutting parcel on said paper street. The Board was v concerned with the rights of one Gloria Montanez to this paper stre,et (Alexander :::: ~n~. ~ c. .... .:> 13. After denial because of potential rights of Gloria Montanez in Alexander Avenue, f~ the plaintiff purchased Gloria Montanez' lot next to their 3.86 parcel piece of land. 14. Even though the plaintiff purchased what the Planning Board said, on prior occasions, was the obstacle for there approval, said Board again denied said Approval Not Required after a hearing on October 21,2010. Said denial was made up of outright misrepresentations of what the Planning Board members viewed their role in this process. 15. At the October 21,2010 hearing, nothing was ever mentioned as to whether the proposed ANR plan showed a subdivision. Controlling Statute requires that endorsement shall not be withheld unless said plan shows a subdivision. 2 L)--. ' ~ 11/05/2010 14: 07 POWERS AND LIiIIII PAGE 04/05 1 B. The plaintiff limited liability corporation is now aggrieved by a decision of the Agawam Planning Bard and thus, under M.G.l. c. 41 § B1BB said plaintiff limited liabiHty corporation requests that this Honorable Court order that Approval Not Required Plan submitted to the Planning Board on October 5,2010 be endorsed by said Planning Board as "ApprovalUnderSubdivision Control Laws, Not Required". 17. The Planning Board denial was filed in the Agawam Town Clerk's Office on or about October 25,2010, WHEREFORE, the plaintiff, V.I,P, Homes & Associates, LLC, requests the Court order the October 21,2010 decision ofthe Planning Board be annulled and that the Approval Not Required Plan sUbmitted by the Plaintiff to the Planning Board on October 5,2010 be endorsed by said Planning Board as "Approval Under Subdivision ,Control Laws Not Required". Dated:~/6 FOR THE PLAINTIFF V,I.P. OMES & ASSOCIATES, LLC Attorneys at.Law 84 Park Street West Springfield. MA 01089 ,Telephone: (413) 739·1200 Facsimile: (413) 73g·1232 BBO #301655 3 1'1/135/20113 • ~ 14:137 141373_2 ~ Ii ~ ~ i i ~~ " $ H ~Ii> .!i.~ P!l .'-.d~ .9 ,,< " .. '" >-,--(Y,; W <1:' n..:;; ~ ; \ o. :l; '"-~ . o . . <1: z<.:l· ..,' '" . .J r.l. ~ , ,~ , 1'.r;1,~ ,,~, -~, ._ .. ' ' .. T"'~-------' -. ~,~ ... ··' .... Vt·; z o , , ol'l'r ( '. POWERS AND LI~1 PAGE i05/0S EXHIBIT "1" i I ~ . iIi tu i~ll } ,t i I tJ ~ ;j~1i .. ~~~ • ~ ! ." i ~ '" 141 7_32 . , AND L PAGE 85/05 11/05/2610 14: 07 C'Vl ACTION COVER SHEET u.t NU,(SI :-I ,10 1'002 Superior Court Department '. ,. PLAINTIFFIS) V.r.P. Eames & Associates,LtC ?"J!. Agawam Plarming 'Board, David Cha.se, Paleolagopoulos and Michael Morassi "TTORNEY, FlAM '''ME. 4DD~ESS AND TELEPHONE GBry B. L:iquori" 84 'Park Street, West SpringfieM,MA 01089 (413) 739-1200 Baa" ., Bat Ov~,. .... number, 301655 AITORNEV (JI known) Place an lC in one box only: IX! 1. FOI Original Complaint o 2. F02 Removal to Sup.Ct, C.231 ,5.1 04 (Before Irial) (F) o 4. F04 Dislrlct Coort Appeal c.231, s. 97 &104 (Aher trial) (X) o 5. F05 Reactivated alter rescript; relief from judgmenVOrder (Mass.A.Civ.P. 60) (X) o 6. E10 Summary Process Appeal o 3. F03 Aetransfer to Sop,Ct. 0.231.s.1 02C (X) TVPE OF ACTION AND TRACK DESIGNATION (See reverse side) CODE NO, TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? TORT CLAIMS (Attach additional sheets as necessary) Documented medical expenses to date: , ~~ 1. Tota I hospital expenses ....•............................ , ... ' ............. , .. .'@;$ ............ . 2. Total Doctor expenses ............... , ... , ............ ' ............ ~;':<P0 ..... ?,~ •..••. , ..••.. 3. To/al Chiropractic expenses ..•....... , ............. , ..... , ... , ...... :::'"~~ .... .';;;S; .... , ....... . a "ysloa erapy expanses ..• , ............ , ..........•........ ' ... ' :-..J';:r. , ... , .....• , ..... . 4. Tot I p' . I th ,1""1';)') f 5" To I " ','-' • Ie other expenses (descrrbe) . , ..................... , ................... 0 c./) . . . .. . ........... . , ' '~Iotal $'0 .......... .. Documented lost wages and compensation to date ......•....•. , . , ... , .,. , .....•. , .. G~., .. $~ ........ , .. Documented property damages to date ... ' ...................... '" ...... , .... ;i;,'§P, ... $.p ......... . Reasonably anticipated future medlcel and hospital expenses ......•.............. , .. :1,-;1 ..... $ . -:-: ......... . Reasonably anliclpated losl wages ....•................. ,' ......... , ...•............•• $ ............ . Other documented items of damages (describe) Brief description 01 plaintiff's Injury, including nalure and extent of Injury (describe) CONTRACT CLAIIlnS (Attach additional sheets as necessary) vide a detailed description 01 claim(s): :his is aJ;( awea1 of a denial of an ApprovaL Not Required by the , ,gawBm Pla.nning Board. It is a statutory ,claim tmder M.G.L. c. 41'§81P. ,81 B13. $ ........... .. $ ... "\-:., ~:: .. ,. TOTAL S .... (~~ •.. Q .•. , . TOTAL $ ............ . EASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR IURT DEPARTMENT N/A lereby certIfy that 1 have complied with the nequlrements of Rule 5 at the Supreme Judicial Court Uniform Rules Dn :pute Resolution (SJC AL(le 1 :18) that I provide my clients with Information abQut court-connected dispute olutlon services and disCL(sS lind disadvantages of the various mathods." 1ature 01 Attorney of Record -~j-!!7-'-4-~'---jf.l,;,~r-!-l<=-----------"" ) mfcOOS-lll9Q !, 1·2000 • • Town of Agawam Law Department October 25, 2010 Mr. Travis Ward Chairman, Planning Board 36 Main Street Springfield, MA Re: Paper Street Inquiries Vincent F. Gioscia, City Solicitor In your memorandum to the LawDepartment, the Planning Board submitted several questions several questions regarding the Alexander paper street:· Do the other propertieswhich.abllt the street have an interest in the paper street? According 'til MaSs. Gen.4ws c.183§58, all real estate that abuts a way would have a fee interest in tjre.waYunless.thedeed which grants the property to rhem states otherwise. This interest ha~.been cletermined by the courts to n'otcmly provide title in the land bounded by street orwaysbut.also t~ include the right to use the way along its entire length. See Brennanv.DeCosta,24MaSs.App.CL 968 (1987). This means that any person's parcel which t~uches along the line of the paper street'has. an 'interest in that street. See Memorandum dated March 17,2010 for furthel'information .. Is there a process f()r discontitJ.ua!lc~ of a paper street? If so,.can that process be used? The legislature has provided a means for Towns to discontinue ways. Mass. Gen. Laws. c. 82 § 21 allows the town council to "lay out,.relocate or.alter town ways for the use of the town or city." However, the discontinuance of a way has several effects. First, title to the underlying land wouIdrevertto the owners of the property. See Nylander v. Potter, 423 Mass. 158 (1996). Secondly, the town loses its responsibility to maintain the road. And finally, it potentially allows for irtdividuallandowners to file a suit against the Town for damages if the use oftheir land has been substantially impaired. See Mass. Gen. Laws. c.82 § 24. If a plaintiffs land "does not abut on the portion of the way discontinued if there is access by any public way, because in such a case the damage suffered is only from loss of the etUoyment of a public right which is also suffered in greater or less degree by every member of the community." Harte v. Town of Dartmouth, 45 Mass. App.779, 782 (1998) (quoting Malone v. Commonwealth, 378 Mass. 74 (1979». So while the town council would have the ability to discontinue the way, such discontinuance might have undesirable effects. 36 Main Street, Agawam, MA 01001 Tel: (413) 786·0400 ext. 281 Fax: (413) 786·9927 / • • If the street were not discontinued, could it be used for frontage to benefit one individual lot? Frontage that is derived from an unconstructed paper street may not used in determining whether the parcel meets the appropriate frontage requirements, unless the bylaws of the Town explicitly state otherwise. See Perry v. Planning Board of Nantucket, 15 Mass. App. Ct. 144,151-153 (1983); see also Shea v. Board of Appeals of Lexington, 35 Mass. App. Ct. 519,520 (1993). The Town of Agawam does not have a definition of frontage within its code which allows for the use of paper streets in frontage caleulations. Therefore, it seems to be prohibited to use the paper street area to calculate the parcel's frontage requirements. I hope this answers your questions. If you have any questions, please contact us . . Gioscia, City Solicitor Town of Agawam 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 Agawam Law Department • 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 corner 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 pmiies having rights therein, see Anderson v. Devries, 326 Mass. 127 (1950). 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 A venue 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 cas.". 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 (1987). 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, Page 113. That, however can not extinguish the easement rights that :vis. 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 that Ms. Montanez may have in Alexander A venue. I also do not think that the fact the Ms. Montanez has use of Churchill Avenue 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 Plalming Board to the Superior Court. .:. . Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 October 25,2010 VIP Homes & Associates, LLC 29 Avalon Place Feeding Hills, MA 01030 To Whom It May Concern: ) At its duly called meeting held on October 21, 2010, the Agawam Planning Board voted to reject the Form A (Approval Not Required) plan that you submitted for property on North Street Ext. Plan is dated September 2010 and prepared by Anderson Associates. If you have any questions, please contact this office at 786-0400, extension 283. Sincerely, Michael J. Morassi, Acting Chairman AGAWAM PLANNING BOARD MJM:prk cc: Town Clerk, Attorney Liquori, File u.s. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage ProvIded) Certified Fae Postmark He", [ • Agawam Planning Board October 21, 2010 Page 1 MEMBERS PRESENT: David A. Chase Michael J. Morassi Mark R. Paleologopoulos MEMBERS ABSENT: Travis P. Ward Violet E. Baldwin ALSO PRESENT: Deborah S. Dachos AGAWAM PLANNING BOARD October 21,2010 • Mr. Morassi (acting chairman) called the meeting to order at 7:00 PM. I. PUBLIC HEARING CONT. -Definitive Plan -Mariella Place -Tirone Development Corp. Rob Levesque was in attendance this evening and submitted a letter to the Board dated today outlining "two outstanding items" with the Mariella Place Definitive Plan. The first is the request for waiver of borings and the second the narrow strips of land incorporated into the design oflot I and lot 4. Mr. Morassi asked if they were able to address the sewer cover issue. Mr. Levesque stated yes and calculations were done which shows there will be a reduction in the amount of fill needed. Michelle Chase, Town Engineer, sent an email stating that her department supports waiving the requirement for borings as they get the information they need from the tests pits (soil type, seasonal high groundwater elevation, etc). She went on to say in her email that Mr. Levesque has been very accommodating with additional requests for test pits over the past few months. Motion was made by Mr. Chase and seconded by Mr. Paleologopoulos to allow for a waiver ofthe subdivision regulation requirement for soil borings for the Mariella Place Definitive Plan. VOTE 3-0 Mr. Morassi stated that the subdivision rules and regulations do not prohibit the strips that are shown on lots I and 4, the members are just trying "to do good planning" in asking for the elimination of the strips. He went on to say that maintenance of these strips is hard to enforce and they are hoping that the best solution will be found. Mr. Levesque stated that there will be a Homeowners Association for this subdivision and that maintenance of the strips will be provided for and enforced through that. • Agawam Planning Board October 21, 2010 Page 2 • Valerie Douglas, Federal Street asked if the Homeowners Association would address the maintenance of the sidewalk on Federal Street on land owned by Tirone. She stated that during the winter it is difficult for children to go up and down the hill as the Town uses a tractor to plow it and it leaves compacted snow. Mr. Levesque stated that there is a portion of that sidewalk that will be the responsibility of one of the new lot owners as the backyard to it reaches Federal Street. He stated that portion of the sidewalk could be included in the Homeowners Association documents to be maintained. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to continue the public hearing for the Definitive Plan of Mariella Place to November 4,2010. VOTE 3-0 2. PUBLIC HEARING -Zone Change -SpencerlMaple Streets -Tirone Dev. Corp. Rob Levesque presented this zone change request on behalf of Tirone Development Corp. for a 11,968 sf lot located at the comer of Maple and Spencer Streets. He explained that this property is currently zoned Residence A-2 and they are seeking a change to Residence B to allow for a duplex to be built with a driveway off of Spencer Street. Mr. Morassi asked for any public input. Paula Burke, 13 Orchard Street asked if the address for this parcel would change to Spencer Street; the number of units and garages. Mr. Levesque stated the address would be Spencer Street; two units and with attached garages and one driveway on Spencer Street. Anthony Grasso, 14 Spencer Street asked if these would be high end duplexes. Mr. Tirone stated that his son will live in one and one will be rented. The sizes will be 1,000 sfand 1,200 sf and the building will look like a single family. Mr. Grasso expressed concern over the affect on the neighborhood ifthis zone change were granted as this lot has always contained a single family residence. He stated that he is against the zone change as it will change the make-up of the neighborhood and set a precedent. He feels a single family property owner tends to take more pride in their property. Bob Burke, 13 Orchard Street questioned what affect this zone change would have on the value of surrounding properties. Letters of opposition to this zone change request from Joann Hogen, 22 Spencer Street and Sofiya Polovo of 11 Spencer Street were read at the meeting and are included in the public record. Mr. Paleologopoulos stated that the Board received a memo from the Safety Officer outlining his concerns with pedestrian, bicycle, and/or motor vehicle safety with the creation of a two family home and two driveways. He mentioned the Planning Department's report and the building inspector's verbal comment that this would be spot zoning. • Agawam Planning Board October 21,2010 Page 3 • Mr. Morassi stated that the Board is trying to plan better in town and apply more consistent zoning. He stated that he is against the zone change request. In conclusion, the members felt they should continue the hearing and hold off on voting to allow the full Board to vote. Paula Burke, 13 Orchard Street stated that she wanted to go on record as being opposed the zone change request. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to continue the public hearing for the Tirone Zone Change request to November 4,2010. VOTE 3-0 3. FORM A -North Street Ext. -VIP Homes & Associates LLC Attorney Liquori, representing VIP Homes & Associates LLC, was in attendance this evening. He stated that his client has purchased the former Montanez property. There was a lengthy discussion regarding this plan and, more specifically, the matter of rights on a paper street. Attorney Liquori stated that his client does not want to go through the paper street discontinuance process as it will be costly. Mr. Chase stated that he feels the proper way to handle this situation would be to eliminate the paper street. The members came up with many questions to pose to the Law Department. Mr. Paleologopoulos stated that the Board already has a legal opinion from the Law Department dated October 14th. The members were in agreement that some type of action must be taken on the plan tonight to avoid it being approved by default. Motion was made by Mr. Paleologopoulos and seconded by Mr. Chase to approve the plan by VIP Homes & Associates LLC on North Street Ext. under "Subdivision Control Law Not Required". VOTE 1-2 (Morassi & Chase opposed) The members asked that a memo be sent to the Law Department outlining their questions and concerns on this plan and agreed to place it on the next agenda for discussion if Attorney Liquori so desired or if he would like to resubmit the plan for that meeting. The memo to the Law Department will ask the following questions: "in your memo dated October 14, 2010 you state "the developer can proceed; however, he may only proceed so long as no other property owner has an interest in the paper street in question". Attorney Liquori represented to the Board and the new plan illustrates that the former Montanez property has been purchased by VIP Homes. However, as you can see from the attached map taken off the Towns GIS, there are other properties that abut the Alexander paper street. Do these other properties have interest in the paper street? Is there a process for discontinuance of paper streets and, if so, why isn't this process appropriate in this case? If the paper street is not discontinued, can the area which may be used as a future street be used as frontage for the benefit of one individual lot? Attorney Liquori contends that • Agawam Planning Board October 21, 2010 Page 4 • this is a totally unique situation. The Board knows that there are many paper streets throughout Agawam. If the Board were to approve this plan, would it not set a precedent?" 4. BOND STATUS -Dova Subdivision-Aimua The Performance Agreement for the Dova subdivision will expire on November 15th• Mr. Aimua has requested an extension. The last vacant lot is under construction at this time. Motion was made by Mr. Chase and seconded by Mr. Paleologopoulos to extend the Performance Agreement for the Dova subdivision to May 30, 2011. VOTE 3-0 5. NEW PERF. AGREEMENT & LETTER OF CREDIT -Farmington Heights -Hillside Development Corp. The Law Department has approved the Letter of Credit submitted for the Farmington Heights subdivision and Mr. DePalma has signed a new Performance Agreement. Motion was made by Mr. Chase and seconded by Mr. Paleologopoulos to approve and execute the new Performance Agreement and Letter of Credit for Farmington Heights. VOTE 3-0 6. APPROVAL OF MINUTES -October 7, 2010 Motion was made by Mr. Chase and seconded by Mr. Paleologopoulos to approve the minutes of October 7, 20 I 0 as written. VOTE 3-0 The meeting adjourned at 8:30 PM. • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Attorney Vincent Gioscia, Town Solicitor FROM: Planning Board :DIIJ> SUBJECT:· Form A -North St. Ext. -VIP Homes DATE: October 25, 2010 In your October 14,2010 memo you state: "The developer can proceed; however, he may only proceed so long as no other property owner has an interest in the paper street in question. Attorney Liquori represented to the Board and the new plan illustrates that the former Montanez property has been purchased by VIP Homes. However, as you can see from the attached map taken off of the Town's GIS, there are other properties that abut the Alexander paper street. Do these other properties have interest in the paper street? Is there a process for discontinuance of paper streets and, if so, why isn't this process appropriate in this case? If the paper street is not discontinued, can the area which may be used as a future street be used as frontage for the benefit of one individual lot? Attorney Liquori contends that this is a totally unique situation. The Board knows that there are many paper streets throughout Agawam. If the Board were to approve this plan, would it not set a precedent? The Board would appreciate your advice on these questions for its next meeting (November 4th). The Board was forced to take action at its October 21" meeting to ensure that the plan did not get approved by default, but it is expected to be resubmitted for the November 4, 2010 meeting. Thank you. Print • Parcel 10: 013 2 6 Owner: MONTANEZ GLORIA M Parcel Address: LT 533 ALEXANDER AV • o Interactive Map Page 1 of 1 Date: 10/22/10 1369 2738 Meters I mhtmi:file:IIC:\Documents and Settings\deborah.dachos\Local Settings\Temnorarv Tnternet Files\OT X4\no 1 O/?~I?01 0 Pamela Kerr • From: Deborah Dachos Sent: Monday, October 25,2010 11 :02 AM To: Pamela Kerr Subject: FW: North St. Ext. Form A Deborah S. Dachos, Director Agawam Office of Planning and Community Development 36 Main Street Agawam, MA 0 I 00 I (413) 786-0400, ext. 283 planning@agawam.ma.us From: David Chase [mailto:dchase@NewAliianceBank.com] Sent: Friday, October 22, 2010 3: 15 PM To: Deborah Dachas Subject: RE: North St. Ext. Form A Look Fine From: Deborah Dachas [mailto:DDachos@agawam.ma.us] Sent: Friday, October 22, 2010 12:55 PM • To: David Chase; David Chase; Mark Paleologopoulos; Michael Morassi; Travis Ward; Vi Baldwin Subject: North St. Ext. Form A Good Morning, Here's my stab at the questions to be posed to Attorney Gioscia regarding the North Street Extension Form A. Please feel free to add your changes. Thanks. Dear Attorney Gioscia, The Planning Board is in receipt of your memo dated October 14, 2010 regarding the Form A submitted by VIP Homes & Associates for land located on North Street Extension. After a lengthy discussion at its October 21 st meeting, the Board feels that there are a number of questions which still need to be answered prior to their taking action on the plan. 1. In your October 14th memo you state: "The developer can proceed; however, he may only proceed so long as no other property owner has an interest in the paper street in question. Attorney Liquori represented to the Board and the new plan illustrates that the former Montanez property has been purchased by VIP homes. However, as you can see from the attached map taken off of the Town's GIS, there are other properties that abut the Alexander paper street. Do these other properties have interest in the paper street? 2. Is there a process for discontinuance of paper streets and, if so, why isn't this process appropriate in this case? 3. If the paper street is not discontinued, can the area which may be used as a future street be used as frontage for the benefit of one individual lot? 4. Attorney Liquori contends that this is a totally unique situation. The Board knows that there are many paper streets throughout Agawam. If the Board were to approve this plan, would it not set a precedent? The Board would appreciate your advice on these questions for its next meeting. The Board was forced to take action at its October 14th meeting to ensure that the plan did not get approved by default, but it is expected to be resubmitted for the November 4th meeting. Deborah S. Dachos, Director 10/25/2010 Page 1 of2 Agawam Office of Planning and commun!evelopment 36 Main Street Agawam, MA 01001 (413) 786-0400, ext. 283 planningrtVagawam,ma.us Confidentiality Statement • Page 2 of2 This Town of Agawam electroniC message along with any corresponding attachments may contain privileged or confidential information. This information is for the use afthe intended recipient(s) only. Any disclosure, copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received this email in error, notify the sender immediately by email and delete all copies from your network. The information contained in this email message is confidential and may contain privileged information and material. Any review or use of the information contained in the email message by persons other than the intended recipient(s) is prohibited. If you are not the intended recipient, please destroy all copies of this message and its attachments and notify the sender by reply email. 10/25/2010 • Memo To: Debbie Dachos From: Vincent Gioscia, Esq. cc: Date: October 14, 2010 • Agawam Law Department Re: Form A -North Street. -VIP Homes & Assoc. LLC I reviewed the plan that you have provided. I would direct your attention to my prior memorandum regarding the legal requirements to use the property as the developer would like. The Developer can proceed; however, he my only precede so long as no other property owner has an interest in the paper street in question. • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Vincent Gioscia, Town Solicitor FROM: Planning Board SUBJECT: Form A -North Street Ext. -VIP Homes & Associates LLC ~. TE: October 6, 2010 ~ Please review and comment on the attached Form A for VIP Homes & Associates LLC for property on North Street Ext. prior to the Board's October 21" meeting. Attached is a copy of your March 17, 2010 comments on the previous plan submitted for this property. Thank you. DSD:prk Town of Agawam Law Department Memorandum To: Debbie Dachos From: Vince Gioscia Date: March 17,2010 Subject: VIP Homes & Assoc., LLC MIAR 1 8 'I.(J\O .rJl~'irh) 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 Ii 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 nu 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 corner of Alexander A venue 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 (1950). 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 (1987). 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, Page 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 Avenue 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 th"t Ms. Montanez may have in Alexander Avenue. I also do not think that th~ 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. • POWERS & LIQUORI ATTORNEYS AT LAw 84 PARK STREET • WEST SPRINGFIELD, MASSACHUSETTS 01089-3336 TELEPHONE, (413) 739-1200 MICHAEL J. POWERS, ESQ. :mpowers@powersliquori,com HAND DELIVERED Agawam Planning Board Town of Agawam 36 Main Street Agawam, MA 01001 Re: Form A Approval for FACSIMILE, (413) 739-1232 October 5,2010 VIP Homes & Associates, LLC on North Street Extension. Feeding Hills. MA Dear Planning Board Members: GARY B. LIQUORI, ESQ. gliquori@powersliquori.com Enclosed please find VIP Homes & Associates, LLC's Form A Application for Endorsement of Plan Not Believed to Require Approval. Also enclosed is my check for $50.00. Also please find 2 original mylars of the ANR and 3 copies. By copy of this letter; I am also sending another original application to the Town Clerk. Please set this up for a hearing as soon as possible. Thank you for your time on this matter. GBLkag Enclosures l' GereIY'~ 13 -~~1 ~.~iciu ri • • MEMO TO: Building Inspector FROM: Planning Board SUBJECT: Form A • North Street Ext. • VIP Homes & Associates LLC DATE: October 6,2010 Please review and comment on the attached Form A for VIP Homes & Associates LLC for property on North Street Ext. prior to the Board's October 21" meeting. Thank you. DSD:prk ,"own of Aga~am 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 WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION I1·B Agawam. MA __ ",(£.=-. _to,-be...:.:cr_1-<, ___ 2010 TO THE PLANNING BOARD: The undersigned. believing that the accompanying plan of his property ill the Town of _., Agawam does not constitute a subdivision within the meaning of the Subdivision Contr(ij' 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 Homes & Associates, UC Address 29 Avalon Place 2. Name of Surveyor Ronald H. Huot, Anderson Associates Address 375 Walnut Street Ext., Agawam, MA 01001 3. Deed of Property Recorded in Hampden County Registry of Deeds Book 16050 Page 452 ; See Book of Plans 347, ------Page 113 4. Location of Property _No.:.,:r.:..:th-,-,-S-,t..:.r_ee_t_Ex_t_e_ns_l._· o_n ___________ _ 5. Describe the proposal in this submission: Parcel B to be combined with 3.86 acre parcel of VIP Homes & Associates, UC to obtain minimt.nn frontage of at least 110 feet. . ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee -$50.00 plus $20.00 per lot. Signature of Owner -t-t-</h/, ~ Address _2 .. 9=Ava:=--l_on"",P_l"ac...,e'nrt __ _ VII> Homes &"ASsociates, UC Agawam, MA 01030 • POWERS & LIQUORI ATTORNEYS AT LAw 84 PARK STREET • WEST SPRINGFIELD, MASSACHUSETTS 01089-3336 TELEPHONE, (413) 739-1200 FACSIMILE, (413) 739-1232 MICHAE1.]. POWERS, ESQ. Dlpowers@powersliquori.com GARY B. LIQUORI, ESQ. gliquori@powersliquori.com. October 5,2010 HAND DELIVERED Agawam Planning Board Town of Agawam j ::;.; ~ , c', .::.',- 36 Main Street Agawam, MA 01001 Re: Form A Approval for VIP Homes & Associates, LLC on North Street Extension, Feeding Hills. MA Dear Planning Board Members: Enclosed please find VIP Homes & Associates, LLC's Form A Application for Endorsement of Plan Not Believed to Require Approval. Also enclosed is my check for $50.00. Also please find 2 original mylars of the ANR and 3 copies. By copy of this letter; I am also sending another original application to the Town Clerk. Please set this up for a hearing as soon as possible. Thank you for your time on this matter. GBL:kag Enclosures (. . • . 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 FORMWITH THE PLANNING BOARD AND ONE COpy WITH T J-JETOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA __ ~o!-=-t=o:.::be-=-r~l:.!., ___ 2010 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 Homes & Associates, ILC Address 29 Avalon Place 2. Name of Surveyor Ronald H. Huot, Anderson Associates Address 375 Walnut Street Ext., Agawam, MA 01001 3. Deed of Property Recorded in Hampden County Registry of Deeds Book 16050 Pag 452 ; See Book of Plans 347, e Page 113 4. Location of Property _No_r_th_S_t_r..:.ee_t_E_xt_e_n_sl:_· o_n ___________ _ 5. Describe the proposal in this submission: Parcel B to be combined with 3.86 acre parcel of VIP Homes & Associates, LLC to obtain minimum frontage of at least 110 feet. co ATTACHMENTS -Two originals and three copies of plan by certified land surveyor. Filing Fee -$50.00 plus $20.00 per lot. Signature of Owner tu...../ t1I", .... '''.;;Z!"1 Address 29 Avalon Place VIP Homes & Associates, ILC Agawam, MAO OlWO • Agawam Planning Board March 4, 2010 Page 6 • agreed to provide shielding. 2) Concrete Pad -Mr. Calabrese stated that he will remove the pad and seed the area. The dumpster had previously been placed there but was moved as it was not in the location as approved. He stated that he would like to have put a picnic table on it but he will now remove it. 3) Extra parking space -he stated that he would remove that also. The Board members did not feel the extra space was a material change and they did not feel it needed to be removed. Mr. Calabrese then spoke of the water pooling/ponding issue. He stated that the drainage pipe is the correct size and was installed correctly and was inspected and approved by the Engineering Department. Ms. Dachos showed him a photo of the ponding water that Mr. and Mrs. DeCaro submitted at the last meeting. Mr. Calabrese stated that there were leaves blocking the grate and that's what caused that situation. He went on to say that the Engineering Department witnessed a 10' x 5' area with two inches of water that was gone by the end of the day. He also stated that there is no way that water is going over the catch basin onto the DeCaro's property and that he built up the back of the berm by 4'. He stated that he would take pictures of every rain event in April and submit them to the Board the first week in May. He then brought up the fence around the detention pond that has not been constructed. He stated that since it is private property the Town would not have liability over the detention basin. He submitted letters from abutters who support having no fence around the basin. Ms. Dachos explained that the Planning Board requires a fence around a detention pond in any residential area. Mr. Ward stated that the fence is shown on the approved plan and therefore must be installed. The plan shows a white vinyl fence. Mr. Calabrese agreed to install the fence. At this point Mr. Ward summarized what was agreed upon this evening: lights to be shortened and shielded on the DeCaro side; dumpster pad is to be removed; pooling of water -will wait til end of April to revisit. Mr. DeCaro stated that he has had to put up with this drainage problem all winter and that there is a "skating rink" there. Mr. Ward explained that they are doing all they can to resolve these issues. Ms. Baldwin stated that they will address what they can now. Mr. Paleologopoulos stated that the Board's previous letter stated that Mr. Calabrese should have D.L. Bean check the invert on the detention basin to certify it is functioning properly. Mr. Ward added that to this evening's summary and also that the fence shall be installed around the detention basin per the approved plan. This matter will be put on the Board's last meeting in April or first meeting in May. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to amend the agenda to include the "add-on's". VOTE 3-0 5. FORM A -North Street Ext. -VIP Homes This Form A is the same plan that was submitted last year and denied by the Planning Board. The property contains a paper street. Attorney Gary Liquori was in attendance as well as Ron Huot, R.L.S. who drew this plan and Vladimir Ruha of VIP Homes. Attorney Liquori stated that there will be a transfer of fee interest to VIP Homes on a • Agawam Planning Board March 4, 20 I 0 Page 7 • portion of this property. Ms. Dachos explained that the ROW has never been abandoned and that it was explained to his client a year ago that there is a process to go through to abandon a paper street. Attorney Liquori agreed there is a process through Land Court but that will put an added expense on his client. After discussion, he stated that he would be willing to withdraw the plan this evening to allow two weeks to investigate the matter. He submitted a written request this evening. Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin to accept the applicant's withdrawal this evening of the Form A for property on North Street Ext. by VIP Homes. VOTE 3-0 The meeting adjourned at 9:00 PM. • Agawam Planning Board March 4, 2010 Page 1 MEMBERS PRESENT: Travis P. Ward, Chairman Violet Baldwin Mark Paleologopoulos MEMBERS ABSENT: Michael Morassi ALSO PRESENT: Deborah S. Dachos Pamela R. Kerr AGAWAM PLANNING BOARD March 4,2010 Mr. Ward called the meeting to order at 7:00 PM. • 1. APPROVAL OF MINUTES -January 21 & February 18,2010 Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to table the January 21,2010 minutes to allow for corrections/additions. VOTE 3-0 Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin to approve the minutes of February 18, 2010 as written. VOTE 3-0 2. SITE PLAN -1504 Main Street -Twisty's -Cirillo Tony Cirillo was in attendance this evening to present this Site Plan which shows an existing deck to be enclosed (286 SF) and an addition to the existing kitchen (360 SF). He stated that a handicapped bathroom will be part of the new addition and that there will be seating for 18 with these projects. Mr. Ward asked what the addition would be supported with. Mr. Cirillo stated 2" x 10"'s and sauna tubes. Ms. Baldwin asked whether the dumpster had been fenced as was called for on the original site plan approval. Mr. Cirillo stated that dump trucks that were accessing the dumpster had hit the fence and he had removed it. He stated that he will install the stockade fence around the dumpster as was originally approved. Mr. Paleologopoulos asked if the same amount of seating would exist as with the deck. Mr. Cirillo stated there would be less due the additional of the hlc bathroom. Ms. Baldwin asked whether he had Conservation Commission approval for this plan. Mr. Cirillo stated no, the plan was being revised and that he goes back before the Commission next week. Ms. Dachos stated that DEP sent a response that an incorrect filing fee was submitted and they will not start their review • Agawam Planning Board March 4, 20 10 Page 2 • until that is resolved. She then went over her review of this plan: the standard landscaping note is to be added to the plan; and asked about exterior lighting. Mr. Cirillo stated that there are two new telephone poles with lights and also attached lights on both sides of his door. Ms. Dachos stated that the proposed lighting must be shown on the plan as well as the existing and cut sheets and dimensions should be provided. Mr. Ward reminded Mr. Cirillo that all lighting must be shielded and no wall packs should be proposed. Ms. Dachos then pointed out that sine the November, 2007 site plan approval, two major alterations have occurred at this site: large refrigeration unit located at the rear of the kitchen and a deck was constructed for another refrigeration unit. Mr. Cirillo stated that the first item is a freezer on wood pallets which he stated is not bolted down. He went on to say that the Conservation Commission has asked that the plan be revised to show that unit and deck. Mr. Paleologopoulos asked if the chimney that is shown is functional. Mr. Cirillo stated it is used to vent his hot water heater only. Ms. Dachos then brought up a letter from Mass. Highway Department from October, 2008 where Mr. Cirillo was instructed to remove the large boulders from the highway layout. . Mr. Cirillo stated that he put the boulders there for safety and decoration and that he originally had peastones which he removed at the request for MHD and then put in the boulders with decorative mulch. He agreed to contact MHO and move the boulders back further. He then went on to say that he originally wanted to construct these additions for this season however, he may not do it until November. Mr. Ward then asked about the February 18, 2010 Engineering Department comments. Mr. Cirillo stated that he will contact Engineering regarding the comments as he feels this use is grandfathered from having to install an oil/grease separator. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to table the Site Plan for Twisty's, 1504 Main Street to the next meeting to allow for Mr. Cirillo to address the following: show both refrigeration/freezer units on the plan; show all existing and proposed lighting on plan; add the landscape maintenance note to the plan; provide the stockade fence around the dumpster; gain approval from the Conservation Commission. VOTE 3-0 3. SITE PLAN -Six Flags New England -2010 Park Improvement Projects John Furman of VHB was in attendance as well as Larry Litton and Chuck Davis of Six Flags New England. Mr. Furman explained that there are six different projects contained in this site plan submission and he went over each project for the Board: I) VIPlEmployee Entrance -He explained that this project proposes a new entrance for employees and deliveries on the southern end of the Park and that the purpose is to establish a parking entrance for VIP guests, separating this traffic from employee and delivery traffic. The improvements for the existing curbcut which will become the VIP Entrance include minor widening and streamlining of traffic flow to allow traffic alignment towards two new attendant booths. The booths will service vehicles from each side, providing four lanes. Once exiting • • Agawam Planning Board March 4,2010 Page 3 the booths, guests merge into the same traffic lane which is utilized under the existing conditions to access the VIP parking lot. He stated that the Planning Department's review of this plan states that no landscaping plan has been provided and the location of the new driveway in relation to the existing residences is a concern. Mr. Furman stated that some landscaping exists in this area and they will review it and supplement it, if necessary. Ms. Baldwin asked if additional lighting was being proposed in this location. Mr. Furman stated no and that the existing signage is sufficient and they are not proposing more signs at this time. Mr. Ward stated that initially, employees may not be aware of the new entrance and suggested a small sign. Mr. Davis agreed that may be an issue but they are not too concerned as they employees will go through training with human resources and will be informed of the proper entrance at that time. Larry Litton, General Manager of Six Flags stated employee orientation includes a video and addresses where they should park or be picked up/dropped off. Mr. Paleologopoulos stated that patrons may also try to use this entrance. Mr. Litton stated that he is not opposed to additional signage if it is needed. Mr. Furman then briefly went over the Engineering Department comments which include the need for additional stormwater calculations and stated that these will be addressed. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the new entrance for Six Flags New England with the following conditions: the existing landscaping be supplemented if necessary; signage be reviewed and additional sign to be provided if necessary; the Engineering Department comments dated March 4, 20 10 are to be addressed. VOTE 3-0 2) Mr. Six Splash Island -This project involves the partial redevelopment of an existing area within the Water Park and includes the addition of a small water feature - a zero entry pool with a water depth of approximately 1.5 feet. An existing drain line will be relocated around the pool footprint. The location is in the vicinity of two other existing pools and will include concrete pad areas for the addition of shade structures. The area is designed to allow moveable seating/lounges to be positioned around the three pools. The footprint of the water patk must expand to provide clearance for the new water feature. This expansion will reduce the VIP parking area located adjacent to the Water Park. The expansion is approximately 4,776 sf and will reduce the number of parking spaces by 19 spaces (from 293 to 274). Mr. Paleologopoulos asked what type of shade structures are being proposed. Mr. Davis stated they would be wood structures with metal roofs. At this point an abutter to the Park asked Mr. Ward ifhe could speak. Ed Czelazewicz, 1720 Main Street asked how many patrons would be allowed in the pool. He stated that the noise level that exists is intolerable. He asked if an additional sound barrier was being proposed. Mr. Davis stated that the capacity for this pool is less than 150 people and that this attraction will not add to the density of the Water Park. Mr. Czelazewicz stated that the attractions are getting closer to Main Street and he is very concerned with the noise levels. He stated that he feels the Town should enforce DEP's • Agawam Planning Board March 4, 2010 Page 4 • noise policy. Mr. Ward explained that this is an allowed use. Although this was not a public hearing there was another member of the audience who asked to speak. Gary Liquori, Barry Street spoke in favor of Six Flags as being a good business for the town. Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin to approve the Mr. Six Splash Island for Six Flags New England. VOTE 3-0 2) Walk-Up Johnny Rocket Restaurant -Mr. Furman explained that this project is the proposed installation of an 864 sf restaurant within the existing Water Park which is intended to be a walk-up. He stated that the proposed area is currently pavement. An exterior grease trap will be installed for this. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to approve the Walk-up Johnny Rocket Restaurant for Six Flags New England. VOTE 3-0 3) Kodak Meet-N-Greet (2) -Mr. Furman explained that there are two Kodak Meet N Greets proposed: One within the existing park midway and the second near the entrance to Crack-Axle Canyon. He stated that these are areas where park guests can meet park characters and obtain pictures with them. The areas consist of three components: a scheduling sign advertising the times for guests to meet the characters; the Meet-N-Greet area which consists of cloth tent over a concrete pad and a concrete pad for the Kodak Photo Booth. Motion was made by Mr. Paleologopoulos and seconded by Ms. Baldwin to approve the two Kodak Meet-N-Greets for Six Flags New England. VOTE 3-0 4) New Warehouse -Mr. Furman explained that this is a proposed 38,000 SF facility located at the southeast corner of the park. He stated that there will be approximately 2,000 SF of office space in the front; approximately 34,000 SF of warehouse space; and exterior coolers (8' to 10' high). The building will be 40' tall. He went on to say that approximately 28 parking spaces (2 hlc spaces) will be provided for the offices. He stated that this plan addresses comments he received at the Team Meeting for the project and went on to say that the location for this warehouse is was chosen as this area is "boxed in" with the Connecticut River and a Tennessee Gas Pipeline easement that runs through the property. He stated that there is an existing sound wall which will be at the rear of the building. Ms. Baldwin asked about trucking stacking. Mr. Furman stated that they expect approximately 28 deliveries a week or four trucks per day. Ms. Dachos stated that there is an immediate abutter to the south and providing stacking room furthest • • Agawam Planning Board March 4, 2010 Page 5 away from this area would be better for idoling trucks. Mr. Furman stated that there is a five minute idoling state policy and that the proposed stacking area is approximately 100' from the back of the vehicles to the existing residences. Mr. Paleologopoulos asked if this area would be striped for clarity. Mr. Furman stated they could add stripes to the pavement. Mr. Ward suggested striping or a sign and then asked for more information on the sound wall comment by the Engineering Department. Mr. Furman stated that their plan shows fill being placed at the rear of the warehouse on both sides of the sound wall and that the building inspector has stated that the placement of the fill will make the sound wall no longer 20' high. Mr. Furman then stated that the sound wall was installed as part of the Superman Ride and that the height of that ride has not changed. They will be seeking an advisory opinion from the Board of Appeals. He went on to say that their next option would be to construct a small retaining wall between the sound wall and the building -no fill would be placed up against the wall and nothing would be done to the back side of the wall. He then went over the stormwater management comments by the Engineering Department and stated that a water quality swale along the southern property line is proposed with a drywell. Ms. Dachos asked if there would be standing water in the swale. Mr. Furman stated the soils in this area are compacted and they don't anticipate any issues with it draining. He went on to say that the swale allows for maximum infiltration and water would not over-top the swale. Mr. Paleolgopoulos then asked if anything different would be stored in the warehouse. Mr. Davis stated just food and merchandise. Mr. Paleologopoulos asked what their plans are for the existing warehouse. Mr. Davis stated that they will continue to use it for storage. Mr. Furman they stated that the only lighting proposed is on the sides of the building. Mr. Ward stated that the lights must be shielded. Mr. Davis stated that there will be no light on the south end of the building. Ms. Dachos questioned whether the lights would be visible over the top of the sound wall. Mr. Furman stated no. The members agreed that this item be tabled to allow for outstanding comments to be addressed. Ms. Baldwin and Mr. Paleologopoulos stated that they would be making a site visit prior to the next meeting to view the area of the warehouse. Motion was made by Ms. Baldwin and seconded by Mr. Paleologopoulos to table the new warehouse for Six Flags New England to the next meeting to allow for the Engineering Department comments to be addressed and for any design changes that may be necessary. VOTE 3-0 4. DISCUSSION -Meadow Street -correspondence re: apartments Chuck Calabrese was in attendance this evening as well as Mr. and Mrs. DeCaro. Mr. Calabrese prepared a written response for the Board members regarding the letter sent by the DeCaro's attorney. I) Lights -Mr. Calabrese agreed to cut the poles down to 7'. He stated that he chose the lights out of a catalog and didn't realize they were taller than the approved lighting. Mr. Ward stated that the lights must also be shielded. Mr. Calabrese Date: 10/6/2010 To the Department Officer maki<Ae Payment: • Received of .owers & Liquori. Attorneys at Law .... Listed Above -=,-,, ___ _ the sum of __ --------------.:::5;::.0.:::0;::0---==_=_ Dollars forth. Form A Filing Fee ending 10/6/2010 forcollectk Treasurer /