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8682_PRELIMINARY PLAN - JASMINE LANE.pdf~ . •• • Town of Agawam . 36 Main Street Agawam, Massachusetts 01001-1837 February 12,2013 VadimKot P.O. Box 1041 Tel. 413-786-0400 Fax 413-786-9927 West Springfield, MA 01090 Dear Mr. Kot: "" = w ..., rrr OJ w );>0 ::c Q) U1 a-. r At its duly called meeting held on February 7, 2013, the Agawam Planning Board approved the Preliminary Plan entitled "Preliminary Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P,O. Box 1041 West Springfield, MA' Prepared by: Anderson Associates Land Surveyor, Land Planning Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA" dated June 2012, revised 12/11/12 with the following condition: Engineering Department comments dated December 11,2012 (attached) shall be addressed; a mylar of this plan is to be submitted to the Planning Board for signatures. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, 7~P~J~D Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPW IDSD:prk cc: Eng. Dept. Town Clerk File '.'";< ,:-; --~-=2--------"~ .. ----------~.L----------- To: CC: From: Date: SubJect: Planning Board TOWN OF AGAWAM Department of Public Works 1000 Suffield Street • Agawam, MA 01001 Tel (413) 821 0600 • Fax (413) 821 0631 Christopher J. Golba • Superintendent MEMORANDUM Anderson Associates / File Engineering Division December 11,2012 519 Cooper Street -Kot: Preliminary Plan Review and Waiver Request Per your request, Engineering has reviewed the plan entitled "Preliminary Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P.O. Box 1041 West Springfield, MA; Prepared by: Anderson Associates Land SlDVeyor, Land Planning Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA; Scale: 1" = 40'; Revised: 12111112," and we have the following comments: 1) Test pits will be required to detennine the existing water table. The results should be shown on the plans. The following comments shall be addressed in the. Definitive plan submittal: 2) Engineering has reviewed the request to waive the requirement that there be 300' between intersecting streets. Although the proposed street will be well within 300' of Brien Street, there will not be a significant amount of vehicular traffic in and out of the subdivision. Also, visibility between the two streets should be unobstructed. Engineering recommends approval based on the following conditions: - a) An engineering sight distance study with supporting measurements and calculations be required to determine if adequate stopping sight distance exists at the: proposed intersection in both directiOllB. b) Intersection warning signs will be required on Cooper Street in both directions. Signs shall meet aU current MUTCD standards. . 3) Based on some preliminary calculations, it appears that there will not be enough cover to sewer Lots 5, 4 and maybe Lot 3 by gravity while maintaining the minimum of 4 feet of cover. The plans will need to be revised during the definitive phase. 4) The grading at the back of lots 1-4 sha1J maintain the natural drainage swale which directs stormwater runofffrom the back of the properties on Tracy Drive to the wc:t1and located to the northeast of the proposed subdivision. Engineering reserves the right to make additional comme:nts as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, rV~C?MM"- Vladimir Caceres Civil Engineer I Michelle C. Chase, P. Town Engineer • January 17, 2013 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam,MA Dear Planning Board, Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts OlO75 TeL 413 525-4145 Fax 413 273-1776 We are requesting that the application Form B for Preliminary Subdivision of property at 5 I 9 Cooper Street be continued until the next meeting so that the purchase and sale agreement can be resolved. incerelY, I \ ~> Ronald R. Huot PLS 0) el/~3/2B13 17:29 4135339975 , January 3,2013 Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 fax 413 273-1776 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam.,MA Dear Planning Board, • We are requesting tha.t the application Fonn B fOJ: Preliminary Subdivision of PlOpext}' at 519 Cooper Street be continued until the next meeting so that the pux-chase and sale agreement can be resolved. Sincerely, M /j " f, .'-J----<~L<"";OCC .. ~. Ronald R. Huot PLS . PAGE Bl l Bl To: CC: From: Date: Subject: Planning Board ( l TOWN OF AGAWAM Department of Public Works 1000 Suffield Street • AKawam, MA 01001 Tel (413) 8210600 • Fax (~") 821 0631 Christopher J. Golba • SuperinteDdeDt MEMORANDUM AndersoD Associates f File EngineeriDg Division December 11,2012 519 Cooper Stn:et -Kot: Preliminary Plan Review and Waiver Request Per your request, Engineering bas reviewed the plan entitled "PrelimjMry Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P.O. Box 1041 West Springfield, MA; Prepared by: ADderson Associates Land Surveyor, Land PlaMing Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA; Scale: I" = 40'; Revised: 12/11112," and we have the following comments: 1) Test pits will be required to determine the existing water table. The results should be shown on the plans. The following comments shall be addressed in the. Definitive plan submittal: 2) Engineering has reviewed the request to waive the requirement that there be 300' between iDter5ecting streets. Although the proposed street will be well within 300' of Brien Street, there will not be a significant amount ofvehicular traffic in and out of the subdivision. Also, visibility between the two streets should be unobstructed. Engineering recommends approval based on the following conditions: a) An engineering sight distance study with supporting measurements and calculations be required to determine if adequate stopping sight distance exists at the proposed intersection in both directions. b) Intersection warning signs will be required on Cooper Street in both directions. Signs sbalJ meet all current MUTeD standards. 3) Based on some preliminary calculations, it appears that there will not be enough cover to sewer Lots 5, 4 and maybe Lot 3 by gravity while maintaining the minimum of 4 feet of cover. The plans will need to be revised during the definitive phase. 4) The grading at the back of lots 1-4 shall maintain the natural drainage swale which directs stormwater runoff from the back of the properties on Tracy Drive to the wetland located to the northeast of the proposed subdivision. EngineeriDg reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, /]/~r?UuM.- Vladimir Caceres Civil Engineer I 177LUL~ Michelle C. Chase, r ~ Town Engineer 12/87/2812 86:33 December 6, 2012 Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fax 413 273-1776 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam,MA Dear Planning Board, • We are requesting that the application FOnD B for Preljminary Subdivision PAGE 81181 of property at 519 Cooper Street be continued until the next meeting to allow time to add the items requested at the meeting to be completed. Sincerely, (. .' III d---" 'onald R. Huot PLS ~ 12/05/2012 11:55 • ' .;/> :~".:"" '.~ . ;"::;~~.t ,~' .... /, .:~ .... , ~"" . jr:.;;;.~ .. v:-. ~~'?(" « ..... I : ....... _.!'_ ..• , .. , .. "', .. ':'(~. '< •. ' -:-'", :t "!.'. , I 14138.31 AGAWAM DPW • TOWN OF AGAWAM Department of Public Works 1000 Suffield Street • Agawam, MA 01001 Tel (413) 821 0600 • Fax (413) 821 0631 Christopher J. Golba • Superintendent MEMORANDUM To: Planning Board CC: From: Date: Subject: Anderson Associates / File Engineering Division December 6, 2012 519 Cooper Street -Kot: Preliminary Plan, Review and Waiver Request PAGE 01/03 Per your request, Engineering has reviewed the plan entitled "PreJimil1.3l'Y Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P.O. BOl< 1041 West Springfield, MA; Prepared by: Anderson Associates Land Surveyor, Land Planning Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA; Scale: In = 40'; Revised: 11/15/12," and we have the following comments: 1) Test pits will be required to determine the existing water table. The results should be shown on the plans. 2) Please show locus map on the plans. The following comments shall be addressed in the Deflllitive plan submittal: 3) Engineering has reviewed the request to waive the requirement that there be 300' between intersecting streets. Although the proposed street will be well within 300' of Brien Street, there will not be a significant amount of vehicular traffic in and out of the subdiv:ision. Also, visibility between. the two streets should be unobstructed. Engineering recommends approval based on the following conditions: a) An engineering sight distance study with supporting measurements and calculations be required to determine if adequate stopping sight distance exists at the proposed intersection in botb directions. b) Intersection warning signs will be required on Cooper Street in both directions. Signs shall meet all current MUTeD standards 4) Additional details regarding th.e parcel transfer to "NIF Sheppard" should be required to avoid any issues in the future. 5) Ba.~ed on some preliminary calculations, it appears that there will not be enough cover to sewer Lot 4 and maybe Lot 3 by. gravity while maintaining the roinimwn of 4 feet of Cover_ The plans will need to be revised during the definitive phase. 6) The grading at the back of lots 1-4 shall maintain the natural drainage swale which directs storm.water mnofffrom the back of the properties on Tracy Drive to the wetland located to the northeast of the: proposed subdivision. 7) The pt'oposed property line between Lots 3 and 4 should be revised to a more appropriate location that will provide usable space for tbe owner of Lot 3. 8) The proposed sanitary sewer manhole at station 4+26 is not connected to tbe proposed sanitary sewer line. Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, 12/06/201 2 11 :56 /~~> Vladimir Cacere~ Civil Engineer I AGAWAM DPW • PAGE 02/03 fl{Jj({b- Town Engineer ( • November 15, 2012 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam,MA Dear Planning Board, Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 TeL 413 525-4145 Fax 413 273-1776 • We are requesting that the application Form B for Preliminary Subdivision of property at 519 Cooper Street be continued until the next meeting to allow time to add the items requested at the meeting to be completed. • • MEMO TO: Engineering Department FROM: Planning Board SUBJECT: Revised Plan -Preliminary Plan -Cooper Street -Kot DATE: November 16,2012 Please review and comment on the attached revised Preliminary Plan for Kot on Cooper Street prior to the Board's December 6th meeting. Thank you. DSD:prk • November 13, 2012 Re: Vadim Kot 519 Cooper Street Agawam,MA Environmental Study Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01001 Tel. 413 525-4145 Fax 413 273-1776 The proposed subdivision is consistent with the Town Master Plan and conforms to the existing zoning (Res A-2 and Agriculture) which allows for the development of three lots and one existing lot that fronts on Cooper Street. The existing topography shows that for the most part is a fairly flat parcel of open area and no large trees. The soils are classified as WnA Windsor soils which are sandy and well drained. The estimated water table is estimated at being greater than 6 feet. The site has access to both Town sewer and water and the proposed three single-family homes will have minimal impact on these services. The developer is going to construct an on site detention system for drainage. The site does not have any wetlands on the site but abuts areas of concern which have been mapped and now been approved by the Agawam Conservation Commission. The developer will file an abbreviated Notice or full Notice of intent with the Commission when the fmal plans are draw. The development will have minimal vehicular traffic as only three homes are proposed. The site will not have any hazardous materials stored or produced on site. Sincerely, 11/15/2012 16:07 14138210631 AGAWAM DPW TOWN OF AG\W AM Department of Public Works 1'0: cc: From: Date: Subject: • Pla.nning Board 1000 Suffield Street • Aga",am, MA 01001 Tel (413) 8210600 • Fa:.: (413) 821 0631 Christopher .J. Golba • Superintendent MEMORANDUM Anderson Associates I File Engineering Division November 15,2012 519 Cooper Street -Kot: Preliminary Plan Review and Waiver Request PAGE 01/1'l2 Per your request, Engineering has reviewed the plan entitled "Preliminary Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P.O. Box 1041 West Springfield, MA; Prepared by: Anderson Associates Land Surveyor, Land Planning Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA; Scale: 1" = 40'; Revised: 11/1/12," and we have the following comments: 1) Engineering has reviewed the request to waive the requirement that there be 300' between intersecting streets. Although the proposed street will be well within 3 00' of Brien Street, there will not be a significant amount of vehicular traffic in and out of the subdivision. Also, visibility between the two street:! should be unobstructed. Engineering recommends approval based on the following conditions: a) An engineering sight distance study with supporting measurements and calculations be required to determine if adequate stopping sight distance exists at the proposed intersection. b) Intersection warning signs will be required OD Cooper Street in both directions. Signs shall meet all current MUTCD standards 2) Existing and proposed topography lines need to be added to the plans. 3) Test pits will be required to determine the existing water table. The results should be shown on the plans. The following comments sball be addressed in the Defmitive plan submittal: 4) Based on some preliminary calculations, it appears that tl\ere will not be enough covet to sewer Lot 4 and maybe Lot 3 by gravity while maintaining the minimum of 4 feet of cover. The plans will need to be adjusted during the definitive phase. 5) The maximum distance allowed between drain manholes is 300 feet. The applicant is proposing 420 ft. 6) The grading at the back of lots 1-4 shall maintain the natural drainage swale which directs stormwater runoff from the back of the properties on Tracy Drive to the wetland located to the northeast of the proposed subdivision. Engineering reserves the right to 11I.ake additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, ~~~ Vladimir Caceres Civil Engineer I /jJlM(lk Michelle C. Chase, P.E. Town Engineer • November 13,2012 Re: Vadim Kot 519 Cooper Street Agawam,MA Environmental Study Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01001 Tel. 413 525-4145 Fax 413 273-1776 The proposed subdivision is consistent with the Town Master Plan and conforms to the existing zoning (Res A-2 and Agriculture) which allows for the development of three lots and one existing lot that fronts on Cooper Street. The existing topography shows that for the most part is a fairly flat parcel of open area and no large trees. The soils are classified as WnA Windsor soils which are sandy and well drained. The estimated water table is estimated at being greater than 6 feet. The site has access to both Town sewer and water and the proposed three single-family homes will have minimal impact on these services. The developer is going to construct an on site detention system for drainage. The site does not have any wetlands on the site but abuts areas of concern which have been mapped and now been approved by the Agawam Conservation Commission. The developer will file an abbreviated Notice or full Notice of intent with the Commission when the final plans are draw. The development will have minimal vehicular traffic as only three homes are proposed. The site will not have any hazardous materials stored or produced on site. NOV 14 2012 PL~\f~'\\\ \ NG bUI,hU • • PRELIMINARY PLAN REVIEW OFFICE OF PLANNING & COMMUNITY DEVELOPMENT (Revised) Reviewer: D. Dachos Date Received: July 26,2012 November 13,2012 Distribution Date: July 27,2012 Planning Board Meeting Date: November 15, 2012 Mandatory Date for Final Action: November 15 ,201 2 Name of Applicant: Vadim Kot Address: P.O. Box 1041 , West Springfield, MA Address of Property: 519 Cooper Street, Agawam, MA 01001 Name of Subdivision: No Name Number of Lots: 4 Deposit: $325.00 Preliminary Plan Content Statement of Interest in Land: Submitted Location map of site and surroundings: Submitted Environmental Study: Not provided Relationship to zoning, Master Plan, etc: Property zoned Res. A-2 and Agriculture. Existing topo, water table, etc.: A Determination of Applicability with the Conservation Commission has been submitted. The wetlands boundaries have been approved. A Notice of Intent must be filed. Impacts of proposed development: Since there is no Environmental Study submitted, the possible impacts of the proposed development have not been addressed. See professional staff reviews. The applicant is requesting a waiver ofthe 300' between intersecting streets. There is a 25' reserve strip on the north side of the proposed street. Other: Lot survey with existing easements, abutters, zone lines, and existing streets: O.K. Topographic Plan: Revised plan submitted for Conservation Commission consideration must be submitted to the Planning Board. Existing contours at 2' intervals: O.K. Environmental elements: Not provided. Proposed streets and lot lines: O.K. • • Sewage, water and drainage: See Engineering comments. The information depicted on this map is for planning purposes only . It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. 11/13/2012 3:39: 14 PM ® 1 :4824 1"=402' I • • I / '1 .. • ./ I r • , ~ , ~ The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. • 9 , ... ' / ~~ ,-ell 11 /13/20123:38 :10 PM • • • •• ./, eN 1:4824 1"=402' • I • Memorandum To: Planning Board CC: Chief Robert Campbell From: Sergeant Donald Gallerani Subject: Waive Request-Preliminary Plan-Cooper St.-Kot Date: November 8,2012 The Kot subdivision plan for Cooper Street in the vicinity of#519 Cooper Street has good visibility to the right (north) as you would exit the street. However, the visibility to the left (south) has obstructions from the 3 pine trees and 1 deciduous tree in the front yard of #519 Cooper Street. These obstructions would make it difficult to exit the street safely. Respectfi lly §L onald Gallerani Safety Officer Agawam Police Department •• • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Engineering Department, Safety Officer FROM: Planning Board SUBJECT: Waiver Request -Preliminary Plan -Cooper Street -Kot DATE: November 6, 2012 Attached please find a waiver request that was submitted with regard to the Preliminary Subdivision Plan for Kot on Cooper street. Please provide your input on this request to the Board prior to their November 15th meeting. Thank you. TPWIDSD:prk • October 31, 2012 Re: Vadim Kot Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01001 Tel. 413 525-4145 Fax 413 273-1776 519 Copper Street Agawam,MA To Agawam Planning Board, This is to request a waiver from the planning board subdivision regulation Section 159-8 requirement that there be 300' between intersecting streets. The distance from the proposed street to Tracy Drive is over three hundred feet but the distance to Brien Street is 55'+-. This intersection is between the existing City of Springfield Water Easement, which is 100' wide and has excellent visibility since there are no visual obstructions. Ronald R. Huot PLS RECEfVED NOV 01 2012 Fl.ANNJNG BON1lJ • Anderson Associates 375 Walnut Street Ext. • P.O. Box 382 Agawam, Massachusetts 01001 Tel. 413 525-4145 October 31,2012 Re: Vadim Kot 519 Copper Street Agawam,MA Fax 413 273-1776 To Agawam Planning Board, This is to request a waiver from the planning board subdivision regulation Section 159-8 requirement that there be 300' between intersecting streets. The distance from the proposed street to Tracy Drive is over three hundred feet but the distance to Brien Street is 55'+-. This intersection is between the existing City of Springfield Water Easement, which is 100' wide and has excellent visibility since there are no visual obstructions. incereiy, /~~ Ronald R. Huot PLS RECEIVED NOV 01 2012 F~L.t~NING BOAHiJ • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD November 5, 2012 Dear Abutter: Vadim Kot has submitted a Preliminary Subdivision Plan for property located on Cooper Street. The property contains approximately 2.5 acres and the proposal is to subdivide it into four (4) lots. The Planning Board will be reviewing this plan at their November \Slh meeting which begins at 7:00 PM and will be held at the Agawam Public Library, 750 Cooper Street. If you have any questions you may contact this office at 786-0400, extension 8245. Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk 11/01/2012 19:19 4135339975 • November 1, 2012 Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fax 413 273-1776 Re: Preliminary Subdivision VadimKot 519 Cooper Street AgawBm,MA Dear Planning Board, We are requesting that the application Form B for Preliminary Subdivision PAGE 01/01 of property at 519 Cooper Street be continued until we have an environmentalist evalllate and flag if necessary the resource areas and a determination can be made for the suitability of developing this property. 10/18/2012 16:37 4135339975 • October 18,2012 Anderson A!lsociates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fu 413 273-1776 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam,MA Dear Planning Board, • We are requesting that the application Fonn B for Preliminary Subdivision of property at 519 Cooper Street be continued until we have an environmentalist evaluate and flag if necessary the resource areas and a detennination can be made for the suitability of developing this p~operty. PAGE 011e1 • October 3, 2012 Re: Preliminary Subdivision Vadim Kot 519 Cooper Street Agawam,MA Dear Planning Board, Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fax 413 273-1776 c We are requesting that the application Form B for Preliminary Subdivision of property at 519 Cooper Street be continued until we have an environmentalist evaluate and flag if necessary the resource areas and a determination can be made for the suitability of developing this property. RECFiVED OCT 0 4 LU12 August 29, 2012 Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fax 413 273-1776 Re: Preliminary Subdivision Vadim Kot 519 Cooper Street Agawam,MA Dear Plarming Board, We are requesting that the application Form B for Preliminary Subdivision of property at 519 Cooper Street be continued until we have an environmentalist evaluate and flag if necessary the resource areas and a determination can be made for the suitability of developing this property. ~~ Ronald R. Hu{iLS • August 10,2012 Anderson Associates 375 Walnut Street Ext. P.O. Box 382 Agawam, Massachusetts 01075 Tel. 413 525-4145 Fax 413 273-1776 Re: Preliminary Subdivision VadimKot 519 Cooper Street Agawam,MA Dear Planning Board, We are requesting that the application Ft B for Preliminary Subdivision of property at 519 Cooper Street be 'l. ill J .. 11 until we have an environmentalist evaluate and flag if necessary the resource areas and a determination can be made for the suitability of developing this property. Sincerely, ' (J4~:J7~ Ronald R. Huot PLS • TOWNOFAQAWAM ,- Department of Public Works 1000 Suffield Street • Agawam, MA 01001 Tel (413) 8210600 • Fax (413) 821 0631 Christopher J. Golba • Superintendent MEMORANDUM To: CC: Anderson Associates I Vadim Kot Planning I File From: Engineering Division Date: August 14,2012 Subject: Preliminary Plan -519 Cooper Street -Kot Per your request dated July27, 2012, Engineering has reviewed the plan entitled "Preliminary Subdivision Plan in Agawam, MA; Prepared for: Vadim Kot, P.O. Box 1041 West Springfield, MA; Prepared by: Anderson Associates Land Surveyor, Land Planning Consultant, Site Design, 375 Walnut Street Ext. Agawam, MA; Scale: I" = 40'; Date: June 2012," and we have the following comments: 1. The proposed road will need to connect to Cooper Street at a 90 degree angle. Also, an engineering study will be required to show that adequate sight distance is achieved at this intersection. 2. Please show on the plans the distances between the center lines of proposed street, Tracy Drive and Brien Street. 3. Based on some preliminary calculations, it appears that there will not be enough cover to sewer Lot 4 and maybe Lot 3 by gravity while maintaining the minimum of 4 feet of cover. The plans will need to be adjusted during the definitive phase. 4. Test pits will be required to determine the existing water table. The results should be shown on the plans. 5. The maximum distance allowed between drain manholes is 300 feet. The applicant is proposing 420 ft. 6. The proposed grading and fence for the detention pond shall not enter the existing drainage easement. 7. The grading at the back of lots 1-4 shall maintain the natural drainage swale which directs stormwater runoff from the back of the properties on Tracy Drive to the wetland located to the northeast of the proposed subdivision. 8. It is recommended that the applicant connect the sidewalk to Tracy Drive in lieu of installing sidewalk on both sides of the new subdivision. The proposed sidewalk could end at the driveway for Lot 4. 9. The applicant should note the future plans for the existing residence #519 on Lot I. Engineering reserves the right to make additional comments as new information is submitted. If you have any questions please do not hesitate to contact this division. Sincerely, ~.C;;fA Vladimir Caceres Civil Engineer I ~{L9 Michelle C. ChaSe, P.E. Town Engineer • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD August 13,2012 Dear Abutter: Please be advised that the Preliminary Plan by Vadim Kot for property on Cooper Street has been continued and will not be reviewed at this week's Planning Board meeting as you had been notified. This office will re-notifY you when the item will be scheduled for another agenda. If you have any questions you may contact this office at 786-0400, extension 8245. Sincerely, 7~~i?~v( Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWfDSD:prk • PRELIMINARY PLAN REVIEW OFFICE OF PLANNING & COMMUNITY DEVELOPMENT Reviewer: D. Dachos August 9, 2012 Date Received: July 26, 2012 Distribution Date: July 27,2012 Planning Board Meeting Date: August 16, 2012 Mandatory Date for Final Action: September 9,2012 Name of Applicant: Vadin Kot Address: P.O. Box 1041, West Springfield, MA Address of Property: 519 Cooper Street, Agawam, MA 01001 Name of Subdivision: No Name Number of Lots: 4 Deposit: $325.00 Preliminary Plan Content Statement of Interest in Land: Submitted Location map of site and surroundings: Submitted Environmental Study: Not provided Other: Relationship to zoning, Master Plan, etc: Property zoned Res. A-2 and Agriculture. Zone line should be shown on the plan. It appears that Lots 2 and 3 do not conform with Zoning. Existing topo, water table, etc.: Applicant must file a Request for a Determination of Applicability with the Conservation Commission prior to filing a Preliminary Plan. All resource area boundaries must be approved by the Commission. Impacts of proposed development: Since there is no Environmental Study submitted, the possible impacts ofthe proposed development have not been addressed. Lot survey with existing easements, abutters, zone lines, and existing streets: OK. Topographic Plan: Existing contours at 2' intervals: O.K. Environmental elements: Not provided. Proposed streets and lot lines: O.K. Sewage, water and drainage: See Engineering comments. • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD August 6, 2012 . Dear Abutter: . Vadim Kot has submitted a Preliminary Subdivision Plan for property located on Cooper Street. The property contains approximately 2.5 acres and the proposal is to subdivide it into four (4) lots. The Planning Board will be reviewing this Preliminary Plan at their meeting on August 16, 2012 at 7:00 PM and will be held at the Agawam Public Library, 750 Cooper Street. If you have any questions you may contact this office at 786-0400, extension 8245. Sincerely, 7~;otO~~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk Parcels GRIMALDI JENNIE L 525 COOPER ST AGAWAM, MA 01001-2175 SHEEHAN LAWRENCE P SHEEHAN PATRICIA A 42 TRACY DR AGAWAM, MA 01001-2148 SACCO MARY E SACCO MARGUERITE A 14 TRACY DR AGAWAM , MA 01001-2148 WILLIAMSON CHRISTOPHER M 563 COOPER ST AGAWAM, MA 01001-2140 CIZEK KENNETH R CIZEK JEANNE L 33 TRACY DR AGAWAM, MA 01001-2147 WALSH RlCHARD J WALSH IRENE 59 TRACY DR AGAWAM, MA 01001-2147 BLEWS JEFFREY A 558 COOPER ST AGAWAM , MA 01001-2141 LOOMER EDWARD J LOOM ER LORRAIN E E POBOX 739 AGAWAM, MA 01001-0739 MORASSI EDWARD ROBERT MORASSI BRUNA MARY 540 COOPER ST AGAWAM, MA 01001-2141 STONEBURG BERTEON G STONEBURG JOSEPHINE T 526 COOPER ST AGAWAM, MA 01001-2141 • HARVEY PATRICIA A LIT HARVEY LORI 60 TRACY DR AGAWAM, MA 01001-2148 SHEEHAN THOMAS G SHEEHAN PATRICIA A 32 TRACY DR AGAWAM, MA 01001-2148 FRANKLIN ELWOOD W FRANKLIN JERETHA 539 COOPER ST AGAWAM , MA 01001-2140 MORASSI FRANK J MORASSI MARLENE H 15 TRACY DR AGAWAM, MA 01001-2147 MEAGHER ROBERT C JR MEAGHER JUDITH A 41 TRACY DR AGAWAM, MA 01001-2147 YELINEK CHARLES E YELINEK SUSAN M 69 TRACY DR AGAWAM, MA 01001-2147 TOMLINSON,WILLIAM G C/O MEEHAN MELISSA L 16 LANCASTER DR AGAWAM , MA 01001 • SPRINGFIELD WATER + SEWER COMM P.O. BOX 995 SPRINGFIELD, MA 01101-0099 MORASSI BRUNA MARY LIT MORASSI EDWARD R JR 540 COOPER ST AGAWAM, MA 01001-2141 LAMOTTE MARK R LAMOTTE DEBORAH A 16 OLD FARM RD AGAWAM, MA 01001-2179 VOTZAKIS ERIN P VOTZAKIS JAMES P 50 TRACY DR Page 1 of2 AGAWAM, MA 01001-2148 GIORDANO DEBRA 24 TRACY DR AGAWAM, MA 01001-2148 RAE,CHARLES J C/O LAPOINTE NICHOLAS J 545 COOPER ST AGAWAM , MA 01001-2140 PIDGEON THEODORE J 25 TRACY DR AGAWAM, MA 01001-2147 CYRAN EDWARD W JR CYRAN AMY LEANN 51 TRACY DR AGAWAM, MA 01001-2147 CHAPMAN FREDERICK W lR CHAPMAN ELIZABETH A 70 TRACY DR AGAWAM, MA 01001-2148 FLEMING BRADFORD W 463 COOPER ST AGAWAM , MA 01001-2174 MORASSI JOHN A & ROSALIE B MORASSI MICHAEL J + 550 COOPER ST AGAWAM, Mil. 01001-2141 MORASSI CAROL A 534 COOPER ST AGAWAM, MA 01001-2141 MORASSI EDWARD ROBERT MORASSI BRUNA MARY 540 COOPER ST AGAWAM, MA 01001-2141 http://hosting.tighebond.com/agawam/printLabels.aspx?dist=500&pid=112 1 2&coords= 8/6/2012 Parcels PROAKIS WILLIAM 30 BRIEN ST AGAWAM. MA 01001-1605 GEORGINA KATHLEEN M GEORGINA KARA 486 COOPER ST AGAWAM. MA 01001 WILSON SANDRA A C/O CHAFFEE SANDRA 468 COOPER ST AGAWAM. MA 01001-2153 DISANTI CARLO DISANTI ANNA 37 GREENACRE LN AGAWAM. MA 01001-1614 DRAKE MARIA 5 DRAKE DOUGLAS P 21 BRIEN ST AGAWAM. MA 01001 MILAR GEORGE B MILAR BARBARA J 43 BRIEN sT AGAWAM. MA 01001-1604 BROWN ROBERT E 16 CENTER sT AGAWAM. MA 01001-2105 MIKALsON JOSEPH 398 SUFFIELD ST AGAWAM . MA 01001-2111 • HARDY MICHAEL D HARDY MARIA A 20 BRIEN S1 AGAWAM. MA 01001-1605 CIRILLO JOANNE M 126 MEADOWBROOK RD EAST LONGMEADOW. MA 01028 MATLAND ERIC C+ MATLAND MICHELLE L 462 COOPER sT AGAWAM. MA 01001-2249 HARDY MICHAEL D HARDY MARIA A 20 BRIEN sT AGAWAM. MA 01001 SZEMELA KEITH J SZEM ELA ELISABETH M 33 BRIEN ST AGAWAM. MA 01001-1604 SHEPARD GEORGE A SHEPARD MARY 416 SUFFIELD sT AGAWAM. MA 01001-2173 SHEPARD MARY 416 SUFFIELD ST AGAWAM. MA 01001-2173 KINNEY MICHAEL R KINNEY JENNIFER A 392 SUFFIELD ST AGAWAM . MA 01001 • SWEENEY DAVID J SWEENEY KAREN A 10 BRIEN ST Page 2 of2 AGAWAM. MA 01001-1605 WILSON SANDRA A C/O CHAFFEE SANDRA 468 COOPER ST AGAWAM. MA 01001-2153 DENNIS ALICE LIT DENNIS JERRY T 27 GREENACRE LN AGAWAM. MA 01001-1614 HARDY MICHAEL D HARDY MARlA A 20 BRIEN ST AGAWAM. MA 01001 SPRINGFIELD WATER + SEWER COMM P.O. BOX 995 SPRINGFIELD. MA 01101-0099 HOPKINS JOHN D+ HOPKINS LINDA 409 SUFFIELD sT AGAWAM. MA 01001-2172 ORLANDO FRANK P ORLANDO CRYSTAL E 447 COOPER ST AGAWAM. MA 01001-2174 JOHN P KOMLA TRUSTEE THE KOMLA FAMILY IRREVOCABLE 376 SUFFIELD ST AGAWAM. MA 01001-2111 http://hosting.tighebond.comlagawarnlprintLabels.aspx?dist=500&pid=I12 1 2&coords= 8/6/2012 • • MEMO TO: Engineering Department, Building Inspector FROM: Planning Board SUBJECT: Preliminary Plan -Cooper Street -Kot DATE: July 27,2012 Please review and comment on the attached Preliminary Plan prior to the Board's August 16th meeting. This item will also appear on the Team Meeting agenda for August 14th. DSD:prk Date. 7/26/2012 To the Department Officer • !R~e=c~e:iv~e=d~O:f ;:=::~!~=====LJL~C~!. __ ==~~ .s Listed Above -='"""" ___ _ the sum of -:: DoUars for the Pre!. Plan Filing Fee ending 7126/2012 for coUectic Treasurer PAYMENT SUMMARY RECEIPT Town of Agawam TOWN HALL 36 MAIN STREET AGAWAM MA 01001 DATE: 07/26/12 CUSTOMER#: 000000000 TIME : 15: 02 CLERK: kad RECPT# : 810170 PREY BAL: TP/YR: MS/2013 AMT PAID: 325.00 BILL: ADJSTMNT: EFF CT: 07/26/12 BAL DUE: MISCELLANEOUS PAYlvlENT - - - - -------------TOTALS ---- ------------- PRINCIPAL PAID: INTEREST PAID: ADJUSTMENTS: DI SC TAKEN: AMI' TENDERED: AMr APPLIED: CHANGE: PAID BY : PLANNING PAYMENT METH : CHECK PA '{MENT REF: 325.00 .00 .00 .00 325 .00 325 .00 .00 • i • • TOWN OF AGAWAM FORMB Application for Approval of Preliminary Plan , ~ File one completed form with the Planning Board and a copy with the Town ~rk in accordance with requirements of Section III-B. ~ ,~~~ "!~, '.--:' _~~lL!oU"-\.:>..'i-=l-~2<AbL..-_ 20 1<-: .:~~ :z: .~ <r. "- To the Agawam Planning Board: ~ ,. a ....., -,'1 en en n fTI The undersigned herewith submits the accompanying Preliminary Plan of property located inthe Town of Agawam for approval as a subdivision under the requirements ofthe Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. L 2. 3. 4. 5. Name of Applicant _\-LLJ&+'nLLIL!M..:..>...._\(."'-G .... -'--___________ -'- Address e Q . I'3Q)( /0"1-1 'AI SSr <.:.PtlN ("FI Ii-Lb nI I~ . ) Name of Engineer or Surveyor BlllAEa..£f).) A no or!lTe; C ~ Address 37S vi aLr-). a Sl. g &to ~dt .. M:m lid ~ / r J Deed of Property Recorded in Hampden County Registry of Deeds Page I ~ Book "%'#b- 1<=t 2,r-Slo~- Location and Descnption of Property (attach sheet) _:> r.-: -0 .:~52 :x :---:e; A list of the documents included in this application shall accompany notice to the~owti°!C' . en -~ en .:, Clerk. g Documents required to be submitted with this notice: a. Notarized statement of interest in the land. b. Environmental study. C. Plans d. Certified copy of Deed. Signature of Owner _~~~~~"'::::~~L_-;-- Address P? gox /OYI W:Srf1 ,It#fOIDfo • • ...---------Agawam ;Planning Board ----------. '" , '" '" , STATEMENT OF INTEREST Date --:+':;;"'4-1-= The petitioner hereby certifies that he is the owner of all lands contained within the description of the subject petition. Agawam Planning Board Case No. 0" (Name) ~ ~'j. (O~\ COMMONWEALTH OF MASSACHUSETTS HAMPDEN ss Date There personally appeared before me, on the above date, V l1~ J lm Kcl 1-to me known to be the person the foregoing document. My commission expires • ''-, .-(~ • • .m..d Ol/02/92 RIlO #p ItOSIIM PEDI!JtALNATIONALMORTGAGHASSOCIATIONAJ~AFANNIHMAE,. carponMn ocpAiaeoJ. LIIlIla .. Ace 0; Coaamt .ad fI.~ ~ 10 the fcOcnJ N .. ~ ~ .'\II"'ciat:.ollo Clwortu Ac.:. bwJna ils f;llillci.;:-l ~ iA the. efey of WuhioB"on. Diltric;t qlColurnbill, IOd tt o£!itt lor the! CCMIducr ot'buPneu ofP.C, Bwt 6S004'. o.n.s. TX iS265-00041. (herrinaftc:J ailed the GfMKOt'i lot coard _" ofONR HUNDRED SIX'rYTHOUSANDA.'ID OO/UO <-.000,00) DOLLUS PAID, 8J'IlU '0 V_ ..... iodMdudr •• I~" Ullion Su«. W ... S~!>LA OI()89. qh quitcbSm ttn"Etanf5, CSln'h\NPAK'1'.l..OFRl:ALESTATEsntJA'I1lI>ONTHESOU'THEllYSIDIi OPCOOPliR 5TRI!ET IN AGAWAM. HAMPllI~" COt1N1Y, MASSACHIlSETI'S. BOUNDED AND DESCUBIlD AS FOu.o~ W'ESltilU.Y BY I.AND F()J.MERLY OF GEER. AND A.~S .\.;.~D LAND NOW OR PQRME1U.Y Olt WULlAM r-:DG,41t: >OIJtlN.OTIlYrA"om~IJ.EOFGGJa¥D&Y NORTIlElU.Y LANn YORMHRI.V OfT RUSSELL M B\TiD.!C; 11\' LAND FORMn!U.Y OF SAID EWI .. G; .... O IlY COOPEll sn,,,,rr, PROPElllY, 51? COOPEll STIU!IIT. AGAWA~~ HANI'DEK COV'NTY. MASSACHL"sL'TI'S 01001 TAX II) ", LIZ/lIZ GBANTEE HERBIN SHAll. lUi PROIUBITED FROM CQN\fBYJNG CAPTIONED PROPERTY FOR A SAU!S PIIlCE OF GIUlA1'HIl TIIAN 119z,oot1,OO FOR A PIIRIOD OF 11JRIIE MONnIlI FaDM TKII DATE OF THIS Ol!.liO, GI\AN'rnE SHAl.LALSO BE PIlOHIBITIIO PltO,", ENCUMBERING SUlI}ECT PROPERTYlIOTTH A SECURITY INTEREST DlTHE PIUNOPAL AMOt.;.rT OPGIlBATER THA.--' 5J'9Z,oot.OO FOil A PERIOD OPTHlU~B .IONl'HS PltOM THE O"'I'E OF nns DEliO, THIISE IUiSTIllCTIONS SHAU. RlIN WITH '!HI< I...\ND ANI) AIlE NOT PBRSONAl. TO GRANTBE. THIS IIlI&TIllCTION 51L\U. TEJl.\oNATB I_BDIATELYUPONCO~ANQ:;A'I'ANYPOaBCLOSlllUl$ALII RELATED TO A MORTGAGE OR DBED OF TItUSI', t:'? -'-', cJ\ " , 'FJ~ • UNDER AND SUBJECT to 8IlJ It';' .... COftft&IlU.., cMClIIItIIII, ~.chmcm"t cDDditione. ratdctioGt. aod apc:cnaenb atkc:dna t_ pc'OPC'ny. THIS DEED it Pca ia cbc uuaI c;Gume o( the-Gramolf. bueincl. aDd it nl}t a CODVCyaDOe. of aU 01 lubelalatiaUy:aD. of the Gnnmr"& .... e. u. MaNacbuttcu. THB GIIANTOR;' .......,. _ pay;., dot .,e·a_._ .............. p tax br"-0(\2 U.ila! S ...... Code §14!2, §tl2lo, IX SW5. TOGETIIER WITH .U aM aiopIo< eM impoa. __ -Y'. _ ... .u.y., __ ........ "._.,.Ju.tiIoenico, prlvllepo. __ • one! _pptH\eMII(;a wbataoeYe. hcilCtQ bclOftlUtg 01 1ft IInywWe a~ aDd d&e ~ .... and ~. l-enl!,.iu1.lCl .nd peo1i.UI dacreof', and aU chc-Cltlik, ri"." tide. interne. ptupcJtf, dllim aad de1nf;nd whattoeft. or the .aid GsaftMl" in ... w, equi.ty t 01 OIhf.rMK ~. 01 and (0 tltc.1.l1l(: aad ("I)' part 1Kttol. fEDERAL NATIONAl. MOIITGAGE ASSOCIATION ~APANNll!MAB By: -....aw 0I&0n, 1'C, i .. ''''''''"1 in Ioct Fe). sNGaT Au-rAITY. ~ 1'O..cQ,E~JNBY RECORDED AT IWoIPDl1N COUNIY REC1S'l1\Y Of DEEDS lAND COURT AS DOCUMIlI',T NO. 178980. COMMONWEALTII OF MASSACHUSETTS Wddk".. ... >4r.d2... 2012 On .... ~~ of May. 20!2, bcfwe .... <" uodtni@acd IOCXUr pubti<. pcnocWly appealcQ Mdif;. B. Moaow. at. ~cd !iipu: Cor Haanoa. ~ Offl(."cs, ~ aa Atto.."TIq In Fact £Or: Fcdcn.l Natiooal Mort:rae APUCiation a/kI* p~ JOt". pIOYCd to me ~ 'Itiali.ctoEy evidcnc.c of idetlti6cation. whkh ... .1, gwooal kruntrh11;r to be :ht ptt'S0II whOle jWDC h: ~ 00 tl:.c ~cedin8 or at:ached documcot,..d tckn~~ to me lhLl s/lw ,~ is. .,QIwortIdy to) bit/her free leI &Dd dud and me lree Kt aod de~d of Pcdu2l Nation .. 1 ~ ;\~atiocl a/k/a f-.nrue M.~ befor:~ me. PURCHASE AND SALE AGREEMENT LAND ONLY PURCHASE 1. Parties % On this).'5 day ofJanuary, 2013, MARY F. SHEPARD of 416 Suffield Street, Agawam, Hampden County, Massachusetts, Regina A. Chaple of 82 S. Harbor Road, Townsend, Massachusetts; 10hn Shepard of #1 Belinda Lane, Enfield, Connecticut; Michael G. Shepard of 45 Southwick Street, Feeding Hills, Massachusetts; and Robert T. Shepard of 21 Butterwood Road, Feeding Hills, Massachusetts, are hereinafter called the SELLER, and KOT Realty, of 534 Union Street, West Springfield, Hampden County, Massachusetts, is hereinafter called the BUYER. 2. Description Subject to the tenns and conditions hereinafter set forth, the SELLER agrees to sell and the BUYER agrees to buy a portion of 0 Suffield Street, Agawam, Hampden County, Commonwealth of Massachusetts, known as Parcel C, as more particularly described in a deed dated January 3, 2012, and recorded in the Hampden County Registry of Deeds in Book 19071, Page 53, and separately described and bounded in the attached plot plan. 3. Buildings, Structures, Fixtures and Improvements Said premises shall include all buildings, structures, fixtures and improvements located in or on the premises belonging to the SELLER and used in connection therewith, including, if any, all venetian blinds, curtain rods, window shades and draperies, wall-to-wall carpeting, screen doors, stonn windows and doors, awnings, shutters, furnaces, heaters, oil and gas burners and fixtures appurtenant thereto, hot water tanks, plumbing fixtures, electrical and other lighting fixtures, TV antennas, rotors and controls, garage door openers and controls, mantels, fences, gates, trees, shrubs, plants, and, if built in, exhaust fans, garbage disposes, dishwashers, incinerators, kitchen ranges and ovens, and vacuum cleaners. Items to be transferred to the BUYER in "as is" condition and not to be considered part of the sale are (if none, state "none"): None Not included in the sale as part of the premises are the following items (if none, state "none"): None Not included in the sale as part of the premises are the following rented fixtures not belonging to the SELLER (if none, state "none"): None 4. Title Said premises are to be conveyed on or before February 28, 2013, by a good and sufficient DEED of the SELLER which shall be a deed of equal character and covenants as held by the SELLER; conveying a good, clear record and marketable title to the same free from all encumbrances, except: (a) Usual public utilities servicing the premises, ifany; (b) Taxes for the current year not due and payable on the date of delivery of the Deed; 1 (c) Any liens for municipal assessments and/or orders for which assessments may be made after the date of the Agreement; (d) Restrictions and easements of record, if any, which do not materially affect the value or current use of the premises; ( e) Provisions of existing building and zoning laws. All instruments and plans delivered to the BUYER to effect the conveyance shall be in a form sufficient to entitle them to be recorded uiJder applicable laws and regulations. 5. Consideration For such deed and conveyance the BUYER is to pay as the purchase price the sum of$75,000.00 of which $1,000.00 has been paid this day and the remainder of $74,000.00 is to be paid in cash, certified or cashier's check, or Attorney's IOLTA check at the time of delivery of the deed. 6. Performance The deed shall be delivered and the purchase price paid at the Registry of Deeds in which the deed should be by law recorded on February 28, 2013, at 10:00 a.m. unless some other place and time should be mutually agreed upon. To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of the delivery of the deed, use the purchase money or any portion thereof to clear the title of any and all encumbrances or interests; and all instruments so procured to clear the title shall be recorded simultaneously with the delivery of the deed. 7. Casualty Loss In case of any damage to the premises by fire or other casualty after the signing and delivery of this Agreement by all parties hereto, and unless the premises shall have been restored to its former condition by the SELLER prior to the performance date, the BUYER may, at the BUYER'S option, either cancel this Agreement and recover ail sums paid hereunder or require as part of this Agreement that the SELLER pay over or assign, on delivery of the deed, all sums recovered or recoverable on any and all insurance covering such damage. 8. Possession Full possession of the premises free of tenants and occupants, except as herein provided, is to be delivered to the BUYER at the time of delivery of the deed. The premises are to be delivered in the same condition as they are now, reasonable use and wear of the buildings thereon excepted. The SELLER also agrees that the premises will be delivered to the BUYER in "broom clean" condition. The BUYER shall have the right to inspect the premises for compliance with this paragraph prior to delivery of the deed upon reasonable notice to the SELLER. 9. Adjustments Fuel, rents, security and rent deposits and any interest due thereon, water rates, sewer use and taxes shall be apportioned as of the day of delivery of the deed. If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment as soon as the new tax rate and valuation can be ascertained, which latter provision shall survive the delivery of the deed. 2 If the taxes apportioned pursuant to this paragraph are subsequently reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between the buyer and seller. 10. Deposits All deposits shall be held by the SELLER'S attorney in accordance with the tenus of this agreement, and shall be accounted for at the time for performance of this Agreement. 11. Default If the BUYER defaults and fails to perform as required by this agreement, then all deposits made hereunder by BUYER shall be retained as the SELLER'S sole and exclusive remedy at law and equity. 12. Mortgage Contingency: N/A 13. Smoke and Carbon Monoxide Detectors: N/A 14. Termite Inspection: N/A 15. UREA-Formaldehyde Foam Insulation: N/A 16. Lead Paint Law: N/A 17. Underground Storage Tanks The parties acknowledge that the Massachusetts Board of Fire Prevention has issued regulations governing the maintenance, repair and removal of underground storage tanks to prevent and detect leakage of tank contents into surrounding soil and water supplies. The SELLER hereby disclose that there are _ are not _x_ underground storage tank(s)* at the premises. If there are one or more underground tanks at the premises, the SELLER further disclose that the tank(s) have _ have not _ been used within the past six (6) months exclusively for the storage of fuel oil for consumption on the premises and to the best of the SELLER' knowledge there has been no release or leaking of oil from such tank(s). In the event that such tanks have not been so used, SELLER agree that SELLER will comply with the applicable provisions of 527 CMR 9.00 et seq. regarding the removal/filling of such tanks so that at the time of the delivery of the deed, the premises will be in compliance with the provisions of the aforesaid regulations. 18. Miscellaneous Representations a. In the event that a private water source is servicing the pr.emises, the SELLER represents that the water source is providing adequate amounts of potable water for normal household use as of the date hereof. b. In the event that a private sewerage system is servicing the premises, the SELLER represents that, to the best of the SELLER'S knowledge, it is in good working order as of the date hereof. c. The SELLER represents that all mechanical components will be in operating condition at the time of delivery of the deed, unless otherwise stipulated in this Agreement. 3 19. Rightto Inspect This Agreement is subject to the right of the BUYER to obtain, at BUYER'S own expense, an inspection of the premises and written report to include, but not be limited to, as applicable, the structural condition of the dwelling(s), pool(s), if any, other structures if any, and condition of all systems in the dwelling(s) or on the premises, the existence and condition of underground storage tanks if any, the presence of insect infestation, the presence of hazardous materials on the premises or the likelihood of release of hazardous materials on or from the premises, the presence of asbestos, urea-formaldehyde foam insulation, lead based paint and/or radon gas, the adequacy and suitability of the water supply and the condition and adequacy of the sewerage system by the consultant(s) of the BUYER'S own choosing. The BUYER'S right of inspection shall expire January 31, 2013. The BUYER and the BUYER'S consultant(s) shall have the right of access to the premises at reasonable times upon twenty-four (24) hours advance notice to the SELLER for the purpose of inspecting, as aforesaid, the condition of said premises. If the BUYER are not satisfied with the results of such inspection(s), except as provided in paragraph 14, this Agreement may be terminated by the BUYER at the BUYER' election, without legal or equitable recourse to either party, the parties thereby releasing each other from all liability under this Agreement, and !he deposit shall be returned to the BUYER, provided however, that the BUYER shall have notified the SELLER in writing, together with a copy of the written report(s) of the inspection( s) on or before the inspection expiration date hereinabove specified, of the BUYER'S intention to so terminate. If such notice and written reportCs) are not received on or before the inspection expilation date hereinabove specified, the BUYER shall be bound to perform BUYER'S obligations under this Agreement. BUYER acknowledges that: (a) information was supplied by the SELLER and has not been checked fOT accuracy by the SELLER'S Broker; (b) public information was subject to BUYER' verification; (c) each item was subject to direct inquiry by the BUYER, and the BUYER has been so advised; (d) the SELLER made no representations regarding the condition of the premises, structure(s) thereon or the mechanical components thereof; and (e) the BUYER have not been influenced to enter into this agreement nor has the BUYER relied upon any warranties or representations not set forth or incorporated in their Agreement or previously made in writing, except for the following additional warranties or representation, if any, made by the SELLER. (If none, state "none"; if any listed, indicate by whom the warranty or representation was made): None 20. BUYER'S Release of SELLER The BUYER hereby releases the SELLER from any and all liability of any nature relating to the condition of, or any defects in, the premises or any materials, substances or structures of improvements thereon, specifically including, without limitation, all matters set forth in paragraph 19 above, of which the SELLER had no actual knowledge prior to the execution of this Agreement. 21. Presentation of Offers SELLER agrees that upon signing of this Agreement by SELLER and BUYER, and during the pendency of this Agreement, the SELLER shall not continue to market the premises. 22. Brokers 4 BUYER and SELLER represent to each other thilt neither party has dealt with any broker or any other person in connection with this purchase of said premises. BUYER and SELLER agree that each will hold harmless and indemnifY the others from any loss, cost, damage and expense, including reasonable attorney's fees, incurred by BUYER or SELLER . for a commission or fmder's fee as a result of the falseness of these representations. The provisions of this clause shall survive the closing. 23. Construction of Agreement This Agreement has been executed in one or more counteIparts and each executed copy shall be deemed to be an original, is construed under the laws of Massachusetts to take effect as a sealed instrument, as sets forth the entire agreement between the parties, is binding upon and inures to . the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns and may be canceled, modified or amended only by a written instrument executed by the parties hereto or their legal representatives. If two or more persons are named herein as SELLER or BUYER, their obligations hereunder shall be joint and several. 24. Notice Any notice required to be given in this agreement shall be in writing and shall be deemed to be duly given when delivered to the party entitled to such notice at their address set forth above or stated herein. Buyer Attorney Richard M. Pesto, Esq. 68 Court Street Westfield, MA 01085 413-568-3789; 413-568-1023 fax 25. Additional Provisions Seller Attorney Abbe W. McLane, Esq. 1349-B Springfield Street Feeding Hills, MA 01030 413-789-7771; 413-789-7731 fax Set forth below are additional provisions, if any, which are incorporated herein and made a part hereof: SELLER represents that SELLER is not party to any bankruptcy, divorce pending, foreclosure proceeding, projected shortage of funds from proceeds to payoff all loans or other proceedings that may affect their ability to convey clear and marketable title. Any matter or practice which has not been addressed in this Agreement and which is the subject of a Title Standard or Practice Standard of REBA (Real Estate Bar Association) at the time for performance shall be governed by the Standards and Practices of REBA. BUYER AGREES NOT TO DEVELOP THE AREA OF PARCEL C THAT FALLS DIRECTLY BEHIND THE LOT OWNED BY SELLER, MARY SHEPARD, AND WHICH CONTAINS HER HOME. THIS CLAUSE SHALL SURVIVE THE CLOSING. Buyer agrees to pay all closing costs and attorney's fees. Subject to final approval from Town of Agawam for development of this parcel and adjacent property already owned by Buyer. 5 £4sr /1~~~ Seller, M~ Shepard KOTRealty Seller, Regina A. Chaple 0" [. <:"-'-"7 ~ =-Q Cel-, John Shepard Seller, Michael G. Shepard ~~,I.S'el- Seller, Robert T. SlIrI:l'" 6 {)a!-G! Buyet", Vadim Kot KOTRealty Seller, Regina A. Chaple _-lAUj4[0~ Seller, Michael G. SIl Sellet", Mary F. Shepard Seller, John Shepard Seller, Robert T. Shepard 6 ()~ OC Buyer, Vadim Kot KOTRealty Seller, Michael G. Shepard 6 Seller, Mary F. Shepard Seller, John Shepard Seller, Robert T. Shepard " .' ,,1(., . "'." . ':-' ':~:'" ".-'~ , .. , ," ";. , "'r' ;. ,:' .. :,' " " . , " ,,' '. '.,' _ 1 , . . ' .. LEGEND IRON PIPE FOUND IRON' PIPE TO Bt SET i , IRON BAR FOUND ' , BOUND FOUND, BOUND TO BE SET 2' COUNTOU'R INTERVAL , ' 10' CON'TOUR INTERVAL" OVERHEAD, ,UTILITIES, UTILITY POLE;,' " SANITARY, SEWER/MANHOLE: ' I<PROF'OSEO' 'SANITA~Y, SEWER/MANHOu:, ~.~.." . ',. SToRM ORAIN/l.4ANHOLE/CATCH BASIN ' PR()PO~SE'D STOP:~'DRArN/MANHOLE): ,. ',' " CATCH BASI,N: ' '. " : '. -;~ . . .~. : , wErtAND DEliNEA TlDN FLAG " PROPOSED SPOT'GRADE ' HYDRANT PROPOSED HYDRANT WATER GAlt >', PROPOSED WA TER GATE :' EXI,STlNG TREE LINE ZONING ZONE -RESIDENCE A2 REOUIREO FRONTAGE ~ 11 0' REQUIRED AflEA -15,000 S,F, . REQUIRED SIDE YARD -15' REQUIRED SETBACK -. 30' REQUIRED REAR YARD -20' o • • J;] ,. ,.,"'. , ..,...--~ 152 ------ ---:-,-150 ---- ---'--'---. I . ---'-' ,~,-,-' '-"--"-,,--®"'-, -:-, "'---- ':'-,---:--~-"-G--- , ~ . -:---:------@--:-,-o--- ~ er-Oo 1'01,001 . .. t><I ~'. : ~. , ",' . ... --..," -', " .. .. , .. " , " • ., " . • • o o () , I ~I <'il 8/ I, I . , " ~ :-." : ~., " , .f . .' .: " . 164,18' S53"19'54"E N / F Jennie Grimaldi L ______ . -------------T , , ' '. ".' ',' ,', . :.",. " , 't'~-~----;'" .... -------~-.-.-, .... APPf1:0 V ED BY : AGAWAM : PLANNlN G BOARD , Datc~~-'=4".,lo.-L2 L ' /~ , 1-9. ,"~ /}k o " '> ___ r· .... : I "vI "<:/ of/ Q; / Q; 0 /3-c:::1 "", Q;1?i ':? 1,0 0) I i:: Q; I C) 0::',,,<: I I / ·r · ;'",. '-~'. I / I / I " , \ \ /' \ l . / /1 /' /' I '->v /'~'" I /' /' /' / / / I ( / / '. I / / I / 1 OJ / :;;/ IX) I / I / I /' /' /' /' /' L'ot 6 22,078 s, f. I ~ II;; iii 1& 1 8' / / I I 1 I 1 ( /, I \ \ \' .. -, --~"' . -'-' I . L= , 57,1 Lot 1 15,086 s,f, L -------~1'Ii1'\ '_L_ I 191.00' R=25' L=36,03' I I I I ~ . I ,I //' I/L~ _____________ ~~_I~ J-,...r . . I \ .r;: \ I Lot 2 I I t'1 II 20,023 sJ, I I ::is r I I ~ 89.18' -------~ .--.-- // ---"" --"-r-----------"-,,- / "- I "-, Lo t 3 , I 20,269 s, f. "- I "-,,- 1\ I \ '/ r----"----I L _____________ ~ ______ ~ L _________________ J . ___ --- \---- \ . \ \ . " " .• ~--;-c. . ... '.' , , '" ",.' ".' ---7 e-16 I . ' --. -,," ,::':,~ ., / / / ('-5 . \ N \ \ \'.8-"'"'" .... a '-" ;.; '0 k o a. a. '" Vi Q) '" k o Q) '" "-..... Z / /' / ! I ~ --- ---I ~T,i'iP.1nerir'_-~~---------_@ / ~,255,02'--r-/' /' / I I I I I , i / F Frank Morassi / I / I I ( l- I R 'A ., . I , , , , , c y D R I _..J N / F Theodore Pidgeon V E N / F Kenneth Cizek 96,90' . \--------~, \ ""-\ ~ \ N / F Robert Meagher \ " "'" \ \ SCALE: 1" PLAN OF LOTS 40' DATE: June 2012. GRAPHIC SCALE ;.:'~ , . "', , , I , I '" 0_'10_401-=' ~801 ~~~"IO ~._ 1_,==- ( IN FEET) , 1 inch = 40 tl '.-1:\ ",',. ; : • ":< ,,:~ . '. ". -'.~' .. ",. . .: .. ' .. ...... , .. , " _" r.o '. __ . '.", • ", -~ M -• ,ji~H"";~'6'h:I;;' •. j"*-~",',, 5:.i.,"'"·''''' ;,:.e:.A,·'"o,.,,;ci', £.,L,:"i""",::""·,.',L"Lo:i;;";)"''G;:;L.3;,·,'ii!,,b.,,,;£;Z,;";::;"L,,,,:;\.:',,::'A",,,;~.'id:,,'"',c,,~,,:,,,,;.;..,,:~.':"";'X,,"i\,:"":~',,:,,,;~: i,i{:.fc' .~'f_-:.."'3~~~;;t ·.'::;~~~e~.:.;.f ~_._ .>~:~. '.~"':~-'-: ",,:-:c: .~:~c~ ;~,,·:,~{~:'·~-.. ';;~·S~~::>._,~i .. _::::. __ /:.. ; ';.<~-:,_~,~~ .. ,.~~; ... ,/o ;:~\,~ ,:{:~-~.;.":~.:,,,,;~~.~~~' .,,':. _' .. ": _ '. :-',::" . ::.: _ . ' , .,- .. , , , ~" .. , , ',:;-.. -. " '.' " .. : ~ !;.. .' •.• 1 • '._; . ;", .. ,., .. i . " - . \ ". ANDERSON ASSOCIATES LAND SURVEYOR, LAN'O ' PLANNING CONSULTANT, . SITE DESIGN . :;70 WALI~UT :5Trt"f:I:T I:XTc::r~TJ.Or'l P,O, BOX 382 . '. AGAWAM, MASSACHUSETTS 01001· Tel. 413 525-4145 Fax 413 273-1776 . , >-'" CL Z :2: «0 <:i z CfJ5 2 >-:« 0 , ( r'1 .-J ,'>,:,~ W OJ ·····.fl CL ·~ elUl PREP ARED FOR: Vadim Kot 534 Union Street West Springfield, MA 3 2 NO. DATE DESCRIPTION ' This plo.n prepo.rect In o.ccorcto.nce with the rules o.nct regula. tlons of the Registry of Deects, Do. tel DRAWING NO, ,,' , ' . ", '. ," ',", ' "\'i , , ' ""ll .,'" " . ',. , .,",:; ··k . :', .. ' . ',' , , ..... " , . .:: , " , . " -' " .' .. ~