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8725_ZONE CHANGE - 13 AND 15 SHERI LANE.pdf~ld5- L~ L\ro~- \~ '*-\5 0r&.f\ w~ • ZC-2013-6 PETITION FOR ZONE CHANGE BY R. LEVESQUE ASSOCIATES, INC. ON BEHALF OF JOHN CONTE AND LOUIS CONTE FOR PROPERTY LOCATED ON SHERI LANE PARCEL E FROM BUSINESS A AND AGRICULTURAL TO BUSINESS A Whereas, John Conte and Louis Conte are the owners of the parcel of land situated on Sheri Lane, Agawam, Hampden County, Massachusetts which is currently split zoned as Business A and Agricultural; and Whereas, John Conte and Louis Conte desire to change the zoning from its current classification from the split zone of Business A and Agricultural to Business A; and Whereas, it is in the best interest of the Town of Agawam to change the zoning of Parcel E on Sheri Lane from a split of Business A and Agricultural to all Business A. NOW, THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL that the zoning for the following parcels shall change from Agricultural District to Business A District: Current Owner: John Conte and Louis Conte Property Address: Sheri Lane Parcel E Assessor's ParcellD: H13 -8 -18 which parcels ofland is further described on Exhibit "A" which is attached hereto and incorporated herein by reference. Dated this 2 f\J day of----,{)"-.· e""cc--C:--li\....:b_eC-r_-',2013. PER ORDER OF THE AGAWAM CITY COUNCIL ~--~--~~~..~~~~-------------­Christopher C. Jo son, President ~ ! cc -11,\ CJ.\L CC' CD 1A1\OL Ct-~'Y Ct; -P5S-(S$W (C, -Pl8..AA~ (Q.. -In<l{\CMllA , '-¥-Y'~IU o FORM AND LEGALITY RECEIVEn/ ~~'tIe:~ DEC06Z013((~(a· ~O)W AGAWAM~Y U PLANNiI;lG BOARD • • MAYORAL ACTION Received thi3-,,--_~ ____ day of ])fa m te r , 2013 from Council Clerk. Signed by Council President this _dF'="-_A. ____ day of nCR ret btr, 2013. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Ag~Charter, as :mded, I hh"eby approve the passage of the above legislation on this '-' r~v day of n m){ ( ,2013. Richard A. Cohen, Mayor DISAPPROV AL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of ________ ,2013 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this 3(t.l day ofI1o. rYliJe., ,2013. unonlcial Property Record Card UnoAI Property Record Card -Attwam, MA ParcellD H138 18 Prior PareellD 6490 "()008 .. Property Ow""r CONTE JOHN Mailing Address 661 BARRY ST City FEEDING HILLS General Property Data Account Number Property Location SHERI LN Property Us. UNDEV Most Recent Sale Date 411712009 Legal Reference 17745-166 Mailing State MA ParcelZoning RA2 Zip 01030 Grantor CONTE,JOSEPH JR S.le Price 1 Card 1 Value Building Value 0 lIuliding Style NJA II of Uv ing Units NlA Y.ar lIuili NJA lluilding Grado MIA Building Condition Average Finished Area (SF) NlA Number Rooms 0 II of 3/4 llalhs a LInd Area 0.646 acres Current Property Assessment Xtra Features 0 Value Land Value 8,000 Building Description Foundation 'JWe NlA Frame 'JWe NJA Roof Structure N/A Roof Cover NlA Siding N/A Interior walls NlA # of Bedrooms 0 II of 1/211a1hs 0 Legal Description Narrative Description of Property Total Value 8,000 Flooring Type NlA Basement Floor NlA Heating 'JWe NlA Hoating Fuel NlA Air Conditioning 0% • of IIsm! Garages 0 II of Fullll.tIls 0 II of Oliler Fixtures 0 This property contains 0.646 acres of I.nd mainly classified as UNDEV with a(n) Nil. style building, buill.bout NIl. , having NIA exterior and NIA roof cover. with NlA unitts), 0 room(s). 0 bedroom(s). 0 bath(s), 0 half bath,s). Property Images Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. ag av.am.patri otproperties ,com'RecordCard.as p 111 PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J. Perry COUNCILORS George Bitw.s Cecilia P. Calabrese Paul C. Cavallo James P. Cichelli Gina M. Lelellier Robert A. Maguvern Joseph Min eo Donald M Rheault Robert E. Rossi ADMINlSTRA TlVE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us \GAWAM CITY·COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 NOTICE OF MEETING PLEASE BE ADVISED THAT THERE WILL BE A LEGISLATIVE SUB-COMMITTEE MEETING ANI.> COUNCIL WORKSHOP, ON THURSDAY, NOVEMBER 21, 2013, AT 6:15pm, IN THE PEIRCE ROOM AT THE AGAWAM PUBLIC LIBRARY, 750 COOPER STREET, AGAWAM, MA. I. 2 AGENDA "" PH-2013-1S (ZC-2013-6) - A Petition for Zone Change for :: property located at Sheri Lane Parcel H 13 8 18, by applicants .101m ,-, Conte and Louis Conte, 661. Barry Street, Feeding Hills, MA (Public Heari ng Date set for December 2, 2013) 6 Any other business that may legall y come before the Committee." . N N <D • , cc: Committee Members Letellier, Cavallo, Ro ssi. and Bitzas Full Counci l Mayor Solicitor Deborah Dachos, Planning Director Planning Board Petitioners • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 November 8, 2013 Christopher C. Johnson, President Dennis J. Peny, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichettl, Councilor . Gina M. Letellier, Councilor Robert A.·Magovem, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Agawam Town Council 36 Main Street Agawam; MA 01001· Dear Councilors: '''.' At its duly called meeting held on November 7, 2013, the Agawam Planning Board voted unanimously (4-0) to send a positive recommendation to the TownCQuncii regarding the Zone Change on Sheri Lane by Conte. Attached is a report prepared by Deborah Dachos .. If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, /;i~Y~c¥t . l:>s.b Travis P. Ward, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File : ! Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAHS: DACHOS, DIRECTOR OFFICEOFPLANNING AND COMMUNITY DEVEloPMENT . . ' " SUBJECT: Zone Change -Sheri Lane -Con~· .. DATE: October29;2013 . On September 17, 2013, tile ToWn received a request for lIWllechlUlgpJQr 14,333 square feet of land located on tile norih side of Sheri Lane. The requesfisto cbanget!iepiQNi1:YJtomAgriculture . to Business A. . . .'. .... .. . :'",. Attached is a copyofthept3n ~ubll1ittedby the applicant shoWing the proposed zoning map change. A copy of the Assessor's map showmgthe property asjtis.iistedfQf U1X purposes and the tax card information are also attached. . . ", ">c" ....\ .. Land. Use and ZonUig '. '" As stated above, the property for which the zone change is being requested is zoned Agricultural. A copy of the zoning map fotthis area has been atfuched, . Under the existing AgriclJltural District the following usesare8.Il~Wed(Ph~ase see § 180-37 attached.) .. Any use permittedUi a Residence A-lor A-2 District. B. Faims, dairies, nurseries, truck gardens, greenhousesandnaturalic~-~arvesting activities and buildings or structures accessory. thereto. . . C. Buildings or shelters for the saIt) offarm products,pr()vided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed: . .. . . • • D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conformingamuseltlent park containing at least three acres ofland adjacent to agriculturally zoned land and by special permit.[Added 2·20.2001 byTOR-2001-1] Under the proposed Business A District the following uses :u-e allowed (Please see § 180-44 attached.) . A.Any use permitted ina residence district or an Agricultural District. B. The maj or use of a building or structure in this districtshallbeto.St(JreAA4display goods for sale at retail on the premises or to furnish a service intended forresidents Qfmc immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirementS .. C. No building, structure or land shall be used in wholeorinpat1fot.anyfabricating, manufacturing, converting, altering, finishing or assembling. D. One-story publiqgarages for storage or repair of not more than 50 cars. E. A gasoline filling>station, which shall include self-service. gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline spallbe.stOl'edon thcprernises. F. Cabins, iflicensedunderMGLc. 140, § 32A to 32E, inclusive. G. Drive-in restaurants an&drive-tfu:ough restaurants, after a special permit by the Board of Appeals in conformance with§ 180-11. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR -94-L; amended 3C8-2000by 'tOR-4"OOO-l] H. Drive-through service windows utilized by any business shall require. a special permit from the Board of Appeals in conformance with § 180· 1 L[Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5J The property is presently abutted on the north and west by Business A and to the east and south by Residence B. The lot in question consists of a split zone with the westerly half zoned Business A and the easterly half Agricultural. The Agricultural portion is isolated from any other Agriculturally zoned land is essentially a "spot zone". The abutting land uses are a business to the north, multi- family dwellings to the east and south and single family dwellings to the west. . • • The applicant submits that they wish to use the parcel for business development. They also own the lot on the corner of Springfield Street and Sheri Lane which is zoned Business A and abuts the parcel. . Environmental Considerations There do not appear to be any wetland resources on the property .. The "Soil Survey of Hampden County, Massachusetts, Central Part" .prepared by the U.S. Department of Agriculture Soil Conservation Service indicates that the soils on this site are primarily Merrimac fine sandy 10artland have slight to inoderate limitations for building site development. Conclusion The Planning Department concurs with the applicant that: 1. The site is Well sl,lited to commercialdeve1opment. 2. The site abuts viable business uses and should notderOgllte from the intent of the Zoning Ordinance. . 15 21533 SF 17 e , I .. 5 1.19 AC J'~~ 7405 SF ,..;..: .. :y .-'. 27 .. ~ 6828 SF ... ~". 15 ··· 5896'1:~'f..~ The information depicled on Ihjsmap is for ' planning purposes only. II Is not ~d~QUate . for legal boundary definition, regulatory interpretation, or parcel-level analyses. -. -': 18 ·2815~S.F i.·.· ... .. ~ Conte " Sheri Lane -Zone Change 10/28/20133:22:06 PM 1:696 1"=58' The information depicted on .. I ....... ~ planning purposes only. It is not aU"4u,,,,, for legal boundary definition. regulatory interpretation, or parcel-level analyses. e) . Conte· Sheri I..ane • Zone Change 10/2 8/20133:27:05 PM . :.',", 1:696 1"=58' • • ZONlNGMAP • 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. • " 14 23250'5F '" 8 200S? SF 7 20003 SF / 6 ,00315F "" 3 15DOOSF 13 14DOI)SF / I l ;' 12 Hi400 SF Agriciltur:~ 1<, 11 i~400 SF 10 15400 SF , .. ", Conte -Sheri Lane -Zoning Map (Existing) 10/28/2013 3:25:49 PM .. , " . , /f9', .... ,:';~ !.!/ , I .. i " ~ ~I ~. '. " i > r 8 , . i I I ! I !{ / / i ! I ;xl -, i i I 1 :1416 1"=118' ,. ! /~ " "' i I ", 6 / " 5 E 1,o00 SF 15000 SF !! • i . e · .. f . ..: . Agawam Zoning Ordinance . Section 180-3 7 and 180-44 ". ,-.', • • § 180-36 AGAWAM CODE § 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180-37. Permitted uses. ARTICLE VII Agricultural Districts In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natUral ice-harvesting activities . and buildings or structures accessory thereto. C. Buildings or shelters for the sale of fann products, provided that a major portion of the products offered for sale at all times · are raised on the premises and no advertising of products other than those raised On the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-1] § 180-38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the sille of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. Al! other buildings of whatever description shall be at least 100 feet from the street line. 180;28 05 -IS· 2006 I I I I I I I • § 180-40 ZONING § 180-43 § 180-40. Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a director air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as . are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. C. Landscaped rest homes or coiwalescent homes, except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane . or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 OS -15·2006 • • § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use ' structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. § 180-44. Permitted uses. ARTICLE vm "Business A Districts In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of .the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11·15·2004 by TOR·2004·17] E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. [Amended 12·2·2002 by TR·2002·S3] (I) For the public purpose to promote and protect the health, safety, and welfare of the residents of .the Town of Agawam, to prevent and control fires, and to control 180:30 05 • 15 -200<1 I J • e. I § 180-44 ZONING § 180-45 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the nu mber of gasoline filling stations within the Town of Agawam. (2) For the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 issued at anyone time, "nd no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reservedj7 G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in confonnance with § 180-11. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1;' amended 3-8-20110 by TOR-WOO-I) (I) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board. of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. . (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-11. [Added 9·20·1997 by TOR·97·8) J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9·7-2004 by TOR-2004·S) § 180·45. Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys. ·f1ag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Di stricts. B. Heights of other buildings and structures pennitted in this zone under § 180-44A shall not exceed the height permitted in Residence B Districts. 7, Editor's Note: Former Subsection F, which provided for open~air transient parking as a permitted use, was repealed 6·18·2007 by TOR·2007·6. 180:31 07 .01 ·2008 " ii § 180-46 AGAWAM CODE § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 2S feet. § IB0-48 D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especialiy designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § lBO-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No bu siness building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4·7·1986 by TOR·86-6] B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on ' a parcel of land containing not less than one a.:;re in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be 'governed by the provisions of such permit. § 180-48. Perniitted uses. ARTICLE IX Business B Districts In any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Except as otherwise provided in this article, any use permitted in a Residence, Agricultural or Business A District. B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business B Districts may be added thereto, altered or rebuilt. lRO:32 07 -OJ ·2008 , I • Proposed Zone Change Submission by Appiicant " ," , ',. ',. ,".,. ",' . • • Tax CardIn/ormation Unofficial Property Recor. 1 e ,·/' I ' Unofficial Pfoperty Record Card -Agawam, MA General PropertyOata ' PareollD H13818 Prior Parcel 10 6490..0008· Property Ownor CONTE JOHN Mailing Address 881 BARRV ST City FEEDING HillS Mailing Slale MA PlrcelZonlng RA2" ,ZIp 01030 Account Number . Property location SHERllN Property Uso UNDEV Moat 'R ... ntSaIeOato 41171200,8 . -" -. logal Reference 117,4,s:.186 Grantor CONTE;JOSEPH JR Sail Prlco 1 Current Property AssessIJu:tllf . " Xtra ·Features Pagelofl Card 1 Value Building Value __ O _ . V.fueo Land value 8,000 Totol Vllue 8,000 Building Style NIA , of living Unite NIA V •• r Built NlA Building Grada NJA Building Condition Av.~. Flnl.hod A,... (SF) NIA Number Rooms 0 'of 3/4 Bathe 0 "Building ,DeScription . Fo~ndltlon Ty~' NfA Framl Typo NlA 'Rool Struc1uro NlA RP,or.:#~~e; N/A Sldlng,NlA Int.rlor wan. ~/A .. of Bedrooms Q fOI 112 Balb. 0 Lega' b~scription ,~IOOr1ng Type N1A ,::.~ •• ~n't, ,Floor N/A ,H.oitnil Typo NIA H •• ting Fuel N/A ~Ir Conditioning 0% , ,~,vi Bam! Glrag .. 0 ", ','OI'FUUBalbl 0 'Narrative' Descriptio"()ff:'l'op~rty " , Thlo proporty contains 0,646 leros of land mainly cl .... III.d IS UNDEV wHha(n) NIAMyj.tiull4iriil'liIir~,io,lJOut NfA , having NlA oxterior and NfA roof covor, wllb NIA "nI1(8), 0 room(.); QtiGdroom(I), 0 bath(o" 0 haK _(0). ' " , " ' <:, 'Pro ,~ Ima es Disclaimer; Thi~inforrnatiori is believed to be ·Correct but is subject to· change and is not warranteed. • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-186-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAHS. DACHOS, DIRECTOR OFFICEOFPLANNlNG AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change -Sheri Lane -Conte DATE: October 29,2013 On September 17,2013, the Town received a request fora zonechangefor14,333 square feet of land located on the north side of Sheri Lane. The request iSlo change the property from Agriculture . to Business A. . Attached is a copy of the plan submitted by the applicant showing the proposed zoning map change. A copy of the Assessor's map showing the property asit isJistedfor tax purposes and the tax card information are also attached. . . . . Land. Use and Zonillg As stated above, the property for which the zone change is being requested is zoned Agricultural. A copy of the zoning map for this area has been attached. Under the existing Agricultural District the following uses areaIlowed (Please see §180-37 attached.) . Any use permitted in a Residence A-lor A-2 District B. Farms, dairies~ nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. . C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. . • • D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the. premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres ofland adjacent to agriculturally zoned land and by special permit.[Added 2·20-2001 by TOR-2001-1] Under the proposed Business A District the following uses are allowed (l'iease see § ISO-44 attached.) A.Any use permitted in a residence district or anAgricultural District. B. The major use of a building or structure in this district shall be to store anddispiay goods for sale at retail on the premises or to furnish a service intended for reSidents of the irttmediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in partJorany fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. F. Cabins, iflicensedunder MOL c. 140, § 32A to 32E, inclusive. o. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § ISO-II. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-S-2000 by TOR-2000-I] H. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § IS0-ll.[Added 9-20-1997 by TOR-97-S] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] The property is presently abutted on the north and west by Business A and to the east and south by Residence B. The lot in. question consists of a split zone with the westerly half zoned Business A and the easterly half Agricultural. The Agricultural portion is isolated from any other Agriculturally zoned land is essentially a "spot zone". The abuttingiand uses are. a business to the north, multi- family dwellings to the east and south and single family dwellings to the west. • • The applicant submits that they wish to use the parcel for business development. They also own the lot on the comer of Springfield Street and Sheri Lane which, js zoned Business A and abuts the parcel. Environmental Considerations There do not appear to be any wetland resources on the property. The "Soil Survey of Hampden County, Massachusetts, Central Part'. prepared by the U.S. Department of Agriculture Soil Conservation Service indicates that the soils on this site are primarily Merrimac fine sandy loam and have slight to moderate limitations for building site development. Conclusion The Planning Department concurs with the applicant that: I. The site is well suited to commercial development. 2. The site abuts viable business uses and should not derogate from the intent of the Zoning Ordinance. • • PARCEL MAP • • 15 ,,~ "~ " " ~ 21533 SF .~ ~~ '" " ~ 449 is' .. <? ~/16 4/ o..~ 17 {:o$ 7405 SF 19 10512 SF ".,.;> '&>$ ,,'" ~U' ~. 18 ,,<:S .... .. 28156 SF .,; 28 .... 9897 SF '~ -a 27 '$ '-!> ~ ,:>". 6828 SF ... f!Ij"'~ /$ / ./6' '.p$ Sq., 15 ~ ./ '1r 5896 S F,.'I. '\:, . .... 6' '''/ 31 29 30 30 28 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. Conte -Sheri Lane -Zone Change 10/28/20133:22:06 PM ~ ~ '00 5 1.19 AC - 36 37 38 25 27 39 29 31/ eN 1:696 1"=58' ').W> 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. • Conte -Sheri Lane -Zone Change 10/28/20133:27:05 PM 1:696 1"=58' • • ZONING MAP 9 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, • 4 "" .' ." 270:19 SF .. ~ '-~' ',. '" 10 8 20037 SF .. ,,, " .' ,/ 7 20003 SF .. ~ A~c:ul'Jr.ll .. 5 '!Il l' 1.1tAC 9 200375F '~ 11 154008F ~ 10 15400 SF '" '" • Conte -Sheri Lane -Zoning Map (Existing) 10/28/2013 3:25:49 PM eN 1:1416 1"=118' .. "", 6 6 20037 SF " 3 4 15000 Sf " Agriculv.nl 5 150005F 15DOO Sf .. ,,. • • Agawam Zoning Ordinance Section 180-37 and 180-44 • • § \80-36 AGAWAM CODE § \80-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180-37. Permitted uses. ARTICLE VII Agricultural Districts In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and nannal ice-harvesting activities . and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is anaccessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-1] § 180-38. Height regulations. Buildings or structures permitted in this zone under § \80-37A shall not exceed the heights permitted in § 18()..24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05 • 15·2006 I I I I I I I I I I I I • • § 180-40 ZONING § 180-43 § 180-40. Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct .or air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. C. Landscaped rest homes or convalescent homes, except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 05 -15 -2006 • • § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. § 180-44. Pennitted uses. ARTICLE VID Business A Districts In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of lhe immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or In part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. ()ne-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11-15-2004 by TOR-2004-17) E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted. [Amended 12-2-2002 by TR-2002-53] (I) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control 180:30 05 -15 • 2006 I I I I I I I I I I • • § 180-44 ZONING § 180-45 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam. (2) For the purpose of licensing gasoline service stations under the prOVIsIOns of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 issued at anyone time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reserved)' G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § ISO-II. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-8-20.)0 by TOR-2000-1] (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board. of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter ISO, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special pennit from the Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-S] § 180-45. Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § IS0-44A shall not exceed the height permitted in Residence B Districts. 7. Editor's Note: Former Subsection F, which provided for open-air transient parking as a permitted use, was repealed 6·18·2007 by TOR·2007·6. 180:31 07·01 ·2008 § 180-46 AGAWAM CODE § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. § 180-48 D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 18()'44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7·1986 by TOR·86·6j § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4·7.1986 by TOR·86-6) B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on-a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. § 180·48. Penriitted uses. ARTICLE IX Business B Districts In any Business B District as indicated on the Building Zone Map, no building Or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Except as otherwise provided in this article, any use permitted In a Residence, Agricultural or Business A District. B. Residential buildings and appurtenant buildings such as garages. sheds, bams, etc., presently existing in Business B Districts may be added thereto. altered or rebuilt. 180:32 07·81 • 2008 I • • Proposed Zone Change Submission by Applicant • • Tax Card Information Unofficial Property Record _ • Unofficial Property Record Card -Agawam, MA ParceliO H13818 Prior PareellD 6490-OOO8~ Property OWner CONTE JOHN Mailing Address 881 BARRY ST City FEEOINGHILLS Mailing State MA ParcelZoning RA2 ZIp 01030 General Property Data Account Number Property Location SHERI LN Property U$e UNDEV Most Recent SaIeDaIIt 4117/2009 Legal Refererice17745-t66 Grantor CONTE,JOSEPH JR Sale Price 1 landA .... 0.646 acres Current Property Asses$ment Page 1 of! Card 1 Value Building Value 0 Xtra Features ValueD Land Value 8,000 Total Value 8,000 Building Style N/A ., of living Units N/A Year Built N/A Building Grade N1A Building Condition Average Finlshod Area (SF) N/A Number Rooms 0 .. of 3/4 Baths 0 Building Description Foundation Type N/A Frame Type N/A Roof Structure N/A Roof CoverNtA Siding NlA Interior Walls N/A • of Bedrooms 0 • of 1/2 Balhs 0 legal Description Narrative Description of property Flooring Type N/A Basement Floor N/A Heating Type N/A Heating Fuel N/A Air Conditioning 0% , of Bamt Ganlges 0 'ofFuil Balhs 0 .. of OII>e. Fixtures 0 This property contains 0.646 acres of land mainly classified as UNDEV with a(n. N/A style bUUding~' built ~bOut NlA , having N/A exterior and NlA roof cover, with NlA unll(s), 0 room(s), 0 badroom(s), 0 bath(s), 0 half bath(s). Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. http://agawam.patriotproperties.com/RecordCard.asp 10/29/2013 • • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-7S6;.0400Fax 413.-786-9927 .. , October 23, 2013 Dear Abutter: John Conte and Louis Conte have submitted to the Town a zone change request for parcel H13- 8-18 Sheri Lane. The parcel is clllTentiy zoned Business A and Agricultural and the request is to re-zone the parcel entirely Business A. The Assessors Office lists you as an abutter and therefore must be notified of the upcoirung public hearing. The Planning Board will be holding a public hearing on this request on Thursday, November 7, 2Q13 at 7:00 PM. The meeting will be held atthe Agawam Public . Library, 750 Cooper Street,Agawam. You are encouraged to attend and comment. Sincerely, /~-PtCM~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, November 7, 2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Conte for a zone change request on Sheri Lane from Business A and Agricultural to all Business A. Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours of8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board (Ad to be run 10/24/13 & 10/31/13) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing & Community Development -.. FALCOR HOMES INC C/O JONATHAN C. STEARNS P.O. BOX 39 SUFFIELD, CT 06078 DENISENKO NIKOLAY DENISENKO NATAL YA 8 ROYALLN AGAWAM, MA 01001-1630 v + F REAL TY PARTNERSHIP PALANGE FRANK V 443 SPRINGFIELD ST AGAWAM, MA 01001 ROUX STEVEN P ROUXRUTHA 38 ROYAL LN AGAWAM, MA 01001-1630 MAYNARD IEFFREY 468 SPRINGFIELD ST FEEDING HILLS, MA 01030 CONTE JOHNR CONTELOmSE C/O JOSEPH J CONTE AGAWAM, MA 01001 BARANOV OLEG BARANOV IRINA 10 ROYAL LN AGAWAM, MA 01001 DAUNAIS JEREMY L 55 ROYALLN AGAWAM,MA 01001-1643 DAUDELIN ALFRED S DAUDELIN THERESA M 58 ROYALLN AGAWAM, MA 01001-1630 CONNOR KELLY I GLEASON KEVIN P 76 ROYALLN AGAWAM,MA 01001-1630 • KIMYOUNGK KIMHYUNK 35 LAWRENCE DR LONGMEADOW, MA 01106 V + F REALTY PARTNERSHIP 443 SPRINGFIELD ST AGAWAM, MA 01001 BLAKE BRENDAN G BLAKE CHRISTINA 18 ROYAL LN AGAWAM, MA 01001-1630 DREWNOWSKI RAYMOND S DREWNOWSKI FRANCES A 449 SPRINGFIELD ST FEEDING HILLS, MA 01030 CONTE RITA J TR THE CONTE FAMILY TRUST 453 SPRINGFIELD ST AGAWAM, MA 01001 CONTE JOHN 661 BARRYST FEEDING HILLS, MA 01030 KUDLICJOHN 491B SPRINGFIELD STREET FEEDING HILLS, MA {)1030- KUDLIC JOHN G 493 B SPRINGFIELD ST FEEDING HILLS, MA 01030- BIENIA CHARLES J II GETTO ANDREW J 61 ROYALLN AGAWAM, MA 01001-1643 ASHEY RONALD W JR ASHEYKIMC 27 SHERI LANE ESTATES AGAWAM, MA OIOOI-IS04 • THE GRIMALDI FAMILY 234MAPLEST AGAWAM,MA 01001-1334 V + F REALTY PARTNERSHIP 443 SPRINGFIELD ST AGAWAM, MA 01001 MOORE VERAM 11 WILSONST AGAWAM, MA 01001-1332 GORMAN DANIEL W GORMAN CYNTHIA M 30 ROYALLN AGAWAM,MA 01001 MAZZEI FRANCIS S MAZZEI JOANN 476 SPRINGFIELD ST FEEDING HILLS, MA 01030 POWNALL KEVIN B POWNALL CHERRY 39ROYALLN AGAWAM, MA 01001-1643 KUDLICANN 491B SPRINGFIELD ST FEEDING HILLS, MA 01030 KUDLICJOHN KUDLICANN 491B SPRINGFIELD ST AGAWAM, MA 01030-3003 DECKER JOHN G 66 ROYALLN AGAWAM, MA 01001-1630 DEWOLF DANIELLA L 25 SHERI LANE ESTATES AGAWAM,MA 01001-1504 CLEARWATER CARLY M CLEARWATER DANIEL E 31 SHERI LANE AGAWAM, MA OlOOI-1504 SCHERMERHORN ROBYN L 33 SHERI LANE ESTATES AGAWAM, MA OlOOI-1504 FULLER ROBERT G FULLER YIQU 45 SHERILN AGAWAM, MA 01001-1504 SEXTON DANIEL B SEXTON TAMI L 42 SHERI LANE AGAWAM,MA OlOOI LARIVEE MICHAEL V 47 SHERI LANE ESTATES AGAWAM, MA 01001-1504 REIDYJOHNJ 51 SHERILN AGAWAM,MA OlOOI THE FEARN FAMILY REAL Y STODDARD DIANE TR 44 SHERI LANE AGAWAM, MA 01001 SIROIS KRISTA L 34 SHERILN AGAWAM,MA OlOOI • KIRBY JANET L 29 SHERI LANE ESTATES AGAWAM, MA OlOOI-1504 ALMQUIST DANA A JR 39 SHERI LANE AGAWAM,MA 01001 DIRT ROAD REALTY, LLC 476 COLLEGE HIGHWAY SOUTHWICK, MA OlO77 ANTOINE PAUL A ANTOINE LISA J 26 SHERILN AGAWAM,MA 01001-1504 OUELLETTE TERESA 43 SHERI LANE ESTATES AGAWAM, MA OlOOI CONNELL MAYNARD E BARTOLUCCI JOANN 40 SHERI LANE ESTATES AGAWAM,MA 01001-1504 BRUNO MARIA D C 32 SHERI LN AGAWAM, MA OlOOI-1504 STORK ANGELA 30 SHERI LANE AGAWAM,MA 01001 • GAGLIARDUCCI CARMELA A 35 SHERI LANE ESTATES AGAWAM, MA 01001-1504 HENRY NEILL A HENRY ALAINA T 37 SHERI LANE AGAWAM, MA 01001-1504 REDMAN STEVEN 36 SHERILN AGAWAM, MA 01001-1504 RIVERA ADNEIDA A 41 SHERI LANE AGAWAM,MA 01001-1504 MARTI ROBERT A 49 SHERI LANE ESTATES AGAWAM, MA 01001 KATICADEANH 226 HARLEY ST CAMBRIDGE, MA 02141 SAWYER THOMAS M 38 SHERI LANE AGAWAM, MA OlOOI MARTIN ARETHA S 84 TALLYHO DR SPRINGFIELD, MA 01118 • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Safety Officer Fire Department Health Department MEMO . Conservation Commission Engineering DepartmentJDPW Board of Appeals School Committee Assessors FROM: Planning Board DATE: October 1, 2013 SUBJECT: Zone Change-Sheri Lane -Conte The Planning Board will be holding its public hearing on a Zone Change request for Sheri Lane by Conte on Thursday, November 7, 2013. The property is currently zoned Agricultural and Business A and the request is for a change to all Business A. We would appreciate any comments you may have prior to this hearing. Please be advised that this item will be on the October 8th Team Meeting agenda. Sincerely, /~P~of~ Travis P. Ward, Chairman AGAWAM PLANNING BOARD TO: FROM: • • INTEROFFICE MEMORANDUM PAM KERR, PLANNING DEPARTMENT BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE FOR PARCEL ID H13 8 18 DATE: 9/20/2013 This office is in receipt of the attached petition for a zone change for the property located at Sheri Lane in Feeding Hills as submitted by R. Levesque Associates, Inc. on behalf of John Conte and Louis Conte of 661 Barry Street, Feeding Hills, MA. Please contact me so we can coordinate public hearing dates. Thank you. cc: Full Council, Mayor, Solicitor RECEIVED SEP 20 2013 AGAWAM PLANNING BOARD '. • , ".- •• ' ',C, ,'."~ :', ""," Application, Narrative & Supporting Documents September 10, 2013 Subject Property: Sheri Lane Parcel H 13 8 18, Feeding Hills, MA Applicant: John Conte and Louis Conte 661 Barry Street Feeding Hills, MA 01030 • RLA Project # 1 30802 • • • ',r :~ A LAND PLANNING SERVICES COMPANY ..... ,._,-.' ..... --.. --" -. • n ...... 0 = c: ;::; ;r:. v') :J><:'"l rcl ~r= -0 ~~ -1 C:'" :-::"';0 » 7:::" :>0 . .,., ~--? .,., " -'-, --. . ---.--.. ----~ ---~--- I I I I I I I • • • .: •• • • • --~ .. • Title Page TABLE OF CONTENTS Zone Change Petition Sheri Lane (Parcel H 13 8 18) Agawam, MA 01001 • SECTION Zone Change Petition Letter ................................................................................ 1 Locus Map ........................................................................................... 2 Deed .................................................................................................. 3 Copy of Filing Fee Check ................................................................................... .4 Subdivision of Property Plan dated January 30, 1986 by D.L. Bean, Inc ................ 5 • • SECTION 1 ZONE CHANGE PETITION LETTER • • II II III II II II • • • • • • • September 10, 2013 Mr. Christopher Johnson -President Agawam Town Council 36 Main Street Agawam, MA 01001 RE: Petition for Zone Change Sheri Lane (Parcel H 13 8 18) Feeding Hills, MA 01030 RLA Project # 130802 Dear Mr. Johnson & Councilors: • ~ RLA On behalf of John and Louis Conte, owners of the above referenced property, R Levesque Associates, Inc is herein respectfully petitioning the Agawam Town Council for a Zoning Map Amendment (Zone Change) for Parcel H 13 8 18 on Sheri Lane in Feeding Hills, MA. Properly Designation: The subject property is known as Parcel H 13 8 18 on the Agawam Assessors Mapping. The subject property falls within two zoning districts: Business A and Agricultural. The southern portion of the property is zoned Agricultural and the northern portion is zoned Business A. Zoning Map Amendment (Zone Change) Sought: The petitioner seeks an amendment (Zone Change) to the Town of Agawam Zoning Map for parcel H13 8 18 and, as set forth in section 180-3 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel to be rezoned to Business A. Reason for the Zoning Map Amendment: The aforementioned Zone Change is being requested to allow for future business development to be pursued within the subject property. By granting the aforementioned Zone Change, the Council will be allowing the applicant to pursue an economically viable commercial development within the subject parcel. A LAND PLANN!NG SERViCES COMPANY • , - --~ , --,. --~ -. I --.. .-.. .. II II .. .. *' • Argument: • ~ RLA a. Facts to support a finding that the Zone Change will be desirable and without substantial detriment to the public good: 1. The subject site is well suited to commercial development. The required Town services are all available at the property frontage and the traffic adjacent to the parcel provides a healthy market for potential development. 2. The subject property abuts viable business uses and should not derogate from the intent of the Zoning Ordinance. Understanding the aforementioned, the Zoning Map Amendment (Zone Change) requested herein is not detrimental to the public good, and does not substantially derogate from the intent of and purpose of said Zoning Ordinance. Based on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant the aforementioned ·ng Map Amendment under the Town of Agawam Zoning O,d'"o"~ :;;0" /1' ollow'"9 'J ;f92ioc! pmpert'"' 10 b" ,,""d ''''M« A Petitioner: (~ I I -!/t) '-l...Y71"t- i Joh~Con and Louis Conte Should you ~ave any questions or comments contact our office at your convenience . Si"'~.ct- Robert M. Levesque, RLA, ASLA President regarding this Application, please do not hesitate to I • • I SECTION 2 I Locus MAP I I I I I I I I I I I I I • I • •" " '" II .. L 15 .... ~".. -.16770S! 16 , ll 770'SF ~ .. ~ ~. , .' " *{> , 28 15 1153JSF ~ .. . " ,. ., .,. 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. 27 1 ,/ ~I J200 SF iI' .:.¢l ,jI" / '-. 19 Ht512 Sf '? ... ",. '" j,'~" ~., :~;16 ./ ./ 17 6098 SF " ./ / ./ 5 119AC 9/3/201312:39:37 PM ,/ ./ 4 270.59 SF < .' " 19EOl Sf 9 '", ". m 20017 Sf J'~ ". . ,'¢ 14 12197 SF 8 ZaG3' " .. . •. 2n~Sf ~: i , 1 :1284 1"=107' '" .. ' .. " ,0 i~ I I I I I I I I I I I I • • • • • I I • • SECTION 3 DEEDS • I I I I t t J ( t I I I I I • • Bk 17745 Ps166 ~24316 04-17-2009 a 01=35p QUITCLAIM DEED I JOSEPH CONTE, JR., of 630 Barry Street, Feeding Hills, Hampden County, Massachusetts for NO CONSIDERATION grant to JOHN CONTE, of 630 Barry Street, Feeding Hills, Hampden County, Massachusetts with QUITCLAIM COVENANTS the land in said Agawam, Massachusetts, together with the buildings thereon and bounded and described as follows: Being known and designated as "Parcel E" Area = 28,156' on a Plan entitled ·S~bdivision of Property, Agawam, Massachusetts, For: Joseph J. Conte ... Date January 30, 1986, D.L. Bean, Inc., Surveyors & Engineers" recorded in Hampden County Registry of Deeds, Book of Plans 232, Page 103, to which plan reference may be had for a more particular description of said Parcel. Subject to rights of way if in force and applicable. Subject to easements and restrictions of record, if any, if in force and applicable. No title search being done at the request of the Grantor and Grantee. BEING the same premises conveyed to the grantor by deed dated February 10, 1986, which is recorded in Hampden County Registry of Deeds Book 6008, Page 464. Page 1 of 2 I I I I I I I I I I I I I I I I I I HAMPDEN 55. t h~~il 14, 2009 oA.-~ (1.... <0 JOSEPH CONTE, JR. COMMONWEALTH OF MASSACHUSETTS April 14, 2009 Pg167 #24316 On this April 14, 2009, before me, the undersigned notary public, personally appeared JOSEPH CONTE, JR. proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, to be t he person whose named is signed on the preced~' ___ or attached docume nt, and acknowledged the ~¥Ota~ayi ly for i ts stated purpose . commission expir s, March 11, 2016 Page 2 of 2 DONALD E. ASHE. REGISTER ~ HAMPOEN COllt(fV ~1'r.,qRv (\~ DEEO. r t ~ October 24, 2013 AGA WAN ADvtRTISrn NIWS Page 17 JUNIOR WARRIORS COMPLETE UNDEFEATED SEASON COLLEGE NEWS Rackliffe named MASCAC Volleyball Player and Rookie of the Week FRAMINGHAM. -For the second time this season, Framingham State University freshman out,<;ide hitter and Feeding Hills resident Alycia Rackliffe has been named the Massachusetts State Collegiale Athletic Conference (MAS- CAC) Player and Rookie of the Week for the week ending Oct. 20. Rackliffe earns her sixth Rookie of the Week nod this sea~ son and her third overall Player of the Week honor. Sh-: averaged 10.3 kilis. 3.8 dig~ and a solo block with a A{): hiuing percemage in a 4-C} lveek for {he Ram". She rccordei: 10 ki lls. five digs and tWO sOlO biocks in a conference vic- lO:~' over Bridgewatcr State and followcd that up \vith l kil:s and five digs ill a yL\SCAC \ ... ·i11 m'cr Won.:csi(';· Smte l(: i~c'~~: ~h(' KU17h aton IllC COll!·eren\.:;: slanciing\. Sne iir,i.;;he( lI:C i.', ~ei...: v;-[li; !...:. kili~ 0;; ! 5 mrcmOb' wilil ;! si:1g-i: crrvr in t. n(J"'l-':OI~fcrcn:::::-\'i(:LOr~ 0\-:;:' \\'P .. Gonet moves inro Lart~ Lanters lOP 10 in scoring V·/.:JRCESTER -Won:cqe;-SHHt' women's .. occer scnll" <}r;({ Agawam resident ~(.:ored her tir"lIl goa: of toe: ;;,eaSO!1 ir :: 3-win over Coib:-"-Sa\~'ycr ia.;;y week. Turley Publications submitted photo AGAWAM -The Agawam Junior Warriors completed an undefeated season under the lights at Clark Fiel.d in West Springfield on Saturday night. Please join us in congratulating the team on their terrific season and wishing them luck in the playoffs this weekend. We are proud of you. \Vith her marker. Gonet moves into the top 10 on the \Von:ester Stale's all-time scoring. list a~ she. pas~ed Laurel) Desimone (1999-2002j w'ith her 2 1 st career Lally and 55th poinl. Agawam Advertiser News Obituary Policy O-.hi11larie5~Lhurctl1Jew.s DEATH NOTICES & SERVICES Almiron, Rosa G. Gedney, Claire A. Died Oct. 16, 2013 Died Oct. 12, 2013 Celebration of Life Funeral OCt. 17, 2013 Service Oct. 20, 2013 Agawam Fun eral Home Kingdom Hall Congregation Roberts, Donald R. Feeding Hills Died Oct. 17, 2013 Funeral Oct. 22, 2013 DiFlumera, Jeannette Colonial Forastiere A. Funeral Home Died Oct. 20, 2013 Agawam Funeral Oct. 24, 2013 Agawam Funeral Home tlFALL DECORATIONS Agawam Center Cemetery 820 Main St., Agawam MUST BE REMOVED BY OCTOBER 31,2013 The Cemetery WiU Remove the Remaining Dec01'ations Support the local businesses that support your local newspaper. Let them know you saw their ad ill the Agawam Advertiser Try Hearing Aids Free for 60 Days Announcement - If you have been worried about your hearing and wondering if hearing aids would help, NOW is your chance to find out. Avada Hearing Care Center is offering a 60 day full money back guarantee. Call the number below to schedule a time at one of our 8 Western Mass locations, to be tested to see if you are one of many that hearing aids can help. I f you feel that you can hear but have trouble understanding words clearly, if you have difficulty in groups with background noise. if you tum the TV up too high or can't hear some people on the phone, this free trial is for you. All of the questions you have about your hearing will be answered. If you have ear wax we wiII see it with our video otoscope and tell you how to get it removed. To enjoy life you need to hear well, and now is the lime 10 do it. Call Now: 1-888-618-9258 (nOlll-ffiA.llnc. 39F B asketball officials wanted Turiey Publications offers two types of obituaries. One is a free, brief Death Notice listing the name of deceased, date of death and fun eral date and place. REGION . Looking for individuals who are inter- ested in officiating Women's Basketball and becoming a member of the Hampden County Board of Women's Basketball Officials Board. The other is a Paid Obituary, costing $50, which allows families to publish extended dealh notice information of their own choice and may include a photograph. Death Notices & Paid Obituaries should be submitted Ihrough a funeral home to: obits@turiey.com. Please contact Don at 413-5 19-5407 or Joe at 413- 967·4094. Exceptions will be made only when the family provides a death rertificate and must be pre·paid. CLUES ACROSS 39. Seed of the legume 6. A young pig 33. Hogshead (abbr.) 1. I st. 2nd & 3rd in family 7. Wyatt _, OK Corral 35. As much as one baseball 40. Drove in golf 8. Point one point S of can eat 6. Sew up a hawk's 41. Without difficulty dueE 36. Puts in a horizontal eyes 43. Without (French) 9. Those who give posilion 10. N'Djamena is the 45. Puliticians (informal) fmly 37. Cotangent (abbr.) capital 46. ~ot happy 10. Small·slice of meat. 39. Vitamin H 14. Be a connetlor 47. Spiritual being especiall)' veal 42. Book hinges 15. To accustom 49. Male child 11. Dislike intensely 43. Voiced musical t 7. Com Rower 50. The cry made by 12. Egypcian sun God soun.ds 19. FormerCJA sheep 13. Animal lair 44. In the year of Our 20. Bark sharply 53. Handheld image 16. Dutch flowers lord 2 L Actress Barkin enJarger 18. A Greek harp 46. Japanese 22. Cathode·ray LUbe 57. Inventiveness 22. O. Twist's author's entertainment firm 23. Shallowesc Great 58. Column styJe injlials 47. Comedian Carvey Lake 59. Impudence 23. Periods of time 48. Bird reproductive 24. Surface of a plane 6(). 33 113 records 24. Claus txxIies figure 61. Berkeley's sister city 25. Actress Lupino 49. Rests on a chair 26. Bird of prey 27. Green regions of 50. River border 29. A large number CLUES DOWN desert 51. Largest continent 31. Chums 1. Lymph node plague 28. Any competition 52. Plural of ascus 32. Express pleasure swelling 29. Salem, MA, teachers 53. l'r<fix for ill 34. Capital of Yemen 2. Freshwater duck college 54. sman bark 35. Sanctify genus 30. Container for 55. Geographic 37. Hyperbolic cosecant 3. Dog auacks display Information Syslem 38. Central Standard 4. Eilat Airport 31. Ink writing 56. Mauna _,Hawaiian Tune 5. Visualize implement volcano - - : i I,; I .1" PagelS AGAWAM ADYI::RTISI::R N£WS October 24, 2013 ASBAC seminar to feature marketing expert The Agawam Small Business Assis- tance Center will hold a "Mobile Market- ing" seminar Wednesday, Oct. 30 at the Agawam Senior Center, located at 954 Main St. in Agawam from 6:30 to 8:30 p.m. in the cafeteria. This seminar is free and will help new and existing business owners learn new and trending ideas on how to use easy methods of mobile mar- keting to increase their business sales and services. Anna Kleeberg, well known website and graphic designer, will show attendees the latest tool that combines the power of video and social media marketing on a global scale. of businesses varying in size and industry, including Fortune 500 companies such as Kraft Foodservice, Northwestern 1v1utual Financial Network. and G.E. to small and mid-size organizations. She credits her company's continued success to four main ingredients that are applied to every proj- ect -experience, creativity, dedication and cooperative teamwork; producing a win- ning combination. Her company utilizes traditional and state-of-the-art technology to effectively assist clients in reaching their targeted audience. Admission is free, but advance reserva- tions are required. Register online at www. asbac.net or by calling (413) 786-0172. The Agawam Small BusinessAssistance Center receives support from Berkshire Bank Charitable Foundation, Columbia Gas of Massachusetts, Easthampton Sav- ings Bank, Hampden Savings Bank, TO Bank, United Bank, Western Massachu- setts Electric Company and West of the River Chamber of Commerce. Kleeberg brings her vast knowledge and expertise working with a wide range Legal Notice,~5 ~_ LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a pub- lic hearing on Tbursday, No",ember 7,2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Conte for a zone change request on Sheri Lane from Business A and Agricultural to all Business A. Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours· of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street. Agawam. MA. BY ORDER OF: Travis P. Ward, Chairman Agawam Planning Board 10/24.10/31/13 Commonwealth of Massachusetts The Trial Court Probate and Family Court 50 State Street Springfield, MA 01103 Docket No. HD13P1983GD In the matter of: Charles R Davis Of: Agawam, MA RESPONDENT Alleged Incapacitated Person CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR INCAPACITATED PERSON PURSUANT TO G.L. c. 190B, §5-304 To the named Respond- ent and all other interested persons, a petition has been filed by Jeffrey D Hartman of Seville, OH, Brendan M Davis of Kent, OH in the above captioned matter alleg- ing that Charles R Davis is in need of a Guardian and requesting that Jeffrey D Hartman of Seville, OH, Brendan M Davis of Kent, OH (or some other suitable person) be appointed as Guardian to serve Without Surety on the bond. The petition asks the colirt to determine that the Respondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a request for certain specific authority. You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on Of before 10:00 a.m. on the return date of 11/0712013. This day is NOT a hearing date, but a deadline date by whi.ch you have to file the written appearance if you object to the petition. If you fail to file the writ- ten appearance by the return date, action may be taken in [his matter without further notice to you. In addition to filing the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceed- ing may limit or completely take away the above-named pcrson's right to make deci- sions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person 'Cannot afford a lawyer, one may be appointed at State expense. WITNESS. Hon. Anne M Geoffrion, First Justice of this Court. Date: October 10. 2013 Suzanne T Seguin Register of Probate 10/24/13 Commonwealth of Massachusetts The Trial Court Probate and Family Court 50 State Street Springfield, MA 01103 Docket No. HDlOP2541PM In the matter of: Marilyn Coates Of: Agawam, MA Protected Person! DisabledPerson! Respondent CITATION GIVING NOTICE OF CONSERVATOR'S ACCOUNT To the named Respondent and all other interested per- sons, you are hereby noti- fied pursuant to Rule 72 of the Supplemental Rules of the Probate & Family Court, that the Second account(s) of Dennis Coates of Chicopee, MA as Conservator of the property of said Respondent has or have been presented to the Court for allowance, You have the right to object to the account(s). If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return date of 11108/2013. This day is NOT a hearing date, but a deadline date by ","hich you have to file the written appearance if you o.bject to the accouot(s). If you fail to file the writ- ten appearance by the return date, action may be taken in this matter without further notice to you, including the Please check the accuracy of your legal notice prior to submis- sion (Le" date, time, spelling), Also, be sure the requested publication date coincides with the purpose of the notice, or as the law demands, Thank you, TOP PRODUCERS Turley Publications courtesy photos Ted Cassell, president of Park Square Realty and manager of the Park Square Feeding Hills office, announced that the Agawaml Feeding Hills top producing agents for the third quarter of 2013 are, from left, Jan Szemela, Tim Coughlen and Kim landry, allowance of the account(s). Additionally, within thirty days after said return day (or within such other time as the Court upon motion may order), you must file a written affidavit of objec- tions stating the specific facts and grounds upon which each objection is based and a copy shall he served upon the Conservator pursuant to Mass. R. Civ. P. 5 You have the right to send to· the Conservator, by regis- tcred or certified mail, a writ- ten request to receive a copy of the account(s) at no cost to you. IMPORTANT NOTICE The outcome of thJs proceed- ing may l1mit or completely take away the above-named person's right to make deci- sions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS. Hon. Anne M Geoffrion, First Justice of this Court. Date: October 11, 2013 Suzanne T Seguin Register of Probate 10/24/13 Commonwealth of Massachusetts The Trial Court Hampden Probate and Family Court 50 State Street Springfield, MA 01103 (413)748-7758 Docket No. HD13P1954EA Estate of: Candice Colleen Ruccio Date of Death: 05/03/2013 CITATION ON PETITION FOR FORMAL ADJUDICATION To all interested persons: A Petition has been filed by: Kathleen Fasano of East Hartford CT requesting that the Court enter a formal Decree· and Order of testacy and for such other relief as requested in the Petition. And also requesting that: Kathleen Fasano of East Hartford CT be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond. You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appear- ance and objection at this Court before: 10:00 a.m. on 11104/2013 This is NOT a hear- ing date, but a deadline by which you must file· a writ- ten appearance and objec- tion if you object to this pro- ceeding. If you fail to file a timely written appearance and objection followed by an Affidavit of Objections within thirty (30) days of the return date, action may be taken without further notice to you. The estate is being administered under formal procedure by the Personal Representative under the Massachusetts Uniform Pro- bate Code without supervi- sion by the Court. Inventory and accounts are not required to be filed with the Court, but recipients are entitled to notice regarding the admin-· istration from the Personal Representative and can peti- tion the Court in any matter relating to the estate, includ- ing distribution of assets and expenses of administration. WITNESS. Hon. Anne M Geoffrion, First Justice of this Court. Date: October 07, 2013 Suzanne T. Seguin Register of Probate 10/24/13 October 24, 2013 AGAWAM ADVl::RTIS£R N£WS Page 17 JUNIOR WARRIORS COMPLETE UNDEFEATED SEASON COLLEGE NEWS Rackliffe named MASCAC Volleyball Player and Rookie of the Week FRAMINGHAM. -For the second time this season, Framingham State University freshman outside hitter and Feeding Hills resident Alycia Rackliffe has been named the Massachusetts State Collegiate Athletic Conference (MAS- CAe) Player and Rookie of the ~reek for the week ending Oct. 20. Rackliffe earns her sixth Rookie of the \-'leek nod this sea- son and her third oyerall Player of the Week honor. She avcaged to.3 kiii:-,. 3.8 digs and a solo block with a .407 hiuing percentage in a 4-0 week for the Rams. She recorded le,i ~;ill~. rive digs and 1WO solo hlocks in a conr"crencc vi','- :llr::.· uvcr Briog-~v'''J1-:r S'al·~' anci. followCd that un with i J~i] hand riYe dig~ li1 ai\lASC.:\C Wln oycr \Vorecster Slate L', Kl'~n [he Ran;) alOe, the ~:·;lDrcrcn:.:c _~Ia!1Cling:-,_ Sne :i!1i:~n:;o~: \n: ,'Cl: wit!-: -+ Lil i\ or' :; aLcmnh \,-iu' a :-,ingle errnr in , '-i:',·" C:'li1\'(;ren-~::· \~~l()ry ;:,\cr \VV. (Tonet moves into Lady Lancers top 10 in scoring- \\-ORCESTEE -\\'on::cste:-Stal~ women·~ soccer senie," ane A,!!awam r;"siC1cn~ scored hcr fifth goal of the season in 3-; win over Colby-Sawyer last wee).;. Turley Publications submitted photo AGAWAM -The Agawam Junior Warriors completed an undefeated season under the lights at Clark Field in West Springfield on Saturday night. Please join us in congratulating the team on their terrific season and wishing them luck in the playoffs this weekend. We are proud of you. \Virh hcr nwrker. Gonet moves into the lOll JO on the Worcester Slaie's all-time. scoring list as she passed Lauren Desimone (19~9-2002) \J,-'ith her 21 st career tally and 55th poinl. Agawam Advertiser News Obituary Policy ObituaIies.&LhurcD~ews DEATH NOTICES & SERVICES Almiron, Rosa G. Died Oct. 16, 2013 Celebration of Life Service Oct. 20, 2013 Kingdom Hall Congregation Feeding Hills DiFlumera, Jeannette A. Died Oct. 20, 2013 Funeral Oct. 24, 2013 Agawam Funeral Home Gedney, Claire A. Died Oct. 12, 2013 Funeral Oct. 17,2013 Agawam Funeral Home Roberts. Donald R. Died Oct. 17, 2013 Funeral Oct. 22, 2013 Colonial Forastiere Funeral Home Agawam Agawam Center Cemetery 820 Main St., Agawam MUST BE REMOVED BY OCTOBER 31,2013 The Cemetery Will Remove the Remaining Decorations Support the local businesses that support your local newspaper. Let them know you saw their ad in the Agawam Advertiser Try Hearing Aids Free for 60 Days Announcement - If you have been worried about your hearing and wondering if hearing aids would help, NOW is your chance to find out Avada Hearing Care Center is offering a 60 day full money back guarantee. Call the number below to schedule a time at one of our 8 Western Mass locations, to be tested to see if you are one of many that hearing aids can help. If you feel that you can hear but have trouble understanding words clearly. if you have difficulty in groups with background noise, if you tum the TV up too high or can't hear some people on the phone, this free trial is for you. All of the questions you have about your hearing will be answered. If you have ear wax we will see it with our video otoscope and tell yOll how to get it removed. To enjoy life you need to hear well, and now is the time to do it. Call Now: 1-888-618-9258 02013 HHM,inc. 39F Basketball officials wanted Turley Publications offers two types of obituaries. One is a free, brief Death Notice listing the name of deceased, date of death and funeral date and place. REGIOK c Looking for individuals who are inter- ested in officiating Women's Basketball and becoming a member of the Hampden County Board of Women's Basketball Officials Board. The other is a Paid Obituary, costing $50, which allows families to publish extended death notice information of their own choice and may include a photograph. Death Notices & Paid Obituaries should be submitted through a funeral home to: obits@turley.com. Please contact Don at 413-519-5407 or Joe at413- 967-4094. Exceptions will be made only when the family provides a death certificate and must be pre·paid. CLUES ACROSS 39. Seed of the legume 6. A young pig 33 Hogshead (abbr.) 1. 1st. 2nd & 3rd in family 7. Wyatt_, OK Corral 35. As much as one baseball 40. Drove in golf 8. Point one point S of can eat 6. Sew up a hawk's 41. Without difficulty dueE 36. Puts in a horizontal eyes 43 Without (French) 9. Those who give position 10. N'Djamena is the 45. Politicians (infonnal) freely 37. Cotangent (abbr.) capital 46. Not happy 10. Smail slice of meat, 39. Vitamin H 14. Be a connector 47. Spiritual being especially veal 42. Book hinges 15. To accustom 49. Male child 11. Dislike intensely 43. Voiced musical 17. Cornflower 50. The cry made by 12. Egyptian sun God sounds 19. Fonner CIA sheep 13. Animal lair 44. In the year of OUT 20. Bark sharply 53 Handheld image 16. Dutch flowers Lord 21. Actress Barkin enlarger 18. A Greek harp 46, Japanese 22. Cathode.ray tube 57. Inventiveness 22. O. Twist's author's entertainment finn 23. Shallowest Great 58. Column style initials 47. Comedian Carvey Lake 59. bnpudence 23. Periods of time 48. Bird reproductive 24. Surface of a plane 60. 33 1/3 records 24. Claus bodies figure 61. Berkeley'S sister city 25. Actress Lupino 49. Rests on a chair 26. Bird of prey 27. Green regions of 50. River border 29. A large number CLUES DOWN desert 51. Largest continent 31. Chums 1. Lymph node plague 28. Any competition 52. Plural of ascus 32. Express pJeasure swelling 29. Salem, MA, teachers 53. Prefix for ill 34. Capital of Yemen 2. Freshwater duck college 54. Small bark 35. Sanctify genus 30. Container for 55. Geographic 37. HypetiJolic cosecant 3. Dog attacks display Infonnalion System 38. Central Standard 4. Eilat Airport 31. Ink writing 56. Mauna _, Hawaiian Time 5. Visualize implement volcano ,11 l , .1,· t , , <, '> I·f PagelS AGAWAMADVl::RTlSJ.:RNI:WS Ocrober 24, 2013 Busir\ess ASBAC seminar to feature marketing expert The Agawam Small Business Assis~ tance Center will hold a "Mobile Market- ing" seminar Wednesday, Oct. 30 at the Agawam Senior Center, located at 954 Main St. in Agawam from 6:30 to 8:30 p.m. in the cafeteria. This seminar is free and will help new and existing business owners learn new and trending ideas on how to use easy methods of mobile mar- keting to increase their business sales and services. Anna Kleeberg, well known website and graphic designer, will show attendees the latest tool that combines the power of video and social media marketing on a global scale. of businesses varying in size and industry, including Fortune 500 companies such as Kraft Foodservice. Northwestern Mutual Financial Network, and G.E. to small and mid-size organizations. She credits her company's continued success to four main ingredients that are applied to every proj- ect -experience, creativity, dedication and cooperative teamwork; producing a win- ning combination. Her company utilizes traditional and state·of·the-art technology to effectively assist clients in reaching their targeted audience. Admission is free, but advance reserva- tions are required_ Register online at www. asbac.net or by calling (413) 786·0172. The Agawam Small BusinessAssistance Center receives support from Berkshire Bank Charitable Foundation, Columbia Gas of Massachusetts, Easthampton Sav- ings Bank, Hampden Savings Bank, TD Bank, United Bank, Western Massachu- . setts Electric Company and West of the Kleeberg brings her vast knowledge and expertise working with a wide range River Chamber of Commerce. Legal Notices LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a pub- lic hearing on Thursday, November 7, 2013 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing wi11 be to hear the petition of Conte for a zone change request on Sheri Lane from Business A and Agricultural to a11 Business A. Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Travis P. Ward, Chainnan Agawam Planning Boru:d 10/24,10/31/13 Commonwealth of Massachusetts The Trial Court Probate and Family Court 50 State Street Springfield, MA 01103 Docket No. HD13P1983GD In the matter of: Charles R Davis Of: Agawam, MA RESPONDENT Alleged Incapacitated Person CITATION GIVING NOTICE OF PETITION FOR APPOINTMENT OF GUARDIAN FOR INCAPACITATED PERSON PURSUANT TO G.L. c. 190B, §5·304 To the named Respond- ent and all other .interested persons, a petition has been tIled by Jeffrey D Hartman of Seville, OR, Brendan M· Davis of Kent, OH in the above captioned matter alleg- ing that Charles R Davis is in need of a Guardian and requesting that Jeffrey D Hartman of Seville, OH, BrendanM Davis of Kent, OR (or some other suitable person) be appointed as Guardian to serve Without Surety on thc bond. The petition asks the court to determine that the Re.spondent is incapacitated, that the appointment of a Guardian is necessary, and that the proposed Guardian is appropriate. The petition is on file with this court and may contain a req~est for certain specific authority. You have the right to object to this proceeding. If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return date of 11/07/2013. This day is NOT a hearing date, but a~ deadline date by which you have to file the written appearance if you object to the petition. rf you fail to file the writ- ten appearance by the return date, action may be taken in this matter without further notice to you. In addition to ftling the written appearance, you or your attorney must file a written affidavit stating the specific facts and grounds of your objection within 30 days after the return date. IMPORTANT NOTICE The outcome of this proceed- ing may limit or completely take away the above-named person's right to make deci- sions about personal affairs or financial affairs or both. The above-named person has the right to ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Anne M Geoffrion, First Justice of this Court. Date: October 10, 2013 Suzanne'T Seguin Register of Prohate 10/24113 Commonwealth of Massachusetts The Trial Court Probate and Family Court 50 State Street Springfield, MA 01103 Docket No. HDI0P2541PM In the matter of: Marilyn Coates Of: Agawam, MA Protected Person! DisabledPerson! Respondent CITATION GIVING NOTICE OF CONSERVATOR'S ACCOUNT To the named Respondent and all other interested per- sons, you are hereby noti- tied pursuant to Rule 72 of the Supplemental Rules of the Probate & Family Coun, that the Second accoum(s) of Dennis Coates of Chicopee, MA as Conservator of the property of said Respondent has or have been presented to the Court for allowance. You have the right to object to the account(s). If you wish to do so, you or your attorney must file a written appearance at this court on or before 10:00 a.m. on the return date of 11108/2013. This day is NOT a hearing date, but a deadline date by which you have to file the written appearance if you object to the account(s). If you fail to file the writ- ten appearance by the return date, action may be taken in this matter without further notice to you, including the Please check the accuracy of your legal notice prior to submis- sion (Le., date, time, spelling). Also, be sure the requested publication date coincides with the purpose of the notice, or as the law demands. Thank you. TOP PRODUCERS Turley Publications courtesy photos Ted Cassell, president of Park Square Realty and manager of the Park Square Feeding Hills office, announced that the Agawam! Feeding Hills top producing agents for the third quarter of 2013 are, from left, Jan Szemela, Tim Coughlen and Kim Landry. allowance of the account(s). Additionally, within thirty days after said return day (or within such other time as the Court upon motion may order), you must file a written affidavit of objec- tions stating the specific facts and grounds upon which eaeh objection is based and a copy shall be served upon the Conservator pursuant to Mass. R Civ. P. 5 You have the right to send to the Conservator, by regis- tered or certified mail, a writ- ten request to receive a copy of the account(s) at no cost to you. IMPORTANT NOTICE The outcome of this proceed- ing may limit or completely take away the above-named person's right to make deci- sions about personal affairs or financial affairs or both. The above-named person has the right t{l ask for a lawyer. Anyone may make this request on behalf of the above-named person. If the above-named person cannot afford a lawyer, one may be appointed at State expense. WITNESS, Hon. Anne M Geoffrion, First Justice of this Court Date: October 11, 2013 Suzanne T Seguin Register of Probate 10124113 Commonwealth of Massachusetts The Trial Court Hampden Probate and Family Court 50 State Street Springfield, MA 01103 (413)748-7758 Docket No. HD13P1954EA Estate of: Candice Colleen Ruccio Date of Death: 05/03/2013 CITATION ON PETITION FOR FORMAL ADJUDICATION To all interested persons: A Petition has been filed by: Kathleen Fasano of East Hartford CT requesting that the Court enter a fonnal Decree and Order of testacy and for such other relief as requested in the Petition. And also requesting that: Kathleen Fasano of East Hartford CT be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond. You have the right to obtain a copy of the Petition from the Petitioner or at the Court. You have a right to object to this proceeding. To do so, you or your attorney must file a written appear- ance and objection at this Court before: 10:00 a.m. on 11104/2013 This is NOT a hear- ing date, but a deadline by which you must file a writ- ten appearance and objec- tion if you object to this pro- ceeding, If you fail to file a tirriely written appearance and objection followed by an Affidavit of Objections within thirty (30) days of the return date, action may be taken without further notice to you. The estate is being administered under formal procedure by the Personal Representative under the Massachusetts Unifonn Pro- bate Code without supervi- sion by the Court. Inventory and accounts are not required to be filed with the Court, but recipients are entitled to notice regarding the admin- istration from the Personal Representative and can peti- tion the Court in any matter relating to the estate, includ- ing distribution of assets and expenses of administration. WITNESS, Hon. Anne M Geoffrion, First Justice of this Court. Date: October 07,2013 Suzanne T. Seguin Register of Probate 10/24/13 PLANNING BOARD TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MA 01001 \) U nJ\N~ GOR..\:fAN DANIEL W GORMAN CYNTHIA M 30 ROYALLN AGAWA.l\.f,MA 01001 NI XIE '.~~~!.~:~~~ ".-, ... ;;.'-.- 861 DE :Unl9 R!!TURN TO SENDER VACANT UNABLE TO FORWARU e810125 /13 g -c: -~ :t-!H! l.l.-S 379 9 ~ e 2-4A --fl-~-'a-6-? -2 3: -A 3 01 0 01 @1 8 " 7 ~:iiOOi$ic30 COi i II I",,·, c1 III I II11II , II ' \I",!! III!, II HI!IH!1<ll<l,·\"", HI . \ I \ ! Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-7S&-0400Fax, 413-786-9927 October 23,2013 Dear Abutter: John Conte and Louis Conte have submitted to the Town a zonechiu1ger~~eiitfor parc~l H13- 8-18 Sheri Lane. The parcel iscurrel).t1y zoned Business A and Agricultural and the request is to . re-zone the parcel entirelyBusinessA. . . The Assessors Office lists you as an abutter andthereforCi muS.tbenotifi~d of the upcoming public hearing. The Planning Board. will be holding a public hearing on this. request on Thursday, November 7, 2(Jlht7:00PM. The meeting will be held atthe Agawam Public . Library, 750 Cooper Street, Agawam.. . . . You are encouraged to attend and comment. Sincerely, ~ ... /J~.~. ~T .. ~b.W. Travis P .. Ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk ... PLANNING BOARD TOWN OF AGAWAM 36 MAIN STREET AGAWAM, MAOIOOI CONTE JOHNR CONTE LOUIS E C/O JOSEPH J CONTE AGAWAM,MA OlOOl 0I001 @~ 8 3 7 01 CIO i $S99'3 NI XI E e6~ DE H~89 00:l.8/2S /3.3 RETURN TO' SEfjOE~ INSUFFICIENT AODR~SS UNABlE TO FORWARD at~ ll'lee1.1a~79g * E!2.A4-:0-4S'-4S -23 -43 !! \" \" ,\! II" \!! I \ \ H \!! \ I'!""'" \!, \! \ \ II! \ !"!,, IH \,! II \ \ I I Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400FaJ; 413-786-9927 October 23, 2013 ' Dear Abutter: John Conte and Louis Conte have submitted to the Town a zone~hangereqUestfor parcel H13- 8-18 Sheri LaJ,le. The Parcel is currently zoned Business A and AgricultUral and the request is to , re-zone the parcel entirely Business A. ' . -. . . The Assessors Officelists you as an abutterandtherefQremu~tbl;·ttotifiedQf the upcoming public hearing. The Planning Board, will be holding a public heating on thiS request on Thursday, November7,fQ13at7:00PM. The meeting will be held atthe Agawam Public Library, 750 Cooper Street,Agawatp..' , You are encouraged to attend and comment. Sincerely, ~' .-ptZP.~ ~.. 'b.1:) Travis p.,ward, Chairman AGAWAM PLANNING BOARD TPWIDSD:prk ,-. ! , .... ". ~···"·", .• -"" •. ,, .. vt . "',' '," '-:'-/V~i't I ,. ! '·,',i QI. -JI) "Sf,c ',.,1 ; '" 0 D ~ . . . ,-' ' .. ' ,.~··R:~ ",,,,,,,..,Jll ' ~. " :' !:·:-: ... ···Ql.,.;(.'~.:·!!i.,· " Ii ...... ~ I~ •• ~", • ·-.;...L • .,.·." ..... ;'l;...:;.i •. ~ ! r~~I~ ';;:.: .~ .. ~/~~' .... .",'" .'", ~~,.~. "~'~,,~--,,-""", '.-., "', -,'. \ .. ~ ,~ ~ '; ~ a---5&'-- ~/~ ~-7e:.vA/;::P:::­ ....... A~A1'A~~7;;CS JJ'}/]. 8"6 " , ~ ~ ... .. P.,Af.eccz £J ~ /~ '\ /4.5/C!!: .-- ~ I ~ ~. ~ ~ ~ \ ~ ~ ~ ~ IJ~ ~~. ~ ~t ~ "- /a~.7c' I ~ " \ e'G1~ i If~-'--c::/~' I ; CERTIFY THAT I HAVE CONFORMED ","fIF'! THE1WlES & REGlU.ATfONS Of TH E REGISTRAR OF DEEOS "';n1~ ! ~ ! ! III "', -. .. ,;9~s ,..4 -e: ~,n = C.A'~t::7~ ~H...u''''~?-';s ca.u7e. ~R,' ~# ..:r. C'o.-(./.n::=- ..5'p.E/~r7a.P-.57;eee7 ~...4A:/...-¢~ .....-4'A <5. DATE: S:..:C~A:..:LE~: ....:-~~---i ~~~/?~ ~CH~E~CK~E~D:~~~~~ D. L. EAN, INC. 83 MAIN STREET WE1STFIELD, MASSACHUSETTS PLAN NO. SHEET NO. /,A&-/ SURVEY9f.lS Be R8OtM~~ sEP AGAWAM PLANN'NG BOARD