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8749_ZONE CHANGE - 105 ROWLEY STREET.pdf~7yq - ZOilt C~~_ I (J S-RoWli~ . l5+[ll+- • Town lof Agawam 36 Main Street Agawam, Massachusetts 01001-1837 " Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD September 19,2014 Christopher C. Johnson, President Dennis J. Perry, Vice President " George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor James P. Cichetti, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Anthony Suffriti, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: N N At its duly calledmeeting held on September 18,2014, the Agawam Planning Board voted 3-0 to send a negative recommendation to the Town Council with regard to ZC-20 14-2, Zone Change application by D' Amato at lOS Rowley Street. It is our judgment that a zone change to accommodate the proponent's"request is not in the best interest of the town. The requested change would be solely for the benefit of the proponent. The Board has determined that thi's change creates the potential for high density development which • • 2 would lead to issues with traffic and safety on an already dangerous, well-traveled street. Additionally, the concentration of many multi-family dwellings in one location is inconsistent and inappropriate for this area. Attached is the report prepared by the Planning Director as well as a memo from the Conservation Commission. If you have any questions, please contact this office at 786-0400, extension 8738. Sincere/J' I~ Mark R. Paleologopoulos, Chairman AGA W AM PLANNING BOARD cc: Clerk, Solicitor, File • • Town of Agawam Interoffice Memorandum To: CC: From: Date: Subject: Planning Board Conservation Commission 8/25/14 Zone Change -Rowley Street -D'Amato The Agawam Conservation Commission has reviewed the proposed zone change by D'Amato on Rowley Street. The Commission is not in favor of this proposal due to the increase in density that would be allowed. HAK:prk FROM THE DESK OF ••• YOUR NAME TITLE TOVVN OF AGAWAM 36MAINST AGAWAM. MA 01001 Email address Here 413-786-0400 X Extension " 7 • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAMPLANNWGBOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNWG AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change - D' Amato -Rowley Street . DATE: July 31, 2014 On July 16,2014, the Town received a request for a zone change for 10.88 acres ofland located on the north side of Rowley Street. The property is owned by the Rowley Street Development Trust. The full parcel is 15 acres. A portion of the property extending to 200 feet back from Rowley Street is currently zoned Residence B. The 'request is to change the remainder of the property from Agriculture to Residence B. A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information are attached. Land Use and ZOiling As stated above, the property for which the zone change is being requested is zoned Agricultura1. A copy of the zoning map for this area has been attached. Under the existing Agricultural District the following uses are allowed (please see § 180-37 attached.) A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and nittura1 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, iflocated 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] Under the proposed Residence B District the following uses are allowed (please see § 180-44 attached.) A. Any use permitted in Residence A-lor A-2 District. B. A two-family dwelling for two housekeeping units. C. 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 ISO feet of frontage on a street. D. Lodging houses. E. Clubs, lodges and social center buildings. F. Hospital, sanitariums and charitable institutions. G. Private garages. H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. The property is presently abutted on the north and east by Industrial A, to the west by Residence B and south by Agriculture. As was stated earlier, the lot in question consists of a split zone with the westerly portion zoned Residence B and the easterly portion Agricultural. A relatively new subdivision, Lango estates is located immediately to the south. Across Rowley Street from the site are three new duplexes. A WMECO utility easement with new monopoles is located on the north side of the property. All abutting uses are residential in nature. • • Environmental Considerations Though there do not appear to be any wetland resources on the majority of site, a tributary to the Westfield Brook does appear to cross the northern property line. The remainder of the Westfield Brook appears well over 200 feet from the property. A filing with the Conservation Commission may be necessary if the tributary is to be used for drainage or otherwise impacted. 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 fme sandy loam and have slight limitations for building site development. (Please see the attached soils map.) The contour map indicates that the site is flat. Buildout Analysis Under the current zoning, the front portion of the site can support approximately ten (10) duplexes or approximately five (5) four-family structures. The remaining Agriculturally zoned land can support approximately twenty (20) single family dwellings. Fully developed under the current zoning, the site would generate approximately 400 vehicle trips per day. Assuming 1.5 children per household, the number of school aged children would be sixty (60). If the entire parcel were to be zoned Residence B and were to be developed solely with two-family dwellings, there would be approximately one hundred (100) dwelling units. This would result in approximately 1,000 vehicle trips per day and approximately 150 school aged children. Both estimates do not take into account road construction and frontage requirements. They are meant to be solely illustrative. • • PARCEL MAP AG(;W~'M ." -., '" .-' .~::'.~~ ~,~. ,""";~';':"' ~': . ~-"\' ;':1.' ,:, : «-,,:,,;' ,: ' / ' ~.,. . ./ # ;.1.0. ... ~ ',."., /",'. ..• ,:' ," .1.. '~ ; . ~~. : . ' .... .\. ). ~~. i.i,·,:~,:':"~"','~,:;i:.-,/' "",,':' ::.' , ,,~;;, .~: ,~.\~ ... , ",'" ,; • ,., ," ,.,. ".;.;. : ;;..'/ .... , ...... ' .. ':', .- .' , , , ." ., I ~ }~ ... . ~'~ ..... \~" .:r. ~ ill . " ... -: .•.. ~ - • .; . " J .; ., .. , '/ /~ , , ' , " .... ·-oi ... -'.' '1,<.1 .-'-1 . " " ..-, ,_ .• ...J' ,., \' J , ,. ',' r .The information depicted on this map is for planning purposes only, It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses, • J, . , ;,f . ;; " , ' . ./ 'C -: /- '1 '~. ; .-I.' " "/ , .~ .,} '0 ".' I ., • . r I ..r -~ . .• ,. J ': '_'.1 ' -T ':J " , , , " , , ., . O'Amato • Rowley Street· Zone Change 8/1/20143:03:57 PM II " ' .. 1:5928 1"=494' " / __ J ;.~' , ", .r , ,'- 75 J "J J " • • ZONING MAP • 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. • Agrlwl\u.1l O'Amato • Rowley Street· Zoning Map 7/31/20143:52:49 PM 1 :7680 1"=640' ,. • • AERIAL PHOTO • The information depicted on this map is for planning purposes only. It is not adequate fo r legal boundary definition, regu latory interpretation, or parcel-level analyses. • D'Amato -Rowley Street 7/3 1/20143:56 :23 PM 1 :1920 1 "=160' • • SOIL MAP • 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. -- " • ., '. ,." " ~ , " '. O'Amato -Rowley Street - Soils Map 7/31/20143:59:10 PM ® 1 :3840 1"=320' / , ~/ .~ • • CONTOUR MAP ,;. :-~:~}. ~ : ",,# )" , , " • " ~ .. .\ " ' , . .,., L -· ...... .... -.. ". // .... ~-. , " " , . , J '. • > . ~-:i ..... ~ .. '~'" '>" . ... :'"'-- .-"- , " , ' " ···.:·'1 -". 1 • cJ .J.I .' , ' , I . .. ,! -. ,~ "~'\" ; " • "-'~ I '-... , _., .. ~." I. .. , . '-..:,;. " ),,:,. '. " . " " 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, \ ." ' .. .' .' . " ." Ii- _. . ' .. . ,., .. , ,';'.i"··-· • \ ;.:: " \' . ' ......... I " .. ~ .,. . --, .... .\ . .. /,'" / '. " '"'' / / O'Amato -Rowley Street - Contour Map 8/1/2014 11 :37:56 AM ..... , " '"'' ® 1:2964 1"=247' , f . n..) •... ~ ... -/11 0" J'"'' ' ! . _ 'i. ~.--. : .... \ • , ,;,~ .' '\ --, , " 13]" -15-7 --.' -~ __ -!.f7 -- '~.-!": • • Agawam Zoning Ordinance Section 180-37 and 180-31 • • Town of Agawam, MA Page 1 of 1 Town of Agawam, MA Thursday, July 3',2014 Chapter 180. ZONING Article VII. Agricultural Districts § 180-37. Permitted uses. 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-1 or A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-200H] • ... Town of Agawam, MA Chapter 180. ZONING Article VI. Residence B Districts § 180-31. Permitted uses. • Page 1 of2 Town of Agawam, MA Thursday, July 3',20'4 In any Residence B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any other purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two families, provided that there shall not be more than one family in each half of such dwelling. c. Notwithstanding any other provision in the above paragraph, 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. D. Lodging houses, provided that there is no display, sign or other advertising device visible from the street, whether illuminated or otherwise, other than a sign having an area of not more than 144 square inches. A public restaurant or dining room shall be permitted as an accessory use in any part of such building, provided that the dining room and kitchen facilities do not occupy more than 75% of the first-floor area of such building. E. Clubs, lodges and social center buildings, except those whose chief activity is a gainful service or activity usually conducted as a business, including in such excepted uses dancing or bowling and like actiVities, provided that there is no display or advertising visible from the street other than that permitted in Subsection D of this section. F. Hospitals, sanitariums or charitable institutions, except those for contagious diseases, for the care of epileptics or drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. • • Town of Agawam, MA Page 2 of2 G. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle shall be kept for each 2,500 square feet of lot area, except that three vehicles may be kept, in any case, not more than one of which may be unregistered. Only one such vehicle may be a commercial vehicle of not more than 11/2 tons' weight of capacity. Space shall not be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open . H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be rented or leased for trailers. • • Tax Card Information Unofficial Property RecorAd • Unofficial Property Record Card -Agawam, MA General Property Data ParcellD 114514 Prior PareellD 6290-- Property Owner O'AMATO KATHLEEN ANN CIO ATTORNEY MICHAEL D PARKER Mailing Address ONE MONARCH PL STE 2220 City SPRINGFIELO Mailing Slate MA Zip 01144 PlrcelZonlng RB Account Number Property Location 105 ROWLEY ST Property Use ONE FAM Most Recent Sale Cate 6/12/1968 Legal Reference 3343-30 Grantor Sale Price 0 Land Area 15.000 acres Current Property Assessment Xtra Features Page 1 of 1 Card 1 Value Building Value 91,100 Value 13,000 Land Value 159,400 Tolal Value 263,500 Building Slyle OLD STYLE # of Living Units 1 Y.ar Built 1925 Building Grado AVERAGE Building Condition Good Finished Area (SF) 1735.23999 Number Rooms 7 '# of 3/" Baths 0 Building Description Foundation Type CONe BLOCK Frome Type TYPICAL Roof Structure GABLE Roof Cover ASPHALT Siding ASBESTOS Interior Walls PLASTER ., of Bedrooms 3 # of 112 Baths 1 Legal Description Narrative Description of Property Flooring Type SOFlWOOD Basement Floor CONCRETE Heating Type FORCED HIW Heating Fuel OIL Air Conditioning 0% .. of Bamt Garages 0 ., of Full Baths 1 .. of Other Fixtures 0 this property contains 15.000 acres of land mainly classified as ONE FAM with I(n) OLD STYLE style building, built about 1926 • having ASBESTOS ex1Drior and ASPHALT roof covor, with 1 unit(.), 7 room(s), 3 bedroom(s), 1 bath(.), 1 half bath(.), Disdaimer: This information is believed to be corred but is subject to change and is not warranteed. ~I Town of Agawam Interoffice Memorandum To: CC: From: Date: Subject: Planning Board Conservation Commission 8/25/14 Zone Change -Rowley Street -D'Amato The Agawam Conservation Commission has reviewed the proposed zone change by D'Amato on Rowley Street. The Commission is not in favor of this proposal due to the increase in density that would be allowed. HAK:prk FROM THE DESK OF ••• YOUR NAME TITLE TOWN OF AGAWAM 36MAINST AGAWAM. MA 01001 Email address Here 413-766.0400 X Extension Fax: 413-786-9927 • r Pamela Kerr From: Sent: Michael Parker <mparker@mdparkerlaw.com> Wednesday, August 20, 2014 3:27 PM To: Pamela Kerr Subject: James D'Amato, Conservatorship, Zone Change Petition Hello Pam: Thank you for the information on the potential quorum problem with respect to the Planning Board hearing tomorrow night. I will attend the meeting, but with the understanding that it may be continued due to a lack of quorum. I would be most appreciative if the Board would consider my request to reschedule the hearing to September 18th as I will be on vacation during the first week of September. If the continuance to the 18th requires a waiver by the petitioner of any time standard (for example, a rule that the Board must conduct the hearing within a certain time), the petitioner does hereby waive the right. Thank you for your attention to this matter. Mike Michael D.Parker, Esq. One Monarch Place, Suite 2220 Springfield, Massachusetts 01144 (413) 736-4101 Telephone (413) 736-4582 Facsimile mparker@mdparkerlaw.com 1 JEFFREY R. LINDEQUIST Town of Agawam 36 Main Street Agawam, MA 0100 I • MICHAEL D. PARKER ATTORNEY AND COUNSELOR ONE MONARCH PLACE, SUITE 2220 SPRINGFIELD. MASSACHUSETTS 01144 August 19,2014 TELEPHONE (413) 736-4101 TELECOPfER (413) 736-4582 Attention: Deborah S. Dachos Director of Planning & Community Development Dear Ms. Dachos: RE: 105 ROWLEY STREET Petition for a Change of Zone Enclosed please find the concept plan with respect to the D' Amato parcel on Rowley Street. During our last meeting on August 12th, you suggested that this type of proposal would be helpful to those interested in the petition for zone change. Please do not hesitate to call if there are further questions or concerns. MDP/jac Enclosures Sincerely, Michael D. Parker RECEIVED AUG 20 2014 AGAWAM PLANNING BOARD • MICHAEL D. PARKER ATTORNEY AND COUNSELOR ONE MONARCH PLACE, SUITE 2220 SPRINGFIELD, MASSACHUSETTS 01144 JEFFREY R. LINDEQUIST Town of Agawam 36 Main Street Agawam, MA 0 I 00 I Attention: Deborah S. Dachos August 12,2014 Director of Planning & Community Development • TELEPHONE (413) 736-4101 TELECOPIER (413) 736-4582 RE: ROWLEY STREET DEVELOPMENT TRUST Rowley Street. Agawam. MA Dear Ms. Dachos: It was a pleasure to meet with you today. The D'Amato family is most appreciative of the advice you provided with respect to their plans on Rowley Street. In response to your question concerning the easement granted Western Massachusetts Electric Company ("WMECO"), I enclose a copy of the recorded instrument with respect to the new, southernmost "power line." May I direct your attention to page 2 of 8, the fifth line down from the top of the page, where WMECO has been granted the right to "remove any buildings, structures or other improvements now or hereafter within or projecting into the Easement Area." The older (1917) easement of 100' in width is to the north of recent "Greater Springfield Reliability Project" easement described above. The power lines on the 1917 easement are about 30' wide. The proscription against any building being erected within 15' of the lines leaves only a small sliver of land between the two easements, not enough for any development. (See the plan attached to the 2011 easement). As no road "or other improvement" may be built under the new easement, that conveyance serves to cut off any access to or use of the D' Amato parcel to the north of the easement itself From a practical point of view, the land to the north of the easement not covered by easement is so small and oddly shaped that it would be completely impractical to even consider its development. In followmg up on your suggestion, we are preparing a concept ~JiI'I&H'fti<n-0 of the parcel to the south of the new easement. "£:\'1:::1 V I: AUG 1 4 2014 AGAWAM PlANN'NG BOARD LAw OFFICE OF MICHAEL D. PARKER Deborah S. Dachos August 12, 2014 Page 2 • • Please do not hesitate to call ifthere are further questions or concerns. Sincerely, Michael D. Parker MDP/jac Enclosure aCKnQWLea~ una IoregoLng Lns~rumenu uo De ner Iree acv 6na • Humphrey T. Filer, JUstioe. Peace ucen, before me Reotd November 19t 1917 and Reg'd trom the original We, Peter Barsbessi& and Erminia Barabessle husband and wife, of Sprlng-Peter Barabessie &0 fl~ld Massachusetts, for consideration paid, grant to the Turners Falls Power , & Eleotric Company & oorporation duly organized under the laws of said Com- : monwe&lth, and its assigns !orevert w1th warranty oovenants, the right to to Turners Falls Power & Electrio Compa", erect, maintain 8nd o~erate lines for the transmission ot eleotricity, intel- ligence or energy, s&ld lines to consist ot one lIne ot towers, or other suppor- t~ struotures, including the necessary Wires, guys, shores and fixtures, also the right to enter for the purpose of making surveys. maintaining, re- : pairing and renewing sald supports, wires and fixtures, and of outting and ! desoribed trimming the brush and trees slong the hereinatter~looat1on ot said lines One hundred teet in width1 upon the following described parcel of land s1tu~ ated in Agawam, UAssaehusetts, viz: Situated on the Easterly side o~ Rowley Street; Bounded Westerly b¥ said Street~ Northerly by land ot W. S. and Edwin Leonard; Easterly by land of Louis Taddia; Southerly by land of one Worden. Said lines to extend across said premises in a Westerly direction from the place where said lines shall enter s~ld premises from Rowley Street and the eXaot looation of said lines shall be selected by the grantee after its tinal surveys have been made and when such looa~ion has been fixed by the erection of the lines &s aforesaid, 1t shall be deemed to be the permanent looation of said lines. And we tor ourselves, our heirs an~SSlgna, oovenant and agree wl~h the grantee, its sucoessors anqaSSlgns that no building shall be er~oted or main- tained ~er or within fifteen reet of eithor side ot sa1d lines. Said Comp.., agrees by the aocep~anc6 of this grant to pay all damages to orops which mal be done in the course of the ereotion, repairing or maintenance ot sald lines. _ Erminia Barabessl& Wife of said grantor release to said grantee all rights ot dower homestead and other 1n~erests therein. Witness our h~ds and seals this 26th day of June 1917 Peter Barabessie Erminia: Barabessi-Humphr.~ T. Filer &6081 &Sea1 CommonWealth of Massachusetts Ra~pden ss June 26th 1917 Then personally appeared the above named ,Pet~r Barabessie and aoknowledged the foregoing instrument to be his rree act and deed, before me Humphrey T. Filer, Justioe ot the Peace Rec'd November 19. 1917 and Reg'd from\he original We, Pietro David and Teresa David husband and wife of Agawam, Massaohu- j" setts. for cons1deration pa.id, grant to the Turners Fa.lls Power & Eleotrio 'Company, a corporation duly organized under the laws of said Commonwealth, and its assigns forever. with warranty covenants, the right to erectt maintain and operate lines tor the tra.nsmission 'Of eleotriolty, 1ntelligence or energyt said lines to oonslst of one line of towers. or other supporting struotures, inoluding the necessary Wires, 8UlS, shores and ~ixtures1 also the right to enter for the purpose of making surveys, maintaining, repairing and renewing Pietro David &0 to Turners F&lls Power & EleC't.r10 Company .,:a • Easement to WMECO • Greatu Springfield Reliability Project Parcel No. 3062 Sk 18851 P",141 ~39067 07-22-2011 a 12=50p ELECfRIC TRANSMISSION EASEMENT & RIGHT OF WAY For consideration paid of Thirty-Five Thousand Dollars ($35,000.00), in hand paid, the receipt and sufficiency of which are hereby acknowledged, Carolyn M. Capitanio of Agawam, Massachusetts, as she is the duly appointed and acting Conservator of James J. D'AInato (Hampden Probate.#HDI0P0075PM), by the power conferred by a License to Sell granted by the Hampden Division of the Probate and Family Court, a copy of which is attached hereto as Exhibit B. (the "Grantor''), hereby grants to Western Massachusetts Electric Company, a Massachusetts cOIpOration having an office at Building 111, 4th Floor, One Federal Street, Springfield, Massachusetts, 011 05, and to.its heirs, devisees, successors and assigns forever (the "Grantee"), the following perpetual, pennanent and, except to the extent hereinafter specifically set forth, exclusive rights and easements in, on, over, under, across and upon the parcel of land described in Exhibit A attached hereto and made a part herecf (the "Easement Area") that is located on the easterly side of Rowley Street in the Town of Agawam, Hampden County, Commonwealth of MassachUSetts. I. Jhe rig\It, from time to time, to erect, install, construct, reconstruct, repair, maintain, replace, upgrade, relocate, inspect, patrol, expand, operate and remove upon, over, under, along and across the Easement Area, poles, towers, crossarms, guys, foundations, anchors, braces, ducts, manholeS, fences, gates, and other structures, lines, wires, filament, cables, including fiber optic and communication cables, other conductors, antennas, and any and all other equipment, structures, facilities, fixtures and appurtenances useful for the conducting and the transmission and distribution of electric current, energy, intelligence, wireless signals, light and communications of any character or nature; and monwnents and signs to locate the Easement Area; and 2. The right to conduct, distribute and transmit electricity, energy, intelligence, light, wireless signals andlor communications of any character or nature and to provide the service or services relating to said right(s) by means of the equipment, structures, fixtures, appurtenances, and facilities described in this instrument;-and 3. The right to trim and keep trimmed, cut, clear and remove, by mechanical means or otherwise, trees or limbs and branches therec4 underbrush and other growth, other than crops, any parts of which are (i) within the limits of the Easement Area, (ii) on adjoining land of the Grantor and which may interfere with the exercise of any of the rights andlor easements herein granted, or (iii) which may create a hazard; the right to lCliem FiIts\lIEA\301J 7&\OO13IDOCI02090929.DOC;I}D' Amalo, EasantnI1<> WMECO 7-13-2011 PBge I ofB • Easement to WMECO Bk .851 Pg142 1#39067 Greater Springfield Reliability Project Parcel No. 3062 control the growth of such trees, limbs, branches, underbrush and other growth by the use of chemicals or otherwise, provided the right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees, or for mowing or grassland; the right to dispose of all wood cut; the right to remove any buildings, structures or other improvements now or hereafter within or projecting into the Easement Area; and 4. The right to enter upon, travel and transport materials and equipment over and upon the Easement Area and, if necessary or convenient in connection therewith, the right to grade, excavate, fill or otherwise improve the Easement Area; and 5. The right of reasonable access over and across adjoining land of the Grantor to and from the Easement Area. The easements and other rights granted herein to use and occupy the Easement Area shall include all surface and subsurface rights and air rights thereover. The Grantor hereby reserves the right to use the Easement Area for agricultural purposes, other than the growing of trees and shrubs, and for other purposes which (i) do not interfere with the exercise of any of the rights and/or easements herein granted, and/or (ii) do not create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. Grantor, by its granting of said easements and rights, and Grantee, by its acceptance of same, hereby acknowledge, covenant and agree for themselves and their respective heirs, devises, successors and assigns as follows: (a) the easements and other rights granted herein are intended to be permanent and perpetual rights and easements for the benefit of Grantee, and its heirs, devisees, successors and assigns, and are to be fully apportionable and fully assignable or transferable, all or in part, without the need of any consent of the Grantor or the Grantor's heirs, devisees, successors and/or assigns; (b) no cessation of use or operation of all or any portion of said easements or rights or of the Easement Area by Grantee shall be deemed an abandonment thereof resulting in the termination of any aspect of the easements and/or rights or of the Easement Area, unless the holder of same at the time of such cessation of use or operation releases, in a written instrument in recordable form, its rights in such easements and rights or in the Easement Area; and (c) this instrument may be amended or otherwise modified only by an instrument in writing executed by the Grantee and the then owner of record of the Easement Area and recorded with the Hampden Registry of Deeds; (d) the Easement Area, subject to the rights and easements granted herein, shall remain the property of the Grantor, its heirs, devisees, successors and assigns, and, as such, the Grantor, its heirs, devisees, successors and assigns, raicn. FUcsIREAI3071781OO131DOC102090929DOC;1)D'Amaro. E&1emon. to WMECO 7·13·201. Page 2 of8 • Easement to WMECO Bk .851 Pg143 #39067 Grcakr Springfield Reliability Project Pmel No. 3062 shal1 pay all real estate and other taxes assessed thereon and all assessments payable with respect thereto; and (e) the Grantor shall not convey any new or additional easements to any third parties within or across the Easement Area which may (i) interfere with the exercise of any of the rights and/or easements granted herein without the Grantee's prior review and consent, which will not be unreasonably withheld, andlor (ii) create a hazard, in each case as determined by the Grantee in its sole and absolute discretion. The words "Grantor" and "Grantee" in this instrument are intended, where the . context requires pennits or is · appropriate to include the plural number as well as the singular and their heirs, devisees, executors, administrators, successors and assigns. TO HAVE AND TO HOLD the above granted and bargained rights and easements unto it, the said Grantee, and its heirs, devisees, successors and assigns, forever. The Grantee is also the present owner and holder of those rights and easements granted by Peter and Erminia Barabessi to Turner Falls Power & Electric Company by instrument dated June 26, 1917 and recorded in the Hampden County Registry of Deeds in Book 979, Page 531 and by Peter and Erminia Barabessi to The Montague Company by instrument dated July 3, 1924 and recorded in the Hampden County Registry of Deeds in Book 1221, Page 180 (the "Existing Rights and Easements" and the "Prior Easement Deed", respectively). This Electric Transmission Easement & Right Of Way (this "Deed") and the rights and easements herein granted to the Grantee (the "New Rights and Easements") are in addition to, and not in limitation or derogation of, the Prior Easement Deed andlor the Existing Rights and Easements. Neither this Deed nor the grant of the New Rights and Easements contained herein shall be deemed to limit, impair, extinguish, vitiate, modify, merge with or otherwise adversely affect in any way the Prior Easement Deed andlor the Existing Rights and Easements, which Prior Easement Deed and Existing Rights and Easements are and sball remain and continue to be in fujI force and effect separate and apart from this Deed and the New Rights and Easements. Moreover, neither the Prior Easement Deed nor the prior grant of the Existing Rights and Easements shall be deemed to limit,· impair, extinguish, vitiate, modify, merge with or otherwise adversely affect in any way this Deed andlor the New Rights and Easements. The remainder of this page intentionally left blank {Client Filos\R£A\3071781OO13l/JOC\02090929llOC;l)D'An14to, Easement to WMECO 7-tHOIJ 1'Bgt30f& • Easement \0 WMECO Bk"'851 Pg144 #39067 Greater Springfield Reliability Project Parcel No. 3062 IN WI1NESS WHEREOF I have hereunto set my hand and this 13th day of July, 2011. CONSERVATOR FOR JAMES J. D' AMATO COMMONWEALTH OF MASSACHUSETTS HAMPDEN,SS On this 13th day of July, 2011, before me, the undersigned notary public, personally appeared Carolyn M. Capitanio, the Conservator of the property and estate of James J. D' Amato, proved to me through personal knowledge to be the person whose name is signed on the preceding or attached docurnents, and acknowledged to me that she signed it voluntarily for its stated purpose. Before me, -~..J...!./I,GlI.-,I:::::t;JL---r::l.,- Notary Public {Client Filos\REA1307178\OOI31OOC102090929.DOC;I)D·Amato, Easement to WMECO 7-13-2011 Page4of8 • Easement to WMECO EXHIBIT A Bk ..,51 Pg145 #39067 Great.r Springfield Reliability Projeet Parcel No. 3062 Easement from James J. D' Amato to Western Massachusetts Electric Company (WMECO) The Right of Way herein described is one hundred fifty (150) feet wide and covers any land or interest therein owned by the Grantor within fifty (50) feet measured at right angles to and northerly of, and within one hundred (100) feet measured at right angles to and southerly of the following described Line of Location, whether such Line of Location is, at the point opposite such land, on said land, on the highway or on the land of some other party. Said Line of Location runs N 12°45'31"E across various land owners and land now or formerly of Westem Massachusetts Electric Company to an angle point in said Line of Location; thence N63008'38"E one thousand three hundred fifteen and ninety-nine hundredths (1315.99) feet, across land now or formerly of Western Massachusetts Electric Company, Rowley Street and land of the Grantor to an angle point in said Line of Location; thence NS7"29'0 I "E across said land of the Grantor, land now or formerly of Walco Realty LLC., land now or formerly of Tenneco Inc. and various land owners. Said Line of Location is to be monumented post construction, if needed. The above bearings are referred to the Massachusetts Mainland State Plane Coordinate System, North American Datum of 1983. The Right of Way is more clearly designated and defined by a map entitled: "Right of Way Plan Showing Easement to be Acquired from The Estate of Paul 1. D'Amalo NKJA John Paul D'Amato by Westem Massachusetts Electric Company, Town of Agawam, Hampden County, Massachusetts", Scale 1"=100' Date: 03/03/09. drawing No. 76075-3062-AR-7: a copy of which map has been filed in the Hampden County Registry of Deeds in Book 354, Page 21 and which is attached hereto as Exhibit A-l. All capitalized terms used in this Exhibit A will have the meanings ascribed to them in the Easement to which this Exhibit is attached. . (Client Fil .. IREAI3011781OO131llOCt02090929.!lOC;I)IYAmato, Easement to WMECO 7,13,2011 Page50f8 • Easement to WMECO Bk"'S51 Pg146 139067 Greater Springfield Reliabilit;y Project Parcel No. 3062 For title reference to the easement area, see deed from Lucy Baraberassi to the Grantor dated August 8, 1945 and recorded with the Hampden County Registry of Deeds in Book 1804, Page 157. {Client FiIes\REA\307l18\OO13\lXJC102090929.DOC;1 )D'Amato, Easemenl I. WMECO 7-13-2011 Pagc6of8 • Bk~851 Pg147 #39067 Easement to WMECO ExmBlT A-I Grealer Springfield Reliability Projea Paroel No. 3062 {Oient FilcsIREA13011181OO131DOC\()2090929.DOC;1 }D'Amato, Easement 10 WMECO 1-13-2011 Page8of8 1J .~ ~ • {} EXHIBITB License to Sell Bk ..,51 Pg148 #39067 • Bk .51 Pg149 #39067 II It: 59 F.U Hl 71 605 HaQaen Probat.e. , Pmal)-~o •• t{/)/oPtJd15 M . COMMONWEALTH OF MASSACHUSETTS PaOIoATE CoOI.T Jo.t ~ P~"e Court h=h:! l( SpringfieJd, in at:cl for Slid Connty of !-l~0lt :l!:. ~: • .J:'!!!!!-~.Y::~.!!.!-t._. d.r..y of .•. _!.¥.P..!_ ........ __ .. _. m tile yeu of ow: l..or:i DiJNM .' ~._t.xSLJ!!9.~~e9-... .!J._e.y.~t~~ ON the peti"Jo,. '" .. _.!;.i!f2.m.J~.~«.~~t;.!~!! ............................................. _ ... _ ..... _ ..... _ ............ _ ..... _ .......................... , ..... ,o.=.,.tor of the p«>petty of _ .. ..,J.!!!"...!' .. ~ ... J .. , ... p..~~.!'.!.·L ................ _ ....... _ .. . ........ _ ... __ ..... -.... _._ .. _._-_ ................ _ .. _ ..... _ .. _ ... _ ....• ---_ .. __ ............... _ .. _ ......... _-.................. -... _ ....... _---_ ... -... . ....................... _ ... _ ..... _ .. _ .................. _-_ .... __ ........ _--_ .. _---...... _ .... _.-.. __ . __ .... :-.. _ ........... __ ........ . .. __ ................ n._ ........ ··_·._· __ ··_· .. · ... _········-.................... _ .• _" ............ _._ ... -._._ .. _ .................... -.................. _ ........ _ ... . -........... ~ ....... -.--.... -.-... -... -.. -.----.--.-....... -.......... _ .. -.... -._ .... -........ -.......... -...... _ .. _-" ..... _ .................. _._ ... . .................. -............... --.. · .... · ...... · .... ·· ........ · .... ·aildiorlzecr .. ·· .. ·· .. · .... · ............ ·· .................... -.... _ .......................... -... IT IS DECl\EED that the petitioo<.e be _ .. sdl aoO """'Y. _ •• , J j' cxotiwut- _ iit pcivate saJe jQ "tCCQD:luta with Qid ofu or fOt a. W&CJ sw:n. oc at public udion, if she shi1l thick best .$0 to do, dv: iDb:rcst: 01 ¥Lid ward in. easement over sa1~. tk/ =l cstlte described in .. s&id petition, fot <he putpo= u ..... ia, _ ~jI Kj jj~*x:xJolrljlQ-,..""'IWjUI~ . ......................... ~.~ .... '""I' Df Pro},.,,, CDM". FllLLER. J. t!£h.( '. ':!.G.j f5 :)1.~;J O · ~ 4 S 11.gO, wq·. U "5".,/) .. p. ... :.{ .. {oW( ,.,-<"v-l :t .:.' ()OJ .. o;;~ . ,-'--. . :" • • • Bk 4If51 Pg150 #39067 PROPERTY DESCRIPTION the land. in Agawam, Hampden County, Massachusetts, more particularly bounded and described as follows: beginning on the Easterly side of a highway, leading Northwesterly from Suffield Street to Springfield Street, in said Agawam, at an oak tree at a ditch and running North at abouI 25 degrees East on land of Leonard Brothers Fifty-nine (59) rods to an old ditch; thence by Jand of one Worden in a line of Said old ditcn South about Seventy-four and one-half (74 ~) degrees East Forty-eight (48) rods twenty-one (21) links to other land of Yuzef Mozelewski. now or formerly; thence Southerly in a direct line to one Goodhue at a point Seventy-one (71) rods East of said highway; thence running Westerly on land of Goodhue and Ely to a yellow pine marked on the Easterly side of said highway; thence running Northwesterly by said Easterly line of said highway Four (4) rods and Seven (7) links to the place of beginning, containing Eighteen (18) acres ofland more or tess. DONALD E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS nASSACKUSETlS SlhlE EXCISE TAX HAMPDEN COUNTY REGISTRY Of DEEDS Date' 07-22-2011 i 12'50PM Ctlt' 553 Doc;' 39067 Fee: $159.60 Coos' $35.000.00 •... .-.' l. #39061 " • , " • . • , • ., " • • • • • , . • , , , .. , , , , . • .. . " .. ' . , • .' : , ' . .• . , • " " • • .... • , • • • ,TH!~P~9E • • • .. . • , . , !1M • • : • '. • · • • , ' .. .. :BEEN , • • • ·ll'1;tl!iNTIO~.Aj.T=X • • • • .. ... • • , . .' • , Til!~F.1· • • , , • .\ , B~ '" , • • , , , .' '" • • • • . , • • • ." , , · '" , · • .)\ .•. . , ~ . , • • , • . ' , . .' " • • , r. , , • , .' . . • • .. , . • . ~ ... , .. • . , , , ' . • , , . " · .! • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 MEMO TO; AGAWAM PLANNING BOARD FROM; DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change - D' Amato -Rowley Street DATE: July31,2014 On July 16, 2014, the Town received a request for a zone change for 10.88 acres ofland located on the north side of Rowley Street. The property is owned by the Rowley Street Development Trust. The full parcel is 15 acres. A portion of the property extending to 200 feet back from Rowley Street is currently zoned Residence B. The request is to change the remainder of the property from Agriculture to Residence B. A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card infonnation are attached. Land Use and Zoning 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 are allowed (Please see §180-37 attached.) A. Any use permitted in a Residence A-lor A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a m~or 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 offorests 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, iflocated 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] Under the proposed Residence B District the following uses are allowed (Please see § 180-44 attached.) A. Any use permitted in Residence A-lor A-2 District. B. A two-family dwelling for two housekeeping units. C. 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. D. Lodging houses. E. Clubs, lodges and social center buildings. F. Hospital, sanitariums and charitable institutions. G. Private garages. H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so located. The property is presently abutted on the north and east by Industrial A, to the west by Residence B and south by Agriculture. As was stated earlier, the lot in question consists of a split zone with the westerly portion zoned Residence B and the easterly portion Agricultural. A relatively new subdivision, Lango estates is located immediately to the south. Across Rowley Street from the site are three new duplexes. A WMECO utility easement with new monopoles is located on the north side of the property. All abutting uses are residential in nature. • • Environmental Considerations Though there do not appear to be any wetland resources on the majority of site, a tributary to the Westfield Brook does appear to cross the northern property line. The remainder of the Westfield Brook appears well over 200 feet from the property. A filing with the Conservation Commission may be necessary if the tributary is to be used for drainage or otherwise impacted. 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 limitations for building site development. (Please see the attached soils map.) The contour map indicates that the site is flat. Buildout Analysis Under the current zoning, the front portion of the site can support approximately ten (10) duplexes or approximately five (5) four-family structures. The remaining Agriculturally zoned land can support approximately twenty (20) single family dwellings. Fully developed under the current zoning, the site would generate approximately 400 vehicle trips per day. Assuming 1.5 children per household, the number of school aged children would be sixty (60). If the entire parcel were to be zoned Residence 8 and were to be developed solely with two-family dwellings, there would be approximately one hundred (100) dwelling units. This would result in approximately 1,000 vehicle trips per day and approximately 150 school aged children. 80th estimates do not take into account road construction and frontage requirements. They are meant to be solely illustrative. • • PARCEL MAP AGAWAM, , -~ .. _. " .. -. ,~.; .. J. J ..... , .. .. • , '. , ;, " ~ ,~, , • j . • I " - /' , ,-, . ~ ~. } " 6" ~ -, '"' ~ .,. , - 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. . , " -. , -, .. J :" ... , J j .. • ') ~J ' • .. .. I~ l • , • .. L · .. .... • :->1 .: • .. I o . , ... O'Amato .. Rowley Street .. Zone Change 8/1/20143:03:57 PM .. .. , i -'., • . ' .. " . eN 1 :5928 1"=494' • ..... .. • J -, • • ZONING MAP AgrtCIJt ...... 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. • B~ne$$A O'Amato -Rowley Street - Zoning Map 7/31/20143:52:49 PM 1 :7680 1"=640' • • AERIAL PHOTO 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. O'Amato -Rowley Street 7/31/20143:56:23 PM ® 1 :1920 1"=160' • • SOIL MAP • • . ' - '. '~ , Sc.vb(f"O Mucf{y Floe Sand'! LO;)lI'l 0 T03 PercoIIfltSlopes 'J I I " , ~ , -" , .-• ~ , ... ~ ," " " ,. ~mHI'j Frne S:1ndy o~m. 0 03 PefC«l1 Siqln" '. \V!ndaOf L.o. .. nyFi .... S.:IId. 0 T03 PercentSlopn WIWeMm t.:OMny SoVId 0 To 3 Percent Slopes • Merrimac Fine Sana,. Lo.:m. 0 PTo 3PIJ'cent 5lope~ 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. O'Amato -Rowley Street - Soils Map 7/31/2014 3:59:10 PM eN 1:3840 1"=320' • • CONTOUR MAP . ' .. .. , . . -' . , -, \ ,. • '" -, " "- "-, ... ,,\ ..... ,-(\ i I • 'J 1 . . ". 'n . .. , ... . ..J ' ; U '.../.J .' I .. ' .... " ; ; '" -, I '. .- .~./ ... '. '. .. i "' 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, " " .' .. ,,," " l " .' . ' n " • .. '\ .' . .-'. .... ,# \ I .; , , ,T l -i.J..J\ I " / " , "../ J ., I J .. • • , , .. .' " n .. < \ ... '" .. / '. O'Amato -Rowley Street - Contour Map 8/1/2014 11 :37:56 AM • , .~. .. .. : .. " eN 1:2964 1"=247' , " • ~:: j ., ! ..." , • .' .. \ ,,1 • .. - , ; , • \ u '" '<1 • • Agawam Zoning Ordinance Section 180-37 and 180-31 Town of Agawam, MA • • Page 1 of 1 Town of Agawam, MA Thursday, July 31,2014 Chapter 180. ZONING Article VII. Agricultural Districts § 180-37. Permitted uses. 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-1 or A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-200H] http://www.ecode360.comJprintlAGI041 ?guid=6567942&children=true 7/3112014 Town of Agawam, MA • • Page 1 of2 Town of Agawam, MA Thursday, July 31,2014 Chapter 180. ZONING Article VI. Residence B Districts § 180-31. Permitted uses. In any Residence B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any other purpose except one or more of the following: A. Any use permitted in a Residence A-1 or A-2 District. B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two families, provided that there shall not be more than one family in each half of such dwelling. c. Notwithstanding any other provision in the above paragraph, 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. D. Lodging houses, provided that there is no display, sign or other advertising device visible from the street, whether illuminated or otherwise, other than a sign having an area of not more than 144 square inches. A public restaurant or dining room shall be permitted as an accessory use in any part of such building, provided that the dining room and kitchen facilities do not occupy more than 75% of the first-floor area of such building. E. Clubs, lodges and social center buildings, except those whose chief activity is a gainful service or activity usually conducted as a business, including in such excepted uses dancing or bowling and like activities, provided that there is no display or advertising visible from the street other than that permitted in Subsection D of this section. F. Hospitals, sanitariums or charitable institutions, except those for contagious diseases, for the care of epileptics or drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. http://www.ecode360.com/printiAG1041 ?guid=6567918&chi1dren=true 7/3112014 Town of Agawam, MA • • Page 2 of2 G. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle shall be kept for each 2,500 square feet of lot area, except that three vehicles may be kept, in any case, not more than one of which may be unregistered. Only one such vehicle may be a commercial vehicle of not more than 11/2 tons' weight of capacity. Space shall not be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. H. Not more than one house trailer for each resident family may be kept on the premises. The trailer shall not be used for living quarters while so 10cated .. Space shall not be rented or leased for trailers. http://www.ecode360.comlprintlAGI041 ?guid=656791 8&children=true 7/3112014 • • Proposed Zone Change Submission by Applicant JEFFREY R. LIND€QUIST Town of Agawam Town Council 36 Main Street Agawam, MA 01001 • MICHAEL D. PARKER ATTORNEY AND COUNSELOR ONE MONARCH PLACE, SUITE: 2220 SPRINGFIELD, MASSACHUSETTS 01144 July 14,2014 • RE: 105 ROWLEY STREET Petition for a Change of Zone Honorable Members of the Town Council: TELEPHONE (419) 736-4101 TEL.ECO~IER (4t3) 736-4582 Now comes James J. D'Amato, by his Guardian, Carole A. D'Amato, and petitions the Town Council in and for the Town of Agawam to change the zone of the property locally known as 105 Rowley Street to Residence B. The property is currently zoned Residence B to a depth of 200' from the easterly sideline of Rowley Street and is zoned Agricultural over the remainder oftbe parcel. General Description of tbe Property The property consists of about 15 acres of land and lies to the east of Rowley Street and behind Sarat Ford. About one-third (1 /3) of the property or five (5) acres is subject to a high-tension powerline easement in favor of Western Massachusetts Electric Company ("WMECO") and, as a consequence, the easement portion cannot be used for a~:t 0tm:r purpose. The portion of the property to the south of the powerline easement is @'rreMlY developed with a circa 1925 single:family residential structure. t:; ~ i:~ A full legal description of the property is attached as Exhibit "iI.." Current Use and Ownership "':"~.. r~' -.-01 1> i"T1 :r:: :v '> -< The existing residence is occupied by James J. D'Amato, age 64. Mr. D' Apato~ a mentally challenged individual who has lived on the property his entire life. A hMt interest in the property was inherited by Mr. D'Amato following the death~~ father, Paul D' Amato, in 1986. He inherited the remainder when. eCt!4 YtmW died in December of2009. n JUL 1 8 2014 AGAWAM PLANNING BOARD LAW OFFICE OF MICHAEL D. PARKER Agawam Town Council July 14,2014 Page 2 • • In order to provide for Mr. D' Amato's care, as he advances in age, his Guardian has proposed to develop the southerly 10 acres of the parcel as residential house lots and, thereafter, to use the sale proceeds to build a new home for Mr. D' Amato on one of the lots. The existing old farmhouse which is not handicap accessible would be demolished. It would be helpful for Mr. D' Amato, given his condition, to be able to continue to reside in an area with which he is familiar. To remain in the area, however, he must convert the real estate into funds needed for maintenance and support. Reason for the Requested Zone Change The property is partially zoned Residence B. It is unlikely that the usable remainder of the parcel will ever be used for agricultural purposes. The proximity of the land to the WMECO powerlines creates a "utility" visual that reduces the desirability of the property for single-family residential development. However, the factors which reduce the value of the land for single-family homes, make it appropriate for development with two (2) family "starter" homes. Adjacent Properties Mr. D' Amato also inherited a 2.34 acre parcel to the north of the subject parcel and an 11 acre parcel to the east and south of the subject parcel. Mr. D' Amato (subject to court approval) is willing to transfer the two (2) parcels to the Town of Agawam or its Conservation Commission for no or minimal consideration to be held as so-called "Article 97 land" for limited use as conservation or recreation. hi :11 ':;j CJl li)j ~I UZ S3:J1!l1J3S NO!LJ3 dSNI lChaei D. Parker, Esq. Attorney for Carole A. D'Amato, Guardian and James J. D' Amato One Monarch Place, Suite 2220 Springfield, MA 01144 Telephone (413) 736-4101 Facsimile (413) 736-4582 Board of Bar Overseers No. 389980 Mparker@mdparkerlaw.com • • EXHIBIT "A" the land in Agawam, Hampden County, Massachusetts, more particularly bounded and described as follows: PARCELl Beginning on the Easterly side of a highway, leading Northwesterly from Suffield Street to Springfield Street, in said Agawam, at an oak tree at a ditch and running North at about 25 degrees East on land of Leonard Brothers Fifty-nine (59) rods to an old ditch; thence by land of one Worden in a line of said old ditch South about Seventy-four and one-half (74 Y2) degrees East Forty-eight (48) rods twenty-one (21) links to other land of Yuzef Mozelewski, now or formerly; thence Southerly in a direct line to one Goodhue at a point Seventy-one (71) rods East of said highway; thence running Westerly on land of Goodhue and Ely to a yellow pine marked on the Easterly side of said highway; thence running Northwesterly by said Easterly line of said highway Four (4) rods and Seven (7) links to the place of beginning, containing Eighteen (18) acres of land more or less. Being the same premises conveyed to Paul J. D'Amato by deed dated August 8, 1945 and recorded in the Hampden County Registry of Deeds on August 9, 1945 in Book 1804, at Page 157. Si ll 't1 q I lnr ~Inl S33111C3S NCi183dSHI • • Tax Card Information Unofficial Property Record W • Unofficial Property Record Card -Agawam, MA General Property Data PareellD 114514 Prior PareellO 6290-- Property Owner O"AMATO KATHLEEN ANN CIO ATTORNEY MICHAEL D PARKER Mailing Address ONE MONARCH PL sre 2220 City SPRINGFIELD Mailing State MA Zip 01144 ParcelZoning RB Account Number Property Location 105 ROWlEY ST Property Use ONE FAM Most Recant Sale Oate 611211968 Legal Reference 3343-30 Grantor Sale Price 0 Land Area 15.000 acres Current Property Assessment Xtr. Features Page 1 of 1 Card 1 Value Building Value 91,100 Valuo 13,000 Land Value 159,400 Total Value 263,500 Building Style OLD STYLE .. of Living Units 1 Year Built 1925 Building Grade AVERAGE Building Condition Good Finished Are. (SF) 1735.23999 Number Rooms 7 .. of 314 Baths 0 Building Description FoundatJon Type CONe BLOCK Frame Type TYPICAL Roof Structure GABLE Roof Cover ASPHALT Siding ASBESTOS Intarior Walls PLASTER .. of Bedrooms 3 .. of 1/2 Baths 1 Legal Description Narrative Description of Property Flooring Type SOFTWOOD Basement Floor CONCRETE Heating Type FORCED HIW Heating Fuel OIL Air Conditioning 0% , of Bsmt Garages 0 ,. of Full Baths 1 ., of Other Fixtures 0 This property contains 15.000 acres of land mainly classified as ONE FAM wtth 'In) OLD STYLE style building. built about 1925 , having ASBESTOS exterior and ASPHALT roof cover, with 1 untt(s), 7 room(s), 3 bedroom(s), 1 bath(s),1 haW 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 8/1/2014 PRESIDENT Christopher C. Johnson VICE PRESIDENT Dennis J. Perry COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. Cavallo James P. Cichetti Gina M Letellier Joseph Mineo Donald Ai Rileauil Robert E. Rossi .4nthony R. Suj/riti ADl\HNISTRA T1VE ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX (413) 726-9717 EMAIL hbard(g;agawam.ma. us I M " AGAWAM . ( PI.Ltuu CITY COUNCI£t' . 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL The Agawam City Council will hold a public hearing on Monday, September 15, 2014 at 7:00 P.M. at the Roberta G. Doering School, 68 Main Street, Agawam, MA. The purpose of this hearing will be to hear the Petition of Carole A. D' Amato, guardian for James J. D'Amato as submitted by Michael D. Parker, Esquire for a proposed Zone Change Plan for 105 Rowley Street, Agawam, MA. The Zone Change request is to change the parcel from a combination of Residence B and Agricultural to Residence B in its entirety. A copy of the proposed Zone Change can be obtained from the Agawam Planning Office or the Agawam City Clerk's Office between the hours of 8:30 A.M. and 4:30 P.M. in the Agawam City Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Christopher C. Johnson City Council President TO BE ADVERTISED ON 8/21114 and 8/28/14 CD UI UI ( Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August/l,2014 Dear Abutter: Carol D' Amato has submitted to the Town a zone change request for 1;05 Rowley Street. The parcel is currently zoned Residence B and Agriculture. The request is rezone the entire parcel Residence B. The Assessors Office lists you as an abutter and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, August 21,2014 at 6:30 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRPIDSD:prk LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, August 21,2014 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition ofD' Amato for a zone change request on 105 Rowley Street from Agriculture and Residence B to all Residence B. 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: Mark R. Paleologopoulos, Chairman Agawam Planning Board (Ad to be run 817114 & 8/14114) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT LEGAL NOI1CE TOWN OF AGAWAM PLANNING .oAR»' The Agawam Plaomng . Board will hold a public bear- ing on Thursday, August 21 2014 at 6:30 PM at the A~awam Public Library. 750 Cooper Street, Agawam. MA. The purpose of this heanng will be to \leaf 11K> poIIUOO of D" Atnato for a zoae change request on 105 Rowley Street from Agriculture and Residence B to all Relidence B. Copies of the proposed zone change can be obtaI~ed from· the Agawam Planmng Office between the ho~rs of PVPC 8'30 AM and 4:30 PM 10 the Agawarn Town Hall. 36 Main Street Agawam. MA. i . . ' BY ORDER OF'. Dept. Of Housmg & Commumty Development Mark R Paleologopo~tI C~ Agawam Planning ~ sn,8J141\4 • Patrick and Diane Kevane 20 Lango Lane Agawam MA 01001 VeraPaskal 27 Lango Lane Agawam, MA 01001 Melody Alvarado 6 Lango Lane Agawam, MA 0 I 00 1 l Scott and Christina Valentino 37 Lango Lane Agawam, MA 01001 TENNESSEE GAS PIPELINE COMPANY POBOX4372 HOUSTON, TX 77210-4372 SHffiLEY JOAN B 51 ROWLEYST AGAWAM, MA 01001-1641 SMITH EUGENE D JR II RANDALL ST AGAWAM, MA01001-1620 MORRIS STEVEN H ur 140 ROWLEY ST AGAWAM, MA 01001-1629 PBIINC 49 ORIOLE DR FEEDING HILLS, MA 01030 MORRIS FARM TRUST 140 ROWLEY ST AGAWAM, MA 01001-1629 KEVANEPATRICKB 20 LANGO LN AGAWAM, MA 01001 PBIINC 49 ORIOLE DR FEEDING HILLS, MA 01030 PBIINC 49 ORIOLE DR FEEDING HILLS, MA 01030 YARROWS PROPERTIES LLC 1039 HOMESTEAD AV HOLYOKE, MAOI040 JK REAL ESTATE LLC 245 SPRINGFIELD ST AGAWAM,MAOIOOI SHffiLEY EDWARD P JR 55ROWLEYST AGAWAM, MA 01001-1641 D'AMATO KATHLEEN ANN ONE MONARCH PL STE 2220 SPRINGFIELD, MA 01 144 DAMATOPAULJ ONE MONARCH PL STE 2220 SPRINGFIELD, MA 01144 SEIDELL RICHARD F 469 BIRNIE A V WEST SPRINGFIELD, MA 01089 D'AMATO PAUL J ONE MONARCH PL STE 2220 SPRINGFIELD, MA 01144 PBIINC 49 ORIOLE DR FEEDING HILLS, MA 01030 VALENTINO SCOTT A 26 SOUTHWORTH ST WEST SPRINGFIELD, MA 01089 LANGO DONALD LEONARD 33 COOKAV ENFIELD, CT 06082 • MOCCIO F AMIL Y REV LIVING TRUST 166 FEEDING HILLS RD SOUTHWICK, MA 01077-9584 ZUCCO JAMES M 50 ROWLEY ST AGAWAM, MA01001-1636 MOCCIO SHIRLEY M 166 FEEDING HILLS RD SOUTHWICK, MA 01077-9584 WESTERN MASS ELECTRIC CO PO BOX 270 HARTFORD, CT 06141 MORRIS FARM TRUST 140 ROWLEY ST AGAWAM, MA 01001-1629 ALVARADO MELODY A 6LANGOLN AGAWAM, MAOIOOI PBfINC 49 ORIOLE DR FEEDING HILLS, MA 01030 PASKAL VERA 27LANGOLN AGAWAM,MAOIOOI SEIDELL REALTY LLC 469 BIRNIE A V WEST SPRINGFIELD, MA 01089 • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, August 21,2014 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition ofD' Amato for a zone change request on Rowley Street from Residence A-2 and Agriculture to all Residence A-2. 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: Mark R. Paleologopoulos, Chairman Agawam Planning Board (Ad to be run 8/7/14 & 8/14/14) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing & Community Development • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Building Inspector Safety Officer Fire Department Health Department Conservation Commission Engineering DepartmentlDPW Board of Appeals School Committee Assessors FROM: Planning Board DATE: July 21, 2014 SUBJECT: Zone Change--Rowley Street -D' Amato . The Planning Board will be holding its public hearing on a Zone Change request for D' Amato for property 105 Rowley Street on Thursday, August 21,2014. The property is currently zoned Agriculture and Residence A-2. The request is to zone the entire parcel Residence A-2. We would appreciate any comments you may have prior to this hearing. Please be advised that this item will be on the August 12th Team Meeting agenda. sm/~ Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD '" .' . • MICHAEL D. PARKER ATTORNEY AND COUNSELOR ONE MONARCH PLACE, SUITE 2220 SPRINGFIELD. MAsSACHUSETTS 01144 • JEFFREY R. L.INDEQUIST TELEPHONE (413) 736-4101 Town of Agawam Town Council 36 Main Street Agawam, MA 01001 July 14, 2014 RE: 105 ROWLEY STREET Petition for a Change of Zone Honorable Members of the Town Council: TELECOPIER (413) 736--4582 Now comes Jan1es 1. D' Amato, by his Guardian, Carole A. D' Amato, and petitions the Town Council in and for the Town of Agawam to change the zone of the property locally known as 105 Rowley Street to Residence B. The property is currently zoned Residence B to a depth of 200' from the easterly sideline of Rowley Street and is zoned Agricultural over the remainder of the parcel. General Description of the Property The property consists of about 15 acres of land and lies to the east of Rowley Street and behind Sarat Ford. About one-third (1/3) of the property or five (5) acres is subject to a high-tension powerline easement in favor of Western Massachusetts Electric Company ("WMECO") and. as a consequence, the easement portion cannot be used for any o~r purpose. The portion of the property to the south of the powerline easement is ~eid}y developed with a circa 1925 single-family residential structure. > ;:'., r.~~ C ) '-r~·· ~ A full legal description of the property is attached as Exhibit "A." Current Use and Ownership The existing residence is occupied by James J. D'Amato, age 64. Mr. D'A~to~ a mentally challenged individual who has lived on the property his entire life. A h<fr't interest in the property was inherited by Mr. D' Amato following the death o~H~ Paul D' Amato, in 1986. He inherited the remainder when his only si~~}!11 ~ December of 2009. f\'1::."''''' \ Q 1'\)\" ,\\l\.. 0 j>.Gj>.'H~j>.~O ~\..j>.tttt\ttG I LAW OFFICE OF MICHAEL D. PARKER Agawam Town Council July 14,2014 Page 2 • • In order to provide for Mr. D' Amato's care, as he advances in age, his Guardian has proposed to develop the southerly 10 acres of the parcel as residential house lots and, thereafter, to use the sale proceeds to build a new home for Mr. D' Amato on one of the lots. The existing old farmhouse which is not handicap accessible would be demolished. It would be helpful for Mr. D' Amato, given his condition, to be able to continue to reside in an area with which he is familiar. To remain in the area, however, he must convert the real estate into funds needed for maintenance and support. Reason for the Requested Zone Change The property is partially zoned Residence B. It is unlikely that the usable remainder of the parcel will ever be used for agricultural purposes. The proximity of the land to the WMECO powerlines creates a "utility" visual that reduces the desirability of the property for single-family residential development. However, the factors which reduce the value of the land for single-family homes, make it appropriate for development with two (2) family "starter" homes. Adjacent Properties Mr. D' Amato also inherited a 2.34 acre parcel to the north of the subject parcel and an 11 acre parcel to the east and south of the subject parcel. Mr. D' Amato (subject to court approval) is willing to transfer the two (2) parcels to the Town of Agawam or its Conservation Commission for no or minimal consideration to be held as so-called "Article 97 land" for limited use as conservation or recreation. S3:Jlfll.:l3S NO[LJ3dSNf MIChael D. Parker, Esq. Attorney for Carole A. D' Amato, Guardian and James J. D' Amato One Monarch Place, Suite 2220 Springfield, MA 01144 Telephone (413) 736-4101 Facsimile (413) 736-4582 Board of Bar Overseers No. 389980 Mparker@mdparkerlaw.com • • EXHIBIT "A" the land in Agawam, Hampden County, Massachusetts, more particularly bounded and described as follows: PARCEL 1 Beginning on the Easterly side of a highway, leading Northwesterly from Suffield Street to Springfield Street, in said Agawam, at an oak tree at a ditch and running North at about 25 degrees East on land of Leonard Brothers Fifty-nine (59) rods to an old ditch; thence by land of one Worden in a line of said old ditch South about Seventy-four and one-half (74 Yi) degrees East Forty-eight (48) rods twenty-one (21) links to other land of Yuzef Mozelewski, now or formerly; thence Southerly in a direct line to one Goodhue at a point Seventy-one (71) rods East of said highway; thence running Westerly on land of Goodhue and Ely to a yellow pine marked on the Easterly side of said highway; thence running Northwesterly by said Easterly line of said highway Four (4) rods and Seven (7) links to the place of beginning, containing Eighteen (18) acres ofland more or less. Being the same premises conveyed to Paul J. D'Amato by deed dated August 8, 1945 and recorded in the Hampden County Registry of Deeds on August 9, 1945 in Book 1804, at Page 157. S I :1 1 V 0,1 lOr ~'Ol S3 '1,' "Cl:' Nni I 'YJd('''/ ..; nC!;J.;) .. v,_v--: ,:)H • INTEROFFICE MEMORANDUM TO: FROM: PAM KERR, PLANNING DEPARTMENT BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE FOR 105 ROWLEY STREET, AGAWAM DATE: 7/18/2014 This office is in receipt of the attached petition for a zone change for 105 Rowley Street, Agawam, MA, as submitted by Attorney Michael D. Parker on behalf of Carole A. D'Amato, guardian for James J. D'Amato (sixteen copies attached). This item will appear on the Council's August 4th Agenda to suggest a public hearing date of September 15,2014. As we discussed, the Planning Board will hold their public hearing on this item on August 21 , 2014. Thank you. cc: Full Council, Mayor, Solicitor RECEIVED JUL 182014 AGAWAM PLANNING BOARD PLANNING BOARD TOWN OF AGAWAM 36 MAIN STREET AGAWAM,MAOlOOl }J VVl ~ IV Scott and hristine Valentino 37LangoL~~ ____ ~ Agawam, MA 01001 NI XI E 06:1. 5 E :1.1009 RETURN TO 5ENDER NOM,AI L R E CE P TAC.L E UNABLE TO FORWARD 01005/06/:1.4 Be: 0:1.00:1.:1.83799 '2244-09601.-04-4Z !, II! 1111,11,1 i ,I,ll "ld"},,!i.,, .. , I J J I i I J, J I, j II" III lili\ ,II - - - -" ; 1 .• , -'i " ,;; ;,,:!,' ~ ;. , ; ,_, 1 i \ Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 . Tel. 413-786-0400 Fax 413-786-9927 August 11, 2014 Dear Abutter: Carol D' Amato has submitted to the Town a zone change request for 1105 Rowley Street. The parcel is currently zoned Residence B and Agriculture. The request is rezone the entire parcel Residence B. The Assessors Office lists you as an abutter and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, August 21,2014 at 6:30 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRPIDSD:prk I < 1 I '\. '\. I '\. '\. '\. '\. 1 1 /~ .~ /" I I /~ I Jj ---- » ;;0 \I 11 ~ .., .... 0 to '? '" 0 "'. o. ---------- '-, I 1 ' \ I '-' - ------- '\. N/F '\. DONALD &: FRANK LANGO '\. '\. OTHER LAND OF ROWLEY STREET DEVELOPMENT TRUST N/F STEVEN, JOSEPH &: GILSERT MORRIS 1-; "''A 1 g~ '-~ ~ _---J . .... -----_-~_-.1\' " ----_ -.:---, oJ .... --/ .. ,... "'" ---:~ '-'.--1 '0 >..-/ --/~ --- " I .. i & S;;/ ." ~ I~'" " .. ~ til "V/-~ -. I / / / N/F JK REAL ESTATE, LLC / / / / .---------PROPOSED ZONE CHANGE AREA Q)I Ij · 0' ;; N/F PSI, INC N/F VERA PASKAL / / / / / /~ AG. TO RES. 8 / / / / / / 10.88 ACRES N/F SCOTT &: KRISTINA VALENTINO \000'+/- \ \ 60.05' N/F PSI, INC I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I _. N/F TENN. GAS PIPELINE, CO. ~ (:> ~ . % -y «"' ~ ~ N/F MOCCIO FAMILY REVOCABLE TRUST N/F VINCENT & SHIRLEY MOCCIO OTHER LAND OF ROWLEY STREET DEVELOPMENT TRUST E\VED JUl 18 l.G\4 rJ;.GAWAM ZONE CHA~~'NN'NG BOARD :;;l PLAN OF LA~D :. ROWLEY STREET := AGAWAM, MA OWNED BY -c » ROWLEY STREET DEVELOPMENT TRUS:f -' DEED BOOK 20147 PAGE 494 DATE: JULY 7, 2014 SCALE: 1" = 80' PAUL S. SMITH LAND SURVEYING 319 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700 '" "" c :z ~ * ! N/F STEVEN, JOSEPH & GILBERT MORRIS - -- -- -- ----- --- -- ----- -------'" -~-----, " -- " :fo<' ---,');" .--"..-- 1/ _ ---> \:::.: ACCESS _ --EASEMENT -DEED BK 18037 PG. 96 PLAN BK. 354 PG. 2 1 ___ .---22.·~'S· ----------- (] SIGHT DISTANCE EASEMENT -- DEED BK. 17260 PG. 593 PLAr--BK . 350 PG. 1 0) 19,461 SF. CD 21,815 SF. N/F DONALD & FRANK LANGO CD 15,346 SF. % 0 \1.. 1 8,817 SF. CD 14,966 SF. CD N/F PBI, INC 100 .00' 0) 14,917 SF. , 00.00' CD N/F VERA PASKAL ---- ---------- o 7.35 ACRES 41.77' o 15,481 SF. 100 .00' ./ ./ ./ ./ ,/ ./ ./ N/F ./ ./ ./ ./ ./ JK REAL ESTATE, LLC PLAN BOOK 267 PAGE 84 ./ ./ ./ ./ .../ --- o N/F ./ ./ ./ ,/ ./ ./ SCOTT & KRISTI NA VALENTINO ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ CD ./ ./ ./ 3.40 ACRES I I I I I I I I I I I I I I I I I I I I I I I CD N/F PBI, INC I I I I I I I I I I I 0' 50' 100' 150' i_~~~I~~ N/F TENN. GAS PIPELINE, CO. PLAN BOOK 34 PAGE 70 I I i I I I J I I I I I I I I I I J I I I I J I I I I I I I I z I I 0 I I .~ I j q I r ~I l::! x I o I '" Q I 2c I I I I-I i5 I 2l I g I I ~ I ::; I w Q I a:: I & I I z I i5 I I-I I I I I I I I I I I I I ! I I I o OJ ('oj OJ lONE: RES 8 N/F MOCCIO FAMILY REVOCABLE TRUST PLAN BOOK 136 PAGE 55 N/F VINCENT & SHIRLEY MOCCIO PLAN BOOK 136 PAGE 55 RECE'\lED t>,\)\i '2 \ll{\\~ ~G~~~j).RO p\..j).NN\,,, PRELIMiNARY SUBDiViSiON PLAN ROWLEY STREET AGAWAM, MA OWNED BY ROWLEY STREET DEVELOPMENT TRUST DEED BOOK 201 47 PAGE 494 DATE: AUGUST 18, 2014 SCALE: 1" = 50' PAUL S. SMITH LAND SURVEYING 319 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700 CD CD SIGHT DISTANCE EASEMEW -- DEED BK. 17260 PG. 593 PLAN BK. 350 PG. 1 NjF STEVEN, JOSEPH & GILBERT MORRIS -- ----"----'-------,-_..::..:.: .-----" '" --"~6 >" _---",;,y \ '------_ ---" Ac:: ACCES S _ --EASEMENT (2) 19,461 SF. o 21 ,815 SF. NjF DONALD & FRANK LANGO CD 15,346 SF. DEED BK. 18037 PG. 96 PLAN BK. 3 54 PG . 2 1 ~ CD 'ri.. 18,81 7 SF. CD 14,966 SF. CD Nj F PBI, INC 100.00' ---- o 14,917 SF. 100.00' CD Nj F VERA PASKAL ---------- o 7.35 ACRES 41.77' CD 15.481 SF. 100.00' / /' / / / / / / / /' / / / / /' / /' / / Nj F JK REAL ESTATE, LLC PLAN BOO K 267 PAGE 84 / / - / /' / - / / /' / / - /' / / /' - / / --" --------- o NjF scan & KRISTINA VALENTINO - o 3.40 ACRES 641.02' NjF TENN. GAS PIPELINE, CO. P!d\N §gg.~ M PAg& 7Q 546.04':.------- o Nj F PBI , INC I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I z I I 0 I I 5 I I g I I w I I !- I I I I I I I I I I x I o I g: I ~ I I I ~ I w I 2l I ~ I I I ~ I ::J I w I I I I I I I I I I I I I I I I Q I a:: I ~ I I Z I § I I I I I I I I I I I I I I I I I I I I I I I I I 0' 50' 100' 150' ~-I ... ~1 __ iiiIIiiiiiiil a 00 N 00 ~ ZONE: RES B NjF MOCCIO FAMILY REVOCABLE TRUST PLAN BOOK 136 PAGE 55 NjF VIN CENT & SHIRLEY MOC CIO PLAN BOOK 136 PAGE 55 PRELIMINARY SUBDIVISION PLAN ROWLEY STREET AGAWAM, MA OWNED BY ROWLEY STREET DEVELOPMENT TRUST DEED BOOK 20 14 7 PAGE 494 DATE: AUGUST 18, 2014 SCALE : 1" = 50' PAUL S. SMITH LAND SURVEYING 319 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700 N/F STEVEN, JOSEPH & GILBE RT MORRIS -- - - - --- -- ----- -------- ------8 19,46 1 SF. CD --- CD --------" _A-.--_--~" ---"n6 )" ---'V\ "--- _ --.> -Ac: ACCESS _ --EASEMENT DEED BK. 18037 PG. 95 PLAN BK. 354 PG. 21 - ----- ____ ----'}..?...B~· - CD (2) 18,81 7 SF. 15,346 SF. (2) -- 2 1,815 SF. o 14,917 SF. 14,966 SF, \00.00' \00.00' ~,.---___ ~--;~\~54'2\5' ~-(2) N/F N/F PBI, INC DONAlD & FRANK CD N/F VERA PAS KAL SIGHT D'STANCE EASEM ENT DEED BK. 17260 PG. 593 PLAN BK. 350 PG. 1 LANGO ---- ----------- / / / / ----- ----- / / / / / -------- o 7.35 ACRES 4\ .77' CD 15,481 SF. \00 .00' o N/F scan & KRISTINA VALENTINO / / / / / / / N/F JK REAL ESTATE, LLC PLAN BOOK 267 PAGE 84 --- / / / ---- ---- / / / -- -- o / / / --- 3.40 ACRES ------------ -------- CD N/F PBI, INC - 0' 50' 100' ~-~-~~""~I -~----, N/F TENN. GAS PIPELINE, CO . PLAN BOOK 34 PAGE 70 I I I I I I I I I I I I I J I I I I I I I I I J I I I I I I I I I I z I I 0 I I 5 I I '3 I I I I I=! I I I I I I I X I o I ~ 0.. I I I I !l: I I I >-I 3 I ~ I ~ I I ~ I I I ~ I I I I I I I I I I I J I I I I a:: I ~ I I z I z I=! I I I I I I I I I I I I I I I I J I I I I I I I I 150' lONE: RES B N/F MOC CIO FAMILY REVOCABLE TRUST PLAN BOOK 136 PAGE 55 N/F VIN CENT & SHIRLEY MOCCIO PLAN BOOK 136 PAGE 55 PRELIMINARY SUBDIVISION PLAN ROWLEY STREET AGAWAM, MA OWNED BY ROWLEY STREET DEVELOPMENT TRUST DEE D BOOK 20 14 7 PAG E 494 DATE: AUGUST 18, 2014 SCALE: 1" = 50' PAUL S. SMITH LAND SURVEYING 31 9 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700 l I N/F STEVEN, JOSEPH & GILBERT MORRIS ------- J ------------/ -- / -/ o -/ / -- (0 19,461 SF. ">$ '°0 ' ~ , -/ -/ ----" __ A-__ ----, " ---, 'r!?), ----- "J 'y/ \ '-__ -" .\-'- _ -/ .>. L ACCESS / / / EASEMENT -/ / o CD 15,346 SF. DEED BK. 18037 PG. 96 PLAN BK. 354 PG. 2 1 o 18,8 17 SF. -/ -/ 0) --- 21,815 SF. 14,917 SF. 100 .00' 100.00' ~ ____ ----~::~'~54'2\5'--~0 N/F N/F PBI, INC DONALD & FRANK o N/F VERA PASKAL SIGHT DISTANCE EAS EMENT DEED BK. 17260 PG. 593 PLAN BK. 350 PG. 1 LANGO ---/ --/ / -/ CD 7,35 ACRES o 15,481 SF. ,00.00' / / / / / /' / /' /' /' /' /' /' /' /' " /' N/F JK REAL ESTATE, LLC PLAN BOOK 267 PAGE 84 / / / / / / / / N/F TENN. GAS PIPELINE, CO. / PLAN BOOK 34 PAGE 70 J' - / ---/ - CD /' / / /' /' / ---- N/F SCOTT & KRISTINA VALENTINO ----/ .-' .-'.-'.-' /202.$2' I .,.,.--// I I /.-' I I __ --/ I I //-I I __ -----I I //-I I -.---I I ---I I ---/ I I - CD 3.40 ACRES 0' N CD N/F PBI, INC I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I z I I 0 I I ~ I I 9 I I I I I=:' x I ~ I ~ i I f-I a5 I ~ I & I I ~ I -' I w ~ I I ~ I I :i I § I I I I I I I I I I I I I I I I I I I I I I I I 50' 100' 150' ~""~"I ___ o co N co t{) r<) N <0 N ZONE: RES B N/F MOCCIO FAMILY REVOCABLE TRUST PLAN BOOK 136 PAGE 55 N/F VINCENT & SHIRLEY MOCCIO PLAN BOOK 136 PAGE 55 PRELIMINARY SUBDIVISION PLAN ROWLEY STREET AGAWAM, MA OWNED BY ROWLEY STREET DEVELOPMENT TRUST DEED BOOK 20 147 PAGE 494 DATE: AUGUST 18, 2014 SCALE: 1" = 50' PAUL S. SMITH LAND SURVEYING 319 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700 SIGHT DISTANCE EASEMENT --- DEED OK. 17260 PC. 593 PLAN BK. 350 PC. 1 N/F STEVEN, JOSEPH & GILBERT MORRIS ---- -- --- -----" --~-----~ " --, ,,,,6 >, _---~ 'V,_,---- 1/ _--~~ ACCESS _--EASEMENT DEED BK. 18037 PC. 96 PLAN BK. 354 PG. 21 -- -- ------- ./ ./ ./ -- ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ /' ./ ./ N/F JK REAL ESTATE, LLC PLAN BOOK 267 PAGE 84 ./ ./ ./ ./ ./ ./ ./ ./ N/F TENN. GAS PIPELINE, CO . ./ PLAN BOOK 34 PAG E 70 -- ./ ./ ./ ./ ./ ./ ./ ./ -~ -------------------------- ./ ./ ------------------ ---""" --- / / .-' / /<0<.6<' I // I I / // I I /-/ I I -_--I I _--I I -_--J I _--I J ---I I -------, I -I I I I I I I I I I I I o !Xl N 00 ~ N/F MOCCIO FAMILY REVOCABLE TRUST PLAN BOOK 136 PAGE 55 N/F VINCENT & SHIRLEY MOCCIO PLAN BOOK 136 PAGE 55 -I I ----I z I I 0 I ---------- (0 19,46 1 SF. 0) 21,815 SF. N/F DONALD & FRANK LANGO CD o 18,817 SF. 15,346 SF. A=39. ,2' o 14,966 SF. o N/F PB I, INC -------- (2) 14,917 SF. 100.0 0' CD N/F VERA PASKAL - 8 7.35 ACRES 41.77' CD 15,481 SF. 100.00' 8 N/F scon & KRISTINA VALENTINO 641.oi CD 3.40 ACRES 5410.0 "':.-' -- CD N/F PBI, INC 0' 50' ~-- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I I 9 I ! ~ I X I o I g: I 2c I I .... I ~ I a I ~ I I ~ I a I 9, I D-I ~ I I z I § I I I I I I I I I I I I I I I I I I Ll) I') N <D N ZONE: RES B PRELIMINARY SUBDIVISION PLAN ROWLEY STREET AGAWAM, MA OWNED BY ROWLEY STREET DEVELOPMENT TRUST DEED BOOK 20147 PAGE 494 DATE: AUGUST 18, 2014 SCALE: 1" = 50' PAUL S. SMITH LAND SURVEYING 319 SHAKER ROAD EAST LONGMEADOW, MA (413) 525-4700