8774_FORM A - TWIN OAKS ROAD.pdf6llL\ -
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2 April 2014
Town of Agawam
Clerk's Office
Richanl M. Theroux, City Oerk
Kirk McNaughton
P.O. Box 270
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Cll/'ilf
East Granby, CT 06026
Re: Twin Oaks Road Parcel
Dear Mr. McNaughton:
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You have asked whe~her, ill inyjuggfu¢lt;·~~ .Road,has been and is used as a
public way Pursuant't9G. ',. ,~S.8fL fot ilie'PurP9sei:if\?;uilding ona single lot. Af-
ter investigation I' 'the ro&! is used to acCess -ptoPerty along the private
way. : i
Enclosure
36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 8215 Fax: (413) 786-9927
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
August 6,2015
J. Kirk MacNaughton
P.O. Box 270
East Granby, CT 06026
Dear Mr. MacNaughton:
TeL 413-786-0400 Fax 413-786-9927
At its duly called meeting held on August 6,2015, the Agawam Planning Board voted to approve
your plans under "Subdivision Control Law Not Required" for a parcel of land located on Twin
Oaks Road. Plans drawn by Anderson Associates and dated June 2015.
Sincerely,
~-..... Lt '
PlellSe be advised Ihatfailure 10 record the plan within six (6) months and provide proof of
recording will negate the action of the Board. Detach on dotted line and return to the Agawam
Planning Board, 36 Main Street, Agawam, MA 0 I 001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -.................... .
To Agawam Planning Board
Please be advised that the Ponn A plan that was filed by MacNaughton and approved by the
Agawam Planning Board for a parcel of land located on Twin Oaks Road. Plan has been
recorded at the Hampden County Registry of Deeds. Book 31 3 , Page S("
Signature of ApplicancJttt«~
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This plotl does not constitute 0.
subdlvisbn therefore o.pprovo.l
under -the Subdivision Control
Lo.w Is not required.
Do. tel ---fl.1i~nll..!t{L~~ __ _
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Parcel A
244,385 s.t.
5.61 Acres
Parcel B
236,894 s.t.
5.44 Acres
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SCALE: 1" - 1 00' DATE: June 2015
GRAPHIC SCALE
1
( IN FEET )
1 Inch = 100 ft,
ANDERSON ASSOCIATES
LAND SURVEYOR, LAND
PLANNING CONSULTANT,
SITE DESIGN
375 WALNUT STREET EXTENTION
P.O. BOX 382
AGAWAM, MASSACHUSETTS 01001
Tel. 413 525-4145
Fax 413 273-1776
PLAN OF LOTS IN
AGAWAM, MA
PREPARED FOR:
Kathleen G. Brunelle
Kathleen G. Brunelle, Trustee ot Mary
Ellen Arslanian Irrevocable Trust
Vera A. Conway
Twin Oaks Road
Agawam, MA
NO. DATE DESCRIPTION
This plo.n prepo.red In o.ccordo.nce
with the rules o.nd regulo. tlons of
the Reels1;ry of Deeds.
Do.tel -=~~~~~~~~~ __ _
DRAWING NO.
L-----;-c--------------------------------------------------______________ .. ____ . _______ --l
"
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1801
August 6, 2015
J. Kirk MacNaughton
P.O. Box 270
East Granby, CT 06026
Dear Mr. MacNaughton:
Tel. 413-786-0400 Fax 413-786-9927
;---,
c::::
At its duly called meeting held on August 6, 2015, the Agawam Planning Board voted to approve
your plans under "Subdivision Control Law Not Required" for a parcel of land located on Twin
Oaks Road. Plans drawn by Anderson Associates and dated June 2015.
Sincerely,
Please be advised thatfailure to record the plan within six (6) months and provide proof of
recording will negate the action of the Board. Detach on dotted line and return to the Agawam
Plarming Board, 36 Main Street, Agawam, MA 01001.
To Agawam Planning Board
Please be advised that the Form A plan that was filed by MacNaughton and approved by the
Agawam Plarming Board for a parcel of land located on Twin Oaks Road. Plan has been
recorded at the Hampden County Registry of Deeds. Book , Page ____ _
Signature of Applicant _____________ _
\
Pamela Kerr
From:
Sent:
To:
Cc:
Subject:
Good morning, everyone.
Marc Strange
Monday, August 10, 2015 9:47 AM
David Chase; Pamela Kerr
'Nicholas Pandolfi'; 'Paleologopoulos, Mark'; Violet Baldwin; Marc Strange
RE: Form A (ANR plans)
So, in short, I think the proper channels were fOllowed in determining that Twin Oaks Road is a "public way" en route to
Planning Board approval of Kirk McNaughton's ANR. I also believe that David was correct in thinking that there's an
established procedure where the Town Council must approve a street as a "public way." I'll try to explain.
M.G.L. c. 41, sec. 81L, which the Town Clerk cited in his letter to Mr. McNaughton, defines "subdivision," in relevant
part, as:
"[Tjhe division of a tract of land into two or more lots and shall include re-subdivision, and, when appropriate to the
context, shall relate to the process of subdivision ... ; provided, however, that the division of a tract of land into two or
more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the
time when it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the clerk of
the city or town certifies is maintained and used as a public way.,." .
I think this means that, if a tract of land is divided (or re-divided as is the case here) into two parcels, the subdivision
control laws do not apply to that division of land if the parcels have sufficient frontage on a public way. And a "public
way" for the purposes of that statute can be either: (1) a public way as accepted by Town Council pursuant to Article III
of c. 155 of the Town Code, or (2) certification by the Town Clerk of the street as a public way. So, even if the Town
Council hasn't officially accepted Twin Oaks Road as a "public way" under the Town Code, the Town Clerk may still
certify it as a public way for the purposes of M.G.L. c.4l.
Please note that there's likely case law and/or administrative decisions interpreting this issue; so my interpretation is
subject to those cases, but, again, on its face, I think the Clerk's certification ofTwin Oaks Road as a "public way" is
sufficient to excuse Kirk McNaughton's re-division of his two parcels from the requirements of the Subdivision Control
Law.
I hope I didn't further confuse the issue. If you have any lingering questions or concerns, please let me know.
Marc A. Strange, Director
Planning & Community Development
Town of Agawam
36 Main Street
Agawam, MA 01001
(413) 786-0400 ext. 8245
From: David Chase [mailto:dchase@freedom.coop]
Sent: Monday, August 10, 2015 7:58 AM
To: Marc Strange; Pamela Kerr
Cc: 'Nicholas Pandolfi'; 'Paleologopoulos, Mark'; Violet Baldwin
Subject: RE: Form A (ANR plans)
1
Good morning hope you had a great weekend. Just as a follow up to last Thursdays meeting, does the Town of Agawam
have a statue on how a private way becomes a public way?
David A. Chase
Freedom Credit Union
Vice President
Member Business Services
1976 Main Street
P.O.Box 3009
Springfield,Ma.01101-3009
Office 413-355-5188
Cell 413-896-6707
From: Pamela Kerr [mailto:PKerr@agawam.ma.us]
Sent: Thursday, August 06, 2015 10: 11 AM
To: David Chase; Subject: PN: Form A (ANR plans)
Good Morning -Please see Erik's review below of the Form A's on tonight's agenda. Are you all planning on attending?
Pam
From: Erik Wight
Sent: Thursday, August 06, 2015 9:25 AM
To: Pamela Kerr
Cc: Vince Gioscia; Alan Sirois; Eric Gillis; Richard Theroux; Mayor Richard Cohen; Marc Strange
Subject: Form A (ANR plans)
Pam,
This office has no issues with the two proposed Form A projects located on Rowley Street.
The project located on Twin Oaks Road I would have no objection to with the following conditions: Approval by Fire
Department for emergency access as well as Police, road status letter by Town Clerk and law Department.
Erik Wight
Inspector of Buildings
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2
Town of Agawam
Interoffice Memorandum
To:
CC:
From:
Date:
Subject:
Law Department; and Erik Wight, Building Inspector
Planning Board
7/29/15
Form A -Twin Oaks Road -MacNaughton
Please review and provide written comments on the attached Form A for MacNaughton
on Twin Oaks Road prior to the Board's August 6th meeting.
Thank you.
MS:prk
FROM THE DESK OF ...
YOUR NAME
TITLE
TOWN OF AGAWAM
36MAINST
AGAWAM, MA 01 001
Email address Here
413-786-0400 X Extension
Fax: 413-786-9927
TOWN OF AGAWAM, MASSACHUSETTS
FORMA
r-Application for Endorsement of Plan Not Believed to Require Approval~,~
FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COpy ;C'C
WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTION 11-B
TO THE PLANNING BOARD:
The undersigned, believing that the accompanying plan of his property in the Town of
Agawam does not constitute a subdivision within the meaning of the Subdivision
Control Law, herewith submits said plan for a determination and endorsement that
Planning Board approval under the Subdivision Control Law is not required.
1. Name of Applicant 5S kl(o:. l=1~cNI'<V(,WT .. t0
2.
3.
4.
5.
Address e, () , ~ 0)( "2.."1 0, BAs T (,,(L.At-J, '1 c 1 0 b cl-z. Ie
Phone # 'riot> -"3 <>:> -4 y 'I ~ Fax # i'I..u -21'1 -17!; f-email K liZ 0:.,""> i-1Ac1Svl'-'u'S. CoM
Name of Surveyor /HJP&U 0 tV ft)'S dCIAtes
Address ?:; I ~ \N AU» v:r 51 EX!, A(~4!" ~ A 1-'\ h A () I 0 0 I
Phone # 1.f/3-)z:i-Y/yr Fax # 413-.1.73 -171' email/?oNFRItA @6h,.,L • CC;'1
Deed of Property Recorded in ________________ _
Book '5" I> 1 Y.
Location of Property --[Wi AI OM .4Ht t7
Describe the proposal in this submission:
Page _-,,-~..::.3 __ _
t...f>75 Z(.4,,-,:> 22-WilL 8£ He.< 6EO ,III'JV -t1-:'L'rJ V(i,///.!4.c,o
/IIFJ tiff{. etc. -; A Ih;-!J_
Jate. 7129/2015
To the Department Officer making the Payment:
Received of MacNaughton Real Estate
the s~ of 90.00
as Listed Above
--;;D'-o"""lIa-rs---
, for the Form A Filing Fee ending 7/29/2015
for collectic
Treasurer
PAYMENT SUMMARY RECEIPT
Town of Agawam
TOWN HALL
36 MAIN 1:rREET
AGAWAM MA 01001
DATE: 07/30/15 CUSTQMER#: 000000000
TIME; 13;08
CLERK: mac
RECPT#: 1078479
TP/YR; MS/2016
BILL:
PREV IlAL:
AMT P}HD:
ADJSTMNT:
EFF DT: 07/30/15 BAL DUE:
MISCELLANEOUS PAYMENT
90.00
-----------------TOTALS---------------~-
PRINCIPAL PAID:
INTEREST PAID:
ADJUSTMENTS:
DISC TAKEN:
AMT TENDERED:
AMT APPLIED:
CHANGE:
PAID B'i: PLANNING
PAYMENT METH: CHECK
PAYMENT REF: 992
90.00
.00
.00
.00
90.00
90.00
.00
Pamela Kerr
From:
Sent:
To:
Cc:
Subject:
Pam,
Erik Wight
Thursday, August 06, 2015 9:25 AM
Pamela Kerr
Vince Gioscia; Alan Sirois; Eric Gillis; Richard Theroux; Mayor Richard Cohen; Marc
Strange
Form A (ANR plans)
This office has no issues with the two proposed Form A projects located on Rowley Street.
The project located on Twin Oaks Road I would have no objection to with the following conditions: Approval by Fire
Department for emergency access as well as Police, road status letter by Town Clerk and Law Department.
Erik Wight
Inspector of Buildings
1
AGAWAM FIRE DEPARTMENT
800 MAIN STREET, AGAWAM, MA 01001
TELEPHONE (413) 786-0657 FAX (413) 786-1241
ALAN SIROIS, CHIEF OF DEPARTMENT
BERNARD J. CALVI, DEPUTY CHIEF
JACOB N. G. DUSHANE, FIRE INSPECTOR
FRANK MATUSZCZAK, TRAINING OFFICER
August 14,2015
Plan Review For:
Twin Oaks Rd.
Feeding Hills, Ma 01030
Planning Board Members;
afdchief@agawam.ma.us
afddeputy@agawam.ma.us
afdinsp@agawam.ma.us
afdtraining@agawam.ma.us
I have reviewed Twin Oaks Road for the development of a subdivision, specifically if Fire
Department vehicles have access to the entirety of the road. As previously stated the current road
is sufficient for emergency vehicle access. On-street parking should be banned to prevent the
obstruction of emergency vehicle traffic.
Therefor:
I have no further concerns about this project and it has fire department approval.
If there are any questions please contact this office.
Fire prevention is everyone's responsibility.
Jacob N.G. Dushane
Fire Inspector
afdinsp@agawam.ma.us
(413) 786-0657 EXT 8883
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