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8774_FORM A - TWIN OAKS ROAD.pdf6llL\ - fOC'N\ A- !W((\ Oo\\S {ZoCld I I I I I I I I I I 2 April 2014 Town of Agawam Clerk's Office Richanl M. Theroux, City Oerk Kirk McNaughton P.O. Box 270 /-"/7 '? r;-tJ -].-) (; 7-/ft if ?::-jc7 "-" 7' 0 d. '// /1//1~i . II/(/? ~ '1Zt~ ~tJtt-' V~ 01):/l:-r/ Cll/'ilf East Granby, CT 06026 Re: Twin Oaks Road Parcel Dear Mr. McNaughton: ~ ~ i, \ I. t-,~~, " , ,', . , ,"', 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«~ J; '-~ .... .... () CI! ~ .~ f ~ -<: Q: .... c 0 § "'--, "-"'- ~ ""- S80'1 '00"£ ~ 299.85' I o ~ o ~ ci CI! a & lL. "" ;z S80 '20 '30 "£ 429.88' ----J~--_G~~~1e'"__ __ S81'01' "£ 94.14' 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~~ __ _ r ., Parcel A 244,385 s.t. 5.61 Acres Parcel B 236,894 s.t. 5.44 Acres .., CI! .S: c5f o Q; E o <.> lL. "" ;z S80'41 '00"£ 440.89' N77'40' OO"W ;z o~ OU ..lU1 <D' .U1 U1U1 ~ . S81'25'30"£ 199.61' S '19'3 "£ 50.78 1::> "- It) IU - 3: • 0 .0 "'l r- 0 <D "-0 oi (/) "- :;:; 0 ., 0 a:: u: c .s:: 0 .., lL. "" ;z 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 Confidentiality Statement This Town of Agawam electronic message along with any corresponding attachments may contain privileged or confidential infonnation. This infonnation is for the use afthe intended recipient(s) only. Any disclosure, copying, distribution, or use of the contents of this message in any manner is strictly prohibited by anyone other than the intended recipient(s). If you have received this email in error, notify the sender immediately by email and delete all copies from your network. This email contains proprietary infonnation and may be confidential. If you are not the intended recipient of this email, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. Options, conclusions and other infonnation in this message that do not relate to the official business of FREEDOM CREDIT UNION shall be understood as neither given nor endorsed by it. 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 \\ \\ ...... \-, .~ \ ....... \' .... \\ \