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8784_ZONE CHANGE - 1004 SPRINGFIELD STREET.pdf?7~l{ - ZCJf\.t (hQ~ _ lOay ~(1'~tIQld St(Q..9J-- LOCUS MAP 1"= 200 ':t; LAND N/F MARK R. DINTZNER N 85" 29' 39" £ 64.91' LAND N/F VINCENT R. GOVONI / / AGRICULTURAL S 89' 22' 06" e BUSINESS A - -~ 464.88'-~ PROPOSED !-.. ~ NEW ZONE LINE #,'v/ I< ",. ,\v $3 101 S? EXISTING ----tJ ~v\)'v~ ~ ~ "5 'I' HOUSE r;,,<.:I/~,,,.'"?· ~. ;..::: NO. 1 004 ~ £).\)GJ ~~ ~ ~ Q [t <? EXISTING ZONE UN ~ ?£ ~ ~ TO BE CHANGED ~ .::s Ri 92 Co _«-" I3i 22 -<1 ,",,'oj c..'\"0Y "11/ ij;! ;:j G'-0C~.l/" <..:+%,,<--~ J £! (/"'--1.( ~J.?o . '\..() . 'l-~ N~O~J~ I><~ ~ 75' '" C, ......... <J" /IV :4- LAND N/F / ELLSWORTH W SMITH / / / / RECEIVED Den 62015 AGAWAM PLANNING BOt. .. RO LEGEND EXISTING ZONE LINE PROPOSED ZONE LINE PROPERTY LINE R LEVESQUe ASSOCIATES, INC PLAN FOR PROPOSED ZONE CHANGE DRAWING II A land Planning Services Company 40 School Street • P.O. BoX 640 . WEstfl.ld. MA 010B6 ph,413.568.0985 tax, 413.568.0986 rlaland.com 1004 Springfield Street Parcel 10 F10-6-19 AgawamMA. • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 23, 2015 Christopher C. Johnson, President Dennis 1. 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: At its duly called meeting held on November 19, 2015, the Agawam Planning Board voted 4-0 to send a positive recommendation to the Town Council with regard to the proposed zone change by Elias for property at 1004 Springfield Street. The Planning Board supports the change from Agriculture and Business A to Residence A-3. If you have any questions, please contact this office at 786-0400, extension 8737. Sincerel~,/ ~/,/~/ /o/~~ Mark R. Paleologopoulos, Chairman AGA WAM PLANNING BOARD Cc: R. Levesque Associates, Town Clerk, File • ZC-2015-1 PETITION FOR ZONE CHANGE BY AZa: ELIAS FOR PROPERTY LOCATED AT 1004 SPRINGFIELD STREET FROM BUSINESS A AND AGRICULTURAL DISTRICT TO RESIDENCE A-3 DISTRICT WHEREAS, Ellsworth W. Smith is the OwnerlPetitioner of parcels of land situated at 1004 Springfield Street, Agawam, Hampden County, Massachusetts, see Hampden County Registry of Deeds Book 20070, Page 33 which is currently located in a split zone Business A and Agricultural; and WHEREAS, Aziz Elias is the Applicant and desires to change the zoning from its current classification of Business A and Agricultural to the Residence A-3 District; and WHEREAS, the zoning change is being requested to allow for residential structures to be constructed on the subject property; and WHEREAS, by granting the aforementioned zone change, the Agawam City Council will be allowing the petitioner to pursue an economically viable project; and WHEREAS, it is in the best interest of the Town of Agawam to change the zoning on 1004 Springfield Street from Business A and Agricultural District to Residence A-3 District; and NOW THEREFORE, the AGAWAM CITY COUNCIL hereby resolves to change the zoning on the following parcels ofland from Business A and Agricultural to Residence A-3 District: Current Owner: Aziz Elias Property Address: 1004 Springfield Street Assessor's Parcel ID: FlO-6-18 which parcels ofland is further described on Exhibit "A" which is attached hereto and incorporated herein by reference. C>"9 ~ ct-lYI at- a -CJ U rlC.l! t1-I..Pr. '1ltYI . ( CG -I1-ss~~v Dated this ~ day of Jc1O-e rnkle , 2015. C( -I ft,pu.-n1m-SdVlU-s PER ORDER 0 THE AGAWAM CITY COUNCIL ~ tl vrAe cf , q~~s I tvv (JO~Vl50()) ) MJskflh Of\ [Ca1thuU) • • MAYORAL ACTION Received this _~!<.fu. ____ daY of t>tc.tmhv.-.2015 from Council Clerk. Signed by Council President this l+h.. dayof ~ ,2015. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agaw~, as amendmy approve the passage of the above legislation on this i day of DU. ,2015. Richafd A. Cohen, Mayor DJSAPPROV AL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of _______ --', 2015 for the following reason(s): Richafd A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this ~tf,..., day of Of.cLnJ?L,L ,2015. • lAND N/F VTNCENT R. GOVONI AGRICUL TUIW. -- PROPOSED A=J;:>" "-NEW ZONE UNE ~ EXISTING ---0 HOUSE NO. 1004 VD N/F / ,'~_w. SMITH " / • / / / BUSINESS A IEGENO EXISnNG ZONE UNE PROPOSED ZONE UNE PROPERTY UNE iSOCIATES, INC PLAN FOR PROPOSED ZONE CHANGE EI'VIas Company ::;;40 . Watfl.Id, IMA 0108& 1S68.OSB6 rt.llllld.com 1004 Springfield Street Parcel 10 FI0-6-I9 AgawamMA. . Unofficial Property Reco.d • Unofficial Property Record Card -Agawam. MA General Property Data "",cal 10 F10118 PrIO' ""_10 1110- PTopotty Dwno< a.m ELLSWORTH W III~ Add_ 2341 SOUTli WESTFIELD ST kcoulrlllumbor PnJIIOftY LocII1Ioft 1004 SPRINGFIElD ST Properly UN ONE FAIl __ l1li10 .,...,amJ2013 ........ 1_ .. 20070033 Page 1 of 1 City FEEDING HILJ.8 Zip Ol0®-Z71O Grutar SMITH !LLSWORTHW.11W1ITU l1li10 Prieto 100 Land ArM 2.000 ..... c.rdl_ lIulldlng Illy'. OLD STYLE 'hi LIvInSl Un III 1 Y .. rBu.1S120 BuMcli"ll Grode AVERAGE _". Condlllon FoIr FInIo_ ArM (Sf) 1011 N_Roo_a 'oI~_O Current Property Assessment LondV ....... OOO Building Description Fou_ TypellA80NIIV F_TypeWOOD Roof Struc:tuno GABLE Roof ecr...r A8I'IIAL T _, A8I'IIAL T _rio, _ PLASTER .01_ .. 2 .01,12_, Legal Description Narrative Description of Property Tatal VIII .. ':M.IOO Flooring Type HARDWOOD a •• ment Floor MIA -.os Type FOIICED iliA -.gF ... GAI Air COIMI_ .... n. 'of_~O •• fFuH_, • of 0tII .. Fbl1u ... 0 Tllio poopor\y _Ino 2.ooD oc_ 01_ maIol)' c ___ ONE FAIl willi "'n) OLD STYLE oIylo buSdln .. bul" _'n11.11av1nf1 ASPHAlT ..... ar..,d ASPHALT roof CCMN'. With 1 .""" 5 :1ah 2 bedr\oomIeb 1 b:thfah 1 hItf bdQ" , ... ,--.. ~ ' ... :.. .... ·IK." . '. I:;;~I I _ ..; r -. ~~ ~ Prope Ima as http://agawam.patriotproperties.com/RecordCard.asp 1012712015 • • Page 1 of4 Bk 20070 P.33 .&8045.8 10-23-2013 a 03.~7p Above for &ttispy Ute On1y OUITCLA!M DEED I, ELLSWORTIf W. SMITH, Trustee ofthc BLLSWORTIf W. SMITH FAMILY TRUST dated September 13,2000, of236 South Westfield Street, Aaawam. Massachusetts, for consideration paid of less 1ban ONE HUNDRED and 001100 ($100.00) DOLLARS grant to ELLSWOR1H W. SMITH alkJa E. WAYNE SMI1H of236 South Westfield Street, Agawam, Massachusetts with QUITCLAIM COVENANTS Certain real estall: situated in said Apwa:n, bounded and described in thIee parcels 88 set forth on Exhjbjt A annexed hereto and made a part hereof. SUBJECT to lIllY and all liens, mortgages, restrictions, easements and reservations of record, in 80 far as the same are in force and applicable. SUBJECT to real estate taxes, assessments aod all municipal charges. BEING the same premises conveyed to the Grantor herein by deed of E. WAYNE SMlTI{ and JEAN M. SMITH, husband and wife dated February 7, 2001 and ICCOrded in the Hampden County Registry ofDc:cda in Book 11506, Page 171. See also deed ofE. WAYNE SMITH dated February 7, 2001,recordedas aforesaid in Book 11506, Page 174 as to Parcel ill herein. EXECUTED as asea1ed instrument this 21st day of October, 2013. http://SO.203.30.59NirtualViewerJavaHTMLS/resourcesiprint.html 10/2712015 • • Page 2 of4 Bk 20070 Pq34 168068 2 COMMONWEALTIl OF MASSACHUSETrS County of Hampden < On this 21st day of October, 2013 before me, the undersigned notmy public, personally appeared ELLSWORTIl W. SMlTIl, proved to me through satisfiu:tory evidence of identification. namely the person was [lEBo'MiID me, identified by affirmation of a ctedible witness, 01' idlAlifi.d ill 1. to be the personwhOllC name is signed on the preceding or attached doc:ument and acknowledged to me that such person signed it volunla:ily as such person'. free act and deed for its stated puzposc. EPN43B1Deed-1 0048pringlieldStreet.430 1 http://S0203.30.59NirtualViewerJavaHTMLS/resourcesJprint,html 10127/2015 • • Page 3 of4 Bk 20070 Pg35 *68068 EXHIBIT A PARCEL J: Being known and designated as Parcel ·C· as shown on a pIan oflBlld recorded in the Hampden County Registry of Deeds in Book of Plans 265, Page 107; said real estate being more particularly bounded and described as follows: SOUTHEASTERLY NOR'lHERLY WESTERLY SOUTIlWESTERL Y EASTERLY SOUfHERLY by Springfield Street, two hundred sixteen and 301100 (216.30) feet; by jand now or fonnerly of M. Zaccaria. by two lines baving • total distance offive hundred thirty-onc and 111100 (531.11) feet; by land now or fOlDlerly of I.A. & E.M. Carlson, one hundred sixty-six and 701100 (166.70) feet; by I.md now or fonnerly oCE. Wayne Smith, one hUDdrcd forty and 3111 00 (140.31) feet; by Parcel "D" as shown 00 said plan, SCve:lty-ninc and 87/100 (79.87) feet; and by said Parcel "D" as shown on said plan, two hundred seventy-one and 82fl 00 (:!71. 82) feet. PARCEL U, Being known and designated as Parcel "n" as shown on a plan of land recorded in the Hampden County Registry ofDccds in Book of Plans 265, Page 107; said rell estate being more particularly bounded and described as follows: SOlITHEASTERL Y by Springfield Stree~ one hundred sixty-eight (168) feet; NOR'lHERLY by Parcel "C" as shown on said plan. two hundred seventy-onc: and 821100 (271.82) feet; WESTERLY SOlITHWESTERL Y by said Parcel "C" as shown on said plan, seven1y-nine and 87/100 (79.87)fect; and By land now or fonnerly ofE. Wayne Smith, one hundred sixty-six BIId 441100 (166.44) feet. The above Parcels I and U being the same premises conveyed to Grantors herein by deed of MORGAN PLACE ASSOCIATES INC., dated August 30, 1999, and recorded in Hampden County Registry ofDeeds, Book 10914, Page 117. http://50.203.30.59NirtuaJViewerJavaHTML5/rcsources/prinlhtml 1012712015 • • • Page 4 of4 Bk 20070 Pg36 '68068 PARCEL III: TIu: lam! in Agawam, (Feeding Hilla) Hamplen County, MassacliuaellS, being known am! designated as Lot "A" 01\ a Plan of Lots recorded in Hampden County RegisIIy of Deeds, Book of Plans 15l. Page 59. Being more particularly described as follows: BolIDded BASTERL Y by Springfield Street, one hundred sixtY-ciglrt and 00/1 00 (168.00) feet; SOUTIIERL Y by land ofE. Wayne Smidt, three hundred cigb! am!2S/lOO (308.25) feet; WESTERLY by land of J. A. &. E. M. Carlson, onc hlJlldre<l sixty-two and 381100 (162.38) fut; NORTIIERL Y by !and of M. Zaocaria. one hundred twenty-_eo am! 03/100 (127.03) fect; BASTERL Y by other land of the Grantor herein, ODe hundrcdtbirty-two and 001100 (132.00) feet; and NORTHERLY by other land of tile Grantor hcn:in, two hundred sevcnIy-onc and 821100 (271.82) foct. EPN4381Dooc1-1004$prin&fiel __ 4301 DONALD E. ASH£. REOII'1I!A !IANI'OOi COUNTY RSIIS1lIY OF DEBlS http://50.203.30.59NirtualVicwerJavaHTML5/resourceslprint.html 1012712015 • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 23, 2015 Christopher C. Johnson, President Dennis 1. 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: At its duly called meeting held on November 19, 2015, the Agawam Planning Board voted 4-0 to send a positive recommendation to the Town Council with regard to the proposed zone change by Elias for property at 1004 Springfield Street. The Planning Board supports the change from Agriculture and Business A to Residence A -3. If you have any questions, please contact this office at 786-0400, extension 8737. . ;r Smcerely. ' /~//<"'//7 dr//, , .. // ~ Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD Cc: R. Levesque Associates, Town Clerk, File • • Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 20,2015 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: ' .. " At its duly called meeting held on November 19,2015, the Agawam Planning Board voted to send a positive recommendation to the Town Council with regard to the proposed zone change by Elias for property at 1004 Springfield Street. The Planning Board supports the change from Agriculture and Business A to Residence A-3. If you have any questions, please contact this office at 786-0400, extension 8737. SinCer)~,o Mark R. Paleologopoulos, Chairman AGA W AM PLANNING BOARD Cc: R. Levesque Associates, Town Clerk, File • • Zone Change -1004 Springfield Street Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 TO: AGAWAM PLANNING BOARD FROM: OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change -1004 Springfield Street -Agriculture and Business A to Residence A-3 DATE: November 12, 2015 On October 26,2015, the Town received a request for a zone change for a parcel of land located at 1004 Springfield Street from Business A and Agriculture to Residence A-3. The property is presently owned by Ellsworth Smith and is 2 acres. The property has 346 feet of frontage on Springfield Street. The Planning Office has conducted a review of this proposal and submits this report for your information. Also attached is a copy of the plan submitted by the applicant showing the proposed zoning map change, a copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information. Land Use and Zoning As stated above, the property for which the zone change is being requested is zoned Agriculture and Business A. A copy of the zoning map for this area has been attached. Under the present Agricultural District the following uses are allowed: ( Please refer to 180-37 of the Zoning Ordinance which is attached.) • Any use permitted in a Residence A-I District or A-2 District. • Farms, dairies, nurseries, truck gardens, greenhouses and natural ice harvesting activities and buildings or structures accessory thereto. 1 • • Zone Change -1004 Springfield Street • 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. • 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. • Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. Under the present Business A the following uses are allowed: (Please refer to IS0-44 of the Zoning Ordinance which is attached.) A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than SO cars. E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. F. Cabins, iflicensed under MGL c. 140, § 32A to 32E, inclusive. G. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § ISO-II. At no time shall fewer than SO parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-S-2000 by TOR-2000-1] H. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § ISO-I I. [Added 9-20-1997 by TOR-97-S] J. No more than four automatic amusement devices duly licensed in accordance with § 7S-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-S] If the zoning is changed from Business A and Agriculture to Residence A-3, the following uses would be allowed: (please refer to § ISO-29 of the Zoning Ordinance which is attached): 2 • • Zone Change -1004 Springfield Street • . .. no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto ... Environmental Considerations The site is 2 acres and contains a single family home built around 1920. Referring to The Soil Survey of Hampden County, Massachusetts, Central Part, prepared by the United States Department of Agriculture, the property consists primarily of Hinkley loamy sand. Other Considerations If the property was rezoned to Residence A-3, a maximum of eight units per acre would be allowed. As such, the proposed development plan may result in as many as 16 units. 3 • .' PARCEL MAP ei ,. : "I I ... ,~",";'_.",:.J .f" ~I J .'1 .. r ,~ ~ >:;;J;, .,u .. .--... -." . .... " !.l -. ·l " .... ,;.. ",11.l ~1 ".' :;";'" ,1 JB> I !. I ......Jj~ ...., ) ; o , ~ .. ' . -,.- J J j , ...;..J • .:/ "y .-." J .... " i j~ : I ,f /. , . L..' '- ".~ ~, ... • .,;~. '. " 2,. t .) ~~ .. { '.j , , I :!, ~...j. }. J f "J ~jJ .~ .. , J " • • J -~. . ..... ; '\.. , .. 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. 1004 Springfield Street 11/16/201511:11:32 AM . ::.; I ~ <'" ., ~ j' ! .., • , .-.' .. ~ I " , .... :.J !. ~ -. , .,~,; ... , I :>" ".,\~ . .» _. I ! Jjj.! eN 1 :3384 1"=282' . .. J .•. ~. :t.\l ' I . . !!~ ' . .if. \ ZONING MAP , 1.41AC , !": '-" " IIOIlI-Sf :.} 1l ,.SF \,1 1 3..a.qSr • " 18 201lAC ;: --"-- The information depicted on this map is for planning purposes only, It is not adequate ·for legal boundary defin~ion, regulatory interpretation, or parcel-level analyses, -' ~" 10"~ .-/ ; 2 l'IBSOSF 14 .. " /.; ... /~ (. 1.n ,_ • ,,:i:" zoning -1004 Springfield Street 11/16/201511 :14:25 AM ,~. 1 :1692 1"=141' ./ .~/ /t , l0450SSF / • Agawam Zoning Ordinance Section 180-37 and 180-44 • e- § 180-36 AGAWAM CODE § 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180-37. Permitted uses. ARTICLE VII Agricultural Districts In any Agricultural District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-I 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-200t-l] § 180·38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Sethack requirements. A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05 . 15 • 2006 1 ~'.' ::; § 180-40 ZONING § 180-43 § 180-40. Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct.or air line. B. Rear yards. For a residence. accessory building or other structure. the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20.000 square feet. § 180-42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices. laboratories devoted to research. design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. Landscaped rest homes or convalescent homes, except those for contagious diseases. for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be lIsed for building purposes. 180:29 OS· 15 • 2006 § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. § 180·44. Permitted uses. ARTICLE VIII Business A Districts In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, . altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of .the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11·15·2004 by TOR·2004·17] E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permilted. [Amended 12·2·2002 by TR·2002·53j (1) For the oublic ouroose to promote and protect the health, safety, and welfare of the • • § 180-44 ZONING § 180-45 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam. (2) For the purpose of licensing gasoline service stations under the provlSlons of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 issued at anyone time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reserved)7 G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall fewer than 50 parking spaces be provided on site. [Added 3·21·1994 by TOR·94.1; amended 3·8·2000 by TOR·2000·1] (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces.' In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § ISO-II. [Added 9·20·1997 by TOR-97·8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9·7-2004 by TOR·2004·5] § 180·45, Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § IS0-44A shall not exceed the height permitted in Residence B Districts. 7. Editor's Note: Former Subsection F, which provided for open"air transient parking as a permitted use, was repealed 6-18-2007 by TOR-2007-6. 180:31 07 -01 -2008 § 180-46 AGAWAM CODE § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. § 180-48 D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 180-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-6] B.. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than ISO feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. § 180-48. Permitted uses. ARTICLE IX Business B Districts In any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Except as otherwise provided in this article, any use permitted lfi a Residence, Agricultural or Business A District. B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business B Districts may be added thereto, altered or rebuilt. 180:32 07-01-2008 •' , • Agawam Zoning Ordinance Section 180-29 • .' § 180-26 ZONING § 180·29 § 180-26. Yards. A. Side yards. (I) There shall be a side yard between a principal building and any side lot line which shall be IS feet wide in its least dimension. (2) Detached garages or accessory buildings shall be placed at least five feet from the side lot line if located more than 6S feet from a street line. B. Rear yards. (I) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in its least dimension. (2) One-story accessory buildings shall be placed at least five feet from the rear lot line, and one-and-one·half-story accessory buildings shall be placed at least 10 feet from the rear lot line. § 180-27, Lot size. No lot shall have a"frontage of less than 110 feet nor an area of less than IS,ooo square feet. § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180-29. Use restrictions. ARTICLE IV Residence A-3 Districts In a Residence A-3 District as indicated by the Building Zone Map. no building or other structure shall be erected. altered or used and no land shall be used or occupied Jar any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions: A. Subdivision control will not apply except insofar as it applies to road construction. surface drainage and utilities. B. The project shall be located on a lot containing not less than two acres and contain not more than eight family dwelling units per acre of lot area. The building coverage shall not exceed 40% of the lot area. The minimum lot frontage on a street shall be ISO feet. C. No building shall be located nearer than 40 feet to a street line or other property line. D. There shall be a landscaped strip of not less than 15 feet in width appropriately planted with lawn. trees and shrubs adjacent and parallel to all property lines of the site. 180:23 05· 15·2006 .-~------~---- § 180-29 AGAWAM CODE § 180-29 E. There shall be a landscaped foundation strip of not less than IO feet in width between each building and an y roadway, drive or street. Such strip shall contain a six-foot-wide grassed and planted area and four-foot-wide sidewalk adjacent to any roadway, dri ve or street within the project. F No building shall be more than two stories in height, exclusive of the basement. The basement shall not contain any living quarters. G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet. H. Floor area. (I) No building shall contain more than eight family dwelling units, and no dwelling unit shall contain less than the following minimum floor areas: (a) One-bedroom units: 400 square feet. (b) Two-bedroom units: 600 square feet. (c) Each additional room: 120 square feet. (2) In computing floor area, only the space within the dwelling unit used exclusively for living purposes shall be considered. Halls, closets, stairways, bathrooms and lavatories are expressly excluded from this computation. 1. All stairways are to be contained within the building structure proper. J. Each dwelling unit shall have access to not fewer than two egresses remote from each other and so arranged that to reach one egress it will not be necessary to pass through a common corridor or hallway which serves the other egress. The term "egress" is as defined in § 101.0 of the Department of Public Safety, Board of Standards, Building Code. K. Parking space shall be provided at the rate af two spaces for each family dwelling unit. Each space shall contain a minimum of 200 square feel and shall be located at least 25 feet from any principal building, except that if garage parking is to be located within the building, it must comply with the rules and regulations governing construction of garages contained in Form FPR-4 of the Massachusetts Department of Public Safety, Board of Fire Prevention Regulations. L. There shall be no provision for parking on roadways, drives or streets. M. The. balance of the lot not used for buildings, roadways, streets or parking areas shall be suitably planted and landscaped and maintained. N. Space contained in apartment units or garden-type apartment units shall not be used, rented or leased for any commercial or business uses. O. The plans for any such apartment or garden-type apartment shall be submitted to the Planning Board for its approval as to site layout, provisions for handling vehicular traffic fl ow, parking area and landscaping before a building permit is issued. 180:24 OS-lS-21J()(j • • Proposed Zone Change Submission by Applicant • • Tax Card Information Unofficial Property Recor." • Page 1 of 1 Unofficial Property Record Card -Agawam, MA ParcellO F106 18 Prior Parcel 10 6810-- General Property Data Account Number Property Owner SMITH ELLSWORTH W Property Location 1004 SPRINGFIELD ST Property Use ONE FAM Mailing Address 236 SOUTH WESTFIELD ST Most Recent Sale Date 10123/2013 Legal Reference 20070-33 City FEEDING HILLS Grantor SMITH ELLSWORTH W.TRUSTEE Sale Price 100 Zip 01030·2730 Mailing State MA ParcelZoning BA Land Area 2.000 acres Card 1 Value Building 38 700 Value ' Building Slyle OLD STYLE # of living Units 1 Year Built 1920 Building Grade AVERAGE Building Condition Fair Finished Area (SF) 1038 N umber Rooms 5 # of 3/4 Baths 0 Current Property Assessment Xtra Features 7 200 Value' Land Value 89,000 Building Description Foundation Type MASONRY Frame Type WOOD Roof Structure GABLE Roof Cover ASPHALT Siding ASPHALT Interior Walls PLASTER 'If. of Bedrooms 2 __ of 1/2 Baths 1 Legal Description Narrative Description of Property Total Value 134,900 Flooring Type HARDWOOD Basement Floor NJA Heating Type FORCED HlA Heating Fuel GAS Air Conditioning 0% # of Bsmt Garages 0 ,. of Full Baths 1 # of Other Fixtures 0 This property contains 2.000 acres of land mainly classified as ONE FAM with a(n) OLD STYLE style building, built about 1920, having ASPHALT exterior and ASPHALT roof cover, with 1 unites), 5 room(s), 2 bedroom(s), 1 bath(s), 1 half bath(s). Property Images Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. http://agawam.patriotproperties. com/RecordCard.asp 11116/2015 •• • Zone Change -1004 Springfield Street Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 TO: AGAWAM PLANNING BOARD FROM: OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change -1004 Springfield Street -Agriculture and Business A to Residence A-3 DATE: November 12, 2015 On October 26, 2015, the Town received a request for a zone change for a parcel of land located at 1004 Springfield Street from Business A and Agriculture to Residence A-3. The property is presently owned by Ellsworth Smith and is 2 acres. The property has 346 feet of frontage on Springfield Street. The Planning Office has conducted a review of this proposal and submits this report for your information. Also attached is a copy of the plan submitted by the applicant showing the proposed zoning map change, a copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information. Land Use and Zoning As stated above, the property for which the zone change is being requested is zoned Agriculture and Business A. A copy of the zoning map for this area has been attached. Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of the Zoning Ordinance which is attached.) • Any use permitted in a Residence A-I District or A-2 District. • Farms, dairies, nurseries, truck gardens, greenhouses and natural ice harvesting activities and buildings or structures accessory thereto. 1 • • Zone Change -1004 Springfield Street • 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. • 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. • Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. Under the present Business A the following uses are allowed: (Please refer to 180-44 of the Zoning Ordinance which is attached.) A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. F. Cabins, iflicensed under MGL c. 140, § 32A to 32E, inclusive. G. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-I J. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1] H. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § 180-1 J.[Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] If the zoning is changed from Business A and Agriculture to Residence A-3, the following uses would be allowed: (please refer to § 180-29 of the Zoning Ordinance which is attached): 2 • • Zone Change -1004 Springfield Street • . .. no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto ... Environmental Considerations The site is 2 acres and contains a single family home built around 1920. Referring to The Soil Survey of Hampden County, Massachusetts, Central Part, prepared by the United States Department of Agriculture, the property consists primarily of Hinkley loamy sand. Other Considerations If the property was rezoned to Residence A-3, a maximum of eight units per acre would be allowed. As such, the proposed development plan may result in as many as 16 units. 3 • • PARCEL MAP • / ... " ..-\\ ,/ , / " ~ .' /, " ;,....;l ,. \ I ~ '. '. _. - .. :; " :.J [j ..J ;-• , .. -. '; -,/. /' -., , , J .' • ; • ~ , ~ "'u,.t.. .. , ~ • /; I J .. I. ..:" • , " ( / • , '. • " .. c.,..J ' .. , , J ) , .'..;:1 , li, ~Q(,r ... :.J I _J I , , -- . - , ,,}." J " I , .J ' , .' , , , I' /1 ,':,l,.J -~ .J • -l _ ,:j .J' .,;. ..-I ' , . -j, '~..J' .. -... .J . .)' , ,. ;: l" ... . ' :. • . .\" j.J:..1 i ,.i . ~ t' .' or' '- ..J ' •• ..Jo ....! .' • .1 .-~ ....... , ",,~ I ~ • J .~ '. : .. 4, 1 .. i . ...... ,~ .... --,.; . .J .. ,_' .. J ~ .... .: .,Ji • ... .a .. • ...J" • • , ..:J J I j" : -J' , U' :-.,. ,1 " J ~IJ j ! .. " .. J' · ~ -I f..t .~ -1.' / :J' , J L , J .. ~ \ i j .... ~j , \.,~I ,I,-'J " '. .-J i ~ , :~ D' J:. j , , ; • I -..). " I / J .' .. ,.-1' j ,~ ,-j -...J • J I . Ij:.. .. Cl., ., '-' 0 ...... ," ~' ~ , ~ j' r • *' ., '-'. I ' .. ). ~ .' ~ , I ,: ! . -'I \ ;.'~ -j ..! ... " .' ... ~ .1 1 ~ , " . ... J _. I --i ' .. I .~I J' \ .J -.. -, • , i ;.J ~ ~ 3, ! • • \ -, ~. ;;"t.M1010fil O'l " " ; I .. l _~ L -I --d" " • J , 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 " L"--.-• .' ~ ~ 1004 Springfield Street 11/16/201511 :11:32AM ." -.0 , ® 1 :3384 1"=282' '. , . \ • • ZONING MAP i " , U .. " , , UlAC ' ... ~. " _SF ., 13 _If ". ... .. 12 IrmsF ",' .. I ' .. SF '" l7t~SF ~v~, ,~ , " I21UF ''" ~ .,' 3 ""'SF .r , • ~ .. •• • , , ~ 5 2 1U,C .tI" 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, .. 2 l«iO,F ,,," , I " " • .," " • , lSl2! SF • ! ,M 2 / • I _SF • m ." .> zoning -1004 Springfield Street 11/16/201511 :14:25 AM II~Sf ," • ' . 1 :1692 1"=141' j I u" ~ 141SO:$Sf • \., .. • 3 w.1IF , . ,. I 100 .. !IF ... '" • • • • • Agawam Zoning Ordinance Section 180-37 and 180-44 • • § 180-36 AGAWAM CODE § 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180-37. Permitted uses. ARTICLE VII Agricultural Districts In any Agricultural District as indicated on the Building Zone Map. no building or other structure shall be erected. altered or used and no land shall be used or occupied for a purpose except one or more of the following: A. Any use permitted in a Residence A-lor A-2 District. B. Farms. dairies. nurseries. truck gardens. greenhouses and natural. ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of 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-20ot-I] § 180-38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article. the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the side of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 OS· IS ·2006 1 I \ :" . ..; • • § 180-40 ZONING § 180-43 § 180·40. Yards. A. Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct .or air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. § 180·41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 180·42. Lot coverage. There shall be no lot coverage regulations in this district. § 180-43. Special use requirements. A. Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. c. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25% of the land shall be used for building purposes. Landscaped rest homes or convalescent homes, except those for contagious diseases, for the care of drug or liquor patients, for correctional purposes or for the care of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 05·15·2006 § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be pennitted with that portion of land covered by a clubhouse to be wned Business A. All golf courses must be on plots having a minimum of 75 acres. E. To assure that special use structures shall be reasonably attractive in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issued, nor shall an occupancy pennit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. § 180-44. Permitted uses. ARTICLE VllI Business A Districts In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected,. altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of .the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11-15-2004 by TOR-2004-17] E. A gasoline filling station, which shall include self-service gasoline filling or service stations, provided that not more than 30,000 gallons. of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of mOlar vehicles is permitted. [Amended 12-2-2002 by TR-2002-53] (1) For the public purpose to promote and protect the health, safety, and welfare of the • • § ISO-44 ZONING § IS0-45 traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam. (2) For the purpose of licensing gasoline service stations under the provlSlons of Massachusetts General Laws Chapter 14S, § 13, there shall be no more than 20 issued at anyone time, and no license shall be issued for a gasoline filling station located within 200 feet of a residence, school or church. F. (Reserved l' G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § ISO-II. At no time shall fewer than 50 parking spaces be provided on site. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1] (1) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam. (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter ISO, including the required number of spaces. In no event shall the Board of Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit from the Board of Appeals in conformance with § ISO-II. [Added 9-20-1997 by TOR-97-8] J. No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of the Town of Agawam. [Added 9-7-2004 by TOR-2004-5] § 180-45, Height regulations. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § ISO-44A shall not exceed the height permitted in Residence B Districts. 7. Editor's Note: Former Subsection F, which provided for open-air transient parking as a permitted use, was repealed 6·18·2001 by TOR·2007·6. 180:31 07·01 ·2008 § 180-46 AGAWAM CODE § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. § 180-48 D. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 180-44A shall comply with the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-6] B. Notwithstanding any other provision of this section, nO building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for ·residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. § 180-48. Permitted uses. ARTICLE IX Business B Districts In any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Except as otherwise provided in this article, any use permitted In a Residence, Agricultural or Business A District. B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business B Districts may be added thereto, altered or rebuilt. 180:32 07-01-2008 • • Agawam Zoning Ordinance Section 180-29 § 180-26 § 180-26. Yards. A. Side yards. • • ZONING § 180-29 (1) There shall be a side yard between a principal building and any side lot line which shall be 15 feet wide in its least dimension. (2) Detached garages or accessory buildings shall be placed at least five feet from the side lot line if located more than 65 feet from a street line. B. Rear yards. (I) There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be 20 feet deep in its least dimension. (2) One-story accessory buildings shall be placed at least five feet from the rear lot line, and one-and-one-half-story accessory buildings shall be placed at least 10 feet from the rear lot line. § 180·27. Lot size. No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet. § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. § 180·29. Use restrictions. ARTICLE IV Residence A-3 Districts In a Residence A-3 District as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions: A. Subdivision control will not apply except insofar as it applies to road construction, surface drainage and utilities. B. The project shall be located on a lot containing not less than two acres and contain not more than eight family dwelling units per acre of lot area. The building coverage shall not exceed 40% of the lot area. The minimum lot frontage on a street shall be 150 feet. C. No building shall be located nearer than 40 feet to a street line or other property line. D. There shall be a landscaped strip of not less than 15 feet in width appropriately planted with lawn, trees and shrubs adjacent and parallel to all property lines of the site. 180:23 05 -15 -2006 • • § 180-29 AGAWAM CODE § 180-29 E. There shall be a landscaped foundation strip of not less than 10 feet in width between each building and any roadway, drive or street. Such strip shall contain a six-foot-wide grassed and planted area and four-foot-wide sidewalk adjacent to any roadway, drive or street within the project. F. No building shall be more than two stories in height, exclusive of the basement. The basement shall not contain any living quarters. G. The minimum distance between any two buildings on the same lot shall in no case be less than 40 feet. H. Floor area. (I) No building shall contain more than eight family dwelling units, and no dwelling unit shall contain less than the following minimum floor areas: (a) One-bedroom units: 400 square feet. (b) Two-bedroom units: 600 square feet. (c) Each additional room: 120 square feet. (2) In computing floor area, only the space within the dwelling unit used exclusively . for living purposes shall be considered. Halls, closets, stairways, bathrooms and lavatories are expressly excluded from this computation. J. All stairways are to be contained within the building structure proper. J. Each dwelling unit shall have access to not fewer than two egresses remote from each other and so arranged that to reach one egress it will not be necessary to pass through a common corridor or hallway which serves the other egress. The term "egress" is as defined in § 101.0 of the Department of Public Safety, Board of Standards, Building Code. K. Parking space shall be provided at the rate of two spaces for each family dwelling unit. Each space shall contain a minimum of 200 square feet and shall be located at least 25 feet from any principal building, except that if garage parking is to be located within the building, it must comply with the rules and regulations governing construction of garages contained in Form FPR-4 of the Massachusetts Department of Public Safety, Board of Fire Prevention Regulations. L. There shall be no provision for parking on roadways, drives or streets. M. The. balance of the lot not used for buildings, roadways, streets or parking areas shall be suitably planted and landscaped and maintained. N. Space contained in apartment units or garden-type apartment units shall not be used, rented or leased for any commercial or business uses. O. The plans for any such apartment or garden-type apartment shall be submitted to the Planning Board for its approval as to site layout, provisions for handling vehicular traffic flow, parking area and landscaping before a building permit is issued. 180:24 05·15·2006 • • Proposed Zone Change Submission by Applicant s~sOl.pessew 'weme6v 61-9-01::1 01 I,,;:)./ed l33./lS PI"ll6u!"dS "001 39N'lfH:J 3NOZ a350dO~d ~~ N'Ifld i U •• !~I if h; 1 I~i · ~I I ~ !I! ~ • \ diH ~ • 1 l • ~ • • • Tax Card Information Unofficial Property Record C.-• Page 1 of 1 Unofficial Property Record Card -Agawam, MA ParcellO F106 18 Prior Parcel 10 6810 - General Property Data Account Number Property Owner SMITH ELLSWORTH W Property location 1004 SPRINGFIELD ST Property Use ONE FAM Mailing Address 236 SOUTH WESTFIELD ST Most Recent Sale Date 10/2312013 Legal Reference 20070-.33 City FEEDING HILLS Grantor SMITH ELLSWORTH W,TRUSTEE Sale Price 100 Mailing State MA ParcelZoning BA Card 1 Value Building 38 700 Value ' Building Style OLD STYLE # of living Units 1 Year Built 1920 Building Grade AVERAGE Building Condition Fair Finished Area (SF) 1088 Number Rooms 5 # of 3/4 Baths 0 Zip 01030·2730 Land Area 2.000 acres Current Property Assessment Xtra Features 7 200 Value I Land Value 89,000 Building Description Foundation Type MASONRY Frame Type WOOD Roof Structure GABLE Roof Cover ASPHALT Siding ASPHALT Interior Walls PLASTER # of Bedrooms 2 # of 1/2 Baths 1 Legal Description Narrative Description of Property Total Value 134,900 Flooring Type HARDWOOD Basement Floor NIA Heating Type FORCEO H/A Heating Fuel GAS Air Conditioning 0% # of Bsmt Garages 0 # of Full Baths 1 # of Other Fixtures 0 This property contains 2.000 acres of land mainly classified as ONE FAM with a(n) OLO STYLE style building, built about 1920, having ASPHALT exterior and ASPHALT roof cover, with 1 unit(sl. 5 room(s), 2 bedroom(s), 1 bath(s), 1 half bath(s). Property Images , • Disdaimer: This information is beHeved to be correct but is subject to change and is not warranteed. http ://agawam.patriotproperties.comlRecordCard.asp 1111612015 • AGAWAM POLICE DEPARTMENT SAFETY OFFICER To: Planning Board From: Sgt. Anthony Grasso Date: November 3rd, 2015 Re: Zone Change-l004 Springfield Street-Elias Mr. Paleologopoulos, I have reviewed the area located at 1004 Springfield Street for the proposed zone and I have also reviewed The Town Code for SS 180-29 Residence A-3 districts. I am confident the Agawam Planning Board with hold the owner of the land for development accountable under the stipulations for the Town Code 180-29. Therefore, I have no concerns at this time. RECE'VED NO'll 0 3 1JllS A.GAWAM PLANNING BOARD PRESIDENT . Christopher C John.son VICE PRESIDENT Dennis J. Perry COUNCILORS George Bilzas Cecilia P. Calabrese Paul C. Cavallo James p, Cichell( Gina M Leleliier Joseph Mineo Donald M Rheault Raberl E, Rossi Anthony R Suffiili ADMINISTRATIVE ASSISTANT Barbara A, Bard 0', o N .- TELEPrioNE (413) 72y716 U'> F..m (413) 726-97 J7 EMAIL bbard@agawam,ma,us • CP~ AGAWAM CITY COUNCIL ·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, December 7, 2015 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 Aziz Elias and R. Levesque Associates, Inc. on behalf of Ellsworth W. Smith, of Feeding Hills MA. for a proposed Zone Change Plan for 1004 Springfield Street, Agawam, MA. (parcel ID# FlO 6 18) The Zone Change request is to change the parcel from Agricultural and Business A to Residence A-3 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 11119/15 and 11126/15 PRESIDENT Christopher C. Johnson VICE PRESlDENT Dennis J Perry COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. ClJVa/lo James P. Cichetti Gina M Letellier Joseph Mineo Donald M Rheault Robert E. Rossi Anthony R. SufJriti ADMINISTRATIVE ASSISTANT Barbara A. Bard <0. • . TELEP!40NE (4/3) 72.e:,g7l6 "'" F~ (4J3) 726·9717 EMAIL bbard@agawam.ma.us •... ' (" .. AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM,MASSACHUSETIS 01001 LEGAL NOTICE LEGAL NOTICE PUBLIC HEARING AGAWAM CITY COUNCIL The Agawam City Council will hold a public hearing on Monday, December 7, 2015 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 Aziz Elias and R. Levesque Associates, Inc. on behalf of Ellsworth W. Smith, of Feeding Hills MA. for a proposed Zone Change Plan for 1004 Springfield Street, Agawam, MA. (parcel ID# FlO 6 18) The Zone Change request is to change the parcel from Agricultural and Business A to Residence A-3 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 houTs 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 11/19/15 and 11126115 PRESfDENT . Christopher C. Johnson VICE PRESIDENT Dennis J. Perry COUNCILORS Gearge BUzas Cecilia P. Calabrese Paul C. Cavallo James P. Cichetli Gina M Lelellier Joseph Mineo Donald M Rheault Robert E. Rossi Anthony R. SuJfriti ADMINISTRATIVE ASSISTANT Barbara A. Bard TELEPHONE (41 3) 726-9716 FAX (413) 726-9717 EMAIL bbard@agawam.ma.us ~GAWAM CIT/COUNCIL 36MAIN STREET AGAWAM,MASSACHUSETTS 01001 November 5, 2015 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re : ZC-201S-1 Dear Members of the Agawam Planning Board: The Agawam City Council bas referred the following item to the Agawam Planning Board for you to hold a public hearing (suggest November 19, 2015) and make a recommendation. The City Council will hoid their public hearing on the same on December 7, 2015. • ZC-20J 5-J (PH-20J 5:3) -Peiilion for Zone Change by Aziz Elias for property located at J 004 Springfield Street from Business A and Agricultural District to Residence A-3 District If you have any questions, please do not hesitate to contact me. Christopher C. Johnson, Presidfrl Agawam City Council . CCJlbb cc: Full Council Mayor Solicitor Planning • c AGAWAM POLICE DEPARTMENT SAFETY OFFICER To: Planning Board From: Sgt. Anthony Grasso Date: November 3,d, 2015 Re: Zone Change-1004 Springfield Street-Elias Mr. Paleologopoulos, I have reviewed the area located at 1004 Springfield Street for the proposed zone and I have also reviewed The Town Code for SS 180-29 Residence A-3 districts. I am confident the Agawam Planning Board with hold the owner of the land for development accountable under the stipulations for the Town Code 180-29. Therefore, I have no concerns at this time. RECEIVED NOV 03 '1.0\) AGA\JVAM PLANNING BOARD Page 8 AGAWAM ADVERnSER NEWS I November 5, 2015 Youth'"----------~_ Cultural Council writing contest is open The Agawam Cultural Council is ac- cepting entries in the sixth annual vVriting Competition for all school-age children in the town of Agawam. A special presenta- tion for the winners wHl be held March 8 at the Agawam Public Library. The theme of the writing competjtion is "Courage/Bravery: Facing Fear -How Did You Do It?" Students are asked to \'Ilfite about get- ting up in front of the class Ol' audience to give a speech or book report, facing up to a fear of dogs, facing the school bully, admit- ting to something they did wrong, starting at a new school with no friends. facing up to social pressures or other examples of courage or bravery. Students in different grades are asked to v.'Tite in different formats: Kindergar- ten and grade J, art poster; grades 2 and 3, paragraph; grade 4, poem; grades 5 and 6, composition; grades'7 and 8, 500-plus word composition; high school, 750-plus word composition. Entries will be accepted through Dec. 15. For information on how to format and where to send entries, pick up a flyer from the Agawam Public Library or visit aga- wamcc.orgfhtmlf'<VritingComp.htm. Previously published poems or short stories from other contests will not be ac- cepted. The following prizes ,,,,ill be award- ed in each category receiving six or more entries: first place, $50; second, $25; third, $15. "Vinning entries may be considered for publication in town papers, and at agm",Tamcc.org, unless the recipient of the award specifIcally declines publication in this manner. A special recognition event \-vill be held March 8 at the Agawam Public Library. Awards 'will be distributed and the authors presented to the public at 7 p.m. School Lunch AGAWAM HIGH SCHOOL The Agawam High School lunch menu is posted on the school's website. AGAWAM JUNIOR HIGH SCHOOL ROBERTA G, DOERING SCHOOL AGAWAM ELEMENTARY SCHOOLS Monday, Nov, 9: Chicken nuggets with dipping sauce, steamed white rice, seasoned carrots, fresh and chilled fruit. Tuesday, Nov, 10; french toast sticils, pork sau- sage, hash browns, fresh and chilled frurt. Wednesday, Nov, 11: Veterans Day No school. Thursday, Nov. 12: Cheeseburger on a whole- wheat roU with lettuce and tomatoes, French fries, fresh and chilled frUIt. Friday, Nov. 13': Personal cheese pizza, salad with light dressing, fresh and chilled fruit, baked cookie. ELEMENTARY BREAKFAST MENU Monday, Nov, 9; Assorted iow-sugar cereal, 1 per- cent low-fat milk, cinnamon graham crackers, mozzarella cheese string, juice. Tuesday, Nov.l0: Assorted low-sugar cereal, 1 percent low-fat milk, assorted nutrJ-grain bars, mozzarella cheese string, juice. wednesday, Nov, 11: Veterans Day. No school, Thursday, Nov. 12': Assorted low-sugar cereal, 1 percent low-fat milk, assorted Trix yogurt, mOl- zarella cheese string, juice. Friday, Nov. 13: Pillsbury mini pancakes with syrup for dipping, mozzarella cheese string, 1 percent low-fat milk, iuice WINTER INVENTORY REDUCTION PRICING GOING ON NOW! GET AHEAD OF WINTER SNOW & ICE! Youth programs, advisory boards forming at library This fall, the Agawam Public Library is expanding its programs for students in grades 6-12. Some samples of the programs being offered this November are Board Game Afternoon for students in grades 9- 12 on Thursday, Nov. 5, from 2:30 to 3:30 p.m., and Marshmallow Tower Challenge for students in grades 6-8 on Thursday, Nov. 19, from 4 to 4:45 p.m. For information on more programs, visit v..-ww.agawamlibrary. org, Also, students in grades 6-12 have a chance to take an active role in chOOSing the programs offered at the library and helping to select books and movies for the library. Students in grades 6-8 can join the "Dream Team" and make the Agawam Pub- lic Library the library of their dreams. The first meeting will be Tuesday, Nov. 10, from 4 to 4:4a p.m. Students in grades 9-12 can join the uTeen Advisory Board~ The first meeting of this group v .. rill be \Vednesday, Nov. 18, from 2:30 to 3:30 p.m. Registration is not required for either group, For more information, contact Pamela Weingart, children's librarian, at 413-726- 2864 or email pweingart@agawamlibrary. org. Pictured from teft are Keny Kennedy, Robinson Park School librarian assistant; Jennifer Green, Robinson Park School librarian; Pamela Weingart, Agawam Public Library children's librarian; and MarCia Capuano, preSident, Friends of the Agawam Public library, SUBMllTEO PHOTO Robinson Park School earns top reading prize The Agawam Public. Library present- ed a check for $200 to the Robinson Park School on Oct, 28 as part of the 20J5 Summer Reading Program at the li~ brary. During this program, students in Agal\o'Um entering kindergarten through grade 4 who read for 20 minutes a day for CUSTOMER APPRECIATION DAY Saturday, November 28th is the day to mark on your calendar. Choice Health is holding our First Annual Customer Appreciation Day. We are offering many opportunities for customers to win raffles, experience acupuncture, try samples and ask questions. More impor- tantly, Choice Health is giving 20% off EVERTIllNG (retail and sale prices) the entire day from 10 a.m, -6 p.m, We are also giving very special Choice Health reusable shopping bags for 25 days earned a credit for their school. 1he elementary school that received the most credits won $200 fOf its library. The other three schools each won $100. Prizes were funded by the Friends of the Agawam Public Library. each customer who purchas- es $50 or over in products, We want to thank everyone who has supported us during our time of transition. We are all trying velY hard to keep the store just the way Doug would like it but adding some interesting new prod- ucts, Head out early Black Friday but save some energy and money for Choice Health's CUSTOMER APPRECIATION DAY! By: Snellen Duga November 5. 2015 I AGAWAM ADVERTISER NEWS I Page 7 LegalsL--. ____ _ The Agawam Police Oepat1ment fesponliOO to 310 calls for service ~om Oct. 27 to Nov. 2. The Iilpat1ment made to arrests. Those arrested will a{J(Jliilr at a future date in Westfield District Cout1 and are innocent until P«lven guilty. Wednesday. Oct. 28 Juan ca~os 8entancourt. 40. 01 .72 Charter oak Drive. was arrested on charges of open and gross lewd- ness and violation of open container to'lYn ordinance. Thursday, Det ~ Lynn M. Lalteclle, 59. of 43 Rochester St.. ChicOpee, was arrested ()() charges of forgery of a docurrent and uttering a false document. Friday, Oct. 30 . Michael J. Legros, 41. ot 20 Haskell St .. Agawam. was arrested 00 charges of operating under !he influ- ence of liqtHlr. dwderly conduct. res~ting arrest. and negligent operation of a rootor veh~le, Tile Agawam FIffI Department responded to 75 EMS calls from Oct. 27 to No. 3. and the foltoWing emer- gency responSe calls. On Oct. 27 at 2:38 p.m .. Ihe department responded to castle Hills Road tor spfinkler a::tivation. no fire -un- intentionaL On Oct. 28 at 8:48 a.m .• !he departmenl responded to Suffield Street for alarm system a::tivation. no lire -unintentional. On Oct. 28 at 4:48 p.m .• the department responded to Main Street lor motor vehicle accident wilh no inju- ries. On Oct. 28 at 7:37 p.m .. the department responded to Carmen Avenue fOf alarm system sounded due to malfunction. On Oct. 29 at 8:51 a.m .• the department responded to LOSito Lane lor heat detector activatioo We to mal· function, On Oct. 29 at 10:01 a.m .• the' department responded to Cooper Street lor smoke detector actNation, no fire -unintentional: On Oct.' 30 at 8:44 a.m .• the department responded to Main Street for alarm s~tem activation. no fire -un- IntentioOaf. On Oct. 36 at 1 :30 p.m .. the department responded to Spnngfield Street tor iocI<out. On Oct. 30 at 8:51 p.m .• the department responded to Main Street lor alarm system sounded due to mal- lunctioo, . On Oct. 31 at 12:30 p.m., the department responded Kodi Palrik Kelly. 24. of 507 Fran~in Street Ext .• Aga- wam. was arrested on a slraighl warrant lor failure to appear. Two male juveniles ~om Springfield were arresled on charges of receMng stolen property over $250. Saturday. Oct. 31 Dayna Haague. 47. of 775 Springfiekl Sf .• Apt. 60. Agawam, was arrested on ~'" delau~ warrants. Sooday Nov. 1 Earl M. Bunnel. 57. of 99 Hudson St .. Springfield. was arrested on a defautt warrant. Monday, Nov. 2 '. Chase R. Sardella, 28. 0159 Chestnut Lane, Agawam. was arrested OIl charges of possession to distribute a Class 8 drl.\) and possession of a Class 8 drug. PatrICia C~ulier. 30. of 51 Hope Farms Drive. Aga· wam, was arrested on a charge of possession 01 a Class B drug subsequenl offense. to Parkview Drive lor smoI<e detector activation due to malfunctioo . On Oct. 31 at 3:23 p.m .• !he depaI1ment responded to Barry Street for rootor vehicle accident wilh no in- jLries. On Oct. 31 at 9:15 p.m., the department responded fo Soulh West Street for motor vehicle accident wilh no injuries. On Oct. 31 at 2:57 p.m .• Ihe department responded to Suffield Street to assist invalid. On Nov. 1 at 3:35 p.m .• the department responded to Cooley Street to assist invalid. On Nov. 2 at 7:19 a.m. the department responded to Main Street lor lockout On Nov. 2 at 8:32 a.m .• the depaI1ment responded to Pheasant Run Court lor alarm system sounded due to malfunction. On Nov. 2 at 12:57 p.m .. the department rnsponded to .Garden Street for alarm system activatioo. no fire -unintentional. On Nov, 2 at 4:47 p.m .• the department responded to Sulfteld Street for 1oc1<out. On Nov. 2 al 5:39 p.m .• the department responded to Route 57 East lor rootOf vehicle accident with no in· junes. On Nov. 2 at to:47 p.m .. the department to MeaOOw- brooll Manor to ass~t invalid. On Nov. 3 at 2:23 a.m .• the def)artmeni respooded to River Road lor p<jJI~ service. ~The .~ ~ Strain Family ~ ;~~~~~~d~!u~~~ www.strainfamilyequestrlan.com Boarding • Lessons • Training • Sales • Leasing Walk-Ins Welcome Gift Certificates Available LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD . The Agawam Planning Board will hold a public hear- ing on Thursday, Nm:ember 19, 2015 at 6:30 PM in the Agawam Public Library, 750 Cooper Street. Agawam, MA. The purpose of this hearing will be 10 hear the petition of Elias on a lone change request for -property at 1004 Springfield Street from Business A and Agricultural to Residence A·3. A copy of the request 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. Chainnan Agawam Planning Board 11/5.11112115 Commonwealth of Massachusetts The Trial Court Probate and Famlly Court Hampden Division 50 State Street Springlleld, MA 01103 (413)748-8600 Docket No. HDl5P0577EA Estate of: Andrew Kirkland Keir Also Known As: Andrew Keir Date of Death: August I . 2014 INFORMAL PROBATE PUBLICATION NOTICE To all ~rsons inlerested . in the above captioned est- ale, by Petition of Petitioner AUce A. Angelo of Agawam English & Western Riding Lessons Available Therapeutic Riding for Individuals with Di~billtJes IJ (413) 569·5797 Tues.-Sat. 9:30am-7pm, Sun. 12pm-5pm, CfosedMon: 360 N: Westfield Street, Unit 3, Feeding Hills, MA 01030 413-363-9609 NOTICE ERRORS: Each advertis- er is requested to check their advertisement the first time it appear>. This paper will not be responsible for more than one rorrected in- sertion, nor will be li- able for an)' error in an advertisement to a greater extent than the cost of the space occu- pied by the ite m in the advertisement. MA, a Will has been admit- ted IO infonnal probate. Alice A . Angelo of' Agawam MA has been informally appointed as Ihe Personal Representative of the estate to serve wi thout surety on ~he bond. The estale is being administered under informal procedure by the Personal Re presentative unde r the Massachusetts Uniform Pro- bate Code without supervi· sion by the Cpurt. Inventory and accounts are not required 10 be filed with the Court, but interested parties are entitled to notice. regard- ing the administration from the Personal Representative and can petition the Court in any matter relating to the estate, inc1uding distribu- tion of assets and expenses of administration. Interested parties are entitled to petition the Court to institute formal proceedings and to obtain orders tenninating or restrict- ing Ihe powers of Per.sonal Representatives ~ppointed under informal procedure. A -copy of the Petition and Will, if any, can be obtainoo from the Petitioner. 1lI5/15 Commonwealth of Massachusetts The Trial Coor1 Probate and Famlly Court Hampden Division 50 State Street Springfield, MA OJl03 (413)748-8600 Docket No. HDl5P210lEA Estate of: Austin R. Woodard, Jr. Date or Death: September 30, 2015 INFORMAL PROBATE PUBLICATION NOTICE To all persons interested in the above captioned est- ate. by Petition of Petitioner Jeffrey Woodard of Mesa AZ: Jeffrey Woodard of Mesa AZ has been infonnal- Iy appointed as the Personal Representative of the estate to serve without surety on the bond. The estate i!; being administered under infonnal procedure by the Personal Representative under the Massachusetts Uniform Pro- bate Code without supervi- sion by the Coun. Inventory and accounts are not required to be filed wi th the Court, but interested parties are entitled to notice regard- ing the administration from tbe Personal Representative and can pelition the Court in any matter relating to the estate. including distribu- tion of assets and expenses of administration. Interested parties are entitled to petition the Court to institute 'fonnal proceedings and to obtain orders tenninatingor restrict- ing the powers of Personal Representatives appointed under infonnaJ procedure. A copy of the Petition and Will. if any, can be obtained from the Petitioner. 1115115 Please check the accuracy of your legal notice prior to submis- sion (i.e., date, time, spelling). Also, be sure the requested publication date coi~cides with the purpose of the notice, or as the law demands. Thank you. MOO-UCIOUS FARM Fresh Baked Pies Order EarJyfor the HoJidal'$ Soup & Sandwich· Specials from 11-2 Indoor Seating 258 Feeding Hills Rd. '~~~ Southwick t:; • Town of Agawam 36 Main Street Agawam, Massachusetts 01001·1801 Tel. 413·786·0400 Fax 413·786·9927 November 2, 2015 Dear Abutter: Aziz Elias has submitted to the Town a zone change request for property known as 1004 Springfield Street. The property is currently zoned Agriculture and Business A. The request is to rezone the property Residence A-3. The Assessor's 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, November 19, 2015 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. s~ Mark R. Paleologopoulos, Chainnan AGA WAM PLANNING BOARD MRP:prk • • . 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: October29,2015 SUBJECT: Zone Change-1004 Springfield Street -Elias Tbe Planning Board will be holding its public bearing on a Zone Change request by Elias for property located It 1004 Springfield Street on Thursday, November 19,2015. The property is currently zoned Agriculture and Business A. The request is to zone the parcel Residence A-3. We would appreciate any comments you may have prior to this hearing. Mark R. Paleologopoulos, Chairman AGAWAM PLANNlNG BOARD FlO 6 II TOWN OF AGAWAM 36 MAIN ST AGAWAM, MA 01001-1825 FlO 5 I HILLSIDE DEVELOPMENT CORP 267 HILLSIDE RD SOUTHWICK, MA 0 I 077 FII 65 DINTZNER MARK R 970 SPFLD ST PO BOX 33 FEEDING HILLS, MA 01030- FJ0615 YAGER CHRISTOPHER A 1030 SPRINGFIELD ST FEEDING HILLS, MA 01030 FJ046 SLAIMEN GAIL J 26 HENRY ST FEEDING HILLS, MA 01030- FlO 4 5 GRAYSUSANM 34 HENRY ST FEEDING HILLS, MA 01030 FlO 6 19 BONA VITA SERGIO 1026 SPRINGFIELD ST FEEDING HILLS, MA 01030 FlO 616 BONA VITA SERGIO 1026 SPRINGFIELD ST FEEDING HILLS, MA 01030 FlO 5 4 HILLSIDE DEVELOPMENT CORP 267 HILLSIDE RD SOUTHWICK, MA 01077 • Fll 63 DINTZNER MARK R 960 SPFLD. ST P.O. BOX 33 FEEDING HILLS, MA 01030- FII 62 DINTZNER MARK R 976 SPRINGFIELD ST FEEDING HILLS, MA 0 I 030- FlO 4 7 SLAIMEN THERESA 41 POPLARST FEEDING HILLS, MA 01030- FlO 614 YAGER CHRISTOPHER 1030 SPRINGFIELD ST FEEDING HILLS, MA 01030 FlO 6 20 SMITH ELLSWORTH W 236 SOUTH WESTFIELD ST FEEDING HILLS, MA 01030 FI049 JOHNSON ROBERT F 63 POPLAR ST FEEDING HILLS, MA 01030- FlO 5 2 CHABOT + PARRELLI REALTY INC 36 RAMAH CR NORTH AGAWAM, MA 01001 FI0612 KMR REALTY TRUST 1040 SPRINGFIELD ST FEEDING HILLS, MA 01030 • FI! 64 DINTZNER MARK R+ 960 SPFLD. ST P.O. BOX 33 FEEDING HILLS, MA 01030- FII 6 1 GOVONI VINCENT R 982 SPRINGFIELD ST FEEDING HILLS, MA 01030- FlO 618 SMITH ELLSWORTH W 236 SOUTH WESTFIELD ST FEEDING HILLS, MA 01030- FI04!1 BUSH BARBARA E 57 POPLAR ST FEEDING HILLS, MA 01030 FlO 4 8 BUSH BARBARA E 57 POPLARST FEEDING HILLS, MA 01030 F10613 BONAVITA SERGIO 1026 SPRINGFIELD ST FEEDING HILLS, MA 01030 FlO 4 10 DECHRISTOPHER THOMAS 73 POPLAR ST FEEDING HILLS, MA 01030 FlO 5 3 I\ilALKOOfJ Pl'Ub Jj;, TRST~£' 1039 SPRINGFIELD ST FEEDING HILLS, MA 01030 /Tn-t/..J /'"I '-/ _ J...L;.. -fV17 /h. b (JI 5 e:. , From: LETTE~FTRANSMITTAL R LEVESQUE ASSOCIATES1 INC. Date: .... 27,2015 A Land Planning Services Company t No: 1 "V/.<V www.rlaland.com t Name: Aziz ~t:. 7. ,.., 40 School Street, P.O. Box 640, Westfield, MA 01086 RE: I Mop 413-568-0985 (0) 413 -568-0986 (F) To: Town of hlowom Planning Boord 36 Main Street Agawom, MA 0l00l Attention: Pam Kerr We Are Transmitting to You: o Under Separate Cover VIA 0 Attached [8] Plans 0 Approval of Subcontractor 0 Copy of Letter o Specifications 0 Order on Contract 0 Photographs o Report 0 Original Drawings 0 Proposal o Form [8] Other lone Ma~ Amendment DWf: of Co ,;. -e Description Date 17 7nn;n'1 Mop These are Transmitted as Noted Below: IZI For Approval 0 Approved as Suhmitted o Resubmit __ Copies for Approval o For Information 0 Approved as Noted o Resubmit __ Copies for Distribution IZI For Action 0 For Corrections o Return Corrected Prints lSI As Requested 0 For Review and Comments 0 Remarks: Hi Pam, ~Ieose contact me with on)' guestians )'OU ma)' have. 0 f' ... ., I rv ~ .!j "" (~Ulvh ~ 0 U By: Paulo GeddisfJ . r Note: If Enclosures are not as noted, please notify us at once. • LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD • The Agawam Planning Board will hold a public hearing on Thursday, November 19,2015 at 6:30 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose ofthis hearing will be to hear the petition of Elias on a zone change request for property at 1004 Springfield Street from Business A and Agricultural to Residence A-3. A copy of the request 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 11/5/IS & 11 /12/15) Cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Dept. of Housing & Community Development, Boston Pamela Kerr From: Sent: To: Ce: Subject: • Pamela Kerr Monday, October 26, 2015 10:41 AM 'Paula Gedd is' barbara bard zone change -Springfield Street • Hi Paula -I received copies of the zone change for 1004 Springfield Street from Barbara Bard, City Council Administrative Assistant. I need to get additional copies of the bound document that was submitted. This item has to go on a Team Meeting agenda and I also need to have a copy for each Planning Board member. I will need 17 copies (of the report only). I believe Barb may need additional copies as well. I've ccd her on this email so that you can check with her on how many she will need. Thank you Paula!! Pam 1 • • . INTEROFFICE MEMORANDUM TO: PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE FOR 1004 SPRINGFIELD STREET, AGAWAM DATE: 10/22/2015 This office is in receipt of the attached petition (copies included) for a Zone Change for 1004 Springfield Street, Agawam, MA, as submitted by R. Levesque Associates, Inc. on behalf of Aziz Elias, changing the existing zoning to . Residence A-3. Please contact me so we can coordinate our public hearing dates. Thank you! cc: Full Council, Mayor, Solicitor OCT 2 6 :.015 p AGA\;;. '(/ LANNlt-.J G ~OAnO PLANNING BOARD TOWN OF AGAWAM . 36 MAIN STREET AGAWAM, MAOlOOl FlO 6 14 (.," 061 fENOV'1 5 H 4 2 t YAGER CHRISTOPHER 1030 SPR1NGFiELD ST FEEDlNG HILLS, MA 01030 NI XI E 0 6 1 N7E 1 0 0 9 lS I O~11!09 /1S RETURN TO SENDER NO T DELI VER AB L E AS ADDRESS ED UN AB LE TO ~O R W AR O Be: CH0011S3799 *1 74 4 -86 96 1 -0 9 -42 •• 11,1 1,1 , lid ,II Il, 1 "''''' 'IHl lj l,h,i,l ... ,lH .. ,ll'.,~~,hlhH -. 1 l H II I I I fI I 'l J ~ l U i:,: ·'i ~:I). 1 I ,j i~ Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 2, 2015 Dear Abutter: Aziz Elias has submitted to the Town a zone change request for property known as 1004 Springfield Street. The property is currently zoned Agriculture and BusinessA. The request is to rezone the property Residence A -3. The Assessor's 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, November 19,2015 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 MRP:prk PLANNING BOARD TOWN OF AGAWAM . 36 MAIN STREET AGAWAM, MAOIOOl FlO 615 htt:~f,n-:,fiC;fi;£i} CY t'i>~i . f~) ,:~~~l,~f ~_J5 YAGER CHRISTOPHER A 1030 SPRINGFIELD ST FEEDING HILLS, MA O! 030 NIXIE 06~ N7E .1.009 .. ~SI00~1./09/1.5 RETURN TO SENDf:R NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD Be: 01.001.1.83799 *1.844-00849-09-44 t i \ 11 if ,j tIl ii f Iii f i. \ t l~ fBI I! It I i II i I til, t 1111 i! 11tfi t ill1 J j~t! I •• t't'II"" ~j • ';t'_li 'l' I.l', ~ 'j U'~11 [ I , Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 November 2, 2015 Dear Abutter: Aziz Elias has submitted to the Town a zone change request for property known as 1004 Springfield Street. The property is currently zoned Agriculture and Business A. The request is to rezone the property Residence A-3. The Assessor's 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, November 19, 2015 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 MRP:prk The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. 11/19/20159:36:11 AM eN 1 :1692 1"=141' I I I I I I I I I I Zoning Map Amendment Application & Supporting Documents 1004 Springfield Street, Agawam, MA (Parcel FlO 6 18) Applicant: Aziz Elias P.O. Box 1242 Agawam, MA Owner: Ellsworth W. Smith 236 South Westfield Street Feeding Hills, MA 01030-2730 RIA Project File : 150720 RECEIVED OCT 2 6 2015' AGAWAM PLANNING BOARD I I I I I I I R LEV'ESQUE ASSOCIATES, INC I A LAND PLANNING SERVICES COMPANY 40 School Street, Westfield, MA 01085 p 413.568,0985 ' f 413.568,0986 ' www.rlaland.com I I I I I I I I I I I I I I I I I I I I TITLE PAGE TABLE OF CONTENTS ZONING MAP AMENDMENT 1004 SPRINGFIELD STREET AGAWAM, MA 01 001 (PARCEL FlO 6 18) SECTION PETITION FOR ZONING CHANGE LEITER ................................................ 1 PRESENT ZONING MAP .................................................................... 2 DEED ....................................................................................... 3 COpy OF FILING FEE CHECK ............................................................ .4 ApPENDiX ....................................................................................... 5 PROPOSED ZONING CHANGE PLAN, PROPOSED SITE LAYOUT PLAN, PREPARED FORAzIZ ELIAS BY R LEVESQUE ASSOCIATES, INC., DATED 9/24/15 I I I I I I I I I I I I I I I I I I I SECTION 1 PETITION FOR ZONING CHANGE LETTER I I I I I I I I I I I I I I I I I I I R LEVESQUE ASSOCIATES, INC. 40 School Street . WEstfield. MA 010S5 P 413.568.0985 f 413.568 .0986 . www.rlaland.com Odober 8,2015 Mr. Christopher Johnson, Council President Agawam City Council 36 Main Street Agawam, MA 01001 RE: Petition for Zone Change 1004 Springfield Street (Parcel FlO 6 18) RLA Project #150720 Dear Council President Johnson & Town Council Members: On behalf of the Applicant, Aziz Elias, please find the required number of copies of a Petition for Zone Change for the requested parcel: 1004 Springfield Street (Parcel FlO 618). Property Designation: The subjed property is known as parcel F10 6 18 on the Agawam Assessors Mopping. The parcel address is 1004 Springfield Street, Agawam, MA. The subjed property falls within two zoning distrids: Business A and Agricultural. The majority of the western portion is zoned Agricultural. A small area of the eastern, front portion is zoned Business A. Zoning Mop Amendment (Zone Change) Sought: The petitioner seeks on amendment (Zone Change) to the Town of Agawam Zoning Map for parcel FlO 6 18 and, as set forth in sedion 180-23 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel to be rezoned to Residence A-3. Reason for the Zoning Mop Amendment: The aforementioned Zone Change is being requested to allow for residential strudures to be construded within the subjed property. By granting the of ore mentioned zone change, the Council will be allowing the applicant to pursue on economically viable projed. Argument: a. Fads to support a finding that the Zone Change will be desirable and without substantial detriment to the A LAND PLANNING SERVICES COMPANY I I I I I I I I I I I I I I I I I public good: 1. Please see the atttxhed Preliminary Site Plan of the proposed project. Said Pion illustrates the chorac.ter of the proposed project. 2. The subject site is well suited for residential uses. The required town services ore all ovoilable at the property frontage. 3. The surrounding properties on tne north, west, and south are residential uses and on the east contain business uses. Petitioner (Owner): Oi'4U/c"z>( -LJ, .~ Ellsworth W. Smith Understanding the aforementioned, the Zoning Map Amendment (Zone Change) requested herein is not de1rimema\ to the public good, ond does not substantially derogate from the in1ent of and purpose of said Zoning Ordinance. Based on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant the aforementioned Zoning Map Amendment under the T CM'fl of Agawam Zoning Or'dinance Section 180-23 allowing '!he entirety of the subject property to be zonecl Residence A3. A PDF copy of the Petition for Zoning Amendment has been sent via email to1he Agawam City Council office. We herein request to be placed on the City Council's next available agenda. Should you hove any questions or c:omments regarding this application, pleose do not hesitate fa contact our oRice at YOllT earliest convenience. Sincerely, RlfYESQ~l7~ ROb.~ue, RLA,ASLA President cc: Ariz Elias Ellsworth W. Smith I I I I I I I I I I I I I I I I I I I SECTION 2 PRESENT ZONING MAp I I I I I I I I I I I I I I I I I I I 1 • Agrlcdlllral • , The information depicted on this map is for planning purposes only. It is not adequate for legal boundary definition, regulatory interpretation, or parcel-level analyses. -~--- • • 9/15/20153:53:13 PM -- • •. , -----~ ---------~~ -----;. .... J,J J J ® 1 :2256 1"=188' I I I I I I I I I I I I I I I II I I I SECTION 3 DEED I I I I I I I I I I I I I I I I I I I ~ ~ ~ 00 «: if II (/) "0 " 'lib " ·c p. '" -0 0 V cG Bk 20070 P931 +68067 10-23-2013 a 03'~7p Above for Registry Use Only OUITCLAIM DEED I, ELLSWORTH W. SMITH. Truste~ of the ELLSWORTH W. SMITH FAMILY TRUST dated September 13,2000, of236 South Westfield Street, Agawam, Massachusetts, for consideration paid of less than ONE HUNDRED and 00/100 ($100.00) DOLLARS grant to ELLSWORTH W. SMITH of236 South Westfield Street, Agawam, Massachusetts with QUITCLAIM COVENANTS The land in said Agawam, bounded and described as follows: Beginning at an iron pin located in the NORTHWESTERLY line of Springfield Street, said point of beginning being forty (40) feet from an iron pin at the SOUTHEASTERLY corner ofland of one A. Leporati, thence N. 53 33' W two hundred forty-seven and 771100 (247.77) reet to the iron pin, then turrling an interior angle of 101 08' and running ninety (90) feet to an iron pin, then turning an interior angle of 81 IS' and running Three Hundred Eight and 2511 00 (308.25) feet along land of the grantor herein to an iron pin located in the NORTHWESTERLY line of Springfield Street then turning and running along said Springfield Street One Hundred Ten (110) feet to the point of beginning. SUBJECT to any and all liens, mortgages, restrictions, easements and reservations of record, in so far as the sarne are in force and applicable. SUBJECT to real estate taxes, assessments and all municipal charges. I I I I I I I I I I I I I I I I I I I Bk 20070 Pg32 *68067 2 BEING the same premises conveyed to the Grantor herein by deed ofE. WAYNE SMITH and JEAN M. SMITH dated February 7. 2001 and recorded in the Hampden County Registry of Deeds in Book 11506. Page 169. EXECUTED as a sealed instnunent this 21st day of October. 2013. COMMONWEAL TIl OF MASSACHUSETTS County of Hampden On this 21st day of October. 2013 before me. the undersigned notary public. personally appeared ELLSWORTH W. SMITH proved to me through satisfactory evidence of identification. namely the person was p<QO"'" l<l me. identified by affirmation of a credible witness, SF idGatifi8a tn 1, to be the person whose name is signed on the preceding or attacbed document and acknowledged to me that such person signed it voluntarily as such person's free act and deed for its stated purpose. EPf\34.38\Decd-l 0 16Springfield St.430 I DONALD E. ASHE. REGISTER HAMfDEIl COUNTY REGISTRY OF DEEDS I I I I I I I I I I I I I I I I I I I ...: ::; f 00 ...: .J' " ~ en :g " ..: bO " '0:; 0. en ;; =: .,';i Bk 20070 Pg33 .68068 10-23-2013 Q 03:47p Above for Registry Use Only OUITCLAIM DEEP I, ELLSWORTH W, SMITH, Trustee of the ELLSWORTH W, SMITH FAMILY TRUST dated September 13,2000, of236 South Westfield Street, Agawam, Massachusetts, for consideration paid of less Iban ONE HUNDRED and 00/\ 00 ($\ 00,00) DOLLARS grant to ELLSWORTH W. SMITH aIkIa E. WAYNE SMITH of 236 South Westfield Street, Aga~,Massachusetls with QUITCLAIM COVENANTS Certain real estate situated in said Agawam, bounded and described in three parcels as set forth on Exhibit A annexed hereto and made a part hereof. SUBJECT to any and all liens, mortgages, restrictions, easements and reservations of record, in so far as Ibe same are in forCe and applicable. SUBJECT to real estate taxes, assessments and all municipal charges. BEING the same premises conveyed to !be Grantor herein by deed of E. WAYNE SMITH and JEAN M. SMITH, husband and wife dated February 7, 2001 and recorded in Ibe Hampden County Registry of Deeds in Book 11506, Page 171. See also deed ofE. WAYNE SMITH dated February 7, 2001, recorded as aforesaid in Book 11506, Page 174 as to Parcel III herein. EXECUTED as a sealed instrument this 21st day of October, 2013. --=-Yw4 M. \ '?:1M ____ , ... ;~~~ I I I I I I I I I I I I I I I I I I I Bk 20070 Pg34 #68068 2 COMMONWEALTH OF MASSACHUSETIS County of Hampden On this 21 st day of October, 2013 before me, the undersigned notary public, personally appeared ELLSWORTH W. SMITH, proved to me through satisfactory evidence of identification, namely the person was [!<new" 10 me, identified by affinnation of a credible witness, or id9Bti4ie~ iH 1. to be the person whose name is signed on the preceding or attached document and acknowledged to me that such person signed it voluntarily as such person's free act and deed for its stated purpose. ;t;L f ~ IiMg sign and stamp EPFI34 J 8\Deed·1 004SpringfieldStreet.4J 0 I ~ LINDA C. LIVINGSTONE NOTARY PUBLIC ~. f;(iM1:10HWE.mH OF NASSACHUSffiS ~ '-II) ';lin;m~siuft Expires Feb. 4, 2016 I I I I I I I I I I I I I I I I I I I Bk 20070 Pg35 #68068 EXHIBIT A PARCEL 1: Being known and designated as Parcel "C" as shown on a plan of land recorded in the Hampden County Registry of Deeds in Book of Plans 265, Page 107; said real estate being more particularly bounded and described as follows: SOUTIlEASTERL Y NORTHERLY WESTERLY SOUTHWESTERLY EASTERLY SOUTHERLY by Springfield Street, two hundred sixteen and 30/100 (216.30) feet; by land now or formerly ofM. Zaccaria, by two lines having a total distance of five hundred thirty-one and 11/100 (531.11) feet; by land now or formerly of J.A. & E.M. Carlson, one hundred sixty-six and 70/100 (166.70) feet; by land now or formerly of E. Wayne Smith, one hundred forty and 311100 (140.31) feet; by Parcel "D" as shown on said plan, seventy-nine and 871100 (79.87) feet; and by said Parcel "D" as shown on said plan, two hundred seventy-one and 821100 (271.82) feet. PARCEL II: Being known and designated as Parcel "D" as shown on a plan ofland recorded in the Hampden County Registry of Deeds in Book of Plans 265, Page 107; said real estate being more particularly bounded and described as follows: SOUTHEASTERLY NORTIlERLY WESTERLY SOUTHWESTERLY by Springfield Street, one hundred sixty-eight (168) feet; by Parcel "c" as shown on said plan, two hundred seventy-one and 82/100 (271.82) feet; by said Parcel "C" as shown on said plan, seventy-nine and 871100 (79.87) feet; and By land now or formerly of E. Wayne Smith, one hundred sixty-six and 441100 (166.44) feet. The above Parcels 1 and II being the same premises conveyed to Grantors herein by deed of MORGAN PLACE ASSOCIATES INC., dated August 30, 1999, and recorded in Hampden County Registry of Deeds, Book 10914, Page 117. I I I I I I I I I I I I I I I I I I I Bk 20070 Pq36 '68068 2 PARCEL !II: The land in Agawam, (Feeding Hills) Hampden County, Massachusetts, being known and designated as Lot" A" on a Plan of Lots recorded in Hampden County Registry of Deeds, Book of Plans 153, Page 59. Being more particularly described as follows: Bounded EASTERLY by Springfield Street, one hundred sixty-eight and 001100 (168.00) feet; SOUTHERLY by land ofE. Wayne Smith, three hundred eight and 2511 00 (308.25) feet; WESTERLY by land of J. A. & E. M. Carlson, one hundred sixty-twa and 381100 (162.38) feel; NORTHERLY by land of M. Zaccaria, one hundred twenty-seven and 0311 00 (127.03) feet; EASTERLY by other land of the Grantor herein, one hundred thirty-two and 001100 (132.00) feet; and NORTHERLY by other land of the Grantor herein, two hundred seventy-one and 82JlOO (271.82) feet. EPF\J4381Deed-1 004SpringfieldStreet.430 I DONALD E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DE£DS I I I I I I I I I I I I I I I I I I I SECTION 4 COpy OF FILING FEE CHECK ------------------- R LEVESQUE ASSOCIATES, INC. To \jJ(\. c* ~0..,0. \= i \Je.. \-\ u.~ ed. o..nJ. 00/1 co c.e C\'\s LOI'e G\-.~ Fi\i~ ret' 4261 16/'6/Z0 I S 5500.00 . W'M I s~smpessell\l 'weme6v '" :J III ' w £-1 " 61-9-01::1 QI 19:>ded :€ §:t~ Or-p, ~ ~ :;~~ Ul<W . " ~99d~S PI9!!5u!ddS vOOI ~0~ .i ~ ~ e' WiJ Fl L I ~~~ ! Ji' t >0·' • 0 ~u ~. ! , ~ WUl _.!i.~ ; 39N'lfH::> 3NOZ 0350dOHd HO=' N'Ifld w j-. -'ton 3'" ; :l~O a:< "ji ~ II u ~!I !b ~~p • I~i · IJd ' ~ • ~I~ ~ ~ " 2 ~ • ~ din o M ~ , -- I I I I I I I I I I I I I I I I I I I ApPENDIX PROPOSED ZONING CHANGE PLAN, PROPOSED SITE LAYOUT PLAN, PREPARED FOR Alil ELIAS By R LEVESQUE ASSOCIATES, INC., DATED 9/24/15 LOCUS MAP 1 ',= 200 ':t LAND N/F MARK R. DINTZNER N 85" 29' 39" £ 64.91' LAND N/F VINCENT R. GOVONI AGRICULTURAL S 89' 22' 06" E -~ 464.88'-~ PROPOSED ;... ~ NEW ZONE LINE ~~'v/ F<:: "v, ",,0 ~ / / BUSINESS A A- ?2 1(:,/ !i? EXISTING --{\ "vV'v~ ~ f<)..... HOUSE G«:-%x'-'-:I ~. ~ ~ NO. 1004 1" ,J} "i <:' "" "-? Xl' i;) {t EXISTING ZONE LIN "J~ ~ ~ TO BE CHANGED ~ '-l ~ G _\X,-" f3 ~~ 0'" "Jo/ >.! ..If.> !<.-' ~ Va"" 'J,~ '-i t, b<~ o LAND N/F / ELLSWORTH W. SMITH / / / / REC t='V~D .w-L .... ,' w I: OCT 2 6 2015 AGAWAM I FGFNO PLANNING BOARD EXISTING ZONE LINE PROPOSED ZONE LINE PROPERTY LINE R LEVESQUE ASSOCIATES, INC PLAN FOR PROPOSED ZONE CHANGE DRAWING# A Land Planning Services Company 40 School Street • P.O. Box 640 . Westfield, MA 01086 ph,413.568.0985 fax, 413.568.0986 rlaland.com 1004 Springfield Street Parcel 10 FI0-6·19 Agawam MA, I I I I I I I I I I • , ~ I i g .\' ~ I i t ~ I ~ ~ ~ ~ z • I 0 ~ ~ " " I 9 , • ~ < ! I .. ~ .. t ~ I ~ , 1% S I ~ i ~ I .. LDCtIS MAP itT.$. NOTES: 1.) P1t(Jfl;f(IY LIH! .f/1tlRIoM'IKm SHOWN 'tAI(CN FROI.f PUoN EN'T11U:'O ~APPRCVAl. HOT HtQlJIIl£I) $UBDIVISIOH" ~ FDff ft.ISIVOIm1 W. SMI7H lMTtO tI-~Il-2m5 P/..W ~ BY ()tJIff(EE, /IIffln; 10lWE NtID CJW'PnAINf: 2) EH7IR£ tor 2' TO £IE: fl'£Z0NLl) ro A-.J k .... -3 ~ 41) ;J -*' SCIU.£: 1-"~ _'</I" YlNCCNT R. 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