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8807_ZONE CHANGE - SUFFIELD ST. - MURPHYS PUBArrovea ZC-2016-4 PETITION FOR ZONE CHANGE BY CLOVERLEAF REALTY GROUP, INC. FOR PROPERTY BETWEEN PARCEL 19-2-27 AND PARCEL 19-2-28, LOCATED AT 0 SUFFIELD STREET AND 83 MILL STREET, FROM AGRICULTURAL TO BUSINESS A IN THE ENTMETY WHEREAS, Cloverleaf Realty Group, Inc. is the owner of property and land known as 0 Suffield Street and 83 Mill Street, Agawam, Hampden County, Massachusetts; and WHEREAS, Cloverleaf Realty Group, Inc. desires to change zoning of the subject property, between Parcel 19-2- 27 and Parcel 19-228, froan the current classification of Agricultural to Business A; and WHEREAS, Cloverleaf Realty Group, Inc. petitions the City of Agawam to allow the entirety of property between Paroe119-2-27 and Parcel 19-2-29 to be rezoned as Business A, and WHEREAS, it is in the best interest of the City of Agawam to change the zoning of 0 Suffield Street and 83 Mill Street, Agawam, Hampden County, Massachusetts to Business A in its entirety. NOW THEREFORE, the Agawam City Council hereby resolves to change the zoning of the subject parcels of land from Agricultural to Business A District: Current Owner: Cloverleaf Roaalty Group, Inc. Property Address: 0 Suffield Street and 83 Mill Street, Agawam, Hampden County, MA Assessor's Parcel IDs: Property between Parcel 19-2-27 and Parcel 19-2-28, further described in exhibit "A" §3, which is attached hereto and incorporated herein by reference. Dated this Ay of .2016. PER. ORDER OF THE AGAWAM CITY COUNCIL / L&�r� I cs P. Chixtt�, APPROVED AS TO FORIM AND LEGALITY 'W- - Patrick M. Toney, City Solicitor Cb uric[ 1 ,�. MAYORAL ACTION Received this day of 2016 f m Council Clerk. Signed by Council President this _ 9 � day of6 r 2016. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Seddon 3-6 of the Agaw harter, as I hereb approve a the passage of the above legislation on this � � day of U/ 2016. Richard A. Cohen, Mayor DISAPPROVAL 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 _. . 2016 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION M COUNCIL CLERK Returned to Council Clerk this _ day of 2016. Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 October 11, 2016 James P. Cichetti, President Joseph Mineo, Vice President George Bitzas, Councilor Cecilia P. Calabrese, Councilor Paul C. Cavallo, Councilor Christopher C. Johnson, Councilor Gina M. Letellier, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Anthony Suffriti, Councilor Richard Theroux, Councilor Agawam City Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on October 6, 2016, the Agawam Planning Board voted 3-0 to send a positive recommendation to the City Council regarding the proposed zone change for Thomas Murphy on Suffield Street (Parcel between Parcels I9-2-27 & 28). If you have any questions, please contact this office at 786-0400, extension 8738. Sincerely, y� ' low Mark R "Paleologopoulos, Chairman AGAWAM PLANNING BOARD cc: Clerk, Solicitor, File, R. Levesque Associates, T. Murphy9C .6 Sig, PRESIDENT James P. Ciehetti VICE PRESIDENT Joseph Nino COUNCILORS George Bitzas Cecilia P. Calabrese Paul C. Cmallo Christopher- C. Johnson Gina M. Letellier Donald M Rheault Robert E. Rossi Anthony R. Suffritt Richard M. Theroux ADMINiSTRA'I IV E ASSISTANT Barbara A. Bard TELEPHONE (413) 726-9716 FAX f413) 726-9717 EMAIL bbard i agaw,am. ma. us .160 0 AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHtiSETTS 01001 September 20, 2016 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: ZC-2016-4 Dear Members of the Agawam Planning Board: The Agawam City Council has referred the following item to the Agawam Planning Board for you to hold a public hearing and make a recommendation. The City Council will hold their public hearing on the same on October 17, 2016. • PH-2016-7 (ZC-2016-4) - Petition for Zone Change by Cloverleaf Realty Group, Inc. for property between Parcel I9-2-27 and Parcel I9-2-28 located at 0 Suffield Street and 83 Mill Street from Agricultural to Business A in the entirety —Public Hearing set for October 17, 2016 (Referred to Legislative Committee) If you have any questions, please do not hesitate to contact me. Sincerely, 3 es P. Cichetti, President Agawam City Council JPC/bb cc: Full Council Mayor Solicitor Planning 0 . 9 110214 110215 1102 16 BEAUVAIS ARTHUR V REID WILLIAM T GIRARD GASTON A LIT 112 MILL ST 106 MILL ST 94 MILL ST AGAWAM, MA 01001-2387 AGAWAM, MA 0 100 1 AGAWAM, MA 01001-2339 J921 110218 I9235 AGAWAM PROPERTIES LLP YASH REALTY TRUST DASILVA SUSAN E P O BOX 344 77 ONTARIO ST I I 1 MILL ST WEST SPRINGFIELD, MA 01090 SPRINGFIELD, MA 01104 AGAWAM, MA 01001-2338 I9232 19231 I9230 SILVER LAKE CORPORATION RUSSELL MARJORIE J SCARPA DAVID V 120 EDGEWATER RD PO BOX 911831 91 MILL ST AGAWAM, MA 01001 ST GEORGE, UT 84791-1831 AGAWAM, MA 01001-2338 19229 19228 J9 1 15 CLOVERLEAF REALTY GROUP CLOVERLEAF REALTY GROUP GUNTLY JOHN E INC INC 75 CZEPIEL STREET 664 SUFFIELD ST 664 SUFFIELD ST CHICOPEE, MA 01020 AGAWAM, MA 0 100 1 AGAWAM, MA 0 100 1 J9114 I9227 19224 MIKALSON JOSEPH W CLOVERLEAF REALTY GROUP CONTI ROBERT C 47 MILL ST INC 23 GUNN GEARY LN AGAWAM, MA 0 100 1 -2317 664 SUFFIELD ST AGAWAM, MA 0 100 1-2315 AGAWAM, MA 0 100 1 19223 J9116 19225 GAGNE COURTNEY A PIGNATARE FRANK C LIT TR CIRILLO JOSEPHINE f 31 GUNN GEARY LN 685 SUFFIELD ST CARMEN L L.TEN. AGAWAM, MA 01001-2315 AGAWAM, MA 01001-2326 13 GUNN GEARY LN AGAWAM, MA 01001-2315 I9226 19222 19220 LEMAGDELEINE BRENDA SIMPSON DONNA M BRENNAN CAROL J L/T 5 GUNN GEARY LN 37 GUNN GEARY LN 18 GUNN GEARY LN AGAWAM, MA 0 100 1 -2315 AGAWAM, MA 01001-2315 AGAWAM, MA 01001-2316 19219 19221 J9 1 17 GREGORY EDWARD J VAUGHN GEORGE P PIGNATARE FRANK C LIT TR 6 GUNN GEARY LN 32 GUNN GEARY LN 685 SUFFIELD ST AGAWAM, MA 01001-2316 AGAWAM, MA 01001-2316 AGAWAM, MA 01001-2326 19217 I9218 MACHIA ANDREA RUBECK CRISTINA S 16 EDGEWATER RD 6 EDGEWATER RD AGAWAM, MA 01001 AGAWAM, MA 01001-2310 0 0 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 TO: Building Inspector Safety Officer Fire Department Health Department Conservation Commission Engineering Department/DPW Board of Appeals School Committee Assessors FROM: Planning Board DATE: September 12, 2016 SUBJECT: Zone Change— Suffield Street — Murphy The Planning Board will be holding its public hearing on a Zone Change request by Thomas Murphy d/b/a Murphy's Pub for a parcel of land located on Suffield Street (former town -owned parcel) on Thursday, October 6, 2016. The Law Department has determined that the parcel is currently zoned Agricultural. The request is to rezone the parcel Business A. We would appreciate any comments you may have prior to this hearing. Sincerely, Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD 0 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, October 6, 2016 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Murphy's Pub c/o Thomas Murphy for a zone change request on a parcel of land on Suffield Street between Parcel 19-2-27 & I9-2-28 from Agricultural to Business A. Copies of the proposed zone change can be obtained from the Agawam Planning Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Mark R. Paleologopoulos, Chairman Agawam Planning Board (Ad to be run 9/22/16 & 9/29/16) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing & Community Development oad INTEROFFICE MEMORANDUM TO: PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE DATE: 9/2/2016 This office is in receipt of the attached application for a proposed zone change at Suffield Street, Agawam, MA (Parcel between I9-2-27 and I9-2-28) requesting the parcel be rezoned to Business A. Please contact me so we can coordinate our public hearing dates, Thank you! oj. 54 0a 17 , or - Gov R H^ RECEIVED SEP 029 2016 AGA1 PLANNIN �;-',)AP-D Pamela Kerr From; Robert Levesque <robl@rlaland.com> Sent: Wednesday, August 17, 2016 11:53 AM To: Stephen Buoniconti; Thomas Murphy, Ryan Nelson Cc: Marc Strange; Patrick Toney; Erik Wight; Pamela Kerr Subject: Re: Former Town -Owned Parcel at Murphy's Pub --Zoning Designation Stephen, Thanks for the quick turn around. All right-of-ways within the Town are white. Should we assume that they are all zoned agricultural moving forward? This doesn't seem logical given the properties they are adjacent to. Based on the memo provided, our office will submit a request for a zoning map amendment for the subject parcel. Best Regards, Robert Levesque, RLA, ASLA President R Levesque Associates, Inc 40 School Street Westfield, MA 01085 413.5680985 robl rlaland.com On Aug 15, 2016, at 12:16 PM, Stephen Buoniconti <SBuonicontigagawam.ma,us> wrote: Please see attached memorandum From: Robert Levesque [maiito:robl@rlaland.com] Sent: Monday, August 15, 2016 8:55 AM To: Marc Strange Cc: Patrick Toney; Stephen Buoniconti; Erik Wight; Pamela Kerr Subject: Re: Former Town -Owned Parcel at Murphy's Pub --Zoning Designation Thanks Marc, Please let me know what your law department comes up with. Best Regards, Robert Levesque, RLA, ASLA President R Levesque Associates, Inc 40 School Street Westfield MA 01085 0 413.5680985 robl(a,rlaland.com On Aug 10, 2016, at 2:25 PM, Marc Strange <MStrangeagawam.rna.us> wrote: Good afternoon, gents. As I'm sure you know, Murphy's Pub —through Rob Levesque, who is copied on this e-mail—has applied for two zone changes for parcels adjacent to the restaurant where they plan to formalize the parking by paving and marking it, among other things. One piece of the puzzle that remains (other than the City Council's approval) is that the piece of property Murphy's recently purchased from the town doesn't have a zone assigned to it (nor does it have a parcel number for that matter —at least not on GIS). So they/we are wondering if the Law Department can issue an opinion defining the zoning for that parcel? There may be a more formal, involved process but no one in the room was aware of one. If the Council approves the requested zone changes, all of the parcels will be zoned Business A; so I think the prevailing thought in the room is that the undesignated parcel would also be Business A. Let me know if you all need more information. Thanks guys. Marc A. Strange, Director Planning & Community Development Town of Agawam 36 Main Street Agawam, MA 01001 (413) 786-0400 ext. 8245 <Law Department Memo Suffield and Mill Streeet property.docx> AGA A M FIRE DEPARTMENT 800 MAIN STREET, AGAWAM, MA 01001 TELEPHONE (413) 786-0657 FAX (413) 786-1241 ALAN SIROIS, CHIEF OF DEPARTMENT afdchief(a)agawam.ma.us BERNARD J. CALM, DEPUTY CHIEF afddeputy@agawam.ma.us JACOB N. G. DUSHANE, FIRE INSPECTOR afdinsp@agawam.ma.us FRANK MATUSZCZAK, TRAINING OFFICER afdtraining@agawam.ma.us August 18, 2016 Planning Board Members; We have received another plan for a zoning change only. These requests for comments to our department have become more frequent. As the Planning Board is the governing body on zone changes we respectfully leave it in your capable hands. Our only request is to be involved in zoning changes when there is an application of a hazard class zone. If there are any questions please contact this office. Fire prevention is everyone's responsibility. Jacob N.G. Dushane Fire Inspector afdinsp(&agawam.ma. us (413) 786-0657 EXT 8883 0 Application, Narrative & Supporting Documents Subject Property: Suffield Street (Parcel between 19-2-27 & 19-2-28) Agawam, MA Applicant: Murphy's Pub c/o Thomas Murphy 664 Suffield Street Agawam, MA Owner: Cloverleaf Realty Group, Inc. 664 Suffield Street Agawam, MA RLA Project #: 150503 RECEIVED SEP 02 2016 AGAWAiv PLANNING BOARD ASSOCIATES, INC A LAND PLANNING SERVICES COMPANY 40 School Street, P.O. BOX 640, Westfield, MA 0108S p 413.568.0985 • f 413.568.0986 • wwwAaland.com TABLE OF CONTENTS Zone Change Petition Suffield Street (Between parcels 19-2-27 & 19-2-28) Agawam, MA 01001 ITEM Title Page SECTION Zone Change Petition Letter.............................................................................. 1 LocusMap...........................................................................................2 Deed...................................................................................................3 Town of Agawam Law Department Memorandum.........................................4 "Plan for Proposed Zone Change" dated August 22, 2016 byR Levesque Associates, Inc............................................................................. 5 C7 • SECTION 1 ZONE CHANGE PETITION LETTER ASSOCIATES, INC. 40 School Strut, RO. BOX 640, WestfiNd, MA 01085 p 419.568.099S f 413.568.0986 • wwwAaland.com August 18, 2016 Mr. Christopher Johnson, President Agawam Town Council 36 Main Street Agawam, MA 01001 RE: Petition for Zone Change Suffield Street (Parcel between 19-2-27 & 28) Agawam, MA 01030 RLA Project # 150503 Dear Mr. Johnson & Councilors: On behalf of Thomas Murphy of Murphy's Pub, R Levesque Associates, Inc is herein respectfully petitioning the Agawam Town Council for a Zoning Map Amendment (Zone Change) for a small parcel formerly owned by the Town of Agawam, now owned by Cloverleaf Realty Group. The parcel is located between Parcels 19-2-27 & 19-2-28 on Suffield Street, Agawam, MA. The parcel is shown on the attached filing plan as "Parcel A". Property Designation_ The subject property is owned by Cloverleaf Realty Group, Inc. and has been previously zoned Agricultural as determined by the Agawam Law Department (please see attached memorandum). Zoning Map Amendment (Zone Change) Sought: The petitioner seeks an amendment (Zone Change) to the Town of Agawam Zoning Map for the parcel as set forth in section 180-3 of the Town of Agawam Zoning Regulations, to allow the entirety of the parcel to be rezoned to Business A. Reason for the Zoning Map Amendment: The aforementioned Zone Change is being requested to allow pursuit of future business development within the subject property. By granting the aforementioned Zone Change, the Council will be allowing the applicant to pursue business growth within the subject parcel. A LAND PLANNING SERVICES COMPANY A' --3 �"IS_R.1)3' 8� f Csf� 'Fs is.€"'_?z;ii Argument: a. Facts to support a finding that the Zone Change will be desirable and without substantial detriment to the public good: 1. The subject site is well suited for business use in correlation with the abutting restaurant. The required Town services are all available at the property frontage and the traffic adjacent to the parcel provides a healthy market for potential development. 2. The subject property abuts a viable business use and should not derogate from the intent of the Zoning Ordinance. Understanding the aforementioned, the Zoning Map Amendment (Zone Change) requested herein is not detrimental to the public good, and does not substantially derogate from the intent of and purpose of said Zoning Ordinance. Based on the foregoing, and on the Exhibits attached hereto, the applicant respectfully requests that the Town Council grant the aforementioned Zoning Map Amendment under the Town of Agawam Zoning Ordinance Section 180-44 allowing the entirety of the subject properties to be zoned Business A. Petitioner: Murphy's Pub, c/6 Thomas Murphy Owner: 1 loverleaf Realty Group fnc. Should you have any questions or comments regarding this Application, please do not hesitate to contact our office at your convenience. Sincerely, Robert M. Levesque, RLA, ASLA President LAND PLAWNG SERVICES COMPANY SECTION 2 Locus MAP The. information depicted Gn this neap is fcq- planning purposes wly.. 9t is nG.t adeqUate for leg i boundary delndion, regulatory Murphy's Pub,Suffield I terp tat on, or p-arceHevet a�n lys _ ' Street, Agawam,MA ., • • SECTION 3 DEED • Bk 2125l? Ps567 4:39534 0 7'-12-2016 a 1 2 : 56c• Affected Premise: 1969 Suffield Street Layout Agawam, Massachusetts 01001 QUITCLAIM DEED Know all by these present that I, Mayor Richard A. Cohen, signing authority for the City of Agawam, 36 Main Street, Agawam MA 01001 IS for consideration paid and in full consideration of $500.00 grant to Cloverleaf Realty Group Inc, with a mailing address of 110 Elm Street, Westfield, MA 01085 WITH QUITCLAIM COVENANTS the following described piece or parcel of land situated in the City of Agawam, 3 Commonwealth of MASSACHUSETTS, County of HAMPDEN: V Vacant Land approximately 2,634 square feet area with 40.52 feet of frontage on the west side of Suffield Street. Beginning at a point on the westerly sideline of the 1969 Suffield Street Layout said \�b point being 85' 5C 1V W flour Station 128 + 56.78 of the Mass Department of Public �q Works Baseline, said point also being approximately One hundred and eighteen (118) feet southerly of the intersection of the south line of Mill Street and said west line of Suffield Street; Thence running S 85° 00' 25" W a distance of sixty-five and eighty four hundredths (65.84) feet to a point; Thence ruining S 4" MY 03" W a distance of forty and fifty-two hundredths (40.52) feet to a point; Thence running N 85" 00' 25 E a distance of sixty-five and eighty four hundredths (65.84) feet to a point on the westerly sideline of 1969 Suffield Street Layout; Thence running N 4" 10' 03" E along said westerly line of Suffield Street a distance of forty and fifty-two hundredths (40.52) feet to the point of beginning. as being the same premises described in the Order of Taking (West Side of the 1969 Suffield Street Layout) dated May 1, 1970 and recorded in the Hampden County E • Registry of Deeds in Book 3508, Page 36. Witness my hand and seal this leday of July, 2416. Bk 21259 Pg568 #39534 Mayor Richard A. Cohen THE COMMONWEALTH OF MASSACHUSETTS Hampden, ss. JulyL2'2016 Then personally appeared the above named Mayor Richard A. Cohen, and acknowledged the foregoing instrument to be the free act and deed of Richard A. Cohen before me. Date: f 112-n016 Patrick M. Toney My Commission Expires PAVXKMTONU Pub My � � ad eMM E�uW oea K � DONAL.D E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS • SECTION 4 TOWN OF AGAWAM LAW DEPARTMENT MEMORANDUM Town of Agawam Law Department Memorandum To: Marc Strange, Director Planning and Community Development From: Stephen Buoniconti, Associate City Solicitor Date: August 15, 2016 Subject: Zoning of 0 Suffield Street and 83 Mill Street CC: Patrick Toney, Solicitor It has been asked, what should be the designation and process of converting the following parcel to be zoned Business A: Current Owner: Cloverleaf Realty Group, Inc. Property Address: 0 Suffield Street and 83 Mill Street, Agawam, Hampden County, MA Assessor's Parcel IDs: 19-2-27 & 19-2-29 Hereinafter ("parcel") The parcel was recently transferred by the Town of Agawam to the private owner of Murphy's Pub in consideration of $500.00 and the granting of an easement. Both parties were under the impression that the new owner intended to use the parcel to create a paved parking lot for the business, Murphy's Pub. A question posed is to how to handle a zone change if the parcel has no current specific zoning designation. It is the Law Department's understanding however that the parcel has been previously zoned "Agricultural" upon the review of records and the designation on the Town's Zoning Map. It is a white parcel ("Agricultural") on the Town's map that has not been amended while other properties contiguous to it have. If the owner of the parcel elects to move for a designated change to the parcel from "Agricultural" to `Business A", the standard process for a zoning change must be followed for the transfer with the inclusion of the Planning Board and City Council. SECTION 5 PLAN FOR PROPOSED ZONE CHANGE DATED 8/22/2016 BY R LEVESQUE ASSOCIATES, INC. 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