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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