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8859_ZONE CHANGE - REIDY - 466 S. WESTFIELD ST. - AGRICULTURAL TO A5-Tal*'�. 719 11 Z p("ved 'I.C-2018-2 PETITION LONE CHANGE BY OWNERS THOMAS F.-REIDY II AND SHERRY M. REID`ir FOR PROPERTY LOCATED AT 466`SOUTH WESTFIELD STRER11' FROM AGRICULTURAL AND RESIDENCE A-2 TO AN ACHE RESTRICTED HOUSING DISTRICT (RESIDENCE A-5)' WHEREAS, Thomas Reidy lI and Sherry M. Reidy, are the Owner$lPetitioners of a parcelofland (E6-1-1) situated at 466 South Westfield Street, Agawarn, Hampden County, Massachusetts. (See l-lampden County Registry of Deeds Book 1/ 19346, Page 4213); and WHEREAS, parcel L6-1-1 is zoned Agricultural and Residence-A-2; and WHEREAS, Thomas Reidy II and Sherry M. Reidy desire to change, the zoning of the subject parcel from the current classification Agricultural and Residence A-2 to a Age restricted Housing District (Residence A-5}; and W11EREAS, Thomas Reidy Il and Sherry M. Reidy have entered into a purchase and sale agreement with Kathleen If. Sweeney and Victor J. Shibley who plan to construct forty eight (49) age restricted condominium units on the parcel; and WHEREAS the zoning change is being requested to allow for utilization ol'the property for its highest and best use. and WFIi• REAS, it is in the best interest of the City of Agawam to change the zoning of the parcels located at 466 South Westfield Street, Agawam, MA from the current classification :of Agriculturai to an Age Restricted I lousing District (Residence A-5) classification. NOW THEREFORE, the Agawam City Council hereby resolves to change the zoning of the subject property located at 466 South Westfield Street, Agawam. MA from the current classification of Agricultural and Residence A 2 to an Age Restricted flouring District (Residence A-5) classification, Current Owner: Thoinas Reidy If and Sherry M. Reidy Property Address: 466 .South Westfield Street.. Agawam. MA 01013 Assessor's Pareel ID'S: E6-1-1 %N. hick is attached hereto, described in Fiduciary Deed and incorporated herein by reference. Dated thi ay of .'(,{ " , 2018. PER ORDER OF T111- AGAWAM CITY COUNCIL Christopher C.-Joh s n_ President LI APPROVED AS TO FORM AND LEGALITY ..N Stephen Jeffuoniconti, City Solicitor MAYORAL ACTION Received this 9th day of Au st 2018 from Council Clerk Signed by Council President this 8th day of August.-2018. APPROVAL OF LEGISLATION By the powers vested in one pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this 13th day of August. 2018. William P. Sapelli, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended,-1 hereby veto the passage of the above legislation on this day of J. 2018 for the following reasons): William-P. Sapelli, Mayor RETURN OF LEGISL ION TO COUNCIL CLE Returned to Council Clerk this 13th day of`__ August 2018. i DANIEL P. GARVEY Attomey at Law 73 Chestnut Street Springfield, MA 01103 Telephone (413) 731-9990 Facsimile (413) 731-1302 Email Address: danielgarvey@verizon.net Mx. Christopher Johnson, President Agawam Town Council 36 Main Street Ag wam Massachuseas 01001 Re: petition for Zane Chance 466 South Westfield Street Agawam, Massachusetts 01101 Parcel MID Eb Z 1 Dear Mr. Johnson and Councilors Please accept thus ,amendment to the zone change petition filed by this office an behalf of Thomas F, Reidy II and Sherry M. Reidy regarding an approximately fifteen acre parcel of property commonly known as 466 South Westfield Street, Agawam, Hampden County Massachusetts (Parcel ID: E61. 0. This amendment shall serve as formal notice of a revision to our original petition correcting the current Zoning of the subject property from Agricultural only to both RA-2 and Agricultural zoning. As always, if you have any questions or need any additional information, please feel free contact me at your earliest convenience. 0 DANIEL P. GARVEY Attorney at Law 73 Chestnut Sheet Springfield, MA 01103 C. f V E MA`f 2 3 20R PLANNING BGARD Telephone (413) 731-9990 Facsimile (413) 731-1302 Email Address: danielgarvey@verizon.net Mr. Christopher Johnson, President Agawam Town Council 36 Main Street Agawam, Massachusetts 01001 Re: etltion for Zone Change 466 South Westfield Street Agawam, Massachusetts 01101 Parcel ID: E61 1 Dear Mr. Johnson and Councilors Please accept this zone change petition on behalf of Thomas F. Reidy II and Sherry M. Reidy who hereby formally request a zone change from Agricultural to an Age Restricted Housing District (A-5) for an approximately fifteen acre parcel of property commonly known as 466 South Westfield Street, Agawam, Hampden County Massachusetts (Parcel ID: E6 LI). Thomas F. Reidy 1I and Sherry M. Reidy currently own the subject property as evidenced by a deed dated July 13, 2012 and recorded in the Hampden County Registry Of Deeds, Book 19346, Page 211 The subject property is approximately ;fifteen acres in size and currently zoned Agricultural. Zoning M&Amendmeat I Zone Chan a Sought The Petitioners hereby request a zone change from the Town of Agawam City Council for the subject property from an Agricultural zone to an Age Restricted Housing District (A-5). Supportina Information Thomas F. Reidy 11 and Sherry M. Reidy have executed a purchase and sale agreement with Kathleen H. Sweeney and Victor J. Shibley who intend to construct approximately forty-eight (48) age restricted condominium units on the subject property as depicted on the attached conceptual plan. Kathleen H. Sweeney and Victor J. Shibley Jr. are experienced real estate professionals who have developed two similar age 0 restricted housing developments in the neighboring West Springfield community, These two projects are known as Condominiums at Beech Hill located on Brush dill Road, Nest Springfield,, Hampden County, Massachusetts and Canterbury Woods Condominiums located at 939 Piper Road, West Springfield, Hampden County, Massachusetts. If given the opportunity by the Town of Agawam to develop an age restricted community, Ms. Sweeney and }&. Shibley commit themselves to the same quality of work which they have displayed in these two recent age restricted developments. Furthermore, based upon their development experience, discussions with longtime Agawam residents and town ofEcials, they are convinced that the proposed age. -restricted housing development will fill a community need for the Towns over fifty-five year old population. Cpnc- _ _ 1. u on The Zoning Map Amendment requested herein promotes the health, safety and general welfare of the communityand will not result in a significant adverse effect on the surrounding area. In addition, the requested zone change will help satisfy a community need recognized by the Tawas when it created the Age Restricted Housing District. The applicant hereby respectfully requests that the Town Council grant the requested Zoning Map Amendment under the Town of Agawam Zoning Ordinance thereby providing the Developers an opportunity to develop an age restricted housing development on the subject property. e Thomas. Reidy II - owner Lv?z� � - 14 � vjlrl� fI,, 41M' Lp *, I �ween y - Developer Victor 1.,Shibtey Jr. - Developer As always, if YOU have any questions or need any additional information, please feel free contact me at your earliest convenience. Very Truly Yours, Daniel P. Garvey 0 ek I9346 P0213 s43945 07-w13-2012 & 03 =28p FIDUCIARY DEED KNOW ALLMENBY THESE PRESENTS, that ROSEMARIE A. McCOOK, of Gloucester, Massachusetts, and THOMAS F REIDYII, of Agawam, MassAcbusetts, as CO -Executors of the Will of Madeline F. Reidy (see Hampden County Probate Docket HDI IP0766EA) in consideration of ONE DOLLAR ($1.00) and pursuant to Article Thud of the aforesaid Will of Madeline F. Reidy grant to THOMAS F. REIDY U and SHERRY M. REIDY, being married, having an address at 1362 Main Street, Agawam, Massachusetts, as tenants by the entirety the land with the buildings thereon, -in Feeduig Hilts, Agawam, Hampden Coutrty, Nfassacimsetts, bounded and described as follows - coo Beginning at an iron rod in the northwenarl line of Pine S Agawam, � n8 y treet, g wan, Massachusetts, .' said iron rod also being at the northeasterly corner of land formerly of Arthur W. Taylor and running thence N. 77° 40' W along the northerly line of land of said Arthur W, Taylor, four 3 hundred sixty-nine and 151100 (469.15) feet toaniron rod apt the southeasterly corner of land formerly of Michael Paszkowski; thence N. 80 23' W. along the easterly sides of land formerly of Michael Paszkowski and land of Ava Wainewski five hundred fifty and 001100 (550.00) &et to an iron rod; thence N. 1211201 E. along other land of Arthur W. Taylor, three hundred fifty-seven and 051100 (357.05) feet to an iron rota at the southwesterly corner of land formerly of the Cuba Connecticut Tobacco Co.; theme S. 69' 07' 56" F- along the southerly line of said Cuba- Connecticut Tobacco Co., one thousand one hundred thirty-four and 711100 (1,134.71) feet to an iron rod in the northwesterly line of South Westfield Street; thence S. 450 22' W. along the northwesterly sides of South Westfield Street and Pane Street eight hundred forty and 80/100 (M.80) feet to an iron rod, the point of beginning. The above described pars4 of land contains fifteen and 44.100 (15A4) acres and all as sbown on a plan made by Durkee, White and Towne, Engineers and'ziumbered D-128. Subject to restrictions and encumbrances of record. No title examination has been conducted in connection with this conveyance. 548441 1919346 P9214 #43948 BEING the same premises conveyed to Madeline R Reidy Probate Docket No. HD 1P0766EA) and Thornas F. Reidy Probate Docket No. 185406) by deed dated September 8, 1971 Registry of Deeds in Book 3622, Page 528. (deceased see Hampden County (deceased— see Hampden County and recorded in Hampden county EXECUTED as a sealed instrument this A of �✓ /c 2012. semarie A._McCook, as Co -Executor under the Will of Madeline. F. Reidy, and not individually r :omas F. Reidy 4SSCo-Ex under the Will of Madoiine F. Reidy, and not individually COMMONWEALTH OF MASSACHUSMS ""p S On this I? day of �v , 2012, before me, the wsdtrgpW notary public, personally appeared ROSM10 ie A. McCook, Co -Executor under the Witt of Madeline F. Reidy, Q Proved to me through satisfwtory evidence of identification, Which was signed an the or IN personally known to to be the person whose name is gn preceding or attached document, and acknowledged' to me that she signed it voluntarily for its stated purpose, Notary Public My commission expires: r 77NAR J. SIMOEQ Notary Public CO1lM0NMY IIHOFMM UC1qMM . My; commial" Expires Ap11106, 2436 534524 LI *19346 Pg215 #43948 COMMONWEALTH OF MASSACHUSETiS HAMPDEN, SS on this j3 day of 9-d I 2012, before me, the undersigned notary public, personally appeared Thomas F. Reidy 11, Cc -Executor under the Will of`Madeline 7. Reidy, �] proved to me through satisfactory evidence of identification, which was or personally known to me to be the person whosenameis signed on the preceding or atleched document, and acknowledged to nz that he signed it voluutarity for its stated Ou rpose. Notary Public My commission expires: MIk=61MOLOLO�CFlUSE1iiQ.)_My Clna DONAALD E. ASHE,;FIEGATV NAWE!) OF DEERS 534524 Town of Agawam Planning Board 36 Main Street, Agawam, Massachusetts 01001-1801 TeL 413-726-9737 Fax 413-786-9927 June;22, 2018 Christopher C. Johnson, President Cecilia P. Calabrese, Vice President George Bitzas Councilor Paul C. Cavallo, Councilor Gina M. Letellier, Councilor Robert Magovern, Councilor Dino Mercadante, Councilor Joseph Mineo, Councilor Robert Rossi, Councilor Rosemary Sandlin, Councilor Anthony Suffriti, Councilor Agawam City Council { 36 Main Street Agawam, MA D 1001 Dear Councilors: At its duly called meeting held on June 21, 2018, the Planning Board voted to send a positive recommendation to the Council regarding the proposed Zone Change at 466 South Westfield Street from Residence A-2 and Agricultural to Residence A-5. Please contact this office with any questions. Sincer Mark R. Paieologopoulos, Chairman Agawam Planning Board MRP:prk C: Mayor, Town Solicitor, Building Inspector, Town Clerk, File 0 Town of Agawam Planning Board 36 Main Street, Agawam, Massachusetts 01001-1801 Tel. 413-726.9737 Fax 413-786.9927 MEMO TO: AGAWAM PLANNING BOARD FROM: OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Zone Change— Reidy Property - 466 South Westfield Street DATE: June 18, 2018 On May 23, 2018, the Town received a zone change request on behalf of Thomas Reidy, II and Sherry M. Reidy for property located at 466 South Westfield Street from Agricultural to Residence A-5 (Age Restricted Housing). This parcel contains approximately 15 acres of land and a house. An Amended request was submitted on June 10 to reflect the correct current zoning of the parcel: Residence A-2 and Agricultural. The Planning Office has conducted a review of this proposal and submits this report for your information. 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 Residence A-2 and Agricultural. A copy of the zoning map for this area has been attached. The Assessor's Map shows that abutters to the property include: to the north are single family dwellings located on South Westfield Street; to the south is property owned by the Town of Agawam (part of the Tuckahoe property); to the west is farmland owned Schmaelzle as well as a 4.43 acre parcel of woodland owned by Andrea M. Ilnicky Declaration of Trust as well as a single family house on a land locked parcel owned by Liquori (contains right of way to South Westfield Street). Under the present Residence A-2 District the following uses are allowed: (Please refer to 180-23 of the Zoning Ordinance which is attached.) 0 0 Single family residential (a second housekeeping unit is allowed by Special Permit) Office or studio of a dentist, artist, ,architect, professional engineer or 'teacher of scholastic subjects Renting of rooms for not more than four residents Schools for academic purposes Colleges, public libraries or museums, churches Private kindergartens or day nurseries Bus passenger stations or shelters Telephone exchange buildings Accessory buildings 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-1 District or A-2 District. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice harvesting activities and buildings or =structures accessory thereto. 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. If the zoning is changed from Residence A-2 and Agriculture to Residence A-5, the following uses would be allowed: (please refer to § 180-115 of the Zoning Ordinance which is attached): Age restricted occupancy. Environmental Considerations The approximately 15 acre site is currently farmed. There is a stream located at the rear of the property with associated wetlands. A Determination of Applicability delineating the wetland resources and a Notice of Intent maybe required prior to any construction being approved on this site. According to the Town's OIS, the property consists primarily of Wareham Loamy Sand and Merrimac Fine Sandy Loam. Other Considerations If the property was rezoned to Residence A-5, a traffic study will be required and a site distance study should be conducted to ensure that the traffic generated by the proposed development would not have a significant impact on South Westfield Street.. [A PARCEL AMP t SPRU 466 South Westfield Street 6/18/2018 10.43:19 AM Scale: 1"=400' Scale is approximate 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. ZONING MAP Agiculalral i Tghe:B.Bantl 466 South Westfield Street 6/18/2018 10:22:07 AM Scale:l"=400' Scale is approximate 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. Agawam Zoning Ordinance Sections 180--23,180-37 and 180-115 Town of Agawam, MA is 0 Page 1 of 3 Town of Agawam, MA Monday, June 18, 2078` Chapter 18o Zoning Article III. Residence A-2 Districts § 180-23. Permitted uses. In any Residence A-2 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 A-i District. B. A one -family detached dwelling for one housekeeping unit only; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve the standard and character' of the neighborhood, may authorize a variation in the use of a one -family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. hall such cases the petitioner, as a condition precedent to the privilege herein granted, shall present adequate ,plans setting forth the changes and improvements to be made and shall have secured the written consent and approval of at least three of the following property owners: (1) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner's property. (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a,lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. In case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed the owner of the lot adjacent to the petitioner's property, as used in this section. In the case of an appeal for a variation involving a dwelling situation on a corner lot or so located that the obtaining of the exact numerical assents of the owner above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substantially in accordance with -the principals herein set forth as may be determined by the Board of Appeals. The 'power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of the vicinity and will be in harmony with the general purpose and intent of this chapter. Each case shall be considered on its own merits, and no case shall raise a presumption in favor https://ecode360.com/print/AG1041?guid=6567849 6/18/2018: Town of Agawam, MA 0 Page 2 of 3 10 of any other case. No decision of the Board of Appeals shall be considered as changing or affecting the zoning of any Residence A-2 District. C. The office or studio of dentist, artist, architect, professional engineer or teacher of scholastic subjects residing on the premises or a beauty parlor wherein one of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed 20% of the total floor area of the dwelling, exclusive of the basement. No display, sign or other advertising: devise shall be permitted except an interior illuminated, reflective or nonilluminated professional nameplate having an area of not more than i44 square inches. The studios or offices of dancing or music teachers, photographers, masseurs, veterinarians, riding schools and other similar businesslike pursuits are prohibited. D. The renting of rooms and the furnishing of table board to not more than four resident persons in a dwelling occupied as a private residence. No display, sign or other advertising device, illuminated or otherwise, shall be visible from the street except a nonilluminated announcement sign having an area of not more than 144 square inches. E. Schools for academic purposes only and community center buildings, except dancing or bowling and like activities, provided that there is no display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges, public libraries or museums, churches or other places of worship, parish houses and Sunday school buildings. G. Private kindergartens and day nurseries conducted in otherwise permitted buildings in this district, provided that not more than 25% of the floor area of the building, exclusive of the basement, is used primarily for this purpose, H. Bus passenger stations or shelters, not including repair service or garaging. I. Telephone exchange buildings. I Accessory buildings and uses customarily incident to any use permitted in this section, provided that such use shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated, reflective or nonilluminated announcement sign having an area of not more than i44 square inches -maybe displayed.- K. The keeping and raising of poultry, livestock and pigeons, whether for the table or other purposes, or other like objectionable uses are prohibited. L. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle for each;5,000 square feet of lot area or fraction thereof, nor more than five motor vehicles, not more than one of which may be unregistered, shall in any case be kept on the premises. Only one such vehicle may be a commercial vehicle and of not more than 3/4 ton`s weight of capacity. Space for ,motor vehicles shall not be Jleased or rented for commercialvehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open. M. Not more than one house trailer maybe kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be leased or rented for trailers. N. https://ecode360.com/print/AGI 04 I?guidw6567849 6/18/2018 Town of Agawam, MA 0 0 Page 3 of 3 Uses outlined in;§ 180-37B and C, when the line; separating a Residence A-z District from an Agricultural District runs through a property not being used for agricultural purposes so that the future use of the whole property for agricultural purposes would be prohibited. https:Hecode360.com/print/AGI 041 ?guid=6567849 6/18/2018 Town of Agawam, MA Page l of 3 Town of Agawam, NIA Monday, June 18, 20)8 Chapter 18o Zoning Article VIL Agricultural Districts § 180-37. Permitted uses. in any Agricultural District as indicated on the Building Zone Map, no building or other structure small 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 2-20-200by TOR-2001-1] § 180-38 Height regulations. Buildings or structures permitted inthis zone -under § 18o-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. § 18o-39. Setback 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 Too feet from the street line. https:l/ecode360.com/print/AG1041?quid=6567941 &children=true 6/18/201 S ' Town of Agawam, MA 0 Page of 3 § 18o-40 Yards. A. Side yards. There shall be aside 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 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. § 18o-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-partlylying 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 minimum of 20 acres, must have a two - hundred -foot front yard and ioo yards along all other lot Fines 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, -too 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. C. 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 to 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. 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 of75 acres. E. To assure that special use structures shall be reasonably attractive inappearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an https://ecode360.com/print/AG1041?guid=6567941&children---true 6/ 18/201 S Town of Agawam, MA 0 Page 3 of 3 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 51000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter gy of the General taws, only one of which can be unregistered vehicle, exclusive of farm equipment. https://ecode360.com/print/AGI 041?guid=6567941&chi1dren--true 6/18/2018 Town of Agawatn,_MA 0 Page 1 of 6 Town of Agawam, MA Monday, June 18, 2or$ Chapter 180. Zoning Article XV1. Opens Space Residential Development; Age - Restricted Housing, Low -Density Multifamily Community District § 18o-115. Residence A-5 Age -Restricted Housing District. [Added'q-3-2oo6 by TR-20o6-91111 A. Purpose. It is the purpose of this district to allow for greater variety and flexibility in the development of housing types and to facilitate theconstructionand maintenance of streets, utilities and public services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Age -restricted occupancy. The active adult community shall provide age -restricted housing; comprised of dwelling units limited to use and occupancy primarily by persons at least 55 years of age or older, who are able to maintain an active, independent lifestyle without the help of additional on -site support services. (1)Not more than three residents shall occupy any dwelling unit. (z) All occupants of a dwelling unit shall be age 55 or older except as follows: (a) A spouse or cohabitating partner of an occupant age 55 or older, (b) An occupant who survives his or her spouse or partner; (c) Not more than one child residing with his or her parent(s), provided that said child is 8 years of age or older, (3) The owner of the development shall publish and follow policies and procedures that demonstrate the intent to be housing for persons 55 and older, including federal Housing and Urban Development (HUD) rules for verification of occupancy. C. Application. (1) A site plan for an active adult community in conformance with § 180-13 shall be submitted to the Planning Board. The following additional information shall be required: (a) A development statement listing the development, team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floorarea), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. https;f/ecode360.com/print/AG1041 ?guid=8177352 6/18/2018 Town of Agawam, MA Page 2 of 6 (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the Agawam Subdivision Rules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This; study shall be performed by a,professiona engineer registered in the Commonwealth of Massachusetts. it may include, at the discretion of the Planning Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations, a description of impacts on local and regional traffic due to the development, including an area and for a build-outtimeperiod as prescribed by the Planning Board. Depending on the location of the proposed curb tut, existing traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial, development or by the;homeowners's association in the future. if, as a result of the traffic study, off -site traffic remediation is determined to be warranted, it shall be the responsibility of the project proponent. If the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage,, including the impact of the proposed design on the existing municipal utility infrastructure of the Town. (f) Marketing and management` information,: including unit selling prices, construction schedule, phasing schedule, and drafts of policies and procedures that demonstrate the intent to be housing for persons,55 and older. (z) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application for the following items: (a) Is consistent with the Master Plan of the Town of Agawam (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the use of the residents of said proposal; adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with the adjacent neighborhood and the Town; (c) Minimizes potential adverse environmental ;impacts upon the Town; (d) Is likely to result in a financially stable, soundly and attractively constructed and well managed and maintained project; and (e) Conforms to the specific provisions of this chapter, including the design guidelines of this section. (3) Said site plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above -listed criteria is met by said applicant. D. Use regulations. The following uses shall be permitted in an active; adult community: https://ecode360.com/print/AGI 041?guid=8177352 6/1`8/2018 Town of Agawam, MA 9 0 Page 3 of 6 O One -family detached dwellings. (2) Two-family detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the ;principal uses Listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. An active adult community shall comply with the following dimensional requirements: (1) Minimum parcel size. The total parcel shall have a minimum area of not less than io acres. (2) Minimum parcel frontage. The total parcel shall have a minimum frontage on a public way of at least 15o feet. (3) Front, side and rearyards. The minimum front yard (setback) shall be 25 feet from the interior paved way. The minimum front yard (setback) shall be 5o feet where it abuts a public way only. The side yard and rear yard requirements shall be 5o feet inclusive of.a landscaped buffer strip of not less than 15feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations intopography, natural "features and vegetation, or compatible land uses obviate the need for such a buffer. [Amended 12-4-2Oo6 by TOR-2oo6-12j F. Density regulations. The maximum number of dwelling units permitted within an active adult community shall be determinedby the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (1) Building character. The active adult community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of commonbuilding materials, color, exterior detailing, bulk andforrooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect:, (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect' privacy and create visual coherence. (b) Views, solar access and access to common open space in order to enhance an occupant's interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d)' Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) https://ecode360.com/print/AGI 041 ?guid=81773 52 6/18/2018 Town of Agawam, MA Page 4 of 6 Reduction of visual intrusion into abutting properties in order to protect existing character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents. Such facility may provide community space for mail, indoor recreation, meetings, and other functions held by the residents. H. Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. I. Minimum setbackdistancebetween buildings. The minimum setback distance between buildings shall be 30 feet. I Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. O Each dwelling in an active adult community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning Board's Subdivision Regulations. All utilities shall be placed underground. (z) All dwelling units shall be serviced by public water supply deemed adequate for fire protection and domestic use. (3) All dwelling units shall be connected to public sewers if available. if public sewers are not available, all dwelling units shall be serviced with on -site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution. Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high -efficiency, full -cutoff -shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation; requirements. (a) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. O Vehicular access to the active adult community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the active adult community shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off -street -parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit. Road widths and other factors will be evaluated when considering on -street parking. (5) https:l/ecode360.com/print/AG1041?guid=8177352 6/18/2018 Town of Agawam, MA 0 0 Page 5 of 6 The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exteriorstairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. (r) A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Board. (2) Wherever possible, existing trees ;and vegetative, cover shall be conserved and integrated into the landscape design. (3) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the active adult community which is not covered by buildings, roads, driveways,; parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (z) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least 1,000 square feet per dwelling: unit must be usable open space for active and passive recreation. [This amount may be included in the thirty -percent common open space requirement set forth in Subsection N(t) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space may defined to include land for community' gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities.. (3) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents: of all units in the development or by a membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual" restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions on development as the Planning Board may deem appropriate. Q. Community association. (1) An owners' association shall be established requiring membership of each unit owner in the active adult community. The association shall be responsible for the permanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application; guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses. Such agreement' shall be subject to the review and https.1/ecode360.com/print/AG1041?guid=8177352' 6/18/2018 Town of Agawam, MA 0 Page 6 of 6 approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Suchagreementsor covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition inaccordancewith the agreement, the Town may,. after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification. (a) As a condition of its approval, the Planning Board may permit a sign showing the project name to be permanently affixed at each entrance to the development, which shall "be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard street signs, and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessor's Office. Q. Enforcement. (i) As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof. (z)' Before any building permits are issued for buildings in a given phase, the developer may be required toprovide 'the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design. [] This resolution inadvertently placed § z8o-f iS into Art. XV. The section was reassigned to Art. XVl 124- 2oo6 by TOR-2oo&m https //ecode360.com/print/AG1041?guid=8177352 6/18/20'18 Tax Card Information Unofficial Property Record C6 0 Page 1 of i Unofficial Property Record Card - Agawam, MA General Property Data Parcel ID E6 1 1 Account Number Prior Parcel lD 6730 -- Property Owner REIDY THOMAS F JR Property Location 466 SOUTH WESTFIELD ST REIDY SHERRY M Property Use RESICOM Mailing Address 1362 MAIN ST Most Recent Sale Date 7/13/2012 Legal Reference 19346-213` City AGAWAM Grantor REIDY,MADELINE F Mailing State MA Zip 01001-2572 Sale Price 1 ParcelZoning AG Land Area 16.400 acres Current Property Assessment Building 18'400 Card 1 Value Xtra Features 28,500 Land Value 200600 Total Value 247,500 Value Value Building Description Building Style BUNGALOW Foundation Type CONCRETE Flooring Type HARDWOOD # of Living Units 1 Frame Type WOOD Basement Floor NIA Year Built 1890 Roof StructureHIP Heating Type STEAM Building Grade AVERAGE Roof Cover ASPHALT Heating Fuel OIL Building Condition Poor Siding CLAPBOARD Air Conditioning0% Finished Area (SF) 660 Interior walls PLASTER # of Bsmt Garages 0 Number Rooms 4 # of Bedrooms # of Full Baths 1 # of3/4 Baths # of V2 Baths 0 # of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 15.400 acres of land mainly classified as RESICOM with a(n) BUNGALOW style building, built about 1890, having CLAPBOARD exterior and ASPHALT roof cover, with 1 uni s , A rooms ,;2bedroomts t bath(s), 0 half bath(s). Property Images C�idO I Disclaimer: This information is believed to be correct but is subject to change and is not warranteed. http://agawarn.patriotproperties.com/RecordCard.asp 6/18/2018 0 Proposed Zone Change Submission by Applicant Department Q, f Public Works 1000 Suffield Street 9 ,Agawam, MA 01001 Tel (413) 821-0600 • Fax (413) 821-0631 Christopher J. Goiba Superintendent To: Planning Board CC. File flow: Engineering Division Date: June 21, 2018 Subject: Zone Change — 466 South Westfield Street — SP 625 Per your request, we have reviewed the Zane Change entitled: "Plan for Proposed Zane Change — Parcel ID: E6 1 1; 466 South Westfield Street, Agawam, MA; Prepared for: Victor Shibley and Kathleen Sweeney; Prepared by: Salvini Associates, LLC 59 West Silver Street, Westfield, MA; Scale: 1" = 80'; Date: 05/10/2018," and we have the following comments: L South Westfield: Street and Pine Street is scheduled to be reconstructed in the spring of 2019. The intersection alignment will be adJusted horizontally and vertically to improve safety and sight distance. Agawam Engineering has instructed their consultant to check the future sight distance at the intersection of Pine and South 'Westfield Streets. If the future sight distance is deemed to be adequate at that location on the west side of South Westfield Street, the entrance' to this project will need to be located directly across from the South Westfield and Pine Street intersection. 2. A traffic study and trip generation study is required for this project. Duc to the proposed future development in the area, a traffic signal may bewarrantedat South Westfield and Pine Street. Conduits will be installed as part of the Sprang 2019 State Transportation Improvement Project at this intersection to minimize pavement disturbance when/if a new signal is installed. Per Mayor Sapelli, if a signal is warranted, the cost of the signal will be shared amongst the future developers in the area. Percentage of costs will be based on tripgeneration. I For Rum design the developer shall make every effort to direct stormwater to the west away from South Westfield and Pine Streets. 4. The future design of this project mustmeet subdivision standards per Town Code Engineering reserves the right to make additional comments asnewinformation is submitted. Please, do not hesitate to contact our division with ;any questions or comments. Sincerely, Michelle C. VPJE Town Engineer + >P b- fIII VP v; InNI t..Bi 1; Town of Agawam Planning Board 36 Main Street, Agawam, Massachusetts 01001.1801 Tel. 413.726.9737 Fax 413-786 9927 MEMO TO: AGAWAM PLANNING BOARD FROM: OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT' SUBJECT: Zone Change — Reidy Property - 466 South Westfield Street DATE: ,Tune 1`8, 2018 On May 23, 2018, the Town received a zone change_ request on behalf of Thomas Reidy,11 and Sherry M. Reidy for property located at 466 South Westfield Street from Agricultural to Residence A-5 (Age Restricted Housing). This parcel contains approximately 15 acres of land and a house. An Amended request was submitted on June 141h to reflect the correct current zoning of the parcel: Residence A-2 and Agricultural. The Planning Office has conducted a review of this proposal and submits this report for your information. 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 UseandZoning As stated above, the property for which the zone change is being requested is zoned Residence A-2 and Agricultural. A copy of the zoning map for this area has been attached. The Assessor's Map shows that abutters to the property include: to the north are single family dwellings located on South Westfield Street; to the south is property owned by the Town of Agawam (part of the Tuckahoe property); to the west is farmland owned Schmaelzle as well as a 4.43 acre parcel of woodland owned by Andrea M. 11nicky Declaration of Trust as well as a single family house on a land locked parcel owned by Liquori (contains right of way to South Westfield Street); Linder the present Residence A-2 District the following uses are allowed: (Please refer to 180-23' of the Zoning Ordinance which is attached.) E 11 Single family residential (a second housekeeping unit is allowed by Special Permit) Office or studio of a dentist, artist, architect, professional engineer or teacher of scholastic subjects Renting of rooms for not more than four residents Schools for academic purposes Colleges, public libraries or museums, churches ♦ Private kindergartens or day nurseries ♦ Bus passenger stations or shelters Telephone exchange buildings Accessory buildings 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-1 District or A-2 Distriet. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice harvesting, activities and buildings or structures accessory thereto. 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. i 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. If the zoning is changed from Residence A-2 and Agriculture to Residence A-5, the following uses would be allowed: (please refer to § 180-115 of the Zoning Ordinance which is attached) Age restricted occupancy. Environmental Considerations The approximately 1.5 acre site is currently farmed. There is a stream located at the rear of the property with associated wetlands. A Determination of Applicability delineating the wetland resources and a Notice of Intent may be required prior to any construction being approved on this site. According to the Town's G1S, the property consists primarily of Wareham Loamy Sand and Merrimac Fine Sandy Loam. Other Considerations If the property was rezoned to Residence A-5, a traffic study will be required and a site distance study should be conducted to ensure that the traffic generated by the proposed development would not have a significant impact on South Westfield Street. PARCEL MAP ZONING MAP 0 0 Agawam Zoning Ordinance Sections 180-23180-3 7 and 180--115 Town of Agawam, MA 0 G Page 1 of 3 Town of Agawam, MA Monday, June 78, 2078 Chapter 18o Zoning Article III. Residence A-2 Districts § 18o-23, Permitted uses. In any Residence A-z 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 `ina Residence A-1 District. B. A one -family detached dwelling for one housekeeping unit only; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the'inspector of Buildings and if it deems such action wise and if it shall appear to the Board that such action will tend to preserve the standard and character of the neighborhood, may authorize a variation in the use of a one -family dwelling existing at the time of the adoption of this Article so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases the petitioner, as a condition precedent to the privilege herein granted, shall present: adequate planssetting; forth the changes and improvements to be made and shall have secured the written consent and approval of at least three of the following property owners: (1) The owner of the lot on either side of the petitioners property. (2) The owner of the lot adjacent in the rear of the petitioner's property. (3) The owner of the lot directly across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case written consent and approval shall be secured from the owner of the property next to that owned by the petitioner. in case there are two or more lots adjacent in the rear or sides of the petitioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed the owner of the lot; adjacent to the petitioner's property, as used in this section. In the case of an appeal 'for a variation involving a dwelling situation on a corner lot or so located that the obtaining of the exact numerical assents of the owner above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substantially in accordance with -the principals herein set forth as may be determined by the Board of Appeals. The power to authorize such variation of the use of existing dwellings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested will not be detrimental to the best interests of the vicinity and will be in harmony with the general purpose and intent of this chapter. Each case shall be considered on its own merits, and no case shall raise a presumption in favor https://ecode360.com/print/AG1041?guid=6567849 6/18/2018 Town of Agawam, MA 0 0 Page 2 of 3 of any other case. No decision of the Board of Appeals shall be considered as changing or affecting the zoning of any Residence A-2 District.; C. The office or studio of a dentist, artist, architect, professional engineer or teacher of scholastic subjects residing on the premises or a beauty parlor wherein one of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed 20% of the total floor area of the dwelling, exclusive of the basement. No display, sign or other advertising devise shall be permitted except an interior illuminated, reflective or nonilluminated professional nameplate having an area of not more than 144 square inches. The studios or offices of dancing or music teachers, photographers, masseurs, veterinarians, riding schools and other similar businesslike pursuits are prohibited. D. The renting of rooms and the furnishing of table board to not more than four resident persons in dwelling; occupied as a private residence. No display, sign or other advertising device, illuminated or otherwise, shall be visible from the street except a nonilluminated announcement sign having an area of not more than 144 square inches:: 1=. Schools for academic purposes only and community center buildings, except dancing or bowling and like activities, provided that there is no display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges, public libraries or museums, churches or other places of worship, parish houses and Sunday school buildings. G: Private kindergartens and day nurseries conducted in otherwise permitted buildings in this district, provided that not more than 25% of the floor area of the building, exclusive of the basement, is used primarily for this purpose. H. Bus passenger stations or shelters, not including repair service or garaging. 1. Telephone exchange buildings. I Accessory buildings and uses customarily incident to any use permitted in this section, provided that such use shall not be offensive or dangerous to life by reason of health or fire, and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated, reflective or nonilluminated announcement sign having an area of not more than 144 square inches may be displayed. K. The keeping and raising of poultry, livestock and pigeons, whether for the table or other purposes, or other like objectionable uses are prohibited. L. Private garages, provided that no business, service or industry is conducted therefrom or therein. Not more than one motor vehicle for each 5,000 square feet of lot area or fraction thereof, nor more than five motor vehicles, not more than one of which may be unregistered, shall in any case be kept on the premises. Only one such vehicle may be a commercial vehicle and of not more than 3/4 ton's weight of capacity. Space for motor vehicles shall not be leased or rented for commercial vehicles. No commercial vehicles shall be parked on a lot in the open. These space regulations shall apply to vehicles regularly left on the lot, whether housed or in the open.. M. Not more than one rhouse trailer maybe keptonthe premises. The trailer shall not be used for living quarters while so located. Space shall not be leased or rented for trailers. M https://ecode360.com/print/AG1041?guid=6567849 6/18/2018 Town of Agawam, MA 0 0 Page 3 of 3 Uses outlined in § 180-37B and C, when the line separating a Residence A-2-District from an Agricultural District runs through a'property not being used for agricultural purposes so that the future use of the whole property for agricultural purposes would be prohibited. https://ecode360.com/print/AG1041 ?guid=6567849 6/18/2018 TownofAgawam, MA 0 0 Page 1 of 3 Town of Agawam, MA Monday, June 78, 20r8 Chapter 180. Zoning Article VII. Agricultural Districts § 18o-37 Permitted uses. 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-1 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 processingwood 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 2-20-20oi by TOR-2ooi-1] § 18o-38. Height regulations. Buildings or structures permitted in this zone under §-180-37Ashall 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. § 18o-39. Setback 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 yoo feet from the street line. https://ecode360.com/print/AG1041?guid=6567941&children--true 6/ 18/2018 Town of Agawam, MA 0 0 Page 2 of 3 § 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 afrontage of less than 120 feet on a street or an area of less than 20,000 square feet. § 18o-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 ioo 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, zoo 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 highfrom the ground level. Not over 25% of the land shall be used for building purposes. C. 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 to acres, must have a one -hundred -foot front yard and fifty-footyards 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. 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 https://ecode360.com/print/AG 1041 ?quid=6567941 &children=true 6/ 1 SL2018 Town of Agawam, MA Page 3 of 3 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 fivemotor 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. https:/Iecode360.com/print/AGI 041?guid=6567941 &children=true 6/ 18/2018 Town of Agawam, MA Page I of 6 Town of Agawam, MA Monday, June 78, zoT8 Chapter 180. Zoning Article XVI. Open Space Residential Development; Age Restricted Housing; Low -Density Multifamily Community District § 18o-115. Residence A-5 Age -Restricted Housing District. [Added 4-3-2oo6 by TR-20o6-91111 A. Purpose. It is the purpose of this district to allow for greater variety, and flexibility in the development of housing types and to facilitate the construction and maintenance of streets, utilities and public -services in a more economical and efficient manner while at the same time conserving important natural site features and permanently preserving open space. B. Age -restricted occupancy. The active adult community shall provide age -restricted housing comprised of dwelling units limited to use ,and occupancy primarily by persons at least 55 years of age or older, who are able to maintain an active, independent lifestyle without the help of additional on -site support services. (7) Notmorethan three residents shall occupy any dwelling unit. (z) All occupants of a dwelling unit, shall be age 55 or older except as follows: (a) A spouse or cohabitating partner of an occupant age 55 or older (b) An occupant who survives his or her spouse or partner; (c) Not more than one child residing with his or her parent(s), provided that said child is 18 years of age or older. (3) The owner of the development shall publish and follow policies; and procedures that demonstrate the intent to be housing for persons 55 and older, including federal Housing and Urban Development (HUD) rules forverification of occupancy. C. Application. (1) A site plan for an active adult community in conformance with § 180-13 shall be submitted to the Planning Board. The following additional information shall be required: (a) A development statement listing the development team, setting forth the development concept, including in tabular form the number of units, type, size (number of bedrooms, amount of living space, gross floor area), ground coverage and summary showing the area of residential development and common open space as a percentage of the total area. https //ecode360.con-/print/AG1041?guid=8177352 6/18/2018 Town of Agawam, MA 0 Page 2 of 6 (b) A development site plan of the entire tract in accordance with the requirements of this section and meeting, to the extent applicable, the requirements set forth for a definitive plan in the: Agawam SubdivisionRules and Regulations. (c) Architectural rendering of the site plans and typical structures, including floor plans and elevations. (d) A traffic study will be required. This study shall be performed by a professional engineer registered in the Commonwealth of Massachusetts. It may include, at the discretion of the Planning; Board, analysis of existing and proposed traffic conditions, driveway design, traffic signal warrant analysis, parking lot size and layout recommendations,;a description of impacts on local and regional traffic due to the development, including an area and for a build -out time period as prescribed by the Planning Board. Depending on the location of the proposed curb cut, existing traffic characteristics and the volume of traffic generated by the proposal, a traffic signal may be warranted at one or all points of access. Any traffic control devices to serve the development would be designed, funded, and constructed by the project proponent at the time of the initial development or by the homeowners's association in the future. If, as a.result of the traffic study, off -site traffic=remediation is determined to be warranted, it shall be the responsibility of the project proponent. if the number of parking stalls required in the parking analysis exceed the number required in the Town Code, the larger number shall be required. (e) An engineering report regarding the adequacy of sewage disposal, water supply and stormwater drainage, including the impact of the proposed ;design on the existing municipal utility infrastructure of the Town. (f} Marketing and management information, including unit selling prices, construction schedule, phasing schedule, and drafts of policies and procedures that demonstrate the intent to be housing for persons 55;and older. (2) Said application shall contain sufficient information so that the Planning Board can determine the applicability of said application' for the following items: (a) Is consistent with the Master Plan of the Town of Agawam; (b) Preserves and protects the character of the Town and especially the immediate neighborhood, giving due consideration to such features as public safety, including traffic control and traffic impact upon surrounding roads; development of adequate facilities for the useofthe residents of said proposal; adequate fire protection, public health including sewage disposal, drainage and water supply; and the compatibility of the size, location, architecture and landscaping of said project with the adjacent neighborhood and the Town; (c) Minimizes, potential adverse environmental impacts upon the Town; (d) is likely to result in financially stable, soundly and attractively constructed and well managed and maintained protect; and (e) Conforms to the specific provisions of this chapter, including the design guidelines ;of this section. (3) Said site, plan approval shall not be issued unless the Planning Board affirmatively determines that each of the above -listed criteria is met by said applicant. D: Use regulations. The following uses shall be permitted in an active adult community: https:Hecode360.com/print/AG 1041 ?guid=8177352 6/18/2018 Town of Agawam, MA 0 0 Page 3 of 6 (1) one -family detached dwellings. (2) Two-family detached dwellings. (3) Recreational uses and community facilities, such as parks, gardens, swimming pools, tennis courts, clubhouses and community buildings. (4) Accessory uses customarily incidental and subordinate to the principal uses listed above, but expressly excluding any commercial or retail enterprises. E. Dimensional requirements. An active adult community shall comply with the following dimensional requirements: O Minimum parcel size. The total parcel shall have a minimum area of not less than to acres. (z) Minimum parcelfrontage. The total parcel shall have a minimum frontage on a public way of at least 15o feet. (3) Front, side and rearyards The minimum front yard (setback) shall be<25 feet from the interior paved way. The minimum front yard (setback) shall be,5o feet where it abuts a public way only. The side yard and rearyard requirements shall be 5o feet `inclusive of landscaped buffer strip of not less than 15 feet and shall pertain only to the periphery of the development. Additional buffering may be required in sensitive areas at the discretion of the Planning Board. The Planning Board may modify or waive the buffering requirement where variations in topography, natural features and vegetation, or compatible land uses obviate the need for such a buffer. [Amended 12-4-2oo6 by TOR-zoos-12] F. Density regulations. The maximum number of dwelling units permitted within an active adult community shall be determined by the Planning Board to assure compliance with the purpose and intent of these regulations, and in any event shall not exceed an average of four units per acre of usable land area. G. Building requirements. (i) Building character. The active adult community shall be an architecturally integrated development. An architectural theme shall be carried out by the use of common building materials, color, exterior detailing, bulk and/or rooflines. Design characteristics shall be stated in the development application and shall include, but not be limited to, building materials, architectural design, and street furniture, which shall require Planning Board approval. (2) Building location. Building location and orientation shall reflect: (a) The relationship to street line and to other buildings in the development if in close proximity, in order to protect privacy and create visual coherence, (b) Views, solar access and access to common open space in order to enhance an occupant's interest. (c) Organization of large developments into recognizable subareas in order to provide scale and identity. (d) Avoidance of major topography changes and destruction of significant natural site features, including removal of native trees or vegetation, in order to preserve and protect the environment. (e) https://ecode360.com/print/AG1041?guid=8177352 6/18/2018 Town of Agawam, MA 0 Page 4 of 6 Reduction of visual intrusion into abutting properties in order to protect existing - character to the extent practicable. (3) Community facility. Unless waived by the Planning Board, the development shall establish a community room or facility for use by the residents. Such facility may providecommunity space for mail, indoor recreation, meetings, and other functions held by the residents. H. Maximum building height. The maximum height of structures shall be two stories or 35 feet above the ground. Minimum setback distance between buildings. The minimum setback distance between buildings shall be 30 feet. I Stairways. All egress stairways are to be contained within the building structure proper. K. Utilities. (1) Each dwelling in an active adult community shall be provided with access drainage and utilities that are functionally equivalent to that provided under the Planning; Board's Subdivision Regulations. All utilities shall be placed underground. (z) All dwelling units shall be serviced by a public water supply deemed adequate for fire protection and domestic use, (3) All dwelling units shall be connected to public sewers if available. if public sewers are not available, all dwelling units shall be serviced with on -site sewage disposal systems which shall be designed to meet the requirements of approval from the Agawam Board of Health and/or the Massachusetts Department of Environmental Protection as necessary. (4) All outdoor lighting in the development shall be designed to improve visibility, safety and a sense of security while minimizing energy use, operating costs, glare and light pollution. Outdoor lighting shall be designed to prevent misdirected or excessive artificial light. Building areas shall not be floodlit. Roadways, parking areas, walkways and other public areas shall be illuminated only by properly positioned, high -efficiency, full -cutoff -shielded lighting fixtures not higher than 15 feet in height. L. Parking and circulation requirements. (1) There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking. (z) Vehicular access to the active adult community shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an additional access may be required. (3) All roads within the active adult community shall be privately owned and maintained and shall be designed with sufficient width, suitable grade and adequate; construction to safely provide for the needs of vehicular traffic generated by the development. Access roads shall be designed and constructed according to the requirements of the Agawam Subdivision Rules and Regulations or as otherwise modified by the Planning Board. (4) Garages or off-street parking spaces, or a combination thereof, shall be provided for all occupants, employees, and visitors, and shall be not less than two garage spaces per dwelling unit. Road widths and other factors will be evaluated when considering on -street parking. (5) https-//ecode360.com/print/AG1041?guid=8177352 6/18/2018 Town of Agawam, MA 0 0 Page ,5 of 6 The development shall be served by sidewalks in accordance with the Planning Board Subdivision Rules and Regulations. The use of exterior stairs and raised curbing in areas where there will be pedestrian activity shall be minimized. M. Landscaping requirements. O A coordinated landscape design for the entire project area, including landscaping of structures, parking areas, driveways and walkways, and buffer strips shall be submitted for approval by the Planning Board. (z) Wherever possible, existing trees and vegetative cover shall be conserved and integrated into the landscape design. (3) Proper maintenance of the landscaping, including the buffer strip, shall be the responsibility of the owner, and shall be a condition of conformance with the Zoning Bylaws. N. Common open space requirements. (1) All land within the active adult community which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the :common open space shall equal at least 30% of the total area of the active adult community tract. Such land shall have a shape, dimension,. character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by all the residents of the development. (2) Suitable and usable outdoor recreational area or areas shall be provided for the use of tenants. At least:1,000 square feet per dwelling unit must be usable open space for active and passive recreation. tThis amount may be included in the thirty -percent common open space requirement set forth in Subsection N(1) above.] Such space shall not include wetlands as determined by the Conservation Commission. Usable open space maybe defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools or similar facilities. (3) Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities shall be prohibited. (4) Provision shall be made so that the common open space shall be owned in common and readily accessible to the owners and residents of all units in the development or by membership corporation, trust or association whose members are the owners and residents of the units. In all cases the common open space shall be subject to a perpetual restriction running to or enforceable by the Town which shall be recorded in respect to such land. Such restriction shall be in such form and substance as the Planning Board shall prescribe, and may contain such additional restrictions andevelopmentas the Planning Board may deem appropriate. 0. Community association. (1) An owners' association shall be established requiring; membership of each unit owner in the active adult community. The association shall be responsible for the permanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement or covenant shall be submitted with the application guaranteeing the continuing; maintenance of such common utilities, land and facilities, assessing each unit share of maintenance expenses. Such agreement shall be subject to the review and https:Hecode360.com/print/AGI 041 ?guid=8177352 6/18/2018 Town of Agawam, MA 0 Page 6 of 6 approval of Agawam legal counsel and the Planning Board and shall be recorded in the Hampden County Registry of Deeds. (2) Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, -enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and to prevent the common land from becoming a public nuisance. The - covenants shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development. P. Project identification. (1) As -a condition of its approval, the Planning Board may permit a sign showing the project - name to be permanently affixed at each entrance to the development, which shall be designed to be compatible with the character of the development and the surrounding neighborhood. Each sign shall be of a size and design to be approved by the Planning Board, provided that no such sign shall exceed 32 square feet in size. (2) All streets shall be posted with standard streetsigns,; and all street names shall be approved by the Planning Board. Dwelling units shall be assigned street numbers as assigned by the Assessor's Office. Q. Enforcement. (1) As a condition of itsapproval, the Planning Board may establish time limits for any development or phases thereof. (2)' Before any building permits are issued for buildings in a given phase, the developer may required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements. R. Waivers. The Planning Board may waive or modify any requirement of this section for compelling reasons of safety, aesthetics or site design. [i ] This resolution inadvertently placed § 18o-r16 into Art. XV The section was reassigned to Art. XV! 12-4- 2oo6 by TOR-2oo6-m https:l/ecode360.corn/print/AG1041?guid=8177352 6/18/2018 Tax Card Information Proposed gone Change Submission by Applicant 0 DANIEL P. GARVEY Ahm" at 73 Chwtnut SbVei WngTieta, AAA 01103 Telephone (413)`731-9990Facsimile (413) 731-1302 Email Address: damelprvey@venzon.net Mr. Christopher Johnson, President Agawam Town Council 36 Main Street Agawam,. Massachusetts 01001 Re: P n for Zone Ch e 466 South Westfield Street Agawam, Massachusetts 01101 Parcel ID:- E61 1 Dear Mr. Johnson and Councilors Please accept this amendment to the zone change petition filed by this office on behalf of Thomas F. Reidy '11 and Sherry'M. Reidy regarding an approximately fifteen acre parcel of property commonly known as 466 South Westfield Street, Agawam, Hampden County Massachusetts (Parcel ID: E6 1.1 ). This amendment shall serve as formal notice of a revision to our original petition correeting the current zoning of the subject property fi m_Agr culunal only to both RA-2 and Agricultural zoning. As always, if you have any questions or need any additional information, please feel 'fig contact me at your earliest convenience. A;AWAMCITY t3UNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 413-726-9716Office 413-726-971'Fax 1)tiviv.cr awam.ma.us COUNCIL. PRESIDENT Christopher C. Johnson COUNCIL VICE PRESIDENT Cecilia P. Calabrese COUNCILORS George Sitzas— Paul C Cavallo -- Gina 1I Letellier RobertA. Magovern — Dino R. Mercadante Joseph Mineo - Robert F. Rossi Rosemary Sandlirr - ,4nthonv R_ .5'ttffi' ti ADMINISTRATIVE ASSISTANT— Barbara ,4. Bard board d- _wam.ma.us June 6, 2018 Agawam Planning Board Town Hall 36 Main Street Agawam, MA. 01001 Re: ZC-2018-2 Dear Members of the Agawam Planning Board: The Agawam City Council has referred the following item to the Planning Board for your recommendation and public hearing- ZC-2018-2 Petition for Zone Change by Owners, Thomas F. Reidy II and Sherry M. Reidy for property located at 466 South Westfield Street from Agricultural to an Age Restricted Housing District (Residence A-5) Please note that the City Council has set their Public Hearing for July 9, 2018. If you .have any questions, please do not hesitate to contact me. Sincerely, 5 Christopher C. Johnson, P e dent Agawam City Council CCJ/bb CC' Full Council k a 1 V Mayor Solicitor J U N 0 8 2018 Planning. l{tr it«+q i4-0 PLANNING BOARD 2 11 36 Main Street, Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 June 6, 2018 Dear Abutter: Thomas F. Reidy II and Sherry M. Reidy have submitted to the Town a zone change request for 466 South Westfield Street (Parcel ID E6-1-1) from Agricultural to Residence A5 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, June 21, 2018 at;6:15 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely, i Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRP:prk 0 0 D6 11 E6`2 7 E5 1 5 ANDREA M ILNICKY AYKANIAN-MORIN GAIL A CZERPAK JOSEPH A 109 WHITELOAF RD 437 SO WESTFIELD ST 636 SOUTH WESTFIELD ST SOUTHAMPTON, MA 01073 FEEDING HILLS, MA 01030- FEEDING HILLS, MA 01030- E5 1 '1 E5 16 E6 2 8 CZERPAKJOSEPH A DAVIS MICHAEL C DEPALMA RALPH 636 SO WESTFIELD ST 582 SOUTH WESTFIELD ST 36 CANTERBURY LN FEEDING HILLS, MA ;01030- FEEDING HILLS, MA 01030- FEEDING HILLS, MA 01030 E625 D613 E626 DZYUBENKO SERGEYHINSDALE SMITH CO JACOBS ASHLEY E 417 SOUTH WESTFIELD ST REAR SOUTH WESTFIELD 5T 425 SOUTH WESTFIELD ST AGAWAM, MA 01001 FEEDING HILLS, MA 01030 FEEDING HILLS, MA 0I030 D5 12 E6' 14 E6 1 1 LIQUORI PASQUALE J MOORE DONALD G REIDY THOMAS F JR 347 SOUTH ST 418 SOUTH WESTFIELD ST 1362 MAIN ST AGAWAM, MA:01001 FEEDING HILLS, MA 01030- AGAWAM, MA 01001-2572 E6'1 7 D6 12 E6' 18 SCHMAELZLE MARY'R L1T SCHMAELZLE PAUL SCHMAELZLE PAUL,G 400 SOUTH WESTFIELD ST 400 SOUTH WESTFIELD ST 400 SOUTH WESTFIELD ST FEEDING HILLS, MA 01030- FEEDING HILLS, MA 01030- FEEDING HILLS, MA 01030- E6 13 D5 1 I E6 2 4 THOMAS;MEREDITH ANN TOWN"OF AGAWAM WANIEWSKI HENRY P 422 SOUTH WESTFIELD ST 36 MAIN ST 397 SOUTH WESTFIED ST FEEDING HILLS, MA 01030 AGAWAM, MA 01001-1837 FEEDING HILLS, MA 01030- E6 12 WETHERELL WAYNE P 430 SOUTH WESTFIELD ST FEEDING HILLS, MA 01030 AGAVAM FIREDEPAW,-MENT 800 MAIN STREET, AGAWAM, MA 01001 TELEPHONE (413) 786-0657 FAX (413) 786-1241 ALAN SIROIS, CHIEF OF DEPARTMENT afdchief@agawamma.us FRANK MATUSZCZAK, DEPUTY CHIEF afddeputy@agawam.ma.us JACOB N. G. DUSHANE, FIRE INSPECTOR afdinsp@agawam.ma.us May 29, 2018 Plan Review For: 466 South Westfield Street Feeding Hills, Ma 01030 Dated May 10, 2018 Prepared by Salvini Associates, LLC. Planning Board Members; I have reviewed the plan submitted before you for the proposed zone change at 466 South Westfield Street. Should this be approved there will be many more plans and documents to come and a time to discuss them. Therefor: At this time,_I have no concerns about this project and it has fire department approval. If there are any questions please contact this office. Fire prevention is everyone's responsibility. Lt. Jacob N.G. Dushane Fire Inspector afdinsp n agawam.ma.us (413) 786-0657 EXT 8883 LI LI Pamela Kerr From: Kathleen Auer Sent: Monday, June 4, 2018 1:46 PM To: Marc Strange; Pamela Kerr Cc: Amanda Boissonneault Subject: Zone Change 466 S. Westfield Street Good afternoon, I have reviewed the proposed zone change for the referenced property. Please pass along the fallowing comments to the Planning Board for their consideration. • As an alternative to more development, please consider working with a local land trust, or other land conservation groups to optimize the use of the remaining open space. The best route to clean water, clean air and a healthy environment is the protection of vulnerable areas. • If the condominium development were to move forward, the availability and capacity of public utilities such as sewer and water must be taken into account. • Do the local streets have the ability to accommodate the added traffic? The road is narrow there and heavily traveled and the line of site is poor. Kathleen E. Auer RS, CHO Health Agent/ Sanitarian Town of Agawam 36 Main Street Agawam, MA-01001 Phone 413-726-972`1 Fax 413-726-9723 6 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, June 21, 2018 at 6.00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Reidy on a zone change request for 466 South Westfield Street, Parcel ID E6-1-1, from Agricultural to Residence A-5 (Age Restricted). 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: Murk R. Paleologopoulos, Chairman Agawam Planning Board (Ad to be: run 6/7/18 & 6/14/18) 1 cc: Planning Boards of Southwick Springfield West Springfield Westfield . Suffield,; CT PVPC Dept. Of Housing & Community Development June 7, 2018 1 AGAWAM ADVERTISER NEWS I Page 13 final goal in the victory while midfielder Brenna Brown was credited with two assists. New England goalkeeper Lysianne Proulx continued her rack -solid play in net, rnak- ing;seven saves. With a 2-1-1 record, the Mutiny are now in second place behind con- ference leader Connecticut Fusion (3-1) in the UWS ;East race. The top two teams in the East will 'battle it out for the spot in the four -team United Women's Soccer- Champion ship, July 20-22. New England is back in action at Agawam High at 5:30 p.m. Saturday, June 9, against the New York Surf.- The two teams split their series last season as both won their respective home games. This will be the only match between there in 2018. Tickets are $6 for adults,,$4 for youth. The last time the Mutiny played in Agawam was almost exactly seven years ago, June 4, 2011, defeating the now -de- funct Albany Alleycats by a 2-0 score via goals from Erin Clark and Hillary Lackmann. PHOTOS BY DAVID HENRY 1 WWW.SWEETDOGPHOTOS.COM We're hoping for a 4 or 5 seed." A turning point for the Brownies was their win over Northampton (17-3). Trailing 6-0, they came back with a sev- enth inning rally to defeat the Blue Devils 8-6. "We're holding our own," Georgina said. ".We're in it to win it:' Three hitbatsmen, two er- rors and a hitbyGianna Boyle were the key' developments in the five -run fourth. Then Bates crushed a homer in the fifth and later, O'Connell's ringing double contributed add -on runs. Other than the third, Aga- wam scored in every inning. Now the playoffs await. CURRAN 1 from page 2 little but it never changed his mindset. "Kind of just trusting my leg that it's healthy and I'll be fine" Curran said, "Just getting over the mental hurdle of all that" Curran has been cleared since Janu- ary 2018. Since being back, Curran has seen 179 at -bats, batting .257, which is his best since 2016, when he averaged .283. He also has ;shown some power, with 10 home runs and 11 doubles. He driven in 36 runs and scored 30. His OPS is currently .813. He has -spent time at first base and designated hitter,: with 33 of his 48 games played at first base. On Tuesday, 'Curran was named to the Northern Division team in the South Atlantic League All -Star Game, to be held June 19 in Greensboro, N.C. He ranks third in the Single -A "Sally League" in home runs and RBI. After playing 2015 and 2016 in Rook- ie and Class A Short Season leagues — lower levels than full -season Single -A — Curran learned a lot from being out of action for year. "You are always going to have doubts coming back whether you will be the same player or if this is a career -ending injury," Curran said. "Luckily it wasn't anything serious, there was no ligament damage, it was justmy knee.cap." That meant a speedy recovery,which Curran appreciated. "Honestly, [1] feel like I came back a better person just because of the mental side of the game, Curran said. "Before, I took baseball for granted, just because I didn't really hit too many bumps in the road growing up' In baseball or in any sport, the peo- ple who you choose to surround your- self with are everything. "I have a good support system with my agent, my men- tal'health coach, and my family really he w =rough the whole prig- cess" Curran said. "This injury made me value friendships and relationships with other people" Overall, Curran has different out- look on baseball and life after the injury. "Baseball is something I do; it doesn't define me Curran said. "Getting draft- ed out of high school, I thought I needed to be this kid who was great at sports, and I let my accomplishments take over my identity" Injuries can either break or make an athlete, but for Curran the injury meant more to him than just being sidelined. . "If you don't have good people around you man it's hard to be success- ful" Curran said. "I'm just playing to play now. Sports WOMEN'S;SOCCER Mutiny victorious in Agawam homecoming After dropping their first loss of the season to the ex- pansion Worcester Smiles last weekend on the road, the New England Mutiny wanted to gain; a measure of revenge but also make; the rematch a lot less dramaticon Saturday night at Agawam High School. Worces- ter's 1-0 victory over New En- gland for jM first -ever franchise win was a kick in the shins for an organization that is always striving for 'conference titles, and they wanted to get back on track in as straightforward a Near rigK Sophle Chdsantho- polous ilelds a grounder on the run In Agawam's regular season frnale against East Longmeadow. ,.,,, , - ' For right, Mia Parella prepares to receive the hall and get the aid at first. SOFTBALL 1 from page 12 freshman, Ross. She allowed six hits while striking out seven. Her poise on the mound belied her youth; once the Brownies surged comfortably to a lead, which grew from 7-2 to 11-3, she adapted and varied her ap- proach. Her aunt Angela Ross was a relief pitcher at Fitchburg State. Both she and Sarah Ross's father have been mentors. "I was a little wild in the beginning; Ross said. "But my teammates gave me a little cushion. So I was able to nar- row it down. I am a freshman and there are nerves. But I think I'llhave nerves when I'm a senior. So that isn't a factor for manner as possible. Captain Kate Howarth scored in the fifth minute of play' and the Mutiny never looked back as they cruised to a comfortable 4-0 win over the Smiles on June 3 in the team's first home game at Agawam High since the 2011 season. Syracuse University star Sydney Brackett notched two goals and an assist— including her -sec- ond tally just two minutes into the second half — to ice the result- on a muggy and warm evening. Howarth scored the me. I'just love pitching9 - The Brownies have been a comeback story of ° sorts. Plagued with problems at the plate,"they started the season 14. But eight straight wins put them 6h course. "Today was a good win for us. We were off a week. But we ha&some strong practices. Our advertisers make this publication possible. Let them know you saw their ad in the Agawam Advertiser —. -1 P, f. Amok 6AAM00h/k■ 1 Page 14 1 AGAWAM ADVERTISERNEWS I June 7, 2018 Public Notices LEGAL NOTICE- 6/07/18 TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public Commonwealth of hearing on Thursday, June Massachusetts 21 2018 at '6:00 PM at the The Trial Court Agawam Public Library, 750 Probate and Family Court Cooper Street; Agawam, 50 State Street MA. The purpose of this Springfield, MA -01103 hearing will be to hear the Docket No. RD17PO959PM petition of Reidy on a zone In the Interests of: change request for 466 South Loretta T Kenz Westfield Street, Parcel ID Of- Chicopee, MA E6-1-1, from Agricultural RESPONDENT to Residence A-5` (Age Incapacitated Person/ Restricted). Copies of the Protected Person proposed zone change can be CITATION GIVING obtained from the Agawam NOTICE OF PETITION Planning Office between FOR REMOVAL OF the hours' of 8:30 AM and CONSERVATOR 4:30 PM in the Agawam To the named Respond - Town Hall, 36 Main Street, ent and all other interested Agawam, MA. BY ORDER OF: persons, a petition has been Mark R.Paleologopoulos, filed by. Jean Dempsey of Chairman Fairfield, PA in the above Agawam Planning Board captioned matter request- 6/07, 6114118 ing that the court: Remove the Conservator of the Respondent. Commonwealth of The petition asks the Massachusetts court to make a determina- The Trial Court tion that the Guardian and/ Probate and Family Court or Conservator should be Hampden Division allowed to resign; or should 50 State Street be removed for goad cause; Springfield, MA 01103 or that the Guardianship and/ (413)748-8600 or Conservatorship is no lon- DocketNo. HD18P0981EA ger necessary and therefore Estate of- should be; terminated. The Joanne Marie Bovat original petition is on file Date of Death: with the court. February 16, 2018 You have the right to INFORMAL PROBATE object to this ;proceeding. PUBLICATION NOTICE If you wish to do so, you To all persons interested or your attorney must file a in the above captioned estate, written appearance at this by Petition. of Petitioner court on or before 10:00 Ronald J Bovat of Agawam a.m. on the return date of MA, a Will has been admit- 06/27/W18, This day, is NOT ted to informal probate, a hearing date, but a deadline Ronald: J Bovat of date by which you have to Agawam MA has been file the written appearance informally appointed as the if you object to the petition. Personal Representative of If you fail to file the writ - the estate to serve without ten appearance by the return surety on the bond. , date, action may be taken in The estate is being admin- this matter without further istered under informal pro- notice' to you. In addition to cedure by the Personal Rep- filing the written appearance, resentative under the Mass- you or your attorney must achusetts Uniform Probate file a written affidavit stating Code without supervision the specific facts and grounds by the Court, Inventory and of your objection within 30 accounts are not required to days after the return date. be filed with the Court, but IMPORTANT NOTICE interested parties are enti- The outcome of this';pro- tled to notice regarding the ceeding may limit or com- administration from the pletely take away the above - Personal Representative named person's right to make and can petition the Court decisions about personal in any matter relating to the affairs or financial affairs or estate, including: distribu=, both: The above -named per- tion of assets andexpenses son has the right to ask fora of administration. Interested lawyer. Anyone may make parties are entitled to petition this request on behalf of the the Court to _institute formal above -named person. If the proceedings and to obtain above -named person -cannot orders terminating or restfict- afford a lawyer, one may be- ing the powers of Personal appointed at State expense. Representatives appointed Witness, Hon. Barbara under informal procedure. A M Hyland, First Justice of copy of the Petition and Will, this Court. if any, can be- .obtained from Date: May 30, 2018 the Petitioner. Suzanne T. Seguin Register of Probate this matter without further; under informal procedure. A 6/07/18 notice to you. In addition to copy of the Petition and Will, filing the written appearance, if any, can be obtained from you or your attorney must the Petitioner. Legal Ad file a written affidavit stating 6/07119 AGAWAM the specific facts and grounds CONSERVATION of your objection within 30 COMMISSION days after the return date. Commonwealth of The, Agawam Conserva- IMPORTANTNOTICE Massachusetts lion Commission will hold a The outcome of this pro- The Trial Court public hearing on Thursday, needing may limit or com- Hampden Probate and June 14, 2018 at 6:00 PM at pletely take away the above- Family Court the Agawam Public Library, . named;person's right to make 50 State Street 750 Cooper Street, Agawam, decisions about personal Springfield, MA 01103 MA. The purpose of this affairs or financial affairs or (413)748-7758 hearing will be to hear the both. The above -named per- Docket No. RDISP1024EA petition of DePalma for an son has the right to ask for a Estate of. Amendment to the Order of lawyer. Anyone may make- Paul P Pacewicz Conditions for the work on this request on behalf of the Date of Death: 03/22/2018', South Westfield Street, sub- above -named person. If the CITATION ON ject to the Massachusetts above -named person cannot PETITION FOR Wetlands Protection Act. afford a lawyer, one tnay'be FORMAL By Order of appointed at State expense. ADJUDICATION Henry A. Koxloski, Witness, Hon, Barbara To all interested persons: Chairman M Hyland, First Justice of A Petition for Formal AGAWAM this Court. Appointment of Personal CONSERVATION Date: May 30, 2018 Representative- has been COMMISSION Suzanne T. Seguin filed by Carolyn J Taylor 6/07/18 - Register of Probate of Southwick MA requesting 6107118 that the Court enter a formal Decree and Order and for Commonwealth of such other relief as requested Massachusetts Commonwealth of in the Petition. The Trial Court Massachusetts The Petitioner requests Probate and Family Court The Trial Court that: Carolyn J Taylor of 50 State Street Probate and Family Court Southwick MA be appoint - Springfield, MA 01103 Hampden Division ed as Personal Representa- Docket No. HD16P1189GD 50 State Street tive(s) of said estate to serve In the Interests of Springfield, MA 01103 Without Surety on the bond Loretta .TKenz (413)748-8600 in an unsupervised admin- Or- Agawam, MA Docket No. HD18PI058EA istratiort. RESPONDENT Estate of: IMPORTANT NOTICE Incapacitated Person( Patricia Ann Mereadante You have the right to Protected Person Also Known As: obtain a copy of the Petition CITATION GIVING Patricia A. Mereadante from the Petitioner or at NOTICE OF PETITION Date of Death: the Court. You have a right FOR REMOVAL OF January 25,2018 to object to this proceed - GUARDIAN OF AN INFORMAL PROBATE ing. To do so, you or your INCAPACITATED PUBLICATION NOTICE attorney must file a written PERSON To all persons interested . appearance and objection To the named Respond- in the above captioned estate, at this Court before: 10:00 ent and all other interested by Petition of Petitioner a.m. on the return day of persons, a petition has been. Keith J. Mercadante of Feeding Hills MA, a Wil"I has 0612212018 This is NOT a hear - filed by; Jean`Demsey of been admitted to informal ing date, but a deadline by Fairfield, PA in the above probate. which you must file a written captioned matter requesting Keith J. Mercadante of appearance and objection if that the court: Remove the Feeding Hills MA has been you object to this proceed - Guardian of the Respondent informally appointed as the ing. If you fail to file a time - The petition asks the Personal Representative of ly written appearance and court to make a determina- the estate to serve without objection followed by ,an lion that the Guardian and/ surety on the bond. affidavit of objections within or Conservator should be The estate is being admin- thirty (30) days of the return allowed to resign; or should istered under informal pro- day, action may be taken be removed for good cause; cedure by the Personal Rep- without further notice to you. or that the Guardianship and/ resentative under the Mass- UNSUPERVISED or Conservatorship is no lon- achusetts Uniform Probate ADMINISTRATION ger necessary and therefore Code without supervision UNDERTHE should be terminated. The by the Court. Inventory and MASSACHUSETTS original petition is on file accounts are not required to UNIFORM PROBATE with the court. be filed with the Court, but CODE (MUPC) You have the right to interested parties are enti- A Personal Represent - object to this proceeding. tled to notice regarding the ative appointed under the If you wish to do so, you administration from the MUPC in an unsupervised or your attorney must file a Personal Representative administration is not required written appearance at this and can petition the Court to file an inventory or annu- court on or before 10:00 in any matter relating to the al accounts with the Court. a.m. on the return date of estate, including distribu- Persons interested in the 06127/2018. This day is NOT tion of -assets -and expenses estate are entitled to notice a hearing date, but a deadline of administration. Interested regarding the administration date by which you have to parties are entitled to petition directly :from the Personal file the written appearance the Court to institute formal Representative and may peti- if you object to the petition. proceedings and to obtain tion the Court in any matter If you fail to file the writ- orders terminating or restrict- relating to the estate, includ- ten appearance by the return ing the powers of Personal ing the distribution of assets date, action may be taken in Representatives' appointed and expenses of administra- tion. WITNESS, Hon Barbara M Hyland, First Justice of this Court. Date: May 25, 2018 Suzanne T. Seguin Register of Probate - 6/07/18 Commonwealth of Massachusetts The Trial Court Hampden Probate and Fancily Court 50 State Street Springfield, MA 01103 (413)748-7758 Docket No. HD18CO080CA In the matter of: Enid Jenee Perez, Vivienne Nichole Perez & Velina Bonnevie Perez Of: Agawam, MA NOTICE OF PETITION FOR CHANGE OF NAME To all persons interested in petition` described: A petition has been pre- sented by Enid Jenee Perez requesting that: Enid Jenee Perez Vivienne Nichole Perez Velina Bonnevie Perez be allowed to change his/ her/their name as follows: Enid Jenee Castellar Vivienne Enora Castellar Velina Alma Casteilar If you desire to object thereto, you or your attor- ney moist file a written appearance in said Court at`. ;Springfield on or before ten o'clock in the morning (10:00 a,m) on: M=018 WITNESS, Hon.. Barbara M Hyland, First Justice of this Court. Date: May31, 2018 Suzanne T. Seguin Register of Probate 6107/18 PUBLIC NOTICE On Monday, June 18, 2018, SOLitude Lake Management will be con- ducting ,an aquatic plant management program at Silver Lake in Agawam, Massachusetts. The uise of the lake's water will be restricted as follows Swimming, fishing and boating until completion of the treatment on June 18, 2018 Livestock watering for 1 day or until June 20, 2018 Direct drinking; for 3 days or until June 22, 2018 Irrigation for 5 days or until June 24, 2018 If you need additional information, please feel free to contact the Silver Lake Association or >SOLitude' Lake Management at (508) 885-0101. 6/07/18 W E V E Em ' Kff 11 n-A "Dom"D WNE"Otn"O.' "J"'E PU.. BLIC NOT.ICES ARE NOW ON Email all Access archives and Find a quick fink to the state of Massachuse**�' notices to 2 digital tear sheets by public notice web site to search all notices` ii notices@turley.com newspaper title. Massachusetts newspapers. Public notice deadlines are Mondays at noon, Fridays noon for Monday holidays. June 14, 2018 I AGAWAM ADVERTiSER NEWS I Page 15 OUR CALENDAR SECTION is intended to promote free events, or those that directly affect a volunteer -driven or- ganizatim. Paid events that are not deemed benefits do not quality. Non-charitabie events that charge the public for profit are not afVwed as we consider that paid adver- tising. The deadline to submit: calendar items is Monday at noon. Send to the Agawam Advertiser News at aan@ turley.com, fax to 413 786 8457, or mail to Turley Pub- lications, 24 Water St., Palmer, MA 01069. We usually print at least one week prior to an event. The listings should be brief with only time; date; location, activity ex- pWatwn,_and contact information. Friday, June 15 SHAKESPEARE'S "AS YOU LIKE IT" outdoors at 6';p:m. at the Red Door Theatre, 152 S. Westfield St. (Route 187), Feeding Hills. Audienceinvited to bring their own refreshments, blankets and fawn chairs. A freewill dona- tion will he taken after the show. Additional performanc- es Saturday at 6 p.m. and Sunday at 3 p.m. CONNECTICUT QUARTER HORSE SHOW today through Sunday from 8 a.m. to 10 p.m. in the Coliseum on the grounds of the Big f,1305 Memorial Ave.,West Spring- field. Freeadmission. Saturday, June 16 ROBINSON STATE PARK DAY. Family appropriate actilrities: 8 a.m., bird iderfification walk; 9 am. to 4 p,m.,;guided walks Cbig trees with Matt Largess 10 a.m., noon, `.2 p.m.); 1 p.m. vernal pool tour; rapid stream assessment and the "'Tree Bus," a van full of educational, hands-on ac- tivities about frees. Park admission fees apply. STRAWBERRY SUPPER at Agawam Congregational Church, 745 Main St., Agawam, with servings at 4:45 and 6:30 p.m. at 6 p.m. Ham, baked beans; coleslaw, potato salad and strawberry shortcake. $15 in advance for adults, $18 at th4e door, $6 for children. Call for res- ervations, 413-786-7111, STRAWBERRY SUPPER at Southwick Congregational Church. 488 College highway, 5outltwfcic, at 5 p.m, Ham, baked beans, coleslaw, potato salad and straw- berry shortcake. $14 for adults, $7 for children. Call for reservations, 413-569-6362. _ OPENING DAY AT STORROWTQN VILLAGE MUSEUM on Agawam Senior Center Lunch Menu Mcuuriay, Jum I& Chicken cordon bleu, scalloped potatoes, peas, fresh pears. Tuesday, Juan 19: Meatfoat, mashed potatoes, gravy, dilfed carrots, pudding. Wednesday, June 20: Kielbasa, braised cabbage, pirogues; mixed fruit. Thursday, June 21: Barbecue pulled pork on a roil, potato salad, corn, pears, iFrtday, June 22: Potato -crusted fish, rice and beans, Breen beans, baked good Calendar of Events Monday, June 18: 8:15 a.m., weight training, yoga; 9:45 am., fine dancing; 10 a.m., Brain Health and Wellness seminar (si(ln up with Krdna);11:30 a.m., Gentle Yoga; 1 p.m., Bingo; 5:30 p.m, Zumba. Tuesday, June 19: 9 a.m., open knitting group, ex- ercise class with Sue Woods from YMCA; 9:45 a.m., exercise class with Sue Woods from YMCA; noon, ladies only billiards, canasta; 12:30 p.m., movie (,Phantom Thread" , mah longg; 1 p.m., Mexican Train Game; 4:30 p.m., yoga with Loretta; 6 p.m,, beginner line dance. Wednesday,, June 2& 8:15 a.m., weight training, yoga; 8:30'a.m., Meet the Mayor (Coffee shop) 9:45 a.m., Gentle Yoga; 11:15 a.m., tal chi; 12:30 p.m., bridge; 1 p.m., ballroom lessons, Scrabble; 1:30 p.m., Golden Agers Chapter 2 picnic; 2 p.m., CPA Jack Welch available "Oy appt.); 5:30 p.m.,-Zumba Gold. Thursday, June 21: Foot care nurses available (by appt.); 9 a.m., exercise class with Sue Woods from YMCA; 10 a.m., line dancing;10;30 a.m., Reiki with Carlene; 12:15 p.m., bridge; 1230 p.m., Mexican Train Game; 1 p.m., pitch, open art;1:30 pm., writ- ing group; 2 p.m., Melody Band practice; 4 p.m., Yoga with Loretta; 6:30 p.m., pitch. Friday, June 22: 8:15 a.m., yoga; 9:15 a.m., Let's Paint; noon, canasta; 1 p.m., pitch, cribbage, ice cream social sponsored by Heritage Woods; 4 p.m.; card games. the grounds of the; Big E, 1305 Memoriat Ave., Vilest and EMTs at Bethany Assembly of God, 580 Main St:, Springfield. Open from 11 a.m. to 3 p.m. Free admission: Agawam from 5 to 6:30 p.m. Educational demonstra- tions and giveaways. Dinner will be available for adults Tuesday, June IQ The Agawam Cultural Council is meeting at 7 p.m. at the Agawam Public Library, 750 Cooper St., Agawam. The meeting is open to all. There isnocost to join or serve. Wednesday, June 20 NATIONAL EASTERN REGIONAL 51MMEWAL JR SHOW in Mailary Complex on the grounds of the Big F 1305 Memorial Ave„ WestSpringfieldtoday through Saturday from 8 a.m. to 6 p.m. Free admission. Friday, June 22 TAG AND RUMMAGE SALE, 9 a. m. to 4 p.m. at Holy Tdn- iry Church, 331 Orn St., Westfield. The sale continues on Saturday, 9 a.m. to 3 p.m. Wednesday, June 27 SUMMER :SAFETY MOGRAM presented by Agawam First Responders, including firefighters, safety officers Public Notices ,.EARLY DEADLINE FOR ALL LEGAL -NOTI -ES TO RUN THE WEEK OF JULY 4 WEDNESDAY, JUNE 27 AT NOON Sentinel, Chicopee Register, The Register, and The Wilbraham -Hampden Times THURSDAY, JUNE 28 AT NOON Agawam Advertiser News, Barre Gazette, Quaboag Current, Country Journal, The Journal Register, Ware River News MONDAY. JULY Z AT NOON The Sun, Southwick News, Town Reminder A TURLEY PUSUCATJON for a minimum tee with free hotdogs for children, All are welcome. Thursday, June 28 ARABIAN HORSE SHOW OF NEW ENGLAND today through Saturday from 8 a.m. to 14 p.m.in the Coliseum on the grounds of the Big E,1305 Memorial Ave., West Springfield:; Free admission. Saturday, June 30 FIREWORKS FOR FREEDOM at the South Uddle School fields, 30 W.Silver St.,Westfield. Festivities start at 6:30 pm., with fireworks at dusk. Wednesday, July 4 HOPE COMMUNITY CHURCH'S ANNUAL FAMILY FUN FEST from 5 to 8 p.m. at 152 S. Westfield St., Feeding Hills. Bounce houses, a'dunk tank featuring loom popular personalities, concessions, music, a huge tag sale, and games and activities for all ages. Thursday, July 5 ALITTLE NIGHT MUSIC"at6 p.m, at Trinity United Meth- odist Church, 361 Sumner Ave., Springfield will feature `Six -wire: An acoustic alchemy" in to sanctuary, and at 7 p.m., a Caritlon Concert on the church lawn. Free to the public, Donations accepted for all food Items. For more information, visit www.trinRM6ngfield.org. Wednesday, July 11 THE ELM-BELCHER MASONIC LODGE, 53 River St., Aga - warn offers an all -you -can -eat spaghetti supper at a cost of $8 for adults, $4 for children. The public is welcome. ONGOING AGAWAM UNITED METHODIST CHURCH, 459 Mill St., Agawam, offers a free 'Crochet Dub' the first and third Tuesdaytf each month from 6:30 to 8';p.m. All are invited to join, including men and women and be- ginners to experienced crocheters Drop -ins welcome. Hooks and yam available if needed. For more informa tion, call 413-786-7991. GRANDPARENTS PLAYGROUP Wednesdays, 9:30 a.m. to 11 a.m., at St. Darid's Church, 699 Springfield St., Feeding Hills. This tree infarct and toddler playgroup tea- tures music and movement, fostering children`s interac- tions and sharing skills. Open to all grandparents and their grandchildren. Follows school schedule. MOM -2 MOM takes place the second Tuesday of every month October through June, 9:30 to f 1 a.m. at Aga- wam Congregational Church, 745 Main St. A round -ta- ble discussion hosted by a local "veteran' mom, this is a great way to have further conversation on recent cafe themes and parent education events, celebrate parent- ing and receive encouragement for the trials. THE WESSTFIELD FARMERS'MARKET, rain or shine, every Thursday from rtoon to p.m, on the lawn of the Episcopal Ouch of the Atnr:emerft, 36 Court 51., Westfield, until Oct. 4, and Saturday, Oct. 13. SNAP match of $5; WIC, and FMNP vouchers accepted by some srentlors. Lire music, cmWrcg and craft demortstrations, free parking, fiDA ac- cessible reslrodms, playground. For more information visit weMdfarrivet.net or contact 413-562-5461, ext. 101, or famtersmarketwestfielcOgmail.eom. _ 1 23 4 5 6 7 9 10 11 12 13 14 i� iB 17 t8 19 20 21 22 23 24 25 26 27 28 33 2930 31 32 34 3 36 37 36 ss 42 43 a0 so 41 as 44 as �- 49 51 52 53 54 55 56 57 56 ss so S1 62 63 64 W sa 70 CLUES ACROSS property 69. Places to be 26. Jogged 1. Glowering 38. Native or inhabitant 70, Amusing behavior 27. Automobile 7. Sports equipment of Asia: 30, Punished 13. Relief organization 40. Loudness units CLUIaS DOWN 32. Belonging to a 14. Go against the flow 41. Knotted anew 1. Adult female bottom layer 16. A public promotion 43. Daddy 2. An aitemadve 35. Japanese delicacy of some pmdact or 44. Folk singer DiFranco 3. Rituals 37. Soda service 45. Women from the 4. 17. Premier League's Mayflower Native American people 38. Algonquian language 39, Legislators Spurs; 47. Metric capacity unit 5: High school exam 42. Father 19. Of 1 48. Couple 6. Respect 43. Needed at the ATM 20. 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Violent seizure of 67.Talcing,forcefully into thin sheets 68. Integrated circuit CROSSWORD t t ON a,�C�i� Z ctLZ CHc;��c�R rage 16 I AGAWAM ADVERTISER NEWS I June 14, 2018 Public Notices LEGAL NOTICE allowance of a:final account TOWN OFAGAWAM and other such relief as may PLANNING BOARD be requested in the Petition. The. Agawam Planning BIPORTANT'NOTICE Board will hold a public You have the right to hearing on Thursday, June obtain a copy of the Petition 21, 7018 at 6:00 PM at the from the Petitioner or at Agawam Public Library, 750 the court. You have a right Cooper Street, Agawam, to object to this proceed - MA. The purpose of this ing. To do so, you or your hearing will be to hear the attorney must file a written petition of Reidy on a zone appearance and objection change request for 466 South at this court before: 10:00 Westfield Street, Parcel ID a.m. on the return day of E6-1- , from Agricultural 07102M18. to Residence A-5 (Age This is NOT a hear - Restricted). Copies of the ing date,- but a deadline by proposed zone change can be which you must file a written obtained from the Agawam appearance and objection if Planning Office between you object to this proceed - the hours of 8.30 AM and ing. If you fail to file a time- 4:30 PM in the Agawam ly written appearance and Town Hall, 36 Main Street, objection followed by an Agawam, MA, affidavit of objections within BY [ORDER OF: thirty (30) days of the return Mark R. Paleologopoulos, day, action may be taken Chairman without further notice to you. Agawam Planning Board WITNESS, Hon. 6/07, 6114/18 Barbara M Hyland, First Justice of this Court. Date: June 04, 2018 Commonwealth of Suzanne T. Seguin Massachusetts Register of Probate The Trial Court Hampden Probate and Family Court s0 State Street Springfield, MA 01103 (413)748-7158 Docket No. HD17P1039EA Estate of: Verna P Bittles Date of Death: 43/26J2417 CITATION ON PETITION FOR ORDER OF COMPLETE SETTLEMENT A Petition for Order of Complete Settlement has been filed by Randy W Hill of Tucson AZ request- ing that the court enter a formal Decree of Complete Settlement including the 6114118 m nit 44B to consult with existing by Agawam Healthcare, this matter without further mumcipal`boards to study the Skilled Nursingvf Agawam, notice to you. in addition to AGAWAM COMMUNITY needs the needs, possibiii- MA is the above captioned filing the written appearance, PRESERVATION ties and resources of the city matter requesting :that the you or your attorney must COMMITTEE regarding community pres- court: file a written affidavit stating LEGAL ervation. Expand the powers of a the specific facts and grounds ADVERTLSEMENT 6/14, 6121/18 Guardian of the Respondent. of ,your objection within 30 Notice is hereby given The petition asks the daysafterthe return dater that the Agawam Community court to make a detertnlna- EMNORTANT NOTICE Preservation Committee Commonwealth of tion that the powers of the The outcome of this pro - (CPC) will hold its annu- Massachusetts Guardian should be expand- seeding may limit or com_ al public hearing at the The Trial Court ed, modified, or limited since pletely take away the above - Agawam Library Community Probate and Family Court the; time of the appointment. named person's right to make Room, 750 Cooper 50 State Street The original petition is on decisions about personal' Street, Agawam', MA on Springfield, MA 01103 file with the court. affairs or financial affairs or Wednesday, June 27, 2018 Docket No. HD02P2496GI1 Yoo have the right to both, The above -named per - at 7:00 PM. The Committee In the interests of: object to this proceeding, son has the right to ask for a will provide an overview of RobertFondakowsid" If you wish to do so, ;you lawyer.•Anyone may make the financial performance Of: Holyoke, MA or your attorney must file a this request on behalfofthe of the CPA fond as well RESPONDENT written appearance at this above -named person. If the share recent accomplish-, Incapacitated Persent court on or before 10:00 above -named person cannot ments. The CPC will also protected Pelson a.m. on the return date of afford a lawyer, one may be welcomes input on goats, CITATION GIVING 0710612018. This day is NOT appointed at State expense. activities, < procedures and NOTICE OF PETITION a hearing date, but a deadline WITNESS, Hon spending The CPC is encour- TO EXPAND THE date by which you have to Barbara M Hyland, First aging residents, town boards, POWERS OF file the written appearance Justice of this Court;' committees and commis- A GUARDIAN if you object to the petition. Date: June 01, 2018 sions to attend and discuss To the named Respondent If, you fain to file the writ- Suzanne T. Seguin the needs and possibilities and all 'other interested per- ten appearance by the return Register of Probate ofprojects that may qualify sons, a petition has been filed date, action may be taken in 6/14/18 for Co m Pre ry tiu u y se a n Act funds, Please be advised that the CPA Committee is required by M.G.L. Ch. Please check the accuracy of your legal notice prior to submis- sion (i.e., date, time, spelling). Also, be sure the requested ipublication date coincides with the purpose of the notice, or as the law demands. Thank you. come 0 emu Nummunlemm ammmum um OEM muls Me noun mom 3-mmmo umm mum man ME anum malmme numum -Mom M Oman .1 son onmam MMM no alim man a -00 Em lemma M ulamemnal am M-Mun M nuummmo nommme mmumon E9VE EXPANDOUR WEB SITE PUBLic NOTICES. AIRS NOW ONLINE Email all Access archives and Find a;quick link to the state of Massachusetts' notices to 2 digital tear sheets by 3 public notice web site to search all notices in notices@tudey.com newspaper title. Massachusetts newspapers. Public notice deadlines are Mondays at noon, Fridays noon for Monday, holidays. SOFTBALL 1 from page 12 After seasons of sometimes complete dominance over its >op- ponents, Agawam tools a little bit of a 'step back this season, only garnering a 12-8 mark this season, struggling with defense at times, and new starting pitcher Sarah Ross,- a freshman, getting used to the competition level of high school varsity softball. It was a great season for the rookie pitcher. and definitely one. that will help ber grow heading into next season. But West Springfield got to her for three runs in the top of the third inning to take a 3-0 lead. The Ter- riers then tacked on a run in the fourth to make it 4-0. Agawam did not score until the sixth inning, but West Springfield answered back with a two -spot in the :top of the seventh. AgawarnTalliedbackwith apair of runs in the bottom of the inning, but it was too late for the Brownies as they fell in the quarterfinals for the first time in four years. Nikki Bates was responsible for all three runs for Agawam in the game. She had two hits. She drove in Agawam's run in the sixth, then came up an inning later and socked a two-liBI hit in the sev- enth inning to make the score 6-3. Crystal Madore, another young pitcher in the Valley League, shut the door from there, and retired Agawam to complete the game. Ross went the full seven in - rungs. She allowed six runs on eight hits. She walked two and struck out four. She was also hurt by three Agawam errors. Defense is something Agawam will need to improve on heading into next season, as the miscues hurt in a number of their losses this season. Ross completes a -season in which: she won 10 games, and threw 136.1 innings. She had 108 strikeouts for the year. Agawain's weason finishes at an overall 12-9 Iecord. The Brownies will return sever- al starters to the team next;sea8an, but lose outfielder Emily Fountain and infielder Mia Perella. Ahove,Ilikkl Bates winds tip' and is ready to lift. She had three RBI for Agawam in her final game of the season. At left, Aga- wam c*her Madison O'Connell looks around after picking up a ball In ltta dirt. PHOTOS 6Y DANIELLE STRATT4N 0 - 0 INTEROFFICE MEMORANDUM TO PAM KERR, PLANNING DEPARTMENT FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE DATE: 5/23/2018 This office is in receipt of the attached application for a proposed zone change at 466 South Westfield Street, Feeding Hills (Parcel ID#E6 1 1) requesting a zone change from Agricultural to an Age Restricted Housing, District (A-5). Please contact me so we can coordinate our public hearing dates. Thank You!` MAY 29 3 2018 fi r CMM let . S .w....... h.., .. e .« .mac "` ��". _ . _ .. t 5 ._ g' t. - -�, - �r. �. as -.., =. a..c.� - � -- �_ �. .,:f -C. �..;. - - - --- � - +c a _ �,� �« .-� � . .--�'`t�"� �.�- '�£' _ � _., � _- �� -.v� � ; iF ✓ = �: 4, �, .�... r. , �..- ...£ .rx .. <.., .. -. .� ..> :_ .,, =s... r�..r... � �T' m-rsr �ttw's.. - .,....., zsv & wr s � . - � � . - � ^�.., ,.�a�"�re'...,ca - t�.er zy�....r:. ,. `��' � rs r - .. ;� �.-f �-m. '3" �rt ... F.�s,�cc..�...amu - PLANNNOIDOARD TOWN OF AGAWAM 36 MAIN STREET AGAWAK MA 01001 { D613 HINSDALE SMITH CO REAR SOUTH WESTFIELD ST F ED'lNG HILLS. pia 3]G3 RETURN G 5UCH S-,rpsR ` g ij n 7 €'it34 t:3. fit• si:�;.g, , } i s A 2ii i U9339mr.ae.m 36 Main Street, Agawam, Massachusetts 01001-1801 Tel. 413-786-0400 Fax 413-786-9927 June :6,,2018 Dear Abutter: Thomas F. Reidy 11 and Sherry M. Reidy have submitted to the Town a zone change request for 466 South Westfield Street (Parcel ID E6-1-1) from Agricultural to Residence AS. 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, ,tune 21, 2018 at 6`:15 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam, You are encouraged to attend and comment. Sincerely, Mark R. Paleologopoulos, Chairman AGAWAM PLANNING BOARD MRP :p;rk AGAWAM CITY COUNCIL 36 MAIN STREET' AGAWAM, MASSACHUSETTS 01001 413-726-9716 Office 413-726-9717 Fax www.agawam.ma_us, COUNCIL PRESIDENT Christopher C; Johnson COUNCIL VICE PRESIDENT Cecilia P. Calabrese COUNCILORS' George Bilzas — Paul C. Cavalto — Gina M. Letellier•— Rober-t A, Magovern — Dino R. MereadanJe Joseph Afineo - Robert E. Rossi — Rosemary Sandlin-- Anthony R. Suff"riti LEGAL NOTICE ADMINISTRATIVE ASSISTANT —Barbara A. Bard bbard("zawam.ma.us PUBLIC HEARING AGAWAM CITY COUNCIL LEGAL NOTICE The Agawam_ City Council will hold a public hearing on Monday, July 9, 2018 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 Daniel P. Garvey, attorney for Thomas F. Reidy 11 and Sherry M.'Reidy for a zone change request for 466 South Westfield Street, Feeding Hills, MA, from Agricultural to an Age Restricted Housing District (A-5). A copy of the proposed Zone Change (ZC-2018-2) 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 6/21/18<and 6/28/1`8 DANIEL P. GARVEY Attorney at Law 73 Chestnut Street Springfield, MA 01103 MAY 2 3 2018 AGAVV -4M PLANNING BOARD Telephone (413) 731-9990 Facsimile (413) 731-1302 Email Address: danielgarvey@verizonnet Mr. Christopher Johnson, President Agawam Town Council 36 Main, Street Agawam, Massachusetts 01001 Re: Petition for Zone Change 466 South' Westfield Street Agawam, Massachusetts 01101 Parcel ID: E6 1 l Dear Mr. Johnson and Councilors Please accept this zone change petition on behalf of Thomas F. Reidy II and Sherry M. Reidy who hereby formally request a zone change from Agricultural to an Age Restricted Housing District (A-5) for an approximately fifteen acre parcel of property commonly known as 466 South Westfield Street, Agawam, Hampden County Massachusetts (Parcel ID; E6 I,1). Pronerty Summ Thomas F Reidy 11 and Sherry M. Reidy currently own the subject property as evidenced by a deed dated July 13 2012 and recorded in the Hampden County Registry of Deeds, Book 19346, Page 2,13. The subject property is approximately fifteen acres in size and currently zoned Agricultural. Zoning, Map Amendment / Zone Change Sou ht The Petitioners hereby request a zone change from the Town of Agawam City Council for the subject property from an Agricultural zone to an Age Restricted Housing District (A-S). Su _pp- orting Information Thomas F. Reidy II and Sherry M. Reidy have executed a purchase and sale agreement with Kathleen H. Sweeney and Victor J. Shibley who intend to construct approximately forty-eight (48) age restricted condominium units on the subject property as depicted on the attached conceptual plan. Kathleen H. Sweeney and Victor J. Shibley Jr. are experienced real estate professionals who have developed two similar age r L restricted housing developments in the neighboring West Springfield community. These two projects are known as Condominiums at Beech Hill located on Brush Hill Road, West Springfield, Hampden County, Massachusetts and Canterbury Woods Condominiums located at 939 Piper Road, West Springfield, Hampden County, Massachusetts. If given the opportunity by the Town of Agawam to develop an age restricted community, Ms. Sweeney and Mr. Shibley commit themselves to the same quality of work which they have displayed in these two recent age restricted developments. Furthermore, based upon their development experience, discussions with longtime Agawam residents and town officials, they are convinced that the proposed age -restricted housing development will fill a community need for the Town's over fifty-five year old population. Conclusion The Zoning Map Amendment requested ;herein promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding; area. In addition, the requested zone change will help satisfy a community need recognized by the Town when it created the Age Restricted Housing District. The applicant hereby respectfully ;requests that the Town Council grant the requested Zoning Map Amendment under the Town of Agawam Zoning Ordinance thereby providing the Developers an opportunity to develop ;an age restricted housing development on the subject property. Thomas k`. Reidy Il - Owner Sherry M. Pffidy - caner leen H Swee y — Developer L Victor J. Shibley Jr. - Developer As always, if you have any questions or need any additional information, please feel free contact me at your earliest convenience. Very Truly Yours, Daniel P. Garvey 1�1 Bk l5}346 Ps213 -V43<948 07-13-2012 & 03 2 2SR FIDUCIARY DEED KNOW ALL MEN BY THESE PRESENTS, that ROSEMARIE A MXOOK, of Gloucester, Massachusetts, and THOMAS F. REIDY If,, of Agawam, Massachusetts, as Co -Executors of the Will of Madeline F. Reidy (see Hampden County Probate Docket 'HD'I IP0766EA) in consideration of ONE DOLLAR ($1 00) and pursuant to Article Third of the aforesaid Will of Madeline F. Reidy z grant to THOMAS F. 'REIDY 11 and SHERRY M. REIDY, being married, having an address at 1362 Main Street, Agawam, Massachusetts, as tenants by the entirety 3 the land with the buildings -thereon, in Feeding Hi11s, Agawam, Hampden County,, Massachusetts, bounded and described as follows: Beginning at an iron rod in the northwesterly line of pine Street, Agawam, Massachusetts, said iron rod also 'being at the northeasterly corner of land formerly of Arthur W. Taylor and running thence N. 77' 40' W along the northerly line of land of said Arthur W. Taylor, four hundred sixty-nine and 151100 (469.15) feet to an 'iron rod at the southeasterly comer of land formerly of Michael Paszkowski thence N. 8° 23' W. along the easterly sides of land formerly of o Michael Paszkowski and land of Ava Wainewski five hundred fifty and 00/100 (550.00) feet to rin an iron rod; thence N. 12° 20' E. along other land of Arthur W. Taylor, three hundred fifty-seven `e and 051100 (357.05) feet to an iron rod at the southwesterly corner of land formerly of The Cuba �r Connecticut Tobacco Co.; thence S. 69° 07' 56" E. along the southerly line of said Cuba - Connecticut Tobacco Co., one thousand one hundred thirty-four and 71/100 (1,134,71) feet to an iron rod in the northwesterly line of South Westfield Street; thence S. 451 22' W. along the northwesterly sides of South Westfield Street and Pine Street ;eight hundred forty and 80/100 (840,80) feet to an iron rod, the point of beginning. The above described parcel of land contains fifteen and 44.100 (15.44) acres and all as shown on a plan made by Durkee, White and Towne, Engineers and numbered D-128. Subject to restrictions and encumbrances of record. No title examination has been conducted in connection with this conveyance. 54S441 Bk 19346 Pg214 #43948 • BEING the same premises conveyed to Madeline F. Reidy (deceased — see Hampden County Probate Docket No. RDIIP0766EA) and Thomas F. Reidy (deceased— see Hampden County Probate Docket No. 185406) by deed dated September 8, 1971 and recorded in Hampden County Registry of Deeds in Boole 3622, Page 528. EXECUTED as a sealed instrument finis j�L day of �✓ /,/ 92012. -�"f sz�'O-- L osemarie A. McCook, as Co -Executor under the Will of Madeline F Reidy, and not individually Thomas F. Reidy II, as Co-Execut under the Will of Madeline F. Reidy, and not individually COMMONWEALTH OF MASSACHUSETTS H� On this 171 day of 2012, before me, the undersigned notary public, personally appeared Rosemarie A. McCook, Co -Executor under the Will of Madeline F. Reidy, ❑ proved to me through satisfactory evidence of identification, which was or [A personally known tome to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. 12'1r IL4 Notary Public My commission expires: MICHAR J. S1MOLO Notary Public Co~KWEALTMOF MASSACHUSEM My Commission Expisos April 06,,201$ 534524 2 Bk 19346 Pg215 #43948 COMMONWEALTH OF MASSACHUSETTS HAMPDEN SS On this day off 2012, before me, the undersigned notary public, personally appeared Thomas F. Reidy H, Co�Executor under the Will of Madeline F. Reidy, ❑ proved to me through satisfactory evidence of identification, which was or M personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires; MICHAEL 1 SIMOLO Netary Public r-0M o14WEA11HOFMASSACME1T3 MY Commh3lon i X04s April 06, 2018 DONALD E. ASiil= REGISTER HAMPDR1 DEEDS 534524 H W H W H p w 0 0 a y All pii 3 o�