8548_ZONE CHANGE 287 SPRINGFIELD ST COLVEST 35yg
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WHEREAS, Colvest---Agawam Development Company Limited Partnership is the owner
of a parcel of land known as 287 Springfield Street, Agawam, Hampden County, Massachusetts
(Assessor's Parcel ID 115-8-17) which is predominantly in the Business B zoning district;
WHEREAS, a small portion of Colvest — Agawam Development Company Limited
Partnership's parcel at 287 Springfield Street, Agawam,Hampden County, Massachusetts is in the
Residence B zoning district;
WHEREAS,Colvest—Agawam Development Company Limited Partnership has petitioned
the Town of Agawam to have the small portion of its parcel at 287 Springfield Street, Agawam,
Hampden County, Massachusetts currently in the Residence B zoning district be placed in the
Business B zoning district;
WHEREAS, the Agawam Planning Board,. after public hearing, has sent a positive
recommendation to the Agawam City Council regarding the proposed zone change from Residence
B to Business B; and
NOW THEREFORE, the Agawam City Council hereby changes the following described
parcel of land from the Residence B zoning district to the Business B zoning district:
Property Name: Rear- 287 Springfield Street, Agawam, MA
Assessor's Parcel ID: Rear Portion of 115-8-17
Legal Description of Property:
The land in Agawam, Hampden County, Massachusetts off of the Southerly side of Springfield
Street and shown as Proposed Zone BB on a plan entitled "Plan of Proposed Zoning Change in
Agawam,Massachusetts Prepared for Colvest—Agawam Development Company LP"dated January
4,2008, prepared by Holmberg&Howe,Inc.,which plan is attached hereto and incorporated herein
by reference. The parcel is bounded and described according to said plan as follows:
Beginning at a point at the northeasterly corner of the land herein described said point being S. 03'
17' 00" W. one hundred ninety four and 93/100 (194.93) feet from an iron pin on the southerly
sideline of Springfield Street at the northwest corner of land now or formerly of JK Real Estate,LLC
and the northeast corner of Iand now or formerly of Colvest— Agawam Development Company
Limited Partnership: thence
S. 03" 17' 00" W. along land of said JK Real Estate, LLC, one hundred eight and 26/100
(108.26) feet to an iron pin; thence SO
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S. 090 30' 29" W. along land of said JK Real Estate, LLC, sixty-one and 16/100 (61.16) feet to
an iron pin and land now or formerly of E.E. Shibley; thence
Si 900 00, 00"W. along land of said Shibley,one hundred twenty-one and 67/100 (121.67) feet
to an iron pin; thence
N. 21°45' 52" W. along land of said Shibley,eighty-nine and 70/100 (89.70) feet to an iron pin
at other land now or formerly of E.E. Shibley; thence
N. 140 44' 00" E. through land of CoIvest—Agawam Development Company LP, sixty-three
and 83/100 (63.83) feet to a point; thence
N. 810 25' 20"E. through land of Colvest---Agawam Development Company LP, one hundred
fifty-six and 75/100 (156.75) feet to the point-of beginning.
The above described parcel of land is labeled as "PROPOSED ZONE BB" and it contains 23,745
square feet of area, more or less.
For further reference,see plans recorded in the Hampden County Registry of Deeds at Book of Plans
340, Page 118 and Book of Plans 348, Page 130.
Dated this 'rd day of , 2008.
PER ORDER OF THE AGAWAM CITY COUNCIL
�mraf-� o Council
APPROVED AS TO FORM AND LEGALITY
Chn opher C. J on, Solicitor
MAYORAL ACTION
Received this�:_day of , 2008, from Council Clerk.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended,
I hereby approve the passage of the above legislation on this day of
�. 2008.
1 i
Susan R. Dawson, Mayor
-
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended,
I hereby veto the passage of the above legislation on this day of ,
2008, for the following reason(s):
Susan R. Dawson, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Cleric this day of 12008.
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PLAN OF PROPOSED TONING CHANGE IN
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PREPARED FOR
COL VEST-AGANAM DEVELOPMENT COMPANY LP
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Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Ted. 413-786-0400 Fax 413.-786-9927
February 1, 2008
Gina M. Letellier, President
Cecilia Calabrese; Vice President
George Bitzas, Councilor
Paul Cavallo, Councilor �' T
Jill Messick, Councilor
Joseph Mineo, Councilor
Dennis Perry, Councilor
Donald M. Rheault, Councilor
Robert Rossi, Councilor
Jill Simpson, Councilor
Robert M. Young, Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on January 31, 2008, the Agawam Planning Board voted
to send a positive recommendation to the Town Council regarding the proposed zone change at
rear property of 287 Springfield Street(23,745 SF) for Colvest-Agawam Development Company
LP from Residence B to Business B. Attached, for your information, is a copy of the zone
change report prepared by the Planning Department.
If you have any questions,please contact this office.
Sincerely,
ravis Ward, Acting Chairman
AGAWAM PLANNING BOARD
cc. Clerk, Solicitor, File.
own of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: AGAWAM PLANNING BOARD
FROM: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: Zone Change - Colvest-Agawam Development Company LP -
287 Springfield Street
DATE: January 24, 2008
On January 10, 2008,the Town received a zone change request from Colvest-Agawam Development
Company, LP for 23,745 square feet of land located at the rear of 287 Springfield Street. The
property is currently zoned Residence B and is proposed to be re-zoned to Business B. Colvest-
Agawam Development Company, LP owns both 287 Springfield Street and the parcel for which the
zone change is being requested. The O'Brien Corner CVS is located at 287 Springfield Street.
The Planning Office has conducted a review of this proposal and submits this report for your
information. Also attached is a copy of the plan submitted.by the applicant showing the proposed
zoning map change, a copy of the Assessor's map showing the property as it is listed for tax
purposes and the tax card information.
Land Use and Zoning
As stated above, the property for which the zone change is being requested is zoned Residence B.
A copy of the zoning map for this area has been attached.
The Assessor's Map shows that there are four(4) immediate abutters to the property. To the west
and south are three(3).parcels owned by E. E. Shibley and E. Shibley. To the east is property owned
by JK Real Estate, LLC. . All abutting properties are currently used for commercial purposes. They
include an auto dealership, take-out restaurant and a small strip development.
Under the present Residence B District the following uses are allowed: ( Please refer to 180-31 of
the Zoning Ordinance which is attached.)
♦ Any use permitted in a Residence A-1 District or A-2 District.
♦ A two-family dwelling for two housekeeping units.
♦ A four-family building for residential purposes on a parcel of land containing not less than
one acre and having not less than 150 feet of frontage.
♦ Dodging houses.
♦ Clubs, lodges and social center buildings.
♦ Hospitals, sanitariums or charitable institutions.
♦ Private garages.
If the zoning is changed from Residence B to Business B, the following uses would be allowed:
(please refer to § 180-48 of the Zoning Ordinance which is attached):
♦ Except as otherwise provided in this Article,any use permitted in a Residence, Agricultural
or Business A.District.
♦ Amusement parks,bowling alleys and roller skating rinks,or arcades containing six or more
pinball or electronic games and/or automatic amusement devices by Special Permit.
♦ Wholesale sales and warehousing.
1 Converting, fabricating,manufacturing, altering, finishing or assembling,
♦ Trucking terminals by Special Permit.
1 Retail shopping centers.
The Planning Board has before it a Site Plan for a new CVS at this location. The Site Plan shows
a new 13,225 square foot state-of-the-art pharmacy to replace the existing 1948 9,208 square foot
pharmacy. The proposed new building is set back from Springfield Street to allow for better
circulation through the site, improved parking layout and additional landscaping. The new building
will be situated primarily on the parcel for which the zone change is being sought. Also located on
this parcel is a driveway for the drive-up window and a retaining wall. A Special Permit is also
being sought from the Board of Appeals for the drive-up window.
Environmental Considerations
The parcel for which the zone change is being requested was once a town landfill. There is a gully
which runs through the center of the parcel as shown on the attached map. This gully contains an
intermittent stream and associated Bordering Vegetated Wetlands. The soils at the site consist of
Merrimac sandy loam, a deep and somewhat 'excessively drained soil. In order to use this back
parcel, the applicant proposed filling the gully and its associated wetlands. The Agawam
Conservation Commission issued an Order of Conditions allowing this work, as well as the
installation of a retaining wall, on November 29, 2007. A copy of the Order of Conditions is
attached.
The applicant, under an Enforcement Order issued by the Conservation Commission on July 12,
2007, removed a large amount of debris that had previously been buried on the site.
Other Considerations
The proposed increase in business zoned property at this site is in keeping with the immediate area.
With the exception of the new McGrath Park,the surrounding land is commercial in nature. Valley
Vision 2, the New Regional Land Use Plan for the Pioneer Valley prepared by the Pioneer Valley
Planning Commission and dated September,2007 has identified O'Brien Corner as a potential Smart
Growth District. The regional land use plan is a Smart Growth plan and is designed to promote
compact, mixed use growth in and around existing urban and town centers while promoting
protection of open space and natural resources outside development centers.
The redevelopment of the CVS site supports and promotes Smart Growth principles by:
• Promoting investment in existing community and village centers where infrastructure already
exists; and
• Encouraging infill development on existing vacant lands and brownfields.
Recommendation
The proposed zone change is in the best interests of the Town of Agawam for the following reasons:
• The proposed development promotes Smart Growth principles.
* The proposed development will result in the cleaning of a brownfield site.
• The proposed development will result in quality commercial development which in turn will
result in new jobs and flax revenues.
0 The site is adjacent to other business zoned property.
• The environmental constraints of the site would prevent it from being used for any other
purpose.
Proposed Zone Change Submission by Applicant
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LEGAL DESCRIPTION
Parcel to 6e Rezoned from Zone RB to Zone BB
Agawam,Maesacttosetts
The land in Agawam, Hampden County, Massachusetts off of the Southerly side of Springfield
Street and shown as Proposed Zone BB on a plan entitled"Plan of Proposed Zoning Change in
Agawam, Massachusetts Prepared for Colvest=Agawarn Development Company LP',dated January
4,2006, prepared by Holmberg 8 Howe, Inc.and is bounded and described according to said plan
as follows to wit:
Beginning at a point at the northeasterly comer of the land herein described said point being
S 03017'00"W 194.93 feet from an iron pin an the southerly Sideline of Springfield Street at the
northwest corner of land of X Real Estate, LLC and the northeast corner of land of Colvest-Agawam
Development Company Limited Partnership;
thence, S 031117'00"W along said JK Real Estate,LLC 108 26 feet to an iron pin;
thence,S 09°30'29-W along said X Real Estate,LLC 61.16 feet to an iron pin and land of.E. E.
Shibley;
thence,S 13DOWt3t?"W along said Shibley 121.67 feet to an iron pin;
thence, N 21°45'S2"W along said Shibley 89.70 feet to an iron pin at other land of F. E. Shibley;
thence, N 14044*00"E through land of Colvest-Agawarn Deveiopment.Conpany, LP 6183 feat to a
point;
thence, N 61°25'20"E through said Colvest-Agawam Development Company, LP 156.75 feet to the
point of beginning.
The above described parcel contains 23,745 square feet,more or less.
for further reference see also plans recorded in the Hampden County:Registry of Deeds at Plan
U-113ooll?1140 Page 118 and Plan Book 348'Page 130.
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Agawam Zoning Ordinance
Section 180-37 and I80-29
§ 180-31 AGAWAM CEDE § 180-31
ARTICLE VI
Residence B Districts
§ 180-31. Permitted uses.
In any Residence B District as indicated on the Building Zone Map, no building or other
structure shall be erected, altered or used and no land shall be used or occupied for any other
purpose except one or more of the following:
A. Any use permitted in a Residence A-1 or A-2 District.
B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two
families, provided that there shall not be more than one family in each half of such
dwelling.
C. Notwithstanding any other provision in the above paragraph, no building or other
structure shall be erected, altered or used for residential purposes which shall I�
accommodate or house more than four families. All four-family buildings or structures I
used for residential purposes shall be erected on a parcel of land containing not less than
ohe acre in area and having not less than 150 feet of frontage on a street.
D. Lodging houses, provided that there is no display, sign or other advertising device visible
from the street, whether illuminated or otherwise, other than a sign having an area of not €
more than 144 square inches. A public restaurant or dining room shall be permitted as an (I
accessory use in any part of such building, provided that the dining room and kitchen
facilities do not occupy more than 75% of the first-floor area of such building.
E. Clubs, lodges and social center buildings, except those whose chief activity is a gainful
service or activity usually conducted as a business, including in such excepted uses
dancing or bowling and like activities, provided that there is no display or advertising
visible from the street other than that permitted in Subsection D of this section.
F. Hospitals, sanitariums or charitable institutions, except those for contagious diseases, for
the care of epileptics or drug or liquor patients, for correctional purposes or for the care
of the insane or feebleminded.
G. Private garages, provided that no business, service or industry is conducted therefrom or
therein. Not more than one motor vehicle shall be kept for each 2,500 square feet of lot
area, except that three vehicles may be kept, in any case, not more than one of which
may be. unregistered. Only one such vehicle may be a commercial vehicle of not more
than 1 1/2 tons'.weight of capacity. Space shall not be ]eased or rented for a commercial
vehicle. No commercial vehicle 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.
H. Not more than one house trailer for each resident family may be kept on the premises.
The trailer shall not be used for living quarters while so located. Space shall not be
rented or leased for trailers.
180:26 OS-15 .2006
f
§ 180-32 ZONING § 180-35
§ 180-32. Height regulations.
A. A dwelling or lodging house shall not exceed 2 1/2 stories or 35 feet. Churches, schools,
colleges, libraries, Town buildings, clubs, lodges, social center buildings, hospitals and.
such institutional buildings shall not exceed 50 feet in height. Chimneys, steeples and
flag or radio poles are exempt from the height provisions.
B. Accessory buildings or structures, including private garages, shall not exceed 17 feet in
height for a one- or one-and-one-half-story building. A two-story accessory building shall
not exceed 25 feet in height.
§ 180-33. Setback requirements.
A. No part of any building or other structure shall be erected or altered so as to be nearer to
the street Fine of any street on which it.faces than the nearest building on either side
thereof facing on the same street and within the same block and zoning district, but in no
case need the required setback be greater than 30 feet.
B. ,Where the alignment of a building is not controlled by the preceding subsection, no part
of any building shall be placed within 20 feet of the street line.
C. No part of any garage, stable or other accessory building situated within 65 feet of any
street line shall extend within 15 feet of any lot line intersecting such street which serves
as a side lot line located in any residence district or within 15 feet of any street fine.
D. On a corner lot, except as otherwise provided in this section, no part of any building
shall be erected or altered so as to be less than 20 feet from any street line.
E. Existing open porches which are 15 feet or more from the street line may be enclosed on
one or more sides with glazed enclosures.
§ 180-34. Yards.
A. Side yards. There shall be a side yard between a building and each side lot line. For a
building of four stories or over 45 feet in height, it shall be not less than 25 feet in width
in its least dimension; for a building of three stories or over 35 feet in height, it shall be
not less than 20 feet wide in its least dimension; for one-, one-and-one-half-, two- or
two-and-one-half-story buildings, the side yard shall be not less than 15 feet wide in its
least dimension.
B. Rear yards. There shall be a rear yard on every lot between the principal building and the
rear lot line. It shall be 20 feet deep in its least dimension. One-story accessory buildings
shall be placed at least five feet from the rear lot line, and one-and-one-half- or two-story
accessory buildings shall be placed not less than 10 feet from the rear lot line.
§ 180-35. Lot size.
No lot shall have a frontage of less than 100 feet on a street or an area less than 12,000 square
feet.
180:27 os 15•2006
� lr
§ 180-36 AGAWAM CODE § 180-39
§ 180-36. Lot coverage. I ''
No principal building shall be erected or altered so as to cover more than 40% of the area of i
the lot on which it is located. I
ARTICLE VII
Agricultural Districts
§ 180-37. 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:
i
A. Any use permitted in a Residence A-1 or A-2 District.
i
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 I'
an existing conforming amusement park containing at least three acres of land adjacent to t
agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-11
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§ 180-38. Height regulations.
Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights
permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height
limitation shall be 50 feet.
j
i
§ 180-39. 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 i00 feet from the street line.
180:28 05-15-2006
§ 180-46 AGAWAM CODE § 180-48
B. Side yards are not required for business buildings.
C. Rear yards shall have a minimum of 25 feet.
D. Space shall be provided for vehicle parking and for the loading and unloading of all
materials, equipment and merchandise on the premises and entirely off the traveled way,
with such additional space as may be necessary to provide free and easy access to that
portion of the buildings so as not to interfere with traffic on the public way. Loading and
unloading platforms and doorways especially designed for loading and unloading goods
are prohibited on the front of any building.
E. A building devoted in whole or in part to residence or other purposes permitted in
§ 19044A shall comply with the requirements prescribed for Residence B Districts.
[Amended 4-7-1986 by TOR-86-6]
§ 180-47. Lot coverage.
A. No business building shall be erected or altered so as to cover more than 50% of the area
of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-6]
B. Notwithstanding any other provision of this section, no building or other structure shall
be erected, altered or used for residential purposes which shall accommodate or house
more than four families. All four-family buildings or structures used for residential
purposes shall be erected on a parcel of land containing not less than one acre in area and
having not less than 150 feet of frontage on a street.
C. Not more than one unregistered motor vehicle shall be allowed -on any parcel of land
used as a gasoline filling station; provided, however, that any such gasoline filling station
having an automobile dealer's permit shall be governed by the provisions of such permit.
ARTICLE IX
Business B Districts
§ 180-48. Permitted uses.
In any Business B District as indicated on the Building Zone Map, no building or other
structure shall be erected, altered or used and no land shall-be used or occupied for any
purpose except one or more of the following:
A. Except as otherwise provided in this Article, any use permitted in a Residence,
Agricultural or Business A District.
B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc.,
presently existing in Business B Districts may be added thereto, altered or rebuilt.
C. In any Business R Districts as indicated on the Building Zone Map, no new building or
other structure shall be erected for residential purposes unless the land so located in the
Business B District is part of a subdivision plan duly recorded prior to the enactment of
this section or unless individual building lots have been similarly recorded.
180.32 05-15- 2006
§ 18048 ZONING § 180-48
D. Body and fender work and the painting of-cars out of doors is prohibited. The storage of
dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete
units such as truck bodies, tailgates, road sanders, farm machinery, school buses and
ambulances is permitted. The selling of motor vehicles in or out of doors is prohibited_
[Amended 11-15-2004 by TOR-2004-171
B. Amusement parks, bowling alleys and roller skating rinks, or arcades containing six or
more pinball or electronic games and/or automatic amusement devices with a special
permit issued by the Board of Appeals. No more than five automatic amusement devices
duly licensed in accordance with § 75-1 of the Code of the Town of Agawam.
[Amended 12-7-1981; 9-7-2004 by TOR-2004-71
F. Wholesale sales and warehousing.
i
G. Converting, fabricating, manufacturing, altering, finishing or assembling, provided that in
no case is a total of more than 20,000 square feet of floor space devoted to such use.
H. Trucking terminals may be allowed only after a public hearing by the Board of Appeals.
I. ' Retail shopping centers comprised of only one building, planned as a total entity with
on-site common parking areas for customer and employee parking provided so as to
comprise an efficient and architecturally integrated shopping area. [Added 2-6-2006 by
TOR-2005-12]
(1) Allowed uses.
(a) Retail shopping centers may include department stores, variety stores,
supermarkets, furniture stores, household appliance stores, home
improvement stores, lawn equipment stores, gift shops, restaurants, including
drive-in and drive-through restaurants, drugstores, barbershops, beauty shops,
office supply stores, food stores, optical stores, clothing stores, financial
institutions and banks (with or without drive-through windows), health clubs,
movie theaters, doctors' offices, dentist offices and other professional offices
open to the public, children's day-care and activity centers. Only one
principal building per lot is allowed.
(b) These uses will not include, as a principal or accessory use, motor vehicle
services, such as new or used motor vehicle sales, freestanding tire, brake
and muffler shops, automobile repair shops, and gasoline stations. No
accessory use or building is permitted under this zoning.
{
(c) Unless by special permit of the Agawam Town Council, temporary outside
uses upon the parcel are prohibited, including but not limited to, circuses, .
festivals, tent sales, sidewalk sales, retail displays, vehicle displays, k
ii
(2) Retail shopping center requirements. ti
?1
(a) Application procedures.
[11 Site plan. Site plans for any such retail shopping center shall be 1.
submitted to the Planning Board for its approval as to site layout,
180.33 05. is-2006
- I
f
§ 180-48 AGAWAM CODE § 180-48
provisions for handling traffic flow, parking area, landscaping, traffic,
and architectural characteristics before a building permit is issued. To
assure that retail shopping centers shall be reasonably attractive in
appearance, the developer or its representative shall submit to the l?
Planning Board, in addition to the requirements set forth in § 180-13, an
architect's rendering or comparable illustration of the planned
construction, including landscaping, prior to applying for a building ';
permit. The architectural concept will be required to fit the character of
the community and be at the approval of the Planning Board prior to
issuing a building permit. Unless such a drawing approved by the
Planning Board is submitted to the Inspector of Buildings, no building
permit shall be issued, nor shall an occupancy permit be granted unless
and until the finished construction reasonably conforms to the drawing
submitted.
[2] Special permit.
s_
[a] No building permit shall be issued for, and no person shall
undertake, any use or improvement for a retail shopping center
unless an application for a special permit has been prepared for the :
proposed development in accordance with the requirements and
§ 180-11. For the purpose of this section, the special permit
granting authority shall be the Agawam Town Council.
[b] No building permit shall be granted by the Inspector of Buildings
until the Agawam Town Council has given its final approval that
the development or any phase thereof and any associated off-site
improvements conform to the approved application for a special
permit under this section, including any conditions imposed by the
Agawam Town Council. No temporary occupancy permits shall be
granted.
f
(b) Parking. No space within the required front setback area may be used for
parking unless approved by the Planning Board. An overall shared parking
scheme is preferred and developed in such a way that conforms to parking
space requirements for retail shopping centers as specified herein. In the
overall shared parking scheme, -the applicant shall specify how shared
parking areas are to be owned, constructed, operated and maintained and
provide the Planning Board with the proposed deeds, deed restrictions,
association bylaws or other legal documents or mechanisms for ensuring the
same. All parking lots shall be designed according to the following standards: r
[1) Minimum 4.511,000 overall parking ratio inclusive of all buildings (no ..
unheated garden shop or seasonal retail or wholesale sales);
[2] Minimum size for parking spaces shall be nine feet by 18 feet unless
when using angled parking as specified in the Institute of Transportation
Engineers, Traffic Engineering Handbook, Parking Class A.
[3] Minimum width for drive aisles shall be: l
180:34 05 -15-206
f
§ 180-48 ZONING § 180-48
[a] Twenty-four feet for two-way lanes with ninety-degree angle
parking.
[b] Eighteen feet for one-way lanes with sixty-degree angle parking.
[c] Eighteen feet for one-way lanes with forty-five-degree angle
parking.
[4] With the exception of parking for the disabled, all other parking spaces
shall be located at least 50 feet or greater from any building.
[5] Pavement markings, signage and any other required traffic control
devices within the site shall be specified according to the latest edition
of the Manual on Uniform Traffic Control Devices (M.U.T.C.D.)
standards. All roadway, stop line and traffic markings shall be of
thermoplastic.
[6] Pedestrian and handicapped access from the parking areas to the site
sidewalks and entrances to all buildings shall be specified to provide
safe access and internal circulation within the site:
[7] No overnight parking of vehicles not related to the ongoing operation of
the shopping center.
i
(c) . Traffic impact report. A traffic impact report, indicating projected traffic
flows to and from the project at its build-out, projected traffic flows and
levels of service on nearby roadways in five years and at build-out of the
development, current traffic flows, levels of service and accident records for
said roadways, projected capacity, service level and safety problems
anticipated in five years and at project build-out, proposed mitigation
measures and other relevant information shall be submitted as part of the site
plan application and presented to the Planning Board at a public meeting by a
professional traffic engineer or transportation planner. The area to be
included in the traffic impact study shall be determined by the Planning
Board. The Planning Board may require traffic signals, traffic.or turn lanes,
sidewalks, bikeways or any other mitigation measures that it believes
necessary to protect public safety and maintain proper traffic flow on
roadways within or impacted by the development.
(d) Streets and drives. Streets and drives within the development shall be
constructed in accordance with the Planning Board's subdivision: regulations,
except that the Planning Board may require additional sidewalks, traffic
lanes, turn Ianes, traffic signals, additional lane width based on truck traffic,
additional pavement depth based on truck traffic or other items or increases
in existing standards as needed or required. A minimum of two means of
egress from a public way must be provided. i
(e) Buffers and greenspace. Retail shopping centers shall contain a minimum of
25% greenspace not including parking and/or interior roadways. A space of
not less than 100 feet shall be maintained as an open space buffer with
180:35
§ 180-48 AGAWAM CODE § 180-48 I�
natural vegetation or landscaping along and adjacent to agriculturally and
l
residentially zoned property lines. The buffer shall not be built on, have no
structures to include barrier fencing, be paved or used for parking, dumpsters r
and/or storage, but may be utilized for stormwater' management and
greenspace only. All buffer areas shall be maintained and kept free of litter.
Additional area, plantings, decorative fencing or other items may also be
required by the Planning Board to protect adjacent property owners from
adverse impacts or to protect the character of the neighborhood, including
landscaped berms and/or fences along and adjacent to residentially zoned f
property lines. l
(f) Parking lot interior landscaping. Fifteen percent of the interior space of all
parking lots shall be landscaped areas. All parking lot islands, connecting .�
walkways through parking lots and driveways through or to parking lots shall
be landscaped according to the following standards:
[11 Visibility. To avoid landscape material blocking driver sight distance at
driveway-street intersections, no plant material greater than 24 inches in
height shall be located within 15 feet of a curb cut.
[21 Landscape islands. In addition to any pedestrian refuge areas, each
landscaped .island shall include two, minimum two-and-five-tenths-inch 4
caliper canopy deciduous trees, be of length greater than eight feet in its
smallest dimension, include at least 80 square feet of ground area per
tree to allow for root aeration, and have raised concrete curbs.
[31 Walkways and driveways. Connecting walkways through parking lots [
shall have two, minimum two-and-Five-tenths-inch caliper canopy
deciduous trees per 60 linear feet of such walkway planted in landscape
areas within five feet of such walkway. Driveways through or to
parking lots shall have two minimum two-and-five-tenths-inch caliper
canopy deciduous trees per 60 linear feet of and along each side of such
driveway, in landscape areas within five feet of such driveway.
[41 Parking bays shall extend no more than 20 parking spaces without an
intervening tree,- landscape island or landscape peninsula where
landscaped end islands are provided. Where landscaped end islands for
parking bays are not provided, an equivalent landscaped area must be
provided internally within the parking lot. l
[5) Adhere to all existing engineering regulations and requirements, l
(g) Lighting. Parking lot lighting shall be as unobtrusive as possible to provide
safe circulation and protect people and property. Light sources shall be
concealed and fully shielded and shall feature sharp cutoff capability so as to
minimize up-light, spill-light, glare and unnecessary diffusion on adjacent
Property. Unique areas or neighborhoods within the Town may have
additional design guidelines for lighting as required by the Planning Board.
Maximum on-site lighting levels shall not exceed 10 footcandles, except for
loading and unloading platforms where the maximum lighting level shall be
t
1
1 80:36 05-15-2006
i
§ 180-48 ZONING § 180-48
i
20 footcandles. Lighting levels measured 20 feet beyond the property line of I
the development site (adjacent to residential uses or public rights-of-way)
shall not exceed 0.1 footcandle as a direct result of the on-site lighting.
Parking lots shall remain fully lit for one hour following the closing of the
store or establishment for which the parking lot serves, and shall be lit by
security lighting thereafter. All lighting level measurements shall be
determined by mean footcandles over the designated lighted area. Maximum
height on lot poles shall be 20 feet and the fixture shall be shielded to
prevent excess spillage of light onto adjoining properties.
(h) Outdoor storage areas/mechanical equipment.
[I] No areas for outdoor storage, trash collection or compaction, loading or
other such uses shall be located within 100 feet of any public street,
public sidewalk or internal pedestrian way, and in no event shall be
visible from roadways (such areas will be screened from view,
including the use of live plantings such as arborvitae). These enclosed
areas for only the above purposes must be shielded by an opaque fence,
s or site-obscuring landscaping, either of which shall be not less than six
Feet.
[2] Loading docks, truck parking, outdoor storage, utility meters, HVAC
and other mechanical equipment, trash collection, trash compaction and
other service functions shall be incorporated into the overall design
theme of the building and the landscape so that the architectural design
is continuous and uninterrupted by ladders, towers and equipment.
[3] All rooftop mechanical equipment shall be screened.
[4] No outside sales areas/yards are permitted at any time, which include
any type of stationary or mobile vendor carts (i.e., food stands).
[5] No temporary or fabric structures shall be used for outdoor storage-
(i) Building facade. All exterior building elevations that face public streets
and/or customer parking areas shall be designed so that there are no large
expanses of blank walls. This requirement can be met by employing the use
of architectural features, including but not limited to the following, doors,
windows, pilasters, columns, horizontal and vertical offsets, material and
color variations, decorative cornices, awnings, dormers, pediments and
canopies. At least 75% of the building facades shall have decorative block,
glass, brick, or other decorative facing, or a combination thereof. Buildings
are to have reasonably consistent architectural elements to provide continuity,
while allowing individuality in architectural features to distinguish individual
businesses. In order to assure conformance with this requirement, exterior
building elevations must be reviewed and approved as a part of the overall
final site plan process by the Planning Board.
(j) Noise. No outside loudspeaker or audio sound systems shall be installed or
used other than for drive-through uses.
i
180:37 05-15.2006
180-48 AGAWAM CODE § 180-48
(k) Maintenance. All properties developed for commercial purposes, whether
they are occupied or not, shall be regularly maintained by the owner of the
property to the reasonable satisfaction of the Zoning Enforcement Officer, so
that they are not allowed to fall into a state of disrepair or neglect; and they
shall consistently present a neat and orderly appearance to the general public
as well as adjacent and nearby tenants and property owners. Regular f
maintenance shall include at a minimum, mowing of lawns, general
maintenance of landscaping beds, landscaping irrigation, trash and litter
iremoval, removal of signs, painting/maintenance of facades and signs, and
proper snow removal.
(1) Other requirements.
[11 Minimum size: five acres.
[21 Maximum facility 100,000 square feet, overall single building size.The
square footage of a mezzanine shall be included in the calculation of the "f
total square footage.
[3] Minimum frontage: 100 feet.
:k
141 Front yard setback: 100 feet.
[51 Rear yard setback: 100 feet.
[6] Side yard setback: 100 feet.
[71 Highway setback: 100 feet. ,
[81 Maximum building coverage shall not exceed 35% of the lot area. i
[91 No building within the retail shopping center shall be greater than one 1
story in height. Notwithstanding the foregoing, internal mezzanines (i.e.,
a low-ceilinged intermediate floor above the ground floor) shall be I�I
a]lowed. l
[101 Signage for individual businesses within retail shopping centers shall be
allowed as provided by § 180-80. In addition to the signs permitted for
the individual businesses, retail shopping centers are allowed one,
multifaced ground sign at each major street providing access to the
property identifying the retail shopping center and any specific uses or
occupancies within the shopping center. The maximum signage area for
each individual business depicted on the retail shopping center ground
sign shall not exceed 100 square feet per face for each individual
business. The total maximum signage area for each face of the retail
shopping center ground sign shall be limited as follows: a) If the sum of
the building area for all individual businesses within the retail shopping
center is less than 100,000 square feet, each face of the retail shopping
center ground signage shall not exceed 200 square feet plus 20 square
feet per each individual business listed; b) If the sum of the building
area for all individual businesses .within the retail shopping center
I�
180:38 05- 15-2006 i__.:
§ 180-48 ZONING § 180-51
exceeds 100,000 square feet, each face of the retail shopping center
ground signage shall not exceed 350 square feet plus 35 square feet per
each individual business listed. Ground signs shall not exceed 20 feet in
height as measured from the top of the sign. Signage design shall fit the
character of the community and be in communion with the architecture
of the proposed retail complex as well the surrounding environment.
Signage for this type. of development requires the approval of the
Planning Board. No scrolling, tethered or temporary signs are permitted.
Signage per individual establishment shall not exceed 1507o of the
establishment's facade.
§ 180-49. Height regulations. [Amended 6-6-2005 by TOR-2005-8]
A business building shall not be erected or altered to a height in excess of three stories or
more than 45 feet except as expressly provided herein. These provisions shall not apply to
chimneys, flag or radio poles, water tanks, hose towers or required bulkheads or elevator
penthouses_ A residence building shall comply with the height provisions for Residence B
Districts. Heights of other buildings or structures permitted in § 180-48A shall not exceed the
heights permitted in Residence B Districts. Notwithstanding the foregoing, business structures
may be erected or altered by special permit to a height in excess of three stories or more than
45 feet when the business structure constitutes part of an amusement park,
§ 180-50. Setbacks; yards; loading areas.
A. Setbacks and rear yards shall be at least 35 feet in their least dimension.
�i
B. Side yards requirements shall be a minimum of 10 feet, except adjacent to residential or �I
agricultural zones, at which time it would be 15 feet. [Amended 4-7-1986 by
TOR-86-6]
C. Space shall be provided for vehicle parking and for the loading and unloading of all '
materials, equipment and merchandise on the premises and entirely off the traveled way,
with such additional space as may be necessary to provide free and easy access to that f
portion of the building so as not to interfere with traffic on the public way. Loading and
unloading are prohibited on the front of any building.
D. A building devoted in whole or in part to residence uses shall comply with the j
requirements for setbacks, side yards and rear yards of the Resident B District.
§ 180-51. Lot coverage. [Amended 4-7-1986 by TOR-86-6]
No business building shall be erected or altered so as to cover more than 50% of the area of r
the lot on which it is located. A building devoted in whole or in part to residence or other
permitted purposes in § 18048A shall comply with the requirements of lot coverage in
Residence B Districts.
i
{
}
180:39 os- 15- 2006
I,�
• 0
§ 180-52 AGAWAM CODE § 180-55
§ 180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-6]
No lot shall have a frontage of less than 100 feet on a street or an area less than 10,000 square
feet.
§ 180-53. Landscaping.
To assure that structures in Business B Districts shall be reasonably attractive in appearances,
the builder or his representative shall submit to the Planning Board, in addition to other
requirements, an architect's rendering or comparable illustration of the planned construction,
including landscaping, prior to applying for a building permit. Unless such a drawing
approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a
business building shall be issued, nor shall an occupancy permit be granted, unless and until
the finished structure conforms in appearance to the drawing submitted.
§ 180-54. Lumberyards; residences; gasoline stations.
A. Secondhand lumberyards and secondhand buildings material yards are prohibited.
B. No building or other structure shall be erected, altered or used for residential purposes
which shall accommodate or house more than four families. All four-family buildings or
structures used for residential purposes shall be erected on a parcel of land containing not
less than one acre in area and having not less than 150 feet of frontage on a street.
C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land
used as a gasoline filling station; provided, however, that any such gasoline filling station
having an automobile dealer's permit shall be governed by the provisions of such permit.
ARTICLE X
Industrial District A
§ 180-55. Permitted uses. [Amended 11-9-1994 by TOR-94-7 71
In any Industrial District A 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 of the following:
A. Any business or agricultural use permitted in an Agricultural, Business A or Business B
District.
B. Any industrial purpose, except those contained in the following list, which may be
allowed only after a public hearing before the Board of Appeals:
(1) Acetylene gas, cyanide compound or oxygen manufacture.
(2) Asphalt manufacture or refining.
7. Editor's Note: This ordinance provided for the repeal of former Subsection A and the renumbering or former
Subsections$and C to A and B,respectively.
180:40 05 -is -2(ft
PARCEL MAP
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Owner: COSVEST-AGAWAM DEVELOPMENT
0 149 298 Feet
Parcel 287 SPRINGFIELD ST Date:
Address: Scale: 1"=149' (1:1785) 1/28/08
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Tax Card Information
Unofficial Property Record Card Page 1 of 1
Unofficial Property Record Card - Agawam, MA
General Property Data
Parcel ID 115817 Account Number
Prior Parcel ID 6810--
COLVEST-AGAWAM DEVELOPMENT
Property Owner CVS 00859-01 Property Location 287 SPRINGFIELD ST
CIO ePROPERTY TAIL INC-DEPT-
123 Property Use STORE
Mailing Address P.O.BOX 4900 Most Recent Sale Date 612711995
Legal Reference 9167 209
City SCOTTSDALE Grantor ATLANTIC BRIGHTON
Mailing State AZ Zip 85261-4900 Sale Price 925,000
ParcelZoning BB Land Area 1.616 acres
. Current Property Assessment
Card 1 Value Land Value 273,700 Building Value 571,200 Total Value 866,300
Building Description
Building Style CONVEN MKT Foundation Type SLAB Flooring Type CARPET
#of Living Units 1 Frame type STEEL Basement Floor NIA
Year Built 1948 Roof Structure FLAT Heating Type FORCED WA
Building Grade GOOD Roof Cover TAR+GRAVEL Heating Fuel OIL
Building Condition Very Good Siding CONC BLOCK Air Conditioning 100%
Finished Area(SF)9000 Interior Walls DRYWALL #of Bsmt Garages 0
Number Rooms 0 #of Bedrooms 0 #of Full Baths 0
#of 314 Baths 0 #of.112 Baths 2 #of Other Fixtures 1
Legal Description
Narrative Description of Property
This property contains 1.616 acres of land mainly classified as STORE with a(n)CONVEN MKT style building,built about 1948,having
CONC BLOCK exterior and TAR+GRAVEL roof cover,with 1 unit(s),0 room(s),0 bedroom(s),0 bath(s),2 half bath(s).
pro a Images
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Disclaimer:This information is believed to be correct but is subject to change and is not warranleed.
http://agawam.patriotproperties.com/RecordCard.asp 1/28/2008
Order of Conditions
November 29, 2007
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 87
Provided
by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40.
A. General Information
Important:
When filling From:
out forms on Agawam
the computer, Conservation Commission T
use only the
tab key to This issuance if for(check one): .
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
ColvestlA4awam LLL, c/o Peter LaPointe same
Name Name
380 Bloomfield Ave„ Suite 208 _
Mailing Address Mailing Address
Windsor CT 06095
City/Town State Zip Code City/Town State Zip Code
1. Project Location:
287 Springfteid St►eet___ Agawam
Street Address CitylTown
115 8/17
Assessors Map/Plat Number Parcef/Lot Number
2, Property recorded at the Registry of Deeds for:
Hampden _ 916/209, 157611518, 340/118,
County 256/32 Page
Certificate(if registered land)
3. Dates:
8-13-07 11-8-07 11-29-07
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Notice of Intent Plans final revision
Title date 10/10/07
prepared by Huntley Associates
Title Date
Mitigation Plan, NEE, Inc. - _ 10125107
Title Date
5. Final Plans and Documents Signed and Stamped by:
Mark McClusky, FE
Name - —
6. Total Fee:
$1,050.00
(from Appendix B:Wetland Fee Transmittal Form)
Massachusetts Department of Environmental Protection
DEP File Number
1�— Bureau of Resource Protection Wetlands
` WPA Form 5 - Order of Conditions 87-0537
11 Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings - -
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above.Therefore, work on this project may not go
forward unless and until s new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.06(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2, The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
Massachusetts Department of Environmental Protection DEP Fife Number:
'p -- Bureau of Resource Protection - Wetlands
WPA.Form 5 - Order of Conditions �
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Findings (cunt.)
4. The work authorized hereunder shaft be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance_ if this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill,Any fill shall contain no trash,refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing�the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 87-0537 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
Massachusetts Department of Environmental Protection DEP File Number:
�Y-- Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Po0537ed EP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §44
B. Findings (cont.) _
15_ This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetfand,
the boundary of the Wetfand in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging.Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means_ At no time shall sediments be deposited in a-wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion andfor damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
SEE ATTCAHED CONDITIONS
Findings as to municipal bylaw or ordinance
Furthermore, the hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Municipal Ordinance or Bylaw Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically.
Municipal Ordinance or Bylaw Citation
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
TOWN OF AGAWAM, MASSACHUSETTS
CONSERVATION COMMISSION
ORDER OF CONDITIONS
ColvestlAgawam LLC -#87-0537
18. This Order supersedes all previous Orders of Conditions issued for this work.
19. During the construction phase, the applicant shall be responsible for maintaining a copy
of these Orders at the site. The applicant shall be responsible for compliance with the
conditions of these Orders.
20. In advance of any work on this project, the applicant shall contact the Conservation
Commission and arrange a conference between the Commission, contractor,
designer/engineer, and applicant. The purpose of this conference is to insure that all of
the Orders are understood. This conference shall take place at a regularly scheduled
Commission meeting.
21. prior to the start of construction, adequate erosion and sedimentation control measures
shall be implemented, and shall be maintained throughout the entire construction phase
and until the site has become stabilized with permanent vegetative cover.
22. The Commission shall be notified at least seventy-two hours prior to the start of
construction and after erosion control measures are in place to enable the Commission to
ensure compliance with these Orders.
23. The erosion and sedimentation barrier shall serve as the alteration limit line_ Said barrier
shall fully protect the adjacent wetland/resource area, and no work shall be permitted
beyond this limit Iine. No machinery shall be operated beyond this limit line.
24. There shall be no discharge or spillage of oil, fuel, any petroleum product or any other
pollutant into any area of statutory interest.
25. At no time shall any construction materials, soils, fills, sediments, dredging or any other
substances be stockpiled or stored in any area of statutory interest.
26. All work within the area of statutory interest shall be performed so as to create minimum
disturbance to the existing vegetative cover and contours.
27. The construction site shall be left in a stable condition at the close of each day. Erosion
and sedimentation controls shall be continuously monitored to ensure proper operation.
28. If any alteration of the wetland/resource area does occur, the Commission shall impose
such measures as it finds necessary to protect and restore the areas of statutory interest.
29. Whether from on-site or off-site, any fill used in connection with this project shall be
clean fill as described here:
The fill material shall be clean coarse washed sand or other clean granular material
essentially free of clay, fines, dust, organic matter, large stones, masonry, stumps, frozen
clumps of earth, wood tree branches and waste material. Before the fill is put in place, all
trees, brush and stumps shall be removed from the area to be filled. Topsoil, peat and
other impervious materials shall be removed from all areas to be filled prior to the
placement of the fill material.
X All disturbed areas of statutory interest shall be stabilized with permanent vegetative
cover. After proper grading, the area shall be foamed with not less than four (4) inches of
good duality loam, seeded with a cover appropriate to the area, (and fertilized with an
organic 10-6-4 or equivalent dry fertilizer at the rate of fifteen(15) pounds per one
thousand feet). A mulch of hay, straw or bark of at least two (2) inches in depth shall be
placed on newly seeded areas and all slopes capable of eroding into the areas of statutory
interest.
31. This parcel shall carry the following restrictions, and a covenant so noted on its deed:
"This lot contains certain areas or abuts areas protected by Chapter 131, Section 40 of the
General Laws of Massachusetts known as the Wetlands Protection Act and comes under
the jurisdiction of the Agawam Conservation Commission. No cutting of trees, clearing
of brush, digging, filling in with soil or debris, or the building of bridges is permitted
within one hundred (100) feet of the designated wetland areas or within 200' of any
designated river without specific approval granted by the Conservation Commission."
32. The Commission reserves the right to impose additional conditions on any or all portions
of this work to minimize the impact of potential site erosion or noticeable degradation of
water quality discharging from the site at any time.
33. Members and Agents of the Agawam Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the construction site to
evaluate compliance with the order and to require the submittal of any additional
information deemed necessary.
34. This order shall apply to all successor or assignee in interest or control of the subject
property. Any conveyance of interest or control in the subject property shall make
reference to this order by stating that the conveyance is subject to the provisions of an
Order of Conditions under the Wetlands Protection Act, M.G.L. Chapter 131, Section 40,
and by giving the book and page reference in the Hampden County Registry of Deeds
where this order is recorded.
35. The petitioner shall have recorded in the Hampden County Registty of Deeds an "Order
of Conditions Form"provided by this Commission. The Commission will not allow
work to begin until proof of recording is provided the Conservation Commission.
36, Wetland Replication Area is to be constructed concurrent with the project'construction
and should be completed within the first growing season.
37. Wetland Replication Area is to be monitored for a period of five years. Monthly reports
are to be submitted to the Conservation Commission during construction, thereafter,
reports shall be submitted twice per year during the growing season.
A The Conservation Commission voted on each Perfonnance Standard on September 28,
2007. With a 6-1 vote, the Commission found each presumption was overcome.
Massachusetts Department of Environmental Protection ❑EP File Number:
�<-- 'Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.) i
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions 4 from the date Of issuance.
November 29 , 2007
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate department of Environmental Protection Regional
Office(see Appendix A) and the property owner(if different from applicant).
Signatures:
veri s
tier er .ran g er
Fred arpin
On 29th Of November, 2007
Day Month arrd Year
before me personally appeared
Steven Douglas , Jill Messick, Sheryl Becker, Frank Meagher
tcVr�Cr�n , Ukthe person described in and who executed the foregoing instrument and
acknovt d d th elshe ecuted the sam as his/her free act and deed.
June 4 , 2010
Notary Public My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested, on
December 5 , 2007
Date Date
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^IIr-:RALL SITE PLAN
Valley Vision 2
The New Regional Land Use Plan for the
Pioneer Valley
Prepared by the Pioneer Valley Planning Commission
September 2007
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• Lands residential or agricultural, and not inclu ove
Industrial �c • Econo pportunity Areas (designated by Economic
Commercially Zoned Assistance Coordinating Council)
Land • Areas designated for Economic Development in municipal
Community Development Plans
• Vacant Land within existing industrial parks
• Brownfields
• Lands zoned commercial or industrial,and not included above.
Land Suitable for Smart
Growth Districts
Undeveloped or Re- • Land located within 1/2 mile of a bus or commuter rail
developable Land stations.
Suitable for Smart Growth . An Area of Concentrated Development, including a city or
Districts (under Chapter Town center, an existing commercial district, plus any
40R) qualifying Adjacent Area, An Area of Concentrated Develop-
ment is further defined as a city or town center or existing
commercial district, if the primary current use (or zoning, if
undeveloped)is industrial or commercial or mixed use.
• UnRsewered existing rural village districts which contain land
within 1/2 mile of the principal road intersection or center
point of district(which is defined as containing two or more of
a town hall, post office,public library,public school or public
safety facility) or, contain land within 1/2 mile of an existing
village retail district,
• A Highly Suitable Location, including areas identified as an
appropriate locus for high-density housing or mixed use
development in a local comprehensive plan, community
development plan,area specific plan, or regional policy plan.
• A Qualifying Adjacent Area to one of the above, which must
be within 1/4 mite of a school or college, hospital,municipal `
office building, public library, post office, public safety
facility, civic facility, recreation facility, a commercial or retail
o with a minimum hourl peak
period service.
Developed Land Suitable Same as above, but land is existing developed land suitable for
for Smart Growth Districts inf ll development
Sensitive and Within ame as an uitable for Protected Farmland and Open Space,
Potential Smart Growth but is located within a potential Smart Growth District boundary
Districts
p was prepared with financial support from the Jesse B.Cox Charitable Trust,from the Massachusetts Highway
Department,and from the U.S. Department of Transportation,Federal Highway Department
Additional Smart Growth Districts in Blandford,Ware,and West Springfield
were determined in.their community development plans.
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0 0
PIrmemorandum
To: Planning Board
CC: Chief R. Campbell
From: Sgt. R. Niles
Date: 01-18-2008
Re: Proposed Zone Change— Culvest-Agawam Dev.Co.LP—287 Springfield Street
Based upon the information provided, it would appear that this proposed zone change
would have little negative impact to pedestrian,bicycle, and or motor vehicle traffic
safety.
Respectfully Submitted
- A C. I&
Sgt. 'chard Niles
Safety Officer
01/31/2008 10:48 FAX 4138210631 fa002/002
TOWN GF AGAWAM
Department of Public Works
1000 Suffield Street a Agawam, MA 01001
Tel (413) 8210600 9 Fax (413) 9210631
John P.Stone • Superintendent
MEMORANDUM
To: Planning Board
CC: File
From: Engineering Division
Date: January 31,2008
Subject: proposed Zone Change— Colvest- Agawam Dev. Co. LP—287 Springfield—F-276
Per your request dated January 11, 2008, we have reviewed the Proposed Zone Change entitled: "Plan of
Proposed Zoning Change in Agawam, MA; prepared for: Colvest — Agawam Development Cerny LP;
Prepared by: Holmberg & Howc, Inc., 87 Union St, Easthampton, MA; Scale: 1" = 80'." And we have no
comment at this time.
If you have any questions please do not hesitate to contact this division.
' Sincerely,
0,0-4
Vladimir Caceres Michael C. Cbase,P.L.
Civil Engineer I Town Engineer
9-Vwme1276 rear rowlcy n-colycsl�W wem 1clpropoded Pone chengebnemo Ldoc
MEMO
TO: Building Inspector
Safety Officer
Fire Department
Health Department
Conservation Commission
Engineering Department/DPW
Board of Appeals
School Committee
Assessors
FROM: Planning Board
DATE: January 11, 2008
SUBJECT: Proposed Zone Change - Colvest-Agawam Dev. Co. LP - 287 Springfield Street
The Planning Board has been requested by the Town Council to make a recommendation on a
proposed zone change. Colvest-Agawam Development Co. LP has submitted a zone change
request from Residence B to Business B for a portion of property at 287 Springfield Street.
The Planning Board will be holding its public hearing on this proposal on Thursday, January 31,
2008. We would appreciate any comments you may have prior to this hearing.
Sincerely,
Travis Ward,Acting Chairman
AGAWAM PLANNING BOARD
TW/DSD:prk
J4
Town of Agawam
'' 36 Main Street Agawam, Massachusetts 01.001-1837
Tel. 413-786-0400 Fax 413-786-9927
January 11, 2008
Dear Abutter:
Colvest-Agawam Development Co. LP has submitted to the Town a request for a zone change on
a portion of property located at 287 Springfield Street. The property is currently zoned
Residence B. The.request is to rezone the property Business B.
The Assessors 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, January 31, 2008 at 7:15 PM. The meeting will be held at the Agawam Public
Library, 750 Cooper Street,.Agawam.
You are encouraged to attend and comment.
Sincerely,
1 r Kai '
Travis Ward,Acting Chairman
AGAWAM PLANNING BOARD
TW/DSD:prk
HOTTIN SANDRA ANN MURZIN YURI KARISON BAY ASSOCIATES LLC
12 ROWLEY ST 64 HILL ST 1097 AMOSTOWN RD
AGAWAM , MA 01001-1601 WEST SPRINGFIELD , MA 01089 WEST SPRINGFIELD , MA 0108,
Parcel ID: I14 3 12 Parcel ID: I14 3 13 Parcel ID: I14 4 2
CORNELIUS MARK SHIBLEY EDNA D`AMATO PAUL 3
135 ROBIN RIDGE DR 55 BLUEBERRY RIDGE 105 ROWLEY ST
FEEDING HILLS , MA 01030-1213 WESTFIELD , MA 01085-4571 AGAWAM , MA 01001-1622
Parcel ID: I14 4 6 Parcel ID: I14 5 1 Parcel ID: I14 5 15
SHIBLEY REALTY CORP SHIBLEY VICTOR JR SHIBLEY EDNA E
51 ROWLEY ST 88 CEDAR WOODS GLEN 55 BLUEBERRY RIDGE
AGAWAM , MA 01001-1641 WEST SPRINGFIELD , MA 01089 WESTFIELD , MA 01085-4571
Parcel ID: I14 5 2 Parcel ID: 114 5 3 Parcel ID: 114 5 4
DONOGHUE DAVID B SHIBLEY EDNA E PHAM HOA
17 ROWLEY ST 55 BLUEBERRY RIDGE 25 ROWLEY ST
AGAWAM , MA 01001-1641 WESTFIELD , MA 01085-4571 AGAWAM , MA 01001
Parcel ID: I14 5 5 Parcel ID: I14 5 6 Parcel ID: 114 5 7
COTE MICHAEL M TOWN OF AGAWAM WALSH ❑OUGLAS T +
31 ROWLEY ST 36 MAIN ST 4 MCGRATH TERR
AGAWAM , MA 01001-1641 AGAWAM , MA 01001-1837 AGAWAM , MA 01001-1320
Parcel ID: I14 5 9 Parcel ID: I15 1 2 Parcel ID: I15 2 4
CHAWLA MICHELE L PALATIUM REALTY INC PALATIUM REALTY INC
2 MC GRATH TERRACE 1090 HALLADAY AVE 1090 HALLADAY AVE
AGAWAM , MA 01001 SUFFIELD , CT 06078 SUFFIELD , CT 06078
Parcel ID: 115 2 5 Parcel ID: I15 2 6 Parcel ID: I15 2 7
DEPALMA RALPH SHARPY DEAN M SHARPY DEAN M
1090 HALLADAY AVE 242 MAPLE ST 242 MAPLE ST
SUFFIELD , CT 06078 AGAWAM , MA 01001 AGAWAM , MA 01001
Parcel ID: I15 2 8 Parcel ID: I15 3 4 Parcel ID: 115 3 5
SARAT JOHN S JR SARAT JOHN S JR CROWLEY EARL R
3 PINERIDGE DR 3 PINERIDGE DR 243 MAPLE ST
WESTFIELD , MA 01085-4523 WESTFIELD , MA 01085-4523 AGAWAM , MA 01001-1336
Parcel ID: I15 7 10 Parcel ID: I15 7 11 Parcel ID: 115 7 9
JK REAL ESTATE LLC JK REAL ESTATE LLC
245 SPRINGFIELD STREET 245 SPRINGFIELD STREET
AGAWAM , MA 01001 AGAWAM , MA 0 100 1
Parcel ID: I15 8 13 Parcel ID: I15 8 14
http://hosting.tighebond.com/agawam/printLabels.aspx?dist=3 00&pid=I 15%208%2017&coor... 1/11/2008
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, January 31, 2008 at 7:15
PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of Colvest-Agawam Development Co. LP for a proposed zone
change on a portion of the property at 287 Springfield Street. The property is zoned Residence
B. The request is to rezone it Business B. Copies of the proposed zone change can be obtained
from the Agawam Planning Office or the Agawam Town Clerk's 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:
Travis Ward, Acting Chairman
Agawam Planning Board
(Ad to be run 1/17/08 & 1/24/08)
cc: Planning Boards of-
Southwick
Springfield
West Springfield
Westfield
Suffield, CT
PVPC
Dept. Of Housing &Community Development
a�.
e
INTEROFFICE MEMORANDUM
TO: PLANNING BOARD
FROM: BARBARA BARD, COUNCIL CLERK
SUBJECT: ZONE CHANGE FOR 287 SPRINGFIELD STREET, AGAWAM
DATE: 1/11/2008
Attached are sixteen (16) copies of a requested Zone Change for the property
known as 287 Springfield Street, Agawam, MA. The Zone Change request is to
change the °parcel from Zone RB to Zone BB. This item will appear on the
Council's January 22, 2008 Agenda to suggest a Public Hearing date of February
19, 2008.
Thank you.
JAN-07-2008 NON 12,' 12 PM The Cofvest Grain LTD FAX 1O. 860 688 2343 R 02102
LEGAL DESCRIMON
Pa"to be Rezoned from Zone RB to Zane BB
Agawam,Maaaaebfteas
The land in Agawam,Hampden County,Massachusetts off of the Southerly side of Springfield
Street and shown as Proposed Zone BB on a plan entitled"Plan of Proposed Zoning Change in
Agawam. Massachusetts Prepared for Colvest Agawam Development Company LP",bated January
4,2008, prepared by Holmberg&Howe, Inc.and is bounded and described according to said plan
as fobs to wit:
Beginning at a point St the northeastery comer of the land herein described said point being
S 0301 MCI*W 194.93 feet from an iron pin on the southerly sideline of Springfield Street at the
Northwest comer of land of JK Real Estate, LLC and the northeast 00mi er of land of Cohrest-Agawam}
Developshnent Company Limited Partnership;
thence, S 03°1T00"W a"said JK Real Estate, LLC 108.26 feet to an iron pin;
thence, S OV31729"W along said JK Real Estate,LLC 61.16 feet to an iron pin and land of E,E.
Shlbley;
thence,S W00'00"W along said Shibiey 121.67 fleet to an iron pin,
thence,N 2194552"W along said Shibley 89.70 feet to an iron pin at etfter land of E. E.Shibley;
thence,N 14044*00"E through land of Colvest-Agawam Devebprnenttompany.LP 63.83 feet to a
point:
thence.N 81°25'20"E through said Colvest-Agawam Development Company,LP 156.75 feet to the
point of beginning.
The above described parcel contains 23.745 square feet,more or less.
Qf nr further reference see also plans recorded in the Hampden County:Registry of Deeds at Plan
�oofc�340 Page 118 and Plan Book 348•Pap 130.
Lj j CL
287 Springfield Street
January 7,2008
OL
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PROPOSED ZOA E 88
LIAE REARMS DISTANCE "
-� 2, 745 SQ. FT.+/- L1 N 14--44'00' E 63.83
L2 S 09'30'29' N 61.16 >.
L3 N 21'45'52' N 89.70
121.67'
$ s 90*00 loo m< > .
�,A E. E. SHIBLEY J AN
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PLAN OF PROPOSED ZONING CHANGE IN
Y.,-- E&,i1.Y
�. y ° AGAWAM, MASSACHUSETTS
HOLMERG S HONE, INC. 434308 PREPARED FOR
87 UN16N STREET ` ��� e COL VEST-AGAWAM DEVELOPMENT COMPANY LP
PO BOX 945 p Eggl
EASTHAMPTON HA 0$027 N 't�
413-529�1700 JANUARY -4 41M 1' - 80'
JOB NO., R006-017 0 tl�l�p�3