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8608_ZONE CHANGE MARK DRIVE
'3� 0 ? IVA 86+08 ZONE CHANGE - �1ark DrivP- hungone,, Polley, Olbrych 4 c�� I1 © L)=�e 1 0AAwj()A--, c-2009- # pro-2009-U WHEREAS, Richard J. Langone and Norman A. Pelley are the owners of two parcels of land situated on Mark Drive,Agawam,Hampden County,Massachusetts(Assessor's Parcels K3-1 7 and K3-1-8)which are partially in the Residence A-2 zoning district and partially in the Business A zoning district, WHEREAS,Jay A.Pelley and Evelyn M. Pelley are the owners of a parcel of land situated on Mark Drive,Agawam, Hampden County,Massachusetts (Assessor's Parcel K3-1-9)which is in the Business A zoning district;; WHEREAS, Frank Olbrych, Jr. and Carol A. Olbrych are the owners of a parcel of land situated on Mark Drive, Agawam, Hampden County, Massachusetts (Assessor's'Parcel K3-1-10)' which is in the Business A zoning district; WHEREAS, Langone Realty Corporation is the owners of five parcels of land situated on Mark Drive,Agawam,Hampden County,Massachusetts(Assessor's Parcels K3-1-11,K3-1-26,K3 1-12,K3-1-13 and K3-1-17)which are partially in the Residence A-2 zoning district,partially in the Business A zoning district and partially in the Agricultural zoning district; WHEREAS, Norman A. Pelley is the owners of three parcels of land situated on Mark Drive,Agawam,Hampden County,Massachusetts(Assessor's Parcels K3-1-14,K3-1-15 and K3-1- 16) which'are partially in the Residence A-2 zoning district, partially in the Business A zoning district and partially in,the Agricultural zoning district; WHEREAS, Richard J. Langone and Norman A. Pelley, Jay A. Pelley and Evelyn M. Pelley,Frank Olbrych,Jr,and Carol A.Olbrych,Langone Realty Corporation,and Norman A.Pelley have petitioned the Town of Agawam to have their entire parcels(and the land underlying the private way known as Mark Drive) be placed in the Residence B zoning district;; NOW THEREFORE, the Agawam City Council hereby changes the zoning on the following described parcels of land to the Residence B zoning district: PARCELS 1 & 2 Current Owner: Richard J. Langone &Norman A. Pelley Property Name: Mark Drive A awam MA Assessor's Parcel ID`: K3-1-7 and K3-1-8 0 PARCEL 3 Current Owner Jay A. & Evelyn M. Pelle Property Name: Mark Drive Agawam, MA Assessor's Parcel ID: K3-1-9 PARCEL 4 Current Owner: Frank Olbrych, Jr. & Evelyn M. Olbrych Property Name: Mark Drive, Agawam, MA Assessor's Parcel ID': K3-1-10 PARCELS 5 7- 8 & 12 Current Owner: Langone Realty Corporation Property Name: Mark Drive, Agawam,MA Assessor's Parcel ID K3-1-11 K3-1-26 K3-1-12 K3-1-13 and K3-1-1'7 PARCELS 9, 10& 11 Current Owner: Norman A. Pelley Property Name: Mark:Drive, Agawam, MA Assessor's Parcel ID> K3-1-14, K3-1-15 and K3-1-16 Legal Description of Pro e The land (including the land underlying the private way known as Mark Drive) in Agawam, Hampden County,Massachusetts which is shown on a plan of land entitled"Subdivision Plan South Side Manor for Vincent Connor"dated November 26, 1973,revised January 23, 1974 and recorded in the Hampden County Registry of Deeds in Book of plans 150, Page 76,'to which plan reference is made for a more particular description. Dated this_ day of � 2009. PER ORDER OF THE AAWAM CITY COUNCIL Letellier, C uncil President APPROVED AS TO FORM ANDMLECALI`I"'Y Christopher C. Jotfn, Solicitor —MAYQRAL ACTION Deceived this - day o } 2009, from Council Clerk. APPROVAL OF�LEGISLATION y 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 2tltl'�, Susan R. Dawson, Mayor DISAPPROVAL OF LEGISLATION By the powers rested 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 2009, for the following reason(s): Susan R. Dawson, Mayor RETURN OF LEGISLATION TO COUNCIL CLE Returned to Council Clerk this � day of W Q— , 0 Town of Agawam �. 36 Main Street Agawam, Massachusetts 0100 -1837 Tel. 413-786-0400 Fax 413.-786i-9927` May 22, 2009 Gina Letellier, President - Cecilia Calabrese; Vice President - ' George Bitzas, Councilor Paul C. Cavallo,;Councilor ®. ;- Jill Messick, Councilor w� - Joseph Mineo, Councilor -' Dennis J.'Perry,Councilor` Nj Donald M. Rheault, Councilor Robert E. Rossi, Councilor JillP. Simpson,Councilor Robert M.Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on May 21, 2009 the Agawam Planning Board voted 4-0 to send a positive recommendation to the Town Council with regard to the Zone Change request by Langone,Pelley, and Olbrych.for property on Mark Drive. The Board feels that the Residence B zone will provide a transitional zone for the area; provide for affordable housing and is consistent= with general planning. Attached,for your information,,is the report prepared by Planning Board on this request. If you have any questions,please contact this office at 786-0400, extension 283. Sincerely, TravisWard, Chairman AGAWAM PLANNING BOARD' cc: Town Clerk, Town Solicitor,File 0 e,e Langone Realty Corporation 108 Front Street' West Springfield, MA 0108 Agawam Planning Board Town of Agawam 36 Main Street Agawam, MA 01001, Re- Zone Change Mark Drive, Agawam, MA Dear Ladies and Gentlemen: Please be advised that we are writing you to confirm that our property located at Lots:13, 613, +A, 8A & 12 Mark Drive, Agawam, Massachusetts be changed to a; Residence B Zone from a Business A Zone., We definitely assent to and join in on this zone change petition: Also, be advised that Gary B. Liquori, Esq. i s representing us on this matter. IN WITNESS WHEREOF, the said parties hereto have set their hands and seals on this day of May, 00g. LANGONE REALTY CORPORATION Lt Q4 P--� tA�L Richard J. Langone, Pre ent wi ss COMMONWEALTH OF MASSACHUSETTS County of Hampden May 9 I , 20`09 On this day of May, 2009, before me, the undersigned notary public, personally appeared Richard J. Langone, President, proved to me through satisfactory evidence of identification, which was a to be the person(s) whose name(s) are signed on the ceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose for Langone Realty Corporation. Notary Public My C m ission Expi �y 1 Agawam Planning Board Town of Agawam 36 Main Street Agawam; MA 01001 Re'- Zone Change Mark Drive, Agawam, MA Dear Ladies and Gentlemen: Please be advised that we are writing you to confirm that our properties located at Lots 1 & 2A Mark Drive, Agawam, Massachusetts be changed to a Residence E Zone from a Business A Zone and Residence Aµ2 Zone. We definitely assent to and join in on this zone change petition. Also, be advised that Gary B. Liquori, Esq. is representing us on this matter, IN WITNESS WHEREOF, the said parties hereto have set their hands and seals on this ., ( day of-May, 2009. VUNor m4 an A. Pellet' ss LJ is and Lan 'one itne COMMONWEALTH OF MASSACHUSETTS County of Hampden May c� , 2000 On this day of May, 2009, before me, the undersigned notary public, personally appeared Norman A. Pelley and Richard J. Langone, proved to me through satisfactory evidence of identification, which was 2Y:' ell to be the person(s) whose name(s) are signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. ti= Notary Public o mission Expires: %/do a*a•y\1\\\\S\ yy 1 r�is r JJ z r :fr 1!\1 eetitias�`a Jay A. Pelley Evelyn M. Pelley 26 Davis Road Southwick; MA 01077 Agawam Planning Board Town of Agawam 36 Main Street' Agawam, MA 0100 Re: Zone Change Mary Drive, Agawam, MA; Dear Ladies and Gentlemen;. Please be advised that we are writing you to confirm that our property located at Lot 3A Mark Drive, Agawam, Massachusetts be changed to a Residence B Zone from a Business A Zone. We definitely assent to and join in on this zone change petition. Also, be advised that Gary B. Liquori, Esq. is representing us on this matter. I NE S WHEREOF, the said parties hereto have set their hands and seals on this day of May, 2009, 4 Jay A. Niley the s " s/ 'V��V Evelyn M. Pelley itrte COMMONWEALTH OF MASSACHUSETTS H-, County of Hampden May 0` , 2009 On this day of May, 2009, before me, the undersigned notary public, personally appeared JaXA. Pelley and Evelyn M. Peliey proved to me through satisfactory evidence of identification, which was �F yyaft t to be the person(s) whose name(s) are signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public MiYVC o ission Expires: I f d r r 1 7� e T,q Y PO 4� .1 Frank Olbrych, Jr. Carol A. Qlbrych' 33 Mark Drive Agawam, MA 01001 Agawam Planning Board Town of Agawam 36 Main Street Agawam, MA 01001 Re Zone Change Mark Drive, Agawam, MA Dear Ladies and Gentlemen- Please be advised that we are writing you to confirm that our property located at Lot 4A Mark Drive, Agawam', Massachusetts be changed to a Residence B Zone from a Business A Zone. We definitely assent to and join in on this zone change petition. Also, be advised that Gary B. Liquori, Esq. is representing us on this matter. IN WITNESS WHEREOF, the said parties hereto have set their hands and seals on this CAC day of May, 2009. In'R Frank Olbrych, Jr, ss Lit niL Carol A. Olbrych Wit: ss COMMONWEALTH OF MASSAC'HUffSETTS County of Hampden May f , 2009` On this I day of May, 2009, before me, the undersigned notary public, personally appeared Frank Olb ch Jr. and Carol A. Olb' ch proved to me through satisfactory evidence of identification, which was USt d�,tUer" to be the person(s) whose name(s) are signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: r s � i Town of Agaw am 36 Main Street Agawam,Massachusetts 01001- 837' Tel. 413-786-0400 Fax 413-786-9927' May 7, 200 Dear Abutter: Langone Realty Corp.,Norman Pelley, Jay and Evelyn'Pelleyand Frank and Carol Olbrych have submitted to the Town a request fora zone change on property located on Mark Drive. The property is currently zoned Residence A-2, Agricultural and Business A. The request is to rezone the property entirely Residence 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, May 21, 2009'at 7:00 PM. The meeting will'be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to;attend and comment: Sincerely, Travis Ward, Chairman AGAWAM PLANNING BOARD TWIDSDprk °ces Ic1 r K / w Page I of 1 k SIX FLAGS NEW ENGLAND INC PELLEY NORMAN A; PELLEY NORMAN A PO BOX'543185 33 35 MARK DP 412 NO WEST ST DALLAS>, TX 753S4 31a5 AGAWAM , MA 01001 FEEDING HILLS , MA 01030-1014 Parcel ID: K3 11, Parcel',10: K3 1 t0 P reel 1D: K3 1 15 PELLEY NORMAN A LANGONE REALTY CORPORATION BELCHER LEOTdARD C L.TEN. 412 NO WEST ST 108 FRONT STREET 49 SOUTH ST' FEEDING HILLS , MA 01030-1014 WEST SPRINGFIELD, MA 01089` AGAWAM, MA 01001-3636 Parcel ID: K3 1 16 Parcel ID: K3 1 17 Parce4 ID: K'3 1 18 CONNOR KAREN L MARKOWSKI EDWARLD SR CIRILLO REALTY INC 4 21b BA$$S Rb' I'D 0 WOODBRIDGE DR MA3I1 ST SUFFIELD , CT 06074 WEST SUFFIELD , CT 06093 AGAWAM , MA 01001-3106 :Parcel [f7: K3 i 2` Parcel ID: K3 1 25 Parcel ID: K;1 1 4 SQUA.ZZA EDWARD L/T DION STEVE'L PELLEY NORMAN 21 SOUTH ST 33 SOUTH ST 108 FRONT STREET AGAWAM , MA 01,301-3623 AGAWAM , MA 01001-353 TEST SPRINGFIELD , MA 01089 Parcel 1D: K3 1 5 Parce! ID: K3' 1 6' Parcel ID: K3 1 8; PELLEY JAY A DID;,'K PAUL.L/T IV.ANENKO IN11KOLAY 26 DAVIS ROAD i8 soum ST 72 SOUTH ST SOUTHWICK , MA 01077 AGAWAM , MA 141001-36,24 AGAWAM , MA 01001-3624 Parcel It,: K.�?'I Parcel ID: K3 2 10 Parcel ID; K3 2 4' : PROUT MATA E MCNAMEE GARY !_ T MORRISs314'ELENI R 60 SOUTH 57 56 SOUTH 57 42 SOUTH 5T AGAWAM , 14A:01-001 3624 AGAWAM , MA 01001-3624 AGAWAM , MA 01001-3624 Parcel ID: K3 :; Parcel ID. K3=2 6 Parcel ID: K3 2 7 V06INSON WILLIAM DU DfDUK GRAIL S TOWN OF AGAWAM 32 SOUTH IST' 24 SOUTH ST 36 MAIN ST' I'Gnlr } MA Q 1,001 'S21- AG.,% AM 1. mA Q1001-3624 AGAWAM ; MA 010(11-•18. 25 {j I --I 11 r., Parcel r0:.KJ`2 '9 Parcri ID: K4 1 3 Mata Prout & Mata Haarer 0r ri��R T?M ,f i r r.ar. rWSKl �vv.�A o 5U South Street -8� MAIN ST I; S rz Agawam, MA 01001 �A'N ;"rI r?A,O_ .( ;. b'Ff T' :UFFTELb CT'06,'�9 3 Frank & Carol 01brych 33-35 Mark Drive Robert A. 0ottsche Carl Rolamini Agawam, MA 01001 78 South Street 88 South Street Agawam, MA 01001 Agawam, MA C1001 quazza 'Edward L/' ?gray Linda 1 South Street gawam, MA 0100`1, LEGAL NOTICE TOWNOFAGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, May 21, 2009 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, A. The purpose of this heating will be to bear the petition of Langone Realty Corp., Pettey and Olbrych for a proposed zone change on property on Mark Drive. The property is currently zoned Agricultural,and Residence A2 and Business A. The request is to rezone it Residence 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,Chairman Agawam Planning Board (Ad to be run 5/7/09 &5/14/09) UZI cc: Planning Boards of Southwick Springfield West Springfield ) Westfield .m1 Suffield, CT C) PVPC Dept. Of Housing& Community Development Town 4� 3+6 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.- Pelley,Langone& Olbrych-Mark Drive DATE: May 14, 2009 On April 28, 2009, the Town received a zone change request from Attorney Gary Liquori for rnultple parcels of land located on Mark Drive. The affected properties are as follows (please refer to the petition and accompanying reap):` Lot ] -Norman Pelley&Richard Langone Residence A-2' Lot 2A -Norman Pelley& Richard Langone Residence A-2 & Business A Lot 3A -;Evelyn& Jay Pelley Business A Lot 4A - Frank•& Carol Olbrych Business A Lot SA-Lot 14A -,Langone Realty Corp &Norman Residence A-2, Pelley= Business B & Agric. The Map included in the zone change request entitled."Proposed Zone Change, Mark Drive, Agawam, MA" dated December 2,2008, revised February 19 2009 and prepared by Thomas Wilson &Associates, does not accurately reflect existing property lines. An opinion from the , Solicitor has been requested. Please also be advised that the.petition has not been submitted properly. The property owners: Langone Realty Corp.; Norman Pelley; Jay A. Pelley and .Evelyn M., Pelley and ;Frank Olbrvch, Jr. and Carol A. Olbrych must submit notarized documentation that Attorney:Liquori is their representative in this zone change petition. The Planning Office has conducted a review of this proposal and submits this report for your information. Also attached is a copy of the assessor's plan and a copy of the zoning map. Land Use;and Zonin As stated above, the property for which the zone change is being requested is zoned Residence A-2 Agricultural and Business A. It is abutted to the west by property zoned Agricultural, to the east by property zoned Business A and Industrial A and to the south by land zoned Agricultural. The Assessor's Map shows that there are four(4) immediate abutters to the property. To the west and south are parcels owned by Edward Markowski Sr. This property is part of a large farm which crosses the border into Connecticut. To the east is property owned by Six Flags New England; Fronting on South Street are abutting residential lots zoned Residence A-2. Under the present Agricultural District the following uses are allowed: (Please refer to 180-37 of the Zoning Ordinance which is attached for a full description.) ♦ 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. Under the present Residence A-2 District the following uses are allowed: ( Please refer to 180-23 of the Zoning Ordinance which is attached.)' Any use permitted in a Residence A-I District 1 One family detached dwelling Office for a dentist, artist, architect,professional engineer,teacher of scholastic subjects, or a beauty parlor Renting of rooms for not more than four(4)residents; ♦ Schools for academic purposes and community center buildings Colleges, public libraries or museums Private kindergartens and day nurseries d Bus passenger stations or shelters Telephone exchange buildings. Under the present Business A District the following uses are allowed: (please refer to § 180-44 of the Zoning Ordinance which is'attached for a full description): 1 Any use permitted in a Residence or an Agricultural District. This would include both two-family and four-family dwelling units as is allowed in Residence B. 0 0 ♦ The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments,halls and office buildings shall be considered as complying with such requirements. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. One-story public garages for storage or repair of not more than 30 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first-and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies,tailgates,road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. 1 A gasoline filling station, which shall include self-service gasoline filling or service stations„ provided that not more than 30`,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of motor vehicles is permitted, (1) For the public purpose to promote and protect the health, safety, and welfare of the Town of Agawam.,to prevent and control fires, and to control traffic, it is deemed to be in the best interests of the Town of Agawam to regulate the number of gasoline filling stations within the Town of Agawam, (2) For the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148 § 13,there shall be no more;than 20 issued at any one time, and no license shall be issued for a gasoline'filling station located within 200 feet of a residence, school or church.:- ♦ Open-air transient parking, after a public hearing by the Board of Appeals. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive. Under the proposed Residence B District, the following uses would be allowed: (Please refer to< Section 180 31 of Agawam Zoning Ordinance which is attached for a full description) Any use permitted in Residence A 1=or A-2 District. 1 A two-family dwelling for two housekeeping units. ♦ Notwithstanding any other provisions..., no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. 4 Lodging houses. + Clubs, lodges and social center buildings. ♦ Hospitals, sanitariums or charitable institution. Private garages. Not more than one house trailer...not to be used for living quarters. 0 0 Environmental C ns derat_ ns When the subdivision was originally approved in 1974, a Notice of Intent was filed with the Agawam Conservation Commission. This was due to the existence of Fourmile Brook along the southerly end of the project. A tributary of Founmile Brook also flows through the adjacent property owned by Six Flags New England. The soils on the site are Agawam and Merrimac. These soils represent slight constraints for building construction. It does not appear that any additional environmental permits would be necessary for construction on this site. Other Considerations At the Planning Board meeting held on January 15, 2009, a public hearing was held on a zone change for this property from Agriculture and Residence A-2 to Business A. 'During the hearing, the applicant indicated that their intention was to build duplexes on the remaining undeveloped lots on Mark Drive. Currently,there are a number of duplexes on the street. However,due to the split zone, the applicant expressed concern over the appearance of any new development. By changing the zoning the buildings could be set further back on the lots. During the hearing, it was suggested by the Board that the whole site be changed to Residence B which was more in keeping with the residential nature of the area. A copy of the minutes for this meeting have been attached for your information'. Valley rision 2, the New Regional Land Use Plan for the Pioneer Valley prepared by the Pioneer Valley Planning Commission and elated September 2007 has identified a portion of the site 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. In addition, Agawam must continue>to provide a variety of housing options for its residents.< Agawam's 2004 Community Development Plan identifies a number of different strategies for addressing the communities long-term housing needs. Affordability is a key consideration when planning for Agawam's future housing needs. Recommendation The new zone change request as submitted to Residence B is in keeping with the current land-use at the site. Elimination of the multiple zones will allow a more coherent development pattern and the creation of additional units of affordable housing will address an existing housing need. PARCEL MAP Prim Page i of i As _ F -77 &� 3 1 15Saw e Date; 5/14/09 } sa Parcel der» K3 t 15 0 393 786 Fact Parcel Address. LOT 10 MARK OR Scale; l"=3 3' (2. 716) Print Page I of w. 11sp „ w r t . e a a Date: /14109 Parcel ID:K3 1 15 0 393 756 Peet Owner. PPLLP'Y NORMAN A Aerial Photo Parcel r < LOT 10 MARK OR Scale; 1".--3 3 (1:4716) h .`,�"io tail . igheb ji .com,Iagaw iiii.jai-ire . s ??apt pe= image==http%` %`ff ,/021'p (c l..a /14/2 0 ZONING MAP inn Page I of I dp IY � � s k c° �zanilt. 1 15' Y a Ax .�tt,�.t., } �w wt� Parcel Ears K3 1 15 0 393 786 Feet Owner-, PELLEY NORM AN A Zoning Parcel Address. LOT 10 MARK DR 5caw 1'= ' (1: 01 ) http:/'lip i .tipliebon . m.agawati-L� tint.as x',Imaptyp 3 image—h t %)a%2 I, o .m. /14/20I Valley Vision 2' The New Regional Land Use Flan for the Pioneer Valley Prepared by the Pioneer Valley.Planning Commission September 2007 +� x li 2 ` II �t UkdMiciped or Re- + Land located within 1l2 arils of a bus or commuter rail *pvWopable land stations. Suitable for Smart Growth • An area,of Concentrated Development,including a city crr Districts(under Chapter Town center,an existing commercial district.plus any 40R) qualifying Adjacent Area, An Area of Concentrated Develop. went 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, • Un-sewered existing rural village districts which contain land within 1 mile of the principal road intersection or center point of district(which is defined as containing two or man of a town halls post office,public libraary,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 mile of school or college,hospital,municipal office building,public library,post office,public safety facility,civic facility,recreation facility,a commercial or retall business area,or a bus stop with a minimum hourly peak period service. rtDerveloped land Suitable Sartre as above.but land is existing developed land suitable for i. for Smart Growth Districts infall development 4_ • Sensitive Land Within Same as Land Suitable for Protected Farmland and Open space, potential Smar(Growth but is located within a potential Smart Growth District boundary Districts sN ; P- �-~ 77 .x � p >t v r a ;ax I Nl r-s u i, v . ..c.. Y.n^ .t,. ew ° .r:■w.a..r•.�wa.., :,..: �.,� '��"' �.: $,` !loll .' `.. , vsed5ane C' unge Site f 0 0,6 1 3 § 180-36 AGAWAM CODE § 180-39 180-36. Lot coverage, No priocipal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. ARTICLE VU 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: 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 pKocessing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located West of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20.2001 by TOR-2001.1] § 180-38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. § 180-39. Setback requirements. A. Buildings and shelters for the sale of farm products shall be at least 35 feet from the street I me. B. Dwellings with or without attached garages shall be at least 35 feet from the street line, All other buildings of whatever description shall be at least 100 feet from the street line. 180:28 05- 15 -2006 § 180-40 ZONING § 180-43 180-40. Yards. A- Side yards.There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct or air line. B. Rear yards. For a residence, accessory building or other structure, the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than 120 feet on a street or an area of less than 20,000square feet. § 180-42. Lot toverage. There!shall be no lot coverage regulations in this district. § 19,043. Special use requirements. A. . Landscaped administrative offices, laboratories devoted to research, design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of 20 acres, must have a two-hundred-foot front yard and 100 yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls, curtain walls of decorated cola and aluminum, enameled colored steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, 200 feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four feet high from the ground level. Not over 25%of the land shall be used for building purposes, 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 >10 acres, must have a one-hundred-foot front yard and fifty-root yards along all other lot>lines and must provide off-street parking for employees and visitors. Not over 25% of the land shall be used for building purposes. 180:29 05- 15.2006 r:e4 f 180-43 AGAWAM CODE 18 4 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 either requirements, an architect's rendering or comparable, illustration of the planned . construction, including landscaping, prior to applying for a building permit. Unless such a drawing;approved by the Planning Board is submitted to the Inspector of Buildings, no permit for a building shall be issue{, nor shall an gccupancy permit be granted, unless and until the finished structure gonforms to the drawing submitted;- F. Not more than one motor vehicle per 5,000 square feet of lot ups to a limit of five motor w 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. ARTICLE Vlil Business A Districts § 180-4 . Permitted uses. In any 'Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose;except one or more of the fallowing: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of;the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements: Ca No building, structure or land shall be used in whole or in part for any fabricating;, E. manufacturing, converting, altering,finishing or assembling. ;. D. One-story public garages for storage or repair of not more than 50 cars.Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school 'buses and ambulances is permitted'. An underground tank of not more than 1,000 gallons'capacity for drain oil is permitted. (Amended 11-1. -2004 by TOR-2004-117 E. A gasoline filling station, which shall include self-service gasoline filling or service: stations, provided that not more than 30,000 gallons of gasoline shall be stored can the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted.Only minor repairing of motor vehicles is permitted, (Amended 12-2-2002 by TR-2002- 31 t1I For the public purpose to promote and protect the health,safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control 180:30 05 -15.2006 180-22 AGAWAI`vSl CODE § 180-23 § 180- 2. Lot coverage: o principal building shall be erected or altered so as to cover more than 30% of the area of the lot on which it is located, ARTICLE III Residence A-2 Districts I80-23. Permitted uses. In any Residence A-2 District as indicated on the Building Zone 1'v'lap, 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-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 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 petitioners 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 ornitted 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. 180:2 05-15.2M6, § 180-26 ZONING § 180-29 § 180-26. Yards. A. Side yards. (1) There shall be a side yard between a principal building and any side lot line which shall be 15 feet wide in its feast dimension. sr �j (2) Detached garages or accessory buildings shall be placed at least five feet from the side lot line if located more than 65 feet from a street line. B. Rear yards. (1) There shall be a rear yard on every lot between the principal building and the rear lot Mine. It shall be 20 feet deep in its least dimension. (2) One-story accessory buildings shall be placed at 'least five feet from the rear lot 'l line, and one-and-one-half-story accessory buildings shall be placed at least 10 feet from the rear lot line', rc § 180-27 Lot size: i l No lot shall have a frontage of less than 110 feet nor an area of less than 15,000 square feet. j , 1 § 180-28. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of j? the lot on which it is located. ;z ARTICLE IV Residence A-3 Districts § 180-29. Use restrictions., In a Residence A-3 District as indicated by the Building Zone Map, no 'building or other structure shall be erected, altered or used and no land shall' .be used or occupied for any purpose except for apartment houses or garden-type apartments and accessory uses incident thereto and subject to the following restrictions: A. Subdivision control will not :apply: except: insofar as it applies to road construction, i surface drainage and utilities. { B. The project shall be located on a lot containing not less than two acres and contain not more than eight ;family' dwelling units per acre of lot area. The building coverage shall not exceed<40% of the lot area. The minimum lot frontage on a street shall be 150 feet. C. No building shall be located nearer than 40 feet to a street line or other property line. D. There shall be a landscaped strip of not less than 15 feet in width appropriately planted with lawn, trees and shrubs adjacent and parallel to all property lines of the site. 180:23 05-15<—211[1G IIf § 180-43 AGAWAM CODE § 180-44 D. Nonprofit golf courses shall be permitted. Golf courses operated for profit shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. All golf courses must be on plots having a minimum of 75 acres. F�. To assure that special use structures shall be reasonably attractive= in appearance, the builder or his representative shall submit to the Planning Board, in addition to other requirements, an architect's rendering or comparable illustration of the planned construction, including landscaping, prior to applying for a building permit. Unless such a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no permit for,a building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms to the drawing submitted. F. Not more than one for vehicle per 5,000 square feet of lot up to a limit of five motor vehicles shall be kept in accordance with Chapter 91 of the General Laws, only one of which can be an unregistered vehicle, exclusive of farm equipment. ARTICLE Vill Business A Districts § 180-44. Permitted uses. In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District- B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. Body and fender work and the painting or selling of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited, The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. An underground tank of not more than 1,000 gallons' capacity for drain oil is permitted. [Amended 11-15-2004 by TOR-2004-171 E. A gasoline filling station, which shall include self-service gasoline filing or service stations, provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor repairing of for vehicles is permitted. [A Feuded 12-2-2002 by TR-2002-531 (1) For the public purpose to promote and protect the health, safety, and welfare of the residents of the Town of Agawam, to prevent and control fires, and to control 180:30 05-15-2006 § 18044 ZONING § 180-45, traffic, it is deemed to be in the best interests of the Town of Agawam to regulate' the number of gasoline filling stations within the Town of Agawam. l (2) For the purpose of licensing gasoline service stations under the provisions of Massachusetts General Laws Chapter 148, § 13, there shall be no more than 20 ' issued at any one time, and no license shall be issued for a gasoline filling station i located within 200 feet of a residence, school or church. F_ (Reserved)'` , G. Cabins, if licensed under MGL c. 140, § 32A to 32E, inclusive. i H. Drive-in restaurants and drive-through restaurants, after a special permit by the Board of Appeals in conformance with § 180-11. At no time shall fewer than 50 parking spaces be= provided on site. [Added 3-21-1994 by TOR-94-1 amended 3-8.2000 by TOR-2000-11 is (l) The parking or loading requirements set forth in this subsection may be reduced as part of the special permit by the Board of Appeals if the Board of Appeals finds that the reduction is not inconsistent with the requirements of the Zoning Bylaws of the Town of Agawam_ (2) If a reduction is allowed, a reserve area, to be maintained indefinitely as landscaped open space, must be required sufficient to adequately accommodate the difference between the parking spaces required (i.e., the sum of the parking spaces required for the separate used individually) and the parking spaces provided. The parking/site plan shall show (in dotted outline) the reserve area laid out in full compliance with any parking or loading requirements as set forth in said Chapter 180, including the required number of spaces. In no event shall the Board of s, Appeals reduce the parking or loading requirement below 30 spaces. I. Drive-through service windows utilized by any business shall require a special permit 3 from the Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by TOR-97-81 1_ No more than four automatic amusement devices duly licensed in accordance with § 75-1 of the Code of;the Town of Agawam. [Added 9-7-2004 by TOR-2004-51 'I § 180-45. Height regulations.. A. A business building shall not exceed three stories or 45 feet in height. These provisions shall not apply to chimneys, flag or radio poles, water tanks or hose towers or required bulkheads or elevator penthouses. A residence building shall, comply with the height requirements for Residence B Districts. B. Heights of other buildings and structures permitted in this zone under § 180-44A shall' !, not exceed the height permitted in Residence B Districts. 7. Editor's Note: Former Sul)section F, which'provided for open-air transient parking as a permitted use,was repealed 6-18-2W7 hyTOR-2007-6. 180:31 07 -of- 2008 § 180-46 AGA 'AM CODE § 18048 § 180-46. Setbacks; yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. D. Space shall be provided for vehicle parking and for the loading and unloading of all mat6rials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the buildings so as not to interfere with traffic on the public way. Loading and unloading platforms and doorways especially designed for loading and unloading goods are prohibited on the front of any building. E. A building devoted in whole or in part to residence or other purposes permitted in § 180-44A shall comply with- the requirements prescribed for Residence B Districts. [Amended 4-7-1986 by TOR-86-6] § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than 50% of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-fir] 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 as 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 13 District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Except as otherwise provided in this article, any use permitted in a Residence, Agricultural or Business A District, B. Residential buildings and appurtenant buildings such as garages, sheds, barns, etc., presently existing in Business B Districts may be added thereto, altered or rebuilt. 180:32 47-01 -2008 1 -31 AGAWAM CODE § 1 0- 1 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 --2 District: B. A two-family dwelling for two housekeeping units. A semidetached dwelling for two amilies, 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 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. D. bodging 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 roam shall'be permitted as an 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, ledges 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 ether than that permitted in Subsection I 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 riot be leased or rented for a commercial vehicle. No commercial vehicle shall be parked on a lot in the ripen. 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; 05. t -2006 § 180-32 ZONNG § 180-35 § 180-31 Height regulations. A. A dwelling or lodging house shall not exceed 2 112 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. j. § 180-33. Setback requirements. A. No part of any bu i Idi ng or other structure shall be erected or altered so as to be nearer to the street line 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 fi 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 I. as a side lot line located in any residence district or within 15 feetof any street line. D. On a comer 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 frorn 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 stones 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-orte-balf-story buildings, the side yard shall be not less than 15 feet wide in its least dimension. B. Redr 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 frorn the rear lot tine. § 180-35. Lot size. No lot steal I have a frontage of less than 100 feet on a street or an area less than 12,000 square 180:27 05-15-2006 § 180-36 AGAWAM CODE 180-39 § 180-36. Lot coverage. No principal building shall be erected or altered so as to cover more than 40% of the area of the lot on which it is located. 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: A. Any use permitted in a Residence A-] or A-2 District. B. Farms, dairies, nurseries, truck gardens, greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. F. Off-street parking for 24 hours or less for motor vehicles when the use, is an accessory to an existing conforming amusement park containing at least three acres of land adjacent to agriculturally zoned land and by special permit. [Added 2-20-2001 by TOR-2001-11 § 180-38. Height regulations. Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be 50 feet. 180-39. Setback requirements. A. Buildings and shelters.for the sale of farm products shall be at least 35 feet from the street line. B. Dwellings with or without attached garages shall be at least 35 feet from the street line. All other buildings of whatever description shall be at least 100 feet from the street line. 180.28 05- is -2006 Agawam Zoning Ordinance Section 180-37, 180-23 180- 4 and 180- 1 Proposed Zone Change Submission by Applicant" ATTORNF.YS AT LAW 84 PARK STREET"' WEST SPRINGFIELD, MASSACHU ETTS 010 -333 TELEPHONE:( 13) 739-1200 FACSIMILE, (413) 739-1232 MICHAEL J. POWERS, EsQ, GARY B. LiQUORI, ESQ, nipo-vers@powersliquori.corn glicluori@powerstiqriori.com April 28, 2009 HAND DELIVEPEC Dominic Urbinati, Building Inspector Town of Agawam Town Nall 1000 Suffield Street Agawam, MA 01001 Re_ Zone Change for Dark Drive C Dear Mr. Urbinati; X Pursuant to the most recent,Agawam Development Handbook, encle3ed pie find a Zone Change Petition from the initial developers of Mark Drive, Langone ` a Corp. and Norman Kelley along with current owners of two lots, Jay A. Pellet' Evelyn M. Pelley [Lot A] and Prank 01brych,-Jr. and Carol A. 01brych [Lot 4A],. Included within the Zone Change Petition is a General Location of the land and a legal description of the property for which the zone change is requested. I will also enclose a'" separate legal description. Additionally, enclosed please find 38 copies of the land as drawn for the; proposed zone charge by Thomas Wilson & Associates. Last, please find my check in the amount of$500.00 payable to the Town of Agawam as the fee for the Petition. Please notify me of the date, time and place of any bearings on the Zane Change Petition. Sincerely, 7 yi, i r ary,,B. Liqu ,, GBL:kag Enclosures . r rn C'3 THE TOWN COUNCILco AGA1 AM, MAS ACH;U SETTSCn ; rn c:) M> DATE; April 28, 2009 THE UNDERSIGNED RESPECTFULLY PETITION 1. That the area delineated as the shaded`area on the enclosed Proposed Zone: Change Plan for Mark Drive, Agawam, Massachusetts by Thomas Wilson Associates dated December 2, 2008 and revised for February 19, 2009 be changed from Residence A- , Business A and Agricultural to Residence B. 2 The parcels are currently owned by Norman Pelley, Langone Realty Corp.,Jay A. Pelley and Evelyn M. Pelley and Frank Ol rych, Jr. and Carol A. albrych The land is located off the'south side of South Sheet in Agawam, Massachusetts. The zone change will make the complete 12 lot cul-de-sac subdivision all Residence B zone. 8. The legal description for the property subject to the zone changes is as follows: Beginning,at a point in the southerly line»of South Street, at the north east corner of lot number 1 as shown on a plan of lots recorded in The Hampden County Registry of Deeds, plan Book 271, Page 91, said point also being the north west j" t 709 corner of a parcel described in a deed recorded in;The Hampden County' Registry of Deeds Book 16234, Page 4, thence running lid 80' 00' 0 " W, along South Street, for a distance of 141.66' to a point at the north west corner of lot 12 as shown on the above referenced playa thence running S 17' 24' 40" W for a distance of 110.00' thence running N 750 47'4 "W for a dittance of 165.93' thence running S 17'24'4 " W for a distance of 175.00' thence running 'N 750 04" 05" W for a distance of 2.50' ` thence running S 20" 46' 30" W for a distance of 200,00' thence running S 75" 04' 10" E for a distance of 7. 0' CO thence running S 25 10' 03" W for a distance of 30.17' thence running S 45' 00' 00" E for a distance of 527.61' �' '�' < thence running N 28' 24' 50" E for a distance of 254.74 " thence running N 17' 25' 2 " E for a distance of 213.38 thence running H 05' 54' 32" E for a distance of 428.69' thence running N 05" 35' 00" E for a distance of 232.44' to the point of beginning in the south line of South Street; The above-described perimeter encompasses areas of residence A-2 Zone; Agriculture Zone, Business;A Zone and;;is proposed to be rezoned to Residential B Zone. 4 The petitioners plan to use the land subject to the zone change for the construction of duplex homes, The ,zone change will allow the petitioners to place the duplexes further back from the street in terms of setback anlor may allow the petitioners to stagger the homes in terms of setback in order to make the area more attractive. FOR THE ZONE CHANGE PETITIONERS, LAN ONE REALTY CORP. NORMAN PELLEY, JAY A. PELLEY AND EVELYN 1111`. PELLEY, AND FRANK OLBRYCH; JR. AND CAROL A. OLBRYQH J,GB. iquori, , s BBO# 301655 Michael J. Powers, Es , BBf #40504 POWERS & LIQUOR] Attorneys at Law 34 Park Street West Springfield, MA 01089 Telephone: (413) 739-120 Facsimile: (413) 73 -1232 c E) o ca + a VIVIAZZ5 VVIU. UN & S {CIA I E professional land surveyors 9 East Circle Dive . East Longmeadow Massachusetts 31028 . (413Y 52 1387 s FA (413�5 7181 Proposed limits of zone change, Mark Drive, Agawam, MA Beginning at a point in the southerly line of South Street, at the north east comer of lot number 1 as shown on a plan of lots recorded in The Hampden County Registry of Coeds, plan boob 271 page 91, said point also being the north west comer of a parcel described in a deed recorded in The Hampden County Registry of Deeds deed book 16234 page 4, thence running N 90006'05"W, along South Street, for a distance of 141.66'to a point at the north west corner of lot 12 as shown on the above referenced plan thence running S 17024'40" 1N for a distance of`'110.00'` thence running N 75047'48"W for a distance of 1 65.93' thence running S 17024'40"W for a;distance of 175.00' thence running N 751,04`05" W for a distance of 2.50' thence running S 26046'30"W for a distance of 200.00' thence running S 7 °64'10" E for a distance of 7.50' C) thence runningS 2501 ' 03" W for a distance of 360.17' thence running S 45000'00" E for a distance of 527.61' thence running N 281,24'56" E for a distance of 2 4.74' thence running N 171,25'59" E for a distance of 213.3 ' thence running N 051,54'32" E for a distance of 428.69' thence running N 0 ,13 '00" E for a distance of 232.44'to the point of beginning in the south litre of South Street The above-described perimeter encompasses areas of Residence;A-2 Zone, Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential S Zone; Minutes of the Planning Board's January ]5, 2009 Meeting Agawam Planning Board January 15, 2009 Page I AOAAM PLANNING BOARD January 15,1009 MEMBERS PRESENT: Travis Ward, Chaff an Michael Morass] Mark Paleologopoulo MEMBERS ABSENT: Elaine Awand -" Violet Baldwin •S. 1-'�x'is ALSO PRESENT. ; .. Deborah S. Dachos Pamela Kerr Mr. Ward called the meeting to order at 7:00 PM l APPROVAL OF MINUTES-December 18, 2008 Motion was made by Mr. Paleologopoulos and seconded by Mr. Morrassi to approve the minutes of December 18,2008 as written. VOTE 3-0 . PUBLIC HEARING - Zone Change-Mark Drive- Langone Realty Corp N. Pelley Attorney Gary Liquor] was in attendance as well as Mr. Langone and. Mr. Pelley. Attorney Li+quori stated that his clients are seeking'a zone change from Agricultural and Residence to Business A. He explained that the Mark Drive subdivision was approved in 1974 and that the properly is split zoned. Where are duplexes constructed on some of the lots currently and he stated that it is his client's intent to construct duplexes on the remaining lots and that,the zone change would allow for the placement of the duplexes%rther back on the kits and perhaps stagger them. He feels that this would snake it more aesthetically pleasing. Mr.Paleologopoulos stated that he feels duplexes are a good use in that area but questioned why they dad not request Residence B. Attorney Lieluori stated that he had conferred with the Building Inspector and felt Business A would be the way to go. Mr. Morassi stated that he has concerns with the allowed uses in Business A. Attorney Liquori state that no businesses would lie put there and they could enter into an agreement with the Town as such. Ms, Dacos stated that there was discussion at the Tearn Meeting that they could change the entire subdivision.to Residence B. She stated the currently the lots are very large. Attorney Liguori then showed the Board a Form A that he had prepared which shows the lots being made smaller and one extra lot being created. He stated that would make it less likely that a business would be located there. He then asked if the petition could be amended to Agwaan Planning Board January 15, 2009 Page 2 request Residence B. Ms. Daehos stated no,that a new petition would be needed. Mr. Ward stated that he would like to see the entire subdivision one zone and Residence seems the most appropriate zone. He then asked for any public input. Diehard Grover, 49 South Street stated that as an abutter he is concerned with.Business A property and its potential uses. He stated that his land is surrounded on three sides by this subject property. He stated that he has no problem with duplexes and was aware of that when he purchased his home, h6wever,he is opposed to a Business zone. There was no further public input. Motion was trade by Mr. Paleologopoulos and seconded by Mr. Morassi to close the public hearing for the zone change on Mark Drive by Langone and Pelley. VOTE -0 Attorney Liguori stated that he will be withdrawing this application and resubmitting a ; soon as possible requesting residence B. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to table action on the Rorie Change for Pelley and Langone on Mark Drive to the next meeting. VOTE 3-0 Motion was trade by Mr. Morassi and seconded by Mr.Paleologopoulos to table the Zane Change for Mark .Drive to the next meeting. VOTE 3-0 I. SITE PLAN—Slingshot Six Flags New England John Furman of VH13 was in attendance to present this site plan_ He explained that although the Board had approved this plan at theirlast meeting,he had not notified the abutters as is now required under the recently approved zoning amendment to the height ordinance. He supplied the Board with the"green cards" and receipts t'roraa the abutter notification, He explained that this ride will be located on the existing foundation that was constructed for the indoor roller coaster(Dark Knight). He stated that the utilities are in place and that the Slingshot ride is on a trailer that will be anchored to the foundation that exists. Mr. Ward asked for any public input on this submittal. Larissa Dsola, 27-29 Sunnyslope Avenue asked to be shown the specific location for this ride and how it will effect her. Mr. Furman pointed out the location on the plan and explained that it is over 1500' Porn Sunnyslope Avenue. She asked if it was the type of ride that would have a lot of screaming. Mr.. Furman explained that the riders sit in a cage which is catapulted up. He stated that there would be three people per ride:* Agawam Planning Board January 15, 200 Page There being no further public comments, Mr. Ward closed the public hearing. Motion was made by Mr. Mossi and seconded by Mr.Paleologopodlos to approve the Site Plan for the Slingshot conditional upon:all professional staff comments. ents_ VOTE 3-0 4. SITE PLAN-- 591 North West Street Pocket Wireless Brian Allen was in attendance on behalf of Pocket Communications to present this site plan for the co-location of three antennas on an existing 180' monopole on Provin Mountain. He stated that the antennas would be located at 150' and that there is an existing fenced area at the base of the pole where the equipment would be located. He stated that the equipment would consist of a box 22"wide by l 7" deep and 3' high. Mr. Ward asked where the wires would be located. Mr. Allen stated that they will be contained inside the pole. Motion was made by Mr. Palcologopoulos and seconded by Mr. Morassi to approve the Site Plan for Pocket Wireless at 591 North West Street including all professional staff comments CITE 3-0 SITE PLAN— 1804 Main.Street—Pocket Wireless- Mr. Allen presented this Site Plan also which shows the co-location on an existing 190' monopole., He stated these antennas would be located at l b0'. He went on to say that there is an existing fenced compound within which the same small equipment cabinet would be placed, ;He went on to say that there wound be no pad associated with this equipment as it will be mounted with four posts. Mr. Paleologo oulos asked what the capacity of this pole is. Mr. Allen stated that this pole has the capacity for six carriers. Motion was made by Mr. Morassi and seconded by Mr. Paleolo opoutlos to approve the Site Flan for Pocket Wireless at 1804 Main Street including all professional staff comments, VOTE 3-0 5. BOND RELEASE m--Wisteria Lane- Fazio Ms. Machos stated that she spore with the Engineering Department today and that the only change in the punch list from the last meeting is the trees that were planted. She stated: that she questioned their holding back money for'the paving,until Spring. Site was informed that the top coat was east placed in October. Mr. Ward asked,if there was any history to this requirement. Ms Machos stated that there is a requirement for wintering of the first coat_ She went on to say that the Board approved a significant release last month Agawam: Planning Board January 15,009' Page and that it would male sense to held money through the winter for the paving especially since the read has not seen any traffic yet. Mr. Fazio stated that there is a house being built at this time. Mr. Morassi stated that he contacted the Town Engineer and was given the same information as Ms_ Dachos and that he would also life to see if the trees survive through the winter. Mr. Fazio stated that he has a warranty on the trees from Northern Nursery and that he has planted in December before and the trees have survived. Mr. Palcologopoulos stated that at the last meeting they discussed placing covenants on the undeveloped lots. Ms. Dachos stated that individual lot bonds would not cover the paving in the street, but only the sidewalks,curbs and treebelts Mr. Fazio argued that the requirement for the top coat is not covered in the Performance Agreement that he signed and that he will speak to the Town Solicitor and the Mayor. lie went on to say that as far as having Covenants signed on the lots he does not own that no attorney would let them sign the document. Ms. Machos stated that it has been the policy of the Board that if all lots are not constructed then they be placed under. Covenant. Mr. Morassi stated that he feels the Engineering Department is being consistent. Mr. Paleelogopoulos,stated that he disagrees and supports a bond release as the base coat has been down 1.5 years. Ms. Machos stated that the Performance Agreement will now be changed to include the requirement of a wintering of the top coat. Mr. Fazio brought up the issue of the street light that he is being required to install and that was not shown on the approved plain. Mr. Morassi stated that the DPW has purview over that. Ms. Dachos stated that the street light requirement has been included.on Wisteria Lane punch lists since May 2008. Mr. Ward expressed concern over the bond being released then the street being used for active construction with construction vehicles and potential damage. His concern is that it would then be the Town's responsibility. Motion was crude by Mr. Morassi and seconded by Mr.Paleologopoulos,to deny the request for bond release on Wisteria lane based upon the 12-1 -08 Engineering Department memo: VOTE 2-1 ( aleol gopoulos opposed)' . BOND SETTING—Tiny bull Estates---School Street The Engineering Department submitted a memo recommending that $752,300 be posted to cover the completion of the work at Tiny Bull Estates. The developers were in attendance and stated that they were not in agreement with the bond amount and will be meeting with the Engineering Department to discuss it. In particular, they aic not in agreement with holding the full amount to cover the binder course that was placed. Ms Dachos suggested that they wait through the winter to post the bond or they could phase the project. The members agreed to table the item to the next meeting_ Motion was made by Mr. Morassi and. seconded by Mr. Paleologopouios to table the bond setting for Tiny Bull :Estates to the next meeting. VOTE . -t 7BOND REDUCTION-High Meadow IV-Calabrese' Agawam Planning Board January 15, 2009 Page The Engineering Department submitted a memo stating that$320,500 should be held to cover completion,of the High Meadow IV subdivision. The Town is currently holding 97, 00. Mr. Morassi stated that efforts to control the water and erasion have been made and he has no problem with reducing the bond at this time. Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to reduce the bond being held on high Meadow TV to $320,560 as recommended by the Engineering Department. VOTE 3-0 Chuck Calabrese was in attendance and asked the Board if he could discuss an issue he is having with the apartments on Meadow Street. He explained that he cannot install the gate on the fence around the dmpster at this time with the amount of snow we've had. He is seeping a certificate ofoccupancy and has asked if the Board would waive this requirement. Upon discussion, the members agreed to waive the gate for the dumpster enclosure at this time and revisit the issue in the Spring '. PUBLIC HEARING CONT. De£ Plan-- Farmington Heights—,Hillside Dev. Corp , The applicant's representative requested that this hearing be continued to the next meeting as well as a 60 day extension for the time for consideration of this Plan. Motion was made by Mr.Morassi and,Mr. Paleologopoulos to continue the public hearing for Farmington Heights to the next meeting and to approve a 60 day extension for the time period for consideration of the Definitive Plan, as requested. VOTE 3-0 Motion was made by Mr. Morassi and seconded by Mr. Paleologopoulos to amend the agenda to include the"add-on's" and Meadow Street apartments (Calabrese). VOTE 3- 9. LETTER OF CREDIT, l'ERF, AGREEMENT, RELEASE OF COVENANT Not-thfield Estates'— D Falma Mr. DePalma has posted a fetter of Credit for Northfield;Estates and has executed a new Peformance Agreement: Motion was made by Mr. Paleologopoulos and seconded by Mr. Morassi to approve the Letter of Credit, Release of Covenant and new Performance Agreement for Northfield' Estates. VOTE 3- w Agawarn Planning Board January 15,2009 Page 10. DISCUSSION—Harvard Avenue— Grimaldi; Ms, Dachos explained that the Town.Solicitor is reviewing this filing that came in,as a Definitive Plan. She suggested that the Board place the iteru on the next agenda for discussion and have the applicant and his engineer present, Meadow Street Apartments—Calabrese The members were in agreement to send a letter to Mr. Calabrese with a copy to the building inspector stating that they have agreed to waive the requirement for a gate for the dumpster and will re-visit the issue in the spring. The meeting adjourned at 8:40 PM. N Tow' n of Ag* awam 6 MW Street Agate Massachusetts s 01 1-1 . w Tel. 413-7 04 Fax 413-786r 27 MEMO! TO: Building Inspector Safety Officer Fire Department Health Department r. Conservation Commission Engineering Department/DPW Board of Appeals School Committee Assessors FROM, Planning Board ` DATE: May 7, 2009 SUBJECT: Zone Change -Mark Drive-Langone,P+elley,and 01brych The Planning Board has been requested by the Town Council to make a recommendation on a proposed zone change(attached) submitted by Attorney Gary Liquori on behalf of Langone, Pelley and Olbrych for property on Mark Drive. The property is currently zoned Agreiltural,- Residence A2 and Business A. The request is to rezone it Residence The Planning Board will be holding its public hearing on this;proposal on Thursday, May ,1 ' 2009. We would appreciate any comments you may have prior to this hearing. Sincerely, ,Travis Ward, Chairman Ac AW PLANNING BOARD 1 INTEROFFICE MEMORANDUMi TO: PLANNING DEPARTMENT` FROM: BARBARA BARD, CITY COUNCIL OFFICE SUBJECT: ZONE CHANGE FOR MARK DRIVE, AGAWA , MA DATE: 5/6/2009 Attached please find sixteen (16) copies of a zone change request received in this office. The zone change is for the property located on Mark Drive, Agawam, MA. as petitioned by Gary B. Liguori, Esquire representing Langone Realty Corp and Norman Pelley along with current owners of two lots, Jay A. Pelley and Evelyn M. Pelley and Frank 01brych, Jr. and Carol A. 01brych The City Council will be holding their public hearing on June 1, 2009. If you have any questions or concerns, please do not hesitate to contact me. Thank you. FIECENEU MAY 0 6 2009 THE TQ1l1PN COUNCIL AGAWAM, MAS ACHUSETT S DATE: April 20, 2009 THE UNDERSIGNED RESPECTFULLY PETITION 1.. That the area delineated as the shaded area on the enclosed Proposed Zone Change Plan for Mark Drive,Agawam, Massachusetts by Thomas Wilson Associates dated December 2, 2008 and revised for February 19, 2009 be charmed from Residence A-2, Business A and Agricultural to Residence B. 2 The parcels are currently owned by Norman Pelley, Langone Fealty Corp., Jay A. Pelley and Evelyn M. Pelley and Frank Olbry►ch, Jr. and Carol A. Qlbrych. The land is located off the south side of South Street in Agawam, Massachusetts. The zone change will male the complete 12 lot cul-de-sac subdivision all Residence B zone. . The legal description for the property subject to the zone changes is as follows: Beginning at a paint in the southerly line of South Street, at the north east corner of lot number 'I as shown on a plan of lots recorded in The. Hampden County Registry of Deeds, plan Book 271 Page 91, said paint also being the north west 0 corner of a parcel described in a deed recorded in The Hampden County Registry of Deeds Book 16234, Page 4, thence running'N 800 06' 05" W, along South Street, for a distance of 141..66'to a point at the north west comer of lot 12 as shown on the above referenced plan thence running S 170 241 40" W for a distance of I 10.00' thence running N 75* 47148"W for a distance of 165.93' thence running S 17" 24'40" W for a distance of 175.00' thence running N 750 04, 05" W for a distance of 2.50' thence running 8 26* 46' 30"W for a distance of 200.00' thence running S 75" 04' 10" E for a distance of 7.50' thence running S 25* 191 03"W for a distance of 360.17' thence running S 450 00' 00" E for a distance of 527.61' thence running N 28* 24' 56" E for a distance of 254.74 thence running N 17* 25' 29" E for a distance of 213.38' thence running N 05* ,5432" E for a distance of 428.69' thence running N 05" 35' 00" E for a distance of 232.44' to the point of beginning in the south line of South Street. The above-described perimeter encompasses areas of Residence A-2 Zone, Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential B Zone. 4. The petitioners plan to use the land subject to the zone change for the construction of duplex homes. The zone change will allow the petitioners to place the duplexes further back from the street in terms of setback an/or may allow the petitioners to stagger the homes in terms of setback in order to make the area more attractive. FOR.THE ZONE CHANGE PETITIONERS, LANGONE REALTY CORP., NOR MAN PELLEY, JAY A. PELLEY AND E ELYIN M. PELLEY, AND FRANK QLBRYCH, Jet.AND CAROL A. OLBRYCH jGaB. iq' orl, s .P BBO#301655 Michael J. Powers, Esq, BBC #405040 POWERS & LIQUORI Attorneys at Law 84 Park Street Pest Springfield, MA 01089 Telephone: (413) 730-1200 Facsimile: 413)730-1232 POWERS & I,x+,C UORi ATTORNUS AT LAW' 84 DART STREET WEST SPRINGFIELD, MASSACHUS TTS 01089-3336 TELEPHONE: 413) 39-1200 FACSIMILE: ( 13) T. 9-1 3 MICHA.EL J. POWERS, ESQ. G.ARY B. LIQUORI, ESQ. mpowers powersl quori co gliquori@pcweroliquori.com April 28, 2009- HAND Q LIVEI ED Dominic Urbinati, Building Inspector Town of Agawam Town Hall 1000 Suffield Street Agawam, CIA 01001 Re Zone Change for Marls Drive Dear Mr. Urbinati Pursuant to the most recent Agawam Development Handbook, enclosed please find a Zone Change Petition from the initial developers of Marls Drive, Langone Realty Corp. and Norman Pelley along with current owners of two lots, Jay A. Pelley and Evelyn M. Pelley [Lot'3A] and Frank 01brych, Jr. and Carol A. 01brych [Lot 4A]. Included within the Zane Change Petition is s General Location of the land and a legal description of the property for which the zone change is requested. I will also enclose a separate legal description, Additionally, enclosed please find 38 copies of the land as drawn for the proposed zone change by Thomas Wilson &;Associates. Last, please find my check in the amount of$500.00 payable to the Town of Agawam as the fee for the Petition. Please notify me of the date, time and place of any hearings on the Zone Change Petition.. Sincerely, y r Llq o GBL:kag raft C Aft AM* rot Enclosures MAY o 6 2agg a F-4- THE TOWN COUNCIL AGAWAM, MASSACHUSETTS DATE:_April 23. 009` THE UNDERSIGNED RESPECTFULLY PETITIONS 1. That the area delineated as the shaded area on the enclosed Proposed Zone Change Plan for Clark Drive, Agawam, Massachusetts by Thomas Wilson Associates dated December2, 2908 and revised for February 19, 2009 be changed from Residers A-2, Business A and Agricultural to Residers 2. The parcels are;currently owned by Norman Pelley, Langone Realty Corp., Jay A. Pelley and Evelyn M. Pelley and Frank Olbrych,Jr. and Carol A. Olbrych. The land is located off the south side of South Street in Agawam, Massachusetts. The zone change will snake the complete 12 lot cul-de-sac subdivision all Residence B zone. 3. The legal description for the property subject to the zone changes is as follows: Beginning at a point in the southerly line of South Street, at the north east corner of lot number 1 as shown on a plan of lots recorded in The Hampden County Registry of Deeds, plait Boob 271, Page 91, said point also being the north west corner of a parcel described in a deed recorded in The Hampden County Registry of Deeds Book 16234, Page 4, thence running N 80* 06' 05" W, along South Street, for a distance of 141,.66to a point at the north west comer of lot 12 as shown on the above referenced plan thence running S 170 24'40" W for a distance of 110.00' thence running N 75* 4748" W for a distance of 165.93' thence running S 17" 24' 40" W for a distance of 176.00' thence running N 75" 04' 05" W for a distance of 2.50' thence running S 260 4630"W for a distance of 200.00' thence running S 75" 04' 10" E for a distance of 7.50' thence running S 250 19' OT'W for a distance of 360.17' thence running S 45* 00' 00" E for a distance of 527.61' thence running N 28" 24' 56" E for a distance of 254.74 thence running N 17'D 26' 29" E for a distance of 213.38' thence running N 050 5432" E for a distance of 428.69' thence running N 05" 35' 00" E for a distance of 232.44' to the point of beginning in the south line of South Street. The above-described perimeter encompasses areas of Residence A-2 Zone, Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential B Zone. 4. The petitioners plan to use the land subject to the zone change for the construction of duplex homes, The zone change will allow the petitioners to place the duplexes further back from the street in terms of setback an/or may allow the petitioners to stagger the homes in terms of setback in order to make the area more attractive. FOR THE ZONE CHANGE PETITIONERS, LANGONE REALTY CORP., NORMAN PELLEY, JAY A. PELLEY AND EV'ELY PELLEY, ANC FRANK GLBRYCH, JR.AND CAROL A. GLBRYCH Ge B. iquori, s ., BBO#301655 Micha I J Powers, Es , BBO#40504 POWERS & LIQUOR[ Attorneys at Law 84 Park Street West Springfield, MA 01089 Telephone: (413) 739-1200 Facsimile: (413) 739-1232 THO AS WILSON &AS IAT S professional land surveyors 99 East Circle Drive East Longmeadow Massachusetts 01028 • (413)-625-1387 • FAX(413)-625-7181 Proposed limits of zone change, Mark give, Agawam, MA Beginning at a point in the southerly line of Soutar Street,at the north east corner of lot number 1 as shoe on a plan of lots recorded in The Hampden County Registry of Deeds,plan book 271 park 91, said paint also being the north west corner of a parcel described in a deed recorded in The Hampden Counter Registry of Deeds deed book 16234 page 4 thence Cunning N 30009-'05"W, along South Street,for a distance of 141.66'to a paint at tine north west comer of lot 12 as shown on the above referenced plan thence running S 171,24'40" W for a distance of 110.00' thence running N 75047 4W W for a distance of 165.93' thence running S 17024"40" W for a distance of 175.00' thence running N 75 05"W for a distance of 2.50' thence running S 281,46'30"W for a distance of`200.00' thence running S 75004'IT E for a distance of 7.601 thence running S 2501 9" 03" W for a distance of 360.17' thence running S 45.000"00" E for a distance of 527.61 thence running hl 202 `59" E for a distance of 254.74' thence running N 1702659" E for a distance of 213.36' thence running N 05054'32Z' E for a distance of 428.69' thence running N 050360T E for a distance of 232.44'to the point of beginning in the south line of South Street The above-described perimeter encompasses areas of Residence A-2°Zone, Agriculture Zone, Business A Zone and is proposed to be rezoned to Residential S Zone. s f SIX FLAGS NEW ENGLAND SEE H,G,KD. SM FLAGS NEW ENMMD LAND COURT CERT 28M SEE H.C.R.D. PIN,27i"1,., °POINT OF STEVE L DION LAND COURT CERT.. 1 "I IaI= IAtt " ME ICI»C.R.O0 iM4 PG»I4 _ E~ N 05°35`00"E (232AW) N; °54' "E (48. " 182.52" ;49,92" < 63.&, ; 97.35 00,25; N 97a a i TO a , $ ' NOR PELL &. to 14 (21 PEL LEY,B� ;it°, , •'. ; $ 38 r RICI44RU LANGONS ;, r : c4 LANGON 4 LAId60k REALTY CO lu • . t • SEE N CJR s,' , .EVELYN&JAY PELL0 FRANK&CAR01_ FkYOH; ,Ni E REALTY CCii F c� , I0 t-a �. 09.24 e , W . E SEE H.0 R:L : SEE KCrILO rp » W f, SK7472 PG.Sit ' SE, KC AD,- , , •SES H.C,R.D.a �r TK T4T2 PG,raII4•,, , • e , �I .BK,8TT6 PG,2�3 • , w ,��8K•1S{I1�PG.t1 t °., � I�C.1SCI1;4�t3.t1 41C.581 „", BK 1 K. ,. S Ftr .w .SEE k ec. I E. e. t#K,271 PG#1 K1 1 W. . LANGLiN TYCQ tP SK.158 dB PG.�t4 • m • , 6915 PG; 56 B RG. PLAtV T1 FG 119L. : , , :°' LaI 78 I#K. BKIBD1 + 147 I' r I a T Ls�Il4» a 3A , Ls41 » ! ti6 .1 z 18. , •," . ., , ,. . IN r • .' �" " ".' L� r _ t - 0 i8IY0 Ti4 a�+ " ) r f $ IRa 4 rI' r i , ,� , . Ma " rIVE 1 " a l .00 s a 9 Lot 11A , « a , ^, ate• �� , wxa-w- ., Lei 11IJ4 HI=LF.N CHE 'E . . a -� , , •, . r ., a. • i . SEE 0., : ! �. ; SK.T656 Paso i t ;: , .. a a. • ; , , » , • , P , a ` , a , a:: gr•r,.- f fyF,yv , ". `�� ,:. .. «. ,. , n , , _ . ..q. ., , o. . a «. , „ w . ,".:.• „' .. , ::. e , °. , »..,:.. a s , :. e , •. , ,,:,.. , , , • :.:,. , a • .. . • ' is a' , •44 i a , , i • , : . " a •, ., ` , + • , <. • . •, . , •` �BK.1581&PG T'�# G F4VYARD I SR:, 17 , r 'dD a .- • , . , '' DORTHY iklARlt W PLAN 2T1 rIlI1 '• ICI 9748 PG` DVtISICI " ' '. , a '. --� --_ 'a at p { , " H.C. 09 • , eIc 9748 PG_W '• DORTHY MAIWOWS10, � • » � : , SHAPED AREA TO 131;REZONED»•TO RESIDENCE" ' EDWARD MWOWN,Jk SEE KC`R»0, � SK 9748 OF (175,M) LIMITS OF REZONING REQUEST" -LOTS SHOWN +OF' � � ,`, Proposed Zone Change Nth & THOMAS Mark Drive, Agawam, MA PERIMETER INFORMATION SHOWN I,.ANGONE REALTY CORP, yyyy��B. e� { TAKEN FROM PLAN IN H,C..R.D. SEE H.C.R,D, Nt3,2�6 ----' �� For: Langone Realty Corp. PLAN SK.271 PG.91,BK,334 PGA09 SK%014 PG.111 108 Front Street,'West Spdn feel , MA LOCATION,OF EMSTING ZONE LINES SK.15516 i'G.4(X Noffnan Polley S#C,74T2 T�i. � � HAVE S FROM r t 412 Northwest St. am, MA • OFiMAI�iC2I*IIi�It3 PLAN 27'1 M � i 24t}� THE ABOVE REFERIENCED PLAN PLAN 4�,1 Thomas Wilson & Associates DECEMBER 2,2008 ,I._ : 1.960 prolessional land surveyors; REVISED-JANUARY 18,2D09 REVISED-FEBRUARY 19,2009 99 East Circle Dr.,E,L on+grrseadow,MA 01026 >�10 0 6 . POWERS & LIQUOR' TTO S.AT LA'S 4 PARK STREET WEST SPRINGFIELD, MASSA 'HU ETTS 01089- 336 Tli PHoNE:(413) 739-1 0a ACSIMME: (413) T 9-1 32 MicuiArm J. POVE,RS, ESQ. GARY 13, UQuoRt, H Q. mpoweragpowergriquorixom { poweroliquorixom February 6, 2009 H&N-D DELIVERED Agawam Town Council Agawam Torn Hall 36 Main Street Agawam, MAO1001 Re: Zone Change for a portion of Mark Drive Dear Members of the Agawam Town Council: I hereby withdraw the December 18, 2008 petition of Langone Fealty Corp. and Norman Pelley for a zone change concerning the Mark Drive, Agawam, Massachusetts property. Thank you for your time on this matter. If you have any questions, please feel free to call me. Sincerely, jary L ri GBL:Ish cc Agawam Planning Beard FEB 69 2009 x :. NEW ENGLAND ---- __-------___® SEE H4,R D. SIX FLAGS NEW ENGLAND "POINT OFSTEW L QIpN LAND COURT CERT. 896 SEE H.C.R.D• I LAI,2711Q9"l 8EGINING81 SEE H.C.R.D,8KI6234 PG.04 LAND COURT CteRT„ t ,Y N 05*3600"E �� r " ,; .�>N. (232.+14 ) N 05 54 32 E {428,69 1t32.52' 49.92" 100 2&.' °- NRt E pELLEY , NOWN DELL 't. 'HARD LANNGOIgg ,w ', SIE 11 c R EVELYN 8 JAY RELLE'rp,N LANGaVE R�1E TY C()l '• R LiIVGONE RALL`nf Cpf w :, ,•; 1 .;•:'�SEE H.C,R d . . I Df. � r , •7 ;� r .w ; SEE KC R.CI. ' �' SEE 14.C.R t} SEE KC.R.0-' 24 SK 7'472 PG.51 •, 4 RG. ,° :'K "BK'16014 FAG. BIC 19C114 PG,114 8K 155151 .`494: EK.1 PG. '. ;: e l SK 15815 <: BK.f K.1 ', LAN GONE TY».fPr 5, , R -s. PG.dQ4 m 5818 F'G.40 ' B SB16 PG.444.» " 271 RG, OT . T :Lot 7S" r iti' O 14 , � PG. : k SEEK 7.00, w PLAN�34 1 .. :; , , •. , , . ' rK . . t s . . . . , . . ; 1 - 1S La14A Lc4 , 1 661. a2, . qb ' , .�5 •. 66;65 09 w :• a x. , o r ta.00 o ate, 8; M ark Drive 0.lo , " . LdI14A " .r ,,L13A•, , ,. " .,, . ,, 2.37 ,,., _ , : , :® : 0 �. L ®, HELEN CIESTE�t' ., , : Ga w a , �..x-� , , • : : BK 553, , # ''Lou' . , , ,, ." �t . . , •. . , , " , ,•'.°. mod, " • BIG76i114 f�"t�,i11 E +'fi I'fN27 t OWARD' 9ARKiiSKlat iT , 4a ; ; •; ;, ; "+ DORTHY MARK, {1, 3p 5,00' EDWARD MARKOWSK1,JR SEE KCSLG, 8748 SK P G.' T,T fi EOWA C arP SR,. , -w � 2 � `�'�` :' •,'. ; DORM'MAFtK+D4VSKI, ARD E MARKC�WSKI,JR , SR ' . , KICALD. R VE 1 ' SEE H C.R,D " . EDWARD OWSKI JR. en A 6i 00 SHADED AREA T'®BE REZONED-TO RESIDENCE , ;ram S",2 , , • . ^ » IVI AY RK ?"48 POND v ,, , v,. ,' 4 i, r26, (175.00') LIMIT'S OF REZONING REQUEST •LOTS SHOWN LAND OF- Proposed ZQ B� hangs NORMAN PELL,EY MA PERIMETER NF TI LANGdNE TY CORP. THOMAS Mark Drive,Agawam, TAKEN FROM PLAN IN H,C.R,D, SiEE H.C.R.D. VAI ION F . LSrI t1�tIS RBEII PLAN 8K.271 F'+�3.91r BIi.334 PC3,1119" NO.26610 �' � � r . SKK.16014 PCB, 111 108 Front Street,West SMnofietd® MA LOCA,nON OF EXJSTING Eta FROM TOWN L1NES BK1 2 .591 1 Ate fir!Polley 1 L S -0 d =AVCNING MAP AND PLAN 271 PG.091 41 ISof 160, 24�00' ,Agawam, FLAN 3$4 pt�.109 412 Northwest St. MA THE ABOVE REFERENCED `fihartlas Wilson & i'ASR+$rociate • ' ' ' f p REVISED-JANUARY 16,2009 1*=80® 1:960 proftsetonal lard eurvey►om REVISED-FEBRUARY 19,2009 99 East Clydle Cyr.,E.Long eadow,M,A►01028