8489_ZONE CHANGE - V AND F REALTY PARTNERSHIP - REAR 443 SPRINGFIELD ST. 4 ,
rear 3
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PLANNING BOARD
TOWN OF AGA WAIV[ og
36 MAIN STREET :pIM,�flow"�sflow"yE TLk+Y ,M �+{ � � lM O
AGAWAM, M.A.01001 �TE, oz 1A 00.390
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To F,�}pIa�' ' MAILED FROM ZIPCODE 01001
MAYNARD PETER J
468 SPRING`FIELD ST
FEEDING HILLS , MA 0103!
Parcel ID. H14 13 16
1IAYN46e 011 1 A PI G 70 04/24/07 i.
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Town
w 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
hQ`
April 17, 2007
Dear Abutter:
V&F Realty Partnership has submitted to the Town a request for a zone change on property
located at Rear 443 Springfield Street. The property is currently zoned Agricultural. The
request is to rezone the property Business A.
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 3,'2007 at 7:15 PM. The meeting will be held at the Agawam Public Library, 750
Cooper Street, Agawam.
You_are_encouraged to_attend_and_comrnent:
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBH/DSD:prk
APPROVED
ZONE C ANG E`
CITY OF AGAWAM`
IN THE; YEAR TWO THOUSAND SEVEN
N ORDIN N E TCl°A EIg .THE-ZONfNG o1 INA G -
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AGAWAM AS FOLLOWS:
The Zoning Ordinance passed and approved on December 21, 1972, to tape effect on January l
1973, entitled "Zoning" is hereby amended by arnending from;Agriculture to Business A for
property owned V mF Realty I�"artnership, Xgi awanD, H erg County, Massachusetts
bounded and described as follows:
Beginning at a point afthe northeasterly corner of the parcel herein described, {which
point is located South �37'00"East two`hundred one and 43/100(201,43) feet from the
northwesterly corner of land of Grimaldi on the southerly lire of said Springfield Street;
thence running
South 29P37'00" East along land of Roux, one hundred eighty and 30/10
(180.30)feet to a punt on the northerly lane of Royal Larne;
thence running
South 80"15'30"West along Royal Lane, one hundred tern and 54/100
(110.54)feet to an angle in said lane; thence running
South 73"13'13" West along Royal Lane, forty-six and 15/100 ( 6,15) feet to a
point; thence running
Noah 29°37'13"West along land of Conte, one hundred fourteen and 3/10
(114.63) feet to a point; thence running
North 53"33'00 East along a line parallel with the southerly line of Springfield
Street and 200.00 feet distant therefrom, one hundred fifty
and.. 00/100 (150.00)feet to the point of beginning,
Contailling 21,629 u re feet _ot land. Subiggi to ea ements f record.
V & F Partnership
Adopted by the Agawam City Council on June 4, 2007.
Donald M. Rheault
President of the Council
i e Department
Me
To: Dennis Hopkins:
From: Vincent Gioscia, Esq.
CC D. Dachos
Date: July 24,2007
Re: V&F Zone Change
This memo address you request for clarification of the following issues.
- The Agawam Town Council's (and consequently the ;Agawam Planning Board's) public hearing
notices were sent to an incomplete list of abutters',-
The Law Department was asked to issue an opinion to Council President Rheault as a result of a letter
he received from Attorney Dennis Powers dated June 12, 2007. The letter raised the issue of the
number of votes needed if-a protest was fled with the Council pursuant to M.G.L. 40A § 5. Upon an
independent investigation I printed a list of the abutters from the Town's GIS web site and used that to
make the necessary calculation. I was not°requested to investigate the issue of proper notice either by
the Planning Board or the CityCouncil
-The President of the Agawam Town Council ruled and announced in public session that the abutters
request to require a'Super Majority'had been certified by the Agawam Town Clerk and was valid,
The "Super Majority"that you refer to is stated in M.G.L. 40A § 5' The section refers to a protest to a
zone change and if such protest meets certain requirements that a three-fourths vote is needed to pass
the change. I am attaching my memo of June 25, 2007 to Council President Rheault for your reference
as it addresses this particular matter in detail.
-The Agawam Town Council opened, held and closed their public hearing.
You are correct the council'did open and hold a public hearing on June 4, 2007 regarding the zone
change in question. Said hearing was opened, held and closed pursuant to the Laws of the
Commonwealth.
-The Agawam Town Council voted in public session.
You are correct the council did have a vote on June 4, 2007 ;during ;a valid public session of the
Agawam City Council. The vote was recorded as eight in favor two opposed.
-The President of the Agawam Town Council ruled and announced in public session that the motion
had failed.
1
At the-time of the public hearing on June 4, 2007 the Council President had in fact stated that the vote
failed as he believed that it required a three-fourths vote to pass. However, the City Council President
presides 'over city council meetings and is the parliamentarian- °This includes regulating the
proceedings, deciding questions of order, and making declarations of votes. Making a declaration of
votes consist of announcing the statement of the question and number and results of votes cast. The
declaration of votes is a factual matter and'the parliamentarian is without "authority to interpret as a
matter of law the effect of the vote so ordered. Ogden v. Freetown, 285 Mass. 139, 141 f1927). The
declaration that the zoning change was defeated was based upon a mistake of fact. (See memo of
June 25, 2007 attached) When the declaration as to result is stated it is merely an expression of
opinion as to the force and effect of a vote stated in the record. This opinion is of no binding force,
Ogden v. Freetown, 285 Mass, 139 (1927). As such it does not change the number of votes cast
which was valid.
-The Agawam Town Council closed their public meeting, without any reconsidering action. Yes, you
are correct.
-At a later date,sans proper notice and procedure, the result was ruled to be different.
No, On July 2, 2007 after an executive session an open meeting was held, which was posted per the
Open Meetings Law. During the declarations portion of the City Council Agenda the matter was
address. At that time Council President Rheault announced that the Vote did not require a three
fourths majority and that the matter had in fact passed. The vote cast on June 4, 2007 was not invalid
as the public hearing had already been conducted on June 4, 2007, The matter>was not on for
"discussion"merely to correct the record as to the number of votes needed.
Page 2
Vincent Gioscia
From. Dennis Hopkins [DB.Hopkins c 'ccmcast.net]
Bent: Wednesday, July 11, 2007 11.54 P
To, Atty. V. Gioscio
Cc: D. DACHOS
Subject: Zone Change , P lan e-Springfield Street
July 11 2007
At . Gioscia
It was recently announced that the Palange zone change request for their business on
Springfield Street had passed the Agawam Town Council,; because someone, had: found more
abutters;, changing the number required to necessitate a 'Super Majority, for passage,.
Ignoring the outward appearance of this action, there are also some troubling procedural f
legal questions that need to be answered f ruled upon:
The Agawam Town Council's (and consequently the Agawam Planning Board' s) public bearing'
notices were sent to an incomplete list of abutters
- The President of the Agwawam Town Council ruled and announced in public session that the
abutters request to require a 'Super Majority,- had been certified by the Agawam Town Clerk
and was vaild„,
- The Agawam Town Council opened, held and closed their public hearing.
- The Agawam 'Town Council voted in public session:..
- The President of the Agawam. Town Council ruled and announced in public session that the
motion had failed.
-, The Agawam Town Council closed their public meeting; without any reconsidering action.
- At a later date, sans proper notice and procedure, the result was ruled to be different.
would not all of the above, the Pules of order, the Agawam Town Charter and the
Massachusetts General haws require proper-action, properly advertised, conducted in open
session ?`
Would the approval of this zone change stand a court challenge
Your prompt ruling on these questions is requested;-
Yours,
Dennis B. Hopkins, Chairman
Agawam Planning Board
1
r
Town o - as .
Law Department
Vincent F.Gioscia,City Solis trtr
K.oiberly L Stevens„Assistant City Sotit;itor,
To: Donald Rheault,President Agawam City Council
Cc: City Council
From: Vincent Gioscia
Date: June 25, 20
Re:
I a5ue: You have asked'for the Law D6partnnent's opinion regarding`'the allegations of
F Realty Partnership's letter, raised thru Counsel, dated June 12, 2007. (Copy`
attached)
Massachusetts General Law 40A§5 address the procedural requirements for passage of a
zoning amendme t. (Copy attached),
The portion:of the statute in questions is:
o zoning ordinance or by-law or amendment 'thereto stall be
adopted or changed except by a two-thirds vote of all the members of the
town, council, 6r of the`city council where there is a commission form of
government or a single branch, or of each branch where there are two
branches, or by, a two-thirds vote of a town meeting; 'provided, however
that if'in to city� r tr w'n with a council of fewer thbn t entj) ve rnerrrbers
there is filed with the clerk prior to final action by the council a written
protest against such change, stating the reasons duly signed by coop hers of
twenty per cent or more of the at-ea of the land proposed to be included in
such change or of the area of the Iona' trttrf ediately adjacent extending
three hundred fact therefr ono no such change of any such ordinance shall
be adopted except by a three fourths vale of all members. Emphasis
added. M.G.L. Ch 40A §5, See also Parisi v. Gloucester 3 Mass, App;
0, 338 r E.2d 847(1975)
The statute sets forth five criteria for a protest to a zoning amendment:
36 Main Sueet, Agwa n, NM 04001 Tel: 413) 86-0400 ext. 281 Fax: (41 78 -9927
t4 '"
Page
June 25, 2007
1. In a city or town with a council of fewer that twenty-five members the
protest moist be filed with the clerk's office; and
2.. The protest must be filed with the clerk prior to final action on the
amendment
a. The protest must state'th reasons; and
4. The pretest letter must be signed by twenty percent of the abutters; and
5. An abutter is defined as parcels immediately adjacent extending three
hundred feet therefrom.
Agawam has only eleven members on-its city council and the pretest was filed
with the Clerk's office. Therefore criteria one has been met.
A letter of protest was presented t ;the Agawam Town Clerk as evidenced by the
time starnp oil the protest dated ,tune 4, 2007 at 10.44 a.m. (Copy attached) This i
sufficient to meet criteria-number two as the "Meeting for the final action was latter that
evening.
The I tier sets forth reason for protest as follows "The.-amenities of the area would
be destroyed and lNe' attractiveness and value of real estate will dtcline immensely", This
satisfies criteria nuiiiber three.
The controversy in the,present case stems from criteria four and.five.
The abutters oU443 Springfield Street, Agawarn, MA, the parcel subject to the
requested zoning change, for the purposes of this statute are property owners up to three
hundred feet away. According to the GIS information available the number of abutters is
thirty-seven. (See attached abutters list) Twenty percent would be eight abutters. Tile'
letter of pretest in th6 in this"case contains three signatures. Significantly.less that the
twenty percent as required by the statute. Furthermore, the letter dated June 4, 2007 from
the Acting Assessor Mates that the letter 'contains two,abutters and is silent as to the
necessary twenty percent requirement. (Copy attached) This is an accurate statement.
Upon examination of the letter of protest, the letter issued by Acting Assessor
Nicora it appears that Mr. Conte, Mr. Baranov and Ms. Baranov were unaware of the
statutory requirement that it is in fact twenty percent of the abutters up to three hundred
feet that need to sign the letter of protest. This requirement was not met. Therefore;
criteria four and five remain unsatisfied,
Therefore, it is my opinion that the letter of protest filed Jane 4, 2007 does not
meet the statutory requirements as set forth in M.G.L. 40A §5. As:such a three-fourths
vote is not required.
Respectfully Submitted,
Vincent F. Gioscia, Esq.
City Solicitor
36 Main Street, Agawam, l`.LA 01001 Tel: (413) 6-0400 ext, 281 Fix; (41 ) 786-9927
Agawam law Department
Tz,ARGENIO & POWERS, P.C.
ATTORNEYS AT LAW
1380 MAIN STREET,SUITE 30
SPRINGFIELD,MASSACHUSE-f-rS 01103
JERRYP.KATZ 'G..KA RGENIOAiN PC1 RS.CO
52 COURT STREET
THOMA5 E.AAGENIO W STFI L.0,MA 01085
DENNIS P.PO)X"wRS TEL(413)737-5996 TEL(413)562.0915
EUZABP-TH D.KAIZ* FAX(413)781-3780
*Also Admi€ecd io Ncw Yank Please reply to Springfield
June 12, 2007
. Donald Rheault,President
City Council
36 Main Street
Agawam,MA
V&F Realty Partnership
Petition-far Zone Change
Dear Mr. exult:
As you know, I represent V &F Fealty Partnership in the above captioned matter.
On June 4, 2007., I appealed in front of the City Council in connection:with the
aforementioned petition. After you closed the public hearing, you informed the Council:
that you had received correspondence from the Acting Assessor and a document sipped
by two abutters. Based on the correspondence. you informed the Council and the
�- oulo rau�r',in` a t:qr,—... for-r'd S VoTa to 2o10roVe the net1:ion. The
1 ouncil then voted eight to tavar o e zone clan e and e,+.o o Youruledzh2a
the petition had failed.
Following the hearing, I spore to the Acting Assessor, Chester He
informed me that he certified only to the fact that the two abutters signing the letter,were
in fact abutters not that they qualified under Massachusetts General Laws as abutters
requiring a three fourths vote of the City Council with regard to V &F"s petition.
Indeed, the two abutters who petitioned the City Council udder G. L 'Chapter
40A, Section 5, do not constitute a sufficient number of abutters to'require a three fourths
majority of the City Council for approval of V &F petition. The statute provides:
Mr. Donald Rheault
June I1, 2007
Page 2
t#a written protests against such change, stating the reasons, duly sued by owners
of twenty percent of the 'area of the land irmediately adjacent extending three
hundred feet there from"requires a free fourths vote.
The document provided to you was signed by two abutters, Joseph J. Conte, Jr. and Mr
and Mrs. Qleg Baranov who added the length of their property fines to total three hundred.
feet. It is questionable whether Mr. and Mrs.Baranov are in fact an adjacent abutter a
they do not appear as an adjacent abutter on the GIS map. Neverthetess,the calculation
employed by the Mr. Conte and the Baranov's does not meet the above statutory
requirements.
Indeed, after the meeting, V &'F requested an abutters list trading the language
of the statute, "extending three hundred feet" from its property. The Assessor produced
n abutters list with thirty-seven (3 r) abutters. Again, the signatures of two abutters does
not meet the twenty percent requirement.
Based on the above, V&F Realty Partnership is legally entitled to a declaration
that it has received enough votes for a zone change. I would ask you to reconsider your
previous ruling and declare the vote as,an affirmativrro ft etition;
Dennis P.Powers
Cc Prank V. Palange
Vincent Gioscia, Esquire
Page,1
I of 1 DOCUMENT
ANNOTATED LAWS OF MASSACHUSETTS
0 2007 Matthew Bender&'Company,Inc.;
a member of the LexisNexis Group,
All rights reserved.
CURRENT'TH t UGH ACT 38 OF THE 2007 LEGISLATIVE SESSION �`**
PART i ADMINISTRATION OF THE GOVERNMENT
TITLE`VII CITIES,TOWNS AND DISTRICTS
Chapter 40A Zoning.
GO TO MA SACHU ETTS`+CODE ARCHIVE DIRECTORY
ALMGL Bch. 40A, §5 (2007)
§5. Procedure for Adoption or Change a of Zoning Ordinances.
Zoning ordinances or by-laws may be adopted and from time to time changed by amendment,addition or repeal,but
only in the manner hereinafter provided Adoption of change of zoning ordinances or by-laws may be initiated by the
submission to the city council or board of selectmen of proposed zoning ordinance or by-law by a city council,-a board
of selectmen,a board of appeals,by an individual owning land to be affected by change or adoption,by request ofregis-
tered voters of a town pursuant to section ten of chapter thirty-nine,by ten registered voters in a city,by a planning
board,by a regional planning agency or by other methods provided by municipal charter.The board of selectmen or city
council shall within fourteen days of receipt of such zoning ordinance or by-law submit it to the planning board for re-
view,
No zoning ordinance or by-!aw or amendment thereto shall be adopted until after the planning board in a city or
town,and the city council or a committee designated or appointed for the purpose by said council has each held a public
hearing thereon, together or separately,at which interested;persons shall be given an opportunity to be heard. Said pub-
lic hearing shall be within sixty-five days alter the proposed zoning ordinance or by-law is submitted to the plan-
ning board by the city council or selectmen or if there is none, within sixty-rive days after the proposed zoning ordi-
nance or by-law is submitted to the city council or selectmen.Notice of the time and place of such public hearing,of the
subject matter,sufficient for identification,and of the place where texts and maps thereof may be inspected shall be
published in a newspaper of general circulation in the city or town'once in each of two successive weeks,the first publi-
cation to be not less than fourteen days before the day of said hearing,and by posting such notice in a conspicuous place
in the city or town Mill for a period of not less than fourteen days before the day of said hearing.Notice of said hearing
shall also be sent by mail,postage prepaid to the department of housing and community development,the regional
planning agency, if any,and to the planning board of each abutting cities and towns.The department of housing and
community development, the regional planning agency,the planning boards of all abutting cities andtowns and non-
resident property owners who may not have received notice by mail as specified in this section may grant a waiver of
notice or submit an affidavit of actual notice to the city or town clerk prior to town meeting or city council action on a
proposed zoning ordinance,by-law or change thereto.Zoning ordinances or by-laws may provide that a separate,con-
spicuous statement shall be'included with property tax bills sent to nonresident property owners,stating that notice o
such hearings under this chapter shall be sentby mail,postage prepaid,to any such fawner who files an annual request
for such notice with the city or town clerk no later than January first,and pays a reasonable fee established by such or-
dinance or by-law. In cases involving boundary, density or use changes within a district, notice shall be sent to any such
nonresident property owner who has filed such a request with the city or town clerk and whose property lies in the dis-
trict where the change is sought.No defect in the form of any notice under this chapter shall invalidate any zoning ordi-
nances or by-laws unless such defect is found to be,misleading.,
Prior to the adoption of any zoning ordinance or by-law or amendment thereat which seeks to further regulate mat-
ters established by section forty of chapter one hundred and thirty-one or regulations authorized thereunder relative to
Page 2
ALM GL ch.40A, § 5
agricultural and aquacultural practices,the city or town clerk shall, no later than seven days prior to the city council's or
town meeting's public hearing relative to the adoption of said new or amended zoning ordinances or by-laws,give no-
tice of the said proposed zoning ordinances or by-laws to the farinland advisory board established pursuant to section
forty of chapter one hundred and thirty-one,
No vote to adopt any such proposed ordinance or by-law or amendment thereto shall be taken until a report with
recommendations by a planning board has been submitted to the town meeting or city council,or twenty-one days after
said hearing has elapsed without submission of such report.After such notice,hearing and report,or after twenty-one
days shall have elapsed after such hearing without submission of such report,a city council or town meeting may adopt,
reject,or amend and adopt any such proposed ordinance or by-law. If a city council fails to vote to adopt any proposed
ordinance within ninety days after the city council hearing or if a town meeting fails to vote to adopt any proposed by-
law within six months after the planning board hearing, no action shall be taken thereon until after a subsequent public
hearing is held with notice and report as provided.
No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all
the members of the town council, or of the city council where there is a commission form of govemment or a single
branch,or of each branch where there are two branches,or by a two-thirds vote of a town meeting;provided,however,
that if in a city or town with a council of fewer than twenty-five members there is riled with the clerk prior to final ac-
tion by the council a written protest against such change,stating the reasons duly signed by owners of twenty per cent or
more of the area of the land proposed to be included in such change or of the area of the land immediately adjacent ex-
tending three hundred feet therefrom,no such change of any such ordinance shall be adopted except by a three-fourths
vote of all members.
No proposed zoning ordinance or by-law which has been unfavorably acted upon by a city council or town meeting
shall be considered by the city council or town meeting within two years after the date of such unfavorable action unless
the adoption of such proposed ordinance or by-law is recommended in the final report of the planning board:
Whenzoning by-laws or amendments thereto are submitted to the attorney general for approval as required by sec-
tion thirty-two of chapter forty, he shall also be furnished with a statement which may be prepared by the planning
board explaining the by-laws or amendments proposed,which statement may be accompanied by explanatory maps or
plans.
The effective date of the adoption or amendment of any zoning ordinance or by-law shall be the date on which such
adoption or amendment was voted upon by a city council or town meeting;if in towns,publication in a town bulletin or
pamphlet and posting is subsequently made or publication in a newspaper pursuant to section thirty-two of chapter
forty. If, in a town,said by-law is subsequently disapproved, i'n whole or in part,by the attorney general,the previous
zoning by-law,to the extent that'such previous zoning by-law was changed by the disapproved by-law or portion
thereof,shall be deemW to have been in effect from the date of such vote.In a municipality which is not required to
submit zoning ordinances to the attorney general for approval pursuant to section thirty-two of chapter forty,the effec-
tive date of such ordinance or amendment shall be the date passed by the city council and signed by the mayor or,as
otherwise provided by ordinance or charter,provided,however,that such ordinance or amendment shall subsequently
be forwarded by the city clerk to the office of the attorney general,
A true copy of the zoning ordinance or by-law with any amendments thereto shall be kept on file available for in-
spection in the office of the clerk of such city or town.
No claim of invalidity, of any zoning ordinance or by-law arising out of any possible defect in the procedure of
adoption or amendment shall be made in any legal proceedings and no state,regional,county or municipal officer shall
refuse,deny or revoke any permit,approval or certificate because of any such claim of invalidity unless legal action is
commenced within the time period specified in sections thirty-two and thirty-two A of chapter forty and notice specify-
ing the court,parties, invalidity claimed,and date of filing is filed together with a copy of the petition with the town or
city clerk within seven days after commencement of the action.
H ISTORY: 1975, 808,§3; 1977,829,§§A 3C; 1984, 189,§47; 1987,685, §3; 1991,515, §§ 1,2; 1996,258, §
16; 1998, 161,§255.
NOTES:
Editorial Note-
To. Agawam Town Council 44
Attn. Donald Rheault, Pres. Of Council
10
We the undersigned jointly agree to protest the present zone changes adjoining to our
property. We appreciate the council considering our request under Chapter 0-A Section 5,for a
314 voteof-the council is needed.
Taal property to be zoned is 559 ft. Property within 300 ft. or abutting is 382 ft. Only
2 %of abutters property is needed, These signatures represent %of the land abutting,the total
zone change.
The amenities of the area would be destroyed and the attractiveness and value of real
estate will decline immensely.
f Abia (lie property by 197 ft. . 3 in west of the property to be zoned.
Owner of Property
Joseph J. Conte Jr.
l Via%,vn the property "South of the proposed zone changes on 10 Royal Lane, approx. 120 ft..
Owner of Property
Meg Baranov
Owner of Property
lrina Baranov
P�rcels Page I of 2
MORRIS STEVEN H L T DONAIS FRANCIS R+ DAUDELIN ALFRED S
140 ROWLEY ST 66 ROYAL LN 58 ROYAL LN
AGAWAM, MA 01001-1629 AGAWAM,MA 01001-1630 AGAWAM , MA 01001-1630
Parcel ID, H13 8 1 Parcel ID.* H13 8 12 Parcel ID, H13 8 13
BERGER BARRY R TRUSTEE DREWNOW$KI RAYMOND S CONTE JOSEPH I
721 E 49TH ST 449 SPRINGFIELD ST 4S3 SPRINGFIELD ST
SAVANNAH , GA 31405 FEEDING HILLS, MA 01030 FEEDING HILLS , MA 01030
Parcel ID: H13 8 14 Parcel ID: H13 8 16 Parcel 10., H13 8 17
CONTE JOHN R JR. CONTE JOHN R. + LOUIS E. POWNALL KEVIN B
900 SPRINGFIELD ST 483 SPRINGFIELD STREET 39 ROYAL LN
FEEDING HILLS, MA 0 1030-2120 FEEDING HILLS i MA 01030 AGAWAM , MA 01001-1643
Parcel ID: H13 8 18 Parcel ID: H13 8 19 Parcel ID: H13 8 2'
FILKOSKI EDWARD G JANIK GRACE E L/T JANIK DO KUDLIC JOHN
55 ROYAL LN 61 ROYAL LN 4918 SPRINGFIELD ST
AGAWAM, MA 01001-1643 AGAWAM, MA 01001-1643 AGAWAM,MA 01030.3003
Parcel ID: H13 8 3 Parcel 10. H13 8 4 Parcel ID: H13 9 15
KUDLIC ANN KUDUC JOHN PAJER ALFRED P
4918 SPRINGFIELD ST 4916 SPRINGFIELD STREET 2 ROYAL LN
FEEDING HILLS, MA 01030 FEEDING HILLS, MA 01030-3003 AGAWAM ,MA 01001-1630
Parcel ID: H13 9 27 Parcel 10: H13 9 28 Parcel ID; H14 10 1
CHAR15ST LAWRENCE A 417 REALTY TRUST GRIMALDI ELIZABETH M
42 WHITE BIRCH TERR 115 EAST ST 234 MAPLE ST
FEEDING KILLS, MA 01030-1441 EASTHAMPTON , MA 01027 AGAWAM , MA 0 10 D 1-1334
Parcel ID: H14 10 2 Parcel H): H14 10 3 Parcel 10, H14 10 4
GORMAN DANIEL W SLAKE BRENDAN G DENISENKO NIKOLAY
30 ROYAL LN 18 ROYAL LN 8 ROYAL LN
AGAWAM, MA 01001 AGAWAM, MA 01001-1630 AGAWAM,MA 0 100 1-1630
Parcel 10: H14 10 6 Parcel ID. H14 10 7 Parcel ID: H14 10 8
ROUX STEVEN P FANCY CAROL A PARAGON MANAGEMENT LLC
38 ROYAL LN 3566 MOUNTAIN RD PO BOX 103
AGAWAM , MA 01001-1630 WEST SUFFIELD, CT 06093 EAST LONGMEADOW, MA 01028
Parcel ID: H14 10 9 Parcel ID- H14 11 13 Parcel ID: H14 11 14
FARIA JOSE CARLOS FALCOP HOMES INC BIAGMI DENNIS J+
416 SPRINGFIELD ST P.O� BOX 39 9 KRISTEN LN
FEEDING HILLS,, MA 01030 SUFFIELD,CT 06078 AGAWAM, MA 01001
Parcel ID: H14 1115 Parcel ID: H14 11 Ij Parcel ID: H14 i'l 20
TANG KIM S V+F REALTY PARTNERSHIP LYNCH SANDRA A
25 KIRSTEN LN 443 SPRINGFIELD ST 32 WILSON ST
AGAWAM,MA 01001 AGAWAM, MA 01001 AGAWAM, MA 0 100 1-1333
Parcel ID: H14 11 21 Parcel ID, H14 12 1 Parcel ID: H14 12 13
DEAN STEVEN A SR DEAN SCOTT BRAICA LEWIS W
22 WILSON ST 14 WILSON ST 13 HARDING ST
AGAWAM , MA 01001-1333 AGAWAM , MA 01001 AGAWAM , MA 01001.1316
Parcel ID, H14 12 14 Parcel ID: H14 12 15 Parcel ID: H14 12 2
eny)7
Parcels Page 2 of
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ASTRO}MATTEO ARTHUR, MORE VERA M MfAYNARD PETER J
19 HARDING STREET 11 WILSON ST 468 SPRINGFIELD ST
AGAWAM , MA 01001-1316 AGA AM , MA 01001-1332 FEEDING HILLS ,;MA 01030 '
Parcel ID: H14 12 3 Pare[ID: H14 13 I Parcel TD, H14 13 16
RYDELL;KENNETH P
19 WILSON ST
AGAWAM, MA 1001-1332
Parcel ID: H14 13 2
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i own Of Agawam
Assessor's Office
a' 36 Morn Street, Agawam, Massachusetts 01001-1 37
Tel,413- 786-0400 x 205 Fax 413 - 786.9927
Email: assessor( agawam.rnams
June 4, 2007
Conte
453 Springfield St.
Agawam, A 01 e01
Dear Mr. Dante
Abutters list for HI 1
The attached abutters list for the above-named property has been certified with 2,abutters.
If you have any questions,please call.
r
Sincere
Chester J. Nicora, Jr.
ActingAssessor
>r
A
Town
w 36 Main 'Street Agawam, Massachusetts 01001-1837
h; 'Tel. 413-786-0400 Fax 413486-9927'
to
May 21, 2007
CD
Donald M. Rheault, President
Robert A. Magovern, Vice President-
George Bitzas, Councilor N) ::E `-
Cecilia Calabrese, Councilor
Ruth Carr-Bitzas Councilor
Gina M. Letellier, Councilor Zn�
Joseph Mineo, Councilor �,�, c.y
Dennis Perry, Councilor r
Robert Rossi, Councilor
Jill Simpson, Councilor
Robert M. Young, Councilor
Agawam Town Council
35 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on May 17, 2007, the Agawam Planning Board in a 4 in favor
(Ward, Baldwin, Meagher, Morassi)'and 1 opposed (Hopkins) vote to send;a positive
recommendation for the zone change for V& F Realty Partnership for rear land at 443
Springfield Street from Agriculture to Business A. Attached please find the package of
information received by the Planning Board and upon which we based our decision.
`--Sincerely,
1.�--�--•�� �C--ads
Travis Ward, Acting Chairman
Agawam Planning Board
cc: Mayor, Clerk,.File
018 go
Town of Agawam
11% 36 Main Street Agawam, , assachusetts 01001-1837
Tel. 413-786-�0 0 Fax 13- - 7
MEMt.
TO AGA''+ AM PLANNING BOARD
FROM: IJEBORAH S. DACH4'S, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT: Zone Change = V & F Realty Partnership= Rear of 443Springfield Street
DATE`.
On March 27 2007, the Town received a request for a zone change for a parcel containing 21, 2
sq_ft, of land located at the rear of 443 Springfield Street from Agriculture to Business A, The
property is located on the south side of Springfield Street between Sheri Lane and Royal Lane.
Attached is a copy of the plan submitted by the applicant showing the proposed zoning map change.
A copy of the Assessor's snap showing the property as it is listed for tax purposes and the tax card
information is also attached.
Land Ilse and Zuni
As stated above, the property for which the zone change is being requested i§ currently zoned.
Agricultural. It is owned by V & F Realty Partnership. Together with a parcel fronting. on
Springfield Street the site encompasses I.l 9 acres and is occupied by V i s l~Auto. Acopyofthe
zoning snap for this area has been attached.
The property is located in a mixed use area. To the west is a single-family residential building and
vacant land. To the south is a multi-family building'and a single-family dwelling, To the east is a
commercial/residential building and a single family dwelling, Across Springfield Street is a car lot
owned by the same party. A WMECO easement runs diagonally through the area for which the.zone
change is being requested. This restricts future building on the property to immediately behind the
existing structure and at the far rear of the property.
Under the present Agricultural District following uses are allowed; Please refer to 14 -37 of
the Zoning Ordinance which is attached,);
Any use permitted in a Residence A-I District or A-2 District.
Farms,dairies,nurseries, truck gardens,greenhouses and natural ice harvesting activities and
buildings or structures accessory thereto,
Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all times are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
+ The processing of forests and wood lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals.
Airports and landing strips and buildings or structures necessary thereto, if located west of
Suffield Street.
If the zoning is changed from Agriculture to Business A, the following uses would be allowed:
(please refer to § 180-44 of the Zoning Ordinance which is attached):
+ Any use permitted in a Residence or an Agricultural District.
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 50 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.
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 Agawarn 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.
C)O CO
Environmental Considerations
There are no wetlands resources or other areas of environmental concern on the property....
Qjhgr ns +derati ns
.As mentioned earlier,the area of the proposed zone change is a mixed-use area. The uses include:
single family dwellings, multi-family dwellings, and other commercial uses. When Springfield
Street was zoned in the l 5fl's a commercial strip of 200' was adopted. This has encouraged and
resulted in strip development along the entire corridor. Residential development is found along the
back side of this strip with little or no buffer between the uses. This has sometimes resulted in
conflicts between residential and business owners
The V&F property is deep with the building located at the edge of the commercial area and parking
found in the front of the building. The business can not expand on the site without eliminating:
parking which is critical to the business. A. small triangle of land between the building and the
W ECO casement is the only location an addition could be placed.
With proper planning and careful buffering, the remainder of the site could be used with little or no
impacts to the abutting properties.
PARCEL MAPS
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Interactive Map
Parcel Ili. H14 10 5 0 215 431
Owner: V F REALTY PARTNERSHIP I Date,
Parcel Address: 443 SPRIN FIELD ST Scale; 1"-215` (1 2585) 5/ 1/0
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ZONING MAP
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§ 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 V I]
Agricultural Districts
§ 180-37. Pennitted 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 it 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 9helters; 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, tAdded 2-20-2001 by TOR-2001-1]
§ 180-38. Height regulations.
Buildiqgs 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 sole 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- 15-249K
§ 180-40. ZONING § 18043
180-40. Yards.
X 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 an 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
in area of less than 20,000 square feet.
§ 180-42. Lot coverage.
There shall be no lot coverage regulations in this district.
§ 180-43. Special use requirements.
A. Landscaped administrative offices, laboratories devoted to re'scarch, design or
experimentation and fufocessirlg 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 prentises, for sale except such as
are incidental to such laboratory research, design or experimentation conducted oil 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 wails of decorated colored aluminum, enameled colored
steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard
is on an interior lot line, 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 most be on plots having as mimmuln
of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other
lot lines and must provide off-street parking for employees and visitors. Not over 25% of
the land shall be used for building purposes.
180:29 05. 15.2006
Ask
i
1 fld- 3 AGA AM 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 plats having a minimum of 75 acres.
E. To :assure that special use structures shall be reasonably attractive in appearance, the
builder or his representative shall submit to the Planning board, in addition to other
requirements, an 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, net
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.
P. Not more than one motor vehicle per, 5,000 square feet of lot tap 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 Vitt
Business A Districis
180.44 Permitted rases.
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 rased 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 stare 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 czars, 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
ambulanccs is permitted. An underground tank of not more than 1,000 gallons'capacity
for drain oil is permitted. [Amended 11`-15- i 4 by TCMI -2004-17
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 on the
premises. An enclosed lubritorium for not more than three motor vehicles shall b
permitted. Only minor repairing of motor vehicles is permitted. [Amended 1 - - 00 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
^1 0 1 C)
§ 180-44 ZONING § 18046
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.
F. Open-air transient parking, after a public hearing by the Board of Appeals.
G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive;.
K , 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 less than 50 parking spaces be
provided on site. (Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1)
(1) The parking or loading requirements set forth in this subsection tray 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
Appeals reduce the parking or loading'requirement below 30 spaces.
I, Drive-through service windows utilized by any business shall require a special permit
from the Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by
TOR-97-81
J. No more than four automatic amusement devices, duty licensed in accordance with § 75-1
of the Code of the Town of Agawam, [Added 9-7-2004 by TOR-2004-51
§ 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.
§ 180-46. Setbacks; yards; loading areas.
A. Setbacks shall be at least 35 feet,
180:31 45. 15-2006
00 06 - ,
§ 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.
1). 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 IN
unloading platforms and doorways especialiy 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]
§ 1847. Lot coverage. M
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. tAmended 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 residentialom
' purposes which shall accmodate 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 govern6d 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 B Districts as indicated on the Building Zone Map, no new building or
other structure shall be erected for reside'n,tial 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
Proposed Zone "hani , e Submission by Applicant
Tax Card Information
Unofficial Property Record C(n Page I of I
Unofficial ProEerty Record Card,- Agawam, MA
General Property Data
Parcel ID H14105 Account Number
Prior Parcel ID 6810—
Property owner V*F REALTY PARTNERSHIP Property Location 443 SPRINGFIELD ST
PALANGE YIN.ANNA FRANK SHELA Property Use AUTOREP
Mailing Address 443 SPRINGFIELD ST Most Recent Sale Date 312111990
Legal Reference 7413 552
City FEEDING HILLS Grantor PALANGE
Mailing State MA zip 01030 Sale Price 0,
ParcelZoning AG Land Area 1.190 acres
Current Property Assessment
Card I Value Land Value 153,100 Building Value 305,800 Total Value 473,900
Building Description
Building Style REPAIR GAR Foundation Type SLAB Flooring Type CONCRETE
#of Living Units I Frame Type STEEL Basement Floor N/A
Year Built 1988 Roof Structure GABLE Heating Type FORCED HIA
Building Grade AVERAGE Roof Cover METAL Heating Fuel GAS
Building Condition Good Siding CORREG STL Air Conditioning 25%
Finished Area)BF)6766 Interior Walls DRYWALL #of Bsr"t Garages 0
Number Roams 0 #of Bedrooms 0 #of Full Baths 0
#of 314 Baths 0 #of 112 Baths 2 #of Other Fixtures I
Legal Description
Narrative Description of Property
This property contains 1.190 acres of land mainly classified as AUTOREP with o(n)REPAIR GAR style building,built about 1988,having CORREG
STL exterior and METAL roof cover,with I unit(s),0 room(s);0 bedroom(s),0 bath($),2 half bath(s);
Pray lmqes
Me
Disclaimer.-This information is believed to be correct but is subject to change and is not warranteed,
5/l/2007
KATz.ARGENio & POWERS, P.C. I
ATTORNEYS AT LAW
A 82"
1380"N STREET,SUITE 302 rTA N N 0
hvo-
SPRINGFIELD,MASSACHUSE-ITS 01103
JERRY P KATZ WWW.KATZARGENIOANDPOWERS.COM 52 COURT STREET'
THOMAS E.ARGENIO WESTFIELD,MA 01085
DENNIS P.POWERS TEL(413)737-5996 TEL.(413)562-0915
FAX(413) 781-3780
Please reply to Springfield
March 2 7, 2007
HAND DELIVERED ' rN
Nicholas Urbinati, Building Inspector > co
Town of Agawam
1000 Suffield Street
Agawam, MA 01001
<
C.11
RE: Petition for Zone Change—V &F Realty Partnership
Rear of 443 Springfield Street, Agawam, MA
Dear Mr. -Urbinati:
Enclosed please find the following in the above captioned matter-
0 Original Petition for Zone Change with plan of land showing parcel for
which zone change is sought;
thirty-eight (38) copies of petition and plan of land showing parcel for
which zone change is sought; and
0 a check in the amount of five hundred ($500.00) dollars payable to the
Town of Agawam to cover the filing and advertising fees for said petiti on
Please send a copy of all public hearing notices and transmittal emor 0 me
at the above address. Thank you and please call with quo tions.
Ve y yo S,
Dennis P.Powers
0 0 *
PETITION FOR ZONE CHANGE
WHEREAS, V &F Realty Partnership, is aMassachusetts partnership and owns
property located at 443 Springfield Street,Agawam, MA, which it acquired from Vincent
L. Palange, et al, which is recorded in the Hampden County Registry of Deeds, Book
7413, Page 552 (hereinafter'"V & F property");
WHEREAS, a portion,of the property lies within Business A Zone and a portior;
of the property lies within Agricultural Zone;
WHEREAS, V & F wishes to expand its existing building in Business Zone A
into that portion of the property which is zoned Agricultural;
WHEREAS, said zone change can be accomplished without any detriment to the
abutters or to the surrounding neighborhood and will benefits your petitioner,V &F and
is in the best interests of the Town;
NOW THEREFORE, V & F Realty Partnership respectfully petitions the
Agawam Town Council to amend the zoning map to change the rear portion of V& F's
property from Agricultural zone to Business A zone.
Property Name. Rear of 443 Springfield Street, Agawam, MA
Assessor's Parcel No. H14 105
Legal Description: See Attached.
Respectfully submitted this day of March 2007, by V& F Realty Partnership,
by Frank V. Palange, its General Partner.
FRANK V. PALARGE, General Partner
�
Attorney for Petition
Dennis P. Powers
Katz, Argenio &Powers, P.C.
130 Main Street, Suite 30
Springfield, MA 01103
413) 737-5996
413) 781-3780 (fax)
dpowers@katzargenioandpowers.com
Le al Description tion - #443 S` rin f eld Stree fgWing Hills-Mg.-- :Par l for Pro
Zone Chan
Beginning at a;point at the northeasterly comer of the parcel herein described, which
point is)vacated South 29°37'00"East two hundred 'one and 43/100 (201.43)feet from the
northwesterly corner of land of Grimaldi on the southerly line of said Springfield Street;
thence running
South 29�37'00"East along land of Roux, one hundred eighty and 301100
(180.30)feet to a point on the northerly line of Royal Lane,
thence running
South 80"1510" West along Royal Lane, one hundred hers and 54/100
(110.54)feet to an angle in said lane;thence running;
South 73"13'1 " West along Royal Lane, forty-six and 15/1 0 (46.15)feet to a
point;thence running
North 207'1 " West along land ofCo te, one hundred fourteen and 63/100
(114.63)feet to a point,,thence running
North 53033'00"Just along a line parallel with the southerly line of Springfield
Strut and 00.00 feet distant therefrom, one hundred fife.
and 00/100 (150.00)feet to the point of beginning.:.
Containing 21,629 square feet of land. Subject to easements ofrecord.
1
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Lie al Vescri ton-#443 Springfield Street Feedin Hills-Ma, ub'eet l�ro
Beginning at an iron pipe at the northeasterly comer of the parcel herein described, on the
southerly line of said Springfield Street; thence running
South 29 37'00" East along lands of Grimaldi and Rona, three hundred
eighty-one and 73/104 (381,73) feet to a point on the<
northerly line of Royal Lane; thence running
South W15'30" West along Royal Lane, one hundred ten and 54/100
(110 54) feet to an angle in said lane; thence running
South 73"13'13" West along royal Dane; forty-six and 15/10 (46,15)feet to a
point;thence running
North 2903 '13'" West along lands of Conte and Drewnowski, three hundred
sixteen and 06/100(316.06)feet to an iron pipe on the
southerly line of Springfield Street; thence manning
North 5 ° 'OW' :fast along the southerly line of said street" one Hundred fifty
and 0/100 (150,00)feet to the iron pipe at the point
of beginning.
Containing g 51,629 square feet of land. Subject to easements of record;
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AGAI �
800 MAIN STREET 0 AGAWAM,MA 01001 S�_'o
TELEPHONE (4;13) 786-0657:
FAX(413) 786-1 41
e-mail afdchief@agawam.ma.us
Stephen M. Martin Chief of Department FIRES
Michael Mercadant Provisional Deputy Chief
argi nn Thompson Administrative Assistant;
MEMORANDUM
TO: Planning Board
FROM: Fire Chief Stephen C . Martin
DATE: May 1,2007
Zone Change- d'&F Realty Partnership,443 Springfield Street
The fire department has no objection to the zoning change for the rear of
443 Springfield Street.
Thank ou,
Stephen . Martin
V L)
MAY 0 2 2007
TOWN OF AGAwAm
INTEROFFICE ,
MEMORANDUM
To: Planning Board
CC File
From: Engineering
Date: May 3, 2407
Subject.: Proposed Zane Change-V&F Realty Pm-tnership-Rear 443 Springfield,St: - SP 3 i
Per your request dated April 11, 2.007 we have reviewed the zone change request for
property at Rear 443 Springfield Street. We have no comment at this tirne.
If you have any questions please do not hesitate to contact our division.
Sincerely,
L'i J
'
Rick S. Seidnitzer Mike C. Chase
Civil Engineer I Interim Town Engineer
h:t gimer\sp1310\06 wpd
memo
To: Planning Board
From: Sgt. Richard Tiles
Subject; Proposed Zone Change—V&F Realty partnership—bear 443 Springfield St,
Date. 04/1 /2007
The"petition for zone change' document states that"V&F wishes to expand its existing
building in Business'Zane A into that portion of the property which is zoned
Agricultural". VAiat is the purpose of this expansion? Specifically, will the building
expansion be such that the flow of vehicular traffic canto& off of Springfield Streets
Royal Lane be increased?
Respectfully Submitted
,Zrt m A
Sgt. R. Tiles
Safety Officer
Agawam Police Department
App 7 00
Gotta Have Itr
May 16, 2007
To the Agawam Planning Board members,
I write to you today as a 21- year business owner and President of the Agawam
Chamber of Commerce. As a leader in the community and a lifelong resident of
Agawam I feel it is part of my role to protect, not just the business community but also
the entire community I consider home.
Having run E.B's Restaurant successfully for the last 21 years, I have come to
appreciate the people of Agawam and the business 1 have created. It is a rare individual
who can make a business successful while giving back to a community they believe in.
Frank Palange is one of those individuals. As the owner of V&F Auto, he has worked
hard during the last 20 years servicing with pride and commitment, a community that he
loves. He has created a customer base of over 7000 people from all over the area with
over 5200 who are your friends and neighbors right here in Agawam! V&F has a
reputation for quality service and great staff that is unmatched in any industry.
Over the years he has given back as much, likely more, than most businesses in
any community. V&F has given to Special Olympics, Muscular Dystrophy, Agawam
Lions, Shriners, Relay for .Life, Jimmy Fund, and just about every AGAWAM
organization in need of support. V&F is most proudly known for what they do for
Agawam directly.. Frank and his team have given over $3000 to the Agawam Public
Schools; have received both the AAA president's Award and Agawam Beautification
Award TWICE.
As Frank embarks on the possibility of a small expansion it has come to my
attention he will require a zone change to do it. If anyone deserves a chance at growing
their business, it's V&F Auto. Frank and his team deserve fairness and cooperation from
the town they have contributed so much to. The business community in Agawam has its
share of problems, no doubt. V&F Auto is not one of them. Please consider allowing
V&F Auto to continue to benefit Agawam. They are a very bright light for the future of
Agawam businesses. Thank you,
Edward Borgatti
E.B's Restaurant
Agawam Chamber President
385 Walnut Street Ext. •Agawam, MA 01001 • (413) 789-3525 • Fax (413) 789-7605 •www.ebsrestaurants.com
05/18/2007 13:04 FAX 0 002/002
KATz,ARGENIC &POWERS, P.C.
ATTORNEYS AT LAW
1380 MArN STREET,SUM 302
SPRJNGF-IF,11),MASSACHUSEM 01103
JERRY F KATZ WWW-KATZOGFNIOANDPOWERICOM 52 MURT STMET
THOMM L ARGENIO WOMELD,NA 01065
DaNNIS P.PMERS TEL(413)737-5996 TFI.(40)562-0913
FAX(413)781-3780
PIC11se reply to spdrigridd
May 16,2007
Dennis Hopkins, Chairman
Planning Board
36 Main Street
Agawam,MA OldOl
RE' V&F Realty Partnership—Zone Change Petition
Dear Mr. Hopkins:
As you may now,I represent V&F Realty Partnership in the above captioned
matter. Since I was unable to be present at the public hearing, I wanted to highlight
certain points of this petition on behalf of my client.
V &F,has owned the proper at 443 Springfield Street for the last nineteen
years, While the business has grown over the yews,the use of the rear portion of the
property is essentially as it is today. As a result of the public hearing, some concerns of
the neighbors have come to my client's attention. First, my client has eliminated early
morning deliveries to his facility. Second,he has diverted his employee traffic to the
Springfield Street entrance, Finally, my client would agree that there would be no
additional traffic as the result of the zone change. My Client has received a copy of the
letter to the Planning Board from two abutters; Mr. Roux and Mr.Pownall. He has also
had several conversations with neighbors to let them know his plans to address their
concerns.
Based on the above discussions with the neighbors,I believe the majority of the
neighborhood concerns has been addressed. I would be happy to discuss these issues
further or address the Board's concerns at the next meeting.
ly urs
Dennis P. Powers
05/15/200T 11 :53 FAX
0002/002
MAY-1 5-?OP7�07;SBA FROM-U-+ iINC. 41 37B6e5-r'B
EW TM13780 P.2
From the Desk of Steve Roux
May 15,2007
Dear Planning Board Members,
Pimse be advised that as an immediate abutter(38 Royal Lane)to V&F Auto, I
will be impacted moreso than=st people in the neighborhood. However I have talked
to Frank Palange on several occasions and he has ensured me that the changes and
upgrades to the back of his property will not only enhance the look,but will also take
care of a few problems and concerns the now exist.
It is therefore that I am not against the zone change for V&F-md if he what he has
told me,it will only improve the current situ&Oon. I would also like to add that If he does
not receive the Zone change, he should still be allowed to Blacktop the back of hig
property for which he has been using fbr parking fbr over 15 years. I also have no
problem v*h him tarring the access road,which would take care of the mesa from the
dirt for which is a major problem,
In closing I am stating that I and my neighbor Kevin Pownal (39 Royal Lane) are
not agWnst the zoning change as long Ew certain things„ such as the access road,parking
area in the back and curbing on the co mcr of Mr. Pownal's house are addresged. I feet
some kind of compromise can be worked out to satisfy evexyone in the neighborhood and
V&F.
Sincerely,
Steven P. Roux r)
ro
AGAWAM FIRE DEPAR7&ENT
800 MAIN STREET 0 AGAWAM,MA 01001 Vol
TELEPHONE (413)786-0657
FAX (413) 786- 241
e-mail afdehief@agaaim.ma.us'
Stephen M.Martin Chief of Department PIitES
Michael Mercada to Provisional Deputy Chief
orgiann Thompson Administrative Assistant
MEMORANDUM
T Planning Board
FROM: Fire Chief Stephen Mt Martin
DATE: May 1 2007
Zone Chang0i- V&F Realty Partnership,443 Springfield Street
The fire department has no objection to the zoning change for the rear of
443 Springfield Street.>
Thank Von.
M
e4ephen . Martin
n
R03"EIVED
MAY 0 2 2007
rk
t. f 4.". B ARe%
05/03/2007 11:39 FAX 4138210631 0 003/003
0
TOWN UP' AGAwAm
INTEROFFICE
WMORANDUM
To Planning Board
Fie
From Engineering
Date: May 3, 2007
Subjeet: Proposed'Zane Chauge-V F Realty Partnership- Rear 443 Sprinexeld St. - SP 310
Per your request dated April 11, 2007 we have reviewed the zone Than a request for
property at Rear 443 Springfield Street, We have no comment at this time.
If you have any questions please do not hesitate to contact our division.
Sincerely,
Rich S. Seidnitzer Mike C. Chase
Civil Engineer I Interim Town Engineer
h`k�gir�er1sp13t� a+�.wpd
Memo
To Planning Board
From, Sgt, Richard Niles
Subject: Proposed Zone Change—V&F Realty Partnership- Rear 443 Springfield St,
Date: 04/13/2007
The"petition for zone change"document states that"V F wishes to expand its existing
building in Business Zone A into that portion of the property which is zoned
Agricultural". What is the purpose of this expansion? Specifically, will the building
expansion be such that the flow of vehicular traffic onto & off of Springfield Streets
Royal Lane be increased'
Respectfully Submitted
Sgt. R. Niles
Safety Officer
Agawam Police Department
PFFMVED
APR 17 2007
LJ ,
Town of Agawam
0 �' 36 Main Street Agawam, Massachusetts 01001-1837
"Tel. 413-786-0 0 Fax 41 -78 6-9927
MEMO
Tl✓1 : AGA'WAM PLANNING BOARD
FROM.: DEBORAH S. DACHOS, DIRECTOR
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT; Zone Change,=V & F Realty Partnership -Rear of 4413 Spiingfield Street
BATE.
On March 27, 2007, the Town received a request for a zone charge for a parcel containing 21,629
sq.tt. of land located at the rear of 443 Springfield Street from Agriculture to Business A. The
property is located on the south side of Springfield Street between Sheri Lane and Royal Lane.
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 is also attached.
Land Lls arid Zom'ng
As stated above, the property for which the zone change is being requested is currently zoned`
Agricultural. It is owned by V & F Realty Partnership.. Together with a parcel fronting on
Springfield Street the site encompasses 1.19 acres and is occupied by V & F Auto. A copy of the
zoning reap for this area has been attached:
The property is located in a mixed use area. To the west is a single-family residential building and
vacant'la d. To the south is a multi-family building and a single-family dwelling. To the east is a
commercial/residential building and a single family dwelling... Across Springfield Street is a car lot
owned by the same party. A WMECO casement runs diagonally through the area for which the zone
change is being requested. This restricts future building on the property to immediately behind the
existing structure and at the far rear of the property.
Under the present Agricultural District the following uses are allowed: { Please refer to 1 St}-37 'of
the Zoning Ordinance which is attached.)
Any use permitted in a Residence A-1 District or A-2 District.
+ Farms,dairies,nurseries,truck gardens,greenhouses and natural ice harvesting activities and
buildings or structures accessory thereto.
+ Buildings or shelters for the sale of farm products, provided that a major portion of the
products offered for sale at all titres are raised on the premises and no advertising of
products other than those raised on the premises shall be displayed.
The processing of forests and wood lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals
Airports and landing strips and buildings or structures necessary thereto,if located west of
Suffield Street.-
If the zoning is changed from Agriculture to Business A, the following uses would be allowed:
(please refer to § 1 g0-44 of the Zoning Ordinance which is attached);
�N Any use permitted in a Residence or an Agricultural District.
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,balls 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.
Cane-story public garages for storage or repair of not more than 50 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.
A gasoline filling station,which shall include self-service gasoline tilling or service stations,
provided that not more than 30,000 gallons of gasoline shall be stored on the premises, An
enclosed lubritariurn 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.
( 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,
+F Open-air transient parking, after a public hearing by the Board of Appeals,
Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive;
EnvironmgntajQ2nsidgratiqns
There are no wetlands resources or other areas of environmental concern on the property,
Other-C-e-asideration
As mentioned earlier, the area of the proposed zone change is a mixed-use area. The uses include:
single family dwellings, multi-family dwellings, and other commercial uses. When Springfield
Street was zoned in the 1950's a commercial strip of 200' was adopted. This has encouraged and
resulted in strip development along the entire corridor. Residential development is found along the
back side of this strip with little or no buffer between the uses. this has sometimes resulted in
conflicts between residential and business owners,
The V&F property is deep with the building located at the edge of the commercial area and parking
found in the front of the building. The business can not expand on the site without eliminating
parking which is critical to the business. A small triangle of land between the building and the
WI CO easement is the only location an addition could be placed.
With proper planning and careful buffering, the remainder of the site could be used with little or no
impacts to the abutting properties.
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§ 180-36 A AM CODE 180-39
§ 180-36. Lot coverage.
No principal building shall be erected or altered so as to cover more than 4017b of the area of
the lot on which it is located.
ARTICLE V11
Agricultural Districts
§ 180-37. Permitted uses.
In any Agricultural District as indicated on the Building Zone Map, no buildino, 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 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-2001-1]
§ 180-38, Height regulations.
Buildings or structures permitted in this zone under § i80-37A 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 (arm products shall be at least 35 feet from the
street line.
B. Dwellings with or without attached garages shall be at least 3 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 ride lot line. It shall
comply with the side yard requirements of the nearest residence district measured in a
director 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 ill 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 20,000 square feet.
§ J 80-42. Lot coverage.
There shall be no lot coverage regulations in this district.
I
§ 180-43. Special use requirements.
A. Landscaped administra6ve offices, laboratories devoted to re,search, 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.
13; 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 colored aluminum, enameled colored
steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard
is on an interior lot line, 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 minit-rairn
of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other
lot lines and must provide off-street parking for employees and visitors. Not over 25% of
the land shall be used for building purposes.
180:29 05- 15-2006
180-43 A AWAM CODE § I80-4
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 mast be on plots having a minimum of 75 acre..
E. To assure that special use structures shall be reasonably attractive in appearance, the
builder or his representative shall submit to the Planning Board, in addition to other
requirements, an architect's rendering or comparable illustration of the planned
construction, including landscaping, prior to applying for a building permit. Unless such
a drawing approved by the Planning Board is submitted to the Inspector of Buildings, no
permit for a building,shall be issued, nor shall an occupancy permit be granted, unless
and until the finished structure conforms to the drawing submitted..
F. Not more than one motor vehicle per 5,000 square feet of lot up to al limit of five'motor
vehicles shall be kept in accordance with Chapter 91 of the General Paws, only one of
which can be an unregistered vehicle, exclusive of farm equipment.
ARTICLE V111
Business A Districts;
i
180-44. Permitted uses,
In :any Business A District as indicated on the Building Zone Flap, no building or other
structure shall be erected, altered or used and no land shall be used or occupied for any
purpose excerpt 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, balls 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 t
wont and the painting or selling of cars in or out of doors is prohibited. The storage of
dismaaatled 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
1 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-2004-171
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 on 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-200 -a3
(`I) 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 45- t -2(ft
c�.
18044 ZONING § 180-46
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,
K Open-air transient parking, after a public hearing by the Board of Appeals,
G: Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusivq.
H. Drive-in restaurants and drive-through restaurants, after a special pert-nit by the Board of
Appeals in conformance with § 180-11,At no time shall less than 50 parking spaces be
provided on site, [Added 3-21-1"4 by TOR-94-1; amended 3-8-2000 by TOR-2000-11
(1) 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
Appeals reduce the,parking or loading requirement below 30 spaces.
1> Drive-through service windows utilized by any business shall require a special permit
from the Board of Appeals in conformance with § 180-11. jAdded 9-20-1997 by
TOR-97-8] '
J. 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
§ 180-45. fleight. 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,
§ 180-46. Setbacks; yards; loading areas.
A. Setbacks shall be at least 35 feet.
180:31 05- 15-2006
§ 18046 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
§ 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-86-6]
B. Notwithstanding any other provision of this section, no building or other structure shall
be erected, altered or used for res' y idential purposes which shall accommodate or house
more than four families. All four-famil 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 govem6d by the provisions of such permit.
ARTICLE LX
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 B 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
Proposed Zone Change Submission by Applicant
Tax Card Information
GeneralUnoffici,z,.0 Property Record Page I of I
Unofficial Pr "'Y Record Cal awam, MA
r
P rra t ID ttty 10 T Account Numher
Prior Parcol tit 6,810-
Pasta rty Ocaner 'r t"'REAL TY PAR TNE RSHM Property Location t 3 StaRINCat tt LO, ST
T La NGE VIN ANNA FRANK tstttr LA Property Use tttt'TDREP
Mailing Address 443 SPRI tttNELO Sit' Most Recent Sate state 312111"0
Legal ter nc 413 552
City FEEDING HILL',T Grantor P At,dtt4YL
martli¢rd state tat zip+uYTrno Sale fence 0
patcolzorong dtt Land Area,t Tatty acres
Current Property
Card 3 Value Land Value 153.100 Building t aNe 305,600 T'tttatt Value 473,9,0,0
Building Description
Building Style f",,P, W GAR Foundation y tt.A tt Flaoring Type CONCRETE
d of Living Units t Frame type STEEL Basearent Floor WA
Year SUM aatdL Brant Structure t,"tayBLt Harting Type FORCED ttatt
Building Grade AVERAGE Roof Lover METAL Heating Not GAS
ttryttdrrag ratrradatrtrrr Good Sitting t t:RR G t'TL tttr Conditioning t ..;,A
Finished Area( ts)Via`66 interior Walls DRYWALL N Of ssrrat Ga fatkes 0
Numbef draaaa ET #uf Bedrooms tk, of Full Baft
d of y+d Saths 0 #of t t`y Baths 1 d of Darer Fixtures t
DescriptionLegal
NarrativecryProperty
This rorwrty contains.t 1,40 acres of tared matnty classified as AUT OREP with (ra)REPAIR GAR attytra building,built about ttt d hawing CORREG
' t, exterfor and METAL,€ 't cover.with T as rtt( ).tt r wife),0 d dramtm(s),0 d th(s),2 tarat't bath( ),
r
z
"h"" �a nee Tbi iaat as ittsr ,t tca at t'. taa axara =t Lea; a, Bata a,a�C @, t apt as.raaA3'r,�s<t ,#aA�ar ras=fit:
" 1'-'2 't07
KATZ,ARGENIO & POWERS, PC- APR G tl
ATTORNEYS AT LAB'
PLANNIINt,,,�*4 8UARO
1380 MAIN STIMET,SUITE 30?
SPR1N GFIELD,MASSACHUSETTS 01103
JERRY P KATZ • T GENIOA DPO RS.COM;
52 COURT STREET- .�
THOMAS L AR EN1 1 WES'r1~IEL.D,NIA 01085
DENNIS R POWERS TEL(413)737-5996 TEL(413)562-0915
FAX(413) 781-3780
Please reply to Springfield
March 27,, 007
:.mow
HAND DELIVERED '" � � M
> --t
Nicholas Urbinati Building Inspector co
Town of Agawam to
rn
1000 Suffield Street M
Agawam, ILIA 01001 '
CD rn
RE: Petition for Zone Change—V &F Realty Partnership cn
Rear of 443 Springfield Street, Agawam,MA
Dear Mr. Urbinati
Enclosed Tease find the following in the move captioned matter.
Original Petition for Zone Change with plan of land showing Marcel for
which zone change is sought;;
• thirty-eight (38) copies of petition and plan of land showing parcel for
which zone change is sought; and
a check in the amount of five hundred ($500.00) dollars payable to the
Town of Agawam to cover the filing and advertising fees for said.petition;
Please send a copy of all public hearing notices and transmittal memo r o me
at the above address. Thank you and please call with qu tions.
Ve y YO s,
Dennis P. Powers
PETITION FOR ZONE CHANGE
WHEREAS,V & F Realty Partnership, is a Massachusetts partnership and owns
property located at 443 Springfield Street,Agawam, MA,which it acquired from Vincent
L. Palange, et al, which is recorded in the Hampden County Registry of Deeds, Book
7413, Page 552 (hereinafter"V & F property");
WHEREAS, a portion of the property lies within Business A Zone and a portion
of the property lies within Agricultural Zone;
WHEREAS,V &F wishes to expand its existing building in Business Zone A
into that portion of the property which is zoned Agricultural;
WHEREAS, said zone change can be accomplished without any detriment to the
abutters or to the surrounding neighborhood and will benefits your petitioner,V &F and
is in the best interests of the Town;
NOW THEREFORE,V &F Realty Partnership respectfully petitions the
Agawam Town Council to amend the zoning map to change the rear portion of V & Fs
property from Agricultural zone io Business A zone.
Property Name: Rear of 443 Springfield Street, Agawam, MA
Assessor's Parcel No. H14 105
Legal Description: See Attached.
Respectfully submitted this day of March 2007, by V& F Realty Partnership,
by Frank V. Palange, its General Partner.
'FRANK V. PALARGE, General Partner
Attorney for Petition
Dennis P. Powers
Katz,Argenio & Powers, P.C.
1380 Main Street, Suite 302
Springfield,MA 01103
(413)737-5996
(413) 781-3780 (fax)
dpowers@k-atzugenioandpowers.com
i
Legal Description- #443 Springfield.& eg Feeding,Hills, Ma. - Parcel for Proposed;
Zone Change
Beginning at a point at the northeasterly corner of the parcel herein described, which
point is located South 29°37'00" East two hundred one and 43/100(201.43)feet from the
northwesterly comer of land of Grimaldi on the southerly line of said Springfield Street
thence running
South Z67'00"'East along land of Roux, one hundred eighty and 30/100
(180.30)feet to a point on the northerly line of Royal Lane
thence running
South 80015'30" West along Royal Lane, one hundred ten and;54/100
(110.54) feet to an angle in said lane; thence running
South 73013'13" West along Royal Lane, forty-six and 15/100 (46.15) feet to a
point; thence running
North 29°37'13" West along land of Conte,,one hundred fourteen and 63/100'
(114.63) feet to a point; thence running
North 53°33'00"East along a line parallel with the southerly line of Springfield
Street and 200.00 feet distant therefrom, one hundred fifty
and 00/100 (150.00),feet to the point of beginning.
Containing 21,629 square feet of land. Subject to easements of record.
Legal Descri ion-#L43 Soringfield Stree Fg&ding Hills - Subject Fro
Beginning at an iron pipe at the northeasterly corner of the parcel herein described, on the
southerly line of said Springfield Street-,thence running
South 29`37'00"East along lands of Grimaldi and Roux, three hundred
eighty-cane and 73/100 (381,73) feet to a point on the
northerly line of Royal Lane; thence running
South 80015'30" West along Royal Lane, one hundred ten and 54/100
(110.54)feet to an angle in said lane; thence running
South 73i13'13" West along Royal Lane, forty-six and 15/100 (46.1 )feet to
paint; thence running
North 9°37'13" West along lands of Conte and Drewnowski,'three hundred
sixteen and 06/100(316.04 feet to an iron pipe on the
southerly line of Springfield Street; thence running
North 5f33'00" East slang the southerly line of said street, one hundred fifty
and 00/100(150.00)feet to the iron pipe at the point
of beginning.
Containing 51,629=square feet of land. Subject. to easements of record.
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05/01/2007 16:38 FAX Z 002/002
KATz,ARGENio & POWERS, P.C.
ATTORNEYS AT 1AW
1380 MAW STREET,SUITE 302
SFRINGFIELD,MSSACHUSF.TrS 01103
JERRY R KATZ WWW.KATZARUFNIOANt)POWEkS.COM 5Z CIUURT STKrET
THOMAS F.ARCENIO WEML UU.ZMA 0105
DENNIS P.POWERS TEL(413) 737-5996 TU.(W)5G2-Wi5
FAX(413) 781-3780
Piton reply to Spt-ingriald
May 1, 2007
VIA FACSDOEE
413-786-9927
Ms. Deborah Dachos
Planning Board
36 Main Street
Agawarn, MA 01001
RE: V & F Realty Partnership
443 Springfield Street,Agawam, MA
D=Ms. Dachas:
Thank you for sending me the cornments.of Sargeant Niles in his capacity of
Safety Officer.
if the zone change is approved, my client intends to file an application for a
building permit to add on to the existing building in the range of fifteen to two thousand
square feet. The purpose of this addition would be primarily for storage.
My client does not believe there will be any additional traffic as the result of the
proposed expansion.
Thank you for your attention to this matter.
e t ly you s
DennisP. Powers
CC- Sargeant Niles
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSAC HOSE TTS 01001
April 18, 2007, 2007
Dennis P. Powers, Esq,
Katz, Argenio& Powers, P.C.
1380 Main Street, Suite 302
Springfield, MA 01103
PRESIDENT
Donald M. Rheault
Re: Petition for Zone Change—V & F Realty.Partnership, Rear of 443
VICE PRESIDENT Springfield Street., Agawam, MA
Robert A.Magovern
COUNCILORS Dear Attorney Powers:
George Bitras
Cecilia Calabrese*= Please be informed that the public hearings in regards to the above will take place
Ruth Carr Bitzas at the regular council meeting on Monday,May 21, 2007 at 730 p.m.,Agawam
Gina M Letellier
Joseph j%fineo Middle School, 68 Main Street, Agawam, MA. You or your client should be
Dennis J. Perry present at this meeting to answer any questions from the city council that they
Robert E. Rossi may have.
Jill A Simpson
Robert M. Young
Thank you
COUNCIL CLERK
Ursula Retzler Sincerely,
Ursula Retzler
Clerk of the Council
cc: Council Members
Mayor
City Solicitor
Planning Board
File
ICU
TELEPHONE
(413) 786-0400 Ext. 233 APR
FAX r w a "I Li
(413) 786-9927
Town of Aga a
� et
c #1% 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927
April 17,2007
Dear Abutter:
V&F Realty Partnership has submitted to the Town a request for a zone change on property
located at Rear 443 Springfield Street. The property is currently zoned Agricultural. The
request is to rezone the property Business A
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 3, 2007 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 � l '
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD<
DBH/DSD:prk
*. 0
MORRIS STEVEN H L/T DONAHUE RAMONA M CO'NNOR ROBERT D +
140 ROWLEY ST 86 ROYAL LN 76 ROYAL LN
AGAWAM , MA 01001-1629 AGAWAM , MA 0100`1-1630 AGAWAM„ MA 01001-163C
Parcel ID: H13 8 1 Parcel ID: H13 8 10 Parcel ID: H13 811
DONAIS FRANCIS R+ DAUDELIN ALFRED S BERGER BARRY R"TRUSTEE
66 ROYAL LN 58 ROYAL LN` 721 E 49TH ST
AGAWAM , MA 01001-1630: AGAWAM , MA 01001-1630 SAVANNAH , GA 31405
Parcel I'D: H13 8 12 Parcel ID: H13 8 13 Parcel ID H13 8 14
DREWNOWSKI RAYMOND 5 CONTE JOSEPH I CONTE JOHN RJR.
449 SPRINGFIELD ST 453 SPRINGFIELD ST 900 SPRINGFIELD ST"
FEEDING HILLS , MA 0`1030 FEEDING HELLS , MA 01030 FEEDING HILLS, MA 0103{
Parcel ID: H13-8 16 Parcel ID: H13 8 17 Parcel ID: H13 8'IS
CONTE JOHN R. + LOUIS E POWNALL KEVIN B FILKOSKI EDWARD G
483 SPRINGFIELD STREET 39 ROYAL LN, 55 ROYAL LN
FEEDING HILLS , MA 01030 AGAWAM , MA 01001-1643` AGAWAM, MA 01001-164-
Parcel ID: H13`8 19 Parcel ID: H13 8 2 Parcel ID H13 8 3`
JANIK GRACE E L/T JANIK DO' SIECZKOWSKI JOAN A L/T FERREIRA WILLIAM F
61 ROYAL LN 71 ROYAL LN 85 ROYAL LN;
AGAWAM , MA 01001-1643 AGAWAM , MA 01001-1643 AGAWAM, MA 01001-164`_
Parcel ID: H13 8'4 Parcel ID: H13 8 5 Parcel ID: H13 8 6
KUDLIC JOHN KUDLIC JOHN G KUDLIC ANN
4913 SPRINGFIELD ST' 493 B SPRINGFIELD ST 491B SPRINGFIELD ST
AGAWAM , MA 01030-3003 FEEDING HILLS , MA 01030-2158 FEEDING'HILLS , MA 0103
Parcel ID: H13r9 15 Parcel ID: H13 9 16 Parcel ID' H13 9 27`
KUDLIC JOHN PAJER ALFRED P CHAREST'LAWRENCE A
491B SPRINGFIELD STREET 2 ROYAL LN 42 WHITE BIRCH'TERR
FEEDING HILLS , MA 01030-3003 AGAWAM ,;MA 01001-1630 FEEDING HILLS , MA 0103[
Parcel ID: H139 28' Parcel ID: H14 10 1 Parcel ID: H14 10 2
417 REALTY TRUST GRIMALDI ELIZABETH M GORMAN DANIEL W
115 EAST ST 234 MAPLE ST 30 ROYAL LN
EASTHAMPTON , MA 01027 AGAWAM , MA 01001-1334 AGAWAM MA 01001
Parcel ID: H14 10 3 Parcel ID: H114 10 4. Parcel ID: H14 10 6
BLAKE BRENDAN G DENISENKO NIKOLAY ROUX STEVEN P
18 ROYAL LN 8 ROYAL LN' 38'ROYAL LN
AGAWAM , MA 01001-1630 AGAWAM , MA 01001-1630 AGAWAM , MA 01001-163C;
Parcel ID: H14 10 7' Parcel ID: H14 10 8 Parcel ID: H14 10 9`
SCHULZE MAX F' KENNEDY MICHAEL R JR PAOLUCCI STEVEN 3
394 SPRINGFIELD ST 40 HARDING STREET 32 HARDING ST
AGAWAM , MA 01001-1556 AGAWAM , MA 01001-1317 AGAWAM,, MA 01001-1317'
Parcel ID: H14 11 1 Parcel ID: H14 11 11 Parcel ID: H14 11 12
FANCY CAROL A PARAGON MANAGEMENT LLC FARIA JOSE CARLOS
966 MOUNTAIN RD PO BOX 101 416 SPRINGFIELD ST
WEST SUFFIELD , CT 06093 EAST LONGMEADOW , MA 01028 FEEDING HILLS MA 0103I.
Parcel ID: H14 11 13` Parcel' ID: H14 11 14 Parcel ID: H14 11 15
LAVRENCHUK PETR:L FALCOR HOMES INC CANDON THOMAS M
20 KR18TEN LANE P.O BOX 39' 31 KRISTEN LN
AGAWAM , MA 01001-1544 SUFFIELD , CT 06078 AGAWAM , MA 0 100 1-1544
Parcel ID: H14 11 16 Parcel ID: H14 11 17` Parcel ID: H14 11 18
KIM SEND TANG BIAG`ETTI DENNIS J+ TANG KIM S
25 KRISTEN LN 9 KRISTEN LN 25 KIRSTEN LN
AGAWAM , MA 01001 AGAWAM , MA 01001 AGAWAM MA 01001
Parcel ID: H14 11 19 Parcel ID: H14 1120 Parcel ID H14 1I 21
OWNER UNKNOWN V + F REALTY PARTNERSHIP` LEVENSON ANN E;
36 MAIN STREET 443 SPRINGFIELD ST" 44 WILSON ST'
AGAWAM , MA 01001-182S AGAWAM , MA 01001 AGAWAM MA 01001-133
Parcel ID: H14 11 23 Parcel ID: H14 12 1 Parcel ID. H14 12 11
LITTLEHALE WALTER E LYNCH SANDRA A DEAN STEVEN A SR
38 WILSON ST 32 WILSON ST 22' WILSON ST
AGAWAM , MA 01001-1333 AGAWAM , MA 01001-1333 AGAWAM, MA 01001-133 '
Parcel ID. H14 12 12 Parcel ID: H14 12 13' Parcel ID,. H14 12 14
DEAN SCOTT BRAICA LEWIS W MASTROMATTEO ARTHUR
14 WILSON ST 13 HARDING ST 19 HARDING STREET'
.AGAWAM , MA 01001 AGAWAM , MA 01001-1316 AGAWAM , MA 01001-131E
Parcel ID: H14 12 15 Parcel ID: H14 12 2 Parcel ID: H14 12 3'
BRINDLE ELSIE A FIGIEL JOSEPH P&GERTRUDE E L MOORE VERA M
7 HARDING ST 35 HARDING STREET 11 WILSON ST'
AGAWAM , MA 01001-1316 AGAWAM , MA 01001-1316 AGAWAM , MA 01001-1332
Parcel ID: H14 12 4 Parcel ID: H14 12 5 Parcel ID: H14 13 1
BERARD EUGENE F JR MAZZEI FRANCIS 5 MAYNARD PETER 1
36 TAFT ST 476 SPRINGFIELD STREET 468 SPRINGFIELD ST
FEEDING FALLS , MA 01030-1920 FEEDING; HILLS , MA 01030 FEEDING HILLS,, MA 0103(
Parcel ID: H14 13 14 Marcel TO: H14 13 15 Parcel ID;: H14 13 16
MOORE VERA M RYDELL KEN'NETH P R DELL KENNETH P:
11 WILSON STREET 19 WILSON ST 19 WILSON ST
AGAWAM , MA;01001-133 AGAWAM , MA 01001-1332 AGAWAM , MA 01001-1332'
Parcel ID: H14 13 17 Parcel ID: H14 13 16 Parcel ID: H14 13 2
sine e'er
EGAfq-Pflut::IG.:I, ROOT THOMAS A HANNIGAN ELIZABETH C.
27 WILSON ST 33 WILSON ST 43 WILSON ST
AGAWAM , MA01001-1332, AGAWAM , MA 01001-1332 AGAWAM , MA 01001-1332
Parcel ID: H14<13 3 Parcel 1D: H14 13 4 Parcel ID: H14 13
AMERICAN LEGION POST 41 S HAOBERG ROBERT J WALSH WILLIAM T
P.O. BOIL 186 92 ROYAL ST 107 FOX FARM FAD
FEEDING HILLS', MA 01001-0186 AGAWAM , MA 01001-1628 FEEDING HILLS MA 01031
Parcel 1D: H14 14 1 Parcel ID: H14 8 10 Parcel ID: H14 8'1
STROM RALPH H JR; BERKOWITZ KENNETH WJTRUSTEE PEREZ OERALDO V+
84 ROYAL ST P.O. BOX 342 309 SPRINGFIELD ST
AGAWAM , MA 01001-1628 FEEDING HILLS , MA 01030 AGAWAM , MA 01001
Parcel ID: H14 8 12 Parcel ID: H14 8 6 Parcel ID' H14 8 9
LABUN RICHARD J + RONALD J MORRIS STE EN H LIT
81 RANDALL ST 140 ROWLE "ST
AGAWAM , MA 01001-1620, AGAWAM ,MA 0100'1-162
Parcel ID: H14 9 1 Parcel ID: 114 1
t
LEGAL NOTICE
TOWNOFAGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, May 3, 2007 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 sof V&F Realty Partnership for a proposed zone change on Rear 443
Springfield Street. The rear property is zoned Agricultural. The request is to rezone it Business
A. 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:
Dennis B. Hopkins, Chairman
Agawam Planning Board
(Ad to be run 4/19/07 &4/26/07) c,a >M
1>
Cn
cn
C=)
cc: Planning Boards of-,
Southwick
Springfield
West Springfield
Westfield
Suffield, CT
PVPC
Dept. Of Housing & Community Development
Town f Agawalm
t 36 Main Street Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 Fax 413-786-9927'
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: April 11, 2007
SUBJECT: Proposed Zone Change V&F Realty Partnership = Rear 443 Springfield Street
V&F Realty Partnership has submitted a zone change request from Agricultural to Business A for
property at Rear 443 Springfield Street.
The Planning Board will be holding its public hearing on this proposal on Thursday, May 3
2007. We would appreciate any comments you may have prior to this hearing;
Sincerely,
Dennis B Hopkins, Chairman'
AGAWAM PLANNING BOARD
DBH/DSD:prk
AGAWAM CITY COU
36 MAIN STREET
AGAR , MASSACHUSETTS 01001
MEMORANDUM
Date. February 10, 2007
To: Planning Beard
From: Ursula Hetzler, Council Clerk
PRESIDENT e: Zone Change— C-2007-5
Donald M. Rheault
VICE PRESIDENT
Robert A.Magovern ZONE CHANGE—v & f fealty Partnership, Rear of 44
Springfield Street,Agawam, MA.
COUNCILORS George Bias Received from Building Department on April 9, 2007.
Cecilia Calabrese Submitted to Planning;Board can April 10 2007 Planning Board
.Ruth Carr Bitzas' will hold their public hearing on May 3, 007:
Gina M. Letellier City Council will hold their public hearing on May 21, 2007 after
Joseph Alined City Council, p roval t said date.
Dennis J Perry
Robert E. Rossi
Jill P impson
Robert U. Young Signed
COUNCIL CLERK Planning Beard
Ursula,Retzier
"E"EIVEU
APR 10 2007
P1 'D
TELEPHONE
i�a AN N'l ,
(413) 786-0400 Ext. 233
O""OAm
FAX
(413) 786- 927
Tz, ARGENIO &POWERS, P.C.
ATTORNEYS AT LAW
1380 MAIN STREET,SUITE 302 C - awl —,5
SPRINGFIELD,MASSACHUSEM 01103
TZAR E1 I POWER.S. OM
JERRY°P.Iw.ATZ S2 coUR"r STREET'" .�
TI40MAS E.ARGENIO WESTFIELD,MA 01085
DENNIS P.POWERS TEL(41 )737-5 96 TEL,(413)562.0915
FAX(413) 781-378 ;
Picric reply to Springfield
March 27, 2007 � �1 VE
APR 1
HAND DELIVERED "D
PLAN'tt �'
d. �?
i'lrl
Nicholas Urbinati,Building Inspector
Town of Agawam ;
1000 Suffield Street `-
Agawam, NIA 01001 CO Z
Petition for Zone Change—V &F Realty Partnership
Rear of 443 Springfield Street, Agawam,MA
rn
co to
Dear Mr. U binati
x
Enclosed please find the following in the above captioned matter. >n
mr
Original Petition for one Change with plan of land showing parcel for
which zone change is sought; ,,
.° >
thirty-eight S) copies of petition and plan of land showing Parcel for n
which zone change is sought; and sr` r•-
a check in the amount of five hundred($500.00)dollars payable to the
Town of Agawam to cover the filing and advertising fees for said petition.
Please send a copy of all public hearing notices and transmittal memor c o me
at the above address. Thank you and please call with 4 ue tions.
Ve y yo s;
Dennis P. Powers
PETITION FOR ZONE CHANGE
WHEREAS,V & F Realty Partnership, is a Massachusetts partnership and owns
property located at 443 Springfield Street, Agawam, Nik which it acquired from Vincent
L. Palange, et at, which is recorded in the Hampden County Registry of Reeds, Book
7413, Page 552 (hereinafter"V & F property");
WHEREAS,a portion of the property lies within Business A Zone and a portion
of the property lies within Agricultural Zone;
WHEREAS,V& F wishes to expand its existing building in Business Zone A
into that portion of the property which is zoned Agricultural;
WHEREAS, said zone change can be accomplished without any detriment to the
abutters or to the surrounding neighborhood and will benefits your petitioner,V &F and
is in the best interests of the Town;
NOW THEREFORE,V &F Realty Partnership respectfully petitions the
Agawam Town Council to amend the zoning map to change the rear,portion of V & F's
property from Agricultural zone to Business A zone.
Property Name:: hear of 443 Springfield Street, Agawam, MA
Assessor's.Parcel No. H14 105
Legal Description: See Attached.
Respectfully submitted this day of March 2007, by V& F Realty Partnership,
by Frank V Palange, its General Partner.
FRANK V. PALARGE, General Partner
Attome _fbr Petition
Dennis_P. Powers
Katz, Argenio& Powers,P.C.
13 80 Main Street, Suite 30
Springfield,MA 01103
413) 737-5996
(413) 781-3780(fax)
Le
sal ►e cr�i tion- #443 rin ld Feedin Hills Ma. - P 1 for PM se
Zone Change
Beginning at a paint at the northeasterly comer of the parcel herein described, which
point is located South 7'0 "East two hundred one and 43/100 201.43 feet from the
northwesterly corner of land of Grimaldi on the southerly line of said Springfield Street-,
thence running,
South 29%7'00"East along land ofRoux, one hundred eighty and 3`0/100
(180.30)feet to a point on the northerly line of Royal Lane;
thence running
South 80°15'30" West along Royal Dane, one hundred ten and 54/100
(110.54) feet to an angle in said lane;thence running
South 73013'1 " "West along Royal lane, forty-six and 15/100 4&1 feet to a
point; thence running
North 2S�37'13"West along land of Conte, one hundred fourteen and 63 100
(114.63)feet to a point;thence running
North 53�33'00"East along a line parallel with the southerly line of Springfield
Street and 200.00 feet distant therefrarn, one hundred fifty
and 00/100 (150.00)feet to the point of beginning:
Containing 21,629 square feet of land. Subject to easements of record..
Le nl De tion rin field Street Feed n Hills M , - kubjec
Beginning at an iron pipe at the northeasterly corner ofthe parcel herein described, can the
southerly line of said Springfield Street;thence running
South 2700 t along lands of Gfimaldi and Roux,three hundred
eighty-one and 73/100(381.73)feet to a point on the
northerly line of Royal Lane; thence running
South W15'30" West along Royal Lane, one hundred ten and 4/100
(110.54)feet to an angle in said lane; thence running
South 73°l 3'l 3" West along Royal Lane, forty-six and 1 /100 (46.15)feet to a
point;thence running
North 2903711311 West along lands of Conte and Drewnowski, three hundred
sixteen and 06/100 (316.06)feet to an iron pipe on the
southerly line of Springfield Street; thence running
North f3 '00" East along the southerly line of said s r one hundred-fifty
and 00/100 (150.00)feet to the iron pipe at the paint
of beginning.
Containing 51,629 square feet of land, Subject to easements ofrecord.
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Number of Pages.Iueltrdrig Cover Sheet:
COMMENTS.-
IL trallsrrl issions:ar solely for In tilt icipal purposes. Atiy persaital or politiccii'rrse p)-oh"tiled by ia►w.
Town of Agawam
#� 0401
36 Mahn Street Agawam,Massachusetts 01001-1837
Tel. 413- 6-0 0 Fax413-786-9927
MEMO
TO: AGAWAM PLANNING BOARD
FROM DEBORAH S. DACHOS, DIRECTO
OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT
SUBJECT one Change® V& F Realty Partnership - Rear of 443 Springfield Street
DATE:
Can March 27, 2007, the Town received a request for a zone change for a parcel containing 21,629
sq.ft. of land located at the rear of443 Springfield Street from Agriculture to Business A. The
property is located on the south side of Springfield Street between Sheri Lane and Royal Zane.
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 is also attached:
Land Use and L' ping
As stated above, the property for which the zone change is being requested is currently zoned:
Agricultural. It is owned by V & E Realty Partnership., Together with a parcel fronting on
Springfield Street the site encompasses 1.19`acres and is occupied by V& F Auto. A copy of the
zoning map for this area has been attached.
The property is located in a mixed use area. To the west is a single-family residential building and
vacant'land. To the south is a multi-family building and a single-family dwelling. To the cast is,
commercial/residential building and a single family dwelling.. Across Springfield Street is a car lot
owned by the same party. A WMECO easement runs diagonally through the area for which the zone
change is being requested. This restricts future building on the property to immediately behind the
existing structure and at the far rear of the property.
Under the present Agricultural District the following uses are allowed: ( Please refer to 15 - 7 of
the Zoning Ordinance which is attached.`
Any use permitted in a,Residence A-1 District or A-2 District.
Farms, daises,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 good lots by portable woodworking mills and machinery for
processing wood cut on the premises, if approved by the Board of Appeals.
+1 Airports and landing strips and, buildings or structures necessary thereto, if located west of
Suffield Street:
If the zoning is changed from Agriculture to Business A., the following uses would be allowed:
(please refer to § 18044 of the Zoning Ordinance which is attached):
+ Any use permitted in a Residence or an Agricultural District.
+t The major use of a building or structure in this district shall be to store and display goads 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.
A One-story public garages for storage or repair of not more than 50 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, fawn
machinery; school buses and ambulances is permitted. An underground tank of not more
than 1,000 gallons" capacity for drain oil is permitted..
+ 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 lubritorum 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
tilling 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.
+l Open-air transient parking, after a public hearing by the Board of Appeals:
♦ Cabins, if licensed under MGM C. 140, § 32A to 32E, inclusive.
Ellvironmental,..Consideration
s
There are no wetlands resources or other areas of environmental concern on the property.
()Ihgr Considgrgtiqns
As mentioned earlier,the area of the,proposed zone change is a mixed-use area. The uses include;
single family dwellings, multi-family dwellings, and other commercial uses. When Springfield
Street was zoned in the 1950's a commercial strip of 200' was adopted. This has encouraged and
resulted in strip development along the entire corridor. Residential development is found along the
back side of this strip with little or no buffer between the uses. This has sometimes resulted in
conflicts between residential and business owners.
The V & F property is deep with the building located at the edge of the commercial area and parking
found in the front of the building. The business can not expand on the site without eliminating
parking which is critical to the business. A small triangle of land between the building and the
WMECO easement is the only location an addition could be placed.
With proper planning and careful buffering,the remainder of the site could be used with little or no
impacts to the abutting properties.
PARCEL MAPS
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§ 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.
A
ARTICLE V11
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.
1 The processing of forests and wood 'lots by portable woodworking rnills and machinery
for processing wood cut on the prernises, 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. "eight regulations.
B,pildings 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 stale 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 linc.
All other buildings of whatever description shall be at least 100 feet from the street line.
180:28 05- 15-2006
M
4,;
§ 180-40 ZONING § 180-43
1801-40. Yards.
A. Side yards. There shall be 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
director 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 distirict 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 oil a street or
an area of less than 20,000 square feet.
180-42. Lot coverage.
There shall be no lot coverage regulations in this district.
§ 180-43. Special use requirements.
A. Landscaped administrative offices, laboratories devoted to research, design or
experimentation and processi' nd processing a 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 misonry block and cinder block
wills with struck joints will be permitted for rear and side walls of buildings, Brick
masonry exterior walls, curtain wails of decorated colored aluminum, enameled colored
steel, stainless steel walls and glass walls are permitted for exterior uses. If the front yard
is on an interior lot line, 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 as rninurnifil
of 10 acres, must have a one-hundred-foot front yard and fifty-foot yards along all other
lot lines and must provide off-street parking for employees and visitors. Not over 25% of
the land shall be used for building purposes.
180:29 05- 15-2W
guru�■
180-43 AGAWAM5CODE § 180-44 t
l
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 at minimum of 75 acres.
B. 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 pert-nit be grunted, unless
and until the finished structure conforms to the drawing submitted.
F. Not more than one motor vehicle per 5,000 square feet of lot up to a limit of 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 VIII
Business A Districts
',180-44„ Permitted rases.
In ;any Business A District,as indicated on the Building Zone Map, no building or other
structure shalt 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 goons
for sale at retail on the premises or to furnish a service intended for residents of the
immediate vicinity. Banks, hotels, dining establishments, malls 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.
Di 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
B. 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 lubritoriurn for not more than three motor vehicles shall b
permitted. Only minor repairing of motor vehicles is permitted. [Amended 12- - 002 by
TR-2002- 1
(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: B 05- IS-2006
§ 18OA4 ZONING § 180A6
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.
F. Open-air transient parking, after a public hearing by the Board of Appeals,
G. Cabins, if licensed Linder MGL C. 140, § 32A to 32E, inclusivg,
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 less than 50 parking spaces be
provided on site. [Added 3-21.1994 by TOR-94-1; amended 3-8-2000 by 7"OR-2000-11
(1) The parking or loading requirements set forth in this subsection may be reduced as
part of the special' pert-nit 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 as 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
red (i.e., the sum of the parking spaces
required for the separate used individually) and the parking spaces provided. The
parking/site plan -,hall 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
Appeals reduce the parking or loading requirement below 30 spaces.
1. Drive-through service windows utilizxd by any.business shall require a special permit
from tile Board of Appeals in conformance with § 180-11. [Added 9-20-1997 by
TOR-97-81 ' I
J. No more than four automatic amusement devices duty licensed in accordance with § 75-1
of the Code of the Town of Agawam. tAdded 9-7-2004 by TOR-2004-51
§ 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
bulk-heads 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.
§ 180-46. Setbacks; yards; loading areas.
A. Setbacks shall be at least 35 feet.
180:31 tax is.2titi
§ 18OA6 AGA'itv''AM CODE § 18048
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 i°"
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 moray. Loading and
unloading platforms and doorways especially designed for loading and unloading goods
are prohibited on the front of any building. ,q
E. A building devoted in whole or in part to residence, or other purposes permitted in
.t3
180A4A shall comply with the requirements prescribed for, Residence 13 Districts. F
[Amended 4-7-1986 by TOR-86-6]
.1.
§ 180-47. Lot coverage.
A. No business building shall be erected or altered somas 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 rather 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 10 feet of frontage on a street,
C. Not more than one unregistered motor vehicle shall be allowed on any parcel of hand
ti.
used as a gasoline Alin station„ provided, however, that an such gasoline filling station ` a.
g' g P Y g" g �"�
having, an automobile dealers permit shall be governed by the provisions of such permit.. l.r
ARTICLE, I
Business B District
x§ 180-48. Permitted uses.
In any Business B District as indicated on the Building Zone Map, no building; or other f
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 Districts, ;
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.
y«
C. In any'Bu iness B 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. �';;
Proposed Zane Change ub lssion by Applicant
s`
N
Tz,ARGENIO & POWERS, P.C. A
ATTORNEYS AT LAW ?-, � �
M` W A °r
bukv!
13801lhti J15wLlr J. AdE 302
SPRINGFIELD,MASSACHUSETTS'0110
JERRY P.KATZ WWKA Z RCrEN1 ANI POWERS.CO
52 COUEtT STREET-
THOMAS E.ARGENIO WESTFIELD,MA MOSS
DENNIS P.RO'WTRS TEL(413)737-5 6 TEL(413)562-0915
FAX(413)781-378
Please reply to Springfield
March 2 7, 2007
HAND DEI IVE D r
Nicholas Urbinati,Building Inspector
GX =
Town of Agawam "' cn
1000 Suffield Street
Agawam,MA. 01001
Petition for:Zone Charge—V &F Realty Partnership Ln
Lear of443 Springfield Street, Agawam, MA
Dear Mr. Ur ini t)
Enclosed please find the following in the above captioned matter.
r Original Petition for Zone Change with plan of land showing parcel for
which zone change is sought
thirty-eight( 8) copies of petition and plan of land showing parcel for
which zone change is sought; and
a chock in the amount of five hundred ($ 0.00) dollars payable to the
Town of A awam to cover the filing and advertising fees for said petition.
Please send a copy of all public hearing notices and transmittal memor b me
at the above address. Thank you and please call with que ti:ons.
Vy t y yo s,,
Dennis P. Powers
PETITION FOR ZONE CHANGE
WHEREAS,V&F Realty Partnership, is a Massachusetts partnership and owns
property located at 443 Springfield Street, Agawam, MA,which it acquired from Vincent
L. Pal`ange, et al, which is recorded in the Hampden County Registry of Deeds, Book
7413, Page 552 (hereinafter"V& F property")
WHEREAS, a portion of the property lies within Business A Zone and a portion
of the property lies within Agricultural Zone;
WHEREAS,V &F wishes to expand its existing building in Business Zone A
into that portion of the property which is zoned Agricultural;
WHEREAS, said zone change can be accomplished without any detriment to the
abutters'or to the surrounding neighborhood and will benefits your petitioner, V &F and
is in the best interests of the Town;
NOW THEREFORE,V & F'Realty Partnership respectfully petitions the
Agawam Town Council to amend the zoning map to change the rear portion of V& Fs
property from Agricultural zone io Business A zone.
Property Name; Rear of 443 Springfield Street, Agawam,MA,
Assessor's Parcel No. H14 105
Legal Description: See Attached.
Respectfully submitted this day of March 2007, by V& F Realty Partnership,
by Frank V. Palange, its General Partner.
FRANK V.;PALANGE, General Partner`
Attorney for Petition
Dennis P. Powers
Katz, Argenio & Powers, P.C.
1380 Main Street, Suite 302
Springfield,MA 01103
(413) 737-5996
(413) 781-3780 (fax)
dpowers@katzargenioandpowers.com
Legal Description -#443 Springfield Street Leeding Hills, Ma. Parol,for Pro se'
Zone Chang
Beginning at a point at the northeasterly comer of the parcel herein described, which
point is located South 29tT01YEast two hundred one and 43/100(201.43)feet from the
northwesterly comer of land of Grimaldi on the southerly line of said Springfield Street;
thence running
South 2S`37'00" East along land of Roux, one hundred eighty and 3 0/100
(180.30)feet to a point on the northerly line of Royal Lane;
thence running
South 80°15'30" West along Royal Lane, one hundred ten and 541100
(110.54) feet to an angle in said lane, thence running
South 73 0 13'13" West along Royal Lane, forty-six and 15/100 (46.15) feet to a
point; thence running
North 29P37'13" West along land of Conte, one hundred fourteen and 63/10 0
(114.63) feet to a point; thence running
North 5 303 3 1 00" East along a line parallel with the southerly line of Springfield
Street and 200-00 feet distant therefrom, one hundred fifty
and 00f 100 (150.00)feet to the point of beginning,
Containing 21,629 square feet of land. Subject to easements of record.
r
Legal Description-#443 Springfield Street,Feeding Hills, Ma; _ Subject ProQerty
Beginning at an iron pipe at the northeasterly comer of the parcel herein described, on the
southerly line of said Springfield Street; thence running
South 29 37'00" East along lands of Grimaldi and Roux, three hundred
eighty-one and 73/100 (381,73) feet to a point on the
northerly line of Royal Lane; thence running
South Wl 5'30" West along Royal Lane, one hundred ten and 541100
(110.54) feet to an angle in said lane; thence running
South 73°13'13"West along Royal Lane, forty-six and 15/100(46.15)feet to a
point; thence running
North 29�37'13" West along lands of Conte and Drewnowski, three hundred
sixteen and 06/100(316.06)feet to an iron pipe on the
southerly line of Springfield Street; thence running
North M3'00"East along the southerly line of said street, one hundred fifty
and 001100 (150.00)feet to the iron pipe at the point
of beginning.
Containing 5'1,629 square feet of land. Subject to easements of record.
Tax Card Information
Unofficial Property Record Card page 1 of l
Unofficial ProeeU Record Card - Agawam, IVY .
General Property Data
Parcel ID H1410 S Account Number
Prior Parcel ID 6810--
Property owner V+F REALTY PARTNERSHIP Property Location 443 SPRINGFIELD ST
PALANGE VIN.-ANNA FRANK SHELA Property Use AUTGREP
Mailing Address 443 SPRINGFIELD ST Most Recent Sale Crate 312111990
Legal Reference 7413 559'
City FEEDING MILLS Grantor PALANGE
Malting State MA zip 01030 Salo Price 0
Parceloning AG Land Area 1,10 acres
Current Property Assessment
Card 1 Value Land Value 163,100 Building Value 305,800" Total Value 473,900
Building Description
Building Style REPAIR GAR Foundation Type SLAB Flooring Type CONCRETE
#of Living units 1 Frame Type STEEL Basement Floor NIA
Year Built 1988 Roof Structure GABLE; Heating Type FORCED H1A
Building Grade AVERAGE Roof Cover METAL Heating Fuel GAS'
Building Condition Good Siding CORREG STL Air Conditioning 2 %
Finished Area(SF)676 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 lather Fixtures 1
Legal Description
Narrative Description of Property
This property contains 1.190 acres of land mainly classified as AUTOREP with a(n)REPAIR CHAR style building,built about;1988,having CQRREG
STL exterior and METAL roof cover,with 1 unigs),0 room(s);0"bedroom(s),0 bath(s),2 pelf bath(s).
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