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8465_FORM A FAIRVIEW AVE AGAREST LLC L L.C To Agawam Planning Board Please be advised that the Form A plan that was filed by Agarest LLC and approved by the Agawam Planning Board for a parcel of land located on Fairview Avenue has been recorded at the Hampden County Registry of Dee�Book 344 , Page 64 Signature of Applicant 1 y,I 3-- 74(7-,1773 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 y QED MP ` Tel. 413-786-0400 Fax 413-786-9927 December 7, 2006 Agarest LLC 135 Cooper Stret keawarn MA 01001 To Whom It May Concern: At its duly called meeting held on December 7,2006,the Agawam planning Board voted to approve your plans raider"Subdivision Control Law Not Required".for a parcel of land located on Fairview Avenue. Plans drawn by D.L. Bean, Inc. and dated 11-30-04. Sincerely, AGAM PL.. 3G B r Please be advised thatfailure to record the plan within six (6) months and provide proof of. recording will negate the action of the Board Detach on dotted line and return to the Agawam Planning Board, 36 Main Street,Agawam,MA 011001. MEMO TO: Building Inspector&Engineering Department FROM: Planning Board SUBJECT: Form A - Meadow Street- Calabrese Form A- Fairview Avenue- Agarest LLC DATE: December 4, 2006 Please review and comment on the two attached Form A `s prior to the Board's December 7th meeting,if possible. Thank you. DSD:prk COMMONWEALTH OFMASSACHUSETTS TRIAL COURT OF THE COMMONWEALTH HAMPDEN,SS. SUPERIOR COURT DEPARTMENT CIVIL ACTIONNO.: CV2005-00642 A AGARE,S`T,L.L.C. _ ) d/b/a The Federal Bar and Restaurant ) Plaintiff ) AGREEMENT FOR JUDGMENT FOR THE PLAINTIFF V. ) JOSEPH CONTE ) DOREEN PRO UTY ) And GARYSUFFRITI ) As they Constitute the Agawam } Zoning Board of Appeals ) Defendants ) } Plaintiffs, Agarest L.L.C. and Defendants, Joseph Conte et al.,through their counsel of record, agree to judgment for the Plaintiff in this matter as follows: 1. Issuance by the Defendant Zoning Board of Appeals of a Special Permit as contemplated by the Town Zoning Bylaw allowing Applicant's petition to segregate the property shown as Lot 1 (hereinafter"Lot 1")on the plan submitted in this matter and designated as Exhibit 3 to Plaintiffs Motion for Summary Judgment, subject to the following conditions and limitations: 1. Defendant shall agree not to seek further Special Permits or other zoning relief allowing the further division of the property shown as "Remaining Land of Agarest, L.L.C." (hereinafter"Remaining Land") on the said Exhibit during the tenure of ownership of the said Remaining Land by the Plaintiffs. 2. PIaintiffs shall relocate the "proposed arborvitae row[s]" shown on the said plan as to be installed on Lot 1 to locations just over the property lines to the northwest and northeast so as to be located upon the said Remaining Land. f 7 3. Plaintiffs shall install a similar arborvitae row along the southwesterly property lines of both Lot 1 and the Remaining Land. a 4. All arborvitae rows to be installed shall consist of arborvitae or a species of similar size and density of foliage at least 4 feet in height at the time of planting and which shall be spaced no more than 4 feet apart on center. The only exception to this requiremenfi being the authority of Plaintiff to install the said arborvitae at a greater or lesser distance on center along that portion of the Remaining Land which abuts land shown as "Land N/F C. &M. Andros," as it is the purpose of the planting in that area to shield the said Andros property from the shining of vehicle headlights entering and exiting the Remaining Land. Plaintiff may synthesize the arborvitae row with the existing landscaping in that area to achieve the stated purpose. 5. Plaintiff shall maintain all plantings until and unless Lot 1 is conveyed to a third party, at which time Plaintiff s responsibility to maintain the plantings on Lot I only shall cease and the responsibility shall continue as to the Remaining Land. THE PLAINTIFF, 7 AGAREST, LLC i By: Simon enti sq.,BBO 9550077 O'CO LL HERTY&ATTMORE, LLC 135 ain Street Springfield, MA 01103 (413) 747-1773 -phone (413) 746-1529- fax �K' Y Y THE DEFENDANTS JOSEPH CONTE, DOREEN PROUTY And GARY SUFFRITI as they constitute THE AGAWAM Z NING BOARD OF APf W5 By: �' incent Gioscia,BBO# 655 $3 AGAWAM LAW DEPARTMENT 36 Main Street Agawam, MA 01001 (413) 786-0400 (phone) (413) 786-9927(fax) Dated: July 5, 2006 Date, 7 21412UM To the Department Officer making the Payment: Received of Simon Brighenti as Listed Above 36.00 the sum of thirty-five and 00100 35.00 Dollars for the Form A Filing Fee ending 1214/2006 for collections as per schedule of this date,filed in my office. TreasuZ&41� Town of Agawam - 1. ° 36 Nfain Street Agawam, Massachusetts 01001-1.837 Mp. Te). 41.3-786-0400 Fax 413-786-9927 FORM A Application for Endorsement of Pl n Not Believed to Requirg Apprgyal FINE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Agawam, MA ?-12 2041L TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within the meaning of the Subdivision Control Law, herewith submits said plan for a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Applicant A6i9k1`r' L�C� _ Address s-- !? f 2. Name of Surveyor L. ,g y Address ¢4 f-r14xL Gy j h 3. Deed of Property Recorded in fmwley Boob page 447 a b� — V --ram c7 4. Location of Property j2,!"Gp�P�� 5. Describe the proposal in this submission: . }ce&� `Iev � ^r �-� �►?� y R l �i�`� � Is�d.�/����' GDP` c� r'T c t i oic- iV �`mr fJTn �T �-- ATTACHMENTS - Two originals and three copies of plan by certified land surveyor. Filing F e - 35.00. Signature of Owner Address _-rl,"ay GN N ✓ , �' 12/06/2006 09:39 FAX 4138210631 16 0011002 A TOWN OF AGAWAM ,,, Department of. Public Works "' 36 Main Street • Agawam MA 01001 y� Tel (413) 786-0400 • Fax (413) 786-9927 tllp John P. Stone —Superintendent MEMORANDUM To: Planning Board From: Engineering. M. Building, File Date: December 6, 2006 Subject: Form A 291 - Fairview Avenue-Agarest LLC Per your request dated December 4, 2006, we have reviewed the plan entitled, "Division of Property, Agawam, Massachusetts; For: Agarest LLC, 135 Cooper Street, Agawam IVA. By: D.L. Bean, inc_; Date. 11-30-06; Scale_ 1"=40'."We have no comment at this time. If you have any comments or questions, please do not hesitate to contact Engineering. Sincerely, Rick S. Seidnher Michael C. Chase, ELT. Civil Engineer I Interim Town Engineer &%FORIYU41291 Felrview Avenue-Agerest LLClmemo 1.dac f t ' i l �'fi e�1 /�R� 2���viti y-d Ste'r•i.s.�f 7 eel o( o w i/Z v iE GcJ S 7;Cee7 . • y ,T"?ex-i /col/Na Of �f�.�dl�il� l��hG� - �L/c�.�/1//✓�l�lu �' C'4.C.r�.�d G ��� •lJdr ,�G��U/.�G�� �/l//S/D� d� ,/�.�D��/2,�''y a MAliC' � /..35 �oarp�2 S�2 Ear 39 /f dv,4� . Aoo" l• �� p� ate - _TCERTIFY THAT I HAVE CONFORMED $ DATE: SCALE: ��r�•• _ - I l_,_ , ., o WITH THE RULES & REGULATIONS OF THE REGISTER OF DEEDS suir f� 0'•�'� CHECKED: /if Le'. ,S IN PREPA THIS P PLAN NO. SHEET NO. .t L . BEAN, INC. _ SURVEYORS & 40 SCHOOL STREET ENGINEERS WESTFIELD, MASSACHUSETTS LITHO 1N USA NE 13LUEPRtNT 087233 Town of Agawam 1 4/j Nf 36 Main Street Agawam, Massachusetts 01001-1837 s Py` Tel. 413-786-0400 Fax 413-786-9927 December 7, 2006 a 2a[. Agarest LLCx 135 Cooper Stret JIN- Agawam, MA 01001 C*")T © C~ Cry �. To Whom It May Concern: At its duly called meeting held on December 7, 2006, the Agawarii Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Fairview Avenue. Plans drawn by D.L. Bean, Inc. and dated 11-30-04. Sincerely, AGA.WAM PLA LNG B RD Please be advised that failure to record the plan within six(6) months and provide proof of. recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by Agarest LLC and approved by the Agawam Planning Board for a parcel of land located on Fairview Avenue has been recorded at the Hampden County Registry of Deeds. Book ,Page Signature of Applicant