8346_SITE PLAN - AGAREST LLC - THE FEDERAL - 135 COOPER ST. g3y �
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TOWN OFAGAWAM
36 MAIN STREET
- AGAWAM, MA 01001
M•
CISION OF BOARD OF APPEALS
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Petition of: Agarest, LLC, d/b/a/The Federal Restaurant and Bar
Premises affected: 135 Cooper Street
Date: April 25, 2005
Case#: 1734
The Agawam Board of Appeals conducted several public hearings prior to holding a public
meeting on April 25, 2005, at the Library Conference Room, Agawam Public Library, 750
Cooper Street, Agawam, MA, for all parties interested in the appeal of Agarest, LLC, dlb/al The
Federal Restaurant and Bar, which is seeking a Special Permit in accordance with Section 180-7
(B2) of the Zoning Ordinances to allow for the division of a non-conforming lot in order to create
a residential lot(Lot#1) at the premises identified as 135 Cooper Street.
After the public hearings, and after a thorough review of the facts presented, the Agawam Board
of Appeals made the following findings:
1. The subject property is located in an area of Town zoned Residential A-2.
2. The subject property has been in use as a restaurant since at least 1936.
3. The petitioner wishes to subdivide the subject property in order to create a separate
residential lot.
4. The non-conforming use of the remaining land as a restaurant will not change.
5. Section 180-7 (132) states that"...land...being put to a non-conforming use may be altered
or enlarged in that use, but only after the granting of a permit thereof by the Board of,M
Appeals".
6. Massachusetts General Laws, Chapter 40A, Section 6 allows for a pre-existing use to be
extended or altered if the special permit granting authority finds that such change,
extension or alteration shall not be substantially more detrimental than the existing non-
conforming use to the neighborhood.
7. An area resident spoke in favor of this petition at the public hearing.
8. There was no opposition expressed at the public hearing nor received in writing by this
Board.
Member Conte and Suffriti feel the granting of this permit would be detrimental to the area and
reduce the historical standing of the beautiful and majestic club. It would reduce the open space
surrounding the restaurant by some eighteen percent(18%).
Presently the restaurant is located approximately 190 feet from residentially used property along
Fairview Avenue. This petition will bring the restaurant 130 feet closer to residentially used
property. That would be a reduction in this buffer area of 68%. The present distance of,190 feet
Page 2
Agarest, LLC, dlb/a The Federal Restaurant and Bar
Case#1734
to the neighbor, can clearly hear the kitchen activities, including conversations between the
employees. By creating this new lot, you are reducing the lot area and bringing the business 130
feet closer to residentially used property. This in itself, does not appear to upgrade a non-
conforming use, which is located in residential zone A 1 property, which is,the most restricted
residential zone in the City of Agawam.
The present requested area now contains storage, surplus clippings, small garden area, and
dumpster location. The above items are screened by natural growth of large trees. If this area of
17,00 square feet is deleted from the clubs present area, than the use would have to be relocated
on the balance of the present deduced premises. C
v,
We must also consider the previous Special Permits that were granted. Would they have been
granted if it were known a residential building would be built 130 feet closer to the non-
conforming use. The permits include two additions to the main building, and an off street y
parking area. The reduction of the yard area by 17,000 square feet, and the creation of this n e,4 ? T
building lot, certainly would of had some effect on the three previous permits. This parcel ofco co'
land containing the Federal Club is historically listed in the Town as a"historical site"
a
Considering all the above, it is the opinion of members Conte and Suffriti that granting of this
request would have a harmful effect on the non-conforming business, and on the neighborhood in
general.
Member Prouty is in favor of granting the requested special permit. Her decision is based on the
following facts. Both Massachusetts General Laws, Chapter 40A, Section 6 and Section 180-7
(132) of the Town of Agawam's Zoning Ordinances allows for the expansion or alteration of a
non-conforming use. An expansion of the non-conforming use of the existing restaurant will be
created by the subdivision of the subject property. The remaining land will continue in its non-
conforming use as a restaurant, and will continue to meet all other zoning requirements. The
newly created residential lot will meet all zoning requirements, including use. No evidence was
presented, nor was any opposition expressed by the area residents, that the requested extension or
alteration would be substantially more detrimental than the existing non-conforming use to the
neighborhood. As such, it is member Prouty's opinion that the petitioner's request to subdivide
the subject property, which is being put to a non-conforming use has met the criteria as set forth
by Massachusetts General Laws, Chapter 40A and Section 180-7 (B2) of the Town of Agawam's
Zoning Ordinances.
Therefore by a vote of 2 against(members Conte and Suffriti) and 1 in favor(member Prouty),
the Agawam Zoning Board of Appeals denies the petitioner's request for the division of a non-
conforming lot in order to create a residential lot.
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Tel. 413-786-0400 Fax 413-786-9927
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April 6, 2005 C"
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Attorney Simon J. Brighenti, Jr. m
Agarest, LLC P
O'Connell Flaherty& Attmore
1350 Main Street
Springfield, MA 01103
Dear Attorney Brighenti:
At its duly called meeting held on March 31, 2005, the Agawam Planning Board voted to return the
plan entitled "Site Plan, 135 Cooper Street, Agawam, Massachusetts" prepared by D. L. Bean, Inc.
and dated March 11, 2005 to you until it is prepared in conformance with Site Plan requirements as
described in §180-13 of the Agawam Zoning Ordinance. The deficiencies in this Site Plan are also
enumerated in the attached memo from the Agawam Engineering Division dated March 17, 2005.
When the plan is complete, the Planning Board will review the plan and take appropriate action. If
you have any questions,please do not hesitate to contact the Planning Office at 786-0400, extension
283.
Sincerely,
Travis Ward, Acting Chairman
Agawam Planning Board
cc: Clerk
Board of Appeals
Building
File
i of
Toff- oF 74 GA wA- �� 9
ti
INTER—OFFICE
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• �'p '� tit
RATED Mpy
-MEMORANDUM
To: Planning Board
CC: D.L. Bean Inc.,File
From: Engineering Division
Date: March 17, 2005
Subject: Site Plan-The Federal - 135 Cooper Street - SP 456 .
Per your request dated March 17, 2005,we have reviewed the Site Plan entitled, " Agarest Inc.,LLC, 135
Cooper St., Agawam, MA; Prepared for: Agarest , LLC; Prepared by: D.L. Bean Inc., 40 School.St.,
Westfield, MA, Dated: 3-11-05; Scale 1"=20', and I have the following comments:
1. The plan should show and label all relevant details of the parking area including drive aisle widths,'curb
cut widths, driveway dimensions, parking stall layouts including dimensions, existing and proposed
pavement markings, handicapped parking facilities, handicapped ramp/entrance facilities. Tf existing
handicapped access does not meet A.A.B. requirements, new access must be proposed. Any one-way
driveway must be signed as such at a minimum. One-way pavement markings may be required also.
2. The plan should show the gravel parking area adjacent to the paved-area. The current plan shows that
area as all grass.
3. An analysis of compliance with the parking guidelines should be completed. Information on the seating
area of the building should be noted. If compliance with the parking guidelines requires an increase in
impervious area,a stormwater permit from DPW will be required.
Si rely,
/G, ganne J. oym , P.E.
T n Engin er
SASM456 the federallSP review-0 1AVPD
0-
D. L. BEAT , INC. LAND CONSULTANTS
413-562-7566
Forty School Street Fax # 413-562-2091 SURVEYORS
Westfield, Mass. 01085 ENGINEERS
March 31, 2005
Planning Board
Town of Agawam
36 Main Street
Agawam, MA 01001
RE: Cooper Street - Agarest, LLC.
Dear Board Members:
On behalf of my client, Agarest, LLC. we are requesting an extension of time on
the above referenced project until the next scheduled Planning Board meeting.
jn, Inc.
Shute, Sr. V. President
MES/ssc
TowNoFAGAwAm
INTER--OFFICE
y
ro��R�D�Ay�1
MEMORANDUM
To: Planning Board
CC: D.L. Bean Inc.,File
From: Engineering Division
Date: March 17, 2005
Subject: Site Plan -The Federal - 135 Cooper Street- SP 456
Per your request dated March 17, 2005, we have reviewed the Site Plan entitled, " Agarest Inc.,LLC, 135
Cooper St., Agawam, MA; Prepared for: Agarest , LLC; Prepared by: D.L. Bean Inc., 40 School St.,
Westfield, MA, Dated: 3-11-05; Scale 1"=20',and I have the following comments:
1. The plan should show and label all relevant details of the parking area including drive aisle widths, curb
cut widths, driveway dimensions, parking stall layouts including dimensions, existing and proposed
pavement markings, handicapped parking facilities, handicapped ramp/entrance facilities. If existing
handicapped access does not meet A.A.B. requirements, new access must be proposed. Any one-way
driveway must be signed as such at a minimum. One-way pavement markings may be required also.
2. The plan should show the gravel parking area adjacent to the paved area. The current plan shows that
area as all grass.
3. An analysis of compliance with the parking guidelines should be completed. Information on the seating
area of the building should be noted. If compliance with the parking guidelines requires an increase in
impervious area, a stormwater permit from DPW will be required.
Si rely,
,
RECEIVED
Grin
oyrn
P.E.
T g MAR 1 8 1 0G5Enin
SASFA56 the federaMP review 01.WPD PLANNINGMARD
MEMO
TO: Engineering Department
FROM: Planning Board
SUBJECT: Revised Site Plan - The Federal - Cooper Street
DATE: March 16, 2005
Please review and comment on the attached revised Site Plan for The Federal prior to the Board's
March 17`h meeting.
Thank you.
DSD:pre
MEMO
TO: Board of Appeals
FROM: Planning Board
SUBJECT: Site Plan - Cirillo - Main Street
Site Plan - The Federal - Cooper Street
DATE: March 23, 2005
The Planning Board asks that the Board of Appeals take no action on the Cirillo application or
The Federal application until Site Plans have been approved by the Planning Board. Both Site
Plans will appear on the Planning Board's March 3 1" agenda.
Thank you.
DBH/DSD:pre
Town of awam
y
y 36 Main Street Agawam, Massachusetts 01001-1837
Tel, 413-786-0400 Fax 413-786-9927
ATEO
MEMO
TO: Board of Appeals
FROM: Planning Board
SUBJECT: The Federal - Cooper Street
DATE: February 24, 2005
The Planning Board asks that the Zoning Board of Appeals table action'on this.application until a
Site Plan has been submitted for the Planning Board's.review and approval. The plan that was
submitted to the Board was the Form A showing the creation of a building lot on Fairview Street
which-does not satisfy Site Plan requirements.
If you have any questions, please contact the Planning Department.
DBHIDSD:pre
MEMO
To: Planning Board
From: Sgt. R. NILES, Safety Officer
Subject: site Plan- Agarest LLC - The Federal - 135 Cooper Street
Date: 02/08/2005
The proposed "Lot #V is located on Fairview Street. Fairview Street. is a two way residential
roadway. There are presently 23 homes located on Fairview Street. Traffic flow on Fairview
Street is light.
Based upon information provided, a single family home located on "Lot#1" would have little
impact on pedestrian and or motor vehicle traffic safety.
Respectfully Submitted
#I . AA
S;��
rd NILES
Safety Officer, Agawam Police Department
Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837
ACE
MP`� Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Engineering Dept., Safety Officer, F Dept.
FROM: Planning Board
SUBJECT: Site Plan - Agarest LLC - The Federal - 135 Cooper Street
DATE: January 31, 2005
Please review and comment on the attached Site Plan for Agarest LLC = The Federal, 135 Cooper
Street prior to the Board's February 17"'meeting.
Thank you.
cc: Board of Appeals FEB 02
Vu
"V K
61i chael R. 14e r'cadante
t,i re Inspector
-am Fire Dep it�er_��
MEMO
TO: Engineering Dept., Safety Officer, Fire Dept.
FROM: Planning Board
SUBJECT: Site Plan - Agarest LLC - The Federal - 135 Cooper Street
DATE: January 31, 2005
Please review and comment on the attached Site Plan for Agarest LLC - The Federal, 135 Cooper
Street prior to the Board's February 17`h meeting,
Thank you.
DSD:pre
cc: Board of Appeals
TOWN OF AGA WAM
�O 93 3.6 MAIN STREET
AGAW",, MA 01001
,i,
BOARD OF APPEALS
�R 0 MP
MEMO
DATE: January 31, 2005
TO: Planning Board
FROM: Board of Appeals
RE: Site flans for: Agarest,LLC d/b/a the Federal Bar and Restaurant
135 Cooper Street
Attached please find 10 copies of the site plan for the above referenced property. These plans are
for your review and comments, and any recommendations you may have so we can consider
these recommendations and comments in our final decision. If you do not respond to this
Board within thirty-five (35) days of the above referenced date, we will assume that you
have no objections.
air
a i% `d
AGAWAM PLANNING BOARD
Form D
Application for Site Plan Approval
Please complete the following form and return 10 copies of the site plan to:
Agawam Building Department
36 Main Street
Agawam, MA 01101
1. Name of Business Aearest,LLC c to Simon J.Brighenti,Jr.,Esquire _
Address O'Connell Flaherty& Attmore 1350 Main Street, Springfield, MA 01103
Telephone (413) 237-1550 Fax (413) 746-1529
2. Name of Applicant/Owner A arest LLC Owner d/b/a the Federal Bar and Restaurant
Address: 135 Cooper Street A awam MA 01001
Telephone (413) 789-1267 _ Fax NIA
3. Name of Engineer/Architect D.L. Bean, Inc.
Address 40 School Street, Westfield,MA 01085_ _
Telephone (413) 562-7566 Fax NIA
4. Please give a brief description of the proposed project:
Applicant proposes to Create "Lot#1" as shown on the accompanying plan. "Lot#1" as shown complies
with dimensional and frontage requirements in the Residential A1_zone. Remaining_land of Applicant
contains adequate frontage and area to satisfy all applicable zoning requirements. Preexisting Use of
structure on remaining land as a restaurant will not change in any aspect. Existing traffic circula6gn and
a ing will not be affected. See accompanying material for further d
�A11 3 1
0 . 0
SUPPLEMENT TO APPLICATION
I. Introduction
Agarest, LLC dlbla The Federal Restaurant and Bar (the "Applicant")
respectfully submits this memorandum in support of its application seeking a
Special Permit pursuant to Section 180 Paragraph 7-B. (2) of the Zoning
Regulations of the Town of Agawam (the "By Law") to allow the creation of a
residential lot as shown on the plan accompanying this application. The Applicant is
a Massachusetts limited liability corporation which has been operating as The
Federal Restaurant and Bar at 135 Cooper Street for approximately two years. The
property at 135 Cooper Street lies within a Residence A Zoning District.
H. Procedural History
Applicant presented the accompanying plan to the Agawam Planning Board as
an "ANR" plan, i.e, a plan not requiring approval under the Massachusetts
Subdivision Control Law, in November of 2004. The applicable statutory time
period lapsed prior to consideration of the plan by the Planning Board. The plan
was thus deemed as accepted pursuant to Mass General Laws Ch. 41 §81P. During
concurrent discussions, the Agawam Building Inspector rendered a verbal opinion
that a Special Permit would be needed for the proposal pursuant to the By Law.
Therefore Applicant is presenting the accompanying material in pursuit of the
Special Permit.
II. The Existing Use
The Federal Restaurant and Bar is the current incarnation of the use of the
property at 135„ Cooper Street as a restaurant. Agawam business pioneer Samuel
Converse built the structure in 1862. The property was first used as a restaurant no
later than 1936 when the Moretti family began operating what was then known as
the Federal Hill Club. The Moretti family ran the restaurant for over fifty years.
Subsequent owners operated the restaurant continuously - albeit under different
names - until Agarest purchased the property in 2002 and established the Federal.
The Federal has been named by regional and local reviewers such as the
Hartford Courant, the Springfield Republican and the Phantom Gourmet as one of
the premier fine dining restaurants in the area. In addition to developing a top-
notch culinary reputation, the Applicant has expended considerable effort and
resources in maintaining and approving the appearance of the property itself. In
recognition of this effort, the restaurant received an unsolicited award from the
Mayor and the Town of Agawam Beautification Committee for landscaping and
appearance in August of 2002.
Supplement to Applrcatc*Site Plan Review
The Federal Restaurant and Bar
135 Cooper Street
Pa ego 2
III. Creation of the Residential Lot
Applicant is seeking permission to create a residential lot ("Lot 1") out of a
portion of the property that is not being used by the Applicant in connection with
the restaurant operation. The contemplated property division is shown on the plan
accompanying this application. Lot 1 fronts on the public way known as Fairview
Street and is presently mostly wooded and is unimproved with any structures. It has
never been used for any purpose throughout the 70-year history of the restaurant. It
is not needed for parking, as sufficient space exists for both quotidian and overflow
parking use on the remainder of the property. There is not and never has been
access 4o the property over Lot 1. Vehicular access to the property has always been
via Cooper and Federal Streets and will continue as such.
IV. Analysis
The use of the structure as a restaurant predates the enactment of the Agawam
zoning regulation by several decades. Due to this continuous use as a restaurant the
property qualifies as a preexisting non-conforming use pursuant to Section 180-7 of
the By'Law. Section 190-7 B. (2) allows for an alteration of"[a] building, structure
or land which at the time of the enactment of [the By Law] is being put to a non-
conforming use."
It must be stressed that the Applicant will not discontinue or alter the use of the
property as a restaurant in any manner. As discussed herein, the only change to
present conditions will be the creation of a residential lot out of a portion of the land
not being used in any manner in support of the restaurant.
Lot 1 meets or exceeds all dimensional and frontage requirements imposed in a
Residence A District.' Furthermore, the creation of Lot I will not bring the
remaining property into dimensional nonconformance in any aspect.
V. Conelasion
Applicant is seeking to segregate a building lot from its existing property. The
change in property configuration will not alter or affect the existing use of the
property. The lot division will result in a new parcel that conforms to the
applicable dimensional zoning requirements and will not increase the
nonconformity of the existing use or remaining property. Therefore, Applicant
submits that it is appropriate for this Board to grant the requested relief.
' Section 180-21 of the ByLaw requires frontage on a way of not less than 125 feet and total lot size of not less
than 17,000 square feet in the Residence A District.
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ASH ASH EXISTING
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41
EDGE OF WOODS HEMLOCKS AREA= i.77 ACRES
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PROPERTY SHOWN IS OWNED BY
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4J, AREA SEE H.C.R.D. BOOK 12202 PAGE 447
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28' PIN
186.26* . - 0' 20' 401 60'
NOTE; 3 i 8.81' FORSYTHIA
28' MAPLE
. ALL PLANTINGS MUST BE MAINTAINED AND THAT H SCALE IN FEET
PORTION OF THE PUBLIC WAY ABUTTING THE PARCEL ��
AND INCLUDING THE TREEBELT SHALL BE MAINTAINED IN LILAC
A SAFE AND ATTRACTIVE CONDITION BY THE OWNER OF
IFOC
THE PARCEL.." �jq f R V J Z O N E D: RA- 1 R 1 4 00�3
LEGEND FAIRVIEW STREET
' � ARC
SITE P
L.S. LANDSCAPED AREA (ROUND)
L.S. LANDSCAPED AREA 135 COOPER STREET
AREA H
�U.POLE 94/1 UTILITY POLE WITH NUMBER FOR: (OWNER)
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Exls-rlNc LIGHTS
AGAREST, LLC.
> '
VAR(' ',..r 135 COOPER STREET
« AGAWAM, MA.
r R
W DATE: SCALE: 1 "-20'
4yr; � 3-1 1 -2005 CHECKED: M.E.S.
T J D: SHEET
NO.
D . L . BEAN INC. SURVEYORS &
40 SCHOOL STREET ENGINEERS
WESTFIELD, MASSACHUSETTS
SIMON J. BRIGHENTI, JR.
ATTORNEY
O'CONNELL, FLAHERTY&ATTMORE, L.L.C.
ATTORNEYS AT LAW
1350 MAIN STREET'
SPRINGFIELD,MA 01103
www.of-aiaw.com I
VOICE: (413)747-1773 HARTFORD.CT(86o)548-1300 I
FAX: (413)746-1529 Moosup;CT(m)564.4o64
E-mmu sbrighenti@ofilaw.com -DANBURY,CT(203)748-6632
I