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8217_ZONE CHANGE - FUN FARMS LLC - 1399 SUFFIELD STREET sLLC 3 0� LT/ � C(3jnc:t1 RZ)X\L 4eaAt5 Pw-t, s d4oaa- -y o� Ciiy Council open hearing despite members �4' bsences An indoor dome,batting cages and bumper boats are among the C. Johnson, the lawyer represent- ing Fun Farms at 1399 Suffield St, amusements fun farms wants to add. The council,facingan audience of nearly 100 residents, rhany of By JACK FARRELL on the request. whom had also attended an Aug.5 Only eight of 11 councilors at- hearing when the hearing was ta- Staff writer tended the meeting, and of those bled, decided to open the-hearing eight,two have conflicts of interest WwaY• The City Council last night and are abstaining from delibera- But not before wrestling with opened a public hearing on a con- tions.Eight votes of the council ire the decision. Councilors Richard troversial zone change that would required to pass a zone change.„ C. Morassi and Lowell P. McLane allow a miniature golf course to "in order for my client to get a both said that the hearing might be add new amusements despite not fair shake,he steeds to have all he having enough councilors to vote councilors here,"said Christop ier please see Covmg,'Page A9 f ° Public hearing launched Continued from.Page Al change from Business A to Busi- ness B. Property zoned Business B unfair to the petitioner given the allows for the same uses as Busi- councilor's' absence, but acknowl- ness A plus storage of up to 150 ve- edged the crowd waiting for the hicles, bowling alleys, roller rinks hearing to begin. and warehouses. "I'm struggling with people who That possibility has spawned came here to give their time," strong opposition from neighbors McLane said. who fear changes that could take Robert;M. Young then suggest- place in the future at the site. ed the council open the hearing "The owner can promise us ev- ; and then continue it to Sept. 16 so erything in the world but he can't that nolvote would he#aken with- do anything if it's sold,"said Kath- out the two needed ;'councilors, erine L. Kane before the council John,J. Negrucci and Jill P. Simp- meeting. son. Jack Farrell can be reached at George Bitzas was also absent, jfarrell@union-news.com but it is believed he would have ab- stained anyway because he too has a conflict of interej. Council President Gina M. Le- tehier then urged her colleagues to make a decision, whether to table the hearing yet again, or to open the hearing_ Finally, Morassi rr'oved to open the hearing and the council agegd, . Johnson then voiced "grave concern"because only six council- ors were eligible to vote-Refezf ng to Simpson and Negrucei, John- son said."They won't 4enefit.from either side's presentation"if a vote ]StakenSept l6. ', � Fun Farms wants to add bumper boats and an indoor dome, with batting cages and a golf driving range to its mini-golf facility. That move would require a zone w f Mini �► Ad Ours yid do"21110.� olf addition - �_-�- .--� Ro � O�Br��� � . -e uaMy mom• t � hight '. Stlll apossibilityPO rc ¢1cRard .�HYAgawam .:. 351, 1 By KEN ROSS "We're hoping with the change By DAN RING Mitt Romney,55,of Belmont. in definition my client will be able city cauncflar "This is the first chance Staff writer to move forward,"la« er Christo- Staff writer �' have for a w ider, attentive:au AGAWAM - The City Council pher C.Johnson said yesterday. staineCoikneilresidQsni Gia.1V�. Brice," said William S. n Johnson represents the owners Letelhervt�a wh { SI1 NG�IEI.b-The two..canc#i- last week voted against a zone a- . a professor of government, VV l chatige:fox a mini-,golf course that of Fun Farms, the Suffield Street Fun ;gw.' a ,Sand dale for �overrior will aim for ern New England College: t wr t adr b l :.and an ramiaturegolf.course that wants to Trap) is '1 cat din,land zoned somC-breakthrough performances impressions are important.Peop .. } r. me. wi `,bg"gages 'build the addition. Business A ' �arcler;w eX- tr�r�l�ht v��hen they maex.iii Spring- who are on the fence will start i and a gaff driving range. Last Wednesday, the council pand,the cet`� , # >>e rezoned field for their first debate_ making up their minds." � But the project could still be- voted 7-0 against changing the "Busti�sss " K. it3r 'council The confrontation could be piv- The clash k Western New Eng- come a reality if the council ap- zone for the land parcel, which must approve a� o>arechanges. 'atal since polls show a tight con- land Colleoe`.will be televised live ' proves a proposal to amend the contains Fun Farms. Councilors Property ionid .AOsIness B„al- te'st-on Nov.5 between Democratic 7-8 p.T on WGBY-TV, s?i`Maiiti city's zoning definition of amuse- George Bitxas,Ruth A.Carr Bitxas Treasurer Shannon P.O'Brien,43, ment parks. and Anthony C. Bonavita ab- Please see golf,f' ge:;03 of Whitman acid Republican W. Please sae Debahi, ' " ho 1, I f.; ht� Golf: Addition .,; still a possibility -3"j. Continued from Page BI l lows for the same uses as Business oar: A plus storage of up to 150 vehi- cles, bowling alleys, roller-rinks. and warehouses,according to city gjia officials. The possibility of such j({ ,,businesses on this rezoned proper- ty frightened many councilors. "You never know what's going to end up there,"Councilor Joseph Mineo said. F "Once you change the zone, there's many more permitted 'uses," Councilor Richard C. Mo- rassi said. Atli "Going from Business A to Busi- ness B didn't really fit into that a�E''area of town,"Councilor Dennis J. -d3 Perry said. Many residents and the Plan- n ;ning Board felt the same way. That's why the Planning Board. voted in August not to recommend changing the zoning for ft Fun Farms parcel. Even so, the Fun Farms expan- sion project could still go 6rviard. ;.troThat's because Perry recently in- duced a resolution to amend the city's zoning definition of an amusement park. Last year, the council added to the'city's zoning code`a definition of an amusement pa-k and stated In*ch facilities must;be located in property zoned Business B. Perry's resolution would nar- 1 xow the definition of an amuse- ment park. He drafted the s resolution in reaction to the recent Fun Farms'zone change request. "It clarifies*hat that(an amuse- ment park) is," Perry said, refer- ringg to his resolution. The council's Zoning Review Committee will discuss the resolu- 'tion 6.30 p.m. Oct. 7 at the middle s school,68 Main St. If the council approves the amendment,Fun Farms would not ..have a seek a zone change for its proposed expansion project,John- son said. Instead, Fun Farms would return to the Planning Board and resume the site plan re- view process for the project. Ken Doss can be reached at kross@union-news.com OFF- Page 40 the.Apawim Advertiser News July 3, 2002` LEGAL NOTICE LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public ary of other.land of Fun Farms, LLC a distance of Suffield Street, thence hearing on Thursday, July 18, 2002 at 7:15 PM at one hundred twenty two and 4'11100ths (122.41) N. 190 59' 16" E. along the easterly bound- the Agawam. Public Library, 750 Cooper Street, feet to a point; thence ary of Suffield Street a distance of thirty four and Agawam, MA. The purpose of this hearing will be S. 780 35'35" E. along they southerly bound- 611,00ths(34.01) feet to a point, thence to hear the petition of Fun Farms LLC for a pro- ary of other land of Fun ffi Farms, LLC a distance of N. 150 35' 16" E. along the easterly bound- posed zone change at 1399 Suffield Street, The one hundred a dred and 031100ths (100.03) feet to a ary Suffield Street a distance a one hundred proposal Is to rezone approximately 6.28 acres of. point; thence land owned by Fun Farms LLC from Business A to S. 150 38'53" W. along land now or formerly thirty two and 971100ths (132.97) feet to a point; Business B and approximately .5 acres owned by of Hunters Greene,Inc: a distance of five hundred thence Western Massachusetts Electric Co. (leased. by seventy seven and 931190ths (577.93) feet to a S. 520 39'37" E. along the southerly bound- Fun Farms LLC) from Agricultural to Business B. point; thence ary of land of Furl Farms, LLC a distance of one The proposal is described in more detail as fol- S. 370 20'23"W. along the westerly bound- hundred fifty arid- 741100the (150.74) feet to a lovers: ary of Lot six (6) of Hunters Green Estates as point; thence PARCEL No. 1 - 1399 Suffield Street.Agawam. shown on a plan of land of Ralph DePalma and S. 150 27'05" W. along other land of Hamadan County Massachusetts Joseph A. Patella recorded in the Hampden Western Massachusetts Electric Company a dis Curren in the Business A D)strict Zone County Registry of Deeds in Book of Plans 281, Lance .of one hundred eleven and 811100ths The land in Agawam, Hampden County, Page 53,one.hundred eight and 431100ths(108.43) (111.81)feet to a point; thence Massachusetts which Js bounded and described feet to a point on the northerly boundary of land N' 740 '�'„ as follows: now or formerly of Western Massachusetts 24 W. along other � land of Western Massachusetts Electric Company a dis- Beginning at a point on the easterly line of Electric Company;thence Suffield Street, said paint being the point of inter- N. 520 39'37"W. along the tsartherly'bound- Lance of one hundred forty two and. 931100ths section of the northerly boundary of land now of ary . of 'land now or formerly of- Western (142.93)feet to the point of beginning. formerly of Western Massachusetts Electric Massachusetts Electric Company a distance of Said parcel contains 19,598 square feet of area, Company and Suffield Street, thence three hundred eighty six and 431100ths (386.43) more or lass, N. 150 35' 16" E. along the easterly bound- feet to the point of beginning. BEING a portion of the premises conveyed to ary of Suffield Street a distance of flue hundred BEING a .portion of the premises conveyed to Western Massachusetts Electric Company by seventy three and 721100th(573.72)feett to.a point Fun Farms, LLC by deed of Roberti. Polverari deed of August Bono I and Angelo dated May 11, thence dated October 29, 1988 which is recorded in the 19W which is recorded in the Hampden County NORTHEASTERLY along a curved firm at the Hampden County Registry of Deeds In Book Re is u#Deeds in Book 3784, Page B58. intersection of'Suffield Street and South Street 10505, Page 361. g having a radius.of sixty and 00/100ths(60.00)feet PARCEL No.2 -Leased Land of WesUrn A copy of the'proposed,zone change can be an arc distance of ninety and 211100ths (90.21) Massachusetts Electric Comoa[hy to the obtained from the Agawam Planning Office or the feet to a point on the southerly line of South No*of 1399&Meld t"L AgavWx Agawam Town Clerk's Office between the hour of Street;thence Hamadan Couthty.-Massachusetts Currently 8:30 AM.and 4:30 PM In the Agawam Town Hall,36 S.780 23'65" E. along the southerly bound- -ftl guItural Dis ct_Zone Main Street,Agawam, MA. ary of South. Sheet a distance of two hundred The Mind in Agawam, Hampden County, BY ORDER OF: fourty_four and 701100ths(244.70)feet to a-point;r Massachusetts. which Is bounded and descrfbed Dennis S. Hopkins,Acting Chairman. thence as follows: .. Agawam Planning Board ' q"'"e rhg the westerly bound- Beginning at a point on the easterly line of Published:July 3, 2002 —NOR July 3,2002 The Auamm Advertiser News #gage 'J9 LEGAL-NOTICE : LEGAL NOTICE LEGAL-NOTICE LEGAL NOTICE LEGAL.NOTICE LEGAL NOTICE, TOWN OF AGAWAM TOWN OF AGAWAM TOWN OF AGAWAM AGAWAM PLANNING BOARD AGAWAM COWERVATION COMISSION AGAWAM CONSERVATION COMMISSION The Agawam Planning Board will hold a public The Agawam 'Conservation Commission will The. Agawam. Conservation Commission will hearing an Thursday, July i8 2002 at 7:00 PM at hold a }public hearing on Thursday, .Deny '11, 2002 hold,a public hearing on Thursday;July 11,_2002 at 6:30 PM, at the Agawam Public Library, 750 at 6:40 PM, :at the.Agawam Public Library, 750 Agawam Public Library, . 60 Cooper Street, Cooper Street,Agawam, MA. The.purpose of this Cooper Street,Agawam, MA. The purpose of this Agawam, MA. The purpose of this hearing will be hearing will be to hear the petition of Curley for hearing will be to hear the petition of Matz for to hear the petition of Santaniello for a Revision to work to be performed on 1629 Suffield Street, work to be performed on Lot 4 North Street Ext., the Definitive Subdivision Plan entitled "Willow subject to the Massachusetts Wetlands subject to the Massachusetts Wetlands Glenn .Estates U." The proposed revision is to Protection Act. Protection Act waive the.sidewalk requirement on the west side By Order of Henry A. Kozloski, Chairman By Order of Henry A. Kozloski, Chairman of Abbey" Lane (backyards of 24 and 2 F6 Agawam Conservation Commission . Agawam Conservation Commission Published: July 3, 2002 Published: duly 3,2002 Lancaster Drive). By Order of Dennis S. Hopkins,Acting Chairman For the best in local goods and services, be sure -to check'our AGAWAM PLANNING BOARD Published,July 3,2ti F2 classifieds each arm every week—ADVERTISER NEWS Y LEGAL NOTICt:. LEGAL NOTICE TOWN OF AGAWAM AGAWAM CONSERVATION COMMISSION Thor Agawam Conservation'Commission wilf meet on Thursday; July tt, 2002 at 6:50 PM at the Agawam ftblic Llbrary,'ISO Cooper Street,Agawam, Mass. The- purpose of,.Mlz:-meeting will lee to _ r:the .Request for Determination of Applicability 0.Solo for. property`located at 184.Main Street. By Order of Henry X Koxioski,Chairman s #•f.. Aga Natiwam Conservation CommissionVE'Published:July 3,:2402d. LEGAL NOTICE LEGAL NOTICE Z1114 J<► (;vJ� I t' TOWN,OF AGAWAM . AGAWAM CONSERVATION COMMISSION The Agawarn..Gonservastion Commission will meet on Thursday, July '19,. i�'e They. ast) 2002 at 6:55'P at°the Agawam Public Ubrary, 750 Cooper Street,Agawam,. Nativ-lu Mass. The,.purpose of . .shear will. be to hear the Request for 'Ostermfnagon:of APPIW sb"ity:of'West'Springfield Fish and'Game-Club for property located at 329 Garden Street: Q By Order of Henry A. Kozloski, Chairman . Agawam Conservation Commission Published-. .duly 3,.2EI02 Sals (On Annuala r �tsei r►frr�rtr� "i �r+e; W�tefr" July 11, 2002 The Agawam Advertiser News Page 7 LEGAL NOTICE LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public ary of other land of Fun Farms, LLC a distance of Suffield Street, thence hearing on Thursday, July 18, 2002 at 7:15 PM at one hundred twenty two and 41/100ths (122.41) N. 190 59' 16" E. along the easterly bound- the Agawam Public Library, 750 Cooper Street, feet to a point; thence ary of Suffield Street a distance of thirty four and Agawam, MA. The purpose of this hearing will be S. 780 35'35" E. along the southerly bound- 61/100ths (34.61)feet to a point; thence to hear the petition of Fun Farms LLC for a pro- ary of other land of Fun Farms, LLC a distance of N. 150 35' 16" E. along the easterly bound posed zone change at 1399 Suffield Street. The one' hundred and 031100ths (100.03) feet to a ary of Suffield Street,a distance of one hundred proposal Is to rezone approximately 6.28 acres of point; thence thirty two and 971100ths 132.97 land owned by Fun Farms LLC from Business A to S. 150 38' 53" W. along land now or formerly ( ) feet to a point; p ' Business B and approximately .5 acres owned by of Hunters Greene, Inc. a.distance of five hundred thence Western Massachusetts Electric Co. (leased by seventy seven and 93/400ths (577.93) feet to a S. 520 39'37" E. along the southerly bound- Fun Farms LLC) from Agricultural to Business B. point; thence ary of land of Fun Farms, LLC a distance of one The proposal is described in more detail as fol- S. 370 20'23" W. along the westerly bound- hundred fifty and 741100ths (150.74) feet to a tows: ary of Lot six (6) of Hunters Green Estates as point;thence PARCEL_N_oj-M9-Suffield Street.Agawam, shown on a plan of land of Ralph DePaima and S. 150 27'05"W. along other land of am d n CQMnty MassgchuAetts Joseph A. Patella recorded in the Hampden Western Massachusetts Electric Company a dis- CUrrenMy in the Business A Dist ict Zone County Registry of Deeds in Book of. Plans 281, Agawam, Hampden County, tance of one hundred eleven and 81i104ths The land in A 9 ty, Page 53,one hundred eight and 431100ths(108.43) (111.8' 1) feet to a point; thence Massachusetts which is bounded and described feet to a point on the northerly boundary of land N 740 24'44„ W along other land of as follows: g now or formerly of Western Massachusetts Beginning at a pant on the easterly line of Electric Company; thence Western Massachusetts Electric Company a dls- Suffield Street; said point being the point of inter- N. 520 39'37" W. - along the northerly bound- tance of one hundred forty two and 9311.00ths section of the said boundary of land now of ary of land now or formerly of Western (142.93)feet to the point of beginning. formerly of Western Massachusetts Electric Massachusetts Electric Company a distance of Said parcel contains 19,598 square feet of area, Company and Suffield Street, thence three hundred eighty six and 431100ths (386.43) more or less. N. 150 35' 16" E. - along the easterly bound- feet to the point of beginning. BEiNG a portion of the premises conveyed to ary of Suffield Street a distance of five hundred BEING a portion of the premises conveyed to Western Massachusetts Electric Company by seventy three and 72/100th(573.72)feet to a point; Fun Farms, LLC by deed of Robert J. Polverari deed of August Bonomi and Angelo dated May 11, thence dated October 29, 1998 which is recorded in the. 1966 which is recorded in the Hampden County NORTHEASTERLY along a curved line at the Hampden County Registry of Deeds in Book Registry of Deeds In Book 3184, Page 658. intersection of Suffield Street and South Street 10505, Page 361. having a radius of sixty and 001100ths (60.00) feet PARCEL No. 2 --Leased Land-of{western A copy of the proposed zone change can be .an arc distance of ninety and 21/100ths (90.21) se obtained from the Agawam Planning Office or the feet to a point on the southerly line of South North of 1399 Suffield a1mg&Agawam. Agawam Town Clerk's Office between the hour of Street; thence Hampden Cgul3ty., h Qurrantjy 8,30 AM and 4:30 PM in the Agawam Town Hall, 36 S. 780 23'55" E. along the southerly bound- lrAh-e Agricultural District ne Main Street,Agawam, MA. ary of South Street a distance of two hundred The land in Agawam, �ampden County, BY ORDER OF: fourty four and 701100ths (244.70) feet to a point; Massachusetts which is bounded and described Dennis S. Hopkins,Acting Chairman thence as follows: Agawam Planning Board . 150.40' 12" W. along the westerly bound- Beginning at a point on the easterly line of Published: July 11, 2002 S Town -of Ag' awam 36 Main Street Agawam, Massachusetts 01001-1837 gyp, Tel. 413-786-0400 Fay, 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGE/FUN FARMS,LLC11399 SUFFIELD STREET DATE: ' JULY S,2002 On June 7, 2002, the Planning Board received a request for a zone change for approximately 6.28 acres of land owned by Fun Fauns LLC from Business A to Business B and approximately .5 acres owned by Western Massachusetts Electric Company from Agricultural to Business B. The Plantung Office has conducted a review of this proposal and submits this report for your information. The land owned by Fun Farms LLC is the location of the Twin Silos commercial and recreational development. The Planning Board approved a Site Plan for this property on August 20, 1992. The approved plan was for the restoration and conversion of an existing dairy barn to be used for retail stores and the construction of a miniature golf and pitch and putt range on the remainder of the site. A copy of the approved plan has been attached. On February 20, 2001,the Agawam Town Council approved a Zoning Amendment which added to Section 180-2 of the Agawam Zoning Ordinance a definition for Amusement Parks. A copy of the definition is attached. Recently, Fun Farms LLC submitted plans to construct an indoor batting range and a bumper boat ride. According to the Inspector of Buildings,these uses are not allowed in Business A which the Fun Farms' property is presently zoned. In order to constructed these amusements,the owner would have to seek a zone change. The Inspector of Buildings decision is attached. The property owned by Western Massachusetts Electric Company(WMECO)is zoned Agricultural. In a letter dated May 3, 2002, Barbara Chartist, Real Estate Analyst for WMECO, stated that WMECO authorizes Fun Farms LLC to utilize approximately 19,598 sq.ft. of WMECO land for parking. The Agricultural zoning for this parcel does not allow commercial parking, therefore a zone change for this parcel is also necessary. Mrs. Charest's letter is attached. 4 Land Use and Zoning The property in question is located on Suffield Street(Please refer to the attached Parcel Map). The property immediately abutting the parcel to the east is the Hunter's Greene Estates subdivision which was approved in 1987. The property to the south of the WMECO property is the Longview Estates condominium project which was approved by the Planning Board in 1986. The Hunter's Greene property is zoned Agricultural and the Longview Estates property is zone Residence A-3 (Please see the attached Zoning Map). Immediately across Suffield Street from the property is property zoned Business A which is developed with four-family residential buildings. Just to the south of this property is vacant land which is zoned Residence A-1. Uses allowed in Business A include the following (please refer to Section 180- 4 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence or an Agricultural District ♦ Retail, banks hotels, dining establishments,halls and office buildings ♦ One-story public garages ♦ Gasoline filling stations ♦ Open-air transient parking(after a Special Permit is granted by the Board of Appeals) ♦ Cabins ♦ Drive-in or Drive-thru restaurants(after a Special Permit is granted by the Board of Appeals) ♦ Drive-thru service windows (after a Special Permit is granted by the Board of Appeals) ♦ Two family dwelling for two housekeeping units. Under the proposed Business B District,the following uses are allowed(please refer to Section 180- 48 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence, Agricultural or Business A District ♦ Storage of a maximum of one hundred fifty(150)motor vehicles out of doors for holders of first- and second-class motor vehicle dealer licenses. ♦ Amusement parks,bowling alleys and roller skating rinks or arcades containing three(3)or more pinball or electronic games ♦ Wholesale sales and warehousing ♦ Converting, fabricating, manufacturing, altering, finishing or assembling ♦ Trucking terminals (after a Special Permit is granted by the Board of Appeals). v'rQ=gntal Considmtions A tributary of Worthington Brook flows along the northern property line. This stream is designated on the 1999-2001 Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map as a river. Under the Massachusetts Wetlands Protection Act any activity within 200'of the mean annual high water mark of a river would require the filing of a Notice of Intent to the Agawam Conservation Commission. The WMECO property appears to be far enough from any resource area that a filing would not be necessary. Another environmental consideration would be noise generated by the bumper boats and batting facility. All applicable state and local noise regulations would apply. Also, light leaving the property would be addressed during the Site Plan Review of all new amusements. In addition,the storm water runoff from this parcel has historically caused problems for the down gradient properties in the Hunter's Greene Subdivision. This issue would also have to addressed under the Site Plan Review. Other Considerations Fun Farms LLC presented its conceptual plans to the Planning Board for the proposed indoor batting range and the bumper boats in April 2002. The minutes for the Planning Board meeting have been attached. � Cc . o, A O� 90A_-' TOR-2001-1 AN ORDINANCE AMENDING ARTICLE VII AGRICULTURAL . DISTRICTS OF THE ZONING CODE OF THE TOWN OF AGAWAM BY ADDING SECTION 180-37 F. AND AMENDING ARTICLE I GENERAL PROVISIONS OF TFM ZONING CODE OF THE TOWN OF AGAWAM BY ADDING TO SECTION 180-2 B THE DEFINITION FOR AMUSE-%ENT PARKS WHEREAS, the Town of Agawam Zoning Code ARTICLE.VII Agricultural District, Section 180-37, entitled permitted uses, allows for specific,permitted uses of land is an ag icultural district; and 7FflEREAS,use of land for parking and parldng lots in as agricultural district are currently not permitted uses; and WHEREAS, the Town of Agawam Zoning Code ARTICLE I, Section 180-2 B does not contain a definition of Amusement Parks; WHEREAS, allowance of the use of land in an agricultural district for parking and parking lots may alleviate or reduce traffic problems;parking,problems and on-street parking, and may improve and enhance public safety; and WHEREAS,it is in the best interest of the Town of Agawam to amend the Zoning Code of the Town of Agawam by adding to Section 180-37 F. and. defining Amusement Parks; NOW THEREFORE, BE IT ORDAINED BY THE AGAWAM CITY COUNCIL AS FOLLOWS: That the Zoning Code of the Town of Agawam be amended by adding Section 180-37 F. to read as follows: Section 180-37. Permitted Uses. F. Off-street parking for twenty-four(24)hours or less for motor vehicles when the use is an accessory to an existing conforming amusement park containing at least three (3) acres of land adjacent to agriculturally zoned land and by Special Permit. r [ And that the Zoning Code of the Town of Agawam be amended by adding to Section 180-2 B. the definition for Amusement Park to read as follows: i t Section 180-2 B AMUSEMENT PARK-A commercially operated park with a predominance of outdoor games and activities for entertainment including shows or riding devices, games of skill or chance, or any combination of shows,riding devices, water slides, miniature golf, batting cages or any combination of several enterprises, such as revolving wheels, merry- go-rounds, giant swings,panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged in or conducted as one enterprise or by several I oncessionaires, and whether an admission fee is charged for admission to all such shows for entertainments, or separate fee for admission is charged for each.amusement. Dated this day of ,2001. PER ORDER OF THE AGAWAM CITY COUNCIL APPRO AS ORM Gi . Lefelhez, uncil President auras , ity Solicitor i EXHIBIT D Town of Agawami, Inspection Services DepartmettV jwi --F , 32 Building.tnnspecdtan Code Enforcement M� 36 Main Street,Agawam,MA 01001 Dominic Urb#nst! Telephone-(4I3) 78"400s Ext. 210 Richard Boelai IttsGe�tvr afBt+ildititts Fax(413)786-9927 Sealer of WeigIue&Meo.suses Enfomen=t Officer Robert Maioal Plumbing[tipster Chase Comecdon Buwayor MEMO DATE: March 26, 2002 TO: Planning Board FROM: InSpection Services Dominic Urb 'nati, Inspector of Build_ings RE: The Sand Trap at Twin Silos Upon reView of the attached proposed site plant for the above referenced localiou,I have made the following determination. The construction of an indoor batting range and bumper boat area to the existing use would lht.-tm fall into the &Baition of an Amuscmment park(See 1 SO-2B). Amusement Parks are not allowed in a Business A Zone. c: Baystate Environmental Consultants,Inc. Fun Farms,LLC, Dave Kamen attachment I d EXHMIT B. Northeast 10 c$dwen Drive Utilities System (41a ss 58 01iO4-1796 71 wig Util May 3, 2002 Mr.Dave Karmen Fun Farms, LLC 1399 Suffield Street A' Agawam,, MA 01001 RE: Zone Change - Western Massachusetts Electric Company land 19,598 s.f. of Parcel 4597, Suffield Street, Agawam, MA Dear Mr. Kannen: Puxsuant to our Letter of Intent and proposed License Agreement regarding additional parking for Fun Farms, LLC on approximately 19,598 square feet of adjacent land owned by WMECO, WMECO hereby authorizes-Fun Farms, LLC to make application to the Town of Agawam for a zone change of this land which may be required for Fun Farms' intended use. If you have any questions or require additional information, please do not hesitate to contact me at 413-787-9531. Very truly yours, (Mrs.) Barbara L. Char est Real Estate Analyst BLC 064315-1 10.95 PARCEL MAP 20020 — e Qo 12 r- _ -� i• _ "1 k Y DSllle 1 L*+ J i.sos r'L*� SOUTH �f1Y 20111 N1,y r 7 73•�-1a � � � ria.eo � iJ II e 12"a 360t8$ fwa 1 1 fi e G +� a I lao l !I ut ix - I 24$77 !! I I i I f 7 rf r a �a7'Ac 1 I r3 ! saua. n � 1• z ! r taa O m I r e s I 1 14•, " y 23924 � - t-_�! rxtaa• t eEWIMI r +•AMU°hr — P � 1 R-O—W s 14.8 4c e , 16 ry h � war ZONING MAP LOEM 97RE ELEM SG11t ' o � S gpUfiH �� sY� T/�rM a6 CHAREST LM. c Or O � HVNTCRCLE E �E f o UFFIELO COMMONS ~1 CONDOMINJUMS .U. .D LS �cn RFSl.Dz',VCE' .q RESl�FNC�" 8 F AGRIC 411 TNRE 8L/SlNE SS 43 X1VD41S TRIA L A 2'/VZ)Z/S TR 144 B RESIDENCE A-4 § 180-43 ZONING § 180-44 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. P. 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.V.!(I._ rJM"fia § 180 44 In any Business A District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one or more of the following: A. Any use permitted in a residence district or an Agricultural District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or . assembling. D. One-story public garages for storage or repair of not more than 50 cars_ 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 18041 a- zoos § 180-44 AGAWAM CODE § 180-44 f 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. E. A gasoline filling station, 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. E. - 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. H. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-1] 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. (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 parkingJsite 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. [Added 9-20-1997 by TOR-97-81 18042 4--1-2001 ' § 180-46 ZONING § 180-48 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-86-61 § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than fifty percent (50%) of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-61 B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four (4) families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one (1) acre in area and having not less than one hundred fifty (150) feet of frontage on a street. C. Not more than one (1) unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. AITICLIX � �t t�cts § 180-48 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 (1) or more of the following A. Except as otherwise provided in this Article, any use permitted in a Residence, Agricultural or Business A District. 18043 12-10-95 § 180-48 AGAWAM CODE § 180-49 { 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. D. The storage of a maximum of one hundred fifty (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 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. E. Amusement parks, bowling alleys and roller skating rinks or arcades containing three (3) or more pinball or electronic games. [Amended 12-7-1981) F. Wholesale sales and warehousing. G. Converting, fabricating., manufacturing, altering, finishing or assembling, provided that in no case is a total of more than twenty thousand (20,000) square feet of floor space devoted to such use. H. Trucking terminals may be allowed only after a public hearing by the Board of Appeals. § 180-49. Height regulations. A business building shall not be erected or altered to a height in excess of three (3) stories or more than forty-five (45) feet. These provisions shall not apply to chimneys, flag or radio poles, water tanks, hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height provisions for Residence B Districts. Heights of other buildings or structures permitted in § 180-48A shall not exceed the heights permitted in Residence B Districts. 18044 Agawam Planning Board April 18, 2002 Page 5 NO VA Myt LMd � fd Attorney Chris Johnson was in attendance representing the owner of the Sand Trap on Suffield Street. This Site Plan was received from the Building Department with a memo from the Building Inspector stating that"Upon review of the attached proposed site plan ....... I have made the following determination. The construction of an indoor batting range and bumper boat area to the existing use would then fall into the definition of an Amusement Park(Sec 180-2B). Amusement Parks are not allowed in a Business A Zone." The proposal is to construct an indoor batting range, bumper boat area and to rearrange four chip and putt holes. Attorney Johnson discussed the zoning issue. He stated that he was unaware of the recent zoning amendment which defines amusement parks. He will address this issue with a zone change request. He then went over the proposal with the members so that any concerns they have at this time can be incorporated into the plan. He stated that the proposed re-design of the chip and putt and the addition of the bumper boats and indoor batting facility will minimize the current problem with golf balls Ianding on adjacent properties. Also, a new drainage design has been proposed which will result in no loss of existing vegetation. Additional landscaping is also shown and sound barriers will be installed. Thirty-nine (39)new parking spaces shown. He stated that they are hoping for Fall construction. There were several abutters in attendance. Mr. Hopkins agreed to allow them to ask questions. The questions raised were regarding the need for sound barriers; adequate parking; the size of the dome for the indoor batting area and general screening of this property for the abutters. Motion was made by Mr. Shibley and seconded by Mr. Ward to return the Site PIan for the Sand Trap back to the applicant until the zoning issue has been resolved. The following is a list of comments that the Board members have regarding this Site Plan: 1) The new parking lot should be landscaped with a plan showing species, size and location to be submitted to the Board for their approval, 2) The new plan must show how the sound emanating from the bumper boat amusement is being attenuated on the site. 3) The applicant must provide a lighting plan that provides evidence that there is no spill over onto the adjacent properties. 4) The applicant must provide cross sections showing how the proposed 42' dame for the indoor batting area will look from adjacent properties. 5) The comments raised in the memos from the Planning Department, Engineering Department and Fire Department are to be addressed. VOTE 4-0 SITE PLAN- Giovanni's Pastry Shop - Main Street Tony Russo of Giovanni's Pastry Shop was in attendance to present his Site Plan which shows a 1,950 sq.ft. addition to the existing business and also the addition of a 810 sq.ft. patio outside of the building. i July 18, 2002 TO: TOWN OF AGAWAM,PLANNING BOARD RE: j PETITION OF DAVE KANNEN, FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMEENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. 44 3)v6 1'&'00"qt .. r + ct547 PS4L l /a4-L) 66 - pba . 41a 00A- J - 1 /y �!Y July 18, 2002 TO: TOWN OF AGAWAM, PLANNING BOARD RE: PETITION OF DAVE KANNEN,FUN FARMS, LLC, 1399 SUFFIELD ST.,FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDONIINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. " d� July 18, 2002 TO: TOWN OF AGA WAM, PLANNING BOARD RE: PETITION OF DAVE KANNEN, FUN FARMS, LLC, 1399 SUFFIELD ST.,FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDONUNIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO 'DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. M-1 ^!�-/�lv /g bfoAVI t44p Pam j a j 4-" July 18, 2002 TO: TOWN OF AGAWAM, PLANNING BOARD RE: PETITION OF DAVE KANNEN,FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMNIENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. Fa Fes. �w We, the undersigned, are not in favor of the zoning changes proposed for the property located at 1399 Suffield St., Agawam MA. it is our belief that the changes from Business A and Agriculture to Business B will result in increased noise, negative impacts on the peaceful enjoyment of our property, potential decline of property values, and unpredictable consequences inherent in an open ended zoning change of this nature, Name Address z s 3 0 C ?l1/ta z4 4 5 Al 6 rA lie s �- a 9 10 .r C-3 L1O 12 t i 14 15 16 17 18 L19 3 D dd Lu '� 20 3 (f 21 2 23 �. 24 25 2 1., ITI I 27 28 29 30 r / 39 / 32 llyf�* 33 .. Iles G.!1 Ph ` 34 35v1� � 1 37 38 39 40 41 TOWN OF AGAWAM MEMORANDUM D NlP To: Planning Board CC: File From: Engineering Date: July 18, 2002 Subject: Proposed Zone Change- 1399 Suffield Street -Fun Farms LLC Per your request dated June 10, 2002, we have reviewed the proposal for the subject parcel. As per a discussion between Engineering and Marc Shute of D.L.Bean, Inc. on 7/18/02,Marc is to submit corrected survey data for the subject parcel, We have no further comment at this time. Sincerely, Rick S. Seidnitzer Jaynes T. Daley, P.E. Civil Engineer I Town Engineer s;lbdapp ea1102102.wpd 'OWN OF AGAWAM CONSERVAITON COMMISSION 36 MAIN ST.,AG4WA1 , MA 01001 78&04W3 Gxt. 245 MEMO TO: Planning Board FROM: Conservation Commission DATE: July 26,2002 SUBJECT: Proposed Zone Change- 1399 Suffield Street - Fun Farms,LLC The Agawam Conservation Commission discussed the proposed zone change by Fun Fauns, LLC for property at 1399 Suffield Street. This property contains area subject to protection raider the Massachusetts Wetlands Protection Act, therefore any proposed work on this site would require a filing with the Agawam Conservations Commission. HAK:pre LONGBROOK ESTATES CONDOMINIUM To: Dennis B. Hopkins Acting Chairman- Planning Board Town of Agawam, MA Date: July 18, 2002 Re: Petition of Dave Kannen, LLC, etc. As a duly elected trustee for Longbrook Condominiums, and at the request of all the trustees, I am requesting a denial of the petition of the above petitioner changing from Business "A" to Business "B". The area in question will have a decided negative impact on a pri'm&tily residential neighborhood, that in a condominium facility such as Longbrook, has a majority of elderly families. The increased traffic, noise, rambunctious behavior of youngsters and those enjoying an "amusment park" atmosphere will have -an adverse effect on the tranquillity of our enjoying a normal residential home situation. in addition we feel that we will be faced with a possible increase in crime, and for certain, some malicious damage and trespassing on our grounds. We have had an increase in these areas recently, although this can not be established, it is because of the present situation, we are concerned that this will be a problem in any expansion. It is noted that this year Twin Silos has 24 hr. security. We certainly could not afford this, or put up a "gated" community. in addition I would like to point out that there are some wetlands in or near the area in question. The creek running through have some beaver dams, and possibly some resident beavers, also the woods are nesting areas for several bird species (rose breasted grosbeak,wren,redwing bl.ackbird,wood thrush to name a few) that would lose some of their habitat. I certainly hope that the enviroment will not be further impacted by any changes in zoning. So on behalf of the board of trustees, and the 151 families of Longbrook Estates, I am petitioning the Planning Board to deny the re-zoning request. Sincer y, r � W ter Nemes 37 Dogwood Lane Agawam, MA 01001 t -f ristzher C. Johnsof. A rrney at La w 776 'WestfieCd'Street 'West SyringfieC� NA 01o89 Tefeyhmw (413) 732-8356 lFAX (4.z3) 737-6866 July 31,2002 Planning Board Town of Agawam 36 Main Street Agawam,MA 01001 RE: Zone Change- 1399 Suf#ieId Street- Fun Farms LLC Dear Planning Board Members: Thank you for the opportunity to present my client's application for zone change at your July 18, 2002 meeting. During the public hearing, several residents from Longbrook Estates Condominium and the Hunters Green subdivision raised several concerns regarding my client's application. I would like to address those concerns via this document and ask that this correspondence be added to your official record. I have separately addressed the concerns of each sets of residents. Concern: Zone Change v. Special Permit Lon bro k Estates Qondominium and Hunters Green Subdivision: My client is forced to seek a zone change from Business A to Business B because in February of 2001, the Agawam Town Council amended the Zoning Code of the Town of Agawam by adding a definition for"Amusement Park'in Section 180-2B. The Inspector of Buildings ruled that my client's facility falls under the newly created definition of"Amusement Park" which is not an allowed use in the Business A District Zone. "Amusement Parks"are only allowed in the Business B District Zone according to the Zoning Code of the Town of Agawam. This change(Please see attached copy of building permit issued to prior owner for open air batting cage by Inspector of Buildings on May 8, 1998 indicating that such was an allowed use prior to the Council action.)made my client's facility an existing non- conforming use thereby necessitating a permit from Board of Appeals approval for any change to the facility(see Section 180-7 of the Zoning Code of the Town of Agawam). The Board of Appeals permit process is lengthy(120 to 140 days)and expensive and makes it impractical for my client to seek a permit for any change to its facility. In addition, the courts have said that you may not substantially expand a nonconforming use. The courts have also said that you may not obtain by special permit what amounts to a defacto zone change. As such my client is forced to seek a zone change based solely on the Council's action. Page I of 4 JUL 3 1 2r-V F-4i :[ h Concern: Other Uses Allowed_in Busines2B Longbrook Estates Condominium and Hunters Green Subdivision: A review of the Zoning Code of the Town of Agawam reveals that the only uses allowed in Business B(without Board of Appeals approval)which are not allowed in Business A are: Y amusement parks,bowling alleys and roller skating rinks or arcades; Y wholesale sales and warehousing; and Y converting,fabricating,manufacturing,altering finishing or assembling(with 20,000 square foot limit). The change from Business A to Business B does not represent a substantial change in the permitted uses for my client's property. In fact,Business B is more restrictive in several aspects such as the imposition of side yard and rear yard setback requirements and the prohibition of residential uses. I would like to reiterate that my client has no plans either immediate or long term to change the current use(family recreational facility)of his property. The only reason underlying the request for the zone change is to restore the conforming status of the facility. Concern: Visual Impact Longbrook Estates Condominium: There is currently no visual impact from my client's facility on the Longbrook Estates Condominium. The WMECO right of way which is approximately 315 feet wide separates my client's property from Longbrook Estates. None ofmy client's proposed changes to its facility can be seen from Longbrook Estates, and my client's proposed use of a small portion of WMECO's right of way for parking will not be visible from Longbrook Estates. Hunter's Green Subdivision: As part of my client proposed changes to its facility, it plans to add a substantial amount of landscaping(including adding berms)to its border with the:Hunters Green Subdivision. In addition,the proposed indoor batting cage will be colored to match the current silos on the property and visual impact of the new facility will be no greater than the current silos. See site plan and attached copies of sight drawings from two of the homes in Hunters Green Subdivision. !Concern: Noise Impact Longbrook Estates Condominium and Hunters Green Subdivision:My client retained the services of Michael Jarzabkowski who specializes in design and consulting in architectural acoustics,sound reinforcement, and noise and vibration. Mr. Jarzabkowski determined that my client's proposed changes to its facility with the planned sound attenuation(10 and 12 foot high sound wall sections for bumper boat area and sound insulation for indoor batting cage-see site plan)will result in sound levels of 31dBA to 32dBA at the houses which are 240 to 290 feet away. These sound levels are far below typical noise regulations requiring noise levels below 55dBA and they are lower than the noise Page 2 of 4 levels currently generated by the facility. Please note the noise level at Longbrook Estates will be even lower due to its greater distance and the thick vegetation currently in place on the WMECO right of way. Concern: Stray Go f Balls Leaving the Proper Hunters Green Subdivision: My client retained the services of a nationally recognized golf course architect (The Roger Rulewich Group) to redesign the par 3 course to minimize stray golf balls leaving the property. The result is a plan which redesigns a number of holes to eliminate tees from facing the adjoining properties in Hunters Green. In addition,the plan calls for: the erection of 12 foot high ball barriers on the tees near the Hunters Green subdivision(see site plan); the erection of an 8 foot high barrier fence near Hunters Green(see site plan); the addition of berms and Iandscaping along the property line (see site plan); and the addition of a 20 foot high ball barrier along the Peucker property. (see site plan) If the Peuckers desire a barrier of lesser height, they can communicate same to my client. My client has undertaken at great-expense a professional redesign of its par 3 course to minimize the impact of stray golf balls on neighboring properties. Concern: Drainage Hunters Green Subdivision: My client has included with the proposed changes to its facility a drainage plan which will greatly improve the offsite drainage impacts on Hunters Green. When the plan for Hunters Green was approved there was a drainage easement included on the western portion of the property to carry surface drainage north to the wetlands adjacent to South Street. When the original site plan for my client's property was approved,the surface drainage from the property was directed toward the Hunters Green drainage easement. Unfortunately the Hunters Green drainage easement did not function as planned causing drainage problems for residents in the southern lots. My client's proposed changes include the addition of a new drainage detention basin and a positive drainage system which will carry surface drainage from my client's property to the original intended location in the wetlands adjacent to South Street. (see site plan) This will greatly reduce offsite drainage impacts in Hunters Green. Page 3 of 4 r Concern: Properly Values Lann_bbrook Estates Subdivision and Hunters Green Subdivision: There was no evidence presented at the public hearing which suggested that my client's facility has had any negative impact on surrounding property values. In fact, proximity of residential properties to family recreational facilities and golf courses are listed often as positives for home buyers. In most communities, residential parcels located adjacent to golf courses sell for more than other similar parcels. My client's facility is well maintained from its landscaping to its cleanliness. It is certainly a far more attractive use than other uses currently allowed in the Business A District Zone. In closing, I urge you to act favorably on my client's request for a zone change from the Business A District Zone to the Business B District Zone. The change is necessitated solely by the Council's addition of a new definition for"Amusement Park". Thank you and please do not hesitate to contact me with any questions. V truly yours, Christopher . Jo so Attorney for Fun F s,LLC Page 4 of 4 TOWN OF AGAWAM 32770 Budding Dept. ReLpt — May 8, —r 19 98 Rudyedof Twin Silos of P. O. Box 823, Agawam 01001-082 Frg I ANZ ALe= For Building Permit Application for .1399 Suffield St. Lot No. BUJLDING 50 00 ELECTRICAL - PLUMBING •.. Rted by TOWNN Tt7I'AL 50 00 Westfield Savings TREASURER aCk. #12 7 5 F. Ennis - roa svc�v+c owrescc.r White-Applk-ut'r copy Treaaurea•s Copy Pici•Aceougp`y copy Gotdeorod-6uilkikg tkpc•Copy dWTNO. -173-99 �� •. Zone Bus Tm A Lot # - a: •`- Buildl 1g `•Department ,mow. . . . . . . o g a ADDrnON . . . ] c o� OFE ALT2RATION DEMO.W770N. . ❑ w a+ CO3'T 5 0, 0 O.D. ❑ �� W f S Agawam. Raae. Aa-VJ, . . 18 98 c This cerVOs that permis.:;,r, is granted. , ZPNeFt Polvex;ari. . . . _ _ . , • • , to cons�ruCt _ . , , -$ a bat;�-ng •cage . . . . . , . . situated at . . . , . . . . . . . . . . + . . . . . =.� u h providd he conform to ,orms of the application on file in this office, the.ProYisions of Law 'and the BuiI ng stall Zoning � 0 S.� ordirnces of the Town igawam. Any violation of the above noted terms may c e mmediata revocation o1 his pe it. c e z r Bu01ng.-5ixe7.7X1!. .. Area . • Height �+ias occupy until: :.-i:l•IFICATE OF OCCUPANCY issued. r _e'n fninic atIQ l Buildin•Ia3pec r �, .� >n O i4btain depth of Sewer in street from Torun Engine�r. Cana►y.ofte Copy.Pink,Assesarr's Copy;Gold-Inspector's Copy rv[CeS D e p arti:,y�Ee# �r `� 1t��• �P.Z� - r' - - ., 'T. •' ' - s Y� .+ .� r.it i:..�-dJJ.n»r. t'� .r1- ��"�'LG MA O�I f><"a•$Q LJ'•5•' �� •= s�'�'r�'�� �; �.-✓�,d 131D8I _�""`-'tom �•:i 1 ,i t� r %.'`a`. . •1ST - :� �l` - f f.j., �•�� -�•�•0• 1•F !°- � �-1'• by i¢ � 777��3a 3JJJJ� (' r! � ���f: ' •w �. � "�" �•4 .. �^'""'sue ' +lr 5 Proposed Silo Dome will not be visible from residential homes on Deer Run Road. Grade at property line and trees wilt obstruct vigw of dome. PROPOSED SILO DOME 418 #24 #32 4r)r V�+�1Y1.t •.J` j - -- ----- �,• 't DEER RUN ROAI I- JAN HUNTER'S GREEN CIRCLE - 1 k1'�' ". S 14- + 'may- sv W may/ 'r•'. •6 y � .y � ti• . •ice nw- Y Town of A swam %MOO ` 36 Main Street Agawam, Massachusetts 01001-1837 Tel., 41.3-786-0400 Fax 413-786-9927 Agawam Planning Board August 2,2002 "g c- Agawam Town Council x 36 Main Street Agawam,MA 01001 - Gina M. Letellier,President ; Robert M. Young,Vice President � George Bitzas, Councilor Ruth Carr Bitzas Anthony C. Bonavita, Councilor Lowell P. McLane Joseph Mineo, Councilor Richard C. Morassi, Councilor John Negracci, Councilor Dennis Perry, Councilor dill Simpson,Councilor Dear Councilors: At its duly called meeting held on August 1, 2002, the Agawam Planning Board voted to send a negative recommendation to the Agawam Town Council for the proposed zone change for Fun Farms LLC. During the Planning Board's public hearing held on July 18,2002 the Planning Board received input from abutters of both the Longbrook Condominium development and Hunter's Greene. Abutters expressed concern over possible fixture development at the site if the zoning was changed from Business A to Business B. Abutters also expressed concern over the current noise, light and drainage emanating from the site,as well as problems with stray golf ball and offensive language. Attached you will find petitions submitted by the abutters and reviews by professional staff. The Planning Board voted to gime a negative recommendation due to concern over the possible future development of the site which would be allowed by right in a Business B zone and the concerns of the residential abutters. r If you have any questions, please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B.Hopkins, Acting Chairman Agawam Planning Board cc: Mayor Clerk Building inspector Fun Farms LLC LOT 1 LOT 2 LOT 3 LOT 4 LOT 6 N S 15'38'53" W 577.93' 20 WI[?E � 3 DRAINAGE LOT 2 W EASEMENTrn � S 15 40'12" W 122.41' v" LAND OF FUN FARMS LLC. SEE H.C.R.D. BOOK 10505 PAGE 361 o AM PtM BM 261 PUM LAND OF *, AREA- 6.28 ACRES 2 NORTHEAST UTILITIES C , rn S 1527 05 W 111.81' i • LEASE AREA E 'TING BUlL lNG OZ AREA=19.598 S.F.i -4 EXISTING iUc DRAINAGE La LAND OF EASEMENT NORTHEAST UTILITIES 0 573.72' 132.97' 34.61 N 15935'16" E N 19`S9`1B" E SUFFIELD STREET ROUTE 75 PLAN SHOWING AREA FOR ZONE CHANGE LOCUS MAP N.T.S. AGAWA M, M AS SAC H U S ETTS LOCUS OF�,4� FOR: FUN FARMS, LLC. ' �a#11p6�'► = o�� IYIAR� 1399 SUFFIELD STREET AGAWAM, MA DATE: SCALE: 1 =$0 5-23-2002 I CHECKED: M.E.S. PLAN NO. SHEET NO DImBEAN INC. SURVEYORS & r 40 SCHOOL STRkff ENGINEERS WESTFIELD, MASSACHUSETTS 28i--92 ri r PERIIRT N0. Zone Bps '!ype A Lot# { _. Building Department ❑ $ ' ADDITION . . . ❑ OF THE ALTERATION '" M p' DEMOLITION. COST . . . . . . ❑ S 1"9 d- ;E ASSESSOR'S COPY Agawam, Mass. i39: . t . 1992 e_J_s This certifies that permission is granted. Robert Pc'4l�IEC c3Y I to C�2tr10 ISh _ ,$ — a . . .dairy . . . . . . . . . . . . . . . . . . situated at . . . A3A3, 5. f ��d. St . . .u l . . . y barn . .►.� v ` provided he conforms to the terms of the application on file in this office, the Provisions of Law and the Building and Zoning M $ S Ordinances of the Town-of Agawam. Any violation of the.above noted terms may cause immediate revocation of this permit. C e c p; Building. Size . . . . . Area. . . . . Height . . . . . Do not occupy until CERTIFICATE OF OCCUPANCY issued. �•; s G7 Buildin Ins ector w ao 01-ain depth of Sewer in street from Town Engineer. Karl Ferret PERMIT N0. 321-92 NEW. . . . . . . ❑ Zone n jia_,. Type a Lot# Building Department ADDITION . : . ❑ rc '•C Mwy`h` OF THE ALTERATION a / 'TafUn of�8,1JUnIn DEMOLITION. . ❑ c COST .115• A O U] / ASSESSOR'S COPY .� Agawam, Mas AVQ, .Z$r. . i9 92 co V N This certifies that permission is granted. Robert, Pglver4K� , , , . . . , . . , , , to r.emdel. fQr.&hops tr &.S S r Q "`r 1399140114031405. situated at ♦ r r . . .r 1407 & 1409 . . . . . . . . . . . . . . SUffi�ltg' Sta�Adi' ' provided he conforms to the terms of the application on file in this office, the Provisions of Law and the Building and Zoning Ordinances of the Town of Agawam. Any violation of the above noted terms may cause immediate revocation of this permit. o e Building, Size4QX20.7. Area$280 .scar iftht . .1.E.'. -� � c I �" i Do not occupy until CERTIFICATE OF OCCUPANCY issued. f - -"� c a Building lnspec[or y- aQ i Obtain depth of Sewer in street from Town Engineer. Karl Ferret William F. Schoenborn 3 Hunter's Greene Circle Agawam, MA 01001 (413) 786-1080 C, August 1, 2002 Mr, Dennis B. Hopkins Agawam Planning Board Town of Agawam 3 6 Main Street Agawam MA 01001 Dear Mr. Hopkins- I am writing with regard to the request by Fun Farms, LLC for a zone change at 1339 Suffield Street. I am an abutter to that property. While I have nothing against the proposed plan, I am against granting a zone change, If a change is made to Business B. it will allow many other uses for the property, most of which I would object to. I do not doubt the sincerity of Fun Farms, but circumstances change. If the zoning is changed there would be little to stop them or some subsequent owner from putting in a business which would be very detrimental to the residential character of this area. Instead, I would encourage the town to work with Fun Farms to find a way around this situation. Perhaps a variance can be granted, or"Amusement Park" can be redefined to allow Fun Farms to enhance their business without a zone change. I don't know if this letter should be going to the Planning Board at this point or not. If it is more properly directed to the Town Council or some other agency, I would greatly appreciate it if you would forward it to them for consideration. Sincerely, 5 w i AU6 0 6 MP LP ;'S Town .of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 a~ Tel. 41.3-786-0400 Fax 413-786-9927 Agawam Planning Board August 2, 2002 N -- Agawam Town Council 36 Main Street Agawam, MA 01001 Gina M. Letellier, President Robert M. Young,Vice President George Bitzas, Councilor CO Ruth Carr Bitzas Anthony C. Bonavita, Councilor Lowell P. McLane Joseph Mineo, Councilor Richard C. Morassi, Councilor John Negrucci, Councilor Dennis Perry, Councilor Jill Simpson, Councilor Dear Councilors: At its duly called meeting held on August 1, 2002, the Agawam Planning Board voted to send a negative recommendation to the Agawam Town Council for the proposed zone change for Fun Farms LLC. During the Planning Board's public hearing held on July 18,2002 the Planning Board received input from abutters of both the Longbrook Condominium development and Hunter's Greene. Abutters expressed concern over possible future development at the site if the zoning was changed from Business A to Business B. Abutters also expressed concern over the current noise, light and drainage emanating from the site,as well as problems with stray golf ball and offensive language. Attached you will find petitions submitted by the abutters and reviews by professional staff. The Planning Board voted to give a negative recommendation due to concern over the possible future development of the site which would be allowed by right in a Business B zone and the concerns of the residential abutters. 4 0 If you have any questions,please contact the Planning Office at 786-0400, extension 283. Sincerely, Dennis B.Hopkins, Acting Chairman Agawam Planning Board cc: Mayor Clerk Building Inspector Fun Farms LLC E WftristTher C. johnsol* - fo ey at Law 776 Westfieldkreet "best SpringfiekC NA of o89 ?elephone (413) 732-8356 /FAX (413) 737-6866 July 31, 2002 Planning Board Town of Agawam 36 Main Street Agawam, MA 01001 RE: Zone Change- 1399 Suffield Street-Fun Farms LLC Dear Planning Board Members: Thank you for the opportunity to present my client's application for zone change at your July 18, 2002 meeting. During the public hearing, several residents from L.ongbrook Estates Condominium and the Hunters Green subdivision raised several concerns regarding my client's application. I would like to address those concerns via this document and ask that this correspondence be added to your official record. I have separately addressed the concerns of each sets of residents. Concern: Zone Changg v. Special Permit Longbrook Estates Condominium and Hunters Green Subdivision: My client is forced to seek a zone change from Business A to Business B because in February of 2001, the Agawam Town Council amended the Zoning Code of the Town of Agawam by adding a definition for"Amusement Park"in Section 180-2B. The Inspector of Buildings ruled that my client's facility falls under the newly created definition of"Amusement Park" which is not an allowed use in the Business A District Zone. "Amusement Parks"are only allowed in the Business B District Zone according to the Zoning Code of the Town of Agawam. This change(Please see attached copy of building permit issued to prior owner for open air batting cage by Inspector of Buildings on May 9, 1998 indicating that such was an allowed use prior to the Council action.)made my client's facility an existing non- conforming use thereby necessitating a permit from Board of Appeals approval for any change to the facility(see Section 180-7 of the Zoning Code of the Town of Agawam). The Board of Appeals permit process is lengthy(120 to 140 days)and expensive and makes it impractical for my client to seek a permit for any change to its facility. In addition, the courts have said that you may not substantially expand a nonconforming use. The courts have also said that you may not obtain by special permit what amounts to a defacto zone change. As such my client is forced to seek a zone change based solely on the Council's action. Page 1 of 4 JUL 3 1 W 0 9 Concern: Other Uses Allowed in Business B Longbrook Estates Condominium and Hunters Green Subdivision: A review of the Zoning Code of the Town of Agawam reveals that the only uses allowed in Business B(without Board of Appeals approval)which are not allowed in Business A are: amusement parks,bowling alleys and roller skating rinks or arcades; wholesale sales and warehousing; and converting,fabricating,manufacturing,altering finishing or assembling(with 20,000 square foot limit). The change from Business A to Business B does not represent a substantial change in the permitted uses for my client's property. In fact, Business B is more restrictive in several aspects such as the imposition of side yard and rear yard setback requirements and the prohibition of residential uses. I would like to reiterate that my client has no plans either immediate or long term to change the current use(family recreational facility)of his property. The only reason underlying the request for the zone change is to restore the conforming status of the facility. Concern: Visual Impact Longbrook Estates Condominium: There is currently no visual impact from my client's facility on the Longbrook Estates Condominium. The WMECO right of way which is approximately 315 feet wide separates my client's property from Longbrook Estates. None ofmy client's proposed changes to its facility can be seen from Longbrook Estates, and my client's proposed use of a small portion of WMECO's right of way for parking will not be visible from Longbrook Estates. Hunter's Green Subdivision: As part of my client proposed changes to its facility, it plans to add a substantial amount of landscaping(including adding berms)to its border with the Hunters Green Subdivision. In addition,the proposed indoor batting cage will be colored to match the current silos on the property and visual impact of the new facility will be no greater than the current silos. See site plan and attached copies of sight drawings from two of the homes in Hunters Green Subdivision. Concern: Noise Impact Long—brook Estates Condominium and Hunters Green Subdivision: My client retained the services of Michael Jarzabkowski who specializes in design and consulting in architectural acoustics,sound reinforcement, and noise and vibration. Mr. Jarzabkowski determined that my client's proposed changes to its facility with the planned sound attenuation (10 and 12 foot high sound wall sections for bumper boat area and sound insulation for indoor batting cage-see site plan)will result in sound levels of 31 dBA to 32dBA at the houses which are 240 to 290 feet away. These sound levels are far below typical noise regulations requiring noise levels below 55dBA and they are lower than the noise Page 2 of 4 0 0 levels currently generated by the facility. Please note the noise level at Longbrook Estates will be even lower due to its greater distance and the thick vegetation currently in place on the WMEC4 right of way. Concern: Stray Golf Balls Leaving the Property Hunters Green Subdivision: My client retained the services of a nationally recognized golf course architect (The Roger Rulewich Group) to redesign the par 3 course to minimize stray golf balls leaving the property. The result is a plan which redesigns a number of holes to eliminate tees from facing the adjoining properties in Hunters Green. In addition, the plan calls for: the erection of 12 foot high ball barriers on the tees near the Hunters Green subdivision(see site plan); the erection of an 8 foot high barrier fence near Hunters Green(see site plan); >� the addition of berms and landscaping along the property line(see site plan); and the addition of a 20 foot high ball barrier along the Peucker property. (see site plan) If the Peuckers desire a barrier of lesser height, they can communicate same to my client. My client has undertaken at great expense a professional redesign of its par 3 course to minimize the impact of stray golf balls on neighboring properties. Concern: Drainage Hunters Green Subdivision: My client has included with the proposed changes to its facility a drainage plan which will greatly improve the offsite drainage impacts on Hunters Green. When the plan for Hunters Green was approved there was a drainage easement included on the western portion of the property to carry surface drainage north to the wetlands adjacent to South Street. When the original site plan for my client's property was approved,the surface drainage from the property was directed toward the Hunters Green drainage easement. Unfortunately the Hunters Green drainage easement did not function as planned causing drainage problems for residents in the southern lots. My client's proposed changes include the addition of a new drainage detention basin and a positive drainage system which will carry surface drainage from my client's property to the original intended location in the wetlands adjacent to South Street. (see site plan) This will greatly reduce offsite drainage impacts in Hunters Green. Page 3 of 4 Concern: Property Values Longbrook Estates Subdivision and Hunters Green Subdivision: There was no evidence presented at the public hearing which suggested that my client's facility has had any negative impact on surrounding property values. In fact, proximity of residential properties to family recreational facilities and golf courses are listed often as positives for home buyers. In most communities, residential parcels located adjacent to golf courses sell for more than other similar parcels. My client's facility is well maintained from its landscaping to its cleanliness. It is certainly a far more attractive use than other uses currently allowed in the Business A District Zone. In closing, I urge you to act favorably on my client's request for a zone change from the Business A District Zone to the Business B District Zone. The change is necessitated solely by the Council's addition ofa new definition for"Amusement Park". Thank you and please do not hesitate to contact me with any questions. V e truly yours, Christopher . Jo 0 Attorney for Fun F s,LLC Page 4 of 4 TOWN 4F AGAWAM 32770 Building Dept. ReApt May 8, is 98 Received of Twin Silos of P. O. Box 823, Agawam 01001-082 KUM aanaW For_ Building Permit Application for 1399 Suffield St. Lot NO. BUILDING 50 00 ELECTRICAL f, ' - PLUMBING -' Collxiedby TOTAL 50 OO Westfield Savings TOWN TREASURER Ok. #12 7 5 =lr F. Ennis roa san.sssxc asvhcrbCM Whin-ApPlicanl't Copy .Tmasury � 's Copy N4-Accou 's Copy Galdeamd-Buildal Dept.Copy x P6RWT N0- 17 3-9 8 w r t -NEW. . ❑ -Zane _Bus T�pe,A_ Lot # Build jv - epartment $$ s _ L m R,M►y�� OF PE ALTERATION ❑ �Y-o � i ii� l m DEMOLITION. ❑ B lL a C CAST�5 0,0 0.0. ❑ Agawam. Naas. KaY..$s . . i9 98 This certites that permis�;ofs is granted . ROb Tfi Pd1 V 1;c� 1- to CQt18tr'uCt . .$ � bat�Yn� cafe . . l . . . . . . ' . . situated at . . . . . . . . . . �.« �u $ providd he conforms to .orms of the application on file in this office, the-Froyisions of Law"and the BuiI •ng and Zoning q, o L d Ordirnces of the Town j;awam. Any violation of the above noted terms may c e mmediate revocation of his pe it. e On a i�� Size77.x1.1 -. mea . . . . . . • Height . 15' . �� a 13,40t occupy until 1 —iflFICATE OF OCCUPANCY issued. a _ Urbinati� Ruildis;lnspec r $ m' o •obtain depth of Sewer in street from Town Eogine�r. Camay-Otfico Copy.Pink-Assessar's Copy,Gold-lnspeaor5 Cops r' Services Depart. =aI ,'I .wam --- 'v"�Jt'x)h Zits � Z71IF rar �F'3'Lb Mp Uf f i •SO v5 L �! 9= gh'; rF 7 •.� 4�"J J.f. � ,.�-,fir:_: �, , • _ �, V •4 _t �XC " 'mil r�.�� • L) r!~jt , r ' - .;tip _ . . Proposed Silo Dome will not be visible from residential homes on Deer Run Road. Grade at property line and trees will obstruct view of dome. PROPOSED SILO DOME #I8 #24 #32 1 _- - '� '`✓� ___ w1� DEER RUN ROAD I�7, :- .��� � •fib ` J. .. � •�. f _• ••• • � j ` ter, '�� � R ,`•, •sl. Y' ;�'/ - / ., -• •• �_ - �++. 7i..J!••ff - a•:-�•'.,. =•~, ••- - HUNTER'S GREEN CIRCLE - - ' t • � lyl4 1 A rr 1l� Ha s Backy4l'd of fev&er- Resrdence t�vn-k�"s 6�n 6m(c V 5!: • J v }, t � h 1 ,r w F7 � J J ^;�` �� ffrl� 4' r *1� "�'• N�ECG s ,�`F — � �:. i"�U Y*��.�1�1; �" � fir` ,tr '!a�ttst� �v, •:� • 1v$ - `�;- 1. _ .. _ Y•.Yr •S •. .. •+••, _ :•.• • � I -•, - •Vo-,.aaa.!••v , , t:t- a' � I`t♦� `-• ,•a ' .a. .l aa.ti L `;. •;S' _ y♦,.a aa.. '• 'a , ,�.1, l.. a,a. • ,•. ` , a,...♦ \\ ♦ t , l',a 1 ♦.. , - •Wb...,•c. - � al:•l.': - .♦r ,\•, _ ,Gam + •. 1��'a =l,erfr4xw�.>,� a:«:a —� a, • ' a .,. - l a ,`-•,1`' la., .�V.a ♦al..a ♦la ...gll;l2��' �7,i•_ w L>;u\� i.'a�y�a�..'S+«..v.ur\it.. .4 . l r'r. it - , 1 \,.•'t'•t"t♦♦', �l+`•��e1.f•6 4�w;u.,{, .... ,:.ti !� .�:Y�.i ..♦\' ,. .i . - -• a � .. .... + � lk `L-�—1 tom':.' 1 '4i`�all... .. ��-A�Ctue1�.��1ooz ♦.a . . TOWN OF AGAWAM MEMORANDUM z M D M� To: Planning Board CC: File From: Engineering Date: July 18, 2002 Subject: Proposed Zone Change - 1399 Suffield Street-Fun Farms LLC Per your request dated June 10, 2002, we have reviewed the proposal for the subject parcel. As per a discussion between Engineering and Marc Shute of D.L.Bean,Inc. on 7/18/02, Marc is to submit corrected survey data for the subject parcel. We have no further comment at this time. Sincerely, Rick S. Seidnitzer /12nmiMsT. aley,P.E. Civil Engineer I Town Engineer s:lbdappeal102102.wpd TO WN OF AGA WAM CONSERVATION COMMISSION 36 MAIN ST.,AGAWAM, MA 01001 786-0400, ext. 245 MEMO TO: Planning Board FROM: Conservation Commission DATE: July 26,2002 SUBJECT: Proposed Zone Change- 1399 Suffield Street- Fun Farms, LLC The Agawam Conservation Commission discussed the proposed zone change by Fun Farms, LLC for property at 1399 Suffield Street. This property contains area subject to protection under the Massachusetts Wetlands Protection Act,therefore any proposed work on this site would require a filing with the Agawam Conservation Commission. HAK:pre • LONGBROOK ESTATES CONDOMINIUM To: Dennis B. Hopkins Acting Chairman- Planning Board Town of Agawam, MA Date: July 18, 2002 Re: Petition of Dave Kannen, LLC, etc. As a duly elected trustee for Longbrook Condominiums, and at the request of all the trustees, I am requesting a denial of the petition of the above petitioner changing from Business "A" to Business "B" . The area in question will have a decided negative impact on a primArily residential neighborhood, that in a condominium facility such as Longbrook, has a majority of elderly families. The increased traffic, noise, rambunctious behavior of youngsters and those enjoying an "amusment park" atmosphere will have an adverse effect on the tranquillity of our enjoying a normal residential home situation. In addition we feel that we will be faced with a possible increase in crime, and for certain, some malicious damage and trespassing on our grounds. We have had an increase in these areas recently, although this can not be established, it is because of the present situation, we are concerned that this will be a problem in any expansion. It is noted that this year Twin Silos has 24 hr. security. We certainly could not afford this, or put up a "gated" community. In addition I would like to point out that there are some wetlands in or near the area in question. The creek running through have some beaver dams, and possibly some resident beavers, also the woods are nesting areas for several bird species (rose breasted grosbeak,wren,redwing blackbird,wood thrush to name a few) that would lose some of their habitat. I certainly hope that the enviroment will not be further impacted by any changes in zoning. So on behalf of the board of trustees, and the 151 families of Longbrook Estates, I am petitioning the Planning Board to deny the re-zoning request. 1l'�i1/ �• -- Sincer y, t CG ter Nemes u� 37 Dogwood Lane Agawam, MA 01001 We, the undersigned, are not in favor of the zoning changes proposed for the property located at 1399 Suffield St., Agawam MA. It is our belief that the changes from Business A and Agriculture to Business B will result in increased noise, negative impacts on the peaceful enjoyment of our property, potential decline of property values, and unpredictable consequences inherent in an open ended zoning change of this nature. Name Address 31 I acd toLL J 4 U 5 6A90 (J 7 - - CS 8 r-12,e� g / 10 �� 12 _ t Z L 1 14 &A A 15 MM 16 17 18 19 111V -3 0`C�CY � Aevi 20 r �J 'b u to 21 2 � a 23 A r 25 26 AG4 W 27 28 9,1 29 30 l 31Al 32 I � ` 33 ��� Z ? 34 35 I � 37 38 39 4Q 41 July 18, 2002 TO_ TOWN OF AGAWAM, PLANNING BOARD RE: , PETITION OF DAVE KANNEN, FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. sPSAL j� 7 n lax 66 4/6 �6�� t'p-� r July 18, 2002 3 TO: TOWN OF AGAWAM, PLANNING BOARD RE: PETITION OF DAVE KANNEN, FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. t / IA- z�r L�V IL A ". 0 ittdw July 18, 2002 TO: TOWN OF AGAWAM, PLANNING BOARD RE: PETITION OF DAVE KANNEN,FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. /9 9 lzal E. Pit l q, A ld_ j,-A4t(_, July 18, 2002 TO: TOWN OF AGAWAM,PLANNING BOARD RE: PETITION OF DAVE KANNEN,FUN FARMS, LLC, 1399 SUFFIELD ST., FOR A ZONE CHANGE FROM BUSINESS A TO BUSINESS B DISTRICT ZONE. WE, THE UNDER SIGNED RESIDENTS OF LONGBROOK ESTATES CONDOMINIUM, DO NOT APPROVE OF THE ZONE CHANGE AND PETITION THE PLANNING BOARD TO DENY RECOMMENDATION OF THIS ZONE CHANGE TO THE CITY COUNCIL. 76 A. Town of Agawam ' 36 Manx Street Agawam., Massachusetts 01001-1837 yr May, Tel. 41.3-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ZONE CHANGENUN FARMS,LLCI1399 SUFFIELD STREET DATE: DULY 8, 2002 On June 7,2002, the Planning Board received a request for a zone change for approximately 6.28 acres of land owned by Fun Farms LLC from Business A to Business B and approximately .5 acres owned by Westem Massachusetts Electric Company from Agricultural to Business B. The Planning Office has conducted a review of this proposal and submits this report for your information. The land owned by Fun Farms LLC is the location of the Twin Silos commercial and recreational development. The Planning Board approved a Site Plan for this property on August 20, 1992. The approved plan was for the restoration and conversion of an existing dairy barn to be used for retail stores and the construction of a miniature golf and pitch and putt range on the remainder of the site. A copy of the approved plan has been attached. On February 20, 2001,the Agawam Town Council approved a Zoning Amendment which added to Section 180-2 of the Agawam Zoning Ordinance a definition for Amusement Parks. A copy of the definition is attached. Recently, Fun Farms LLC submitted plans to construct an indoor batting range and a bumper boat ride. According to the Inspector of Buildings, these uses are not allowed in Business A which the Fun Farms' property is presently zoned. In order to constructed these amusements,the owner would have to seek a zone change. The Inspector of Buildings decision is attached. - The property owned by Western Massachusetts Electric Company(WMECO)is zoned Agricultural. In a letter dated May 3, 2002, Barbara Charest, Real Estate Analyst for WMECO, stated that WMECO authorizes Fun Farms LLC to utilize approximately 19, 598 sq.ft. of WMECO land for parking. The Agricultural zoning for this parcel does not allow commercial parking, therefore a zone change for this parcel is also necessary. Mrs. Charest's letter is attached. Land Use and Zoning The property in question is located on Suffield Street(Please refer to the attached Parcel Map). The property immediately abutting the parcel to the east is the Hunter's Greene Estates subdivision which was approved in 1987. The property to the south of the WMECO property is the Longview Estates condominium project which was approved by the Planning Board in 1986. The Hunter's Greene property is zoned Agricultural and the Longview Estates property is zone Residence A-3 (Please see the attached Zoning Map). Immediately across Suffield Street from the property is property zoned Business A which is developed with four-family residential buildings. Just to the south of this property is vacant land which is zoned Residence A-1. Uses allowed in Business A include the following (please refer to Section 180-44 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence or an Agricultural District ♦ Retail,banks hotels,dining establishments,halls and office buildings ♦ One-story public garages ♦ Gasoline filling stations ♦ Open-air transient parking(after a Special Permit is granted by the Board of Appeals) ♦ Cabins ♦ Drive-in or Drive-thru restaurants(after a Special Permit is granted by the Board of Appeals) ♦ Drive-thru service windows (after a Special Permit is granted by the Board of Appeals) ♦ Two family dwelling for two housekeeping units. Under the proposed Business B District,the following uses are allowed(please refer to Section 180- 48 of the Zoning Ordinance which is attached): ♦ Any use permitted in a Residence,Agricultural or Business A District ♦ Storage of a maximum of one hundred fifty(150)motor vehicles out of doors for holders of first-and second-class motor vehicle dealer licenses. ♦ Amusement parks,bowling alleys and roller skating rinks or arcades containing three(3)or more pinball or electronic games ♦ Wholesale sales and warehousing ♦ Converting, fabricating, manufacturing, altering, finishing or assembling ♦ Trucking terminals (after a Special Permit is granted by the Board of Appeals). Environmental Considerations A tributary of Worthington Brook flows along the northern property line. This stream is designated on the 1999-2001 Estimated Habitats of flare Wildlife and Certified Vernal Pools Map as a river. Under the Massachusetts Wetlands Protection Act any activity within 200'of the mean annual high water mark of a river would require the filing of a Notice of Intent to the Agawam Conservation Commission. The WMECO property appears to be far enough from any resource area that a filing would not be necessary. 0 i Another environmental consideration would be noise generated by the bumper boats and batting facility. All applicable state and local noise regulations would apply. Also, light leaving the property would be addressed during the Site Plan Review of all new amusements. In addition, the storm water runoff from this parcel has historically caused problems for the down gradient properties in the Hunter's Greene Subdivision. This issue would also have to addressed under the Site Plan Review. Sher Considerations Fun Farms LLC presented its conceptual plans to the Planning Board for the proposed indoor batting range and the bumper boats in April 2002. The minutes for the Planning Board meeting have been attached. t ( b/ PIk W . . CPI_ Cr— TOR-2001-1 AN ORDINANCE AMENDING ARTICLE VII AGRICULTURAL . DISTRICTS OF THE ZONING CODE OF THE TOWN OF AGAWAM BY ADDING SECTION 180-37 F. AND AMENDING ARTICLE I GENERAL PROVISIONS OF THE ZONING CODE OF THE TOWN OF AGAWAM BY ADDING TO SECTION 190-2 B THE DEFINITION FOR AMUSEMENT PARKS WHEREAS, the Town of Agawam Zoning Code ARTICLE VII Agricultural District, Section 180-37, entitled permitted uses, allows for specific,permitted uses of land in an agricultural district; and WHEREAS, use of land for parking and parking lots in an agricultural district are currently not permitted uses; and WHEREAS, the Town of Agawam Zoning Code ARTICLE 1, Section 180-2 B does not contain a definition of Amusement Parks; WHEREAS, allowance of the use of land in an agricultural district for parking and parking lots may alleviate or reduce traffic problems;parking problems and on-street parking, and may improve and enhance public safety; and WHEREAS, it is in the best interest of the Town of Agawam to amend the Zoning Code of the Town of Agawam by adding to Section 180-37 F. and defining Amusement Parks; NOW THEREFORE, BE IT ORDAINED BY THE AGAWAM CITY COUNCIL AS FOLLOWS: That the Zoning Code of the Town of Agawam be amended by adding Section 180-37 F. to read as follows: Section 180-37, Permitted Uses. F. Off-street parking for twenty-four(24) hours or less for motor vehicles when the ! use is an accessory to an existing conforming amusement park containing at least three(3) acres of land adjacent to agriculturally zoned land and by Special Permit. And that the Zoning Code of the Town of Agawam be amended by adding to Section 180-2 B. the definition for Amusement Park to read as follows: ; i Section 180-2 B AMUSEMENT PARK-A commercially operated park with a predominance of outdoor games and activities for entertainment including shows or riding devices, games of skill or chance, or any combination of shows, riding devices, water slides, miniature golf, batting cages or any combination of several enterprises, such as revolving wheels, rnerry go-rounds, giant swings, panoramas, musical and theatrical entertainments, or riding devices, whether carried on, engaged in or conducted as one enterprise or by several concessionaires, and whether an admission fee is charged for admission to all such shows for entertainments, or separate fee for admission is charged for each amusement. Dated this day of 2001. PER ORDER OF THE AGAWAM CITY COUNCIL APPRO AS 0 R M Gi . Letellie , uncil President omas , ity Solicitor s P EXHIBIT D Town of Agawam;,..r :.,�..� .. Inspection Services .DepartmetW .uii .rj _114 0: 32 r BalM ng fi speMon Code Enforcement 36 Main Street,A,gtswmnj MA 01001 Dominic Urbtnad Telephone -(413)786.0400,Ext.21i0 )Richard Hoohd Inspector of Build' ' Fax(413) 786-9927 Scaler of WalgWa&Meaam e �For�ameat Diner Robert Maloul Plumbing itupentm Cross Coanectioa Suwtyar MEMO DATE: March 26, 2002 TO: Planning Board FROM: Inspection Services Dominic Urbinad, inspector of.Buildings RE: The Sand Trap at Win Silos Upon review of the attached proposed site plan for the above referenced louddou,I have made the following determination. The construction of an indoor batting range and bumper boat area to the existing use would th. -n fall into the dcfltuiion of an Amusomcat Park (Sec 180-2B). Amusement Parks are not allowed in a Business A Zone. c: Baystate Environmental Consultants,Inc. Fun Farms, LLC, Dave Kannen attachment ' EXHIBIT B. ! '1`` - O` Northeast0 Q Cadwell Drive 1`\ U�ties System Stem Wneeld,MA 01104-1796 f`l�l y (413)785-5871 May 3,2002 C Mr. Dave Kannen Fun Farms,LLC :5�c 1399 Suffield Street ' tn -� - Agawam, MA 01001 RE: Zone Change-Western Massachusetts Electric Company land f=' 19,599 s.f. of Parcel#597, Suffield Street, Agawam, MA Dear Mr. Karmen: Pursuant to our Letter of Intent and proposed License Agreement regarding additional parking for Fun Farms, LLC on approximately 19,598 square feet of adjacent land owned by WMECO, WMECO hereby authorizes Fun Farms, LLC to matte application to the Town of Agawam for a zone change of this land which may be required for Fun Farms' intended use. If you have any questions or require additional information, please do not hesitate to contact me at 413-787-9531. Very truly yours, (Mrs,) Barbara L. Charest Real Estate Analyst BLC 084315-1 10.95 PARCEL MAP f n a4T� aaT 20020 r o o31AC �444 `4o t r a Q. Ito I sourH 3i2,4 f o I:a Ia �.I h IYOTR b : il .. 7I3-1-13 I 11 f moll ) 12053 Mae too �:• Ix N, i 24277 4 I �sa I T _ I 6.7 AC © !3 0 1 : I �I 53118 I 1 1 ins QQ° I I • 14, 4 b I I v .___Y3Yt4 a h f" 8� tE7ER { 0 EASEMEKT N 1 �s098 =0'•: 1` 1 17 27532 W.M.E.C. 1 e d e R-0-W e I 14.9 AC � a a to a � G 4 / ZO,YING ,UAP r SOUTH 9TR SLEM sCF1c i SOUTH S T 7PATr. rm v C tr HUNTER eft C �. yf UFFIELD COMMONS CONDOMINIUMS REs/..D c va z A-3 RES 1.DEJV C.E B i AGR/C 1!L TLlRE BC/SINESS A it ►3ri'r'r%>= 8uSlwES3 B XNallSTRlA4 A =lvausTR/AL 8 RESIDENCE A-4 § 180-43 ZONING § 180-44 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 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 VII' Business A Districts § 180-44TPermitted use:k 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 shali 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 maior use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. 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 18041 4-1 -zoos § 180-44 AGAWAM CODE § 180-44 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. E. A gasoline filling station, 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 mirror repairing of motor vehicles is permitted. 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. H. [Added 3-21-1994 by TOR-94-1; amended 3-8-2000 by TOR-2000-11 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. (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. 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 18042 4--1-2001 0 ! § 180-46 ZONING § 180-48 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-86-61 § 180-47. Lot coverage. A. No business building shall be erected or altered so as to cover more than fifty percent (50%) of the area of the lot upon which it is located. [Amended 4-7-1986 by TOR-86-61 B. Notwithstanding any other provision of this section, no building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four (4) families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one (1) acre in area and having not less than one hundred fifty (150) feet of frontage on a street. C. Not more than one (1) unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE IX Business B Districts § 180-48. Permitted uses. In any Business B District as indicated on the Building Zone Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) or more of the following: A. Except as otherwise provided in this Article, any use permitted in a Residence, Agricultural or Business A District. 18043 12-10-95 0 0 § 180-48 AGAWAM CODE § 180-49 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. D. The storage of a maximum of one hundred fifty (150) motor vehicles out of doors is allowed to Folders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm machinery, school buses and ambulances is permitted. E. Amusement parks, Bowling alleys and roller skating rinks or arcades containing three (3) or more pinball or electronic games. [Amended 12-7-1981) F. Wholesale sales and warehousing. G. Converting, fabricating, manufacturing, altering, finishing or assembling, provided that in no case is a total of more than twenty thousand (20,000) square feet of floor space devoted to such use. H. Trucking terminals may be allowed only after a public hearing by the Board of Appeals. § 180-49. Height regulations. A business building shall not be erected or altered to a height in excess of three (3) stories or more than forty-five (45) feet. These provisions shall not apply to chimneys, flag or radio poles, water tanks, hose towers or required bulkheads or elevator penthouses. A residence building shall comply with the height provisions for Residence B Districts. Heights of other buildings or structures permitted in § 180-48A shall not exceed the heights permitted in Residence B Districts. 18044 12-10-95 Agawam Planning Board April 18, 2002 Page 5 4. SITE PLAN - Sand Trap - Suffield Street' Attorney Chris Johnson was in attendance representing the owner of the Sand Trap on Suffield Street. This Site Plan was received from the Building Department with a memo from the Building Inspector stating that"Upon review of the attached proposed site plan ....... I have made the following determination. The construction of an indoor batting range and bumper boat area to the existing use would then fall into the definition of an Amusement Park (Sec 180-2B). Amusement Parks are not allowed in a Business A Zone." The proposal is to construct an indoor batting range, bumper boat area and to rearrange four chip and putt holes. Attorney Johnson discussed the zoning issue. He stated that he was unaware of the recent zoning amendment which defines amusement parks. He will address this issue with a zone change request. He then went over the proposal with the members so that any concerns they have at this time can be incorporated into the plan. He stated that the proposed re-design of the chip and putt and the addition of the bumper boats and indoor batting facility will minimize the current problem with golf balls landing on adjacent properties. Also, a new drainage design has been proposed which will result in no loss of existing vegetation. Additional landscaping is also shown and sound barriers will be installed. Thirty-nine (39) new parking spaces shown. He stated that they are hoping for Fall construction. There were several abutters in attendance. Mr. Hopkins agreed to allow them to ask questions. The questions raised were regarding the need for sound barriers; adequate parking; the size of the dome for the indoor batting area and general screening of this property for the abutters. Motion was made by Mr. Shibley and seconded by Mr. Ward to return the Site Plan for the Sand Trap back to the applicant until the zoning issue has been resolved. The following is a list of comments that the Board members have regarding this Site Plan: 1) The new parking lot should be landscaped with a plan showing species, size and location to be submitted to the Board for their approval. 2) The new plan must show how the sound emanating from the bumper boat amusement is being attenuated on the site. 3)The applicant must provide a Iighting plan that provides evidence that there is no spill over onto the adjacent properties. 4) The applicant must provide cross sections showing how the proposed 42' dome for the indoor batting area will look from adjacent properties. 5) The comments raised in the memos from the Planning Department, Engineering Department and Fire Department are to be addressed. VOTE 4-0 SITE PLAN - Giovanni's Pastry Shop - Main Street Tony Russo of Giovanni's Pastry Shop was in attendance to present his Site Plan which shows a 1,950 sq.ft. addition to the existing business and also the addition of a 810 sq.ft. patio outside of the building. Town of Agawam ,1, J 36Main Street Agawam, Massachusetts 01041-1837 Mpl` Tel. 41.3-786-0400 Fax 413-786-9927 July 3, 2002 Dear Abutter: Fun Farms, LLC has submitted to the Town a request for a zone change on property located at 1399 Suffield. The proposal is to re-zone approximately 6.28 acres of land owned by Fun Farms LLC from Business A to Business B and approximately.5 acres owned by Western Massachusetts Electric Co. (leased by Fun Farms LLC) from Agricultural to Business B. The Assessors Office lists you as an abutter and therefore must be notified of the upcoming public hearing. The Planning Board will be holding a public hearing on this request on Thursday, July 18, 2002 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, Dennis B. Hopkins, Acting Chairman AGAWAM PLANNING BOARD DBH/DSD:pre Abutters List 0 Fun Farms LLC Zone Change Request - 1399 Suffield Street Gomes Family Trust Western Mass. Electric Co. 24 Belmont Avenue 174 Brush Hill Avenue Feeding Hills, MA 01030 West Springfield, MA 01089 Mongeau Contractors, Inc. Mark& Lisa-Ann Verville 16 Mockingbird Lane 393 South Street Westfield, MA 01085 Agawam, MA 01001 Larry&Doreen Cross Robert&Susan Leblanc 375 South Street 18 Deer Run Road Agawam, MA 01001 Agawam, MA 01001 William G. Jr. &Eileen King Christine Rinaldi & Scott Looney 24 Deer Run Road 32 Deer Run Road Agawam, MA 01001 Agawam,MA 01001 William Schoenborn Thomas &Teresa Toyfair 3 Hunter's Greene Circle 19 Hunter's Greene Circle Agawam, MA 01001 Agawam, MA 01001 Christopher& Kelly Peucker Marc Lamoureux 4 Hunter's Greene Circle 365 South Street Agawam, MA 01001 Agawam, MA 01001 Steven Beebe Christina& Steven Atwater 15 Deer Run Road 25 Deer Run Road Agawam, MA 01001 Agawam, MA 01001 k 11 ! Edmund &Jeannine Beauvais Robbie& Tracy Kennedy 11 Charest Lane 16 Hunter's Greene Circle Agawam,MA 01001 Agawam, MA 01001 Steven& Susan Tapply Keith Orzolek& Susan Harr 26 Hunter's Greene Circle 36 Hunter's Greene Circle Agawam, MA 01001 Agawam,MA 01001 Aniello &Anna Liquori Kristin &Brett Massoia 303 Talmadge Drive 8 Charest Lane Springfield,Ma 01118-2507 Agawam,MA 01001 Charles F. III&Cheryl Denison William&Faye Reid 18 Charest Lane 33 Hunter's`Greene Circle Agawam, MA 01001 Agawam,MA 01001 John& Susan Gillen Three B Realty Corp. 43 Hunter's Greene Circle 1811 Main Street Agawam,MA 01001 Agawam,MA 01001 Michael &Trina Cardello Michael&Pietrina Cardello P.O. Box 216 1357 Suffield Street Agawam,MA 01001-0216 Agawam,MA 01001 Wayne D. Jr. & Lisa Perry Janet M. D'Entremont 414 South Street 404 South Street Agawam, MA 01001 Agawam,MA 01001 Michael &Jane Mazella Peter Cecchi, Jr. 394 South Street 1342 Suffield Street Agawam, MA 01001 Agawam, MA 01001 Dennis Crowley Dimitri &Anastasia Moysis 32 Shoemaker Lane 1341 Suffield Street Agawam, MA 01001 Agawam,MA 01001 Norbert & Carol Scheerer Charles &Denise Neal 37 Keller Circle 25 Keller Circle Agawam, MA 01001 Agawam, MA 01001 Thomas &Christine Finnie Atrium Property Services 15 Keller Circle 476 College Highway Agawam, MA 01001 Southwick, MA 01077 AU: Jeff Princess Realty,Inc. CIO Attorney Joseph Pacella 67 Market Place Springfield, MA 01103 To 6e run 7/4/02 & 7/11102 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, July 18, 2002 at 7:15 PM at the Agawarn Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Fun Farms LLC for a proposed zone change at 1399 Suffield Street. The proposal is to rezone approximately 6.28 acres of land owned by Fun Farms LLC from Business A to Business 13 and approximately.5 acres owned by Western Massachusetts Electric Co. (leased by Fun Farms LLC) from Agricultural to Business B. The proposal is described in more detail as follows: PARCEL No. 1 - 1399 Suffield Street, Agawam,Hampden County, Massachusetts Currently in the Business A District Zone The land in Agawam,Hampden County,Massachusetts which is bounded and described as follows: Beginning at a point on the easterly line of Suffield Street,said point being the point of intersection of the northerly boundary of land now of formerly of Western Massachusetts Electric Company and Suffield Street,thence N. 15. 35' 16" E. along the easterly boundary of Suffield Street a distance of five hundred seventy three and 72/100ths (573.72) feet to a point;thence NORTHEASTERLY along a curved line at the intersection of Suffield Street and South Street having a radius of sixty and 00/100ths (60.00) feet an arc distance of ninety and 21/100ths (90.21) feet to a point on the southerly line of South Street; thence S. 780 23' 55" E. along the southerly boundary of South Street a distance of two hundred forty four and 70/100ths (244.70) feet to a point; thence S. 150 40' 12" W. along the westerly boundary of other land of Fun Farms, LLC a distance of one hundred twenty two and 41/100ths(122.41) feet to a point; thence S. 78" 35' 35" E. along the southerly boundary of other land of Fun Farms, LLC a distance of one hundred and 03/100ths(100.03)feet to a point;thence S. 150 38'53"W. along land now or formerly of Hunters Greene,Inc. a distance of five hundred seventy seven and 93/100ths(57793)feet to a point;thence S. 370 20'23"W. along the westerly boundary of Lot six (6)of Hunters Greene Estates as shown on a plan of land of Ralph DePalma and Joseph A.Pacella recorded in the Hampden County Registry of Deeds in Book of Plans 281, Page 53, one hundred eight and 43/100ths (108.43) feet to a point on the northerly boundary of land now or formerly of Western Massachusetts Electric Company; thence N. 520 39' 37" W. along the northerly boundary of land now or formerly of Western Massachusetts Electric Company a distance of three hundred eighty six and 43/100ths (386.43) feet to the point of beginning. BEING a portion of the premises conveyed to Fun Farms.LLC by deed of Robert J. Polverari dated October 29, 1998 which is recorded in the Hampden County Registry of Deeds in Book 10505,Page 361, PARCEL No. 2- Leased Land of Western Massachusetts Electric Com any to the North of 1399 Sufeld Street, Agawam, Rajunden County,Massachusetts Currently in the Agricultural District Zone The land in Agawam,Hampden County,Massachusetts which is bounded and described as follows: Beginning at a point on the easterly line of Suffield Street, thence N. 190 59' 16"E. along the easterly boundary of Suffield Street a distance of thirty four and 61/100ths (34.61) feet to a point; thence N. 15" 35' 16" E. along the easterly boundary of Suffield Street a distance of one hundred thirty-two and 97/100ths(132.97) feet to a point; thence S. 520 39' 37" E. along the southerly boundary of land of Fun Farms, LLC a distance of one hundred fifty and 74/100ths (150.74) feet to a point; thence S. 150 27' OS"W. along other land of Western Massachusetts Electric Company a distance of one hundred eleven and 81/100ths(111.81)feet to a point; thence N. 740 24'44" W. along other land of Western Massachusetts Electric Company a distance of one hundred forty two and 93/100ths(142.93)feet to the point of beginning. Said parcel contains 19,598 square feet of area,more or less. BEING a portion of the premises conveyed to Western Massachusetts Electric Company by deed of August Bononu and Angelo Bonomi dated May 11, 1966 which is recorded in the Hampden County Registry of Deeds in Book 3184, Page 658. A copy 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, Acting Chairman Agawam Planning Board (Ad to be run 7/4/02&7111/02) Town of Agawam 36 ;Main Street Agawam, Massachusetts 01061-1837 Tel. 41.3-786-0400 Fax 413-786-9927 o� MEMO TO: Safety Officer Fire Department Health Department Conservation Commission Engineering Departrnent/DPW Board of Appeals School Committee FROM: Planning Board DATE: June 10, 2002 SUBJECT: Proposed Zone Change - 1399 Suffield Street-Fun Farms LLC The Planning Board has been requested by the Town Council to review and make a recommendation on a proposed zone change for Fun Farms LLC at 1399 Suffield Street. The proposal is to rezone approximately 6.28 acres of land owned by Fun Farms LLC from Business A to Business B and approximately.5 acres owned by Western Massachusetts Electric Co. (leased by Fun Farms LLC) from Agricultural to Business B. The Planning Board will be holding its public hearing on this request on July 18, 2002. We would appreciate any comments you may have prior to this hearing. Sincerely, Dennis B. Hopkins,Acting Chairman AGAWAM PLANNING BOARD DBH/DSD:pre To: Planning Board From: Ursula Retzler, Council Clerk Subject: Zone Change Date: June 7, 2002 ZONE CHANGE - from Business A to Business B for parcel No. I - 1399 Suffield St., Aga. , MA & parcel No. 2 - Leased Land of WMECO to the North of 1399 Suffield St. , Aga. , MA Received by Council Clerk from Town Clerk's office on June 7, 2002. Submitted to Planning Board on June 7, 2002. N will ap.pparon d ' s r r . Signed H--'t209 l A ! � PETITION FOR ZONE CHANGE71 WHEREAS, Fun Farms,LLC owns the property located at 1399 Suffield Street,Agawam, Hampden County,Massachusetts which it acquired from Robert J.Polverari by deed dated October 29, 1998 which is recorded in the Hampden County Registry of Deeds in Book 10505, Page 361 (A copy of said deed is attached hereto and marked EXHIBIT A.); WHEREAS, Fun Farms, LLC currently operates the Sand Trap at Twin Silos which is an outdoor family recreational facility featuring miniature golf, a par 3 golf course and food and beverages; WHEREAS, the property located at 1399 Suffield Street, Agawam, Hampden County, Massachusetts is currently in the Business A District Zone; WHEREAS, Fun Farms, LLC has leased a parcel of land to the south of its facility from Western Massachusetts Electric Company(Northeast Utilities)for expansion of its parking area(A copy of the letter from Northeast Utilities granting permission to Fun Farms, LLC to seek a zone change on the leased property is attached hereto and marked EXHIBIT B.); WHEREAS, the leased parcel of land is a portion of the property conveyed to Western Massachusetts Electric Company by deed of August Bonomi and Angelo Bonomi by deed dated May 11, 1966 which is recorded in the Hampden County Registry of Deeds in Book 3184, Page 658(A copy of said deed is attached hereto and marked EXHIBIT C.); WHEREAS, the leased parcel of land located to the south of 1399 Suffield Street, Agawam,Hampden County, Massachusetts is currently in the Agricultural District Zone; WHEREAS, at the time the Sand Trap at Twin Silos was redeveloped and the outdoor family recreational facility featuring miniature golf,a par 3 golf course and food and beverages was constructed it was an allowed use in the Business A District Zone; WHEREAS, in February of 2001,the Agawam Town Council did amend the Zoning Code of the Town of Agawam by adding a definition for"Amusement Park"in Section 180-2B; Page 1 of 4 WHEREAS, earlier this year, Fun Farms, LLC submitted a site plan to the Agawam Planning Board seeking to revise the layout of its par 3 golf course, add an indoor batting facility, add a bumper boat facility, improve and enhance existing drainage and landscaping and expand its existing parking facilities; WHEREAS, the Inspector of Buildings ruled that the proposed changes would fall under the newly created definition of"Amusement Park"contained in Section 180-2B of the Zoning Code of the Town of Agawam which is not an allowed use in the Business A District Zone(A copy of the Memorandum from the Inspection Services Department is attached hereto and marked EXHIBIT D.); WHEREAS, "Amusement Parks" are only allowed in the Business B District Zone according to the Zoning Code of the Town of Agawam; and NOW THEREFORE,Fun Farms,LLC respectfully petitions the Agawam Town Council to change the zoning of the two parcels described below to the Business B District Zone: PARCEL No. 1 - 1399 Suffield Street Agawam, Hampden County. Massachusetts Currently in the Business A District Zone The land in Agawam,Hampden County,Massachusetts which is bounded and described as follows: Beginning at a point on the easterly line of Suffield Street, said point being the point of intersection of the northerly boundary of land now of formerly of Western Massachusetts Electric Company and Suffield Street, thence N. 15" 35' 16" E. along the easterly boundary of Suffield Street a distance of five hundred seventy three and 72/100ths(573.72) feet to a point; thence NORTHEASTERLY along a curved line at the intersection of Suffield Street and South Street having a radius of sixty and 00/100ths (60.00) feet an arc distance of ninety and 21/100ths (90.21) feet to a point on the southerly line of South Street; thence S. 780 23' 55" E. along the southerly boundary of South Street a distance of two hundred forty four and 70/100ths (244.70) feet to a point; thence S. 150 40' 12" W. along the westerly boundary of other land of Fun Farms, LLC a distance of one hundred twenty two and 41/100ths (122.41) feet to a point; thence Page 2 of 4 . i • S. 780 35' 35" E. along the southerly boundary of other land of Fun Farms, LLC a distance of one hundred and 03/100ths(100.03)feet to a point;thence S. 150 38'53"W. along land now or formerly of Hunters Greene,Inc. a distance of five hundred seventy seven and 93/100ths(577.93)feet to a point;thence S. 370 20'23" W. along the westerly boundary of Lot six (6) of Hunters Greene Estates as shown on a plan of land of Ralph DePalma and Joseph A.Pacella recorded in the Hampden County Registry of Deeds in Book of Plans 281, Page 53, one hundred eight and 43/100ths (108.43) feet to a point on the northerly boundary of land now or formerly of Western Massachusetts Electric Company; thence N. 52" 39' 37" W. along the northerly boundary of land now or formerly of Western Massachusetts Electric Company a distance of three hundred eighty six and 43/100ths (386,43) feet to the point of beginning. BEING a portion of the premises conveyed to Fun Farms.LLC by deed of Robert J.Polverari dated October 29, 1998 which is recorded in the Hampden County Registry of Deeds in Book 10505,Page 361. PARCEL No. 2- Leased Land of Western Massachusetts Electric Company to the North of 1399 Suffield Street, Agawam, Hampden CountjMassachusetts Currently in the Agricultural District Zone The land in Agawam,Hampden County,Massachusetts which is bounded and described as follows: Beginning at a point on the easterly line of Suffield Street, thence N. 190 59' 16"E. along the easterlyboundary of Suffield Street a distance of thirty four and 61/100ths (34.61) feet to a point; thence N. 150 35' 16" E. along the easterly boundary of Suffield Street a distance of one hundred thirty-two and 97/100ths(132.97)feet to a point; thence S. 520 39' 37" E. along the southerly boundary of land of Fun Farms, LLC a distance of one hundred fifty and 74/100ths (150.74) feet to a point; thence S. 150 27' 05" W. along other land of Western Massachusetts Electric Company a distance of one hundred eleven and 81/100ths(111.81)feet to apoint; thence Page 3 of 4 1 ! i N. 740 24'44" W. along other land of Western Massachusetts EIectric Company a distance of one hundred forty two and 93/100ths (142.93)feet to the point of beginning. Said parcel contains 19,598 square feet of area, more or less. BEING aportion of the premises conveyed to Western Massachusetts Electric Company by deed of August Bonomi and Angelo Bonomi dated May 11, 1966 which is recorded in the Hampden County Registry of Deeds in Book 3184, Page 658. BOTH PARCELS are shown on a plan entitled"PLAN SHOWING AREA FOR ZONE CHANGE" dated May 23, 2002 by D.L. Bean, Inc., Surveyors and Engineers, a copy of which plan is attached hereto. RESPECTFULLY SUBMITTED, FUN FARMS, LLC BY ITS ATTORNEY Date: June 4, 2002 Christopher John 776 Westfield Street West Springfield,MA 01089 (413) 732-8356 -Telephone - (413) 737-6866 -Facsimile S Page 4 of 4 EXHIBIT A Bi g I O OS t'" 036 Y 820:3G WAItRANTY DFLi D KNOW AIA.MEN BY Tl IBE PRESENTS that 1, R0BEWI'J. POLVN.RARI,of West Springfield, Ilampden County,Massachusetts in consideration of Scvctt Httnclred Thirty-five l'ttousaiid and OO1100($735,000.00) Dollars grant to FUN FARMS, LLC, a Massachusetts Limited Liability Company with a trailing r"j address of 1:399 Suffield Street,Agawam,MA with Warranty Covenants , (lie land in Agawam, Hampden County, Massachusetts, described in Exhibit "A"attached ]terclo and trade a Marl Itereef. C] C� i Being the none premises conveyed to the grantor herein by deed dated June 22, 1992 and d recorded in the Hrtmpdton County Registry of Deeds in Book'80'I, Page q31 . car C�n I3xccu1cd as a scaled instrument INS"Vmday of_. t.� f_ ._ , 1998, `1 79 1 Robert J. Polverad o - C'OMMONW1.I LT1-1 01; MASSACIIUSE17SS'') llantpden, ss. _L Q' �, 1998 Then persomilly appeared (lie above named Robor4 J. Polverari and acknowledged the forcgoilIg instrument to be his frec act and (Iced,before ntc W Co1 +d t fh 1+1 W. �- � ra lfj , Not�a]�r(JyP/ry/]ry`blic � f� ►i T l �. x /My Commission Expires: ,f Il57G1 e1<10 OS PO 62 e2O3G EXHIBIT "A" the land in Agawam, llampden County, Massachusetts, bounded and describe[ as follows: Beginning at a point on the easterly line of Suffield Street said point being the point of intersection of the northerly boundary of land now or formerly of Western Massachusetts Electric Company and Suffield Street, thence N. 150 35' 1G" E. along the easterly boundary of Suffield Street a distance of FIVE HUNDRED SEVENTY THREE and 72/100ths (573.72) feet to a point; thence NORTHEASTERLY along a curved line at the intersection of Suffield Street and South Street having a radius of SIXTY and 00/100ths (60.00)- feet an arc distance of NINETY and 21/100ths (90. 21) feet to a point on the southerly lire of South Street; thence S. 78` 23 ' 55" E. along the southerly boundary of South Street a distance of THREE HUNDRED FORTY FOUR and 70/100ths (344 .70) feet to a point; thence S. 15' 40" 12" W. along the westerly boundary or land now or formerly of Bressett a distance of ONE HUNDRED TWELVE and 7/100ths (112.07) feet to a point; thence S. 15' 38 ' 53" W. along land now or formerly of Hunters Greene, Inc. a distance of FIVE HUNDRED EIGHTY SEVEN and 93/100ths (587.93) feet to a point; thence S. 37' 20' 23" W, along the westerly boundary of Lot six (6) of Bunters Greene Estates as shown on a plan of land of Ralph DePalma and Joseph A. Pacella recorded herewith in Book of Plans—A'91� Page 53 ONE HUNDRED EIGHT and 43/140ths (108.43) feet to a point on the northerly boundary of land now or formerly of Western Massachusetts Electric Company; thence N. 52. 39 ' 37" W. along the northerly boundary of land now or Formerly of western Massachusetts Electric Company a distance of THREE HUNDRED EIGHT SIX and 43/100ths (386.43) feet to the point of beginning. Together with a twenty (20) Foot grading and landscaping easement along the easterly boundary of the premises to be conveyed across the westerly portion of Lots numbered one (1) ; two (2) ; three (3) ; four (4) and six (6) of Hunters Greene Estates as shown on a plan of land entitled "Definitive plan - Hunters Greene Estates - Agawam, Massachusetts's drawn by foresight Land services, dated September 16, 1987 and recorded in the Hampden County Registry of Deeds in Hook of Plans 256, Page 59. Together with the utility easement for the benefit of the parcel conveyed more accurately bounded and described as follows: Beginning at a point on the Westerly end of Hunter's Greene Circle which point also marks a corner of Lot Number Six (6) and a corner of Lot Number Four (4) as shown on said plan; thence N. 74 ' 21' 0711 W along the common boundary between said Lot Number Six (6) and Lot Number Four (4) a distance of NINETY-TWO AND 66/100 (92.66) feet to a point in the easterly line of the benefitted land now or formerly owned by 33alph DePalma and Joseph A. Pacella; thence N. ISO 361 53" E a1Qnq the easterly boundary of land now or formerly of DePalma and Pacella a distance of 'TWENTY AND 00/100 (20.00) feet to a point; thence S. 740 21' 07" E through Lot Number Four (4) a distance of ONE HUNDRED TWO and 88/100 (102. 88) feet to a point in the westerly end of Hunter's Greene Circle; thence SOUTHWESTERLY along westerly line of Hunter's Greene Circle by a curve to the left having a radius of SIXTY and 00/100 (60.00) feet; an arc distance of TWENTY TWO and 46/100 (22.46) to the point of beginning. Together with the utility easement for the benefit of the parcel conveyed nore accurately bounded and described as follows: Beginning at a point on the westerly end of Hunter's Greene Circle which point also marks a corner of Lot Number Six (6) and a corner of Lot Number Four (4) as shown on said plan; thence N 74' 21' 07" W along the common boundary between said Lot Number six (6) and Lot Number four (4) a distance of NINETY TWO and 66/100 (92.66) feet to point in the easterly line of land owned by Ralph DePalma and Joseph A. Pacella; thence S 15' 38 ' 53" E along the land of DePalma/Pacella a distance of ten and 00/100 (10. 00) feet to a point thence; S 74' 21 ' 07" E through Lot Number Six (6) a distance of NINETY and 64/100 (90.64) feet to a point in the westerly and of Hunter' s Greene Circle; thence NORTHEASTERLY along westerly line of Hunter' s Greene Circle by a curve to the right having a radius of SIXTY and 00/100 (60.00) feet, an arc distance of TEN and 21/100 (10.21) to the point of beginning. DONALD E. ASHE, REGISM 1i11 1 M" 1MTRY OF UEA4 EXHIBIT B • Northeast 300 Cadweu Drive Spriqeld, HA Utilities System (4133) 785-587101104 1796 May 3, 2002 0 Mr. Dave Karmen h' Fun Farms,LLC 1399 Suffield Street Agawam, MA 01001 RE: Zone Change - Western Massachusetts Electric Company land -= 19,598 s.f. of Parcel #597, Suffield Street, Agawam, MA Dear Mr. Karmen: Pursuant to our Letter of Intent and proposed License Agreement regarding additional parking for Fun Farms, LLC on approximately 19,598 square feet of adjacent land owned by WMECO, WMECO hereby authorizes Fun Farms, LLC to make application to the Town of Agawam for a zone change of this land which may be required for Fun Farms' intended use. If you have any questions or require additional information, please do not hesitate to contact me at 413-787-9531. Very truly yours, (Mrs.) Barbara L. Charest Real Estate Analyst BLC OS4315-110-95 - �Isitttuat�biwlt nE eur u�ectia lrlav 10.,.... �1966 i y�F Then personally appeared the above named_. 41+ xz --c1utbrrm- and acknowledged the fengaing instrument to be the free act and deed of said Springfield Fire Cents a Savings Bank . i before me, / x0tar7 Dubuc .l BARSARA Fr WMAWON. * ; MY cor,ir�rssrora ExrJar_s ",• MAY 11 19L: 3tY ccmmle iea expires...___ MaRc�i.S�> ---19 r+.1] 2M 6..7 FTT Ai ; G • •A%io gG V FROM l}!L QR!GIHAL. FORM 270 n114 „ TFML.low PnntF.beohers,F.'tlflanC.K r � , that We, AUGUST BONOXI and ANGELO B0110I-IT, both of Agave m, 11,uTden County, Massachusetts, in consideration of One Dollar and other valuation consideration, paid by WESTERN MASSACHUSETTS ELECTRIC COMPANY, the receipt whercof is herchy acknowledged, do hereby give, grant, bargain, sell and convey unto the said ITESTERN MASSACHUSETTS ELECTRIC COMPANT, a corporation duly i organized under the laws of the Commonwealth of Massachusetts and * having a usual place of business at West Springfield, Hampden County, Nrassachusetts, its successors and assigns, The land in said Agawam, more particularly bounded and described as follows: r o PARCEL ONE: A parcel of land lying easterly of Suffield Street an. 1893 County spay now said to be a Massachusetts State Highway, and being more particularly bounded and des- cribed as follows: Beginning at a point marking the first angle point in the easterly side line of Suffield r Street southerly of the intersection of Suffield Street . i with Shoemaker lane; thence N 1.50 59' 50" E'along the easterly side line of Suffield.Street, a distance. of R one hundred thirty-tyro anal 97/l00 (132.97) feet to an iron pipe* thence S 520 200 4511 E' a•distance of six a, hundred sixty-three and 66/100 (6t3.66) feet to an iron .. a �� pipe; thence S 160 39' 4511 E, a distance of one thousand j six hundred thirty-eight and,- 69/100, (1,638.69) feet to an iron pipe, ,the..last tVo courses-being along land of. the Grantors herein; thence S 760 39' 35" If along land r : of the Tennessee;Gas:.Transmission Co.j Registered land, a distance of three hundred aud::50/100 .(300.50). feet to w d an.iron pipe f -thence -N 16 9 0 1�511 W;`a dis tance of one thousand five hundred twenty:Yatir and_71/10Q (I,524.71) - feet to an iron.pipe; thence Y 52c' 20' 45g" 1,T, a,distance t+ask of four hundred sixty-three and 23/100 ..(�63:23). feet to , mr 6n iron".pipe, .the last two courses being along. land of 'the Grantors herein; thence 11100 23! 50!' E along the.' `eesterly..side 19lae:oj• Suffield Street, a-distanne of one hundred eighty-four•and:73/100 (184.73) feet, to. the point of -begs aing.;and containing :14,7S2 ;acres. The above-deseA• 6d parcel 'bf land being a portion of para61 Tdo. .l as desctribed in a,deeA,recorded in Ha�aot3ea County, egistry_af'Meds; ppok;25z0, liege 26. so�:;3184 f�l,; G59 The Grantors reserve to themselves their executors and assigns, the right to locate and to use for all purposes for which a public ro;ay may be, used twi) roadways fifty (50) feet in width, providing said locations do not interfere with any existing structures located upon the above described parcel, the side lines of said road- ways to be at right angles with the northeasterly and southwesterly boundaries of'' said parcel, the exact loca- tion. of said roadways to be mutually agreed upon by the Grantors, their executors and assigns, and the Grantee, its successors and assigns. PARCEL ITIC: A parcel of land located in said Agaw,,Iaa and being Lot No. 5 (five) as shot+n on a. plan entitled, "Plan of land in Agawam, Mass. Ouned by August & Angelo Bonoai," re- corded in said Registry, Book of Plans 94, Page 58, be- more particularly bounded and described as follows: NORTRERLY by Shoemaker lane, one hundred ten (110) feet; WESTERLY by Lot No. 4 (four) as shown on said plan, U-10 hundred eight and 62/100 (208.62) feet; SOUTHERLY by land now or formerly of Wuudlawn Realty Corp., one hundred ten and 03/100 (110.03) feet; and EASTERLY by Lot No. 6 (six) as shorm on said plan, tero hundred six and 70/100 (206.70) feet. 17ta above described parcel being a portion of Parcel 'No. 2 as described in n deed dated January 10, 1956 and recorded in said Regis- try, Book 2520, Page 426. fZo jtare arb to Kalb the granted promises, kith all the privileges and npinu•tatutnets thereto belonging,to the said Western Massachusetts Electric Company successors and its / hiwx and assigns,to Iheir own lisp.and behoof forever. Ana ,ere '`. hereby for ourselves :unl, our heirs, exeeutors, and ndmirtisUui:ois; ruamnni 1011i the grantee and its/ uccessJUI& will assigns, that we are lawfully seized in fee-snnlde of the grunted preinjses; Iflat,they are freo from all ineyinbranacs; that we" have good right to cell and eonwy the same as aforesaid;and that :re Will sad our , heirs, vxmitora, and wiministTators shall (nnrruot and Moth the rune to the. grantee and its successors =h ff and assigns forever against the lawful alaitns.and demunds of all persons. Aph for the F.onsidelatirm aforesaid We hereby iclease unto the grantee and 'I' r nj')fi•tn nut a igns all right of nr to linth BotgeranbjtoslEelenh — alt estate by thn 131004' in the granted premises, and all other rights and inlerests therein. hiletlnti+ set' OUT hands.and heals flay of illtill year tine thousand nine htindr d slid sixty-six. siga it uo4t,d in lni%ence or - - - ty'�,4_tiidi�V YJ' ,,�.�t e.n. _ Li Ll _// a,17''1_nj ( ; Y Augu— "boncilii 8 Lt. �9 �Y - 0.r_o-aaa-�. ge o- onot'3--"— leftwonwitth d0mg thue Its HaMden) ss �� i l f �l 1966 T114•11 prru.n:tilr appeared the above-nnrnetE August Eonomi and AnRQUO Taonorei and :u knuxledi ri) tltr fureguing fnr;trltn tnt to he their free net and dyed, hrfora mr. RECEIVED MAY 11��J6G „r,:r+i,,,hlf� fL4flr` 7}� h Aly cunlrni«inu rslrirrs rp 111 y RfG'D FKc1q UE OVIGINAI s^s lue n,cl�ssl!I�,Wl.nfultNl tY CaS1,�t5S101�E%PIIiC9 1SR�L 1�,L� 'Ynla L7:RnNGlNr;5tATEMCtrr N p,anenl.d to a C" etlinr lar fill.,? urhu.n,{..14e_Veiferm Cam,n.refel Cede, 1 9 Meturl dal• Id { Cobter[,l tL-t N.mn Flall and eddrer,le,i a low .ad hurtyllu)and nddr.rtlerl 1il ,F,��FerF111ne91Pt.tlbde,T7Mi,Mum6n,.ndrllln�GRltl} Perri Conetr+Lctioss P Ys,, 8_=] t larch 4i196b 25 er�Fhnr Street ° " 3 Springfield, lSuaachusatto sprl eette a lift.GOlt1. A.m. Hampda n county Regis try . o �.4 Tld;t. ,ra s:rstnm•'e,Hovers,he J.U. lnq type.for It-rn.r of propnni f b Utica Not Plater Boilerts_, Insit&lUd at�luruse 33 Peros i0r "o � .� •e. �? lat 19# houet 1#4 flatus lhttlre_ Pont camtructim GMpW. Inc it aviar f tba above. —4 >neuttoned rtal estate and Peter Ptrce J4 ltreustli'erF. pa of the Aban tetu4La l ratparaticai t (:o!1w,,.1 er..lso rove:ed I"1 Produc!a of Ca1Ia'eoel o+a.Seo- v.r^d Nc`-yfi ilddlUeneF t4ee!'e presnnlnd LrJ L J L:J - - ......w.. ...,..w�. -_.,.. ��� �.� �...._.... ' MlNAtsDN stxttr4tzir•w....v..w... Thlc statrmeut of terinirallop of i'itlllncing is pre9ont'rFjn o A filing on1mr.for filing pUrSLAnt to the Unlform Commerclat Code. 4'lle Srcurrd Party rortmes that the setureel J7arty no longer claims a security intrrest under t1,e ft:ttincing statement beueilig the tilt nuroibrr shorn ahnvc. $PTI}T Z ZG COfi1PA31 . .................. aled:..................................... . .......................y t b «.. Ssso15tra o1 Swum y': ygnea a1 ttazo:d-11ei Vct:3 un;a era a3! 11lling onicer Copy—AehnowleJgment—.I'ilii i alEtcer is requested Lo riote file number,date and ho r of filing on flak eopq and + `uni it to L11e person filing,as ran aclmowle cnt. to v all 11irn by fl)reir pronits t}1aE PEROS CONSTRUCTION COMPANY, INC. , a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its usual place of business in sprinpfield, Hampden county,Pas sachusetts, For consideration paid,grant to RONALO H. SALIBA and ANN N, SALIBA, husband and rife, both of Springfield, Hampden County,Massachusetts, as tenants by the entirety and not as tenants in common, with Warranty Covenants. Certain real estate situated in Agawams. Hampden Ccuntys Mats sachusetfs, being known and desig;� ted as Lot #Is on a plan of lots entitled "Street and- Lot Layouts of Landon Leonard Street, Apawami Massi, fot, Peron CoAstruction Companyr Inc. by.Smith 5 Waller, dated September 19631I as recorded in Hampden County: Registry of .heeds in Book of Plans 93, Pages 57 and St; said lot .being botinded;and described as follows! 111 �r-- - r,� - - EXHIBIT D Town of Agawam., : . . . . • '�' Inspection Services Deparrtme),02 j Ni _ _= flo, 9U lding.1n.s'Pect0n Code Enforeeinent tea . 36 Main Street, kgawam,MA 01001. Dominic Urbinatl Telephone• (4I i)786-0400,Ext. 210 Itiehard Bosiai Wpectot of Baildicixs Fax(413)786-9927 Seeler of W013bn&Mrastaes unloecezaeat nt�iaer . Hobert Mahal Plumbing lnepeotos Cross Coonectioo surveyor MEMO DATE, March 26, 2002 TO: Planning Board FROM: Inspection Servicesj�. Dominic Urbittati, Inspector of.Bruldings RE: The Sand Trap at Twin Silos Upon review of the attached proposed Site plan Tbr tic above referenced lac:e.tiuu,I have made the following determinalion. The construction c f an indoor batting range and bumper boat area to the existing use would Lhun fall into the dcfini.tioa bf an Amu3cinent Park(See 1 S0-2B). Amusement Parks are not allowed in a Business A Zone. c: Baystate Environmental Consultants, Inc. Fun Farms,LLC, Dave Kannen attachment LOT 1 LOT 2 LOT 3 LOT 4 LOT 6 _ I — t L 1638'53" W I 777.93' 20' WIDE �T?0?.3• rev .ti DRAINAGE— �08 ' LOT 2 g EASEMENT _ �3•_ (A U m S 1V40'12" W 122.41' .' LAND OF -s FUN FARMS LLC, SEE H.C.R.D. BOOK 10505 RAGE 361 AM PLM 900K 251 KM _ � LAND OF AREA= 6.28 ACRES NORTHEAST UTILITIES A v /o t„ S 15'27'05" W 111.81' i - --EXISTING BURL a LEASE AREA z n AREA=19,598 S.F'., -j RL ING EXISTINGDRAJNAGE ^g N w EASEMENT LAND OF NORTHEAST UTIUITIES �90, QO 573.72' 132.97` 34.B1 N 15'35'1V F SUFFIELD STREET ROUTE 75 PLAN SHOWING AREA FOR ZONE CHANGE LOCUS MAP N.T.S. AGAWAM, MASSAC H U S ETTS LOCUS - � �% of#�s FOR: FUN FARMS, LLC. MAM 1399 SUFFIELD STREET E. AGAWAM, MA 7g # 7 DATE: SCALE: =S0 :6 d 9- � Zook I `�' „ - ;i ��. 5-23-2002 CHECKED' M.E.S. "` PLAN N7. SHEE7TNO DIBEAN INC. SURVEYORS & 40 SCHOOL STET ENGINEERS WESTP ELO. MASSACHUSETT8