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8309_SITE PLAN- E.D.S DEVELOPMENT- 305 SUFFIELD ST. an E . 17 . S . 305- D.L. BEAN, INC. M Land Consultants Forty School Street WESTFIELD, MASSACHUSETTS 01085 DATE JOB NQ. (413) 562-7566 July15 2004 FAX (413) 562-2091 ATTFMKM Debbie Dachos TO RE: Agawam Planning Board EDS Develo ment 36 Msin Street Agawam, MA 01001 ---— WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION re 3 7 14-04 1 Proposed Site Plan — EDS Development THESE:ARE TRANSMITTED as checked below: p For approval ❑ Approved as submitted Cl Resubmit copies for approval • For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS y_ . S C rel COPY TO SIGNED: If enclosures are not as noted,kindly notify us at once. arc E. Shute, Sr. V. President 7/ TOWIV OFAGAWAM • a 36 MAIN Sit FET AGA.WAM, MA 01001 T - BOARD OF APPEUS case v, - - rn Filed Hearin Application to Board of Appeals for SPECIAL PER11HT as provided in the Zoning and other By-laws. Everett Suffriti D.B. A. Applicant E.D.S. Development AddreSS 43 Point Grove Road - Southwick, :IA Application is hereby made for SPECIAL_PERMI as provided by. Section 180.7 Paragraph B. of the By-law. corner of Premises affected axe situated on Suffield & Cooper Street; N/A feet distant from the corner of N/a Street and known as street 305 Suffield ni. =Lber Street Ioperty is zoned as Bus "A" A Special Permit is reQuested -for the existing_ single family dwelling which is in a Business A zone. I would like. to. change the building into a_ business use group, which does not conform to Business A-Section I88-44. C=* 70 _ rn � � C N � p a o D 'I)-. L- CO Signature of owner or his authorized agent NOTICE. THIS AAVF.UC 4,TYON MUST BE FII r M OUT IN n%rK OR'TYPEWRIITEN AGAWAM PLgJOWI]IG BOARD FORM D Application for Site Plan Approval Please complete the following form and return it and 10 copies of the Site Plan to: Agawam Planning Board Office of Planning and Community Development 36 Main Street Agawam, MA 01001 1. Name of Business EDS Development Address 305 Suffield Street - Agavam 2. Name of Applicant/Owner Everett Suffriti DBA IDS Development Address 43 Point Grove Road - Southwick, :4A Telephone 3. Name of Engineer/Architect D.D. Bean, Inc. Address 40 School Street Westfield Telephone 562-7566 4. Please give a brief ' description of the proposed project: . This proposal is to convert a vre-exist nonconforming use (residential home) to a Business Use. Rev. 2/14/94 r -r • o - �- Town of Agawam `' •'�� Assessor's Office MPy 36 Main Street, Agawam, Massachusetts 01001-1837 Tel. 413 - 786-0400 x 258 Fax 413 -786-9927 Email: assessor@agawam.ma.us May 24, 2004 Marc E. Shute ' C 40 School Street =Ln �M Westfield, MA `to rl.... Dear Mr. Shute; ". +_j RE: Abutters list for 305 Suffield St.,Agawam,MA(J12 4 6) The attached abutters list for the above-named property has been certified with 28 abutters. If you have any questions,please call. Sincerely yours, Linda M. Morneau, MAA Assessor "r' Page 1 of 6 . t,pFAG Town of Agawam 36,1 MOiA§trseet: :, Agawam, Massaa 1001-167 � p " e�;-413486-0400 Fak 4 43=786-94 .7: p� „ ;�. DATE: May4,_20a4_ CERTIFICATION OF ABIITTERS LIST PROPERTY LOCATION: 305 Suffield Street (Lot 1), Part of MAP # J 12 BLOCK# 4 LOT# 6 CONTACT PERSON NAME: Marc E. Shute, CONTACT PERSON-ADDRESS 40 School Street Westfield. MA CONTACT PERSON-PHONE NUNMER. s62-7566_ A19L=RS J12 Name: New England Telephone Co. Map# $lOc1C# 4 Lot# 3 V Address of property: 349 Rowley Street Address of Owner: P.,o. Box 152206 Irving Tx,750152206 Name: Walter S. & Rose F. Pieciak Map# J12 Block# 3 LOt# 8 Address of Property: 354 Rowley Street - Agawam, MA 01001-1626 Address of Owner: 354 Rowley Street - Agawam, MA 01001-1626 .page 2 of-6 ABUTTERS Name: e en J. Ceberek Nfap" J12 $loGl 3 LC)e 7 t Address of property : 368 Rowley Street - Agawam, MA 01001•-1626 Address of Owner. 368 Rowley Street - Agawam, MA _01001-1626 _ Name: Salvatore Marzano Jr. & Carmela Marzano J12 3 5 ?1dap Blocla Lot.: Address of property : 406 Cooper Street - Agawam, MA 01001•-2139 Address of Owner: 422 Cooper Street - Agawams MA 01001-2139 Name: Alfred P. Pajer apA J12 Block# 3 Lor 6 Address of property : 402 Cooper_Street--_Agawam, MA 01001_2139 Address of Owner: 402 Cooper Street- Agawam, MA 01001-2139 Name: Gary-J. Michnovetz MaP4 J12 BloCL,Y 1 Lod 10 V Address of property: 332 Suffield Street - Agawam MA 01001-2139 Address of Owner: _ ,332 Suffield Street__- Agawam_YA 01001--2139 Patriot Realt Trust Arnold Bruce Jr. J12 6 27 V� Name: y Map# B1ocI� Lot= Address ofproperty : 333 Suffield Street _Agewam, _MA 01001-2139 _ Address of Owner 333 Suffield Street - Agawam, MA 01001-2139 Nam: Alfred P. Pa er Map," J12 BloCk 6 Lots _ 26 Address of property: ,319 Suffield Street, , Agawam, MA 01001 Address of Owner. - 400 Cooper Street'- Agawam, MA 01001-2139 _, _ Page 5 of 6 A.BU7 TERS Name ; John Lesik & Irene Lesik Nfapg J13 Block," 3 Lor.T 8 Address of property: • 317 Cooper Street - Agawam, MA_. 01001-2112 Address ofbv-mm: 317 Cooper Street - Agawam_ MA 01001-2112 _ Name: Mary Levesque _ _ _ Map* J13 Block 3 L©t 7 V Address of property : 311 Cooper Street_ - Agawam, MA 01001-2112 Address of Owner: 311 Cooper Street Agawam, MA 01001-2112 ^� Name: David P. Mc ough & Grechin A. McDonou liMapt J13 131 GKd'" s �.�r 4 Address ofproperty : Senator venue - _ Address of Owner: 99 Wa ne Street - S rfn fie- MA 01118 Name: Amelia Ramah s Joanne M. Ramah ivbp# J13 Blocl►:' 3 LoO. 6 V ,address of property: 297 Cooper Street Address of Owner. . 297 Cooper Street - Agawam, MA 01001-2112 _ Name: Joe Ann Johnson Map4 J13 Block 2 Loc= 4 V Address of property : _ 300 Cooper Street Agawam. MA 01001-21 4 Address of Owner-. _ 300 Cooper Street - Agawam, MA 01001-2164 _ N Debra L. Germain -Map'" __- J13 BI0C 9 2 Lots , Address ofproperiy: , 304 Cooper Street - A awam, MA 01001-2164 Address of Owner. 306 Cooper Street - Agawam. MA 01001-2164 _ Page b of 6 ABUTTERS Conway Joseph & Patricia Trsts / Name : Cooper Street Special Needs Trust Map# J13 BlocI& 2 Loe,2�✓ Address ofproperty:_320 Cooper Street .- Qawim_ MA 0I QQ I-2I 64 Address Of Owner: 320 Cooper StreetAgawam- MA 0I001-2164 Catherine, Agnew, Name: Joanne Ramah, Peter G. Raman & Pat Shaheen A-lap4 J13 Blocle, 2 Lou.-` 51 Address of property : Stanley P ace Address of Owner: 20 Devonshire Terrace, Fast_ Longmeadow, MA 01028 Name: Gerald R. Boucher Mapes J13 Block# 1 La#;� 4 ' !/ AddresS ofproperty : 250 Suffield Street. AgaXam. MA Qt001-174R AddlessofOwner 250 Suffield Street. Agawam. MA QIQnj-174R _ Name: Mao Blocb;:' Locu Address of property: Address of Owner. _ Name: Mapg Bloch:` Ivor—` Address of property: Address of Owner: name: Mapes Blor.I& Lots Address of property: Address of Oovner. Bk 13987 Gg222 #17421 - 03-01--2004 0 O1 u47p 1ViASSAMSEM QUITCLALM DEED KNOW ALL MEN BY THI:SE PRESENT'S that ER1N M. DELOGHIA, an i u ivi&W with a usual address at 121 Fairview Street, Agawam, Hampden County, Mawwhusetts, for consideration paid and in consideration of Five Hvmdred Seventy Nine Thousand ($579,000.00) Dollars hereby grants to EVERI:TT' SUFFRiTI, an individual of 43 Pine Grove Road, Soothiwick,Massachusetts,Hampden County,Massachusetts wym QUITCLAIM.COVENANTS, The land in Agawam,Massachusetts as more particularly described in Exhibit A attached hereto and made a part hereof This conveyance does not constitute a transfer of all, or substantially, all of the Grantor's assets in the Commonwealth of Massachusetts. EXECUTED AS A SEALED INSTRUMENT this 27`h day of February,2004. a ,� - By � b Erin M.Deloghia Cz o . Hampden,ss February 27,2004 Then personally appeared the above-named Erin M. Deloghia and acknowledged the execution of the foregoing instrument to be her free act and deed,before me 2 T-R, • & Paul M. Maleck,Notary Public My Comznission F..xpires: 11/19/10 W � ILWox o N Of o 215445-1 Bk '13987 Pg 223 #17421 EXHiBXT A The land in Agawam,County of Hampden,bounded and described as follows: Beginning at an iron pin at the northeasterly corner of the premises hereby conveyed, thence pinning westerly in a straight line about four hundred two and 19/100 (402.19) feet to a stove monument; thence southerly about one hundred fifty (150) feet to an iron pin; thence westerly one hundred fifty (150) feet to an iron pin; thence northerly one hundred fifty (150) feet to an iron pin, the last three courses being along land now or formerly of S. Isabelle Thrasher, thence westerly on land now or-formerly of one Maynard to an iron pin; thence S. 65"W W. about two hundred three and 32l100 (203.32) feet to an iron pin; thence S. 52° 17"W. about five hundred forty and 60/100(540.60) feet to an iron pin at land of Adams and Crockett, Inc.;thence.easterly on land of said Adams and Crockett, Inc. to an iron pin; thence southerly on land of said Adams and Crockett, Inc. to land now or formerly of Mochis to an iron pin; thence westerly on land of Mochis to an iron pin at land of one Benson; thence southerly on land of Benson and a suet to an iron pin; thence easterly sixty (60) feet to an iron pin; thence southerly two hundred forty (240) feet to am iron pin; thence westerly about three hundred fifty (350) feet to an iron pin at land of one Montagna; thence southerly on land of said Montagna and land of Eugene Gregorini et ux and crossing a brook to an iron pin at land formerly of Stclla Bennett; thence easterly on said Bennett land to an iron pin; thence northerly on.land now or formerly of Randall crossing the Springfield pipe line to a fence; thence easterly on said fence to an iron pin;thence northerly in an irregular line to the point of beginning. Said premises are conveyed SUBJECT TO right of way and right to use spring in common with others as set forth in deed to S. Isabelle 'Thrasher, dated November 10, 1938, and recorded in Hampden County Registry of Deeds,Book 1666,Page 2-21. Said premises are also SUBJECT TO the restrictions that no pigs shall be kept or maintained on said premises. EXCEPTING from said parcel herein conveyed so much as was taken by the City of Springfield by instrument recorded in said Registry, Boole 1377, Page 10 and by deed of Adams and Crockett, Inc. to said City of Springfield dated July 2, 1929 and recorded in said Registry, Book 1428,Page 547. EXCEPTING from said parcel herein conveyed so much as was conveyed by the Grantor to Holiday Retirement Associates V Limited Partnership by deed dated August 5, 1995 and recorded in said Registry,Book 9216,Page 350. EXCEPTING from said parcel herein conveyed so much as was conveyed by the Grantor to Cardinal Drive Agawam Limited Partnership by deed dated August 7, 1995 and recorded in said Registry,Book 9216,Page 352. SUBJECT TO any and all encumbrances,restrictions easements and liabilities of record- -TITLE NOT EXAMINED- Being the same premises conveyed to the Grantor hereffi b deed dated February 27, 2004 of Fresh Start, LLC and recorded just prior hereto in Book 139 Page a a 4 04F, A�� z�ssas z 2 "Off y.llllllSl#� OF OM T- • - �, OF FICE y,N Fq TOWN OFAGAWAM 36 MAIN STREET '� � ' AN It: 16 �• ;!; AGAWAM, MA 01001 BOARD OFAPPEALS June 25, 2004 The Agawam Board of Appeals will hold a public hearing in the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, beginning at 6:30 P.M.,Monday, August 9, 2004, for the following: Case#: 1720 (6:30) Petitioner: Tuckahoe Turf Farms, Inc. Address: 627 South West Street Reason: Seeking to renew a Special Permit (Case#1595) in accordance with Section 180-8, Paragraph G of the Zoning Ordinances which would allow for the removal of sod at the premises identified as 627 South West Street. Case#: 1721 (6:45) Petitioner: Tuckahoe Turf Farms, Inc. Address: 1279 Springfield Street Reason: Seeking to renew a Special Permit (Case#1596)in accordance with Section 180-8,.Paragraph G of the Zoning Ordinances.which would allow for the removal of sod at the premises identified as 1279-Springfield Street. Case#: 1722 (7:00) _ Petitioner: Tuckahoe Turf Farms, Inc. Address: South West Street Reason: Seeking to renew a Special Permit(Case#1597) in accordance with Section 180-8, Paragraph G of the Zoning Ordinances which would allow for the removal of sod at the premises identified as South West Street Page 2 June 25, 2004 Case #: . 1723 (7:15) Petitioner: Tuckahoe Turf Farms, Inc. Address: "The Meadows" on Meadow Street Reason: Seeking to renew a Special Permit (Case#1653) in accordance with Section 180-8, Paragraph G and 180-69, Paragraph C of the Zoning Ordinances which would allow for the removal of sod at the premises identified as "The Meadows" on Meadow Street. Case #: 1724(7:301 Petitioner: 4WE&Suffriti;,dbaI&a,';3�,De�elapment Address: 305 Suffield Street Reason: Seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances which would allow for the conversion of a single family dwelling to a business use at the premises identified as 305 Suffield Street. Case#: 1725 (8:00) Petitioner: Barry Perella Address: 499 River Road Reason: Seeking a Special Permit in accordance with Section 180-69, Paragraph D of the Zoning Ordinances which would allow for the additions to a single family dwelling found to lie within the flood plain at the premises identified as 499 River Road. Advertised: July 22, 2004 and July 29, 2004 Doreen Prouty ' L. Chairperson DP/bb 11sa �r CA i t' - - •�-'..fir;. BOARD OF APPEALS PUBLIC MEETING August 9, 2004 1. Appeal of. Tuckahoe Turf Farms, Inc. Case # 1720 The Agawam Zoning Board of Appeals held a public hearing on August 9, 2004, at 6:30 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Tuckahoe Turf Farms, Inc. which is-seeking to renew a special Permit (Case 91595) in accordance with Section 180-8, Paragraph G of the Zoning Ordinances which would allow for the removal of sod at the premises identified as 627 South West Street. The Chairperson opened the public hearing at 6:30 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Gary.Suffriti. Mr. Steve Donahue, representing Tuckahoe Turf Farms, stated the reason for coming before the Board is for the renewal of a previous Special Permit which was required to be readdressed in five years. Mr. Donahue presented to the Board, information from various sources, on the benefits of turf farming. He also mentioned that all the properties, within the Town which they farm, are irrigated by pond water. No town water is used. Chairperson Prouty explained the 20 day appeal period., closed the hearing at 6:40 P.M. and immediately opened into a public meeting Chairperson Prouty made a motion to call for a vote to approve this Special Permit and was seconded by Vice Chairperson Harpin. The results of which are as follows: Chairperson Prouty yea Vice Chairperson Harpin yea Acting Clerk Suffriti yea A motion was made by Chairperson,Prouty and seconded by member Suffriti to close the meeting at 6:44. All were in favor, none opposed. 2. Appeal of: Tuckahoe Turf Farms, Inc. Case# 1721 w The Agawam Zoning Board of Appeals held a public hearing on August 9, 2004, at 6:45 P.M.,at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Tuckahoe Turf Farms, Inc. which is seeking to renew a special Permit(Case#1596) in accordance with Section 180-8, Paragraph G of the Zoning.Ordinances which would allow for the removal of sod at the premises identified as 1279 Springfield Street. The Chairperson opened the public hearing at 6:45 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Gary Suffriti. Mr. Steve Donahue, representing Tuckahoe Turf Farms, again stated the reason for coming before the Board is for the renewal of a previous Special Permit.which was required to be readdressed in five years. Because this case is the same as Case#1710, Chairperson Prouty explained the 20 day appeal period, closed the hearing at 6:55 P.M. and immediately opened into a public meeting Chairperson Prouty made a motion to call for a vote to approve this Special Permit and was seconded by Vice Chairperson Harpin. The results of which are as,follows: Chairperson Prouty yea Vice Chairperson Harpin yea Acting Clerk Suffriti yea A motion was made by Chairperson Prouty and seconded by member Suffriti to close the meeting at 6:59. All were in favor, none opposed. Page 2 August 9, 2004 3. Appeal of: Tuckahoe Turf Farms, Inc. Case# 1722 The Agawam Zoning Board of Appeals held a public hearing on August 9, 2004, at 7:00 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Tuckahoe Turf Farms, Inc. which is seeking to renew a special Permit(Case#1597)in accordance with Section 180-8, Paragraph G of the Zoning Ordinances which would allow for the removal of sod at the premises identified as South West Street. The Chairperson opened the public hearing at 7:00 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Gary Suffriti. Mr. Steve Donahue, representing Tuckahoe Turf Farms, again stated the reason for coming before the Board is for the renewal of a previous Special Permit which was required to be readdressed in five years. Because this case is the same as Case#1710, Chairperson Prouty explained the 20 day appeal period, closed the hearing at 7:10 P.M. and immediately opened into a public meeting Chairperson Prouty made a motion to call for a vote to approve this Special Permit and was seconded by Vice Chairperson Harpin. The results of which are as follows: Chairperson Prouty yea Vice Chairperson Harpin yea Acting Clerk Suffriti yea A motion was made by Chairperson Prouty and seconded by member Suffriti to close the meeting at 7:14. All were in favor, none opposed. 4. Appeal of Tuckahoe Turf Farms, Inc. Case# 1723 The Agawam Zoning Board of Appeals held a public hearing on August 9, 2004, at 7:15 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street,Agawam, MA, for all parties interested in the appeal of Tuckahoe Turf Farms, Inc. which is seeking to renew a special Permit (Case #1653) in accordance with Section 180-8, Paragraph G of the Zoning Ordinances which would allow for the removal of sod at the premises identified as "The Meadows"on Meadow Street. The Chairperson opened the public hearing at 7:25 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Gary Suffriti. Mr. Steve Donahue, representing Tuckahoe Turf Farms, again stated the reason for coming before the Board is for the renewal of a previous Special Permit which was required to be readdressed in five years. Chairperson Prouty made a motion and it was seconded by member Suf&-iti, not to requite the petitioner to come before this Board again for renewal of these petitions. F Page 3 August 9, 2004 All were in favor, none opposed. Chairperson Prouty explained the 20 day appeal period, closed the hearing at 7:29 P.M. and immediately opened into a public meeting Chairperson Prouty made a motion to call for a vote to approve this Special Permit and was seconded by Vice Chairperson Harpin. The results of which are as follows: Chairperson Prouty yea Vice Chairperson Harpin yea Acting Clerk Suffriti yea A motion was made by Chairperson Prouty and seconded by member Suffriti to close the meeting at 7:30. All were in favor, none opposed. 5. Appeal of: Everett Suffriti,dba E.D.S. Development Case # 1724 The Agawam Zoning Board of Appeals held a public hearing on August 9 2004, at 7:40 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties'interested in the appeal of Everett Suffriti, dba E.D.S. Development, which is seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances, which would allow for the conversion of a single family dwelling to a business use at the premises identified as 305 Suffield Street. The Chairperson opened the public hearing at 7:40 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Joseph Conte. Mr. Marc Shute, Land Surveyor of D.L. Bean, Inc. represented the petitioner. He explained that Mr. Suffriti wishes to convert a non-conforming residential structure into a business building. He does not know, at this time, what type of business would be located at the subject property but emphasized it would conform with Business A regulations. The structure is classified as non-conforming due to an eleven(I F) foot setback off Suffield Street. This proposal has received Planning Board approval. Mr. Philip L. Scoville of 276 Suffield Street spoke of his concerns in regard to traffic safety in this area. Chairperson Prouty explained the 20 day appeal period, closed the hearing at 8:10 P.M. and immediately opened into a public meeting. Chairperson Prouty stated it is her opinion that,based on the information provided,the petition before the Board can be granted. Clerk Conte stated he has no objections, as did Vice Chairperson Harpin. Chairperson Prouty made a motion to call for a vote and was seconded by Vice Chairperson Harpin. The results of which are as follows: Chairperson Prouty yea Vice Chairperson Harpin yea Clerk Conte yea The members then discussed the conditions to be imposed on this Special Permit and agreed to the following conditions: 1. To be built according to the plans submitted 2. All building requirements to be met 3. If proposed driveway proves to be considered a dangerous egress, then such driveway is to be moved to the Cooper Street side of property. 4. Send form into Hampden County Registry of Deeds 5. This Special Permit to become null and void if construction does not commence within two (2) years from the date of this decision. Page 4 August 9, 2004 Chairperson Prouty made a motion and was seconded by Vice Chairperson Harpin to accept these conditions. All were in favor, none opposed. Chairperson Prouty closed the meeting at 8:20 P.M. 6. Appeal of Barry Perella Case# 1725 The Agawam Zoning Board of Appeals held a public hearing on August 9 2004, at 8:25 P.M., at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Barry Perella, who is seeking a Special Permit in accordance with Section 180-69, Paragraph D of the Zoning Ordinances, which would allow for the additions to a single family dwelling found to lie within the flood plain at the premises identified as 499 River Road. Page August 9, 2004 The Chairperson opened the public hearing at 8:25 P.M. She read the legal notice and explained the procedure to be followed. Ms. Prouty then introduced the members of the Board. The members sitting on this case are: Doreen Prouty, Fred Harpin and Joseph Conte. Mr. Perella stated that he wishes to add onto the existing residential dwelling. The proposed additions are to include a bedroom, bath, mud room, covered porch and garage. This petition is before the Board due to the fact that the property lies within the flood plain and the cost of the proposed additions will exceed 50% of the assessed value of the existing structure. Mr. Perella submitted a letter of approval from Mr. Stephen Buoniconti of 507 River Road, a neighbor. The Board members had no questions regarding this petition. Chairperson Prouty explained the 20 appeal process, closed the hearing at 8:30 P.M. and immediately opened into a public meeting. Chairperson Prouty noted that all dimensional requirements will be met. Clerk Conte stated that all elevations shown on the plan are above the minimal elevation required for the property. Chairperson Prouty made a motion to call for a vote and was seconded by Vice Chairperson Harpin. The results.of which are as follows: Chairperson Prouty yea Vice Chairperson Harpin yea Clerk Conte yea The members then discussed the conditions to be placed on this Special Permit and agreed to the following: 1. Built according to the plans submitted 2. All building requirements to be met 3. Submit a Special Permit form to the Registry of Deeds 4. Special Permit becomes null and void if construction does not commence within two (2) years. Chairperson Prouty made a motion and was seconded by Vice Chairperson Harpin to accept these conditions. All were in favor, none opposed. Chairperson Prouty closed the meeting at 8:35 P.M. Page 5 August 9, 2004 . a There was some discussion to amend the previous minutes from the June 14, 2004 and June 28, 2004 meetings. Chairperson Prouty made a motion to accept the amended minutes and was seconded by Vice Chairperson Harpin. All were in favor, none opposed. The members discussed the proposed fee increase for Special Permit applications currently in front'of the City Council. Chairperson Prouty asked if there was any other business to be discussed. There was none. Chairperson Prouty closed the meeting at 8:45 P.M. • / • • � LIGHTING FIXTURES 1W Nautical fixture with frosted Lexan®diffuser. Single light. No.35002WC.Wall mount- 1 Cr height,5"width,4"extension, Max. Price Fanatrcrmric4a No. SKU Color Watts Each 35002WC 547832 Black 60 $19.84 Residential Outdoor Fixtures Wall Mount - 6-Sided - Beveled Glass SIMKAR Lighting High Abuse Indoor/outdoor installations. Polycarbonate, high-impact, UV treated diffusers. Secured with screws.60W max. base up for ible in antique brass, black, white. wet. Lamp UL listed damp location_Wired for 120V 60 Hz.AC operation. Max. Base Price Nam. 249494 SKU Woo Type Each Sale Use Price No. SO In. Lamps Each ihiPB�IAq}�����{r{jI��H�'�N� "�° 660310 5x87c4 1-75 A-19 $19.88 Lanterns Post Mount Floodlight Holder Kits WeatlherTrteTM d4 ;$ Two lamp. Rectangular box,cover, and accessories included. Price No. SKU Each K218BR 956546 $22.63 Floodlight Holder Kits WeatherrdeTM ;lear acrylic beveled panels. Frosted glass chimney. ght. Ht. Wdth. Max. Price SIN In. In. Watts Each 213130 17 10 75 $29.93 Two lamp. Round box, cover, and accessories included. Interior Lighting Pricey Lexano No. SKU Each K212 436585 $11.92 K212SR 596841 11.92 K212WH 596833 11.92 a .! j71 �r MEMORANDUM To: Agawam Planning Board From: Deborah Dachos, Director of Planning and Community Development Subject: Suffriti, 305 Suffield Street Date: December 13, 2005 CC: Town Solicitor During the meeting between Planning Board members, the Building Inspector, Enforcement Officer, Solicitor, Mayor and I held on held on December 7, 2005, there was discussion of the Suffriti site plan and the issue of the paving of the parking lot. Background The Planning Board issued Site Plan approval for the proposed change of use for a residence located at 305 Suffield Street to a business. At the time of the meeting, the tenant of the building had not been determined. The Planning Board approved the Site Plan with two conditions on July 15, 2004. They were: l. Since the intended use of the building has not been determined, the Planning Board could not conduct a parking analysis. As soon as a tenant is secured, the owner must notify the Board so that it can be determined whether the parking is adequate. 2. The parking lot must be paved. The Board of Appeals issued a Special Permit on August 9, 2004. The Board of Appeals did not require that the parking lot be paved. Both decisions have been attached. 0 0 Agawam Planning Board Page 2 December 13,2005 ,Inspector of Buildings Determination During the December Th meeting when asked why the parking lot had not been paved, Mr. Urbinati stated that the Board of Appeals decision supersedes the Planning Board's Site Plan approval. Special Permit vs. Site Plan Approval I have reviewed the Town's Zoning Ordinance to determine whether it states that the Board of Appeals Special Permit powers supersede the Planning Board's Site Plan review and approval powers. I have also consulted with the Town Solicitor on this issue. I find that there are two separate and distinct zoning issues. The first being the Board of Appeals ability to grant a Special Permit for changes of use of non-conforming structures. The procedure for such a Permit is clearly outlined in §180-11 of the Agawam Zoning Ordinance. Section E asks for a report from the Planning Board and authorizes the Board of Appeals to act in the absence of a report. The Planning Board did issue a report to the Board of Appeals in the form of its conditional Site Plan approval. The Board of Appeals references that the Planning Board did approve the Site Plan for the site in its minutes of the Suffriti public hearing. Also contained in Agawam's Zoning Ordinance, §180-13 Site Plans, it says: Site plans prepared and approved in accordance with this section shall be required to assist the Inspector of Buildings in the review of...any use requiring a special permit from the Board of Appeals. The Board of Appeals Special Permit and the Planning Board's Site Plan Approval are two separate and distinct approvals. In the Suffriti case, the applicant should have appealed the Planning Board's paving requirement to the Board of Appeals. Absent that appeal, the applicant had two conflicting approvals. The Inspector of Buildings should not have issued a Building Permit until the conflict had been resolved. Or at a minimum, should not have issued a Certificate of Occupancy until the conflict was resolved. The Planning Board has recourse at this point in time. It can request that the Inspector of Buildings enforce the Site Plan as approved by the Planning Board. Absent action by the Inspector of Buildings or a decision by the Inspector of Buildings not to enforce the Site Plan, the Planning Board can appeal the Zoning Officers decision to the Board of Appeals. I find no discussion in the Zoning Ordinance of Board of Appeals decisions trumping Planning Board's Site Plan approval. If the applicant had appealed the Planning Board's • 0 Agawam Planning Board Page 3 December 13,2005 decision to require paving, the Board of Appeals decision would override the Planning Board's. No appeal was made. The Inspector of Building's ruling in this case is precedent setting and could be applied in the future. 9�o1a �tiy V J�� �•.i, �` to ��~�l �,�` TOWNOFACOAM a��`t. � Q3�a �"t�v A tiQ ,9 36 MAIN STREET AGA WAM, MA 01001 yc, DECISION OF BOARD OF APPEALS o9p y�'1 �RATiyp MP \ti Petition of: Everett Suffriti, dba E.D.S. Development Premises affected: 305 Suffield Street - � Date: August 9, 2004 U; C:) Case #: 1724 01 The Agawam Board of Appeals conducted public hearing and meeting on August 9, 2004, at the Library Conference Room, Agawam Public Library, 750 Cooper Street, Agawam, MA, for all parties interested in the appeal of Everett Suffriti,dba E.D.S. Development, which is seeking a Special Permit in accordance with Section 180-7, Paragraph B of the Zoning Ordinances which would allow for the conversion of a single family dwelling to a business use at the premises identified as 305 Suffield Street. After the public hearing, and after a thorough review of the facts presented, the Agawam Board of Appeals made the following findings: 1. The subject property is located in an area of Town zoned Business A. 2. The petitioner wishes to convert a single family residential dwelling into a business Office. 3. Section 180-7, Paragraph B states that a nonconforming building may be "altered or enlarged in the use, but only after the granting of a permit thereof by the Board of Appeals". 4. Section 180-46, Paragraph A requires a front setback of at least thirty-five (35') feet. The subject property has a front setback of eleven (I 1') feet. 5_ There was no opposition expressed at the public hearing nor received in writing by this Board. 6. The proposed alteration has received Planning Board approval. 7. The Board has found that the specific site is an appropriate location for this use. 8. The Board has found that the use as developed will not adversely affect the health, safety and property values of the neighborhood. 9. The Board has found that there will be no nuisance or potential hazard to vehicle or pedestrian safety. 10. The Board has found that adequate and appropriate facilities and controls will he provided for the proper and safe operation of the proposed use. Based on its findings, the Board is of the opinion that it is within the authority of the Board of Appeals to grant a Special Permit in accordance with Section 180-7 of the Agawam Zoning Ordinances. Page 2 Everett Suffriti, dba E.D.S. Development Case #1724 C C S Therefore, by a unanimous vote of its three members, the Board of Appeals grants the Special Permit subject to the following conditions: 1. The proposed alterations are to be done according to the plans submitted to this Board and signed by the Board members (plans dated June 8, 2004, revised July 14, 2004 by Marc Shute, Land Surveyor, D.L. Bean, Inc. for E.D.S. Development). 2. This Special Permit allows relief from the front setback dimension as required under Section 180-46, Paragraph A of the Business A district. All other zoning requirements are to be met. 3. All state and local building requirements are to be met. 4. If the proposed driveway located on Suffield Street, approved by the Planning Board, proves to be a hazard to vehicular traffic at a future date, then such driveway must be moved to the Cooper Street side of the property. 5. The petitioner shall record with the Hampden Country Registry of Deeds a"Notice of Special Permit" form, which shall be provided by the Board and proof of said filing must be submitted to this Board and to the Inspector of Buildings. 6. This Special Permit shall become null and void of construction does not commence within two (2) years from the date of this decision. Doreen Prouty Fred Fred Harpin ose'oi C to Vj - '� THE dtMONWEALTH OF MASSAMUSETTS CITY OR TOWN BOARD OF APPEALS Date_ August, .9 ,.. 2004 NOTICE OF VARIANCE/ SPECIAL PERMIT i Conditional or Limited Variance or Special Permit (General Laws Chapter 40A, Section IS as amended) Notice is hereby given that a Conditional or Limited or Special. Permit has been granted To: Everett Suffriti , dha' E . D . S . Development _ — Owner or Petitioner Address: 43 Point Grove Road Ci ty or Town Southwick , MA - - ---- - -- - ---• ---- 305 Suffield Street Identify Land Affected by the City I Town of Agawant Board of Appeals affecting the rights of the owner with respect to the use of premises on: 305 Suffield Street Agawam - Street City or Town the record title standing in the name of.- Everett Suffriti whose address is: 43 Pine. Grove Road , Southwick , MA Street City or Town State by a deed duly recorded in the Hampden County Registry of Deeds in Book 13987 , Page 2 2 2&2 2 3 Registry District of the Land Court Certificate # Book , Page The decision of said Board is on We with the papers in Decision or Case# 1 724 in the office of the City/Town Clerk Agawam. Signed this 9 t h day of August 20 04. BOARD OF APPEALS: U��- 7' s,. Chairman Clerk Received and entered with the RegipLer'of Deeds in the County of Hampden, Book , Page at o'clock and minutes M. ATTEST: Register of Deeds Notice to be recorded by Land Owner Town of Agawam' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 July 20, 2004 Everett Suffriti EDS Development 43 Point Grove Road Southwick, MA C Dear Mr. Suffriti: � ^`� N f At its duly called meeting held on'July 15, 2004,the Agawam Planning Board voted to appTDve the Site Plan entitled: "Proposed Site Plan, 305*Suffield Street, Agawam, MA" prepared by D.L.Bean, Inc. and dated June 8, 2004, revised July 14, 2004 with the following conditions: l. Since the intended use of the building has not been determined,the Planning Board could not conduct a parking analysis. As soon as a tenant is secured, the owner must notify the Board so that it can be determined whether the parking is adequate. 2. The parking lot must be paved. If you have any questions, please do not hesitate to contact the Planning Office at 786-0400, extension 283. Sincerely,Ile y Dennis B. Hopkins, Chairman Agawam Planning Board W. Clerk D. L.Bean,Inc. Building Engineering File TowNoFAGAwAm INTEROFFICE i �1 MEMORANDUM v To: Planning Board, Building Department CC: D.L. Bean, J. P. Stone, File From: Engineering Division Date: July 22, 2004 Subject: Site Plan -E.D.S. Development- 305 Suffield Street- SP 444 -REVISED -� We received the revised site plan dated 7-14-04 for E.D.S. Development, 43 Point Grove Road, Southwick, MA; prepared by: D.L. Bean,Inc.,40 School Street, Westfield, Massachusetts;; Scale: 1" =20'. The following comments have not been addressed. 1. The lot layout as shown on the site plan does not reflect the current lot lines. A revised Form A for the'subject site must be submitted and approved before this site plan is approved.. 2. Show the layout of the proposed driveway easement area. If you have questions,please do not hesitate to contact our division. Since ely, ,Oe rg e J. Ho an, P.E. `Town ngineer !' S:1SP1444 EDS Development=sp review.WPD n r G,3�t �,r 0 • AGAWAM OFFICE OF PLANNING & COMMUNITY DEVELOPMENT SITE PLAN REVIEW REVIEWER: D. Dachos DATE: July 13, 2004 DATE RECEIVED: June 25, 2004 DISTRIBUTION DATE: June 29, 2004 PLANNING BOARD MEETING DATE: July 15. 2004 APPLICANT INFORMATION 1. Name of Business: EDS Development Address: 305 Suffield Street, Agawam, MA 2. Owner: Everett Suffriti DBA EDS Development Address: 43 Point Grove Road, Southwick, MA Telephone: Fax: 3. Engineer: D. L. Bean, Inc. Address: 40 School Street, Westfield, MA Telephone: 562-7566 Fax: PLAN REVIEW Scale: V = 20' Date: June 8, 2004 Title Block (Street Address, Applicant's Name, Address, Scale, Name of Preparer of Plan): Property address must be added. Description of Project: Conversion of an existing residential structure to commercial use. Site Plan Review Page 2 Description of Site: Site is an existing residential structure with yard, driveway and parking. Provision for Traffic Flow: Width of driveway and radii must be shown. Parking: The proposed use of the building including the square footage must be provided so that a parking analysis can be conducted. Drainage: See Engineering comments. Public Utilities: Existing Landscaping/Screening and Buffers: More detailed landscape plan should be provided. Sign Location: Not shown. Exterior Lighting: Type and cut sheets of proposed exterior lighting should be provided. Rendering or Elevations: Not necessary. Dumpster Location: Not shown. if a dumpster is to be used in must be fenced, screened and gated. Other Comments or Concerns: TowNoFAGAWAM INTEROFFICE ��ATEIa�p� MEMORANDUM To: Planning Board CC: D.L. Bean, J. P. Stone, File From: Engineering Division Date: July 13, 2004 Subject: Site Plan -E.D.S. Development- 305 Suffield Street- SP 444 Per your request dated June 29,2004,we have reviewed the Site Plan entitled, "Proposed Site Plan, Agawam, Massachusetts"; for: E.D.S. Development, 43 Point Grove Road, Southwick, MA; prepared by: D.L. Bean, Inc., 40 School Street, Westfield, Massachusetts; Date: 6-8-2004; Scale: 1" =20' and note the following: 1. The lot layout as shown on the site plan does not reflect the current lot lines. A Form A for the subject site must be submitted and approved before this site plan is approved. 2. The proposed parcel is less than one acre, thus a storm drain permit and on-site detention is not required. 3. Title Block should contain subject site address. 4. The site plan does not show any increase of impervious areas. Thus, proposed grades are not required. 5. Show the layout of the proposed driveway easement area. 6. Proposed porous pavement radius information is missing(radius nearest existing building). 7. The handicapped space shown must be a minimum of T wide with a level 5' wide aisle adjacent to it. Please show the appropriate dimensions on the site plan. If you have questions, please do not hesitate to contact our division. Sincerely, .1�4 1 /7 AA 14ucelu Rick S.Seidnitzer Borg a J. Ho an, P.E. Civil Engineer I To ngineer SASP1444 EDS Developmentl01 sp review,WPD o� g Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Engineering Dept., Police Dept., Fire Dept. FROM: Planning Board SUBJECT: . Site Plan - E.D.S. Development - 305 Suffield Street DATE: June 29, 2004 Please review and comment on the attached Site Plan for E.D.S. Development at 305 Suffield Street prior to the Board's July 15'meeting. Thank you. DSD:pre P *44 ,heel R. Mercadante Fire Inspector Asattem Fire Department Da to: 7 G 0 4135622* D. L. BEAN INC. 333 P02 SUN 29 104 11:48 LOi1R1[ PxiRa�IRR� �R� PORK b Application for Site Plan Approval plaame caWlete the following form and return it and 10 copies of the site Plan tat AgawM Planning Hoard Office of Planning and Develop ma-t 36 Main Street Agavam" ma 01001 1. Name of Bueinecs tDS Develmmout Address 305 Suffield Street -- ASMFM 2. Name of A.pp�iCant/Ow er Everett Suffriti DAA EDS Development Address _43 Paiut Grove Road-— Southwick, M& Telephone 3. Name of Engineer/ArcMtect D.L. Bean, 1=. Address 40 school Street -- Vestfield Telephone 62-7 4_ Plaa�se give a brief desrriptian of the pxoposed project: Th*,s Pruposat is to convert a Qr��erxf^sti na:+eor�f use (residemtlal hams) to A Business Use. Rev. 2/14/94 �35 (5) BURNING BUSHES W/MULCH Michael R. Hercadante Fire Inspector Agawam Fire pep, rtment Date: 7 G O FEE, _ ... ZONED: AS SHOWN PROPOSED SITE PLA4 AGAWAM. M8SSACHUSETTS- FOR: (OWNER) E.D.S. DEVELOPMENT E.MARr43 POINT GROVE ROAD SMurE SOUTHWICK, MA � } DATE: SCALE: 1 "=20' 6--8-2004 CHECKED: M.E.S. / C.A.D. SHEET N0. �-' T.J.A. 1 OF 1 LBEAN 40 scHooL sTRk INC. _ SURVEYORS & WESTFIELD, MASSACHUSETTS ENGINEERS o�� 9 Town ofgawam 36 Main Street Agawam, Massachusetts 01001-1837 yc� Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Engineering Dept., Police Dept., Fire Dept. FROM: Planning Board SUBJECT: Site Plan - E.D.S. Development - 305 Suffield Street DATE: June 29, 2004 Please review and comment on the attached Site Plan for E.D.S. Development at 305 Suffield Street prior to the Board's July 150'meeting. Thank you. DSD:pre 4135622091D. L. EEAN INC. 333 P02 JUN 29 '04 11:48 amxW PIA BMW FORK D Application for Site Plan Approval Please complete the following form and return it and 10 copies of the Site Plan to: Agana Pianni n Hoard Office of Planning and ! nity Development 36 Main Street Agaves, MA 01601 1. Nam$ of Snsineass ADS Devej2Lmmt Address 3D5 Suffield Street -- Agawm 2. Dams of Applicant/Owmr Everett Suffriti. DBA EDS Davelalm at Address _ _ 43 Point Grove Read_- Southdcti, MA -- Telephane 3. Hama of Engineer/Arr-hi,tect D.L. Bemm,. Inc. Address Oil School Straet _ Westfield Telephone _562-7 4. Plwe give a brief description of Oe pxapooed project: Thh as proposal ie to coavert a- pr mistime. g� onform�ns use (residential home) to a Business Use. Rev. 2/14/94 0 F q TOWN OFAGAWAM �0 9� 3 6 MAIN STREET AGAWAM, MA 01001 BOARD OF APPEALS MEMO DATE: June 25,2004, 2004 TO: Planning Board FROM: Board of Appeals RE: Site Plans for: 305 Suffield Street Everett Suffriti, dab E.D.S. Development Attached please find 10 copies of the site plan for the above referenced property. These plans are for your review and comments, and any recommendations you may have so we can consider these recommendations and comments in our final decision. If you do not respond to this Board within thirty-five (35) days of the above referenced date, we will assume that you have no objections. 10B 717, (� �7 — LOG # Plox # DOCUMENT#..,._ 0-D PAGE 4 t � r ,�•' Mi i / Rt ArA 14T. BI iellS \,W&AA r Cornet / 75 GUY r 0�� ANCHOR LOC U PROPOSED �` 1 lanko �� �Q� la DRIVE-^WAY EASEMENT �Q 1 Yt /iMIV LAME ��� ���/ y ? 1d \ �� �9 �' x 1 5- �'`' t LOCUS MAP \136 G / 071 if-R LAND O) ION i E..D S DEVELOPMFN70XISTING LANDSCAPING LEGEND �. /. � r � ,�� PROPOSED � \ � W GATE POROUS PAVEMENT / CONC � AREA TRAP ROCK AREAT Ql ORNAMENTAL PINE WALK 'X/136.5 $Y r R=�. TO REMAIN 5.00. , NAMF NTAI t c., RHODODENDRON 0��/� 7 TO THE LAIN \� 1 SPIRAL PINEc� C14RMTMAS HOLLY ONG' q5``� LPROPOS )0-1 Qo _ BURNING BUSH .PROPOSED c- PROPOSED i �c� �'�-� LIGN{lNG WALK �, � r•, U.P259 ��E / o� _ �.`•�- p gIT. CONC` ExiSTrNG _� Af PAVE ENT / X 136.2 m �� �41^rc' g/C 5 PAVEMENT M-- �O r.' (SCREENING) _ ~ _ TO REMAIN 9' VA c; 8' 18' cl EYISTING 1 -ND 1 r EDGE OF TRAP R'O(:h ` S 52'1 t '28" W 196.49' �� _--- tIG DPW BOY npvr BOY T -.�—_- --.�.�-�.-- --------- .—i—�--- -•- --------.._— _ EXISTING (5) BURNING BUSHES W/MULCH COOPER STREET NOTES: - o Zo; • BUILDING USE: SALOON/RETAIL ( NO FOOD SERVICE ) ALL PLANTINGS MUST BE MAINTAINED AND THAT PORTION OF THE PUBLIC WAY ABUTTING THE PARCEL SQUARE FOOTAGE: 1180 �(cawv AND INCLUDING THE TREESELT SHALL BE MAINTAINED IN 5�0,� A SAFE AND ATTRACTIVE CONDITION BY THE OWNER OF THE PARCEL" ZONED: As SHOWN V) PROPOSED 305 SUFFIE Pc�-vv\ POROUS PAVEMENT DETAIL LEGEND AGAWAM, MA FOR: CvrrrvCK� TRAP MXK WITH UP .ITr � r��[ w/uu�uBER ,������{���`� E.D.S. DEVELOPMENT FA E. t�°�ESs) F� 259/30 WAIN ::�,�E Q - 43 POINT GROVE ROAD .... °. . .. °. ° ° .. . e _ Q H T F)R V,T .� 8l�tsrE SOUTHWICK, MA Oso°Oeo°poe°°°n°oee°ooe°•°e°p°se°aese°i°,ooe°eo \ ` 3 WN. r [:i;l/1 C , °e°peo°poa°o°e°e.pe��eOes°°i°ooe'• s°p i°°e°aeo°°° \�/\ THICKNESS — �. �7�j � Ylf�� ��5� � rt t DATE: SCALE: 1 =20 r GRAVEL. 81r.S`E °°o°°°oa°°oo°°ooao°a°a°aa X 136.8 Fx,STtN.- =POT PAD[ t. (MAX 3" SI 0 00 0°QQa00 00OQ°°400°00 /- 135 — — -- FxrSnr.,c t DNTnr.iR alp S Y 6-8--2004 CHECKED: M.E.S. - .. � °° °a °a° °°° °°a°°°a°° REV: 7--14-2004 \ \ \ \ \ \ \ \� ] PRc,F[. ��t; tlGrlrfNr (SHADED) T:,Ai:A°. s 1E OF �° CMA*CrM SUBGRADE TRAFFIC ;LOW , D . L . BEAN INC. SURVEYORS & wlom+ As SHOWN ON PLAN ,� �,,�n�-�;s�c �_Ic�rT (sHAnI-D) 40 SCHOOL STREET WESTFIELD, MASSACHUSETTS ENGINEERS