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8312_ZONE CHANGE 271-279 GARDEN ST.- GARDEN PARK LLC It'63i a -ao nQ aang Zo Qi1 - 01,ZT9 L�arc�ev,C-lawJen (irk Q-C_ APPROVED ZONE CHANGE CITY OF AGAWAM IN THE YEAR TWO THOUSAND AND FOUR AN ORDINANCE TO AMEND THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF AGAWAM AS FOLLOWS: The zoning ordinance passed End approved on December 21, 1972, to take effect on January 1, 1973, entitled "Zoning" is fereby amended by changirg Pus;ness B End Agricultural at 271-279 Garden S,t. to all Business B zoning in Agawam, Hampden County, Massachusetts; bounded and described as follows: Parcel 2; Beginning at an iron pin located lip the no+rthei•ly side line of Garden Street and at the sout'nc}^storlf cornf3r of Parcel 2; said iron pin is located eleven a;1d 66f100 (11,66) feet westerl�t of a canccreto hound located in the northerly side line of Garnett Street and marling iho v,esterly temiilius of the 1 P38 town layout of Gamer Street and running the-me; w)p"Yl-i 80° 38' aw VES i along the northerly side fline of Garden StrLot, five llcii'tiiEed thirty- five and 80/100 (535.80) feet to an iron pin at land of 4,'orrnan s1�d Joan VIGNAahon, thence; N101IT-160 47` ,°8'WEST along land of i+McMahan three hundred forty-elg'nj and 3-1/100 (34uo-i) feet to an iron pin @t land of the Corrimanwoch o; Massachusetts; thence i3OR,l'ri € w IJ)' 2s" FAST along lard of the Commormmsalth of IK�sea chusetj;3 on, hundred ninety-eight and A,0/100 (198.40) feet to an iron pig?; the,rtce (TORT' q6" 50' 06" EAST along lance of flee Commonwealth of N%s$«chRsotts two) hurlearcd ninety-six and 27/100 (2191.27) feet to a point at land rim or formerly of the-West Springfleid f=;slh and Gamey Club, Inc.; th nw Sit:!"Y l i ° ;34` a7" Aa'i a(on? land of tl�e Vlfefit Spfing i��ld Fisl1 and Game Ciub, Inc, hree hUHared eighty and 591100 (360.5% Feet to the point oi.boginning. Steven L. Ora.ham Adopted by the Agawam City Council on September 7, 2004 Ursula Retzler Clerk of the Council cc: Bldg. Inspector City Clerk, Mayer Planning Enci neeri ng 4 Town of !kgawam ' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 August 23, 2004 Agawam Town Council Donald M. Rheault,President Robert M. Young, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Dear Councilors: At its duly called meeting held on August 19, 2004, the Agawam Planning Board voted to send a positive recommendation to the Agawam Town Council to approve a zone change for a parcel of land located at 271-279 Garden Street from Agriculture and Business B to Business B. The Board agrees with the Planning Department's report which suggests support for the zone change for the following reasons. First, it appears that at least three of the buildings on the parcel are in violation of the existing zoning. The zone change will be more in line with the existing use of the property. Secondly, by extending the Business B zone line to the rear property line, the existing outdated buildings can be replaced with more modern construction thus generating potentially more jobs and tax revenues. Finally, the proposed use is in keeping with the surrounding neighborhood which is primarily commercial/industrial and will not negatively impact the abutting properties. Sincerely, Dennis B. Hopkins, Chairman Agawam Planning Board cc: Garden Street LLC, Clerk, Building, P:ilIe Town oftgawam 36 Main Street Agawam, Massachusetts 01001-1837 o MP Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Agawam Planning Board FROM: Agawam Conservation Commission SUBJECT: Zone Change - 271-279 Garden Street - Garden Park.LLC DATE: August 16, 2004 At its meeting held on August 12, 2004, the Agawam Conservation Commission voted 5-0 in support of the proposed zone change at 271-279 Garden Street. There is a stream at the back of the property. The Commission feels that this area can be enhanced with the rezoning. HAK:pre o�� 9 Town of Agawam y' 36 Main Street Agawam, Massachusetts 01001-1837 o y`1 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: Proposed Zone Change/271-279 Garden Street/Agriculture & Business B to Business B DATE: August 16, 2004 On July 14,2004,the Town received a request for a zone change for a parcel of land located at 271- 279 Garden Street from Agriculture and Business B to Business B. The property was purchased by Garden Park LLC in November 2004. The property which is proposed to be rezoned is 79,468 sq. ft. or 1.82 acres and is located to the rear of 271 and 279 Garden Street. Please refer to the attached plan. The Planning Office has conducted a review of this proposal and submits this report for your information. There a multiple buildings located on the parcel which is 4.23 acres in size. The buildings date back to 1947 and are used for a variety of industrial purposes. The present owner intends to demolish these buildings and build one or more state-of-the-art industrial buildings. I have attached for your information a number of pieces of information. I have included a copy of the plan submitted by the applicant showing the proposed zoning map change. I have also attached a copy of the Assessor's map showing the property as it is listed for tax purposes. I have also included the tax card information. Land Use and Zoning As stated above, the property for which the zone change is being requested, is zoned Agriculture and Business B. The map submitted by the applicant and entitled"Plan of Land at: #271 -#281 Garden Street, Agawam, Mass." indicates that 275 and 281 Garden Street are located totally in the Agriculture District and half.of 279 Garden Street is located in the Agriculture District. All buildings are located on the same parcel with a 50' utility casement splitting the parcel in half and a 50' Right of Way also splitting the parcel. The Assessor's Map shows that the parcel to the west of is a residence owned by Joan McMahon and Mary Avery and the parcel to the east is the West Springfield Fish and Game Club. The tax cards for these two properties have also been attached. If the zoning is changed from Agriculture to Business B, the following uses would be allowed: (please refer to § 180-48 of the Zoning Ordinance which is attached): A. Except as otherwise provided in this Article, any use permitted in a Residence, Agricultural or Business A district. B. Residential buildings and appurtenant buildings such as garages, sheds,barns, etc.,presently existing in Business B Districts may be added thereto, altered or rebuilt. C. In any Business B District 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 Qf 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. 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. Under the present Agricultural District the following uses are allowed: ( Please refer to § 180-37 of the Zoning Ordinance which is attached.) A. Any use permitted in Residence A-1 or A-2 District. B. Farms,dairies,nurseries,truck gardens,greenhouses and natural ice-harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products, provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut on the premises, if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. Envir n ental C n i erati n i • The property in question is located to the south of the tributary to the pond on the West Springfield Fish and Game Club. The tributary is shown as a river on the U.S.G.S. topographic map. Therefore any activity within 200' of the stream will come under the jurisdiction of the Massachusetts Wetlands Protection Act. Recent wetlands mapping has not been done for the parcel. Prior to any construction on the site, a Request for a Determination of Applicability should be filed. Other Considerations The proposed change from Agricultural to Business B should be supported for a number of reasons. First, it appears that at least three of the buildings on the parcel are in violation of the existing zoning. The zone change will be more in line with the existing use of the property. Secondly, by extending the Business B zone line to the rear property line, the existing outdated buildings can be replaced with more modern construction thus generating potentially more jobs and tax revenues. Finally, the proposed use is in keeping with the surrounding neighborhood which is primarily commercial/industrial and will not negatively impact the abutting properties. PARCEL MAP ZONING MAP N/F COMMONWEALTH OF MA55AC-HU5ETT5 296.27' N 86-50*06' E . .. HATCHED AREA PROP FOR N 88'lV28' E - _­ .. .. . . . .. . .. . . . .. . . . ... .. . . . . . . . . . PEZOtING MOM ACNICULTURE ZC*d= . .. . . . . .. .. . . . . .. . . . . ... . . . .. .. ... . . . .. . . . . . . . . .. . .. .. .. .. .. .. .. .. . . .. . . .. ... .. . . .. . . .. . . . . .. . . . . .. . .. .. . . .. . . .. . . . .. . . .. . . .. .... .. ... . . . . . . . .. . . .. ... . ... . TO BUSINESS B ZONE . .. . . .. .. . .. . .. . . . . . . . ...... . . . . .. . ... . . .. . . . . .. .. ... . . .. . . . . .. . . . . . . . . .. . ... . ... . . . . . . . . .. . . . . . . . . . .. . . .. . . .... . ... ... . .. .. . . . . . . .. . . . . .. . . . ... .. . . . . . . . . . .. . ... .. ... . .. . ... . .. .... . .. . . . . . .. . . .. . . . .. . . . .. .. .. . ..... .. . . . . . . . . . .. . . .... . . .. . . . .. . .. . .. .. . . . . . . . . . . . . . . .... ... . .... . ... .I . . . . ... . . . . . . . . . . .. . . . .. . . . . . . . . .. . .. . . . . . . . . . . . . . .. .. .. . . . ... .. . . . . . . .. . . ... . . .. . .. . . . I . . . . . . .. .. . . . .. . .. .. . . . . . . . . . . .. . . . . .. . . .. .. .... . . . . . . . . . ... .. .. . .. . . . . .. .. .. . . . .. . . . . . . . . . .... . . . .. .... .. .. .. . . .. . . . .. . . . . . . . .. . co .. . ... . . . ... .............................................. .................... . ...... ......... . ... . ........... ............................ ................. ...... . ............. �': .'. . ............. AGRICULTURE ZONE .. . .. . ... . . .. . . . . . . . . . . . . . .. . . I.. . . .. .. ..... . . EXISTING ZONE LINE ----- BUSINESS 8 ZONE RIGHT OF WAY 50, 0279 N/F N N/F NOKMAN + JOAN UTILITY EASEMENT N WE5T 5PKINOFIELD F15H 90 LA MC,MAHON _p_ GAME CLUD, ING. PARCEL 2 4.23 ACRES CiED N 89"38'00' W 535.80' GARDEN STREET (1971 LAYOUT - 50.00' WOE) THE BOUNDARIES OF THE PREMISES DEPICTED HEREON ARE SHOWN AS PARCEL, 2 ON A PLAN RECORDED IN HAMPDEN COUNTY REGISTRY OF DEEDS (HCRD) BOOK OF PLANS 280, PAGE 73. SEE DEED RECORDED IN HCRD BOOK 13930, PAGE 63 FOR GARDEN PARK, LLC TITLE TO SAID PARCEL 2. PLAN TO ACCOMPANY ZONE CHANGE APPLICATION THE AREA OF THE PARCEL PROPOSED FOR REZONING IS 79."B S.F. OR 1.82 ACRES. APPLICANT: STEVEN L. GRAHAM PLA OF QWKER: &As!-QW PA7V_ —LLC. NOF LA 1 -0 z7l - 'f_z8_f 6A_Rpw DANIEL W. .... ADDRtrw--q- - A&AUJAKI MASS - 4 O'BRIEN 17.7 0 ATE: ALE: I No. 36388 AAMPOEJJ 9&H'rr 5—wx Or PLANS: 280 RA �ULX A. 2 0 C)�L sc 2— PAQ E NQ: LOT NM. 0 SMITH PL.A N NWO. L DEED BOOK.- IM-2,0 IWA3s L ic. No. SMITH ASSOCIATES IPAG E 1 3 SURVEYORS. INC. REsID��rcE q-� •. RESlDE/VCE A-3 RES/DENCE' B Eno AGR/C uL Tr/RE- w;.rr*�%r rt is ayslwEss B 1NDt/S TRIAL A 1'NDC/STR/AL B ' RESIDENCE A-4 DEPALMA S N •�i - a ai y�/ MEMORIA1. D a A ZV% &2 7) —,291 O Q Q �Q�F�� r/�,��% /✓ L / ' 4Y r % MW11 rr/ �� .� _8OA § 180-46 ZONING § 1804.9 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 § 18044A 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 Distr3c: 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 i Residence, Agricultural or Business A District. I i 180Q 12-10-98 § 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 indcated on the Building Zone Map, no new building or other structure shall be erected for residential purposes unless the land so looted 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-lass motor vehicle dealer licenses. Body and fender worts 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 § 180-50 ZONING § 180-53 § 180-50. Setbacks; yards; loading areas. A. Setbacks and rear yards shall be at least thirty-five (35) feet in their least dimension. 3 B. Side yards requirements shall be a minimum of ten (10) feet, except adjacent to residential or agricultural zones, at which time it would be frfteen (15) feet. [Amended 47-1986 by TOR-86-61 C. Space shall be provided for vehicle parking and for the loading and unloading of all materials, equipment and merchandise on the premises and entirely off the traveled way, with such additional space as may be necessary to provide free and easy access to that portion of the building so as not to interfere with traffic on the public way. Loading and unloading are prohibited on the front of any building. D. A building devoted in whole or in part to residence uses shall comply with the requirements for setbacks, side yards and rear yards of the Resident B District F § 180-51. Lot coverage. [Amended 4-7-1986 by TOR-86-61 No business building shall be erected or altered so as to cover more than if fifty percent (50%) of the area of the lot on which it is located. A building devoted in whole or in part to residence or other permitted purposes in § 1804M shall comply with the requirements of lot coverage in Residence B Districts. • s § -180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-61 No lot shall have a frontage of less than one hundred (100) feet on a street or an area less than ten thousand (10,000) square feet. § 180-53. Landscaping. +i To assure that structures in Business B Districts shall be reasonably attrac'ave in appearances, 'the builder or his representative shall submit to :he 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 M il Ik 18045- 12—10—ss �a. § 180-53 AGAWAM CODE § 18G-55 business building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms in appearance to the drawing submitted. § 180-54. Lumberyards; residences; gasoline stations. A. Secondhand lumberyards and secondhand buildings material yards are prohibited. B. 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 govemed by the provisions of such permit. ARTICLE X Industrial District A § 180-55. Permitted uses. [Amended 11-9-1994 by TOR-94-711 In any Industrial District A as indicated on the Building Zone Map, no building I or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except one (1) of the following: A. Any business or agricultural use permitted in an Agricultural, Business A or Business B District. B. Any industrial purpose, except those contained in the following list, I which may be allowed only after a public hearing before the Board of Appeals: (1) Acetylene gas, cyanide compound or oxygen manufacture. Editors Nora: This ordinance orovided for the repeal of former Subsection A and the renumoering of `owner Subsections 8 and C to A and 8,reaoacnvety. 18046 12-10-95 i 180-34 AGAWAM CODE § 180-37 accessory buildings shall be placed not less than ten (10) feet from the rear lot line. § 180-35. Lot sip— No lot shall have a frontage of less than one hundred (100) feet on a street or an area less than twelve thousand (12.000) square feet. § 180-36. Lot coverage No principal building shall be erected or altered so as to cover more than forty percent (40%) of the area of the lot on which it is located. ARTICLE VII Agricuttural Districts s § 180-37. Permitted uses. In any Agricultural, District as indicated on the Building Zone Map, no building or other structure shall be erected. altered or used and no land shall be used or occupied for a purpose except one (1) or more of the following: A Any use permitted in a Residence A-1 or A-2 District. B. Farms. dairies, nurseries. truck gardens, greenhouses and natural ice- harvesting activities and buildings or structures accessory thereto. C. Buildings or shelters for the sale of farm products. provided that a major portion of the products offered for sale at all times are raised on the premises and no advertising of products other than those raised on the premises shall be displayed. D. The processing of forests and wood lots by portable woodworking mills and machinery for processing wood cut an the premises. if approved by the Board of Appeals. E. Airports and landing strips and buildings or structures necessary thereto, if located west of Suffield Street. 18038 § 1-80-38 ZONING § 180-42 § 180-38. Height reguladixl . Buildings or structures permitted in this zone under § 180-37A shall not exceed the heights permitted in § 180-24 of this chapter. For other buildings permitted by this Article, the height limitation shall be fifty (50) feet. . f § 180-39. Setbadc requirements. A Buildings and shelters for the safe of farm products shall be at least thirty-five (35) feet from the street line. B. Dwellings with or without attached garages shall be at least thirty-five (35) feet from the street line. All other buildings of whatever description ! shall be at least one hundred (100) fleet from the street line. ' �I § 18Q40. Yards. �I A Side yards. There shall be a side yard between any building and any side lot line. It shall comply with the side yard requirements of the nearest residence district measured in a direct or air line.. B. Rear yards. For a residence. accessory building or other structure. the rear yard shall comply with the rear yard requirement of the nearest residence district measured in a direct or air line. j § 180-41. Lot size. No lot shall be used for residence purposes with a frontage of less than one hundred twenty (120) feet on a street or an area of less than twenty thousand (20.000) square feet. § 180-4Z tart coverage- mere shall be no lot coverage regulations in this district. 18039 1 § 1.80-43 AGAWAM CODE § 180-43 § 1 w 4a Special use requirements. A Landscaped administrative offices. laboratories devoted to research. design or experimentation and processing and fabrication incidental thereto and appurtenant buildings consistent with and designed to promote .and benefit the value and use of property in residential districts or in areas which are predominantly residential although partly lying in less restricted districts, provided that no materials or finished products shall be manufactured, processed or fabricated on such premises for sale except such as are incidental to such laboratory research, design or experimentation conducted on such premises. B. The special use established must be on plots having a minimum of twenty (20) acres, must have a two-hundred-foot front yard and one hundred (100)yards along all other lot lines and must provide off-street parking for employees and visitors. Pointed masonry block and cinder block walls with struck joints will be permitted for rear and side walls of buildings. Brick masonry exterior walls. curtain walls of decorated colored aluminum, enameled colored steel. stainless steel walls and glass walls are permitted for exterior uses. If the front yard is on an interior lot line, two hundred (200) feet of setback shall apply to this lot line. The only sign permitted must be in front of the building and subject to Planning Board approval. Traffic directional and parking signs must be not more than four (4) feet high from the ground level. Not over twenty-five percent (251/6) of the land shall be used for building purposes. C. Landscaped rest homes or convalescent homes, except those for contagious diseases. for the care of drug or liquor patients. for correctional purposes or for the rare of the insane or feebleminded. Rest homes or convalescent homes must be on plots having a minimum of ten (10) acres, must have a one-hundred-foot front yard and fifty-foot yards along all other lot lines and must provide off-street parking for employees and visitors. Not over twenty--five percent (25%) of the land shall be used for building purposes. 0. Nonprofit golf courses shall be permitted. Goff courses operated for prom shall be permitted with that portion of land covered by a clubhouse to be zoned Business A. AIL golf courses must be on plots having a minimum -of severity-five (75) acres. 18040 i • Proposed Zone Change Submission by Applicant Carlson&Schmitt Architects,Inc. Letter of Transmittal To: Agawam Town Council Date: 07/16/04 Town of Agawam Job No. 36 Main Street _Agawam, MA 01001 Re: 271-279 Garden Street—Zone Change We are sending you: X❑ Attached ❑ Under separate cover via: ❑ Shop Drawings ❑ Prints ❑X Plans ❑ Specifications X❑ Copy of Letter ❑ Change ❑ Samples ❑X Other Order Copies Date No. Description 1 06/14/04 Zone Change Petition —signed copy submitted previously 1 06/10/04 Locus Plan 1 Exhibit A-- Description of Property- updated 1 July 8, 2004 Zoning Plan of Land - updated ' 1 06/14/04 1011 Check $500.00 deposit to pay for legal advertising copy These are transmitted as checked below: ❑ Approved ❑ Approved as noted ❑ Rejected [X] For your use c-: ., o c D t7 cc: Steven L. Graham >i= N :EM From: Kevin Rothschild-Shea 3M D 3:� as WAMFGVoner plasticslMiscltoner plastics transmittal zone change resubmittal 071604.doc b 1$outh End Bridge Circle Agawam,dlanachuscus 01001 (413)786-5556 telephone (413)786-6130 fax www.carlson-schmitt.com THE TOWN COUNCIL AGAWAM, MASSACHUSETTS DATE: JUNE 14, 2004 THE UNDERSIGNED RESPECTFULLY PETITIONS Zone Change 271-279 Garden Street Agawam, Massachusetts The parcel is currently zoned Business B and Agricultural. I respectfully request a zone change for the Agricultural portion of the parcel to Business B, creating a parcel with contiguous Business B zoning_ The proposed change in zoning is reflected on the attached Survey/Zoning exhibit. The requested zone change is restricted to the rear (Northern portion) of the property, setback 200 feet north of the Garden Street property line. The entire site has, and is being used as commercial, business and light industrial, with the buildings in use constructed around 1947_ The agricultural portion of the property, which abuts wetland areas to the North and Industrial Zones to the East, is not likely to be utilized for agricultural purposes and has not been utilized for this purpose. This change will not be a detriment to the region and will allow for the continued appropriate use of the site. Thank you for your consideration. Respectfully submitted, Steven L. Graham Garden Park LLC -TUL.16.2004 12:10PM & WILSON 413 739 7740 . N0.392 P.2/2 EXHIBIT A A certain piece or parcel of land located in Feeding Hills, Hampden County, Massachusetts, designated as Parcel 2 (two) as shown on a plan entitled: "Plan to Accompany Zone Change Appilcation Applicant: Steven L, Graham: Plan of Land at: #271-281 Garden Street, Agawam, Mass, Date: July 8, 2004 Scale 1" = 80' Smith Associates Surveyors, Inc, Owner Garden Park, LLC Book 13930, Page 63 (the "Plan"), being bounded and described as follows: Parcel 2: Beginning at an iron pin located In the northerly side line of Garden Strut and at the southeasterly comer of Parcel 2; said iron pin is located eleven and 66/100 (11.66) feet westerly of a concrete bound located in the northerly side fine of Garden Street and marking the westerly terminus of the 1988 town layout of Garden Street and running thence; NORTH 89" 38' 00" WEST along the northerly side line of Garden Street, five hundred thirty- five and 801100 (535.80) feet to an iron pin at land of Norman and Joan McMahon, thence; NORTH 60 47' 48"WEST along land of McMahon three hundred forty-elght and 341100 (346,34) feet to an iron pin at land of the Commonwealth of Massachusetts; thence NORTH 880 18' 28" EAST along land of the Commonwealth of Massachusetts one hundred ninety-eight and 40/100 (198.40)feet to an iron pin;thence NORTH 860 50' 06" EAST along land of the Commonwealth of Massachusetts two hundred ninety-six and 27/100 (296,27) feet to a point at land now or formerly of the West Springfield Fish and Game Club, Inc,; thence SOUTH 120 34' 57" EAST along land of the West Springfield Fish and Game Club, Inc, three hundred eighty and 59/100 (360.59) feet to the point of beginning. The above-described parcel contains four and 23/100 (4.23) acres, more or less. SUBJECT to pole and line rights of Western Mass, Electric Company and New England Telephone and Telegraph Company as set forth in instrument dated September 19, 1952, and recorded in Hampden County Registry of Deeds in Book 2198, Page 501. SUBJECT to a 30 foot sanitary sewer easement as set forth on the Plan, SUBJECT to a 50 foot right of way easement as set forth on the Plan. SUBJECT to a taking and easements for relocated of Route 57 recorded in Hampden County Registry of Deeds, Book 6877, Page 372, SUBJECT to an Easement Agreement dated March 31, 1992 recorded in Book 7994, Page 102. Being the same premises conveyed to the Grantor herein by Executor's Deed of Bayl3ank, Executor of the Estate of Alfred M. Provost dates! March 31, 1992 and recorded as aforesaid in Book 7994, Page 100. 333142 I �lN 14 :..3.: u..' 'M1= •'�":;:.. .t'.y3'_:... MrF� s -P y `. 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' � e _1 � A N ✓���^ Tax Card Information 0 Page 1 of 1 Card 1 of 5 Next Card Last Card Location 271 GARDEN ST Parcel ID G8 2 5 Current Propeq Mailing-Address Owner EIGENBROD RONALD H City NEW HARTFORD State CT Address P.O. BOX 368 Zip 06057 Zoning IB Current Property Sales Information Sale Date 3/31/1992 Legal Reference 7994100 Sale Price 245,000 Grantor Seller PROVOST A Two Year Prior Assessment Histo Fiscal Year 2002 Fiscal Year 2003 Property Use 400 Property Use 400 Total Value 250,400 Total Value 264,900 Current Propeqy Assessment Fiscal Year 2004 Building Value 140,000 Land Area 4.230 acres Land Value 124,900 Total Value 264,900 Narrative Description his property contains 4.230 acres of land mainly classified as FACTORY with a(n) INDUST-LT style building, built about 1947 , having CONC BLOCK exterior and METAL roof cover, with 1 unit(s), 0 total rooms 0 total bedrooms 0 total baths 1 total half baths . Click Images to Enlarge 64 Y 72 102 7T0 22 TFL (12Ta) 21 to CW +: ax) +12 +s +e http://www.patriotproperties.conVagawam/summary-bottom.asp 8/16/2004 • Page 1 of 1 Card 1 of 1 Location 329 GARDEN ST Parcel ID G8 2 6 Current Prop2_q Mailing Address Owner W.S. FISH & GAME CLUB INC City FEEDING HILLS State MA Address 329 GARDENST Zip 01030-0025 P.O. BOX 25 Zoning BB Current Property Sales Information Sale Date 1/2/1968 Legal Reference 3311 397 Sale Price 0 Grantor Seller Two Year Prior Assessment History Fiscal Year 2002 Fiscal Year 2003 Property Use 038 Property Use 038 Total Value 246,081 Total Value 251,182 Current Property Assessment Fiscal Year 2004 Building Value 113,800 Land Area 11.000 acres Land Value 170,282 Total Value 284,082 Narrative Description This property contains 11.000 acres of land mainly classified as COMIREC with a(n) LODGE style building, built about 1900 , having VINYL exterior and ASPHALT roof cover, with 1 unit(s), 0 total room s 0 total bedrooms 0 total baths 4 total half baths . 22 rrL (7az) s• m e r z ti 1 7 ran e rrY orr x" LLY n� 12 20 12 8 Orr SO 43 �z) 12 M 0 http://www.patriotproperties.com/agawanVsummary-bottom.asp 8/17/2004 0 • Page 1 of 1 Card 1 of 3 Next Card Last Card Location 257 GARDEN ST Parcel ID G8 2 Current Property Mailing Address Owner MCMAHON JOAN M City FEEDING HILLS AVERY MARY A State MA Address 257 GARDEN STREET Zip 01030-2507 Zoning BB Current Property Sales Information Sale Date 3/7/2001 Legal Reference 11532-68 Sale Price 1 Grantor Seller MCMAHON NORMAN J Two Year Prior Assessment History Fiscal Year 2002 Fiscal Year 2003 Property Use 014 Property Use 014 Total Value 313,700 Total Value 332,200 Current Propeqy Assessment Fiscal Year 2004 Building Value 234,300 Land Area 1.340 acres Land Value 98,800 Total Value 333,100 Narrative Description his property contains 1.340 acres of land mainly classified as REWIND with a(n) CAPE style building, built about 1956 , having VINYL exterior and ASPHALT roof cover, with 1 unit(s), 5 total room(s), 2 total bedrooms 1 total baths 1 total half baths . sio wox � IDQp.Tj t7 e a e z 1] INS M{T FFL FiL pAi 1/ GMT 16 ,2 IO 2 „ OiP l>x1) http://www.patriotproperties.com/agawam/summary-bottom.asp 8/16/2004 ' Town of Agawam y 36 Main Street Agawam, Massachusetts 01001-1837 yc' � Tel. 413-786-0400 Fax 413-786-9927 August 5, 2004 Dear Abutter: Garden Park LLC has submitted to the Town a request for a zone change on property located at 271-279 Garden Street. The property is'currently zoned Business B and Agricultural. The request is to zone the entire parcel 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, August 19, 2004 at 7:00 PM. The meeting will be held at the Agawam Public Library, 750 Cooper Street, Agawam. You are encouraged to attend and comment. Sincerely, L",�- �s . Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre Jerry Zerra& Rose Dyke Juliann Provost Hopson Road 272 Garden Street Norwich, VT 05055 Feeding Hills, MA 01030 Gerald B. Norgaard Joan McMahon & Mary Avery 924 Main Street 257 Garden Street Agawam, MA 01001 Feeding Hills, MA 01030 Donald& Rebecca Vermette Ronald H. Eigenbrod 223 Garden Street P.O. Box 368 Feeding Hills, MA 01030 New Hartford, CT 06057 W. Spfld. Fish & Game Club, Inc. Commonwealth of Massachusetts P.O. Box 25 Ten Park Plaza Feeding Hills, MA 01030 Boston, MA 02116-3933 To be run 815104 & 8/12/04 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, August 19, 2004 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Garden Park LLC for a proposed zone change at 271-279 Garden Street. The property is zoned Business B and Agricultural. The request is to zone the entire parcel Business B. Copies of the requested zone change can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 8/5104 & 8/12/04) cc: Planning Boards of: Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing& Community Development Town of Agawam y' 36 Main Street Agawam, Massachusetts 01001-1837 z� Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Safety Officer Fire Department Health Department Conservation Commission Engineering Department/DPW Board of Appeals School Committee FROM: Planning Board DATE: July 22, 2004 SUBJECT: Proposed Zone Change - 271-279 Garden Street - Garden Park LLC The Planning Board has received a request for a zone change by Garden Park LLC for property at 271-279 Garden Street. The property is currently zoned Agriculture and Business B and the request is to zone the property Business B. The Planning Board will be holding its public hearing on this proposal on August 19, 2004 We would appreciate any comments you may have prior to this hearing. Sincerely, P Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBHIDSD:pre I AOL To: P1anring Board From: Ursula Retzler, Council Clerk F - Subject: Zone Ch«nge - 2004-2 Date: 3uly 22, 2004 ZONE CHANGE - From Business B any', Agricultural to Business B Recei yp(! by Courci 1 Clerk from Bldg. DUartm�-nt on July 22, 2004. Submitted to Planning Board on July 22, 2004. Planning Board to hole their public hearing on August 19, 2004. City Council propuseu to holy their public hearing on Septembeo 7 , 2004 after—appearing after—appearing on the agenda on August 2, 2004. Planning Board Si gnz.ture H-1209