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
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§ 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.
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Tax Card Information
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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 .
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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 .
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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 .
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' 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