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APPROVED
ZONE CHANGE
CITY OF AGAWAM
IN THE YEAR TWO THOUSAND FOUR
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AGAWAM AS
FOLLOWS:
The Zoning ordinance passed and approved on December 21, 1972, to take effect on
January lm 1973, entitled "Zoning" is hereby amended by amending Sec. 180-94B to
include property identified on zone map as property owned by Daniel C. Rising, Sr. and
located at 521 River Road in Agawam, Hampden County, Massachusetts, bounded and
described as follows:
Beginning at a point on the easterly sideline of River Road, said point being 140.00 feet
southerly from the southerly sideline of Leonard Street; thence running N64-28-30W for
a distance of 110.00 feet to a point; thence running N40-14-OOE for a distance of 140.00
feet to a point on the southerly sideline of Leonard Street; thence running S64-28-30E
along the southerly sideline of Leonard Street for a distance of 6.61 feet to a point; thence
running S40-14-OOW for a distance of 103.39 feet to a point; thence running S64-28-30E
for a distance of 103.39 feet to a point on the easterly sideline of River Road; thence
running S40-14-OOW along the easterly sideline of River Road for a distance of 36.61 feet
to the point and place of beginning.
Daniel C. Rising, Sr.
Adopted by the Agawam City Council on October 18, 2004
Ursula Retzler
Clerk of the Council
Town of jk9aw.am
36 Main Street Agawam, Massachusetts 01001-1837
A�EDPy`� Tel. 413-786-0400 Fax 413-786-9927
September 3, 2004
Agawam Town Council
0
Donald M. Rheauit,President
Robert M. Young, Vice President
George Bitzas, Councilor
Cecilia Calabrese, Councilor �, n
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 with 2 in favor
(Morassi & Sullivan), 1 opposed (Hopkins) and 1 abstaining (Baldwin) voted to send a
recommendation to the Agawam Town Council no to approve a zone chajtge for a parcel of land
located at 521 River Road from Business A and Residence A-2 to Business A. The Board agrees
with the Planning Department's and the Town Engineer's reports that a more intensive use of the
property would not be in Keeping with the residential nature of the neighborhood. The applicant,
Daniel C. Rising, Sr. has informed the Planning Board that he wishes to increase the number of used
cars that he sells on the lot and can not do so without a zone change. The Planning Board does not
believe that increasing the number of used cars on this lot or alternatively expanding the business
use of this property is in the best interest of the Town or the neighborhood.
Sincerely,
Dennis B. Hopkins, Chairman
Agawam Planning Board
cc: Daniel C. Rising, Sr., Clerk, Building, File
0 0
To wN oF AGA wAm
INTEROFFICE !
��ATED spy
MEMORANDUM
To: Planning Board
CC: File
From: Engineering
Date: September 2, 2004
Subject: Zone Change Petition - 521 River Rd.
The Engineering Division has reviewed the petition for a zone change at 521 River Rd. and
has the following comments. This parcel is located within a residential neighborhood. No
other business uses are in the immediate vicinity. The elimination of the residential A-2
portions of this parcel would result in the possible expansion of the business use to the entire
extent of this parcel. Given the recent opening of the Agawam segment of the Connecticut
Riverwalk 1 Bike path opposite the site along River Rd., it is important to consider the safety
of pedestrians and bicyclists crossing River Rd. Expansion of this business use could increase
the number vehicle trips and turning movements into and out of this site. This would
negatively impact traffic safety in the area. The nearest crosswalk to the bike path is 525 feet
to the north near Warren St.
If changes are proposed at the site which would require site plan review, it would be necessary
to provide the safest possible configuration of curb cuts based on the intended use and layout
within the site. This would probably necessitate the reducing the number of curb cuts to two
and closure of portions of the remaining curb cuts. Also, if the stated use of increased number
of vehicles available for sale, it would be necessary to ensure that there was adequate space for
parked vehicles for sale and customer parking within the site.
If you ave any questions, please do not hesitate to contact us.
Sincere y,
Georganne J. H yman,
To lEnginee SAzone ch\Zone Change 521 River Rd.wpd
•
o�� 9 Town of gawam
;q: 36 Main Street Agawam, Massachusetts 01001-1837
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: Rising/River Road -Zone Change - Business A and Residence A-2 to Business A
DATE: August 10, 2004
On July 12, 2004, the Town received a request for a zone change for a parcel of land located at 521
River Road from Business A and Residence A-2 to Business A. The property is presently owned
by Daniel C. Rising Sr. and is 15,246 sq.ft.. It has 140' of frontage on River Road and 110' of
frontage on Leonard Street. The Planning Office has conducted a review of this proposal and
submits this report for your information.
The building located on this property is a commercial garage style building which was constructed
in 1958. Originally used as a gasoline station, the present owner applied for and received a license
to sell used automobiles at this location in 1975. The owner is presently allowed to sell 10 motor
vehicles.
I have attached for your information a number of pieces of infon-nation. 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 any! Zoning
As stated above,the property for which the zone change is being requested, is zoned Business A and
Residence A-2.The map submitted by the applicant and entitled "Plan for Proposed Zone Change"
shows that the Residence A-2 portion of the Iot consists of 36.61' on the south side of the lot and
6.61' on the west side of the lot. A copy of the zoning map for this area has not been attached
because it is in error.
The Assessor's Map shows that the parcel to the south of 521 is a residence owned by Stephen and
Gina Buoniconti and the parcel to the west is also a residence owned by Newton and Sharon Ward.
The tax cards for these two properties have also been attached. The existence of the Residence A-2
zone provides a buffer between the commercial use of the property and the residential properties
which abut the commercial use.
If the zoning is changed from Residence A-2 to Business A, the following uses would be allowed:
(please refer to § 180-44 of the Zoning Ordinance which is attached):
♦ Any use permitted in a Residence or an Agricultural District.
♦ The major use of a building or structure in this district shall be to store and display goods for
sale at retail on the premises or to furnish a service intended for residents of the immediate
vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered
as complying with such requirements.
♦ No building, structure or land shall be used in whole or in part for any fabricating,
manufacturing, converting, altering, finishing or assembling.
♦ One-story public garages for storage or repair of not more than 50 cars. The storage of a
maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class
motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of
doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is
prohibited. The storage of complete units such as truck bodies, tailgates, road sanders, farm
machinery, school buses and ambulances is permitted. An underground tank of not more
than 1,000 gallons' capacity for drain oil is permitted.
♦ A gasoline filling station,which shall include self-service gasoline filling or service stations,
provided that not more than 30,000 gallons of gasoline shall be stored on the premises. An
enclosed lubritorium for not more than three motor vehicles shall be permitted. Only minor
repairing of motor vehicles is permitted.
(1) For the public purpose to promote and protect the health, safety, and welfare of the
Town of Agawam, to prevent and control fires, and to control traffic, it is deemed to
be in the best interests of the Town of Agawam to regulate the number of gasoline
filling stations within the Town of Agawam.
(2) For the purpose of licensing gasoline service stations under the provisions of
Massachusetts General Laws Chapter 148 § 13, there shall be no more than 20 issued
at any one time, and no license shall be issued for a gasoline filling station located
within 200 feet of a residence, school or church.
♦ Open-air transient parking, after a public hearing by the Board of Appeals.
♦ Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive.
Under the present Residence A-2 District the following uses are allowed: (Please refer to § 180-23
of the Zoning Ordinance which is attached. This list is abbreviated.)
♦ Any use permitted in a Residence A-1 District .
i •
♦ A one-family detached dwelling for one (1) housekeeping unit only. Second housekeeping
unit by approval of the Board of Appeals.
♦ the office or studio of a dentist, artist,architect,professional engineer or teacher of scholastic
subjects or a beauty parlor wherein one (1) of the residents is the sole operator.
♦ The renting of rooms and the furnishing of a table board to not more than four(4) persons
in a dwelling occupied as a private residence.
♦ Schools for academic purposes only and community center buildings, except dancing or
bowling and like activities.
♦ Colleges, public libraries or museums, churches or other places of worship, parish houses
and Sunday school buildings.
♦ Private kindergartens and day nurseries
♦ Bus passenger stations or shelters
♦ Telephone exchange buildings
Environmental Considerations
The property in question is located in the 500 year floodplain according to the National Flood
Insurance Rate Maps. As such,changes to the building would require Board of Appeals approval.
The property is also located within the riverfront area of the Connecticut River and would be
regulated under the Wetlands Protection Act.
Other Considerations
The chief concern when deliberating on this proposed zone change is the effect it will have on the
primarily residential nature of the neighborhood. As was mentioned earlier, the existence of some
Residence A-2 zoned property on the site provides a buffer between the abutting residential
properties and the intensive commercial use of the lot. The River Road area is a high density
residential neighborhood with many children. The construction of the new bikepath enhances the
residential character and makes the area even more desirable for families with small children.
It appears that the applicant's intention may be to increase the number of vehicles sold at the site.
The car lot has been restricted to 10 automobiles for the last twenty-nine years. A larger number
of cars would also not be in keeping with the neighborhood.
Given the residential nature of the neighborhood, I would not recommend increasing the business
zone on this site.
Proposed Zone Change Submission by Applicant
D. L. BEAN, INC. LAND CONSULTANTS
413-562-7566
Forty School Street Fax # 413-562-2091 SURVEYORS
Westfield, Mass. 01085 ENGINEERS
July, 12, 2004
Agawam Town Council
36 Main Street
Agawam,MA 01001
RE: Zone change Petitions 521 River Road
Dear Councilors:
Enclosed please find the following documents relative to the above referenced
petition.
1). Petition to town council by Daniel C. Rising, Sr.
2). liiling Fee of �500.00 ck. 1r8486, D.L. Begin, Inc.
3). Legal Description of Parcel "A".
4). Plan for proposed zone change, (38 copies)
These are being submitted on behalf of the petitioner and owner Daniel C.
Rising, Sr.
Please notify this office with the dates and times for the public hearings.
Thank you.
Sincerely,
D.L. B c.
10 A
Marc E. Shute, Senior Vice President
cc: Dan
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Tax Card Information
0 Page 1 of 1
Card 1 of 1
Location 521 RIVER RD Parcel ID M8 1 4
Current Property Mailing Address
Owner RISING DANIEL C SR City FEEDING HILLS
State MA
Address 958 SHOEMAKER LANE Zip 01030-2649
Zoning BA
Current Property Sales Information
Sale Date 11/3/1994 Legal Reference 8985 176
Sale Price 0 Grantor Seller RISING LEONARD P SR& DA
Two Year Prior Assessment History
Fiscal Year 2002 Fiscal Year 2003
Property Use 330 Property Use 330
Total Value 110,100 Total Value 114,900
Current Property Assessment
Fiscal Year 2004 Building Value 68,100
Land Area 0.350 acres Land Value 46,800
Total Value 114,900
Narrative Description
his property contains 0.350 acres of land mainly classified as AUTO SS with a(n) AUTO DEALR style
building, built about 1968 , having BRICK VENR exterior and TAR+GRAVEL roof cover,with 1 unit(s), 0
otal roams 0 total bedrooms 0 total baths 1 total half baths .
Click Images to Enlarge
No sketch
Available
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0 Page 1 of 1
Card 1 of 1
Location 318 LEONARD ST Parcel ID M8 151
Current Property Mailing Address
Owner WARD NEWTON A City AGAWAM
WARD SHARON L ❑ State MA
Address 318 LEONARD ST Zip 01001-3346
Zoning RA2
Current Propeq Sales Information
Sale Date 6/3/1998 Legal Reference 10311-444
Sale Price 147,900 Grantor Seller CONNOR KAREN L
Two Year Prior Assessment History
Fiscal Year 2002 Fiscal Year 2003
Property Use 101 Property Use 101
Total Value 130,700 Total Value 139,700
Current Propeqy Assessment
Fiscal Year 2004 Building Value 95,400
Land Area 0.382 acres Land Value 52,800
Total Value 148,200
Narrative Description
This property contains 0.382 acres of land mainly classified as ONE FAM with a(n) RANCH style building,
built about 1986 , having VINYL exterior and ASPHALT roof cover,with 1 unit(s), 5 total room(s), 3 total
bedrooms 1 total baths 1 total half baths .
Click Images to Enlarge
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0 Page 1 of 1
Card f of 1
Location 507 RIVER RD Parcel ID M81 3
Current Property PropeLly Mailing Address
Owner BUONICONTI STEPHEN P City AGAWAM
BUONICONTI GINA M State MA
Address 507 RIVER ROAD Zip 01001-2872
Zoning RA2
Current Propeq Sales Information
Sale Date 11/14/1988 Legal Reference 7019 501
Sale Price 125,000 Grantor Seller MCGURN
Two Year Prior Assessment History
Fiscal Year 2002 Fiscal Year 2003
Property Use 101 Property Use 101
Total Value 116,000 Total Value 126,400
Current Property Assessment
Fiscal Year 2004 Building Value 78,400
Land Area 0.366 acres Land Value 57,000
Total Value 135,400
Narrative-Description
This property contains 0.366 acres of land mainly classified as ONE FAM with a(n) RANCH style building,
built about 1982 , having VINYL exterior and ASPHALT roof cover, with 1 unit(s), 5 total room(s), 3 total
bedrooms 1 total baths 0 total half baths .
Click Images to Enlarge
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§ 180-43 ZONING § 180-44
E. To assure that special use structures shall be reasonably attractive in
appearance, the builder or his representative shall submit to the
Planning Board, in .addition to other requirements, an architect's
rendering or comparable illustration of the planned construction,
including landscaping, prior to applying for a building permit. Unless
such a drawing approved by the Planning Board is submitted to the
Inspector of Buildings, no permit for a building shall be issued, nor
shall an occupancy permit be granted, unless and until the finished
structure conforms to the drawing submitted.
F. Not more than one motor vehicle per 5,000 square feet of lot up to a
limit of five motor vehicles shall be kept in accordance with Chapter 91
of the General Laws, only one of which can be an unregistered
vehicle, exclusive of farm equipment_
ARTICLE Vlll
Business A Districts
§ 180-". Permitted uses.
In any Business A District as indicated on the Building Zone Map, no building
or other structure shall be erected, altered or used and no land shall be used or
occupied for any purpose except one or more of the following:
A. Any use permitted in a residence district or an Agricultural Distract.
B. The major use of a building or structure in this district shall be to store
and display goods for sale at retail on the premises or to fumish a
service intended for residents of the immediate vicinity. Banks, hotels,
dining establishments, halls and office buildings shall be considered as
complying with such requirements.
C. No building, structure or land shall be used in whole or in part for any
fabricating, manufacturing, converting, altering, finishing or
assembling.
D. One-story public garages for storage or repair of not more than 50
cars. The storage of a maximum of 150 motor vehicles out of doors is
allowed to holders of ;first- and second-class motor vehic'e dealer
licenses. Body and fender work and the painting of cars in or out of
doors is prohibited. The storage of dismantled vehicles or vehicle parts
out of doors is prohibited. The storage of ccmplete units such as truck
18041 a-Z5-99
§ 180-44 AGAWAM CODE § 180-4c
bodies, tailgates, road sanders, farm machinery, school buses and
ambulances is permitted. An underground tank of not more than 1,OOC
gallons' capacity for drain oil-is permitted.
E. A gasoline filling station, provided that not more than 30,000 gallons of
gasoline shall be stored on the premises. An enclosed lubritorium for
not more than three motor vehicles shall be permitted. Only minor
repairing of motor vehicles is permitted.
F. Open-air transient parking, after a public hearing by the Board ar
Appeals.
G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive.
H. -Drive-in restaurants and drive-through restaurants, after a special
permit by the Board of Appeals in conformance with § 180-11. At nc
time shall less than 50 parking spaces be provided on site. [Added
3-21-1994 by TOR-94-11
1. Drive-through service windows utilized by any business shall require =_
special permit from the Board of Appeals in conformance witr.
§ 18a-11. [Added 9-2Q-1 997 by TOR-97-81
§ 180-45. Height regulations.
A. A business building shall not exceed three stories or 45 feet in height .
These provisions shall not apply to chimneys, flag or radio poles, water
tanks or hose towers or required bulkheads or elevator penthouses. A
residence building shall comply with the height requirements for
Residence B Districts.
B. Heights of other buildings and structures permitted in this zone under
§ 180-44A shall not exceed the height permitted in Residence 3
Districts.
§ 180-46. Setbacks;yards; loading areas.
A. Setbacks shall be at feast 35 feet.
B. Side yards are not required for business buildings.
C. Rear yards shall have a minimum of 25 feet.
18042 4—z5—3s
§ 180-21 ZONING 180-23
§ 1813-21. Lat size~
No lot shall have a frontage of less than one hundred twenty-five (125) feet
on a street or an area of less than seventeen thousand (17,000) square feet.
180-22. Lat coverage.
No principal building shall be erected or altered so as to cover more than
thirty percent (301/6) of the area of the lot on which it is located.
ARTICLE III
Residence A-2 Districts
§ 180-23. Permimed uses.
In any Residence A-2 District as indicated on the Building Zone Map. no
building or other structure shall be erected. altered or used and no land shall be
used or occupied for any'purpose except one (1) or more of the following-
A- Any use permitted in a Residence A-1 District.
B. A one-family detached dwelling for one (1) housekeeping unit only:
provided. however, that the Board of Appeals, upon an appeal from an
order or decision made by the Inspector of Buildings and if it deems
such action wise and if it shall appear to the Board that such action will
tend to preserve the standard and character of the neighborhood, may
authorize a variation in the use of a one-family dwelling existing at the
time of the adoption of this Article so that such dwelling may be altered
and improved and facilities added for a second housekeeping unit. In
all such cases the petitioner. as a condition precedent to the privilege
herein granted. shall present adequate plans setting forth the changes
and improvements to be made and shall have secured the written
consent and approval of at least three (3) of the following property
owners:
(1) The owner of the lot on either side of the petitioner's property.
(2) The owner of the lot adjacent in the rear of the petitioner's
property.
18027
§ 180-23 AGAWAM CODE § 180-23
(3) The owner of the lot directly across the street therefrom. Where
the petitioner is the owner of a lot on either side, in the rear or
across from the property for which a variation is requested. such
lot shall be omitted. in which case written consent and approval
shall be secured from the owner of the property next to that
owned by the petitioner. In case there are two (2) or more lots
adjacent in the rear or sides of the petitioners property, the owner
of the lot which abuts the greater length on the petitioners
property shall be deemed the owner of the lot adjacent to the
petitioners property, as used in this section.
In the case of an appeal for a variation involving a dwelling situation
on a corner lot or so located that the obtaining of the exact numerical
assents of the owner above enumerated is unreasonable or impossible.
the Board of Appeals may grant the variation. provided that the
consents of the property owners are obtained substantially in
accordance with the principals herein set forth as may be determined '
by the Board of Appeals. The power to authorize such variation of the
use of existing dwellings shall be within the sound discretion of the
Board of Appeals. and no variation in use shall be granted unless it
shall be clear that the relief requested will not be detrimental to the best
interests of the vicinity and will be in harmony with the general purpose
and intent of this chapter_ Each case shall be considered on its own
merits. and no case shall raise a presumption in favor of any other case.
No decision of the Board of Appeals shall be considered as changing
or affecting the zoning of any Residence A-2 District.
I
C. The office or studio of a dentist. artist. architect. professional engineer
or teacher of scholastic subjects residing on the premises or a beauty
parlor wherein one (1) of the residents is the sole operator. The space
occupied by such office. studio or parlor shall not exceed twenty
percent (20%0) of the total floor area of the dwelling, exclusive of the
basement. No display, sign or other advertising devise shall be
permitted except an interior illuminated. reflective or naniiluminated
professional nameplate having an area of not more than one hundred
foray-four (144) square inches. The studios or offices of dancing or
music teachers. photographers. masseurs. veterinarians. riding schocis
and other similar businesslike pursuits are prohibited.
18028
II
I
160-23 ZONING 180-23
h
D. The renting of room furnishing and the urrns ing of table board to not more
than four (4) resident persons in a dwelling occupied as a private
residence. No display. sign or other advertising device, illuminated or R
otherwise, shall be visible from the street except a nonilluminated
announcement sign having an area of not more than one hundred
forty-four (144) square inches.
E. Schools for academic purposes only and community center buildings. `
except dancing or bowling and like activities, provided that there is no II'
display or advertising visible from the street, other than as permitted in f�
Subsection C of this section.
libraries museums,
ii h
F- Colleges, public b es or uSBu s. churches or other places of i
worship, parish houses and Sunday school buildings.
G_ Private kindergartens and day nurseries conducted in otherwise
permitted buildings in this district. provided that not more than twenty-
five percent (25%) of the floor area of the building, exclusive of the
basement, is used primarily for this purpose. i
H. Bus passenger stations or shelters. not including repair service cr {
garaging.
1. Telephone exchange buildings.
J. Accessory buildings and uses customarily incident to any use permitted
in this section, provided that such use shall not be offensive or
dangerous to life by reason of health or fire. and provided further that i
such accessory use shall not include any activity conducted for gain. ! !
No advertising device. whether illuminated or otherwise. shall be
permitted, except that an interior illuminated, reflective or nonilluminat-
ed announcement sign having an area of not more than one hundred
forty-four (144) square inches may be displayed.
K. The keeping and raising of Poultry, livestock and pigeons. whether for
the table or other purposes, or other like objectionable uses are
prohibited.
L Private garages. provided that io business. service or industry is I
conducted therefrom or therein. Not more than one (1) motor vehicle
for each five thousand (5.000) square feet of lot area or fraction
thereof. nor more than five (5) motor vehicles, not more than one (1 ) of
which may be unregistered. shall in any case be keot on the premises. !
18029
§ .180-23 AGAWAM CODE § 180-25
Only one (1) such vehicle may be a commercial vehicle and of not
more than three-fourths (V4) ton's weight of capacity. Space for motor
vehicles shall not be leased or rented for commercial vehicles. No
commercial vehicles shall be parked on a lot in the open. These space
regulations shall apply to vehicles regularly left on the lot. whether
housed or in the open.
M. Not more than one (1) house trailer may be kept on the premises. The
trailer shall not be used for living quarters while so located. Space shall
not be leased or rented for trailers.
N. Uses outlined in 1180-37B and C. when the line separating a
Residence A-2 District from an Agricultural District runs through a
property not being used for agricultural purposes so that the future use
of the whole property for agricultural purposes would be prohibited.
§ 180-24. Hesght regulations.
A. A residence building shall not exceed two and one-half (21/2) stories or
more than thirty-five (35) feet in height. Other buildings such as
schools. telephone exchanges.and community center buildings and
other uses permitted in § 180-23E shall not exceed fifty (50) feet in
height. Chimneys. steeples and flag or radio poles are exempt from the
height provision of this section.
B. Accessory buildings or structures, including private garages. shall not
exceed seventeen (17) feet in height for a one-story building. A one-
and-one-half-story accessory building shall not exceed twenty-five (25)
feet in height.
§ 180-25. Setback requffements.
A. No part of any building shall be placed within thirty (30) feet of any
street line.
B. No part of any garage or other accessory building situated within sixty-
five (65) feet of any street line shall extend within fifteen (15) feet of any
lot line intersecting such street which serves as a side lot line located
in any residence district or within fifteen (15) feet of any street line.
18030
0
Town of Agawam
" 36 Main Street Agawam, Massachusetts 01001-1837
y
D Mq�l`1 Tel. 413-786-0400 Fax 413-786-9927
MEMO
TO: Agawam Planning Board
FROM: Agawam Conservation Commission
SUBJECT: Zone Change - 521 River Road
DATE: August 16, 2004
At its meeting held on August 12, 2004, the Agawam Conservation Commission voted 3-1-I to
not support the proposed zone change request at 521 River Road.
HAK:pre
• • _ZCraQ_-0 �"- ti .
Do L. -BEAN, INC. LAND CONSULTANTS
413-562-7566
Forty School Street Fax # 413-562-2091 SURVEYORS
Westfield, Mass. 01085 ENGINEERS
July, 12, 2004
Agawam Town Council
36 Main Street
Agawam,MA 01001
RE: Zone change Petitions 521 River Road
Dear Councilors:
Enclosed please find the following documents relative to the above referenced
petition.
1). Petition to town council by Daniel C. Rising, Sr.
2). Filing Fee of �500.00 ck. #``8486, D.L. Bean, Inc.
3). Legal Description of Parcel "A".
4). Plan for proposed zone change, (38 copies)
These are being submitted on behalf ofthe petitioner and owner Daniel C.
Rising, Sr.
Please notify this office with the dates and times for the public hearings.
Thank you.
Sincerely,
D.L. B n, c.
Marc E. Shute, Senior Vice President
cc: Dan
MES/ssc
1t
THE TOWN COUNCIL
AGAWAM, MASSACHUSETTS
, 2004
TIME UNDERSIGNED RESPECTFULLY PETITIONS
THE TOWN COUNCIL TO REVISE THE ZONE LINES AND ZONE MAP ON
PROPERTY KNOWN AS 521 RIVER ROAD. CURRENTLY THE ZONE LINE
SPLITS THE PROPERTY, WHICH IS NOW BEING USED FOR BUSINESS. THE
ZONE LINE IS 100 FEET SOUTH OF LEONARD STREET AND 100 FEET WEST OF
RIVER ROAD. THIS SITUATION CURRENTLY RENDERS THE SIDE AND REAR
OF THE PROPERTY USELESS. ATTACHED IS A PLAN SHOWING THE
EXISTING AND PROPOSED ZONING.
SINCERELY,
�c- � CC
OWNER: DANER SR.
958 SHOEMAKER LANE, AGAWAM
1 - '
Owner Daniel C. Rising, Sr.
521 River Road -Agawam
Parcel "A"
Beginning at a point on the easterly sideline of River Road, said point being 140.00 feet
southerly frorn the southerly sideline of Leonard Street; thence running N64-28-30W for
a distance of 110.00 feet to a point; thence running N40-14-OOE for a distance of 140.00
feet to a point on the southerly sideline of Leonard Street; thence running S64-28-30E
along the southerly sideline of Leonard Street for a distance of 6.61 feet to a point; thence
running S40-14-OOW for a distance of 103.39 feet to a point; thence running S64-28-30E
for a distance of 103.39 feet to a point on the easterly sideline of River Road; thence
running S40-14-OOW along the easterly sideline of River Road for a distance of 36.61 feet
to the point and place of beginning.
LOT 2
>,r z
4
to
EKI5TINC ZONE LINE
PROPOSED TO BE CWWGED
HEW ZONE NE
LOT 3
RIVER ROAD
PROPOSED SCALE 1'=80' SEE BELOW UP 70 THE LEST
NEW ZONE LINE
LOT 4 RESIDENCE .A2» N 40'14'00" E—
LOT 6 140,00
PROPOSED
o — S 40'14'00" W 103.39'
NEW ZONE N 00 00' O
1 z N 0 ,
PARCEL 'A"r`q, p.
U) UN
0
Co A
zOs
EGRESSS& MENT U► y r EIS NG CHANGED E
1
36.61
--- S 40 14'00' W 140.00'
tst ill
RIVER ROAD
SCALE: 10--40' PLAN FOR PROPOSED ZONE CHAW
AGAWAM. MASMQHUSMS-
AA OF ,&, DANIEL C. RISING, SR.
M�►Ftr
LEGEND 521 RIVER ROAD
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E. AGAW�A/�M�,� �MA.
U SH ~ DATE: SCALE: AS SHUM
DXISi1NG ZONE LINE
f 7-13-2004 CHECKED: Mz-&
PLAN NO. "ISHEffUr NO
PROPOSED zorlE LINE
� MANI.M. _ WAIVEYOFM �c
WE8TF1ELq, MASSACHUSETTB END ER$
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o�� 9 Town of Agawam
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36 Main Street Agawam, Massachusetts 01001-1837
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D MP`1 Tel. 413-786-0400 Fax 413-786-9927
August 5, 2004
Dear Abutter:
Daniel Rising, Sr. has submitted to the Town a request for a zone change on property located at
521 River Road. The property is currently zoned Business A and Residence A2. The request is
to zone the entire parcel Business A.
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 7:15 PM. The meeting will be held at the Agawam Public Library,
750 Cooper Street, Agawam.
You are encouraged to attend and comment.
Sincerely,
Dennis B. Hopkins, Chairman
AGAWAM PLANNING BOARD
DBH/DSD:pre
Carol A. Rivers David & Felicity Laudato
565 River Road 16 Warren Street
Agawam, MA 01001 Agawam, MA 0 100 1
Mary Campbell & Joanne Hutchinson Arthur& Kathleen Foley
555 River Road P.O. Box 232
Agawam, MA 01001 Agawam, MA 01001
Edward Nacewicz Jr. &
Dolores Nacewicz William & Irma Clampit
21 Warren Street 26 Dyotte Street
Agawam, MA 01001 Agawam, MA 01001
Carolyn Groux Helen McGrevey LIT
313 Leonard Street David McGrevey
Agawam, MA 01001 321 Leonard Street
Agawam, MA 01001
George & Lorraine Labun William Choinski &Natalia Clifton
69 Oak Hill Avenue 293 Leonard Street
Agawam, MA 01001 Agawam, MA 01001
Michael & Sharen Harris
Robert & Karen McTaggart 17 Dyotte Street
303 Leonard Street Agawam, MA 01001
Agawam, MA 01001
Kenneth Wilson Newton & Sharon Ward
16 Morgan Street 318 Leonard Street
Agawam, MA 01001 Agawam, MA 01001
0 0
Marcus &Nancy Kushmanian Roger & Susan Proulx
308 Leonard Street 300 Leonard Street
Agawam, MA 01001 Agawam, MA 01001
Harold Taylor Michael & Laura Graveline
290 Leonard Street 46 Danny Lane
Agawam, MA 01001 Agawam, MA 0 100 1
Bradley & Anne Wright Stephen & Gina Buoniconti
36 Danny Lane 507 River Road
Agawam, MA 01001 Agawam, MA 01001
Barry & Cheryl Perella Edyie James Sheridan
499 River Road 491 River Road
Agawam, MA 01001 Agawam, MA 01001
Raymond & Lisa Guerette Nilay & Tejal Sankalia
26 Danny Lane 16 Danny Lane
Agawam, MA 01001 Agawam, MA 01001
Chester Lapienski Anthony Ottomaniello & Shannon Guay
481 River Road 39 Warren Street
Agawam, MA 01001 Agawam, MA 01001
Ronald & Linda Taylor
47 Warren Street
Agawam, MA 01001
To be run 8/5/04 & 8I12104
LEGAL NOTICE
TOWN OF AGAWAM
PLANNING BOARD
The Agawam Planning Board will hold a public hearing on Thursday, August 19, 2004 at 7:15
PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this
hearing will be to hear the petition of Daniel C. Rising, Sr. for a proposed zone change at 521
River Road. The property is zoned Business A and Residence A2. The request is to zone the
entire parcel Business A. 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 8/5/04 & 8/12104)
cc: Planning Boards of:
Southwick
Springfield
West Springfield
Westfield
Suffield, CT
PVPC
Dept. Of Housing & Community Development
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
y�
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 - 521 River Road - Rising
The Planning Board has received a request for a zone change by Daniel C. Rising, Sr. for
property at 521 River Road. The property is currently zoned Business A and Residence A2. The
proposal is to zone the entire parcel Business A.
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,
Dennis B. Hopkins,Chairman
AGAWAM PLANNING BOARD
DBH/DSD:pre
1
To: Planning Board
From:
Ursula RE!tZler , Council Clerk
Subject: Zone, Change - -�o04-1
Date: July 22, 2004
ZONE CHANGE - to revise the zone• lines and zone map on
,roperty known as 521 River Raau. Currently the: Zone Line
splits the property, which is now being used for Business.
The Zone Line is 100 ft. South of Leunard St. an( 100 ft. West
of River RoaO.
Received by Council Clerk from Bldg. Department on Duly 22� 2004,
Submitted to Planning Board on July 22, 2004. Planning Bc.ar(' to
hold their public hearing on August 19, 2004. City Council
prc•posed to hold their public hearing on September 7, 2004 after
appear' on the agen6a on August 2,
Manning Board Signature
M-1209