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8331_ZONE CHANGE- BEAUMIER- 1176 SPRINGFIELD ST. �fi �s33� �or� tnn ry) I ��O S�rir��n�Q S� rea�$ U CA 0 �P }� - aaau- L l '� ►�� Call 9 tAa ( 7- C _ 1_:? CC4 _ � ) COUNCIL CLERK OFFICE THE TOWN COUNCIL AGAWAM;MA: AGAWAM, MASSACHUSETTS F 1004 OCT 21 A"JQ: S. September2004 The undersigned being the owner of the land described below being part of the premises known as 1176 Springfield Street, Agawam, Massachusetts and being described in a deed dated October 30, 2003 and recorded in the Hampden County Registry of Deeds in Book 13729, Page 176, hereby respectfully petition the Town Council for the City of Agawam to change the zoning for the land described below from Residence A-2 Zone to Business A Zone. The land is described as follows and is shown on the plans entitled "Plan of Land Springfield Street Agawam MA owned by Donna L. Beaumier, Trustee of Springfield 1176 Realty Trust and Donna L. Beaumier, Trustee of 1162-1172 Springfield Street Realty Trust, Scale 20 ft/in: Date Mar 2004 Smith Associates Surveyors, Inc...." attached hereto, being more particularly described as follows: Beginning at a point which is N. 1" 21' 47" W two hundred three and 62/100 (203.62) feet from the Southeasterly corner of the land described in Book 13729, Page 176, which is located on the Northerly side of Springfield Street as shown on said plan; thence running S 800 43' 29" W sixty (60) feet along the remaining part of the land described in Book 13729, page 176 to land now or formerly of C. Kinsley as shown on said plan; thence turning and running N 10 21' 47" W along said last named land a distance of one hundred fifty-eight and 91/100 (158.91) feet to an iron pin at land of R.W. & L.M. Uschmann as shown on said plan; thence turning and running N 800 43' 29" E along said last named land a distance of sixty (60) feet to an iron pin at land now or formerly of R. J. Cecchi, Trustee as shown on said plan; thence turning and running along said last named land S V 21' 47" E one hundred fifty-eight and 91/100 (158.91) feet to the point of beginning. The purpose for the requested zone change is two fold. Currently, the property located at 1176 Springfield Street is zoned one-half business and one-half Residence A2 which prevents the land being described above from being used as parking or for any use related to a business use for 1176 Springfield Street. In addition, the petitioner owns The Carriage House Apartments which abut the property located at 1176 Springfield Street to the East. Currently, much of the parking for The Carriage House Apartments is on land leased from R.J. Cecchi, Trustee. However, this lease can be terminated at any time by R.J. Cecchi, Trustee which would leave the apartments with insufficient parking. The petitioners acquired 1176 Springfield Street with the hope of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of The Carriage House Apartments which would add additional parking to The Carriage House.apartments and eliminate the risk of inadequate parking if R.J. Cecchi, Trustee ever terminated the parking lease the petitioners now have. However��.since -the4 d described in this petition is currently zoned Residence A2 rt#on.of the pro tpe 339757.doc cannot be used for parking or any business use for the benefit of the apartments or any business located at 1176 Springfield Street. By changing the zoning. of the property from Residence A2 to Business A parking for The Carriage House Apartments would be allowed on the rear of 1176 Springfield Street which would provide sufficient permanent parking in excess of that currently in existence for the apartments, and also allow for parking or any business which might ultimately be located at 1176 Springfield Street. Since the rear of the property is currently zoned Residence A2 and there is no separate access to said land, it is highly unlikely that the rear portion of the property at 1176 Springfield Street would ever be developed for single family residential purposes and thus result in the land being under utilized and being left vacant reducing potential tax revenues to the City of Agawam. By granting the zone change, it will allow petitioners to seek to use the land for parking for The Carriage House Apartments, thus eliminating a potential problem if R.J. Cecchi, Trustee should ever terminate his parking lease and making more parking spaces available for the apartments than currently exist eliminating the need for parking on streets or other locations should the parking lease be terminated. Signed this �_day of September, 2004. Springfield 1176 Realty Trust By Donna L. Beaumier, Trustee -z- 339757.doc Bk 14015 Ag559 #21614 03-15-2004 @ 02:26p Massachusetts Quitclaim Deed Short Form(Individual) KNOW.ALL MEN BY THESE PRESENTS,that We,DONNA L.BEALIINUER and C') ALBERT J.BEA[1MMR of I Alder Lane,Wilbraham,Hampden County,Massachusetts,for o consideration less than ONE HUNDRED AND 00/100,($100.00)DOLLARS grants to o >C-) Springfield H 76 Realty Trust of 175 State Street,Suite 301,Springfield,Hampden County, Cn Massachusetts,with quitclaim covenants, ^' f�C► t-- Certain real estate situated in Agawam,Hampden County,Massachusetts,on the north ' 3m side of the highway leading from Feeding Hills to West Springfield and known as the .D 3x Springfield and Feeding Hills Road,and bounded and described as follows: >CD Beginning on the highway at the westerly comer of land now or formerly of one Cooley, cia and running thence ,rr. WESTERLY sixty(60)feet along said highway',thence NORTHERLY three hundred sixty-three(363)feet by land now or formerly of Thompson;thence EASTERLY sixty(60)feet on a line parallel with said highway;and thence SOUTHERLY three hundred sixty-three(363)feet by land of said Cooley,to the place of beginning. Being the same premises conveyed to the Grantoi;herein by deed dated October 30,2003 and recorded in the Hampden County Registry of Deeds in Book 13729,Page 176. WITNESS our hands and se s this Id day of Feb ry,2004. � fi`oC Mary Ann shko,Witness Donn L.Beaumier 0 U u Albe J.Be', a x THE COMMONWEALTH OF MASSACMUSETTS c HAMPDEN,ss. February 1,-2-,2004 w Then personally appeared the above-named Donna L.Beaumier and Albert J.Beaumier and acknowledged the foregoing instrument to be their free aci and deed,before ?me, Ma6 Arrj(Pashko,Notary Public ur My Commission Expires:08/19/05 ao - P. G ('Individual-Joint Tenants-Tenants in Common) CHAPTER 183 SEC-6 as amended by chapter 497 of 1969 Every Deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. o�� 9 Town of Agawam q' 36 Main Street Agawam, Massachusetts 01001-1837 z 1� Tel. 413-786-0400 Fax 413-786-9927 December 2, 2004 r s Donald M. Rheault, President w Robert M. Young, Vice President ;^C. George Bitzas, Councilor Cecilia Calabrese, Councilor _ Ruth Carr-Bitzas, Councilor w Gina M. Letellier, Councilor Robert A. Magovern, Councilor Joseph Mineo, Councilor Robert E. Rossi, Councilor Dennis Perry,,Councilor Jill Simpson, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on December 2, 2004, the Agawam Planning Board voted to send a negative recommendation to the Agawam Town Council with regard to the proposed zone change at 1176 Springfield Street from Residence A-2 to Business A. The Board feels that if granted, this zone change would have a negative impact on the residential abutters. Attached is a copy of the Town Planner's report on this proposal. Sincerely, r-t-t�1--7--1 Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD o� Town of jtgawam' h 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: Beaumier/1176 Springfield Street-Zone Change - Residence A-2 to Business A DATE: November 16, 2004 . On October 27, 2004, the Town received a request for a zone change for a parcel of land located at 1176 Springfield Street from Residence A-2 to Business A. The property is presently owned by Donna L. Beaumier (Trustee or Springfield 1175 Realty Trust) and is approximately 9,636 sq.ft.. The property is rear land of 1176 Springfield Street which has 60' of frontage on Springfield Street. The Planning Office has conducted a review of this proposal and submits this report for your information. The petitioner acquired 1176 Springfield Street for the purpose of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of the The Carriage House Apartments. The Carriage House Apartments which abut the property for which a zone change is being sought currently leases land from R J..Cecchi,Trustee for much of its parking. The petitioner is concerned that the lease can be terminated at any time by R. J. Cecchi, Trustee and would leave the apartments with insufficient parking. 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 Residence A-2. The portion of the lot on which the house is located is zoned Business A. A copy of the zoning map for this area has been attached. The Assessor's Map shows that there are two abutters to the property other than The Carriage House Apartments. To the west, 1182 Springfield Street, is owned by Carol Kinsley. Mrs. Kinsley also owns a 15,000 sq. ft. vacant building lot fronting on Northwood Street. The property for which,the petitioner is requesting a zone change directly abuts the vacant portion of the KinsIey property. To the north is a single family residence owned by Robert W. and Linda M. Uschmann, They have resided in this home for over 30 years. 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. 1 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-i District . ♦ 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 parcel is flat and in lawn. The only trees appear to be located on the parcel containing the apartments. There do not appear to be any environmental considerations. Other Considerations The purpose of the zoning map changes is to ensure the provision of adequate parking in the future for the apartments. The owner of the apartments owns both of the parcels. Changing the parcel to Business A would only affect one abutter, the owner of 32 Northwood Street. This property could be protected by the provision of a fence and/or landscape screen along the property lines. i • PARCEL MAP ° 20 4 26 ' N O r? i 5 r a o t3907 Q N � 9 04,5 1,P 000 11 21300- N D p Q 30 r' 10 p� 26145 114395 � 1713 7 ' Proposed Zone Change Submission by Applicant zC - .� oo4 � COUNCIL.CLERK OFFICE THE TOWN COUNCIL AGAWAK'MA. —C' AGAWAM, MASSACHUSETTS If��ts �C1 21 A .I1) 5A September�2004 The undersigned being the owner of the land described below being part of the premises known as 1176 Springfield Street, Agawam, Massachusetts and being described in a deed dated October 30, 2003 and recorded in the Hampden County Registry of Deeds in Book 13729, Page 176, hereby respectfully petition the Town Council for the City of Agawam to change the zoning for the land described below from Residence A-2 Zone to Business A Zone. The land is described as follows and is shown on the plans entitled "Plan of Land Springfield Street Agawam MA owned by Donna L. Beaumier, Trustee of Springfield 1176 Realty Trust and Donna L. Beaumier, Trustee of 1162-1172 Springfield Street Realty Trust, Scale 20 ft/in: Date Mar 2004 Smith Associates Surveyors, inc...." attached hereto, being more particularly described as follows: Beginning at a point which is N. 1° 21' 47" W two hundred three and 62/100 (203.62) feet from the Southeasterly corner of the land described in Book 13729, Page 176, which is located on the Northerly side of Springfield Street as shown on said plan; • thence running S 80' 43' 29" W sixty (60) feet along the remaining part of the land described in Book 13729, page 176 to land now or formerly of C. Kinsley as shown on said plan; thence turning and running N 1° 21' 47" W along said last named land a distance of one hundred fifty-eight and 91/100 (158.91) feet to an iron pin at land of R.W. & L.M. Uschmann as shown on said plan; thence turning and running N 80' 43' 29" E along said last named land a distance of sixty (60) feet to an iron pin at land now or formerly of R. J. Cecchi, Trustee as shown on said plan; thence turning and running along said last named land S 10 21' 47" E one hundred fifty-eight and 91/100 (158.91) feet to the point of beginning. The purpose for the requested zone change is two fold. Currently, the property located at 1176 Springfield Street is zoned one-half business and one-half Residence A2 which prevents the land being described above from being used as parking or for any use related to a business use for 1176 Springfield Street. In addition, the petitioner owns The Carriage House Apartments which abut the property located at 1176 Springfield Street to the East. Currently, much of the parking for The Carriage House Apartments is on land leased from R.J. Cecchi, Trustee. However, this lease can be terminated at any time by R.J. Cecchi, Trustee which would leave the apartments with insufficient parking. The petitioners acquired 1176 Springfield Street with the hope of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of The Carriage House Apartments which would add additional parking to The Carriage House apartments and eliminate the risk of inadequate parking if R.J. Cecchi, Trustee ever terminated the parking lease the petitioners now have. Howeve sMe the land described in this petition is currently zoned Residence A2 thalt-pdrtion.,of;the property 339757.docA_1 Scannot be used for parking or any business use for the benefit of the apartments or any business located at 1176 Springfield Street. By changing the zoning of the property from Residence A2 to Business A parking for The Carriage House Apartments would be allowed on the rear of 1176 Springfield Street which would provide sufficient permanent parking in excess of that currently in existence for the apartments, and also allow for parking or any business which might ultimately be located at 1176 Springfield Street. Since the rear of the property is currently zoned Residence A2 and there is no separate access to said land, it is highly unlikely that the rear portion of the property at 1176 .Springfield Street would ever be developed for single family residential purposes and thus result in the land being under utilized and being left vacant reducing potential tax revenues to the City of Agawam. By granting the zone change, it will allow petitioners to seek to use the land for parking for The Carriage House Apartments, thus eliminating a potential problem if R.J. Cecchi, Trustee should ever terminate his parking lease and making more parking spaces available for the apartments than currently exist eliminating the need for parking on streets or other locations should the parking lease be terminated. Signed this day of September, 2004. • Springfield 1176 Realty Trust BY �)— 4 Donna L. Beaumier, Trustee -2- 339757.doc Bk 14015 Pg559 #21614 03-15-2004 0 02:26p • Massachusetts Quitclaim Deed Short Form(Individual) KNOW ALL MEN BY THESE PRESENTS,that We,DONNA L.SEAUMIER and C ALBERT J.BEAUMIER of 1 Alder Lane,Wilbraham,Hampden County,Massachusetts,for C C consideration less than ONE HUNDRED AND 00/100,(S100.00)DOLLARS grants to s Springfield 1176 Realty Trust of 175 State Street,Suite 301,Springfield,Hampden County, cm, �� Massachusetts,with quildaim covenants, ---I � t� Certain real estate situated in Agawam,Hampden County,Massachusetts,on the north —J' 3M side of the highway leading from Feeding Hills to West Springfield and known as the D 3 Springfield and Feeding Hills Road,and bounded and described as follows: _ ao Q� Beginning on the highway at the westerly corner of land now or formerly of one Cooley, and running thence rT' WESTERLY sixty(60)feet along said highway;thence NORTHERLY three hundred sixty-three(363)feet by land now or formerly of Thompson;thence EASTERLY sixty(60)feet on a line parallel with said highway;and thence SOUTHERLY three hundred sixty-three(363)feet by land of said Cooley,to the place of beginning. Being the same premises conveyed to the Grantogherein by deed dated October 30,2003 and recorded in the Hampden County Registry of Deeds in Book 13729,Page 176. 5H WITNESS our hands and se s this 7 day of Feb 2004. �✓` 1}-Rt 1I Mary Ann o,Witness Donn L.13eaumier Albe J.Beaumier Y THE COMMONWEALTH OF MASSACHUSETTS x HAMPDEN,ss. February t 0-,2004 Then personally appeared the above-named Donna L.Beaumier and Albert J.Beaumier and acknowledged the foregoing instrument to be their free act and deed,before me, 'O M ashko,Notary Public v My Commission Expires:08/19/05 .9z a (*Individual-Joint Tenants-Tenants in Common) CHAPTER 183 SEC.6 as amended by chapter 497 of 1969 Every]deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. AMC Cwi[Y! M Tax Card Information Page 1 of 1 Card IofI Location 1176 SPRINGFIELD ST Parcel ID E10 3 11 . Current Propeq Mailing Address Owner CROTEAU SUSAN J City FEEDING HILLS CROTEAU GARY A State MA Address 1176 SPRINGFIELD ST Zip 01030-2115 Zoning BA Current Property Sales Information Sale Date 6/26/2002 Legal Reference 12405-290 Sale Price 1 Grantor(Seller) BONESTEEL IRVING H Two Year Prior Assessment Histo Fiscal Year 2002 Fiscal Year 2003 Property Use 101 Property Use 101 Total Value 69,300 Total Value 79,300 Current Propeq Assessment Fiscal Year 2004 Building Value 29,500 Land Area 0.489 acres Land Value 53,700 Total Value 83,200 Narrative Description This property contains 0.489 acres of land mainly classified as ONE FAM with a(n) BUNGALOW style building, built about 1917 , having VINYL exterior and ASPHALT roof cover, with 1 unit(s), 6 total room s 3 total bedrooms 1 total Laths 0 total half baths . w- F49.x n" Afc L RUT 11 x u n[fP a http://www.patriotproperties.com/agawam/summary-boUom.asp 11/16/2004 P • Card 1 of l age 1 of 1 Location 1182 SPRINGFIELD ST Parcel ID El 3 10 Current Property Mailing Address Owner KINSLEY CAROL City FEEDING HILLS State MA Address 1182 SPRINGFIELD ST Zip 01030-2115 Zoning BA Current Property Sales Information Sale Date 6/5/1992 Legal Reference 8071 332 Sale Price 0 Grantor Seller KINSLEY D Two Year Prior Assessment Histo Fiscal Year 2002 Fiscal Year 2003 Property Use 101 Property Use 101 Total Value 95,200 Total Value 95,700 Current Property Assessment Fiscal Year 2004 Building Value 27,900 Land Area 0.330 acres Land Value 67,800 Total Value 95,700 Narrative Description This property contains 0.330 acres of land mainly classified as ONE FAM with a(n) OLD STYLE style building, built about 1870 , having CLAPBOARD exterior and ASPHALT roof cover, with 1 unit(s), 6 total rooms 3 total bedrooms 1 total baths 0 total half baths . 12 i EFP A: RT FFL 9FP n � http://www.patriotproperties.com/agawam/summary-bottom.asp 11/16/2004 Page 1 of 1 Card 1 of 1 • Location 32 NORTHWOOD ST Parcel 1D E10 3 $ Current Property Mailing Address Owner USCHMANN ROBERT W City FEEDING HILLS USCHMANN LINDA M State MA Address 32 NORTHWOODST Zip 01030-1630 Zoning AG Current Pro party Sales Information Sale Date 3/31/1970 Legal Reference 3498 282 Sale Price 0 Grantor Seller Two Year Prior Assessment History Fiscal Year 2002 Fiscal Year 2003 Property Use 101 Property Use 101 Total Value 100 700 Total Value 107,900 Current Property Assessment Fiscal Year 2004 Building Value 62,100 Land Area 0.319 acres Land Value 52,200 Total Value 114,300 Narrative Description This property contains 0.319 acres of land mainly classified as ONE FAM with a(n) OLD STYLE style building, built about 1948 , having ALUMINUM exterior and ASPHALT roof cover, with 1 unit(s), 6 total rooms 3 total bedrooms 1 total baths 0 total half baths . z3 EFP 2523 9 • 1 1 1 FF _ ATC 0 1 ML BMT 1+2 ti 12 157 EFP 15 7 hq://www.patriotproperties.com/agawam/summary-bottom.asp 11/16/2004 • ZONING MAP } a a�. l a 1•y��iw v ff.+ Ii1 �i+ •�i ■�■ �♦+If )�fiflfrifff�+>��'�� ♦!+ ?iiEirE�:.=.i:: :�iEiE �' �t/t/t♦t1t11♦Itr111t1�IG�,•.��- �tY'► Ir 1 0 jt ►t/t/�tf111111„t.�- t 1 ►t t - w t�ttllltl++tt1� �tj! �" r � ♦�♦!t�llttt♦t1t+t�♦ ►ttt+� f 1 t�L� ♦ ♦ ♦��1 t �. ♦1 ♦!�♦1y ��'++*♦tt1+111+♦1!! ��ttltt� ►+ttttC.' ♦♦.♦♦t♦1♦�. � �111 �1♦Ii gilt! ♦t♦A� ttlr ♦ ♦♦♦♦ v ♦ .�tt1♦r/ t t .♦+tttt��� ►IItIt�� ♦♦.♦•♦♦♦w0 +IrfIMS 1 /Itt 1 +t+jtV ►Ilt/l�wM ♦♦t!♦♦jtt • - ♦1 f f� ��IIA tt� �t1•It♦!��! ►1+llt/t49 1 f 1 •�' �t/t^t7♦tl+ Itttttt 'goes ff♦•� ♦1!t♦ w f+►�i .�. ABiomes fjA♦, l/ttt 1•� �!♦tom 4►-.; ;, • • f♦w l �t/t+ 1�1 �Iittt/tt� i�1�14 f �� ♦ a t��I ►/tt�1. ��♦ • f�) mm ►tit t11tt Ir:+ ,♦fit♦tt FPS ♦♦+� s• y' • ll s 7a l�Y R �, t § 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 § 180-4.4. 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 District. - B The major use of-a-building-or-structure-in-this-district-shall-be to-store- - - -and display goods for sale at retail on the.premises or to furnish a service intended for residents of the immediate vicinity. Banks; hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. , C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second=class motor vehicle dealer licenses. Body 'and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck 18041 1 § 180-44 AGAWAM CODE § 180- bodies, tailgates, road sanders, farm machinery, school buses ai ambulances is permitted. An underground tank of not more than 1,01 gallons' capacity for drain oil-is permitted. E. A gasoline filling station, provided that not more than' 30,000 gallons gasoline shall be stored..on the premises. An enclosed lubritorium f not more than three motor vehicles shall be'permitted. Only min repairing of motor vehicles is permitted. F. -Open-air transient parking, after a public hearing by the Board Appeals. G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive. H. Drive-in restaurants and drive-through restaurants, after a spec: permit by the Board of Appeals in conformance with § 180-11. At r time shall less than 50 parking spaces be provided on site. [Adde 3-21-1994 by TOR-94.11 I. Drive-through service windows utilized by any business shall require special permit from the Board .of Appeals in conformance wit § 180-11:[Added 9-20-1997 by TOR-97-81 . § 180-45. Height regulations: A. A business building shall not'exceed three stories or 45 feet in-heigh These provisions shall not apply to chimneys, flag or radio poles, Ovate . . tanks_or hose towers or_required.bulkheads_or elevator. penthouses. . --- =-- ----- --- residence- building-shall---comply-with-the- height requirements -fc Residence B Distiicts_ B. Heights of other buildings and structures permitted in this zone undE § 180-44A shall not exceed the height permitted in Residence Districts. § 180-46. Setbacks;yards; loading areas. A. Setbacks shall be at least 35 feet. B.- Side yards are riot required for business buildings. C. Rear yards shall, have a minimum of 25 feet. 18042 a-25 § 180-21 ZONING § 180-23 § 18D-21. Lot sip 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. Lot czaverage. No principal building shall be erected,or altered so as to cover more than. thirty percent (300/6) of the area of the lot on which it is located. ARTICLE III Residence A-2 Districts .§ '180-23. Permitted 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 petitioners property. ' (2) The owner of the lot adjacent in the rear of the petitioner's property- 1 18027 • § I M23 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 tho petitioner's property. the uwner. 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.-fhe • 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 oven ..-.._.-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. 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%) 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 nonilluminated Y professional nameplate having an area of not more than one hundred forty-four (144) square inches. The studios or offices of dancing or music teachers. photographers, masseurs. veterinarians, riding schoois and other similar businesslike pursuits are prohibited. • 18028 • § 1'80-23 .ZONING § 180-23 D. The. renting of rooms and the furnishing 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 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 display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges. public libraries or museums, churches or other places of 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. H. Bus ,passenger stations or shelters, not including repair service or . garaging. I. Telephone exchange buildings. J. Accessory buildings and uses customarily incident to any use permitted - - in_this-- section.--providid that--suc. _ use shall=riot be.-_offensive=-or-- - -- - dangerous to life by reason of health or fire, and provided further that 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 no business. service or industry is conducted therefrom or therein_ Not more than one (1) motor vehicle for each fire 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 kept on the premises. • 180 29 § .180-23 AGAWAM CODE § 180-25 Only one (1) such vehicle may be a commercial vehicle and of not more than three-fourths (3/4) 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 '§ 180-37B 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. - a § 180-24. Height 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 07)_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 requirements. 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-- i 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 PETER DISANTIS 30 RIDGEWAY DRIVE FEEDING HILLS, MA 01030 November 30, 2004 Department of Planning Board Members 36 Main Street Agawam, MA 01001 Attention: Ladies and Gentlemen RE: Carriage House Apartments, 1162-1172 Springfield Street, Feeding Hills, Massachusetts Dear Ladies and Gentlemen: I am an Agawam resident, taxpayer and registered voter. 1 live very close to the Carriage House Apartments. I hear that they are requesting a zone change to allow for further tenant parking. I regularly go by these apartments and parking appears to be a terrible problem. I think additional parking will benefit the town as well as the complex. As a neighbor of the complex, I fully support their proposal. Sincerely, Peter DiSantis DEC • John Martino 7 Sylvan Lane Feeding Hills, MA 01030 November 30, 2004 Planning Board 36 Main Street Agawam, MA 01001 Attention: Ladies and Gentlemen RE: Zoning change for increased parking at Carriage House Apartments Dear Ladies and Gentlemen: I am a registered voter and taxpayer of the City of Agawam. I live in close proximity to Carriage House Apartments. I am in support of their request for a zone change to allow further parking for the apartment residents. I believe this parking will case the congestion with the current parking situation. Sincerely, John Martino ���;1. OTC � � • ��� e '•y• ' y . ! i December 1, 2004 Town of Agawam 36 Main Street Agawam, MA 0 100 1 Attention: Planning Board Re: Carriage House Apartments - 1162-1172 Springfield Street, Feeding Hills, MA, zoning change for more parking Dear Members: I live in close proximity of the Carriage House Apartments. I understand they have applied for a zone change on certain property, which is adjacent to the apartment complex. I am in favor of their request as it will provide more parking for the complex. Yours truly, l Tom Longtinl `� 21 Ridgeway Drive Feeding Hills, MA 01030 December 1, 2004 Planning Board Town of Agawam 36 Main Street Agawam, MA 0 100 1 Dear Ladies and Gentlemen: I have noticed that there is very limited parking at the Carriage House Apartments on Springfield Street. I have heard that there is a zone change request, which is pending to allow a larger parking lot for the apartment complex. I am in favor of this proposal and I feel that it will be beneficial for the tenants and it will not negatively affect the neighborhood. By: George Beauchane 86 Homer Street Feeding Hills, MA 01030 � f age—' ¢ 5At� � i Mark A. Nicoll P.O. Box 633 Feeding Hills, MA 01030 November 30, 2004 Town of Agawam Planning Board 36 Main Street Agawam, MA 01001 RE: Proposed zone change for increased parking at Carriage House Apartments Dear Planning Board Members: Please be advised that I support the above-mentioned zone change. It appears to me that there is a shortage of parking at the Carriage House Apartments. I have on numerous occasions observed cars crowded into the space provided by the complex. I believe that with increased parking the complex and surrounding areas will be better served. Sincerely, VarkA. Nicoll December 1 , 2004 Planning Board Department Town of Agawam 36 Main Street Agawam, MA 01001 To Whom it May Concern: The Carriage House Apartments in Feeding Hills has very limited parking. I have seen cars park in the rear, front and side of the buildings and it is very crowded. I think it would be a good idea to allow them additional parking and it would not hurt other people in the area. Pat O' Donne I Asi ent VI i • TOWN OF AGAWAM INTEROFFICE z MEMORANDUM To: Planning Board CC: J.P. Stone, File From: Engineering Date: October 29, 2004 Subject: Proposed Zoning Amendment - 1176 Springfield St. Res. A2 to Bus. A Per your request dated October 27, 2004, I have reviewed the above referenced zoning amendment and have the following comments. The existing conditions were observed at 1176 and 1172 Springfield St. The apartment complex parcel is a continuous impervious surface with no drainage collection system. Runoff leaves the site via sheet flow onto adjacent parcels. The proposed parking area will increase the uninterrupted paved/roof area by approximately 21 %. The combined area of the two parcels is 1.18 acres. Depending on the nature of future site plan submittals to the Planning Board, a storm drainage permit will be required, and compliance with sections 175-22 & 175-35 of the Town Code. There are no objections to the proposed zone change, with the stipulation that the above referenced sections of the Town Code may come into effect with future submittals for improvements at this site. If you have any questions, please do not hesitate to contact our division. 7 'rely, / Si/Geo anne J. ' oyman, E. ow Engi er r. closure haengineerlplanninglzonam9.wpd f,"•`��� u § 175-21 AGAWAM CODE § 175,22ff § 175-21. Exemptions, extensions and deferrals. A. An land or parcel under conservation or agricultural ' y p g preservation'. restriction as defined in MGL C. 184, § 31, shall be exempt from assessment under this Article, except for the portion of said land or parcels occupied by existing buildings, which shall be required to pay proportional assessment based on the actual number of dwelling or business units served. Undeveloped public land, including all town county, state and federal land, shall not be assessed under this Article B. An owner may, within six (6) months after an assessment is made, make application to the Town Council for an extension of time for payment of all or a portion of his land that is not built upon in accordance with the conditions provided hereinafter: (1) All of the assessments on potential units within a parcel of undeveloped land or existing units not served by the town's water system may be extended. If such extension is granted, the assessment amount so extended shall be subject to an eight- percent annual interest charge compounded. This interest need not be paid annually but shall accumulate as a lien against the property. A condition of a grant of any extension shall be that the assessment plus accumulated interest must be paid in full upon development of the land at the time of building permit application or upon connection of an existing unit to the water system. (2) All extensions of time for payment ordered by the Town Council shall be recorded in the Hampden County Registry of Deeds by the Town Clerk within thirty (30) days after adoption of the order. § 17 Said order shall clearly describe the conditions contained in All Subsection 13(1) above. build ARTICLE IV Building Sewers and Connections § 17 § 175-22. Permit required. (Amended 7-9-1984) A ; A. No authorized person shall uncover, make any connections with or requi w opening into, use, alter or disturb any public seer, storm drain, authc detention pond, watercourse or appurtenance thereof, or increase the comr main 17526 6-25-93' s ;t :4� _ it - II 75-22 WATER AND SEWERS § 175-24 percentage of impervious coverage of his land without first obtaining ja written permit from the Superintendent. A B. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being \ discharged into the system shall notify the Superintendent at least forty-five (45) days prior to the proposed change or connection. C. No owner or occupant of land shall cause or permit the same to be altered through construction, surfacing or otherwise so as to change the direction,or increase the rate or amount of water flowing therefrom without first obtaining a written permit from the Superintendent. in the case of utilizing storm drains, application for a permit shall be in the ; format described in § 175-35 hereof. .N r x � D. In the case of industrial users, an industrial discharge permit shall also s be required under § 175-49, Industrial pretreatment program requirements, prior to the issuance of a permit under this section. If an ' industrial discharge permit is amended, modified, suspended or revoked, then the permit issued under this section shad also be amended, modified, suspended or revoked. [Added 1-21-1986 by TOR- r 85-4] `. § 175 23. Installation fees. 4- All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. § 175-24. Separate building sewer required; exception. A separate and independent building sewer shall be provided for any building required' to have sewage collection and treatment by a proper government 0 I, authority, with the following exception: all multiple family complexes, a commercial complex, or an industrial complex which has a privately owned and maintained collector system. 1 , II '� • t 111 17527 f �i Ii *' 175-35 WATER AND SEWERS § 175-35 § 175-35. Drainage calculations; on-site detentions. [Added 7-9-19841 A. In applications for drainage permits required by § 175-22 and the utilization of storm drains, watercourses and drainage channels, and for C purposes of determining when and to what extent on-site detention and disposition of water is necessary, the owner, at his own expense, shall submit for approval to the Superintendent such design as the 3 Superintendent shall reasonably request at a scale no smaller than one - (1) inch equals eighty (80) feet and computations prepared by a Q registered engineer of the commonwealth, based on the rational method in accordance with the ASCE Manual and Report on Engineering Practice No. 37 (WPCF Manual of Practice No. 9). Applications for permits will be reviewed to determine capacity of the receiving storm drain or watercourse to handle the planned discharge, compliance with the townwide master drainage study entitled "Report xPP x of Surface Drainage, 1972" and within the Agawam Regional Industrial Park, in compliance with the stormwater management plan contained in the Environmental Impact Report, EOEA No. 4782, and shown on the topographic map of the plans for Agawam Regional Industrial Park - Industrial Park Improvement Project, filed with the Agawam Department of Public Works and the Agawam Planning Board. For r watersheds greater than twenty (20) acres, computations for culverts and watercourses shall be developed based on the Soil Conservation ; Service (SCS) methods in accordance with SCS Technical Release No. 55, Urban Hydrology for Small Watersheds. B. All land development projects that would increase stormwater runoff or increase the percentage of impervious coverage of the land shalt provide for on-site detention of the increased runoff unless specifically excluded herein. Excluded development projects are. r (1) Single-family dwellings on isolated lots of record. (2) Single-family dwellings on lots larger than one (1 ) acre in size that are not built in conjunction with a new subdivision of land requiring Planning Board approval. a (3) Any development on sites of one (1) acre or less that are not or could not be part of a series of contiguous new Form A Iots.e (4) Footing drain or sump pump discharges. B Editor's Note: Form A is on file in the Planning Depart rent offices. 17531 f� 1 II I� j I b: a § 175-35 AGAWAM CODE § �5) Any development for which detention has been provided ! ' ded by a! centralized basin to the extent of impervious land coverage provided by the central facility design. C. The design of detention facilities shall follow recommendation of the Soil Conservation Service in the publication entitled "Urban Hydrology for Small Watersheds", Technical Release No. 55 SCS, January 1975, r; or the latest version thereof. D. The design criteria for detention shall be a one-hundred-year storm of a twenty-four-hour duration unless specifically exempted by the r� Superintendent. :Y l E. All calculations, designs, plans and specifications, shall be prepared by a registered professional engineer. a ARTICLE V f/ _ Use of Public Sewers 175-36. Discharge of certain waters prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. - § 175-37. Discharge of unpolluted drainage. .rr Stormwater and all other unpolluted drainage shall be discharged to a natural f := outlet if such outlet is reasonably accessible. If no such outlet is available, such: '" { unpolluted wastes may be discharged into combined sewers or storm sewers if approved by the Superintendent. § 175-38. Prohibited discharges. [Amended 7-9-1984] 41 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:-"" A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. •. q i. 17532 ; ie I I o�� 9 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 z Q MAy`� 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: Beaumier/1176 Springfield Street- Zone Change - Residence A-2 to Business A DATE: November 16, 2004 On October 27, 2004, the Town received a request for a zone change for a parcel of land located at 1176 Springfield Street from Residence A-2 to Business A. The property is presently owned by Donna L. Beaumier(Trustee or Springfield 1175 Realty Trust) and is approximately 9,636 sq.ft.. The property is rear land of 1176 Springfield Street which has 60' of frontage on Springfield Street. The Planning Office has conducted a review of this proposal and submits this report for your information. The petitioner acquired 1176 Springfield Street for the purpose of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of the The Carriage House Apartments. The Carriage House Apartments which abut the property for which a zone change is being sought currently leases land from R J.. Cecchi,Trustee for much of its parking. The petitioner is concerned that the lease can be tenninated at any time by R. J. Cecchi, Trustee and would leave the apartments with insufficient parking. 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. � s Land Use and Zoni g As stated above, the property for which the zone change is being requested is zoned Residence A-2. The portion of the lot on which the house is located is zoned Business A. A copy of the zoning map for this area has been attached. The Assessor's Map shows that there are two abutters to the property other than The Carriage House Apartments. To the west, H 82 Springfield Street, is owned by Carol Kinsley. Mrs. Kinsley also owns a 15,000 sq. ft. vacant building lot fronting on Northwood Street. The property for which the petitioner is requesting a zone change directly abuts the vacant portion of the Kinsley property. To the north is a single family residence owned by Robert W. and Linda M. Uschmann. They have resided in this home for over 30 years. 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 pennitted 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. • i 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 . ♦ 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. ♦ CoIleges, 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 EnvirQnmental_Considerations The parcel is flat and in lawn. The only trees appear to be located on the parcel containing the apartments. There do not appear to be any environmental considerations. Other Considerations The purpose of the zoning map changes is to ensure the provision of adequate parking in the future for the apartments. The owner of the apartments owns both of the parcels. Changing the parcel to Business A would only affect one abutter, the owner of 32 Northwood Street. This property could be protected by the provision of a fence and/or landscape screen along the property lines. PARCEL MAP ,�} �• 1 ' O a 's 24426 i i 1 9 t J ` 1 13907 � r 04. ;t IPOOQ 1 _ 21300- I y ti 30 r" 10 0a 20145 'i 14395 .... 176 �i7z tt0-s Proposed Zone Change Submission by Applicant ZC - ,� C)04 - q .� COUNCIL,CLERK OFFICE THE TOWN COUNCIL AGAWAH::MA: t" AGAWAM, MASSACHUSETTS + 100tl OCT 21 A ID 5A September 2004 The undersigned being the owner of the land described below being part of the premises known as 1176 Springfield Street, Agawam, Massachusetts and being described in a deed dated October 30, 2003 and recorded in the Hampden County Registry of Deeds in Book 13729, Page 176, hereby respectfully petition the Town Council for the City of Agawam to change the zoning for the land described below from Residence A-2 Zone to Business A Zone. The land is described as follows and is shown on the plans entitled "Plan of Land Springfield Street Agawam MA owned by Donna L. Beaumier, Trustee of Springfield 1176 Realty Trust and Donna L. Beaumier, Trustee of 1162-1172 Springfield Street Realty Trust, Scale 20 ft/in: Date Mar 2004 Smith Associates Surveyors, Inc...." attached hereto, being more particularly described as follows: Beginning at a point which is N. 1° 21' 47" W two hundred three and 62/100 (203.62) feet from the Southeasterly corner of the land described in Book 13729, Page 176, which is located on the Northerly side of Springfield Street as shown on said plan; thence running S 80' 43' 29" W sixty (60) feet along the remaining part of the land described in Book 13729, page 176 to land now or formerly of C. Kinsley as shown on said plan; thence turning and running N 1° 21' 47" W along said last named land a distance of one hundred fifty-eight and 91/100 (158.91) feet to an iron pin at land of R.W. & L.M. Uschmann as shown on said plan; thence turning and running N 800 43' 29" E along said last named land a distance of sixty (60) feet to an iron pin at land now or formerly of R. J. Cecchi, Trustee as shown on said plan; thence turning and running along said last named land S 10 21' 47" E one hundred fifty-eight and 91/100 (158.91) feet to the point of beginning. The purpose for the requested zone change is two fold. Currently, the property located at 1176 Springfield Street is zoned one-half business and one-half Residence A2 which prevents the land being described above from being used as parking or for any use related to a business use for 1176 Springfield Street. In addition, the petitioner owns The Carriage House Apartments which abut the property located at 1176 Springfield Street to the East. Currently, much of the parking for The Carriage House Apartments is on land leased from R.J. Cecchi, Trustee. However, this lease can be terminated at any time by R.J. Cecchi, Trustee which would leave the apartments with insufficient parking. The petitioners acquired 1176 Springfield Street with the hope of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of The Carriage House Apartments which would add additional parking to The Carriage House apartments and eliminate the risk of inadequate parking if R.J. Cecchi, Trustee ever terminated the parking lease the petitioners now_have-,/--low.ever .;gince t e land described in this petition is currently zoned Residenc �#-2:168it;.portioh_`of then �operty 339757.doc 4CT 2 7 2004 cannot be used for parking or any business use for the benefit of the apartments or any business located at 1176 Springfield Street. By changing the zoning of the property from Residence A2 to Business A parking for .The Carriage House Apartments would be allowed on the rear of 1176 Springfield Street which would provide sufficient permanent parking in excess of that currently in existence for the apartments, and also allow for parking or any business which might ultimately be located at 1176 Springfield Street. Since the rear of the property is currently zoned Residence A2 and there is no separate access to said land, it is highly unlikely that the rear portion of the property at 1176 Springfield Street would ever be developed for single family residential purposes and thus result in the land being under utilized and being left vacant reducing potential tax revenues to the City of Agawam. By granting the zone change, it will allow petitioners to seek to use the land for parking for The Carriage House Apartments, thus eliminating a potential problem if R.J. Cecchi, Trustee should ever terminate his parking lease and making more parking spaces available for the apartments than currently exist eliminating the need for parking on streets or other locations should the parking lease be terminated. Signed this day of September, 2004. Springfield 1176 Realty Trust By � - Donna L. Beaumier, Trustee _Z_ 339757.doc s Or 0 • Bk 14015 Pg559 #21614 03-15-2004 @ 02t26p Massachusetts Quitclaim Deed Short Form(Individual) KNOW ALL MEN BY THESE PRESENTS,that We,DONNA L.BEAiTINffER and N C-) ALBERT J.BEAUMIER of I Alder Lane,Wilbraham,Hampden County,Massachusetts,for ��., consideration less than ONE HUNDRED AND 00/1 00,(S 100.00)DOLLARS grants to r Springfield €176 Realty Trust of 175 State Street,Suite 301,Springfield,Hampden County, Massachusetts,with quitclaim covenants, —� >r >.r- Certain real estate situated in Agawam,Hampden County,Massachusetts,on the north fir'' side of the highway leading from Feeding Hills to West Springfield and known as the .D 3 Springfield and Feeding Hills Road,and bounded and described as follows: b� Beginning on the highway at the westerly comer of land now or formerly of one Cooley, CM. n and running thence tom^ WESTERLY sixty(60)feet along said highway;thence NORTHERLY three hundred sixty-three(363)feet by land now or formerly of Thompson;thence EASTERLY sixty(60)feet on a line parallel with said highway;and thence SOUTHERLY three hundred sixty-three(363)feet by land of said Cooley,to the place of beginning. Being the same premises conveyed to the Grantoighercin by deed dated October 30,2003 and recorded in the Hampden County Registry of Deeds in Book 13729,Page 176. WITNESS our hands and se4js this IdY day of Feb 2004. Mary Ann shko,Witness Donn L.Beaumier 0 U Alber.J.Beaumier w THE COMMONWEALTH OF MASSACHUSETTS HAMPDEN,ss. February I oL,2004 w Then personally appeared the above-named Donna L.Beaumier and Albert J.Beaumier and acknowledged the foregoing instrument to be their free act and deed,before me, v in M ashko,Notary Public My Commission Expires,08/19/05 •c ('Individual-Joint Tenants-Tenants in Common) nCHAPTER 183 SEC.6 as amended by chapter 497 of 1969 Every Deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. • i Tax Card Information • Page 1 of 1 Card 1 of 1 Location 1176 SPRINGFIELD ST Parcel ID E10 3 11 Current Property Mailing Address Owner CROTEAU SUSAN J City FEEDING HILLS CROTEAU GARY A State MA Address 1176 SPRINGFIELD ST Zip 01030-2115 Zoning BA Current Property Sales Information Sale Date 6/26/2002 Legal Reference 12405-290 Sale Price 1 Grantnr(1.;P11Pr1 BONESTEEL IRVING H Two Year Prior Assessment Histo Fiscal Year 2002 Fiscal Year 2003 Property Use 101 Property Use 101 Total Value 69,300 Total Value 79 300 Current Property Assessment Fiscal Year 2004 Building Value 29,500 Land Area 0.489 acres Land Value 53,700 Total Value 83,200 Narrative Description This property contains 0.489 acres of land mainly classified as ONE FAM with a(n) BUNGALOW style building, built about 1917 , having VINYL exterior and ASPHALT roof cover, with 1 unit(s), 6 total room s 3 total bedrooms 1 total baths 0 total half baths . (144) 14 12 Mc m I: i BUT ' I-1A r a n¢rr a http://www.patriotproperties.com/agawanVsummary-bottom.asp 11/16/2004 9 Page 1 of 1 Card 1 of 1 Location 1182 SPRINGFIELD ST Parcel ID El 3 10 Current Property Mailing Address Owner KINSLEY CAROL City FEEDING HILLS State MA Address 1182 SPRINGFIELD ST Zip 01030-2115 Zoning BA Current Proper Sales Information Sale Date 6/5/1992 Legal Reference 8071 332 Sale Price 0 Grantor Seller KINSLEY D Two Year Prior Assessment Histo Fiscal Year 2002 Fiscal Year 2003 Property Use 101 Property Use 101 Total Value 95,200 Total Value 95,700 Current Property Assessment Fiscal Year 2004 Building Value 27,900 Land Area 0.330 acres Land Value 67,800 Total Value 95,700 Narrative Description This property contains 0.330 acres of land mainly classified as ONE FAM with a(n) OLD STYLE style building, built about 1870 , having CLAPBOARD exterior and ASPHALT roof cover, with 1 unit(s), 6 total rooms 3 total bedrooms 1 total baths 0 total half baths . ,o EEFP Y 1 24 } 11AT SFL FFL r F. OFP ?2 � http://www.patriotproperties.coiydagawam/summary-bottom.asp 11/16/2004 ZONING MAP / / •+++i+ice++.a+ • Ot JAW - i 1 .'ii♦ •����� �+ •+ �1♦�♦Ii1i♦1�♦♦i•♦♦f♦�1�b��.���4�a. ±irk W i♦♦ii♦i♦♦♦iii♦i at !'" f � i♦pti♦♦♦♦iii♦+♦i♦♦1♦ � � • 3 i•t n•iii♦♦♦♦♦ �•♦ii�.> iii♦•♦�� ♦♦♦♦♦ ♦•�♦•♦ � •�i ,�►•♦♦♦s;�S 4+iii♦i ♦ii♦ii�A) ►i♦♦ii1r� ♦♦♦♦♦♦♦♦1O ♦•v+S iii •♦♦ �S►i♦i1i1�� ►♦i♦ii+,�,� ♦♦♦�♦♦�♦� 11. '`� n:1 ►♦♦♦♦♦i♦♦p. ♦ fir.�� a �♦ii♦ • ♦♦! �♦♦iii♦i1� ♦♦♦♦♦♦♦�♦♦♦♦♦ • - ►+i+i • • . �rt iii♦♦♦♦1♦r �♦♦�♦♦�♦♦♦♦ • 11�r ♦iii a :[•'�r'cl � 1:,1♦ iii♦ 2 !Ir• �i�♦i 1f�1* •i+,�e � 7 � OSN t: ♦i♦1i♦ ��n�l ►ii♦ii �4� ♦iii♦ iri► iii♦ii♦ �! iip S y♦iii t+ ��;♦ iLn� ►��^ •L. i r • § 180-43 ZONING § 1$0-44 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 § 180-44. 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 District. B. The major use of a building or structure in this district shall be to store and display goods for sale at retail on the premises or to furnish a service intended for residents of the immediate vicinity. Banks, hotels, dining establishments, halls and office buildings shall be considered as complying with such requirements. C. No building, structure or land shall be used in whole or in part for any fabricating, manufacturing, converting, altering, finishing or assembling. D. One-story public garages for storage or repair of not more than 50 cars. The storage of a maximum of 150 motor vehicles out of doors is allowed to holders of first- and second-class motor vehicle dealer licenses. Body and fender work and the painting of cars in or out of doors is prohibited. The storage of dismantled vehicles or vehicle parts out of doors is prohibited. The storage of complete units such as truck 18041 4-2s-ss § 180-44 AGAWAM CODE § 180-4 bodies, tailgates, road sanders, farm machinery, school buses an ambulances is permitted_ An underground tank of not more than '1,00 gallons' capacity for drain oil-is permitted. E. A gasoline filling station, provided that not more thah 30,000 gallons c gasoline shall be stored on the premises. An enclosed lubritorium fc not more than three motor vehicles shall be permitted. Only minc repairing of motor vehicles is permitted. F. Open-air transient parking, after a public hearing by the Board c Appeals. G. Cabins, if licensed under MGL C. 140, § 32A to 32E, inclusive. H. -Drive-in restaurants and drive-through restaurants, after a spec-2 permit by the Board of Appeals in conformance with § 180-11. At n, time shall less than 50 parking spaces be provided on site. [Adder 3-21-1994 by TOR-94-11 1. Drive-through service windows utilized by any business shall requirei. special permit from the Board of Appeals in conformance wit; § 180-11. [Added 9-20-1997 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, ware tanks or hose towers or required bulkheads or elevator penthouses. ." residence building shall comply with the height requirements fo. 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 Districts. § 180-46. Setbacks;yards; loading areas. A. Setbacks shall be at least 35 feet. B. Side yards are not required for business buildings. C. Rear yards shall have a minimum of 25 feet. 18042 a-z5- § 1:80-21 ZONING § 180-23 § 180-21. Lot sim- 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. Lot coverage. No principal building shall be erected or altered so as to cover more than thirty percent (30%) of the area of the lot on which it is located. ARTICLE III Residence A-2 Districts § -180-23. Permitted 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 petitioners property. (2) The owner of the lot adjacent in the rear of the petitioner's property. i 18027 1 E § 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 petitioner's property. the owner of the lot which abuts the greater length on the petitioner's 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. 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 (2004) 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 noniiluminated professional nameplate having an area of not more than one hundred forty-four (144.) square inches. The studios or offices of dancing or music teachers. photographers. masseurs, veterinarians. riding schoois and other similar businesslike pursuits are prohibited. 18028 § 1-80-23 .ZONING § 180-23 D. The renting-of rooms and the furnishing 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 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 display or advertising visible from the street, other than as permitted in Subsection C of this section. F. Colleges. public libraries or museums. churches or other places of 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. H. Bus passenger stations or shelters. not_ including repair service or 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 such accessory use shall not inciude'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 no business. service or industry is 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 kept on the premises. 18029 . ! i § .180-23 ACAWAM CODE § 180-25 Only one (1) such vehicle may be a commercial vehicle and of not more than three-fourths W4) 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 '§ 180-37B 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, Height 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. �I § 180-25. Setback requirements. A. No part of any building shall be placed within thirty (30) feet of any street line. f 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. 4 18030 i o�� 9 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 y MP Tel. 413-786-0400 Fax 413-786-9927 ATf4 November 3, 2004 Dear Abutter: Donna Beaumier, Trustee of Springfield 1176 Realty Trust, has submitted to the Town a request for a zone change on property located at 1176 Springfield Street. The property is currently zoned Residence A-2. The request is to zone the 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, November 18, 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, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:pre 0 MOCCIO BENJAMIN & BERTHA L.T. KAROLINSKI JACOB & BERNICE 1211 SPRINGFIELD ST 1189 SPRINGFIELD ST FEEDING HILLS, MA 01030-2179 FEEDING HILLS, MA 01030 DECARO FRANK TOWN OF AGAWAM 1236 SPRINGFIELD STREET 36 MAIN ST FEEDING HILLS, MA 01030 AGAWAM, MA 01001-1825 VINVIN LIMITED PARTNERSHIP DEAN NICOLE 630 SILVER ST 25 NORTHWOOD STREET AGAWAM, MA 01001-2940 FEEDING HILLS, MA 01030-1629 JOHNSON JOHN A MULLANEY DONNA 31 NORTHWOOD STREET 35 NORTHWOOD ST FEEDING HILLS, MA 01030 FEEDING HILLS, MA 01030-1629 SARNELLI LUIGI A VAN DYKE ELIZABETH 41 NORTHWOOD ST 51 NORTHWOOD ST FEEDING HILLS, MA 01030-1629 FEEDING HILLS, MA 01030-1629 DIDONATO ANTHONY MERCERI BERND 145 MAPLE ST 61 NORTHWOOD ST AGAWAM„ MA 01001-1346 FEEDING HILLS, MA 01030-1629 KNIGHT RICHARD E DECARO FRANK 65 NORTHWOOD ST 1236 SPRINGFIELD STREET FEEDING HILLS, MA 01030-1629 FEEDING HILLS, MA 01030 S S COUSINS 11 LLC KINSLEY CAROL 93 WEST BROAD ST 1182 SPRINGFIELD ST SPRINGFIELD, MA 01109 FEEDING HILLS, MA 01030-2115 BEAUMIER,DONNA L PAGE WAYNE R 175 STATE STREET 70 NORTHWOOD ST SUITE 301 FEEDING HILLS, MA 01030-1630 SPRINGFIELD, MA 01103 PANAIA ANNA MARIA FOURNIER ALICE L 66 NORTHWOOD ST 62 NORTHWOOD ST FEEDING HILLS, MA 01030-1630 FEEDING HILLS, MA 01030-1630 DAVIS EDWARD H MASSASRO ALAN R 52 NORTHWOOD ST 40 NORTHWOOD ST FEEDING HILLS, MA 01030-1630 FEEDING HILLS, MA 01030-1630 USCHMANN ROBERT W KINSLEY CAROL 32 NORTHWOODST 1182 SPRINGFIELD ST FEEDING HILLS, MA 01030-1630 FEEDING HILLS, MA 01030-2115 CECCHI ROBERT J TRSTE ELEVEN SIXTY TWO - ELEVEN SIEVE 1109SPRINGFIELD STREET 175 STATEST/SUITE 400 FEEDING HILLS, MA 01030-2114 SPRINGFIELD, MA 01101 CECCHI ROBERT J TRSTE LEEMILT'S PETROLEUM, INC. 1109 SPRINGFIELD ST 1500 HEMPSTEAD TURNPIKE FEEDING HILLS„ MA 01030-2114 EAST MEADOW, NY 11554 CECCHI ROBERT J TRS OF POIRIER ROGER J 1109 SPRINGFIELD ST 1140 SPRINGFIED STREET FEEDING HILLS, MA 01030-2114 FEEDING HILLS, 01030-2115 KLAUS GENEVIEVE S LIT RUBACHA MAXIMILIAN JR 15 BELVIDERE AVE 21 BELVIDERE AVE FEEDING HILLS, MA 01030-1712 FEEDINGHILLS, MA 01030-1712 ROMANKO MARY E SHOPEY MARJORIE P 27 BELVIDERE AVE P 0 BOX 52 FEEDING HILLS, MA 01030-1712 FEEDING HILLS, MA 01030-0052 To be run 11/4/04 & 11/11/04 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, November 18, 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 Donna Beaumier, Trustee for Springfield 1176 Realty Trust for a proposed zone change at 1176 Springfield Street. The property is zoned Residence A2. The request is to zone the 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 f 1/4/04 & 11111/04) cc: Planning Boards of: m Southwick Springfield West Springfield Westfield Suffield, CT PVPC Dept. Of Housing & Community Development Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1$37 AhD MPy`� 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: October 27, 2004 SUBJECT: Proposed Zone Change - 1176 Springfield Street - Beaumier The Planning Board has received a request for a zone change by Donna Beaumier, Trustee, Springfield 1176 Realty Trust for property at 1176 Springfield Street. The property is currently zoned 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 November 18, 2004 We would appreciate any comments you may have prior to this bearing. Sincerely, � 6 � Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD t DBH/DSD:pre I AML To: Planning Board Ursula Ret2ler, Council Clerk From: Subject: Zone Change -- 2004-4 Date:__ October 27, 2004_ ZONE CHANGE - from Residence A2 tc Business A for property located at 1176 Springfield St. , Agawam, MA ' for Donna L. Beaumier. Received by Council l r -oQm Bldg_..Dp.pmt, on 0 tr,ber 27, 2004. Submitted to Planning Board on October 27, 2004, Planning Board to hold their public hearing on November 18, 2004. City Council proposed to hold their Public hearinno December`6, 2004,_ after appearing on the agenda on drivemher 3, 2004. Pl nning Bctarr Signature K-'1209 zC - ,:20o4 - 'COUNCIL CLERK OFFICE THE TOWN COUNCIL AGAWAM: MA': AGAWAM, MASSACHUSETTS , 1004 OV 21 A 0,51, i September�2004 The undersigned being the owner of the land described below being part of the premises known as 1176 Springfield Street, Agawam, Massachusetts and being described in a deed dated October 30, 2003 and recorded in the Hampden County Registry of Deeds in Book 13729, Page 176, hereby respectfully petition the Town Council for the City of Agawam to change the zoning for the land described below from Residence A-2 Zone to Business A Zone. The land .is described as follows and is shown on the plans entitled "Plan of Land Springfield Street Agawam MA owned by Donna L. Beaumier, Trustee of Springfield 1176 Realty Trust and Donna L. Beaumier, Trustee of 1162-1172 Springfield Street Realty Trust, Scale 20 ft/in: Date Mar 2004 Smith Associates Surveyors, Inc...." attached hereto, being more particularly described as follows: Beginning at a point which is N. 1' 21' 47" W two hundred three and 62/100 (203.62) feet from the Southeasterly corner of the land described in Book 13729, Page 176, which is located on the Northerly side of Springfield Street as shown on said plan; thence running S 80° 43' 29" W sixty (60) feet along the remaining part of the land described in Book 13729, page 176 to land now or formerly of C. Kinsley as shown on said plan; thence turning and running N 1" 21' 47" W along said last named land a distance of one hundred fifty-eight and 91/100 (158.91) feet to an iron pin at land of R.W. & L.M. Uschmann as shown on said plan; thence turning and running N 80' 43' 29" E along said last named land a distance of sixty (60) feet to an iron pin at land now or formerly of R. J. Cecchi, Trustee as shown on said plan; thence turning and running along said last named land S 1" 21' 47" E one hundred fifty-eight and 91/100 (158.91) feet to the point of beginning. The purpose for the requested zone change is two fold. Currently, the property located at 1176 Springfield Street is zoned one-half business and one-half Residence A2 which prevents the land being described above from being used as parking or for any use related to a business use for 1176 Springfield Street. In addition, the petitioner owns The Carriage House Apartments which abut the property located at 1176 Springfield Street to the East. Currently, much of the parking for The Carriage House Apartments is on land leased from R.J. Cecchi, Trustee. However, this lease can be terminated at any time by R.J. Cecchi, Trustee which would leave the apartments with insufficient parking. The petitioners acquired 1176 Springfield Street with the hope of providing a permanent joint parking and access easement on 1176 Springfield Street for the benefit of The Carriage House Apartments which would add additional parking to The Carriage House apartments and eliminate the risk of inadequate parking if R.J. Cecchi, Trustee ever terminated the parking lease the petitioners now have. However, since t described in this petition is currently zoned Residence A2, th arbc�' 6v1fl c,'prope, 339757.doc 4�; 2 7 2004 cannot be used for parking or any business use for the benefit of the apartments or any business located at 1176 Springfield Street. By changing the zoning of the property from Residence A2 to Business A parking for The Carriage House Apartments would be allowed on the rear of 1176 Springfield Street which would provide sufficient permanent parking in excess 'of that currently in existence for the apartments, and also allow for parking or any business which might ultimately be located at 1176 Springfield Street. Since the rear of the property'is currently zoned Residence A2 and there is no separate access to said land, it is highly unlikely that the rear portion of the property at 1176 Springfield Street would ever be developed for single family residential purposes and thus result in the land being under utilized and being left vacant reducing potential tax revenues to the City of Agawam. By granting the zone change, it will allow petitioners to seek to use the land for parking for The Carriage House Apartments, thus eliminating a potential problem if R.J. Cecchi, Trustee should ever terminate his parking lease and making more parking spaces available for the apartments than currently exist eliminating the need for parking on streets or other locations should the parking lease be terminated. Signed this �_ day of September, 2004. Springfield 1176 Realty Trust By io' Donna L. Beaumier, Trustee _2_ 339757.doc r Bit 14015 Ag559 #21614 03-15-2004 .0 02:26p Massachusetts Quitclaim Deed Short Form(Individual) KNOW ALL MEN BY THESE PRESENTS,that We,DONNA L.BEAUMIER and C) ALBERT J.SEAUMIER of 1 Alder Lane,Wilbraham,Hampden County,Massachusetts,for C consideration less than ONE HUNDRED AND 001100,($100.00)DOLLARS grants to Springfield 1176 Realty Trust of 175 State Street,Suite 301,Springfield,Hampden County, r Massachusetts,with quitclaim covenants, "^•' > 3 Certain real estate situated in Agawam,Hampden County,Massachusetts,on the north � side of the highway leading from Feeding Hills to West Springfield and known as the ]> 3:xz Springfield and Feeding Hills Road,and bounded and described as follows: pa Q. -n Beginning on the highway at the westerly corner of land now or formerly of one Cooley, LQ and running thence .�. WESTERLY sixty(60)feet along said highway,thence NORTHERLY three hundred sixty-three(363)feet by land now or formerly of Thompson;thence EASTERLY sixty(60)feet on a line parallel with said highway;and thence SOUTHERLY three hundred sixty-three(363)feet by land of said Cooley,to the place of beginning. Being the same premises conveyed to the Grantogherein by deed dated October 30,2003 and recorded in the Hampden County Registry of Deeds in Book 13729,Page 176. Cn WITNESS our hands and se s this I'd day of Feb 12004. ?' Mary Ann shko,Witness Dann L.Beaumier 0 U - Albe J.13eaumier b a x THE COMMONWEALTH OF MASSACHUSETTS HAMPDEN,ss. February fd—,2004 Then personally appeared the above-named Donna L.Beaumier and Albert J.Beaumier s and acknowledged the foregoing instrument to be their free act and deed,before me, M AruyPashko,Notary Public cn My Commission Expires.08/19/05 c 'G ("Individual-Joint Tenants-Tenants in Common) CHAPTER 183 SEC.6 as amended by chapter 497 of 1969 Every Deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. > � 1 1 1 LOG BOX I DOCU&MNT# / _ 1 ) 2.9--- - ------ PAGE # - 1 1 • II l