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I �jr Town of Aga40difi 36 Main Street Agawam, Massachusetts 01001-1837 p Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD n November 2, 2007 Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor i.. cr, Cecilia Calabrese, Councilor w Ruth Carr-Bitzas, Councilor C ' �r Gina M. Letellier, Councilor 9� Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on November 1., 2007,the Agawam Planning Board voted to send a negative recommendation to the Town Council with regard to the Town exercising its right of first refusal on Chapter 61A land located on North Westfield Street(16.3 acre parcel owned by Impoco). Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: k, Solicitor, File "Town of Agawam q� 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413.786-9927 MEMO TO: AGAWAM PLANNING BOARD AGAWAM CONSERVATION COMMISSION FROM: DEBORAH S. DACHOS, DIRECTOR OFFICE OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: 6 1 A NOTIFICATION- Impoco - North Westfield Street DATE: October 31, 2007 On October 10;2007,the Town of Agawam received notification from Samantha Giuggio and Paula Bruno, trustees of the Revocable Indenture of Trust of Joyce A. Impoco of their intent to sell approximately 16.30 acres of land classified under the 61 A Agricultural Land Program. The land is located on the east side of North Westfield Street north of Yale Avenue. The land had been used as a chicken farm until recently. A locational map and aerial photo is attached. The frontage for the parcel is 50'on North Westfield Street. The parcel is abutted to the north by the a single family dwelling and to the south by a single family dwelling. The entire perimeter of the property is bordered by residential development. The majority of the site is zoned Agricultural. Only 200'to the east of North Westfield Street is zoned Residence A-2. The proposed purchase price for the land is. $700,000 or approximately $42,945 per acre. In comparison, the purchase price for Tuckahoe Turf Farm which was 292 acres was $1,160,000 or $3,700 per acre. The property contains both wetlands and a small pond. Numerous farm buildings which housed the chicken processing activities are found on-the site and would need to be removed. Previous plans prepared by the Town including the plan "Agawam Farmland: A Plan for Preservation" do not recommend purchase or actions to preserve this parcel. Given the high cost of the land,the cost of removal of the farm buildings and the wetlands resources, I recommend that the Town of Agawam not exercise its Right of First Refusal on this property. 10�r�[�? IL Al Please rf � BACONS f 65 WILSON Vq[67 PC. October 10, 2007 - MORNEYS AT LAW Board of Assessors City of Agawam 43 STATE STREET FRINGFELD,MA Town Hall 36 Main Street �PRINGFIE�D,MA Ot 703-2003 � AX(413)739-7740 Agawam, MA 01001 ELEPHONE(413)781.0560 To Whom It May Concern: 11CHAEL S.RATNER MAUL.R.SALVAGE 1 �LF - Pursuant to Massachusetts General Laws, Chapter 61A, Section 14, you are AUL H.ROTHSCHILD hereby notified that Samantha Giuggio and Paula Bruno, Trustees of the TEPHEN N,XREVALIN IYMAN G.DARLING Revocable Indenture of Trust of Joyce A. Impoco under Declaration of Trust IARK J.BEGLANE UARYG.BRETON dated January 12, 2001, hereby intend to sell the land shown on the attached 1ICHAENNE LJ. ALBA plan (which land consists of 16.30 acres of land on North Westfield Street, ENNETH J.ALBAND r ICHARDA.CORBERT Agawam, Massachusetts as described in a deed dated January 17, 2001 and OBERT&MURPHY,JR. HILIPA,SMITH recorded in the Hampden County Registry of Deeds in Book 11476, Page 1.56. O NA I R.MIRKIN 9XLER See also Deed in Book 7381, Page 296) to Ralph DePalma in accordance with ONNA L WEXLER JLIE A.DIALESSI-LAFLEY' INAM.BARRY the attached Purchase and Sale Agreement for $700,000.00 to be used for a .DION DAM J.BASCH'" �' single familyresidential subdivision. DAM J. ENJAMIN M.COYLE RETT A.KAUFMAN DDOC.RATHEW Pursuant to MGL, Ch. 61A, Section 14, the Town of Agawam, Massachusetts ARK A.TANNER" ICHAEL J.GRILLI possesses a right of first refusal on said Sale, and this notice is given pursuant ° AV.MALTBY RYF EVLACCOUA to said Right of First Refusal. If the Town of Agawam does not wish to exercise 9UCEM.FOGEL -its Right of First Refusal, I enclose herewith a' Waiver of Right of First Refusal SA L HALBERT :FFREY L FIAI KY°TEPFiEN B.MDNSEIN for the Town to sign. If the Town of Agawam wishes to exercise its Right of ZTER w.MAcCONNELL First Refusal, please notify the undersigned. =_NNIS G.EGAN.'JR.' 4RRYY LEM`SACKS"-A& In addition, we would request a calculation of any conveyance or rollback tax 1GENEB.BERMAN A.MWE which may be due to the Town of Agawam. .1ZABETH A.GINTER Y g 'ADM{FTE1 AM IN CT - 'ADMITTEDALSOINNY I enclose herewith a check made payable to the Town of Agawam in the ADMITTED ALSO IN ME ADMIT7ED ALSO INNC _ amount of $6.00 for the issuance of the Waiver of Right of.First Refusal and for WW,bacon-wiison.com the calculation of any conveyance or rollback tax due on account of said transaction. 9 CHAPEL STREET 7 31 TRUMBULL ROAD 6 SOUTH EAST STREET WESTFIEM MA b1085.3W9 v L NORTHAMPTON,MA 01060.30M P.O.BOX 2060 AMHERST.MA 01004-2060 FAY(41RY SA7.nrdA•TFI FPWrVdC!AIIN 990-AAii� ------- y BACON &WILSON, P.C. Board of Assessors October 10, 2007 Page 2 The address of the Seller and the Seller's Attorney is Mark J. Beglane, Esq, Bacon & Wilson, P.C., .33 State Street, Springfield, MA 01103 and the phone number for the Trust and the Trust's Attorney is (413) 781-0560. If you have any questions or concerns, please contact the undersigned. Sincerely yours MARK ]. BEGLANE Attorney for Samantha Giuggio and Paula Bruno, Trustees of the Revocable Indenture of Trust of Joyce A. Impoco dated January 12, 2001 MJB/ld Enclosure 23822.003 552098 cc: Mayor Richard Cohen — BY CERTIFIED MAIL cc: City Council — BY CERTIFIED MAIL cc: Planning Board — BY CERTIFIED MAIL cc: Conservation Commission — BY CERTIFIED MAIL cc: Massachusetts State Forester c/o Department of Conservation and Recreation for the Commonwealth of Massachusetts -- BY CERTIFIED MAIL COMMERCIAL PURCHASE AND SALE AGREEMENT r . AGREEMENT made this aday of 2006 by and between SAMANTHA GIUGGIO and PAULA BRUNO, Trustees of th Revocable Indenture of Trust of JOYCE A. 1MPOCO under Declaration of Trust dated January 12, 2001, both care of MARK J. BEGLANE, ESQ., 33 State Street, Springfield, Massachusetts 01103, hereinafter called the SELLER, who agrees to SELL, and RALPH DePALMA of 515 Hillside Road, Westfield, Massachusetts 01085, hereinafter called the BUYER, or his nominee who agrees to BUY the Premises hereinafter described, upon the terms and conditions hereinafter set forth. 1. Description, The Premises are bounded and described as follows: The land'and buildings located at 236 North Westfield Street, Feeding Hills, Massachusetts, as more particularly described in a Deed dated January 17, 2001 and recorded .in the Hampden County Registry of Deeds in Book 11476, Page 156, a .copy of which is attached hereto as Exhibit "A", consisting of approximately 16.30 acres of land with buildings and improvements located thereon. 2. Buildings, Structures, Improvements, Fixtures. Included in the sale as a part of said Premises are the buildings, structures, and improvements now thereon, and the installed permanent fixtures belonging to the SELLER and used in connection therewith including, if any, all. furnaces, heaters, heating equipment, ail and gas burners and fixtures appurtenant thereto, hot water heaters., plumbing and bathroom fixtures, electric and other lighting fixtures, fences, gates, trees, shrubs, plants, and, if built in, air conditioning equipment. There is no personal property included within this sale. 3. Title Deed. Said Premises are to be conveyed by a good and sufficient Quitclaim deed running to the BUYER, or to the nominee designated by the BUYER by written notice to the SELLER at least twenty (20) days before the deed is to be delivered as herein provided, and said 439869.ao2 deed shall convey a good and clear record, insurable and marketable title thereto, free from encumbrances, except: (a) Provisions of existing building and zoning laws, (b) Existing rights and obligations in party walls which are not the subject of written agreement; (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal betterment assessed after the date of this agreement; (e) All easements, restrictions, if any, of record provided they do not substantially interfere with the use of the property for the erection of single family homes. If said Deed refers to a Plan to be recorded therewith, then BUYER shall deliver said Plan in recordable form together with the Deed. 4. Consideration- The agreed purchase price for said Premises is ONE MILLION AND 00/100 ($1,000,000.00) DOLLARS, of which FIFTY THOUSAND AND 00/100 ($50,000.00). DOLLARS have been paid as a deposit this day, and the balance of the purchase price is to be paid at the time of delivery of the deed in wired funds to SELLER'S designated account, or by certified, cashier's, treasurer's or bank check or acceptable local Attorney's Trustee check. The above price is based upon the fallowing: Two Hundred Fifty Thousand and 00/100 ($250,000.00 Dollars for the existing home and at least fifteen (15) building lots being approved for the land being purchased hereunder at Fifty Thousand and 001100 ($50,000.00) Dollars apiece. If more than sixteen (16) building lots including existing home are approved by the City of Agawam Planning Board, the BUYER will pay to the SELLER an additional Fifty Thousand and 00/100 $50,000.00) Dollars for each lot so approved over sixteen (16) lots. For purposes of this agreement,. Building Lot shall be defined as a lot on which a single _2_ 439869.ao2 family home can be built taking into'consideration subdivision control law, Board of Health and Environmental and Wetland laws and regulations. 5. Closing. The Deed is to be delivered and the consideration paid, (the "Closing") at the offices of Joseph A. Patella, Esq. on or before ninety (90) days after the appeal period for an approved subdivision plan has expired, to purchase the premises but in no event later than March .15, 2007, at 10:00 a.m. unless some other place and time should be mutually agreed upon in writing, time being of the essence, 6. Possession and Condition of Premises. Full possession of said Premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, said Premises to be then (a) in the condition that they are in at the time of the execution of this Agreement, reasonable wear and tear excepted, and (b) in compliance with the provisions of any instrument referred to in Clause 3 hereof. The BUYER shall be entitled to an inspection of said Premises three (3) days prior to the Closing of the deed in order to determine whether the condition thereof complies with the terms of this clause. The SELLER shall be responsible to maintain the premises during the term of this agreement including mowing of lawn, snow removal and general clean up including the area around the residential structure. SELLER shall insure all buildings and structures and shall maintain said buildings and structures. 7. Extension to Perfect Title or Make Premises Conform. If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if at the time of the delivery of the deed the Premises do not conform with the provisions hereof, then any payments made under this agreement shall be refunded and all other obligations of the parties hereto shall cease and this agreement shall be void and without recourse to the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform -3- 439869.ao2 to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or.before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (36) days. In the event that a lien(s) is filed against SELLER after the date of this Agreement, but prior to Closing, then SELLER agrees to (i) discharge such lien(s) by payment or bonding, or (ii) elect to terminate this Agreement. It is understood that one of the beneficiaries of the SELLER is currently operating a chicken farm and processing facility on the premises and that the SELLER will notify said beneficiary to vacate the premises once the BUYER has obtained subdivision approval of 16 building lots on the land to be purchased hereunder from the Agawam Planning Board. The beneficiary shall be free to remove all structures or personal property associated with said chicken farm and processing facility prior to closing without compensation being paid to BUYER. 8. (a) Failure to Perfect Title or Make Premises Conform. If at the expiration of .the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the Premises conform, as the case may be-all all as herein agreed, this agreement at BUYER'S option shall be terminated and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. (b) BUYER'S. Election to Accept Title, The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said Premises in their then condition and to pay therefor the purchase price without deduction, in which case the SELLER shall convey such title. 9. (a) Condemnation. If any authority having the right to eminent domain shall commence negotiations with SELLER or shall commence legal action against SELLER for the damaging, taking or acquiring of all or any part of the real estate, either temporarily or permanently, in any condemnation proceeding or by exercise of the right of eminent domain, -4- 439869.a02 SELLER shall immediately give notice of the same to BUYER. Upon the occurrence of any of the foregoing events, BUYER shall have the right, at its option, to terminate this Agreement by giving notice thereof to SELLER on or before the date fixed for the delivery of the deed, but in any event within thirty (30) days of the receipt of notice.of such event by SELLER to BUYER, in which event BUYER shall be released of all further obligations hereunder. If BUYER does not so terminate this Agreement, the purchase price for the Premises shall be reduced by the total of any awards, settlement proceeds, or other proceeds received by the SELLER at or prior to the delivery of the deed with respect to any damaging, taking or acquiring and after Closing and transfer of title to BUYER, the balance of any award shall,become the property of the BUYER. At the time of delivery of the deed, SELLER shall assign to BUYER all rights of SELLER in and to any awards, settlement proceeds or other proceeds payable by reason of any such damaging, taking or acquiring. The risk of condemnation or eminent domain shall be borne by the SELLER until the delivery of the deed. In the event of any negotiations with any authority regarding the payment of any awards or other sums or regarding any settlement on account of any damaging, taking or acquiring through condemnation or eminent domain, SELLER will inform BUYER of all such negotiations of which SELLER has notice and, if BUYER elects to proceed with the Closing, will permit BUYER to take part therein. (b) Fire or other Casualty.The risk of loss, or damage to the structures on the Premises by fire or other casualty, prior to the Closing, is assumed by SELLER. Upon the occurrence of any insured casualty in excess of Twenty-five Thousand and 001100 ($25,000.00) Dollars in value, the BUYER may, within ten (10) days thereof, make the following election: (a) to terminate this Agreement; (b) to accept conveyance of the Premises in their damaged condition in which event the SELLER shall assign all rights in the insurance claim. if such casualty is less than Twenty-five Thousand and 001100 ($25,000.00) Dollars of value, the BUYER shall accept the aa9ass.aaz Premises in their damaged condition and SELLER shall assign to BUYER all amounts recovered or recoverable on account of such insurance less any amounts reasonably expended by the SELLER for any partial restorations. Upon the occurrence of an uninsured casualty, the BUYER shall have the right to terminate this Agreement unless the SELLER shall have elected to repair and/or restore the Premises to substantially the same condition they were in prior to such casualty, and has in fact restored the premises prior to the closing date. 10. Acceptance of Deed. The acceptance of a deed by the BUYER or its nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 11. Use of Purchase Money to Clear Title. To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded within a reasonable time of the delivery of said deed in accordance with the practice standards of Massachusetts Real Estate Bar Association. 12. Insurance. Until the delivery of the deed, the SELLER shall maintain insurance on the Premises. 13. AdLustments. Fuel, Rents, Water Rates, Sewer use and taxes for the then current year shall be apportioned as of the day of delivery of the Deed; and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. If the amount of said taxes is not known at the time of the delivery of the Deed, they shall _6 _ 439669.a02 be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment as soon as the new tax rate and valuation can be ascertained; and if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between .the parties, provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 14. Deposit . All deposits made hereunder shall be helot by the SELLER'S Attorney, BACON & WILSON, P.C., as Escrow Agent for the parties and shall be duly accounted.for at the time for performance of this agreement. 15. Broker's Fee. The parties represent to each other that they have not dealt with a real estate agent or broker with respect to this transaction. If any agent or broker is entitled to a commission as a result of this transaction it shall be paid by the party with whom the agent or broker dealt and the party breaching this representation shall indemnify and hold the other party harmless from any claims as a result of such breach. 16. Default. If the BUYER shall fail to fulfill the BUYER's agreement herein, all deposits made hereunder by the BUYER shall be forfeited by the BUYER and retained by the SELLER as liquidated damages and not as a penalty thereof. This shall be SELLER'S sole remedy both at law and in equity. 17. Contingency. The BUYER'S obligations hereunder are conditioned upon BUYER receiving subdivision approval for at least sixteen (16) lots (including the house lot) for the land being purchased hereunder from the City of Agawam Planning Board. The BUYER shall apply for a subdivision of the land forthwith showing at a minimum sixteen (16) building. lots including the house lot, which subdivision plan shall be approved by the SELLER prior to submission to the Agawam Planning Board, and approval shall not be withheld unless the SELLER is able to show -7- 439869.ao2 that additional lots may be subdivided out of the land so purchased. If BUYER is unable to obtain sixteen (16) building lots on an approved subdivision, BUYER shall have the ability to cancel.this agreement by notifying SELLER in writing prior to March 1, 2007, 18. Right to Inspect The BUYER is purchasing the premises in an "as is" and "where is" condition. The BUYER shall have the right at BUYER'S sole costs and risk to inspect the home and the soils of the premises by consultants of BUYER'S own choosing. This right of inspection shall expire on April 18, 2006, The BUYER and its consultant(s) shall have the right of access to the home and property at reasonable times and in the presence of the SELLER or its authorized representative upon twenty-four (24) hours advance notice, for the purpose of inspecting the condition of said Premises. If the BUYER is not satisfied with the results of such inspection(s), this Agreement may be terminated without legal or equitable recourse to either party by the BUYER at its election, the parties thereby releasing each other from all liability under this Agreement, provided however, that the BUYER shall have notified the SELLER in writing together with a copy of the written report(s) stating the results of the inspection(s), on or before April 18, 2006 of its intentions to so terminate. If such written notice and report are not received on or before the expiration date hereinafter specified, the BUYER shall be bound to perform its obligations under this Agreement. It is agreed that the period granted to the BUYER for inspection(s) shall expire on April 18, 2006. BUYER shall also have the right to inspect the Premises at least three (3) days prior to the Closing to confirm that the condition is in accordance with the terms of this Agreement. SELLER hereby discloses that there currently is a one thousand (1,000) gallon underground oil tank on the premises, which oil tank provides the fuel to heat the home on the premises. BUYER shall have a right to inspect the tank and neighboring soils and groundwater as part of BUYER'S inspection contingency. Provided the tank is in good working order, BUYER will -a- 439869.ao2 accept said underground tank. 19. Hazardous Waste. The obligations of the BUYER hereunder are contingent upon its receipt of an environmental site analysis for the purposes of determining that the Premises do not have (i) any asbestos located thereon; and (ii) any hazardous wastes thereon in excess of those levels permissible by applicable Federal and state statutes; or (iii) that the Premises are not threatened by the existence of .hazardous materials from off-site sources. if such analysis discloses the existence of such hazardous wastes, asbestos, or off-site threatening sources, the BUYER shall notify the SELLER thereof, and the SELLER may either (a) elect to terminate this Agreement; or (b) elect to remove such wastes or asbestos at SELLER'S expense. The BUYER shall perform such analysis if it so desires, at its own expense by May 1, 2006 and furnish a copy to SELLER thereafter. BUYER shall have the right to enter on the Premises for purposes of performing such testing and making such analysis. If BUYER does not make any inspection or notify SELLER. prior to May 1, 2006 that the inspection discloses the existence of hazardous wastes,. asbestos or off-site threatening sources, then the operation of this clause shall thereafter become null and void except as hereinafter provided. In the event the inspection discloses the existence of such wastes, or off-site threatening sources which are not caused by BUYER'S operations on the property, and SELLER elects to remove the same, SELLER shall have one hundred twenty (120) days to complete such removal and to obtain a"no further action required" determination from the Massachusetts Department of Environmental Protection (the "DEP") that the Premises are presently believed to be free from such wastes and asbestos or in a condition acceptance to the DEP, SELLER represents and warrants to BUYER that SELLER has never generated, stored, (except for the 1,000 gallon fuel oil tank) handled or disposed of any hazardous waste or hazardous substance on or in the Premises in violation of State, Federal or local laws, rules, -9- 439869.a02 regulations or ordinances, and the SELLER is, to the best of its knowledge, not aware of the generation, storage, handling or disposal of such waste or substance on or in the Premises, at any time, by anyone else. For purposes of this clause, "hazardous waste" and "hazardous waste substance" shall mean any material which may be dangerous to health or to the environment,. including without limitation all "hazardous materials," "hazardous substances," and "oil" as defined. in any of the following statutes and their implementing regulations: (1) Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et sea. (2) Massachusetts Hazardous Waste Management Act, M.G.L. c 21C. (3) Massachusetts Super-fund Law, M.G.L. c 21E. (4) Toxic Substance Control Act, 15 U.S.C. Sec. 2601 et sea. - (5) Federal Insecticide Fungicide and Rodenticide Act, 7 U.S.C. Sec. 136. (6) Massachusetts Pesticide Control Act, M.G.L. c132C. (7) Hazardous Materials Transportation Act, 49 U.S.C. Sub-Section 1801-1802. (8) Federal Water Pollution Control Act, 32 U.S.C, Sec. 1251 et se . (9) Federal Solid Waste Disposal Act. (10) Federal Clean Air Act, 42 U.S.C. Sec. 1857 et Seq. The SELLER agrees to'hold harmless and indemnify the BUYER against all damages, claims, losses and liabilities, including legal fees, incurred by the BUYER as a result of the failure of this warranty. This provision shall survive delivery of the Deed. 20, Liability of Trustee Shareholder Beneficiary, Etc. If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor any shareholder of any corporation, partner of any partnership or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder, - 10- 439869.ao2 21. SELLER'S Representations. SELLER represents to BUYER as follows: (a) To the knowledge of the SELLER there is no pending or threatened condemnation or similar proceeding affecting the Premises or any portion thereof, nor has SELLER acknowledged that any such action is presently contemplated; (b) To the knowledge .of the SELLER there are no legal actions, suits or other legal or administrative proceedings, pending or threatened, effecting the Premises, and SELLER is not aware of any facts which might result in any such action, suit or-other proceedings; (c) No commitments have been made to any governmental authority, utility company or to any other organization, group or individual relating to the Premises which would impose an obligation on the BUYER to make any contribution or dedications of money or land or to construct, install or maintain any improvements of a public or private nature on or off the Premises; (d) SELLER has no contract for services, supplies or-the like relating to the ownership, operation or management of the Premises, including, but not limited to: management, rubbish and snow removal, exterminating, vending machines, employment contracts or executory agreements of any nature, which will obligate BUYER after the date of closing. (e) SELLER represents that it has received no written notice from the Commonwealth of Massachusetts Department of Environmental Protection regarding the existence of hazardous materials on the Premises which would result in the imposition of an environmental lien under Massachusetts General Laws, Chapter 21E. If SELLER receives any such notice prior to closing, it shall immediately provide BUYER with a copy of such notice. if any such notice is received, BUYER shall have the right to terminate this Agreement on account thereof, said right to be exercised within ten (10) days of the date BUYER receives the copy of such notice, except if such hazardous materials are the result of BUYER'S operations on the 439869.42 premises. (f) SELLER'S obligations hereunder are conditioned upon the City of Agawam waiving its right of first refusal to purchase the property under MGL Chapter 61A and releasing its lien for rollback taxes under Chapter 61A. SELLER shall apply for said waiver of right of first refusal once the BUYER has obtained subdivision approval for at least sixteen (16) building lots on the premises from the Agawam Planning Board. In the event that the City of Agawam exercises its right of first refusal, the SELLER shall reimburse the BUYER for up to Ten Thousand and 00/100 ($10,000.00) Dollars for actual costs of engineering, environmental studies and surveying of the property conveyed. This amount shall be paid at the time SELLER closes with the City of Agawam. 22. Warranties and Representations. Except as set forth in clause 21 above, the BUYER acknowledges that the BUYER has not been influenced.to enter into this transaction nor has it relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing. BUYER specifically acknowledges that SELLER has not made any representation or warranty as to any matter affecting or relating to the Premises, including, but not limited to, warranties relating to the physical condition of any buildings contained thereon or as to the water or sewage systems incorporated into the property. BUYER agrees that SELLER shall not be held liable for any representations made or furnished to BUYER by any of SELLER'S officers, agents, servants, attorneys or any other person. 23. Escrow Agent. The deposit has been paid by and on behalf and at the direction of SELLER to Broker as ("Escrow Agent") to be held by Escrow Agent on the terms hereinafter set forth. If the Closing takes place under this contract, Escrow Agent shall pay the amount of monies deposited with Escrow Agent to or upon the instructions of SELLER at the time of Closing. - 12- 439869.a02 If no Closing takes place hereunder, Escrow Agent shall continue to hold the monies unless directed to dispose of same in accordance with the provisions hereinafter set forth in this clause. It is agreed that the duties of Escrow Agent are only such as are herein specifically provided, being purely ministerial in nature, and that Escrow Agent shall incur no liability whatever except for willful misconduct or gross negligence so long as Escrow Agent has acted in good faith. SELLER and BUYER hereby release Escrow Agent from any act done or omitted to be done by Escrow Agent in good faith in the performance of Escrow Agent's duties hereunder. Escrow Agent shall be under no responsibility in respect of any of the monies deposited with it other than faithfully to follow the instructions herein contained. Escrow Agent may consult with counsel and shall be fully protected in any action taken in good faith, in accordance with such advice. Escrow Agent shall not be required to defend any legal proceedings that may be instituted against Escrow Agent in respect of the subject of these instructions unless requested so to do by SELLER and BUYER and indemnified to the satisfaction of Escrow Agent against the cost and expense of such defense. Escrow Agent shall not be required to institute legal proceedings of any kind. Escrow Agent shall have no responsibility for the genuineness or validity of any document or other item deposited with Escrow Agent, and shall be fully protected in acting in accordance with any written instructions given to Escrow Agent hereunder and believed by Escrow Agent to have been signed by the proper parties. Escrow Agent assumes no liability under this Agreement except that of a stakeholder. if there is any dispute as to whether Escrow Agent is obligated to deliver the escrow monies, or as to whom that sum is to be delivered, Escrow Agent will not be obligated to make any delivery of the sum, but in such event may hold the sum until receipt by Escrow Agent of an authorization in writing signed by all persons having interest in such dispute, directing the disposition of the sum, -13 - 439869.a02 or in the absence of such authorization, Escrow Agent may hold the sum until the final determination of the rights of the parties in an appropriate proceeding. If such written authorization is not given, or proceedings for such determination are not begun and diligently continued, Escrow Agent is not required to bring an appropriate action or proceeding for leave to deposit the sum in court, pending such determination. In making delivery of the monies in the manner provided for in this Agreement, Escrow Agent shall have no further liability in the matter. Escrow Agent has- executed this Agreement.at the end thereof to confirm .that Escrow Agent is holding, and will hold the monies in escrow pursuant to the provisions of this paragraph. 24. Non-Foreign Person. The SELLER represents that the SELLER is not a:"foreign person" as that term is defined in Section 1445 of the Internal Revenue Code, and at the Closing will deliver to BUYER an affidavit in the form annexed hereto as Exhibit to that effect. SELLER also agrees to provide to BUYER information necessary for BUYER to file a form 10998. 25. Notices. Any notices hereunder shall be given in writing by (i) certified mail, return receipt requested; or (ii) a national overnight courier service; or (iii) facsimile transmission and sent as follows: BUYER: RALPH DePALMA 515 Hillside Road Westfield, MA 01085 with a copy to: Joseph A_ Pacella, Esq. 67 Market Street Springfield, MA 01103 (413) 737-0260 SELLER-. SAMANTHA GIUGGfO and PAULA BRUNO, Trustees of the Revocable Indenture of Trust of Joyce impoco c/o Mark.J. Beglane, Esq. Bacon &Wilson, P.C. 33 State Street Springfield, MA 01103 (413) 781-0560 -'14- 439869.02 Any notice shall be effective upon (i) placement with a national overnight courier service; or (ii) receipt of mailing certified mail, return receipt requested; or (lii) receipt of a facsimile transmission. 26. Concluding Provisions. (a) Entire Agreement. This Agreement contains the entire understanding of the parties. There are no oral understandings, terms or conditions, and no party has relied upon any representation, express or implied, not contained in this Agreement. (b) Amendments. This Agreement may not be amended in any respect whatsoever except by a further agreement, in writing, fully executed by each of the parties. (c) Successors. This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, personal representatives, successors and assigns. (d) Joint Effort. Preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not be construed more severely against one of the parties than the other. (e) Captions. The captions of this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement or the intent of any provision contained in this Agreement. (f) Arbitration. The parties to this Agreement hereby agree that all disputes arising out of the execution, construction, interpretation, performance and/or enforcement of this Agreement shall be submitted to binding arbitration. Any party desiring to institute an arbitration proceeding under the terms of this Agreement must, within thirty (30) days prior to instituting an arbitration proceeding, file with the remaining parties to this Agreement a Demand for Arbitration, which Demand must include the identity of the issues being submitted to arbitration. During,this thirty (30) day time period, the parties must meet for the purposes of choosing an arbitrator to -15- 439869.ao2 hear the dispute. If in the event the parties are unable to agree upon the appointment of an arbitrator, a retired justice of the Hampden County Superior Court shall be selected by the Hampden County Mediation/Arbitration Service to hear this dispute. The arbitration proceeding shall be governed by the rules set forth by the arbitrator, and a decision of the arbitrator shall be final and binding upon all parties. Within thirty (30) days after the entry of an arbitration award by the arbitrator, the prevailing party shall be paid the entire amount of the award by the non- prevailing party. The parties to the arbitration proceeding shall pay, in equal amounts, the fees and costs of the arbitrator. (g) Counterparts. This Agreement may be executed in one or more copies, each of which shall be deemed an original. (h) Partial Invalidity. The invalidity of one or more of the phrases, sentences, clauses, Sections or Articles contained in this Agreement shall not affect the validity of the remaining portions.so long as the material purposes of this Agreement can be determined and effectuated. (i) Applicable Law. This Agreement shall be governed by,. construed and enforced in accordance with the laws of the Commonwealth of Massachusetts. (j) Exhibits. All exhibits referred to in this.Agreement shall be incorporated into this Agreement by such reference and shall be deemed a part of this Agreement.as if fully set forth in this Agreement. (k) Effective Date, This Agreement shall be dated and effective as of the date signed by the last party to sign. (1) No Offer. The delivery of an unexecuted copy of this Agreement shall not be deemed an offer. No rights are to be conferred upon any party until this Agreement has been executed and delivered to each party. - 96- 439869.a02 (m) Genders. Any reference to the masculine gender shall be deemed to include the feminine and neuter genders, and vice versa, and any reference to the singular shall include the plural, and vice versa, unless the content otherwise requires. (n) Initialling. Each page which contains a handwritten or typewritten change and each exhibit which is not attached to this Agreement shaii be initialled or signed by each. party. (o) This agreement shall be executed in counterparts and any counterpart shall be deemed an original. Signed as a sealed instrument on the day and year first above written. SELLER: The Revocable Indenture of Trust of Joyce mpoco Samantha Giuggio, Tffigtee B y Paula Bruno, Trustee BUYER: R h D Palma The undersigned Escrow Agenf joins this Agreement solely for the purpose of acting pursuant to the provisions of clause 23 herein. BACON & WILSON, P.C. y < - 17- 439869.ao2 Ek14lJ5 1'T the land in that put of Agawam, Hmpdm Cotrray, Marisachusata, kwm u Feed Hk being bounce and described as follows and Iwing the same pranises described in it plan of Iarid entitled "Survey of Land for Salvatore J.Impoco,"recorded herewith: B4nning at an iron pin in the easterly line of North Westfield Strm said iron pin Tieing distant northerly in said easterly line of North Westfield Street Two-Hundred Twclvo (212) facet from the Northwest Corner of land now or formerly of one Rodier;And naming thence N-qgh on said North Westfield Street Fifty(50) feet to an iron pin at the southwest corner of land now or formerly of one Impoco;thence ,EasMI along land of said Impoco Two Hundred Fifty(250) feet to an iron pin;thence N 40 - 35' E, One Hundred Eighty (180) feet along land of said Impoco and land now or formesiy of one Gent&to an iron pin at land now or formerly of one Greene;thence . N 85" • 15'—W Three Hundred Fifty Eight and 26/100 (358,26)feet along land of said Greene to an iron pin;thence 4" - 35' 1r,Three Hundred Six and 36/100 (306.36) feet along land of said Greene w an iron pin at land now or formerly of one Halladay;thence S 860 - 30' E, Six Hundred Seventy Six and 35/100 (676.35) feet along land of said Halladay, land now or formerly of one Watrous, and Iand of Grantors herein to an iron pin at land now or formerly of Western Mass. Electric Compan},thence &Uth along land of said Western Mass. Electric Company on a curve to the left with a radius of Five Thousand Fight Hundred Eighty Seven and 15/100 (5,887,15) feet, Two Hundred Ninety Two and 2/10(292.2) feet to an iron pin;thence Ear along same land Ten (10.0) feet to an iron pin;thence along same land Five Hundred Sixty and 4/10 (560.4)feet on a o nve to the left wA a radius of Fire Thousand Eight Hundred Eighty Seven and 15/100 (5,887,15) feet to an iron pin at land now or formerly of one Kellogg;thence ° ' ,along land of said Kellogg, Seven Hun"TweW and 9/10 (720.9) fax to an iron pin at land of Gm ntors herein;thence A - ' , along land of Grantors herein, Two Hundred Twelve (212) feet to an iron pin; thence Wow-&along land of Grantors herein and land now or formerly of one Tacolo Two Hundred Fifty(250) feet to place of beginning. Being the same premises conveyed to grantor herein and Salvatore J.Impow,otherwise known as Sam J. Impoco, by deed of John J. 0%rongly and Madelyn G. O'Krongly dated August 19, 1974, and recorded in the Hampden County Registry of Deeds in Book 4026,Page 79. The said Salvatore J. Impoao deceased September 9, 1999. The commonwealth of Massachusetts Executive Office of Health.and Human Services Department of public Health 1 Bureau of Environmental Health Assessment " 250 Washington Street, 71h Floor M[TT ROMNEY Boston, MA 02108 GOVERNOR (800) 532-9571 KERRY HEALtY LIEUTENANT GOVERNOR RONALO PRESTON SECRETARY CHRISTINE C. FERGUSON COMMISSIONER CHILDHOOD LEAD POISONING PREVENTION PROGRAM (CLPPP) PROPERTY TRANSFER LEAD PAINT NOTIFICATION Under Massachusetts and federal law, this notification package must be given to prospective purchasers of homes built before 1978.This package must be given in full to meet state and federal requirements. It may be copied as long as the type size is not made smaller. Every seller and any real estate agent involved in the sale must give this package before the signing of a purchase and sale agreement, a lease with an option to purchase, or, under state law,a memorandum of agreement used in foreclosure sales. Sellers and agents must also tell the prospective purchaser any information they know about lead in . the home. They must also give a copy of any lead inspection report, risk assessment report, Letter of Compliance or better of Interim Control. This package is for compliance with both state and federal lead notification requirements. Real estate agents must also tell prospective purchasers that under the state Lead Law, a new owner of a home built before 1978 in which a child under six will Iive.or continue to live must have it either deleaded or brought under interim control within 90 days of taking title.This package includes a check list to certify that the prospective purchaser has been filly notified by the real estate agent. This certification should be filled out and signed by the prospective purchaser before the signing of.a purchase and sale agreement, a lease with an option to purchase or a memorandum of agreement used in a foreclosure sale.It should be kept in the real estate agent's files. After getting notice, the prospective purchaser has at least 10 days,or longer if agreed to by the seller and buyer,to have a lead inspection or risk assessment if he or she chooses to have one, except in cases of foreclosure sales. There is no requirement for a lead inspection or risk assessment before a sale, A list of private lead inspectors and risk assessors licensed by the Department of Public Health is attached and can also be found on the Childhood Lead Poisoning Prevention Program's website at www.state,ma,us/deli/cippp. Sellers and real estate agents who do not meet these requirements can face a civil penalty of up to $1,000 understate law; a civil penalty of up to $10,000 and possible criminal sanctions under federal law, as well as liability for resulting damages. In addition, a real estate agent who faits to meet these requirements may be liable under the Massachusetts Consumer Protection Act. The property transfer notification program began in 1988 and has been very successful.It provides information you need to protect your child, or your tenants' child, from lead poisoning.Massachusetts has a tax credit of up to$I,SW for each unit deleaded.There are also a number of grants and no-interest or low- interest loans available for deleading.It's up to you to do your part toward ending lead poisoning. PLEASE TAKE 7HE TIME TO READ THIS DOCUMENT.LEAD POISONING IS THF.NATION'S LEADING ENVIRONMENTAL HAZARD AFFECTING CHILDREN. DON'T GAMBLE WITH YOUR CHILD'S FUTURE. CLfPP Form 94-2,6/304,Rov,2/03 What is lead poisoning?How do children become lead poisoned? Lead poisoning is caused by exposure to lead in the environment, It is most dangerous for children under six years old. in young children, too much lead in the body can cause permanent harm to the brain, kidneys, nervous system and red blood cells. Even at low levels, lead in children's bodies . can slow growth and cause (earning and behavioral problems. The main way children get lead poisoned is by swallowing lead paint dust. They do not have to chew on leaded surfaces or eat paint chips to become poisoned. Most childhood lead poisoning is caused by children's normal behavior of putting their hands or other things, such as toys, in their mouths. If their hands or these objects have touched lead dust, this may add lead to their bodies. Children can also be exposed to lead from such other sources as lead-contaminated soil or water, but these sources alone rarely cause lead poisoning. Lead can be found in soil near old, lead-painted houses. If children play in bare, leaded soil, or eat vegetables or fruit grown in such soil, of if leaded soil is tracked into the home and gets on children's hands or toys, lead may enter their bodies. What are the symptoms of lead poisoning? How is it detected? Most lead poisoned children have no special symptoms. The only way to find out if child is lead poisoned is to have his or her blood tested. The Massachusetts Lead Law requires all children between 9 months and 3 years old to be screened annually for lead,and again at age 4 if living in a high-risk community. If your child has been exposed to lead, or if you do not know if your child under age six has been screened for lead, ask your child's doctor, other health care provider or your local board of health for a simple screening test of your child. What is the treatment for lead poisoning? Treatment of a lead poisoned child starts with finding and removing the lead hazards to which the child is exposed. This will include a lead inspection of the child's home, and if lead hazards are identified, deleading of the home. Medical treatment depends on the child's blood lead level and the child's response to the removal of the lead source. Parents will be taught about protecting their child from lead exposure. They will need to watch the child's progress through frequent blood tests. If necessary, the child may receive special drugs to help rid his body of excess Lead. With this treatment, drugs are given daily for as long as several weeks. Sometimes this must be done more than once. A child who has been lead poisoned will need a lot of blood tests for a year or more. He or she should be tested for learning problems before starting school. Are children under six years old the only ones at risk of lead poisoning? No. Young children are usually more easily and seriously poisoned than older children or adults, but lead is harmful to everyone, Lead in the body of a pregnant woman can hurt her baby before birth. Older children and adults who live in older housing with lead paint hazards may become exposed to lead and could potentially develop lead poisoning through home renovation. Most lead poisoning in adults is caused by work-related exposure or home renovation. Even hobby supplies, such as stained glass, bullets and fishing sinkers, can expose people to lead. Lead poisoning in adults can cause high blood pressure,problems having children for both men and women, digestive problems, nerve disorders, memory loss and problems concentrating, and muscle and joint pain.Adults who have any of these symptoms and who have been exposed to lead should consider being screened for lead. Those who are regularly exposed to Iead through their work are required bylaw to have their blood tested once a year for lead. 2 What are the dangers of lead paint in homes, and when was it used? Lead paint in homes causes almost all childhood lead poisoning. Lead is so harmful that even a small amount of fine lead dust that cannot be seen can poison a child. Lead paint covered by layers of nonleaded paint can still poison children, especially when it is disturbed, such as through nosmai wear and tear, or home repair work. When such lead paint is on moving surfaces, such as windows, fine lead dust is released through normal use. This dust settles, where it can be easily picked up on children's toys and fingers. Household paint with poisonous (now illegal) levels of lead was in use in Massachusetts from the 1690s until 1978. In 1978, the U.S. government banned lead from house paint. .Lead can be found in all types of pre-1978 homes. Domes in cities, suburbs or the countryside; private housing and state or federal public housing; single-family and multi-family homes. The older the house, the more likely it is to contain lead paint. The older the paint, the higher the likely lead content. Can routine home repairs cause lead poisoning? There can be a danger of lead poisoning whenever painted surfaces inside or outside the home are scraped for repainting, or woodwork is stripped or removed, or windows or walls are removed. This is because lead paint is found in almost all Massachusetts homes built before 1978, and so many of Massachusetts' homes are old. Do not use power sanders, propane torches or heat guns to remove leaded paint, as these methods create a lot of lead dust and fumes. Temporarily move your family (especially children and pregnant women) out of the home white the work is being done and cleaned up; or at a minimum, tape up plastic sheets to completely seal off the work area. Get a lead inspection done, so that you will know which surfaces have lead paint and need extra care when preparing for and doing home repair work, and during cleanup afterwards. Do not do repairs in older homes without learning about safe ways to do the work to reduce the danger of lead dust. Hundreds of cases of childhood and adult lead poisoning result each year from do-it-yourself home projects. How does the owner of n home built before 1978 in which a child under six years old lives meet the requirements of the Massachusetts Lead Law? The first step is to have a lead inspection or risk assessment done. A licensed lead inspector will test the surfaces of the home for lead and give the owner a written report that states where there is lead in amounts considered a violation by state law, and record any lead hazards that must be corrected. A risk assessor,who is a specially licensed lead inspector,will do a lead inspection plus a risk assessment, during which he or she checks the home for the most serious lead hazards that must be fixed for interim control. (See question about interim control, below.) Only a licensed deleader may do high-risk work, such as removing lead paint or repairing chipping and peeling lead paint. Either a deleader, the owner or someone who works for the owner(an agent) can do certain other deleading and interim control tasks. (See next question.) An owner or agent must get special training to perform the deleading tasks they may do. After the work is done, the lead inspector or risk assessor returns to check the home. He or she may take dust samples to test for lead and makes sure the home has been properly cleaned up. If everything is fine, he or she gives the owner a Letter of Compliance or a Letter of Interim Control. After getting one of these letters, the owner must take reasonable care of the property, mainly by making sure there is no peeling lead paint. Can I do some of the deleading myself? 3 In Massachusetts, the owner or.someone who works for the owner( agent)ent an a can do certain deleading activities. These include covering surfaces with certain materials; removing certain building parts; capping baseboards; installing vinyl siding on the exterior, and applying encapsulants. Encapsulants are special liquid coatings made to be long-lasting barriers over lead paint. Before any of these deleading tasks are done, the owner must first have a lead inspection done and whoever is going to do the work must get special training. Contact CLPPP for information about this training. In addition, owners or their agents can perform structural repairs and lead dust cleaning for interim control. Before doing this work, owners and agents should get and read CLPPP's interim control booklet. Is there financial help for deleading? There is a state income tax credit of up to S 1,500 per unit for full deleading. A credit of up to $500 per unit is available for interim control work that also contributes to full deleading. There are also grants and no-interest, deferred loans, or low-interest loans available to eligible property owners. These funds are available through the U.S. Department of Housing and Urban Development, the Massachusetts Executive Office of Communities and Development, the Massachusetts Housing Finance Authority, local city and town community development planning departments, and banks. Does deleading improve the value of my property? Many homeowners have found that the benefits of deleading are not unlike the benefits of other Dome improvement.projects. Replacement windows and doors can save the homeowner money because they are more energy efficient..Having a legally deleaded home, whether it is a single-family or multi-family, owner-occupied or rental unit, can make it easier to sell or rent, often at a better price. What surfaces must be deleaded for full compliance with the Massachusetts Lead Law? Owners of homes built before 1978 where children under six years of age live must have the following lead hazards corrected to get a Letter of Compliance. * any peeling, chipping or flaking lead paint, plaster or putty; * intact lead paint, other coating or putty on moveable parts of windows with sills five feet or less from the floor or ground and those surfaces that come in contact with moveable parts; * intact lead paint or other coating on"accessible mouthable surfaces."These surfaces generally include woodwork, such as doors, door jambs, stairs and stair raiIs,.and window.casings. What is interim control? Interim control is a set of temporary measures that property owners can take to correct urgent lead hazards, especially peeling or chipping lead paint and lead dust. These steps protect residents from lead poisoning until the home is fully deleaded, Homes in good condition may need little or no work to get interim control status. Owners then have up to two years before they have to fully delead the home. For that period,they are protected from strict liability under the state Lead Law should a child become lead poisoned in the home, as long as the home is maintained and the conditions for interim control are met. In addition to the repair of peeling and chipping lead paint and the cleaning of lead dust, other work may be necessary for interim control. This includes-fixing water leaks or other damage that makes lead paint peel and chip; making window wells smooth and easy to clean;matting windows work properly and deleading any badly chipping and peeling lead-painted surfaces. 4 Property owners interested in interim control must hire a licensed risk assessor. He or she will then decide what work, if any, needs to be done to get a Letter of Interim Control. The original Letter of Interim Control is good for one year. The property owner can have the home reinspected before the end of that year, and if all conditions are met, the home can be recertified for another year. By the end of the second year, the home must be deleaded, if a child under six stir lives there, for the owner to remain free of strict liability. Does my family have to be out of the house during deleading or interim control work? Residents must be out of the house for the entire time that a deleader is doing deleading work inside a home, and for some of the deleading work by owners and their agents. Residents may stay at house, but out of the work area, while a deleader, property owner or owner's agent without a deleader's license does certain other deleading tasks, or such interim control work as structural repairs or lead dust cleaning. Residents who have been out of the house may not retum until the deleading work that made.it necessary for them to leave is complete, the home is cleaned up, and a lead inspector or risk assessor has checked and found this work has been properly done and dust samples have passed.For complete details, contact CUPP. Are there any exemptions to the Massachusetts Lead Law? The Lead Law applies only to homes built before 1978 in which a child under six lives. Any home or apartment having fewer than 250 square feet of living space,or which is in a rooming house, is exempt, as long as no child under age six is living there. Finally, homes rented for 31 days or less for vacation or recreational purposes are also exempt, as long as there is no chipping or peeling lead paint in the home and the renter has received the Short-Term Vacation Rental Notification. What are the requirements of the state Lead Law if there is a lease with an option to buy? When there is a lease with an option to buy a home built before 1979 in effect, the owner.of the property must have it deleaded or brought under interim control if a child under six lives there. If the tenant with an option to buy such a home proceeds to purchase it, he or she becomes responsible for meeting the requirements of the Lead Law if a child under six lives there after the purchase. How can I find out about how lead inspections,risk assessments and deleading should be done? All lead inspections, risk assessments and deleading must be done according to the Regulations for Lead Poisoning Prevention and Control, 105 Code of Massachusetts Regulations 460.000 and the Deleading Regulations,454 CMR 22.00. For full information,homeowners may get these regulations at the State House Book Store,State House, Boston, MA 02133. The phone dumber is(617)727-2934. Lead inspectors and risk assessors licensed by the Department of Public Health have been trained and are experienced in using the state-approved methods for testing for lead paint. These methods are the following: use of a solution of sodium sulfide, a portable x-ray fluorescence maebine or lab tests of paint samples removed from the borne. Deleaders licensed by the Department of Labor and Workforce Development have been trained to use safe methods to prepare for and do deleading work, and clean up afterwards. They may delead using any of the following methods:removing paint, removing building parts, covering and encapsulating. When removing paint,they cannot use certain very dangerous methods, such as open flame burning,dry abrasive blasting or power sanding without a special vacuum attachment, How do 1 get a lead inspection or risk assessment? Included as part of this notification package is a listing of private licensed lead inspectors organized alphabetically, and private licensed risk assessors, similarly organized. Ask to see the inspector or risk assessor's license, to make sure it is current. You should arrange for the inspection or risk assessment as quickly-as possible after deciding you want one. If you do have an inspection or risk assessment, you must give the seller a copy of the report. What is the best time to delead or undertake interim control? The best time to delead a home or bring it under interim control is when the home is vacant, so that residents will not be exposed to lead and household furnishings will not be contaminated with lead. In addition, it often is efficient, and reduces costs, to combine deleading with other repair work being done to a vacant home. What is a Letter of Compliance and a Letter of interim Control? Under the state Lead Law, a Letter of Compliance is a legal letter that says either that there are no lead paint hazards or that the home has been deleaded. The letter is signed and dated by a licensed lead inspector. A Letter of Interim Control is a legal letter that says work necessary to make a home temporarily safe from. lead hazard_s has been done. It is signed and dated by a licensed risk assessor. A Letter of Interim Control is good for one year, but can be renewed for one more year. The owner must fully delead the home and get a Letter of Compliance by the end of the second year if a child under six still lives there. The Lead Law does not require the removal of all lead paint from a home. An owner who gets a letter of Compliance or Letter of Interim Control must take reasonable care to keep up the home, mainly by making sure there is no chipping or peeling lead paint. If an owner fails to take reasonable steps to maintain the home,he or she may become liable for damages to a child lead poisoned as a result of the owner's breach of that duty of reasonable care. RENTAL PROPEIRTY INFORMATION What liability do rental property owners have if they don't comply with the state Lead Law? If a property owner of a home built before 1978 in which a child.under six lives fails to delead or bring the home under interim control, and a child is lead poisoned as a result, the property owner is strictly liable for all damages. An owner is not strictly liable for lead poisoning if a Letter of Compliance or Letter of Interim Control is in effect. Strict liability means owners may be liable'even if they did not know lead paint was in the home. Since hare;to the kidneys and blood cells, delays in growth, learning disabilities and emotional and behavioral disturbances resulting from lead poisoning can have life-long effects, monetary damages awarded against an owner responsible for a child's lead poisoning can be substantial. Failing to delead or bring under interim control a home to which the Lead Law applies is also an emergency public health matter, and can carry criminal pernalties.An owner who is notified by a public agency of Lead Law violation in a property he or she owns, and who willfully fails to correct the dangerous conditions, is also subject to punitive damages,which are three times the actual damages found. These provisions are in addition to any other legal rights the lead- poisoned child may have. Can I< avoid state Lead Law requirements by not renting to a family with children under six? 6 The Massachusetts Lead Law.makes it illegal to refuse to rent to families with children under six, or evicting or refusing to renew the lease of families with children under six, because of lead paint, Discrimination against families with young children is also a violation of the U.S. Fair Housing Act and the Massachusetts anti-discrimination statute. Parents cannot waive the rights of their children to live in lead-safe housing or agree to assume to risks of lead exposure. Owners who violate these laws face heavy penalties. The Massachusetts Commission Against Discrimination investigates and prosecutes cases of discrimination against families with children because of lead paint. Jt is also illegal for lenders to deny financing because a home has lead paint, or because financing could trigger future duties under the Lead Law. This sloes not restrict the right of lender to process ordeny a mortgage application in accordance with accepted underwriting practices and criteria. U I am considering buying a pre-1978 house to rent out, and a child under six lives in one of the apartments, should I have at least that unit and common areas inspected for lead now? Yes. If there are children under six living in such an apartment and the apartment does not have a Letter of Compliance or Letter of Interim Control, buyers should find out whether or not the apartment has lead hazards and will have to be brought into compliance with the state Lead Law. This information will be important in deciding whether to buy the property and at what price. As noted above, new owners have 90 days from the date of taking title to have such an apartment deleaded or- brought under interim control. Therefore, they should arrange deleading or interim control work to begin as soon as possible after taking title, to be sure the work is done within 90 days. Can a landlord delay a tenancy to bring a home into compliance with the state Lead Law? A landlord who will be deleading a home or bringing it under interim control may delay the start of the tenancy up to 30 days. This can be done as long as a lease between the landlord and the new tenant does not exist. During this delay period, the new tenants are responsible for their living expenses. If there is a signed lease, however, the landlord is responsible for temporary housing during relocation necessary for deleading work. Must a landlord arrange temporary Dousing for a tenant while a rental home is being deleaded? Under the state Lead Law, tenants have to be relocated for the time that certain deleading work is taking place inside the home,They may not return until that work is done, the home is cleaned up, and a licensed lead inspector or risk assessor checks and finds it is fine for residents to wove back in. The landlord and tenant are responsible for working out an acceptable plan for alternative housing if it is necessary. The landlord may move the tenant to another place to live, which may be another house, apartment, motel or hotel. The landlord is responsible for paying the tenant's reasonable. moving costs and any temporary housing costs over and above the rent of the home being deleaded. During the time the home is being deleaded,the tenant remains responsible for paying the normal rent they would pay for this period as their share of the cost of temporary housing. The Lead Law states the temporary housing must not cause undue economic or personal hardship to the tenant. What is tenant notification? 7 The goal of the federal and state requirements for tenant notification is to help reduce lead poisoning by giving all tenants of homes built before 1978 information about lead in their home. The program also educates tenants and landlords about the dangers of lead poisoning, its prevention, and the Massachusetts Lead Law. Tenant notification applies to all tenants, whether or not they have a child under six living with them. Before renting a home, landlords, managing agents or any real estate agent involved in the rental must give new tenants copies of any existing lead forms for the home. These include lead inspection reports, risk assessment reports, a letter of Compliance (no matter how old) or a Letter of Interim Control. If the landlord or agent does not have any or all of these forms for the home,he or she simply does not give them. In addition, the landlord or agent must give new.tenants the Tenant Lead Law Notification. This form addresses lead poisoning, specific prevention tips for parents, the requirements of the Lead Law and an explanation of the lead forms. Attached to the Tenant Lead Law Notification is the Tenant Certification form. This is to be filled out and signed by both the tenant and the landlord or agent. Each party gets a copy to keep.These forms have been approved to satisfy both state and federal lead notification requirements, Landlords or agents may choose to include the Tenant Lead Law Notification/Tenant Certification form in a written lease, instead of using a separate form. Landlords and agents who fail to carry out their tenant notification obligations are liable for all damages caused by their failure to do so, and are subject to a fine of up to$1,000. INSURANCE INFORMATION How can an owner of rental housing in Massachusetts built before 1978 get insurance to cover potential lead liability? The answer depends on the number of units that the property owner wishes to insure, and whether the property owner lives in the building for which insurance is sought. An owner-occupant who insures four or fewer units may be covered by homeowners insurance. Generally, the property owner who is not an owner-occupant will need to get commercial liability insurance, as will an owner- occupant who wishes to insure more than four units. Homeowners insurance may be available from several different sources:the regular,"admitted" market, the FAIR Plan or the "surplus lines" market. The regular, "admitted" market is the usual market for insurance. The FAIR Plan offers homeowners insurance to property owners unable to find coverage in the regular market. The "surplus lines" market is a less regulated, and generally more expensive market. It provides insurance to those who cannot find coverage elsewhere. Understate Division of Insurance regulations, if an insurer in the regular market decides to write homeowners insurance on rental housing for which a Letter of Compliance or Letter of Interim Control is in effect, the insurer must provide coverage of lead paint liability arising from those premises. Neither the state Lead Law nor the insurance regulations require a regular market insurer to write liability insurance,including homeowners insurance, on a particular property.If a Letter of Compliance or Letter of Interim Control is in effect for only part of a property,the coverage for lead liability will extend to only that part of the property. Such insurance will also apply to any common areas covered by the Letter of Compliance or Letter of Interim Control. It will not,however, extend to injuries resulting from gross or willful negligence. The FAIR Plan's coverage of lead liability is subject to the same regulations that apply to the regular market. An insurer in the regular market, or the FAIR Plan, may ask the property owneT to prove that there is a Letter of Compliance or a Letter of Interim Control for the home sought to be insured.Once the proof is provided, coverage for lead liability will apply as of the date of the Letter. If the Fair Plan determines that a given property is eligible for instuance,or if a regular market insurer elects to insure 8 certain premises, either may exclude lead liability coverage on any part of the property it ensures to which no Letter of Compliance or Letter of Interim Control applies. If either the Fair Plan or a regular market insurer uses such an exclusion, it must offer the owner of the premises the chance to buy back the excluded coverage. There is an additional charge for the lead liability "buyback"coverage. The. amount of this charge is regulated by the Division of Insurance, In the surplus lines market, there is no requirement to cover lead liability arising from premises to which a Letter of Compliance or Letter of Interim Control applies. Surplus lines insurers generally exclude coverage of lead liability,do not offer the buyback coverage, and charge higher prices than the regular market. Since the FAIR Plan does not provide commercial liability insurance, property owners who need to get such coverage (as opposed to homeowners insurance)must get it from either the regular market or the surplus lines market. Commercial liability insurance from the surplus lines market, like homeowners insurance from that market, usually will exclude coverage of lead liability, will not include the buyback option, and will cost more than regular market coverage. While a regular market insurer can decline to write commercial liability insurance on a given property, once such an insurer decides to write such coverage, it must then insure lead liability arising from any part of the property covered by a Letter of Compliance or Letter of Interim Control.. If such an insurer chooses to insure a property, it may exclude coverage of lead liability on any part of the premises for which no Letter of Compliance or Letter of Interim Control is in effect. If such insurer applies such an exclusion, it must offer the property owner the opportunity to buy back the excluded coverage. The lead liability insurance regulations described above as applicable to regular market homeowners insurance also apply to commercial liability insurance from the regular market. Owners of rental housing should try to get coverage for lead liability, whether they have met the requirements of the Lead Law or not, by seeking regular market coverage through insurance agents, or by contacting direct writing companies that are listed in the telephone directory, before resorting either to the FAIR Plan or the surplus line$market. If I own and occupy a single-family house,does my homeowners insurance cover lead liability? Under the state lead liability insurance regulations, coverage of lead liability cannot be excluded from regular market and FAIR Plan homeowners insurance policies on single-family owner- occupied homes. Instead, lead liability coverage is included in such policies. However, a family member covered by a homeowners policy cannot make a lead liability claim against another family member covered by the same policy. The.requirements of the lead liability insurance regulations do not apply to homeowners coverage from the surplus lines market. How are new owners affected by the lead liability insurance regulations? If a buyer of rental housing built before 1979 meets the state Lead Law's requirements and gets a Letter of Compliance or Letter of Interim Control within 90 days after becoming the owner, then, under certain conditions, they will be able to get coverage for lead liability for the period they owned the property before they deleaded or brought it under interim control. This will happen if a regular market insurer chooses to provide liability coverage on the property. Such an insurer is required to provide lead liability coverage to a new owner who obtains a Letter of Compliance or Letter of Interim Control within 90 days after becoming the owner of the property. Such coverage will go back to the time that the new owner took title to-the property,unless the liability insurance went into effect some time alter the taking of title. In the latter case, the coverage of lead liability will extend back to the time that the liability insurance held by the new owner first went into effect on the premises. The rule for new owner lead liability insurance coverage for the FAIR Plan is the same as for the regular 9 market. These special rules for lead liability insurance for new owners do not apply to insurance from the surplus lines market. What happens next?. That's up to you. At this point, you should be well informed about lead poisoning, the effects of lead hazards in the home, and your responsibilities under the Massachusetts Lead Law. In the past, the Department of Public Health has had to devote its childhood lead poisoning resources to provide services to the thousands of Massachusetts children who were poisoned, as well as to providing services to children whose blood lead levels are elevated, to prevent them from becoming lead poisoned. Between the Department's work and the preventive deleading carried out by.property owners, we have been successful at reducing the number of lead poisonings among young children in Massachusetts. All -of us at the Department are hopeful that we will continue that partnership,in which the correction of lead hazards in the homes of young children before those children are lead poisoned is so important. Where can I get more information on lead poisoning? Massachusetts Department of Public Health U.S. Environmental Protection.Agency Childhood Lead Poisoning Prevention Program (CLPPP) Region I (New England) (For more copies of this form, and full range of (Information about federal laws on lead) information on owners' and tenants'rights and http://www.epa.gov/Tegioni/eco/ responsibilities under the state Lead Law, financial help ne_lead/organizations.htmI for owners, safe.renovation work, and soil testing) 617-918-1524 617-753-8400, 1-800-532-9571 www.state.rna.us/dph/clppp National Lead Information Center (General lead poisoning information) 1-800-424-LEAD http,//wmv.nsc.org/ehc/lead,him Massachusetts Department of Labor and Workforce Development U.S. Consumer Product Safety (List of licensed deleaders) Commission 617-727-7047, 1-800-425-0004 (Information about lead in consumer www.state.ma.us/dos products) 1-800-638-2772 Massachusetts Housing Finance Agency www.cpsc.gov (Get the Lead Out loan program information) 617-854-1000 www.masshousing.org 10 PROPERTY TRANSFER NOTIFICATION CERTIFICATION .This form is to be signed by the prospective purchaser before signing a purchase and sale agreement or a memorandum • of agreement, or by the lessee-prospective purchaser before signing a lease with an option to purchase for residential property built before 1978, for compliance with federal and Massachusetts lead-based paint disclosure requirements. Required Federal Lend Warning Statement-, Every purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such propetty may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.Lead poisoning in young children may produce permanent neurological damage, including learning disabilities,reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure , (a) Presence of lead-based paint and/or lead-based paint hazards (check (i)or(J)below): 0 Known lead-based paint and/or lead-bases}paint hazards are present in the housing(explain). 00-X, Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (Is)Records and reports available to the seller(check (1)or(ii)below): (i)_ Seller has provided.the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing(circle documents below). Lead Inspection Report; Risk Assessment Report; Letter of Interim Control; Letter of Compliance (i0 - X Seller.has no reports or records pertaining to lead-based paint and/or lead-based paint hazards.in the housing. Purchaser's or Lessee Purchaser's Acknowledgment (initial). (c) _ - Purchaser or lessee purchaser has received copies of all documents circled above. (d) Purchaser or lessee purchaser has received no documents. (e) Purchaser or lessee purchaser has received the Property Transfer Lead Paint Notification. , (f} Purchaser or lessee purchaser has(check(i) or(ii) below). G) received a 10-day opportunity(or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (H) waived the opportunity to conduct a risk assessment or inspection for the presence of lead- based paint and/or lead-based paint hazards. Agent's Acknowledgment(initial) (g) Agent has informed the seller of the seller's obligations under federal and state law for lead- based paint disclosure and notification, and is aware of his/her responsibility to ensure compliance. ,h} Agent has verbally informed purchaser or lessee-purchaser of the possible presence of dangerous levels of lead in paint,plaster,putty or other structural materials and his or her obligation to bring a property into compliance with the Massachusetts Lead Law-- either through full deleading or interim control --if it was built before 1978 and a child under six tears old resides or will reside in the property, certification of Accuracy 'he following parties have reviewed the information above and certify, to the best of their knowledge, that the information they a e provided is true and accurate, Se Date Seller Date chaser Date Purchaser Date w Agent Date' Agent Date LPPP Form 94-3,6/30/94,Rev.9/02 11 WAIVER OF RIGHT OF FIRST REFUSAL MGL CHAPTER 61A, SECTION 14 KNOW ALL MEN BY THESE PRESENTS, that the undersigned Mayor of Town of Agawam, Massachusetts, acknowledge receipt of a notice from SAMANTHA GIUGGIO and PAULA BRUNO, TRUSTEES of the REVOCABLE INDENTURE OF TRUST OF JOYCE A. IMPOCO UNDER DECLARATION OF TRUST DATED JANUARY 12, 2001 of their intent to sell 16.30 acres of land and improvements on the easterly side of North Westfield Street in Agawam, Parcel ID E12-1-34 and being of the premises described in a deed dated January 17, 2001 and recorded in the Hampden County Registry of Deeds in Book 11476, Page 156. See also Deed in Book 7381, Page 296 and further described as portion of Assessors Map E12, Block 1, Lot 34, which sale is for Seven Hundred Thousand and 001100 ($700,000.00) Dollars, do hereby waive our right of first refusal under MGL, Ch 61A, §14 to purchase said land as set forth in said notice. See Liens recorded in Book 4635, Page 142 and Book 7806, Page 330 of the Hampden County Registry of Deeds. EXECUTED this day of 2007. TOWN OF AGAWAM By Richard Cohen, Mayor COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. , 2007 On this day of , 200_, before me, the undersigned Notary Public, personally appeared RICHARD COHEN, MAYOR of the Town of Agawam, Massachusetts, proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily on behalf of the Town of Agawam for its stated purpose. Notary Public My commission expires., t 551759 Y $TIi 9T ++'r a � 4¢ o p st Oe �i1M1 ST w r m Q �r r U. ' ST JUNIPER �v 3LOCUS i oy - -- i s NVIL f v f w p R c UM1s�A � O • r LL ` N { Cou"rm w = i vxw a r CIRCLE 7 _ -Z U m • R - FIRE STIk� No may_ LOCUS MAP N.'f.S SCALE IN FEET 0' 80' 160' 240' ZONED AS SH❑WN 'ERE - DEFINITIVE SUBDIVSION CE AGAWAM M_ASSAGH SETTS. _ -OR FOR: M4 HILLSIDE DEVELOPMENT CORP. S. mat DA '�� 267 1411- LSIDE ROAD cs SOUTHWICK , MASSACHUSETTS DATE: SCALE: 1'=80' 6-04 -2007 CHECKED: D.L.B. uLES REV: 10-9-2007 C.A.D. SHEET NO. D . L . BEAN, INC. SURVEYORS � 40 SCHOOL STREET MW T-C- A G A W A M P L A N N I N G B O A R D tom ..� r 36 Main Street. Agawam, Massachusetts 0i001 Tel . 413-7e6-0400 Ext. 245 FORM A Application for Endorsement of Plan Believed Not to Require Adoroval FILE ONE 'COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITH THE TQWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11-B Date: January 2 2008 TO THE PLANNING BOARD: _ The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute 'a subdivision within-the meaning of the Subdivision Control Law, herewith, submits said plan fora -determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. NAME OF APPLICANT - Joyce A. Impoco, Trustee Address 236 North Westfield Street - Agawam 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield 3. DEED OF PROPERTY RECORDED IN Hampden County Book- 11476 Page 156 4'. LOCATION OF PROPERTY: Property is located on the easterly sideline of North Westfield Str6et, at the street ,entrance to the recently approved "Northfield Estates" Subdivision. 5. DESCR I BE THE PROPOSAL IN TH I S SUBMISSION: Plan shows Parcel "A" and Parcel "B" to. be conveyed to abutting owners, in exchange for the easements of the parcels to be granted for all street purposes. This plan is needed to effectuate the newly approved subidivision. ATTACHMENTS - TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILD NG DEPARTMENT. Signature of Owner Address �3� e 7- own of Agawam 36 Main Street Agawam,Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 January 15, 2008 � rrI c)Zr .� A r- Joyce A. Impoco, Trustee 3 236 North Westfield Street _. �C_ Feeding Hills, MA 0 103 0 Dear Ms. Impoco:. At its duly called meeting held on January 3, 2008, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on North Westfield Street. Plans drawn by D.L. Bean, Inc, and dated 1-29-2007. Sincerely, AGAWAM P BO D Please be advised that failure to record the plan within six(6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street,Agawam, MA 011001. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by Impoco and approved by the Agawam Planning Board for a parcel of land located on North Westfield Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant ! A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 February 27, 2008 � ad n Carole Inman 118 Riviera Drive cn- Agawam, MA 01001 =•� `" CO r= Dear Ms. Inman: At its duly called meeting held on March 6, 2008, the Agawam Planning Board voted to approve your plans under "Subdivision Control Law Not Required" for a parcel of land located on Adams Street. Plans drawn by D.L. Bean, Inc. and dated Feb. 19, 2008. Sincerely, AGAWAM PLA G ARD Please he advised that failure to record the plan within six (6) months and provide proof of recording will negate the action of the Board. Detach on dotted line and return to the Agawam Planning Board, 36 Main Street, Agawam, MA 011001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . To Agawam Planning Board Please be advised that the Form A plan that was filed by Inman and approved by the Agawam Planning Board for a parcel of land located on Adams Street has been recorded at the Hampden County Registry of Deeds. Book , Page Signature of Applicant All A G A W A M P L A N N I N G B 0 A R D 36 Main Street Agawam, Massachusetts 01001 0 Tel . 413-786-0400 Ext. 245 D : FORM A C::3 Api2lication for .Endorsement_ of Plan Believed Not to Require ApnrAva : - w n FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND ONE COPY WITM- THE TOWN CLERK IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 11--B Dates January 31, 2008 TO THE PLANNING BOARD: The undersigned, believing that the accompanying plan of his property in the Town of Agawam does not constitute a subdivision within .the meaning of the Subdivision Control Law, herewith submits said plan for a -determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. i . NAME OF APPLICANT Carole Inman Address_118 Riviera-Drive - Agawam, IAA 0IO01 2. NAME OF SURVEYOR D.L. Bean, Inc. Address 40 School Street - Westfield, MA 01085 3. DEED OF PROPERTY RECORDED IN- Hampden County Registry of _Deeds Book 1457 Page 43 4. LOCATION OF PROPERTY: 72 Adams Street. 5. DESCRIBE THE PROPOSAL IN THIS SUBMISSION: A four acre parcel is to be divided into 2 lots, each with 110'+ of frontage and more than 15,000 S.F. in the A-2 Zone. ATTACHMENTS -- TWO ORIGINALS AND THREE COPIES OF PLAN BY CERTIFIED LAND SURVEYOR. THE PLANS WILL BE DISTRIBUTED AS FOLLOWS: 1 ORIGINAL TO THE TOWN OF AGAWAM ENGINEERING DEPARTMENT, ONE ORIGINAL TO BE RECORDED AT REGISTRY OF DEEDS BY THE APPLICANT, ONE COPY FOR THE ASSESSORS OFFICE, ONE COPY FOR THE PLANNING BOARD OFFICE, AND ONE CERTIFIED COPY FOR THE BUILDING DEPARTMENT. Signature of Owner C7-4e" Ora a Inman Address 118 Riviera Drive - Agawam, MA 01001 D. L. BEAN, INC. LAND CONSULTA TS 413-562-7566 Forty School Street Fax # 413-562-2091 SURVEYORS Westfield, Mass. 01085 ENGINEERS October 28, 2005 •cry Clerk's Office _- 36 Main Street Agawam,MA 01001 Dear Clerk: w rn This is to serve notice that on this date we have filed a Preliminary Subdivision plan with the Planning Board. Enclosed is a Form"B" Application with pertinent details of location and owner. Sincerely, D.L. Be C. David L. Bean, President Enclosure DLB/ssc In-C �` o FA j o � 41 TOWN OF AGAWAM �►� ��' 3fi NIAIR' S"i'ltl~fE`1' AGA�'l'A,M, MASSAC'HUSETTS 01001 .�� 'Fel. 413-786-W D Form B APPLICATION FOR APPROVAL OF PRELIMINARY PLAN FILE ONE COMPLETED FORM WITH THE PLANNING BOARD AND A COPI WITH THE TOWN CLERK IN ACCORDANCE WITH REQUIREMENTS OF SECTIOt-h--lI1-B. Agawam October 28 w5 To the Planning Board : The undersigned herewith submits the accompanying Preliminary Plan of property located in the Town of Agawam for approval as a subdivision under the requirements of they Subdivision Control Law and the Rules and Regulations Governing the Subdivision of Land of the Planning Board in the Town of Agawam. I - Name of Applicant Iosif Kot Address 27 Elmdale Street, West Springfield, MA 01089 2 . Name of Engineer or Surveyor D.L. Bean, Inc. _ w Address 40 School Street - Westfield 3 . Deed of Property Recorded in Hampden County Registry of Deeds Book 14546 Page 346 4 _ Location and Description of Property: (Attached Sheet) . 5_ A list of the documents included in this application shall accompany notice to the Town Clerk_ Documents required to be submitted with this notice: a. Notarized statement of interest in the land_ b_ Environmental study . C. Plans d_ Certified Copy of Deed Signature of owner Iosif Kot Address 27 Elmdale Street, West Springfield, MA_ .._ ._._ ..._ .�. 01089 Supplement Sheet-Preliminary Subdivision Form "B"4. Location: Property is located at the westerly end of Witheridge Street. The property contains about 1.60 acres, and will be subdivided into two building lots.