The URL can be used to link to this page

8476_ZONE CHANGE SHOEMAKER LN BONAVITA Ln 03/01/2007 15:55 FAX 4138210631 1a 0021003 0 10 TOWN OF AGAWAM H .Department of'Public Works m 1000 Suffield Street - Agawam, MA 01001 Tel (413) 821-0600 - Fax (413) 821-0631 il John P. Stone —Superintendent MEMORANDUM To: Planning Board CC: John Stone— DPW Supt.;.File From: Engineering Date: March 1, 2007 Subject: Bonavida Zone Change—444 Shoemaker Lane Per your request, Engineering has reviewed the above referenced zone change and has the following comments: 1. This area has a history of drainage issues. Neighboring properties drain onto the subject site through drainage easements and overland flow. Also, high groundwater has been reported in much of the surrounding area. 2. Much of the property is either wetland or within the 100 foot buffer zone of the wetland. There are also several easements on the site. These items will significantly limit the amount of buildable area on the site. 3. Since the total area of the site is over 1 acre, stormwater calculations will need to be submitted. The peak flow rates for the pre and post-construction conditions are required for the 2, 10, and 100 year storms. Stormwater detention may be required. 4. Due to the shape of the lots, there is a concern that the proposed houses on Lots 2 and 4 might be difficult for the Fire and Police Departments to locate or have access to. Please, do not hesitate to contact our division with any questions or comments. Sincerely, i Michael C. Chase, .I.T. Interim Town Engineer HAENGINEEMPLANNINGIZONE cKANCE180WiNTAZONE G44NGEWI,DQC Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel, 413-786-0400 Fax 413-786-9927 March 2, 2007 Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor. Cecilia Calabrese, Councilor n Ruth Carr-Bitzas, Councilor n . Gina M. Letellier, Councilor 3 rr Joseph Mineo,Councilor C 3 ' Dennis Perry, Councilor -C Robert Rossi, Councilor r- Cn Jill Simpson, Councilor n Robert M. Young , Councilor Agawam Town Council 36 Main Street Agawam, MA 01601 Dear Councilors: At its duly called meeting held on March 1, 2007 the Agawam Planning Board voted 3-0-0 to send a negative recommendation to the Town Council regarding the Zone Change Request by Carlo Bonavita for property owned by Bruno at 444 Shoemaker Lane. The Planning Board is of the opinion that changing the zoning on this parcel from Industrial B to Residence A-2 would not be in the best interest of the Town for the following reasons: there is a short supply of industrial zoned property available in Town; and due to the close proximity of abutting commercial uses, residential use of this land would not be compatible. Also, there was strong opposition expressed by abutting property owners at the public hearing. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Mayor,Clerk, File Law Offices OTEPHEN W. SILVERM 73 State Street • Suite 203,Springfield, MA 01103 Tei: (4I3) 786-6188 Fax: (413) 736.4968 E-mail: swsi1ver1aw0verizoti.net March 1, 2007 Agawam Planning Board Agawam, Massachusetts RE: Zone Change Application for 444 Shoemaker Lane bear Mcmbcrs of the Board: T represent John Bruno,owner of the above property, which has been on the market now for some time,with no success until the arrival of the current purchasers. The purpose of this letter is to support the cumnt of orts of Mr_ 1 tvnavita to rezone the Parcel for residential homes. Mr. Bruno and his late brother Pat, owned and farmed the land for many years. Health and financial issues have heightened the need to sell the property. The buyer has shown good faith effom to develop the parcel consistent with sound plan-ning and we hope you will look favorably on his application. if you need any further information from me or Mir. )3nmo please feel free to contact me. Thank you for your consideration. Stephen W. Silverrnart,,Esq. cc. Attorney Skolnick John Bruno Town of Avwam 36 Main is 01001-1837 �e4 _ 1-9927 Inc C TO: AGAWAM PLANNIT V FROM: DEBORAH S. DACH( OFFICE OF PLANNIN SUBJECT: Zone Change - Bruno Pr zriemaker Lane DATE: February 26, 2007 On December 20,2006, the.Town received a request for a zone change for 5.08 acres of land owned by John and Pasquale Bruno from Industrial B to Residence A-2. The property is located on the northerly side of Shoemaker Lane just west of Moylan Lane. Attached is a copy of the plan submitted by the applicant showing the proposed zoning map change. Please note that town regulations require the plan to be stamped which it is not. A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information. Land Use and Zoning As stated above, the property for which the zone change is being requested is currently zoned Industrial B. A copy of the zoning map for this area has been attached. The property is presently surrounded on the west,north and east by industrial development. The area bounded by Shoemaker Lane, Silver Street and Suffield Street is zoned Industrial B with the exception of a very small area surrounding and consisting of Doane Avenue. Under the present Industrial B District the following uses are allowed:-(Please refer to 180-55 of the Zoning Ordinance which is attached.) Permitted uses shall be all uses permitted in Industrial A District: A. Any business or agricultural use permitted in an Agricultural, Business A or Business B District. Town of Agawam 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: Zone Change- Bruno Property- 444 Shoemaker Lane DATE: February 26, 2007 On December 20, 1006, the Town received a request for a zone change for 5.08 acres of land owned by John and Pasquale Bruno from Industrial B to Residence A-2. The property is located on the northerly side of Shoemaker Lane just west of Moylan Lane. Attached is a copy of the plan submitted by the applicant showing the proposed zoning map change. Please note that town regulations require the plan to be stamped which it is not. A copy of the Assessor's map showing the property as it is listed for tax purposes and the tax card information. Land Use and Zoning As stated.above, the property for which the zone change is being requested is currently zoned Industrial B. A copy of the zoning map for this area has been attached. The property is presently surrounded on the west,north and east by industrial development. The area bounded by Shoemaker Lane, Silver Street and Suffield Street is zoned Industrial B with the exception of a very small area surrounding and consisting of Doane Avenue. Linder the present Industrial B District the following uses are allowed:_(Please refer to 180-55 of the Zoning Ordinance which is attached.) Permitted uses shall be all uses permitted in Industrial A District: A. Any business or agricultural use permitted in an Agricultural, Business A or Business B District. B. Any industrial purpose except those contained in the following list,which may be allowed only after a public hearing before the Board of Appeals: (1) acetylene gas, cyanide compound or oxygen manufacture. (2) asphalt manufacture or refining (3) chlorine or bleaching powder manufacture. (4) creosote manufacture (5) distillation of coal or wood (6) drop forge shop (7) explosives, fireworks or ammunition manufacture (8) fertilizer manufacture (9) fumigation plants (10) glue or size manufacture from fish or animal offal (11) gypsum, cement, plaster or plaster of paris manufacture (12) incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis, except where controlled by the town (13) junkyards, storage, scrapping of autos and parts and the salvage thereof (14) linoleum manufacture (15) match manufacture (16) paint and laquer manufacture (17) petroleum refining and the bulk storage or petroleum products (18) plastic manufacture (19) rest homes (20) rubber, natural or synthetic or gutta-percha manufactured from crude or scrap material (21) secondhand lumberyards and secondhand material yards (22) sewage disposal plant, except where controlled by the town (23) soap, tallow, grease or lard manufacture (24) slaughterhouse (25) sulfurous, sulfuric, nitric or hydrochloric acid manufacture (26) tannery (27) tar or asphalt roofing manufacture (28) tar products manufacture (29) tire recapping or retreading (30) trucking terminals (31) all other enterprises or uses commonly regarded as hazardous or offensive If the zoning is changed from Industrial B to Residence A-2,the following uses would be allowed: (please refer to § 180-23 of the Zoning Ordinance which is attached): A. Any use permitted in a Residence A-1 District. B. A one-family detached dwelling for one 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 of the following property owners: (1) the owner of the lot on either side of the petitioner's property (2) the owner of the lot adjacent in the rear of the petitioner's property (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 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 petitioner's property, as used in this section. In the case of an appeal or 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 in 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 of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed 20% of the total floor ara of the dwelling, exclusive of the basement. No display, sign or other advertising device shall be permitted except an interior illuminated, reflective or nonilluminated professional nameplate having an area of not more than 144 square inches. The studios or offices of dancing or music teachers,photographers, masseurs,veterinarians, riding schools and other similar businesslike pursuits are prohibited. D. The renting of rooms and the furnishing of table board to not more than four 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 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 muscums, 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 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, 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 include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, except that an interior illuminated,reflective or nonilluminated announcement sign having an area of not more than 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 motor vehicle for each 5,000 square feet of lot area or fraction thereof,nor more than five motor vehicles,not m ore than one of which may be unregistered, shall in any case be kept on the premises. Only one such vehicle may be a commercial vehicle and of not more than 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 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 Section 18037B 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. 0 0 Environmental Considerations Of the 5.02 acres approximately one-third is wetlands and there also exists a small pond. A Notice of Intent must be filed with the Agawam Conservation Commission. The property has been farmed for many years. The proposed subdivision of the property into single family lots as shown on the submitted plan, is strangely configured and does not meet Agawam's zoning requirements. Other Considerations Agawam's inventory of industrial land is very low. Through the 1980's and 1990's, Agawam has depended on revenue from commercial and industrial development to support its growing number of residents. In June 1992, the American Farmland Trust worked with three Pioneer Valley communities to conduct cost of community services(COCS) studies. The three communities were Agawam, Deerfield and Gill. The study found that the average ratio of dollars generated by local property taxes to cost of services was as follows: Residential $1 : $1.12 Commercial/Industrial $1 : $0.41 Farm/Open Land $1 : $0:33 At the time of the study, for every dollar raised by residential revenues, the towns spent an extra 12 cents in direct services including education and social programs, public health and safety, highway maintenance and public works, and local government. Though today's figures are not available, the ratio is most likely higher given the escalating cost of education and energy costs. Conclusion There are a few reasons to question the logic of zoning the Bruno property from Industrial B to Residence A-2. The most important is the removal of valuable industrial land from the Agawam tax roles. The size is ideal for a small to mid-sized company and would generate valuable tax revenues and jobs while resulting in little burden on community services. Secondly, placing potentially five single family dwellings in a predominately industrial area may result in a number of conflicts. These could include hours of operation, traffic, and noise. It is important to buffer industrial uses from residential uses. Finally, the wetlands, pond and various utility easements, will affect the configuration and quality of residential lots proposed. PARCEL MAP ZONING MAP Agawam Zoning Ordinance Section 180-55 and 180-2.3 § 180-52 AGAWAM CODE § 180-55 , I § 180-52. Lot frontage. [Amended 4-7-1986 by TOR-86-61 No lot shall have a frontage of less than 100 feet on a street or an area less than 10,000 square feet. § 180-53. Landscaping. To assure that structures in Business B Districts shall be reasonably attractive in appearances, 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 business building shall be issued, nor shall an occupancy permit be granted, unless and until the finished structure conforms in appearance to the drawing submitted. § . Lumberyards; 180-54ber dsid • gasoline stations. •� residences; A_ Secondhand lumberyards and secondhand buildings material yards are prohibited. B. No building or other structure shall be erected, altered or used for residential purposes which shall accommodate or house more than four families. All four-family buildings or structures used for residential purposes shall be erected on a parcel of land containing not less than one acre in area and having not less than 150 feet of frontage on a street. C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE X Industrial District A § 180-55. Permitted uses. [Amended 11-9-1994 by TOR-94-7 7] In any Industrial District A 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 of the following: A. Any business or agricultural use permitted in an Agricultural, Business A or Business B District. ` B. Any industrial purpose, except those contained in the following list, which may be allowed only after a public hearing before the Board of Appeals: (1) Acetylene gas, cyanide compound or oxygen manufacture. (2) Asphalt manufacture or refining. 7. Editor's Note. This ordinance provided for the repeat or farmer Subsection A and the renumbering of former Subsections B and C to A and B,respectively. 180:40 05.t5-2006 § 180-55 ZONING § 180-55 (3) Chlorine or bleaching powder manufacture. (4) Creosote manufacture. (5) Distillation of coal or wood. (6) Drop forge shop. (7) Explosives, fireworks or ammunition manufacture. (8) Fertilizer manufacture. (9) Fumigation plants. (10) Glue or size manufacture from fish or animal offal. I (11) Gypsum,cement, plaster or plaster of paris manufacture. (12) Incineration or reduction of or dumping of offal, garbage or refuse on a II commercial basis, except where controlled by the town. (13) Junkyards, storage, scrapping of autos and pans and the salvage thereof. II (14) Linoleum manufacture. (15) Match manufacture. (16) Paint and lacquer manufacture. (17) Petroleum refining and the bulk storage of petroleum products. k (18) Plastic manufacture. f (19) Rest homes. (20) Rubber, natural or synthetic or gutta-percha manufactured from crude or scrap material. (21) Secondhand lumberyards and secondhand material yards. (22) Sewage disposal plant, except where controlled by the town. (23) Soap, tallow, grease or lard manufacture. (24) Slaughterhouse. (25) Sulfurous, sulfuric, nitric or hydrochloric acid manufacture. (26) Tannery. E (27) Tar or asphalt roofing manufacture. I is (28) Tar products manufacture. (29) Tire recapping or retreading. I` i 180:41 05- t5-2006 i f� E § 180-55 AGAWAM CODE § 180-60 (30) Trucking terminals. (31) All other enterprises or uses commonly regarded as hazardous or offensive. § 180-56. Height regulations. Industrial buildings shall not exceed two stories or 40 feet in height, except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to required equipment appurtenant to industrial buildings, except that smokestacks, water tanks, grain elevators and the like are not permissible except after approval of the Board of Appeals after a public hearing. § 180-57. Setbacks; yards. [Amended 4-7-1986 by TOR-86-61 A. Setbacks shall be at least 40 feet wide in their least dimension. B. Side yard and rear yard requirement shall be a minimum of 25 feet. However, there shall be a side yard and a rear yard between a street and the parts of a building nearest to such street to be no less than 40 feet, but facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises and entirely off the traveled way. § 180-58. Lot coverage. [Amended 4-7-1986 by TOR-86-61 No business or industrial building shall be erected or altered so as to cover more than 50% of the area of the lot on which it is located. § 180-59. Lot size. [Added 4-7-1986 by TOR-86-61 ., No lot shall have a frontage of less than 100 feet on a street or an area of less than 40,000 square feet. r r § 180-60. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts 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 constructions, 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 an industrial building shall be issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance to the drawing submitted. B. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-71 180:42 05- 15-M6 i.. § 180-60 ZONING § 180-65 C. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. It ARTICLE XI ' Industrial District B i § 180-61. Boundaries. Industrial B Districts shall be that area bounded by Suffield Street, Silver Street and I1 Shoemaker Lane zoned Industrial at the Town Meeting of December 14, 1957, and those areas zoned Industrial B on or after the Town Meeting of December 10, 1957. § 180-62. Permitted uses. Permitted uses shall be all uses permitted in Industrial District A. § 180-63. Height regulations. Industrial buildings shall not exceed two stories, 40 feet in height, except with approval of the Board of Appeals after a public hearing. These provisions shall not apply to required equipment appurtenant to industrial buildings, except that smokestacks, water tanks, grain elevators and the like are not permissible except after approval of the Board of Appeals after a public hearing. p 180-64. Yards; setbacks; loading areas. A. Back and side yards shall be a minimum of 25 feet. B. Front setback shall be a minimum of 75 feet. C. Loading platforms and employee parking areas shall be at the rear and side of all buildings. f § 180-65. Lot size; lot coverage. , A_ No lot shall have an area less than 43,560 square feet, one acre, on which a building may be constructed for industrial use, except with approval of the Board of Appeals relative only to previously filed lots whose area is less than one acre; provided that the file lot does not abut an additional parcel owned by the same owner which if combined would meet with the one-acre requirement of this section. i B. Except for office, professional or administrative buildings, no building shall be less than 5,000 square feet in area. C. No lot shall have frontage of less than 100 feet on a street line; however, this frontage requirement shall not apply to lots 'established by a deed or plan recorded in the 180:43 05- t5-2006 II § 180-65 AGAWAM .CODE § 180-67 Hampden County Registry of Deeds prior to the first notice of the public hearing on this subsection amendment (March 3, 1994) if, and only if, said parcel of land was not held in common ownership with sufficient adjoining parcels of land on the date of the first notice of public hearing on this subsection amendment (March 3, 1994) to satisfy, in combination, the required 100 feet of frontage on a street line. [Added 5-2.1994 by TOR-94-51 § 180.66. Landscaping; residences; gasoline stations. A. To assure that structures in industrial districts 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 an industrial building shall be issued, nor shall an occupancy permit be granted unless and until the finished structure conforms in appearance to the drawing submitted. B. The front of the building must be faced with either brick masonry exterior walls, curtain walls of decorated colored aluminum, enameled colored steel, stainless steel"walls or glass wall construction and have an attractive appearance. C. All buildings in an industrial zone shall be appropriately landscaped with lawns, shrubs and trees. D. All residential development is prohibited, except that alteration, reconstruction, extension or structural change to any existing residential structure is permitted. [Amended 11-9-1994 by TOR-94-71 E. Not more than one unregistered motor vehicle shall be allowed on any parcel of land used as a gasoline filling station; provided, however, that any such gasoline filling station having an automobile dealer's permit shall be governed by the provisions of such permit. ARTICLE XII Floodplain Zone [Added 1-30-19781 § 180-67. Purpose. The Floodplain Zone and the regulations herein have been established for the following purposes: to protect and preserve the watercourses and their adjoining floodplain; to reduce the hazards of floods upon the public health, safety and general welfare; to protect floodplain occupants from a flood that is or may be caused by their own land use and that is or may be undertaken without full realization of the dangers therein; to protect the public from the burden of extraordinary financial expenditures for flood control and relief; and to protect the capacity of the floodplain to absorb, transmit and store runoff to assure retention of sufficient floodway area to convey flows which can reasonably be expected to occur. 180:44 05- 15-2006 § 180-22 A.GAWAM CODE § 180-23 180-22. Lot coverag e. ge. No principal building shall be erected or altered so as to cover more than 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 or more of the following: A. Any use permitted in a Residence A-1 District. B. A one-family detached dwelling for one 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 of the following property owners: (1) The owner of the lot on either side of the petitioner's property. (2) The owner of the lot adjacent in the rear of the petitioner's property. (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 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 petitioner's property, as used in this section. 180:20 us-15-2006 I § 180-23 ZONING § I80-23 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 of the residents is the sole operator. The space occupied by such office, studio or parlor shall not exceed 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 professional nameplate having an area of not more than 144 square inches. The studios or offices of dancing or music teachers, photographers, masseurs, veterinarians, riding schools and other similar businesslike pursuits are prohibited. D. The renting of rooms and the furnishing of table board to not more than four 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 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 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, 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 include any activity conducted for gain. No advertising device, whether illuminated or otherwise, shall be permitted, 180:21 05-t5.2006 § 180-23 AGAWAM CODE § 180-25 except that an interior illuminated, reflective or nonilluminated announcement sign having an area of not more than 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 motor vehicle for each 5,000 square feet of lot area or fraction thereof, nor more than five motor vehicles, not more than one of which may be unregistered, shall in any case be kept on the premises. Only one such vehicle may be a commercial vehicle and of not more than 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 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 I prohibited. § 180-24. Height regulations. A. A residence building shall not exceed 2 1/2 stories or more than 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 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 17 feet in height for a one-story building. A one-and-one-half-story accessory building shall not exceed 25 feet in height. § 180-25. Setback requirements. A. No part of any building shall be placed within 30 feet of any street line. `.. .. B. No part of any garage or other accessory building situated within 65 feet of any street line shall extend within 15 feet of any lot line intersecting such street which serves as a :r, side lot line located in any residence district or within 15 feet of any street line. C. On a comer lot, no part of any building shall be erected or altered so as to be less than 25 feet from any street line. D. Open porches which are 20 feet or more from the street line may be enclosed on one or P Y more sides with glass enclosures. 180:22 05- 15.2006 �g i • Proposed Zone Change Submission by Applicant (j§7 C 00 THE TOWN COUNCIL AGAWAM, MASSACHUETTS DATE: THE UNDERSIGNED RESPECTFULLY PETITIONS The Agawam Town Council to change the present zone of Industrial B to Residential A-2.regarding the property located at 444 Shoemaker Lane, Agawam, Massachusetts. I have attached a copy of the legal description of the property which is marked by an asterisk and a plan of the land. I am not the current owner of the property but I have attached a copy of the Purchase and Sale Agreement and Addendum. After the approval of the zone change, it is my intention to subdivide this piece of property into five (5)Lots so that I can construct five (5) individual homes which will meet the required zoning by-laws and I will apply to all the appropriate Town Boards for their approval of this project. RESPECTFULLY SUBMITTED BY CA t Carlo P. Bonavita, Petitioner By his Attorney Scott E. Skolnick V � 38 G 2 6 2 •ndGEM- 74,.9 3�� , —ILL. /j DRED -fir WE, JOHN A. OHUNO and PASQUALE A, SRUHQ of tU Memorial y Drive, Feeding }tills, Hampden County, Massachusetts, being uatarried, for oonsideration paid, and 11) " full consideration Two Hundred Fifty Thousand and 00/100 Dollars (*250,000.00) grant 'to TH014AS D. MOILAN and ROBERT J. KIN2 as trustees for the 811ORMAXER INDUSTRIAL PAR% REALTY TRUST, of P.O. Box Drawer K, Southboro, Magseohusetts, a Massachusetts realty trust duly established under the lava . of the Oomtbonwealth of Massachusette, dated Dot, 20, 1986 and recorded herewith, with warranty covenants, the land in Agawam, Hampden County, Massachusetts, bounded and described as folltua% BZGjRHZIiG at a point in the easterly side of Shoemaker Lane, at the northwesterly oorner of land now or, Fr,rm0'1j o,f ono_ }lary Vaoevioz .anrl at , the sou�3�desti�rly bArner ��l$rrdF rt �� ` am or= for 0ly of, At ge�d�� rui�o��a �� o3T �as� a� April "51 195fi and record d its "flainpd°410,10oo ty`-. RaB .tr3� ti Deeds in Book 2459, Page 444, and running thanos w' M. 100 161 W. along said Shoemaker Lane, Tbirty--four, and 90/100 (34.90) feet to a point; thence N. 33" 201 W. along said Shoemaker Lane, Fright Hundred Sixty-three and 29/100 (863.29) feet to a atone bound; thence N, 66" 53t 45"E. along other land of said Angelina Bruno, Hine Hundred Eighty-four (984) feet to a point at the atiutherly corner of land conveyed by Pater and Rose Lucia to Aaymond F, and Grace E. Lucia by deed dated February 16, 1951 and recorded as aforesaid in Book 2100,• Page 374, and at the weiferly corner u kart(Fnow ar formerly of one Drawnoski; thenoe S. 320 251 S. along land of said Drewnoski, Eight Hundred Forty (040) feet to an iron pin; thence 3. 42' 431 6, along land of said Drawnoaki, Two Hundred Sixty-five (265) feet to an iron pin at land now or formerly on one Prempaa; thence 8. 1t)° 29t W. along. land of said Prempas, Six Hundrsdf�',,-., "nabeen and 41/100 (619,41) fAet to-a c-1 _ point at land now or formerly of said_ N [: _ A1,0.f'!•t.YFt.lClt 4!' lA�'.AC?i'�E'[15 {!� Tj •� e• c "sue 'd9 z:�!.`I - -�j .. "" i I -mot fi262 PADE293 1la0exicz; thence N.�800 560 W. along land of said Raoawloz, Six Hundred forty-three and 501100 (643.5o) feet to Shoemaker Lane at the point of beginning, SUBJECT TO Layout Alternation Order, Town of Agawam, under instrument dated April 170 1984 and recorded as aforesaid on May 15, 1984, In Book 5611 , Page 280, SUBJECT TO Order Taking, Storm Drain System on Shoemaker Lane under instrument, dated April 17, 1984 and recorded as aforesaid on April 11, 1984 iu Book 5511, Page 2B7. SUBJECT TO Taking for Sanitary Bower by Town of Atavam under instrument dated May 7, 1982 and recorded an aforesaid on May 8, 1982 in Hook 3689, Page 363, as the came may affect the property. SUBJECT TO Revised Order of Taking COr Sewer System dated June 19, 1982 and recorded on July 10, 1982 in Book 3708, Page 242, as the same may affect the property, SUBJECT TO rights granted Turners? Falls Power and Electric Company under ihstrument dated Haroh 81 1924 and recorded as aforesaid in Book 1213, Page 177. Excepting therefrom, a paroel consisting of 5.O8A acres, bounded and described as follows: i, Beginning at a concrete bound in the northeast sideline of Shoemaker Lane as laid out in 1004 and shown on plan recorded in Hagpden County Registry of beech, Plan Book 216, Page 80; said bound being opposite the baatline station 57 + 71.08 and marking the beginning of a aurve to the left; thence running northwesterly along said curve, the radius being_752-03 - -feat-,-f-or -a- diatanoe --of 2.o9-feet-to an iron__ - pipe set at the southerly corner of land now or formerly of Grace Luoial thence running H340-40'-54ftE along said Luaia land for a diatanoe of 365.00 feet to an iron pin not at other land of the grantors; thenoe running 937 28t-47µ& for a distance of 485.00 feet to an iron pipe set; thence running 820° -507 -50" B for a diatanoe of 350.00 ft, to an iron pin eat;; thence running S45 -59'-OORW for a distance Of 140.00 feel, to a point at the beginning of a curve; thenoe running westerly and northwesterly along said curve to the right, the radius being 25.00 feet, for a diatanoe of 39.27 feet to a point in the northeasterly aidaline of said Shoemaker Lane; (the last four courses being along other land of the grantors); thenoe running NAV -011-00"H along said sideline for a diatanoe of 705.00 feet to the concreterri � bound at the point of beginning , Said described parcel :7 ril P! C rQ Ln 1 oontains 5.084 acres, together with all saaements, and is shown on a plan prepared by D.L.Bo an, Ino. dated Datober 2, 1986 to be reoorded herewith. Granting to the grantee, their succesaora, heirs, and ( assigns, an easement for surfaoe water drainage a width of thirty (30) feet aorohs said 5.084 save paroal or the grantors,' approximately 478 ft. in length, as shown on said plan by D.L. Bean, Ina. This easement shall include the right to enter to construot, irispaot, and maintain drainage faoilities, landscape, alter grades, and slopes, and topography, out tress and brush on said easement, all in oomplianoe with applioable laws, oodes and regulations, This easement shall be For the purpose of draining surraoe water from both the oonveyed paroel and the exospted paroel retained by the grantors. BEM a portion of the premisao oonveyed to the grantors by dead of Angelina Bruno, at al dated February 19, 1974 and reoorded in Hampden County Aagistry or Deeds on Maroh 6, 1970 to Book 3928, Page 289. 7 ' WITNESS our hands and seals this 20th day of Cotaber, 1986. _ - -- Jo A. "Ux� - — — Pad. PA5gi1AL A SAUHO 1—1 co cn � f i , Tt)" 7 . L, . CHASE AND ,'kLE ACRE �T'�' rwNe ' a■ra REALTOR' `PORT"MMTY 1,PARTIES.This Agreement is made this 28th day of.rune,2006 between Jc*n Bruno, 10 Memorial Drive,Feeding Hills,MA 01030, hera inaftor called the SELLER, and Carlo P.Rsgkft or WCr nee,88 Old Feec4ing Hills Rd,WeWeld,.MA 01085,herein ter called the BUYER, 2. DESCRIP110N. Subject to the terms and conditions herelnafter Scat fora,the SELLER agrees to sell and the BUYER agrees to buy the following bounded and described premises: as more particularly descfib in a Creed dated Match 05,1974and racortled in the HampdenCourily R99L Y Of Deeds in Book 3828 Page288or band Court Certlflc # 3. PLANMNOS, TOPSOIL, ETC. Included in the sale as part of sold premises are all trees, shrubs, plants and topsoil located thereon.The SELLER agrees not to remove,rut or otherwise alter same during the term of this Agreement. 4,TITIX, Said promises are to be conveyed on or before December 31 ,2U06 by a good and sufficient Deed of the SELLER which shall be a deed of equal character and covenants as held by the SELLER, conveying a good,clear record and marketable title to the sarw fry from all encumbrances, except: a.Usual public utilities servicing to premises,it any; b,Taxes for the cxrrrent year not due and payable on the date of delivery of the Creed; C.Any liens for municipal assessmerb and/or orders for which,assessments may be made after the date of this Agreement; d.Restrictions and easements of record,If any,which do not r iderially affect 1t►e value of the premises; e.Provisions of existing building and zoning[awe. S.CONSIMRATION. For such Deed and conveyance the BUYER Is to pay the sum of...........................PRICE $260,000,00 ofwhich...... ...... .. ............... ... .... ................................ . ....................__......, .......... ............ .......-. .d Oai'i'$ 2,600.00 have been are to be paid in cash, o by Certified or bank check upon detivery of the Deed. LA C, tllr $247,5i30.00 S. PERFORMANCE. The Dead is to be delivered and the mn5iderabon paid at the Re4mtry of Deeds in which the Deed ftuld be by law recorded on December 31, 2006 ati0,00 AM.unless some other place and time should be mutuelty geed upon.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 of any pOr dOn tFtereof to clear the title of any and all encumbren(ros or interests;and all Instruments so procured to clear the title shall be recorded simuttaneously with the delivery of the[Deed. 7. CASUALTY DOSS, In case of any damage to to premises by fire or other casualty after the signing and delivery of this Agreement by all parties hereto, and unless the premises shall have bison restored to Its former condition by the SELLER prior to the periamance date,the BUYER may,at the BUyER5 option, eltheir oancet this Agreemem and recover all sums paid hereunder or require as part of this Agreement that the SELLER pay over or assigr.,on delivery of the Dead,all sums recovered or recoverable on any and all insurance covering such damage. 3. POSSESSION, Pull possession of the premises, he of afi tenants and occupants, is to be delivered to the BUYER at the time of the delivery of the Deed,the said premises to be then in the condition naquired by this Agreement.The BUYER shall nove the right to inspect the promises for compliance with this paragraph prior to dellveq of the Deed upon rmason.atgs notsce to the maker. bC17 C) ZZ rs O Z.. .� < pavised 11100 CopyrightC 2006 REALTORO Asa cJallon of Pioneer valley, Inc c7 co rTt cn S.ADJUSTMENTS, Fuel,nertts, nd racial deposits and any intar due th41kni r rakes, sewer use and taxes shall be apporlior*d sr;of tt�e day of a3elivery Broad. if the amount Df sold taxes is root the time of the delivery of the Deed, they shall be apportioned on the basis of the des assessed fbr the preceding year with a reapportionment as soon as the new tax rate and valuation can he ascertalned,which ia#er provision shall su Nm--the delivery of fine Deed. 10.DEPOSITS,All deposits made hereunder shall be held by Ayre Real EsfWe Co.,Inc. herein called the Broker,and shall be duly ai=united for at the time for performance of this Agreement, In tth0 event of a dispute between SELLER and BUYER as to any or of of the provisions of this Agreement or the perforrivm a thereof, the Broker shag retain all deposits hereunder in the Broker's escrow account, unless some other agreement Is reached in wilting between the parties, or until the dispute is resolved either by court judgment or by laureling settlement barren the parties.The Broktir shall abide by any court decision conoenririg to whom the funds shall be paid and shall not be made a party to a l wsuft solely as a result of holding escrowed funds, Should the BroXer be made a party in violatlon of this paragraph, the Broker sh€Ill be dismissed and the party asserting a claim against the Broker shall pay the Brokers reasonable aattomeys'fees and costs. 1.1. DEFAULT. if the BUYER shell defkd under this Agreerrml, the BUYER shag forfeit to BUYERS deposits and the Broker shall deliver the deposits to the SELLER. S�z+: 'iatewsalloa of epos.1t s all b$ Sellers sole .and exclusive remedy at law and in equa.tp up to $5,000.00 12. MORTGAGE CC)N' NGENCY. This Agreemert its contingera on iha3 BUYERS ability to obtain ConventiorMUConstructaaan mortgage loan commitment of $To be deteamhW . If.despite the BUYER'S diligent effauts, a commitment for such loan cannot be obtained on or before wl hIn 20 days of obtaining art wowary approvals tf�vm the town,2006, the BUYER shall so advise the Broker in writing and this Agreement shall become null and void, and all payfinents made trereunder shall be refunded and all obligations to eaM other shag cease. If such written notice Is not received on or before the expiration date tteminabove specfied,the 13UYER sahaii be bound to peftm the BUYER'S obrigations under this Agreement.Further,the BUYER agrees to provide such reasonable documerdadon of the BUYERS folfure to obtain sumh loan commitment as the SELLER may request. In no event shall the BUYER be deemed to have used "diligent efforts" to obtain such commitment unless the BUYER submits a complete mortgage loan applic0crn conforming to the fdnagc+ing provisions folvft. 11LINDERGROUND STORAGE TANKS, The peffles acknowledge-ho the Massachusetts Board of trite Prevention has,issued regulations gaveming the maintenance, repair and removal of underground storage tanks to prevent and detect leakage of tank contents into surrounding soil and water supplies. The SELLER hereby disdoew that there are are not-X underground storage tank(s) at the promisees, lei there are one or more undergrottnrt taanfcs at tfie premises,the SEE R ether discloses that the tanks) have have not X been used within the past six (6) months exclusively for tAXWMV of fuel ail for _ consi amptton_on the presses and to the best of the SELLER'S knowledge there has been no releasi or bwkhiDf oil from such tank(s).In d'le event thaat such tanks h nest been so usea�, SILi.EFt�agreas tt'1at Si=1=LEER will ccmpty ap ..life�rduisfans. _ of$27 CMR SanD et seq.regarding the removall'illing of such tanks so that at the time of the delivery,9f.thk.Q d e pn9mfses will be In compliance with the provisions of the aaforesaid regulations. _ — 14.MISCELLANEOUS REPIR .fiENTATIONS. Tj rT} a. In the event that a private water source Is servicing the premises, the SELLER repreistints#trot 4water source is providing adequaake amounts -of potable water for normsil household use as of the date hereof. ; C—) b. In the evsrrt that a private sewerage system is servicing tt premises,the SELLER mpreserlWhati-ft the best sot the SELLER'S knovvled it is in to ge, good working order as of the chi hereof. 15. RIGHT TO INSPECT; A(XIrIOWLEDGEMENT. This Agreement Ifs subject to the right of the BUYER td obtain,at:13UYEFVS own expense, an Inspection of the premises and written report to include, but not be limited to, the existence and condition of underground storage tanks If any, the pre roe of insect iafiestaation, the prmrsce of hutrdous materials out" premises or the likelihood of release of hazardous materials on or from the premises,the presence of asbestos, uraa-fomialdehyde foam insulabon, lead based point andfa radon gas, the adequacy and suhaability of area water supply and the contiltion and adequacy of the sewerage system, by the consuitant(s) of the BUYER'S own ,.hoosing. The BUYER'S right of inspection shall expire on Jury 31, 2006 (recommended 10 days) . The BUYER and the BUYER'S wnseultant(s) shall have the right of access to the premises at reasonaMee times upon t*enty-fa ar(24) hours adverm notim to the Broker,for the purpose of Inspecting,Be,aforesaid, the condition of said premises. If the BUYER is not satisfied with the results of such inspedon(s)this Agreement may be temlinated by the BUYER,at ft B SYER's election,wiihouk legal ar equitable remorse to either party,the parties thereby releasing each other from all liability under this Agreement, and the deposit sham be returned to the BUYER, provided however, that the BUYER shall have notified the Broker, in writing, together with as copy of the writter, report(es) of the inspection(s) on or before the Inspection expiration mate hereinabove spectfied,of the BUYER'S Intention to so terminats,if such notice and written report(s)are trot received on or before the inspection expiration date herainabovea specified, the BUYER shall be bound to perform BUYER'S obligaations under this Agreemea L BUYER ACKNOWLEDGES THAT:(a)INFORMATION WAS SUPPLII^Cr BY THE SELLER AND HAS NOT BEEN CHECKED FOR ACCURACY BY THE BROKER;(b)PUBLIC INFORMA110N WAS SI EJECT TO BUYER'S VERIFICATION;(0)EACH ITEM WAS SUBJECT TO DIRECT INQUiRY BY THE BUYER, AND THE BUYER HAS BEEN SO ADViSED; (a)THE BROILER MAKES NO REPRESENTATIONS REGARDING THE CONDITION OF THE PRE NAISl=S, STRUCTURE(s)THEREON OR THE MECKANICAL 2 Revised I VOO CoWdgtm 20M,REALTORO Am.,Wlon of Pioneer valley,Inc. COMPONENTS THEREOF, AND BUYER HAS t�lOT aEBTI IIrIr�u1=�IC� R INTO CIS,AGREEMEW NOR HAS THE BUYER RELIED UPON WARRANTIES OR REPRESENTAMONS 8ET FORTH OR INCORPORATED IN THIS AGREEMENT OR PREVIOUSLY MADE IN WRITING, IrXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES OR REPRESENTATIONS, IF ANY,MADE;BY E1'111ER THE SELLER OR THE;BROKER; (if none,s#,ake"none"If any listed,indimte by whom the warranty or representation was made)_none is.CONlalt ONS PRECEDENT TO'BUYER'S PPRFORMANCE.Nctwfttanding any provision of this Agreement to the contrary, the BUYER'S obligation to purchase the premises is subject,at the BUYER'S option,to the following conditions precedent a.A percolation test of the promises at the sole out and expense of the SELLER[]BUYER 0 satisfactM to theNtABoard of Health. If the results of the -percolation test are not satisf dory to the WA Board of Health, the BUYER shall notify the ,dELLER in writing on or before , 2005 and this Agreement shall become null and void, and all payments made hereunder shall be refunded and all obligations to each ether shall cease. b. Obtaining at the BUYER'S We cast and expense, a building pertrrit for the construction of a-wag&-famw ajar r Commercial Aparbrmt building structure. In the ererlt that the BUYER is unable to obtain a building permit,the BUYER shall notify the SELLER In writing on or before Dacamber 3o,2006 and this Agreement shall become nut( and void,and all payments made hereunder shall be refunded and all obligations to each other shall cease. c,A septic system Dian forthe premises prepared at the sale cost and expense of the SELI.ER❑ BUYER[]satisfactory to theN/A 80atd of Healtfr. If the septic system plan is not satisfactory to the Board of Health, the BUYER shall notify the SELLER ER In writing on or before , =05 and this Agreement shall become null and void, and all payments made hereunder shall be refunded and all c"[ge&ns to each other shall ease. 17.BUYER'S RELEAsz op sELLER AND BROILER. The BUYER hereby releases the SELLER and the Broker from any and all iiabitity of any naluTB rejoUN to the condition of, or any defects in, tie premises or any materials, substances or structures or ImprUvements the—mon,specifically including,wit ale limitation,all matters set forth in paragraph 15 above, of which the SELLER or Broker,as the case may be,had m actual knowk-�prior to the execution of this Agreement. 18. PRESENTA71ON OF OFFERS. SELLER agrees that upon siq*ng of this Agreerawd by SELLER and BUYER, and during the pendency of this Agreement, the Broker shall have no obligation it) present further offers to the SELLER nor shall the Broker continue to Tnarket the premises, 19, CONSTRUCTION OF AGREEMENT. 7bts Agreement has been executed in one or more counterparts and each executed dopy shall he deemed to be an original,is to be wrotrued under the%m s of Massachusetts,is to take effect as a sealed instrument, sets forth the entire agreement between the parties, is binding upon and inters to the benefit of the parties hereto•and their respecOve heirs,devisees,executors,administrators,successors and er Wgns and may be carded,modified or amended only by 8 written instrument executed by the parties hereto or their legal re�wosentatives. If two or more parsons are named herein as SELLER or BUYER,their obligations hereunder shall be joint and several. 20, NOTICE. Any notics recluired to be given in this Agreement shall be in writing and shall be deemed to be duly given when delivered to the parley entitled to such nonce at their address set forth herein. W CD C "7 r r i� 1� CD ^ V' RavL"d 11100 CoQYrightO 2006 REALTOR0 AsscrcW1oh of Pioneer Valley,Inc. j 3 21. AGREEMENT TO MEDiAT>~D TES OR CLAIMS. Any dispute or claim ut of or reldng to this Agreer*M the breach of fts Agreement or the b ga services provided In relation to this Ag shad be submitted to mediiation in a=tdance with the Rules and Pnx*dures of the Homesellem/Hort rs Dispkft ResoMtm Systern CDR,91. Disputes and Balms shall specifically Include, without lfm tat w,represetitations made by the SELLER, the BUYER or the Broker in connection With the sale, purchase, finance, condition or other aspect of the pn3mises to vvhkh this Agreement pertains, including, without limitation, allegations of concealment, mwepresentabon, negligence andlor fraud. Any agreement resolving the dispute or claim sinned by the panes purstaant to the mediation cmference shall be binding. The fling of a court action by any party hereto for the purpose of pmsNng the bendsts of this Agreement during the mediation process shall not constitute a Waiver or breach of such party's duty io mediate sander this paragraph. in the event that any party hereto Nils to comply with the terms of this paragraph 21,the non-de mAting party shall be enabW to recover his/her costs and expensm including reasonabie attorneys fees,in effectuating the defaulting party's oompllance with the terms of this paragraph 21. By signing this Agreemend, the parties hereto acknoWledge.that they Nwe me ebmd, read and understand-the ORS brochure and agree to submit disputes or claims as described above to mediaticis in a=ordance with ttse DRS Rules and provedures. The provisions of this paragraph shall survive the closing of the transactions sot forth in this Agreement. 22.AALATIONAt.. PROVISIONS. Set forth below are additlonal pruviWans, it any. which are incorporated herein and made a part hereof: (if none, state "none')SuNeet to brayer obtaining all necessary pestrrlts Induding a zone change for ft corsstructlon and development of 24(mhmum)lsa wry apartment units at the buyers expense. Buyer agrees to diligently pursue necessary zoning change and permits.This is a legal and binding agreement Ayre Real Estate Co., Inc.advises till parties to this agreement to seek regal advice prior to signing. Buyer agrees to undertake any enuirameftl testing tat may be required in order to obtain e buDding permit Buyer is awaras that there are two easements and scams wetlands on the property. Ayre Real Estate Co,,Inc.represents the seller in this transaction and Park Sgs,.rare represents the buyer. Selier to remove greenhouse prior to dosing. 23. ADDENDUM($) TO AGREEMENT. Attdahed hereto islare addiandum(s)which Islam incorporated herein and made a part hereof. (if noire,state°none"} A:Agency disclosure B; plot flan C:Ayre Dlsclosure toile Data -SELLER �.,., __ BUYER � DabD fiOR i FQR O i PU.RPOSES.QNLY the following Rio l Estai tip 0 okers are-assisting birth this trarwgign. Broker:Cynthia Ayre,Ayre Real Estate Co., Inc. Sind ftker.1if a�Park Square Realty a - - ry c�a � C co r"rti cfl 4 Devised 11100 GupyrWo 20M REALTOMAsso>;istiorr 0 PloneerVaDey.iM .i�I�k1 l 11: TYER SIDE LIQUaRs 41 96SEE {0 3 r` MASSACHUSEM WARD DP REGISTRATION OF PJ At 6rATE BRQJIMiRS AND SALIMPERSDNS MANIkKTOILY AGENCY pl .CGSUIIJi-AGENCY RELATIONSHIP The purpose of this disclosure is to enable you to reraoe informed choices before working with a real estate ti mee it must be provided"ot the first personal meeting that you have with on agent to discuss a spe fkproperty.THIS IS NGTA CONTRACT. it Is a dfscimure notice for your Infurmation and protection. BI: SURE-ro RMD THE DESCAWnONS OF THE DIFFERENT TYPES OF AGENCY REPRESENTATION ON THE OTHER SIDE OF THIS DISCLOSURE CONSUMER INFOWATION I. Whether you ate the buyer or the sefteryou tart chtwse to hang the advice,AssisRarree and represen- tation of your own agent.Do not assume that a brisker b mcdrig an your behalf unless you have craricted with that broker to represent you. 2- All real a abe licansees r>nuslw,by lw%present prop"es honeWy and accurately. 3. If yw are a suer you may authoria your listfng', rrt to operate with agem from other finm to help sell your property. These asxapera apnts may be subagerib who wprk for the sel ler or buyer's apnm 4. If you am the Buyer you ham the opfion ofworkirtle wkh sonars'or buyerg'aEerft This dedsicm will depend Oh the of setvio?s you want tam a m+ tW t t+a teat. A buyer should tali sellere agenm, including subagents,only what hekhe would tell the sellitr directly. CONSUMER RESMNSISVI1f ; The dudes ofaLtypal estee hconsee donor roll iha iwnsuner of the responsibility to prowdhirslher &Am interest Consumers with gauestivno cn-wh ther-and ho-w retai esuve aSmfs shamfLm5 should-pose - them to the agent, If you need advice fot Ili,tax, insumace or other matters it is your respons'rbilily to consult a pr fe wionai in those arm. AMCANLEDG NT I have prcMded'this disclosure farm to , I '� '.� _� - o'er _'. I have lafkrlmd the above rsamed oormumeth that I am as(dmck.cane) �seuees font Irrt Agent au, �tl �u�atr�ciia� tAM�1+f [ c+fe�r} I hanre as rasuro IN ITS DMRE 111 ON BOTH SIDS.I understand tlratrhis form Is for a + ► ' closu NC. TA N'IMCT. It was prrwided to me lfythe a nt named ahove_ Burr 13 As a consumer I dedirte to sign this disd+asum co rn cr, . }r y Y Oki 00 4 f� F—i f •k 1. LW to s I � - f. i'Bzf ' •F b " AU rl REAL L TA,T E co,vc Ayre Real Estate Co., Inc. makes every attempt to disclose all facts known to us about each property that we sell. However, we can not guarantee the suitability of a particular property to each individual buyer, each buyer assuming the responsibility to perform their own inspections, review and analysis. The following is a list, not intended to be all inclusive, which Ayre Real Estate Co:, Inc, advises that all buyers have reviewed by the proper authorities, their Attorney and/or public records prior to the expiration of the Buyer's "Right to Inspections" under their Purchase & Sale Agreement. Proximity to airports Wetlands Special assessments Public/private ways Recreational areas & parks Proximity to industrial plants Utility pipe lines Cell towers High tension wires Noise pollut9on ,= Housing/condo developments Sex offenders Power plants hligh tension wires - M Changes in,zoning laws Railroad tracks = CD Public/private ways Utility easement -- � Violent crime areas - Waste treatment plants Road expansion/widening 3 Park expansions School systems CO rn cry By signing Belo yer(s) certify and acknowledge that I/we have not relied r p ebentation which may have been made by the Seller an or a st Broke Agents during t,hj7 discussion of the subject p yer: Date Buyer Date 701 1Vlm'" Street. - Agawam, MA 01001." (.413) 789-0812 " FAX (413) 789-2427 4- �u Uw--I- . QF PMRPM a RhTiLI-T ^,A wC pw� Aft ALAI. thtAIL OQ d7 Alamo role barbelR Mt to . art��aalbpMNM�twli 31, fbas�' Syr MAerw-�.�a t�■e tt�pfbttie r�rlitryt��sdMt�i!}��M�te��e�p�t �rmt�1. 11i1 ol+�arleamtal aelpro►N ! rw� t* �Iwle lrr«e satNl��1�*m IA11� +�a DA= DATE ra CD L!7 Tax Card Information 0 ! 1 Memo To: Planning Board From: Sgt. Richard Niles Subject: Proposed Zone Change—Bonavita—444 Shoemaker Lane Date: 02-20-2007 For the purposes of the survey,the fire hydrant locate at the south west corner of proposed lot#3 was used as a point of reference (to be known as PoR). Measurements were taken from PoR to fixed objects/locations. This hydrant is 6.3' off the roadway surface. Roadway Quality offlow of traffic- light to medium Width of lanes - Total width =31.9' West bound = 11.4' : WB breakdown lane =3.4' : East bound = 11.4' EB breakdown lane = 4.1' Distance to existing roads: Losito Lane 276' west w Moylan Lane - 539' east IVEE") V, ,Surface makeup - paved asphalt '. Defects in road surface -minor FEB 2 t 2007 Visihiti : eastward — 539'+ V westward— 500'+ . t� � Li htin -proximity to utility pole lights : westward—NET&T IWMEG #43 -NET&T#48/WMtZ0#45t -251' eastward - NET&T#44/WMECo#41 - 287' Traffic Controls-none present Sidewalks none present (on either north or south side of street) t • 2 School Zone—distance to James Clark Elementary - 1.5 miles Playgrounds—distance to Perry Lane Park—2.2 miles Parking—compliance with Town ordinance for Handicapped Parking: NA Speed Limit---40 mph signs posted : west bound—north side of street across from#501 Shoemaker Lane east bound—SE corner of#459 Shoemaker Lane Road Markings—west bound lane solid yellow (no passing) - east bound lane broken yellow(passing) Tra is Unit Im act Estimates—none provided Other— Cross street and business located less than 300' west of PoR. Industrial park located 539' east of PoR. Roadway is used by passenger, light &heavy duty trucks,ten wheeled dump trucks, trailer dumps, and various tractor trailer units. Respectfully Submitted 4 � r Sgt. R. Niles Safety Officer Agawam Police Department A% Town of Agawam 'l' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 it'► MEMO TO: Planning Board FROM: Conservation Commission SUBJECT: Zone Changes - 444 Shoemaker Lane/Bonavita Rear land on Main Street- Mushy's Golf Center LLC DATE: February 21, 2007 The Commission has reviewed the two above-mentioned zone changes and offers the following information: The property at 444 Shoemaker Lane contains a pond and the rear land on Main Street may lie within a floodplain. HAK:prk HANNAH RAYMOND T SR 0 BLAIR KENNETH L HARRISON RICHARD E + 361SHOEMAKER LANE 373 SHOEMAKER LANE 403 SHOEMAKER LANE AGAWAM , MA 01001-3617 AGAWAM , MA 01001-3617 AGAWAM , MA 01001-361S Parcel ID: G4 1 2 Parcel ID: G4 1 3 Parcel ID: G4 14 WESTERN MASS ELECTRIC CO LANGONE PLUMBING + HEATING SUP HARRISON RICHARD E P.O. BOX 270 417 SHOEMAKER LN 403 SHOEMAKER LANE HARTFORD , CT 06141 AGAWAM , MA 01001-3619 AGAWAM , MA 01001-361S Parcel ID: G4 1 5 Parcel ID: G4 1 6 Parcel ID: G4 1 7 HARRISON RICHARD E FAITH BIBLE CHURCH LECRENSKI THERESA A 403 SHOEMAKER LANE P. O. BOX 836 822 COLLEGE HIGHWAY AGAWAM , MA 01001-3619 AGAWAM , MA 01001 SOUTHWICK , MA 01077-9 Parcel ID: G4 1 8 Parcel ID: G4 2 1 Parcel ID: G4 2 2 LECRENSKI THERESA A WESTERN MASS ELECTRIC CO MCCARTHY JOHN J 384 SHOEMAKER LN P.O. BOX 270 459 SHOEMAKER LANE AGAWAM , NIA 01001 HARTFORD , CT 06141 AGAWAM , MA 01001-361F Parcel ID: G4 2 5 Parcel ID: G5 1 1 Parcel ID: G5 1 2 BRYARS KENNTH E BISHOP CHARLES L JR LEWIS EDWARD H JR 7 LOSITO LN 11 LOSITO LN 15 LOSITO LN AGAWAM , MA 01001-3607 AGAWAM , MA 01001-3607 AGAWAM , MA 01001-3607 Parcel ID: G5 1 3 Parcel ID. G5 1 4 Parcel ID: G5 1 5 LOSITO MICHAEL P LOSITO MICHAEL P FOURNIER WARREN + THE 489 SHOEMAKER LN 489 SHOEMAKER LN P.O. BOX 594 AGAWAM, , MA 01001-3621 AGAWAM, , MA 01001-3621 AGAWAM , MA 01001-0594 Parcel ID: G5 2 14 Parcel ID: G5 2 15 Parcel ID: G5 2 5 LOSITO MICHAEL P GILBERT SID E LUCIA RAYMOND F 489 SHOEMAKER LANE 501 SHOEMAKER LANE 777 SILVER ST AGAWAM , MA 01001-3621 AGAWAM , MA 01001-3691 AGAWAM , MA 01001-29SE Parcel ID: G5 2 6 Parcel ID: G5 2 7 Parcel ID: G5 3 1 DUQUETTE LEON J CORDI COSIMO BALDYGA PAUL 811 SILVER ST 470 SHOEMAKER LN 853 SILVER ST AGAWAM , MA 01001-2989 AGAWAM , MA 01001 AGAWAM , MA 01001-298S Parcel ID: G5 3 10 Parcel ID: G5 3 12 Parcel ID: G5 3 13 RIVERA ANGEL L AFFLITTO MICHELLE A LAKES DUQUETTE LEON J 799 SILVER ST 805 SILVER ST 811 SILVER ST AGAWAM , MA 01001-2988 AGAWAM , MA 01001-2989 AGAWAM , MA 01001-298S Parcel ID: G5 3 2 Parcel ID: G5 3 3 Parcel ID: G5 3 4 PYCKO FRANCIS S JR BALDYGA PAUL AFFLITTO JAMES V 845 SILVER ST 853 SILVER ST 805 SILVER ST AGAWAM , MA 01001-2989 AGAWAM , MA 01001-2989 AGAWAM , MA 01001-298S Parcel ID: G5 3 5 Parcel ID: G5 3 6 Parcel ID: G5 3 7 0 0 PYCKO FRANCIS S JR LANGONE ELLIS BETKO LLC, 845 SILVER ST 417 SHOEMAKERLN 18 GLYNN DR AGAWAM , MA 01001-2989 AGAWAM , MA 01001-3619 WILBRAHAM , MA 01095 Parcel ID: G5 3 9 Parcel ID: G5 5 1 Parcel ID: G5 5 2 GOODMAN BERN SASANECKI LLC RICCO JAMES A 74 MOYLAN LANE 68 MOYLAN LANE 143 BIRCH HILL DR AGAWAM , MA. 01001 AGAWAM , MA 01001 Agawam , MA 01001 Parcel ID: G5 5 3 Parcel ID: G5 5 4 Parcel ID: G5 5 7 ANDERSON LYNNE LOCKERY ALAN, SPECTRUM ANALYTICAL INC BERKSHIRE POWER COMP/ 800 SILVER ST 830 SILVER ST 36 MOYLAN LN AGAWAM , MA 01001-2907 AGAWAM , MA 01001-2989 AGAWAM , MA 01001 Parcel ID: G5 6 1 Parcel ID: G5 6 2 Parcel ID: H4 2 3 SASANECKI LLC 68 MOYLAN LANE AGAWAM , MA 01001 Parcel ID: G5 5 5 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, March 1, 2007 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of Bonavita for a proposed zone change on Shoemaker Lane. The property is zoned Industrial B. The request is to zone it to Residential A-2. Copies of the proposed 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 2/15/07 &2/22/07) Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 February 16, 2007 Dear Abutter: Carlo Bonavita has submitted to the Town a request for a zone change on property located at 444 Shoemaker Lane. The property is currently zoned Industrial B. The request is to rezone the property Residence A-2. 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, March 1, 2007 at 6:30 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:prk Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Building inspector Safety Officer Fire Department Health Department Conservation Commission Engineering Department/DPW Board of Appeals School Committee Assessors FROM: Planning Board DATE: February 1, 2007 SUBJECT: Proposed Zone Change - Bonavita- 444 Shoemaker Lane Carlo Bonavita has submitted a zone change request from Industrial B to Residental A-2 for property at 444 Shoemaker Lane. The Planning Board will be holding its public hearing on this proposal on Thursday, March 1, 2007. We would appreciate any corn ments you may have prior to this hearing. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH/DSD:prk *Attorney Scott E. SkolnicJ0 569 Springfield Street Feeding Hills, MA 01030-2105 (413) 786-6727 Fax: (413) 786-7564 January 5, 2007 Town of Agawam Debbie Dachos, Building Department 36 Main Street Agawam, MA 01001 RE: Zone Change Petition for 444 Shoemaker Lane, Agawam Dear Ms. Dachas: Please be advised that I represent Carlo Bonavita regarding the purchase of the above referenced property. Please be advised that Mr. Bonavita will not be available for any Hearings in the month of February. We would appreciate it very much if you could schedule no Hearings in February. Please contact me if you have any questions. ThanLSkoli ooperation in this matter. Sinc Scotquire SES/din cc: Ursula Wrezler AGAWAM CITY COUNCIL 36 MAIN STREET _ AGAWAM, MASSACHUSETTS 01001 MEMORANDUM Date: February 1,2007 To: Planning Board From: Ursula Retzler, Council Clerk Re: Zone Change—ZC-2007-2 PRESIDENT ZONE CHANGE--Industrial B to Residential A-2 regarding Donald M. ltheault property located at 444 Shoemaker Lane, Aga.,MA for Carlo P. VICE PRESIDENT Bonavita. Robert A.Magovern Received from Building Department. Submitted to Planning Board COUNCILORS on February 1,2007. Planning Board will hold their Public George Bitzas Hearing on March 1, 2007. Cecilia Calabrese City Council will hold their Public Hearing on March 5, 2007 after Ruth Carr Bitzas City Co7',-7 ' proval o set said date. Gina M. Letellier Joseph Mineo Dennis J.Perry ' 1 Robert E. Rossi Signed Jill P.Simpson Planning Board Robert M. Young COUNCIL CLERK Ursula Retzler ate. Y 5 TELEPHONE (413) 786-0400 Ext. 233 FAX (413) 786--9927 ! •-Z C THE TOWN COUNCIL AGAWAM, MASSACHUETTS DATE: ; �.` a.0 -_0 THE UNDERSIGNED RESPECTFULLY PETITIONS The Agawam Town Council to change the present zone of Industrial B to Residential A-2 regarding the property located at 444 Shoemaker Lane, Agawam, Massachusetts. I have attached a copy of the legal description of the property which is marked by an asterisk and a plan of the land. I am not the current owner of the property but I have attached a copy of the Purchase and Sale Agreement and Addendum. After the approval of the zone change, it is my intention to subdivide this piece of property into five (5) Lots so that I can construct five (5) individual homes which will meet the required zoning by-laws and I will apply to all the appropriate Town Boards for their approval of this project. RESPECTFULLY SUBMITTED BY C-A w Carlo P. Bonavita, Petitioner By his Attorney Scott E. Skolnick co Cn m e7 PLAIffiv,, -.', BARD 744393 DEED RE, JOHR A. BRUNG and PA40ALE A. SRIIAO of 10 Memorial Drive, Feeding Hills, Hampden County, Massachusetts, being unmarried, for consideration paid, and in full consideration Two Hundred Fifty Thousand and 00/100 Dollara ($250,000.00) grant 'to THOMAS t. M411-fli end ROBERT J. KIH2 as trustees for the SHOBHAKER INDUSTRIAL PARK REALTY TRUST, of P,O, Box Drawer K, Southboro, Massachusette, a Massachusetts realty trust duly established under the laws of the Commonwealth of Massachuaetts, dated Oct, 20, 1986 ' and recorded herewith, with warranty oovenants, the land in Agawam, Hampden County, Massachusetts, bounded and described as follows; BSOINHINO at a point in the easterly side of Shoemaker. . Lane_, at the nortAwasterly corner,' of:Land now or-former? i of one s;ry Raaevicz and at the so itl11ra88el'Iq oornat+ ;k lant v.li aow r. fornwerly of tingeli►H Bra is, as.a bwsi .oft 8aesi 1"terd April '6, 1956 and •record*d iti UsM de Gouty R g3:stry. Deeds in Book 2459, Page 444, and running• thslice H. 100 161 W. along said Shoemaker Lane, Thirty-four and 901100 (34.90) feet to a point; thence N. 330 281 W. along said Shoemaker Lane, Eight Hundred Sixty-three and 29/100 (863.29) feet to a atone bound; thence N. 660 53' 45"E. along other land of said Angelina Bruno, Nine Hundred Eighty-four (984) feet to a point at the southerly corner of land conveyed by Peter and Rome Luaia to Raymond F. and Oraos R. Lucia by deed dated February 16, 1951 and recorded as aforesaid in Book 2100,, Page 374, and at the westerly corner of land now or formerly of one Drewnoski; thence is 'S, 326 251 .E. along land of said Drewnoski, Light Hundred Forty (840) feet to an iron pins thence B. 42a 43' B. along land of said Drewnoski, Two Hundred Sixty-five (265) feet to an iron pin at - < land now or formerly on one Prempaa; CJ) thence `TJ S. 10° 29 t W. along. land of said Prampas, Six Hundredf::1 . Nineteen and 41/100 (619.41) feet to-a C"? point at land now or former.1y of aaid :a .:.5} till == oa rT1 r HN6262 PME7_ 93 F Racewicz; thence N.�800 56, W. along land of said Naoswios, Six Hundred forty-tbres and 501100 (643.50) feet to Shoemaker Lane at the point of baginni.ng, SUBJECT TO Layout Alternation Order, Town of Agawam, under instrument dated April 11, 1984 and recorded as aforesaid on May 15, 1984, -in Book 5611, Page 280. SUBJECT TO Order Taking, Storm Drain System on Shoemaker Lane under instrument, dated April 17, 1984 and recorded as aforesaid on April 17, 1984 in Book 5611, Page 287. SUBJECT TO Taking for Sanitary Sewer by Tdvn of Agawam under instrument dated May 7, 1982 and recorded as aforesaid on May 8, 1982 in Book 3689, Page 363, an the same may affect the property. SUBJECT TO Revised Order of Taking for Sewer System dated June 19, 1982 and recorded on July 10, 1982 in Book 3708, Page 242, as the same may affect the property. SUBJECT TO rights granted Turneral Fails Power and $leotric Company under instrument dated March 8, 1924 and recorded as aforesaid in Book 1213, Page 177. Excepting therefrom, a parcel consisting of 5.08M acres, bounded and described as follows: Beginning at a concrete bound in the northeast sideline of Shoemaker Lane as laid out in 1984 and shown on plan recorded in Hampden County Ragiatry of Deeds, Plan Book 216, Page 80; said bound being opposite the baseline station 57 + 71.08 and marking the beginning of a curve to the left; thence running northwesterly along said curve, the radius being 752.03 feat, for a distance of 2,09 feet to an iron pipe set at the southerly corner of land now or formerly of Grace Lucia; thence running N340-40T-54"8 along said Lucia land for a distance of 365.00 feet to an iron pin net at other land of the grantors; thence running 5370-881-47"E for a distance of 465.00 fast to an iron' pipe set; thence running SW -507 -5011 9 for a distance of 35o.0o ft. to an iron pin eat; ; thence running S45 -591-CD"W for a distance of 140.00 feet to a point at the beginning of a curve; thence running westerly and northwesterly along said curve to the right, the radius being 25.00 feet, for a distance of 39.27 feet to a point in the northeasterly sideline of said ; f Shoemaker Lane; (the last four couraes being along other land of the grantors)1 thence running M44.0 -011-00MW along C=7b said sideline for u distance of 705.00 feet to the oonorete bound at the point of beginning . Bald described parcel - C:� n fJ7 C- EJ0 M CJ1 I• ; 006 2 6 2 P,18c219 c��. oontains 5.084 sores, together With all eeaexents, and is • shown on a plan prepared by n,L.Bean, Ito. dated October 2, 1986 to be reoorded herewith, Oranting to the grantee, their successors, heirs, and assigns, an easement for surface water drainage a width of thirty (30) feet aaross said 5.084 sore parcel of the grantors.' approximately 478 ft, in length, as shown on said plan by D.L. Bean, Ina. This easement shall include the right to enter to construct, inspect, and maintain drainage facilities, landscape, alter grades, and slopes, and topography, out trees and brush on said easement, all in compliance with applicable laws, oodes and regulations. This easement shall be for the purpoae of draining surface water from both the conveyed parcel and the excepted parcel retained by the grantors. BEIHO a portion of the premises oonveyed to the grantors by deed of Angelina Bruno, at al dated February 19, 1974 and reoorded in Hampden County Regiebry of needs on Harrah 6, 1974 in Book 3928, Page 289. WITNESS our hands and seala this 20th day of October, 1986. ''�� f��r -• .R©erg Y'" old. PASQUAL A BRi1NO Gr M _ y w Cn F ry Co �I # f LAND PURCHASE AND SALE AGREEMENT .. REALTaR' MAL pprogtuxrt no -ry 1,PARTIES.This Agreement is made this 28th day of June,2006 hetween 4n Bruno,10 Memorial Drive,Feeding Mills,MA 0103D,hereinafter called the SELLER, ci'�nIR�"rr� and Carlo P. HeaiuM or Nominee,68 Old Fang Hills Rd,Westfield,MLA 01085,hereinafter called the BUYER, 2. DESCRIPTION. Subject to the terms and conditions hereinafter seek forth,the SELLER agrees to sell and the BUYER agrees to buy the following bounded and described premier: as more particularly described in a Deed darted March 08,1974and recorded in the HampdenCourr$r Registryy of Deeds in Soots 3928 Page289or land Court Cert1fic ate OL 3. PLANTINGS, TOPSOIL., FM. Included in the sale as part of Bald premises are all trees, shrubs, plants and topsoil located thereon.The SELLER agrees not to remmm,cut or otherwise alter same during the term of this Agreement 4,TITLJE, Said premises are to be conveyed on or before December;31 ,2DDS by a good and sufficient Deed of the SELLER which shall be a Deed of equal character and coverarts as held by the SELLER,conveying a gam,clear record and marketable We to the same See from all encumbrances,except a.Usual public utilities servicing the premises,if any, b.Taxes far the current year not due and payable on the data o,,delivery of the Deed: c.Any liens for municipal assessments andlor orders for which assessrneMs may be made after the date of this Agreement d.Restrictions and easements of record,if any,which do not ra teriially affect the value of the premises, e.Prov%ions of existing buliding W d zoning laws. 8. CONSIDERAInON. For such Deed and oonveyance the BUYER 4 to pay the sum of...........................SCE $250,000.00 ofwhich...... ................. ... .................................., _.................... ................... . ............ ....._... .DEPOSIT$ 2,500.GO have been paid this day as a deposit and.—..................—........................ ........................... .......MLAN DUE $247,500.00 are to be paid in rash, or by certified or bank check upon delivery of the Deed. S. PERFORMANCE. The peed is to be delivered and the consideration paid at the Registry of Deeds in which the Deed should be by law recorded on December 31,20D5 at10:00 AM.unless some other place and time should be mutually agreed upon.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 ftrad to dear the title of any and all encumbreirmes or interests;and all instruments so procured to Gear the We shall be recorded simultaneously with the delivery of the Deed. 7. CASUALTY LOS5. in case of any damage to the premises by fire or other casualty after the signing and delivery of this Agreement by all parties hereto, and unless the premises shall have tHwn restored to Its farmer condition by the SELLER prior to the perfom once date,the BUYER may,at the BUYER'S option, either sAncW this Agreement and recover all sums paid hereunder or require as part of this Agreement that the SELLER pay over or assign,on delivery of the Deed,all sums recovered or recoverable on any and all insurance cove"such damage. 8.POSSESSION, Full possession of the premises,free of all tenants and occupants, is to be delivered to the BUYER at the time of the delvety of the Deed,the said premises to be then in the condition required by this Agreement.The BUYER shall Have the right to inspect the premises far compliance with this paragraph prior to delivery of the Deed upon reasonable notice to the Broker. n C-> (dl PAvised 11= 0oWMh1V 2W6 REALTOM Assads oon of Pioneer Valley,Inc. [7 co M FapS.ADJUSTMENTS. Fuel,rents, w*and rent deposits and any interest due thereaar rates,sewer use and taxes shall be poriloned as of the day of delivery of the Deed. If the amount of said taxes is W known at the time of the delivery of the i6ed, they shall be apportioned on the buis of the tomes assessed for the preceding year with a reapportionment as soon as the new tax rate and valuation can be ascertained,which fatter provision shall survive the delha y of the Deed. 10.DEPOSITS.All deposits made hereunder shall be held by Ayre Real!---stela Co.. Inc.herein called the Broker,and shall be duly accounted for at the time for Performance of this Agreement. In the event of a dispute between SELLER and BUYER as to any or all of the provisions of this Agreement or the performance thereof, the Broker shall retain all depcits hereunder In the Brokers escrow account, unless some other agreement Is reached in writing between the parties, or Loth the dispute is resolved either by court Judgment or by binding settlement between the parties. The Broker shad abide by any court decision concerning to whom ttwe funds shall be paid and shall not be made a party to a lawsuit solely as a result of holding escrowed funds. Should the Broker be made a party in violation of this paragraph, the Soaker shFill be dismissed and the party asserting a claim against the Broker shall pay the Brokers reasonable attorneys'fees and costs, 11. (DEFAULT. if the BUYER shall default under this Agreement, the BUYER shall forfeit the BUYER'S deposit and tv Broker shall deliver the deposits to the SELLER. In aid 11141M, III t !&W—Nloa S�yG `x etentlon of a' oM� s al toe Sellers sole .and exclusive, remedy at law a7nd in equity up to $5,000.00 12. MORTGAGE CONTINGENCY. This Agreemerd is contingent on the BUYER'S ability to obtain ConventionaUConstruction mortgage loam commitment of $To be determined . if, despite the BUYERS dlligent efforts,a commitment for such loan cannot be obtained on or before wtttMn 2a ftps OF Obtaining necessary apprmmis*am the town,2006, the BUYER shall so advise the Broker in writing and this Agreement shall become null and void,and all peyment made hereunder shall be refunded and all obligations to each other Mail cease. K such written notice is not received on or before the expiration date hereinabove specified,the BUYER shall W bound to perform the BUYEFVS obligations under this Agmrnarrt,Furtlw,the BUYER agrees to provide such reasonable documentation of the BUYER'S failure th obtain such loan commitment as the $ELLE€t may request. In no event shall the BUYER be deemed to have used "diligent efforts" to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions forh%lth. 11UNDERGROUND STORAGE TANKS. The parties acknowledge 'hat the Massachusetts Board of Fire Prevention has.issued regulations governing time maintenance, repair and removal of underground storage tanks to prevent and detect leakage of tank contents into surrounding soil and water supplies. The SELLER hemby discloses that there are are not-X underground storage tank(s) at the premises. if there am one or more undargrourxa tanks at the premises,the SEW &) N discloses Mat the tank(s) have haw not X been used within the past six (e) months exclusively for fwWorap of fuel oil for consumption on the presses and to the best of the SELLER'S knowledge there has been no release or Wkin&oil M from such tank(s). In the event that such tanks have not been so used,SELLER agrees that SELLER will camplyii tl5W app`Irpble pro+from, of 527 CMR 9.00 et seq.regarding the removaifilling of such tanks sc that at the time of the delivery th*Qeeci�re premises vAl be In compliance with the provisions of the aforesaid regulations. ' ' ~- 14.MISCELLANEOUS RE,PIZBENTAi'IONS. M a. In the event that a private water source is servicing the premises, the SELLER represents#t?at tlikowater source is providing adequate amounts of potable water for normal household use as of the date hereof. C') b. In the event that a private sewerage system is servicing Ifs premises,the SELLER raMsentO hates the best of the SELLER'S knowledge,it is in good working order as of time d 0a hereof. 15. RIGHT TO INSPECT; AGKNOWLEDGEMBNT. This Agreement it subject to the right of the BUYER to obtain,at BUYERS own expense, an inspection of the prerrises and written report to include, but not be limited to, the eitisten= and condition of underground storage tanks If any, the presenoe of insect infestation, the presence of h=ardous materials on the premises or the likelihood of release of hazardous materials on or from the premises,the pmercre of asbestdrs,urea-formaidehyde foam insulation, lead based paint andtor radon gas, the adequacy and suitability of the water supply and the oondlton and adequacy of the sewerage system, by the consultent(s) of the BUYER'S own ohoosing. The BUYER'S right of inspection shall expire on JWx 31, 2006 (recommended 10 days) _ The BUYER and the BUYER'S consultants) shall have the right of access to the Premises at rassonable tames upon twenty-four(24) hours advance notice to the Broker,for the purpose of inspecting,as aforesaid, the condition of said premises. If the BUYER Is not satiafied With the result of such inspection(s)this Agreement may be terminated by the BUYER,at the UUYER's elecdon,wftxA legal or equkable recourss to either party,the parties ftreby releasing each outer from all liability under this agreement, and the deposit shall be retuned to the BUYER, provided however, that the BUYER shall have notified the Broker, in writing, together with a copy of the written reports) of the Inspection(s) on or before the inspection expiration date hereinabove specified,of ttme BUYER'S Intention to so termninate. If such notice and written report(s)are not received on or before the inspection expiration date thereinabove specified, ttie BUYER shalt be bound to perform BUYER'S obligations underthis AgreemerrL BUYER ACKNOWLEDGES THAT:(a) INFORMATION WAS SUPPLiED BY tHE SELLER ANC HAS NOT BEEN CHECKED FOR ACCURACY BY THE BROKER;(b)PUBLIC INFORMATION WAS SUE1JECT TO BUYER'S VERIFICATION;(0)EACH ITEM:WAS SUBJECT TO DIRECT INQUIRY BY THE BUYER, AND THE BUYER HAS BEEN SO ADVISED; (d)THE BROKER MAKES NO REPRESENTATIONS REGARDING THE CONDITION OF THE PREMISES,SMUCTURE(S)THEREON OR THE MECHANICAL 2 Revised 1`1100 Copyright zo08,REAL.TORS Assa;tstlon of Pioneer Varney,Inc. PF711AS!THE ONENTS THEREOF; ANDOHE BUYER HAS NOT BEEN! INFLUENCED INTO THIS AGREEMENT NOR 13UYER RELIED UPON ANY WARRANTIES OR REPRESENTATIONS NOT SEf' FORTH OR INCORPORATED iN AGREEMENT OR PREVIOUSLY MADE IN WRITING, EXCEPT FOR THE FOLLOWING ADDITIONAL WARRANTIES OR RESENTATIONS,IF ANY, MADE BY EITHER THE SELLER OR THE BROKER- (If none,state"norm,^if any listed,indicate by whom the warranty or representation was made)-none 16.CONDMONS PRECEDENT TO BUYER'S PERFORMANCE. Notvrlthstanding any provision of this Agreement to the contrary, the BUYER'S obligation to purchase the premises is subject,at the BUYbFVS won,to the following conditions precedent a.A percolation test of the premises at the sole cost and expense of the SELLER 0 BUYER Q satisfactory to theNIABoard of Health. If the results of the percolation test are not satisfactory to the N/A Board of Health, the BUYER shall notify the ;SELLER in writing on or before , 2005 and this Agreement shall become null and void, and all payments made hereunder shall be refunded and all obligations to each other shall cease. b. Obtaining at the BUYER'S sole cast and expense, is building permit for the consirwtion of a4il amily and r Commercial Apartment building structure. In the event that the BUYER is unable to obtain a building permit, the BUYER shall notify the SELLER in writing on or before Dacembar 30, 2m and this Agreement shell become null and void,and ail payments made hereunder shall be refunded and all obligations to each other shall case. c.A septic system plan for the premises prepared at the sale cost and expense of the SELLER[] BUYIERO satisfactory to theN1A Board of Health. If the septic system plan is riot ssitisfaotory to the Board of Health, the BUYER shall notify the SELLER in writing on or before , ,2005 and this,Agreement shall become null and void, and all payments made hereunder shall be refunded and all obligations to each other shall cease, 17.BUYER'S RELEASE OF SELLER AND BROKEK The BUYER Nr reby releases SELLER and the Broker from any and all WNW of any nature relatrng to the oandb)n of, or any defects In, he premises or any materials, substances or structures or improvements thereon, specrf"lically including,m4thout limitation,all matters set forth in paragraph 95 above, of which the SELLER or Broker,as the case may be,had no actual knowledge prior to the exambon of this Agreement, 96. PRESENTATION OF OFFM& SELLER agrees that upon signing of this Agreement by SELLER and BUYER,and during the pendency of this Agreement, the Broker shall have no obligation to present fivrther offers to the SELLER nor shall the Broker continue to market the premises. IS. CONSTIUJCTION OF AGREEMENT. 'Ms Agreement has train executed in one or more counterparts and each executed copy shall be deemed to be an original,is to be oo mh*d under the jams of Massachusetts,is to take effect as a sealed instrument, Sets forth the entire agreement between the parties, is binding upon,and inures to fhe benefit of the parties hereto and their respective heirs,devtsees,exec uham,adtlnistrs`tom,successors and m igns and may be canceled,modified or amended only by a written instrument executed by the parties heretic or their legal rerweeentatives. If bw or more persons are named herein as SELLER or BUYER,their obligations hereunder shall be joint and sevantl. 20. NDTIC>r. Any notice MtAred to be givers in this Agreement stall be in writing and shag be deemed to be duly given when delivered to the party entitled to such notice at their address set forth herein. 711 r-J ry c� j .. CO ROVised i I IN CopytighM 20M REALTO"Association of F lonsar Valley.Inc. V21. REEMENT TO MEDIATE, DOTES OR CLAIMS. Any dispute or claim ari ut of or relating to this Agreement, the of this Agreement or the brokerage services provided in relation to this Agreement shall be submitted to n7ediation in dance with the Rules and Procedures of the HornesellerslHomelwyers Dispute Resolutfan System ("DRS"]: Disputes and s shalt specificaPy include, without limitation, representations made by the SELLER,the BUYER or the Broker in connection with the sale, pumhase, finance, Condition or rather aspect of the pn3r rises to vMch this Agreement pertains, including, without limitation, allegations of cealment, misrepresentation, negligence andlor fraud. Any agreement resolving the dispute or claim signed by the parties pursuant to the mediation conference shall be binding. The filing of a court action by any party hereto for the purpose of prfmm*V the benefits of this Agreement during the mediation Process shall not consMuts a waiver or breach oF such parry's duty in mediate under this paragraph. in the event that any party hereto falls to =npty with the terms of this paragraph 21, the nonAef thing party shall be entitled to recover hislhrer costs and expenses,including reasonable attorneys flees,in effectuating the defaulting party's cornpliar m with the terms of this paragraph 21. By signing this Agreement, the parties hereto acimowledge that they hive received, read and understand-the DRS brochure and agree to submit disputes or claims as described above to mediation in accordance with the DRS Rules and Procedures. The Provisions of He paragraph shall survive the closing of the transactions set forth in this Agreement. 22. ADDITIONAL PROVISIONS. Set forth below are additional provisione, if any, which are incorporated herein and made a part hereof: (If none, state"Iwnem)$ubject to buyer obtaining all necessary permits Including a zone change for the construction and development of 24(minimum)luxury apartment units at the buyers expense. Beaver agrees to dllfgengy pursue necessary zoning change and permits. This is a legal and binding agreement Ayre Real Estate Co_, Inc. advises all parties to this agreement to seek legal advice prior to signing. Buyer agrees to undertake any enviromental testing that may be required in order to obtain a binding Permit Buyer is aware that there are two easements and some wetlands on the property. Ayre Real Esh to Co., Inc.represents the Wier in this transacOon and Park Square represents the buyer. Seller b remove greenhouse prior to dosing. 23. ADDENDUM($) TO AGREEMENT, Attached hereto istare add«rdurn(s) which islere incorporated herein and made a par# hereof: (If none,state"none") A:Agency Disclosure 8: [plot Plan C:Ayre Disclosure -Date Date -SELLER pate Bl3YER Dste FOR INFORMOONAL PURPOSES-9MLYhp follow'rn Real st 13rpkers ara_assistinq with this transaction Broker; Cynthia Ayre,Ayre Real Estate Co., Inc sec ke . 'if any]Park Square Realty Ln C M N C3 CO Cn 4 Revised 11MO Copyrtght* 2006 REALTOFMAssoAAA on of Pioneer Val",Inc. Ilali as as �ZVER SIDE LIQUIIRs r MASSA+CHU$STS BOARD OF REGIF MTION Of R17AL ESTATE BROURS AND MESPERSONS MANDATORY AGENCY DtSt OSURJ:-AGENCY RELATIONSHIP The purpose of this disclosure is to enable you to rrka'ce informed choices befom working wfth a real estate iicansea it must be pr(Mdad at the first Persona(rnteeting that you have with on Rgerd W discuss a SPecific property,THES IS NOTA MNTRACT it is a discl,wure notice foryour Information and protectlon. BE SURE TO READ THE DESCO!"IONS OF THE DWFlERE:NIT TYPES OF AGENCY RERR SfIVUT10H ON THE OTHER SINE OF THIS DISCLOSURE CONSUMER I;NFOWA'Ii ION 1. Whedwyvu are the bvW or1$te selleryou can chooseto have the kIvice,asslMnm a and repmsen- tation of your mn agent.Do rwt assume-that a broker iv mcdng on your behalf unless you have eontrat with that broker w represent you. 7- All real ens w limnsees mom,by h^prevent propordes homy and accurately. 3. If you area selleryou may authari=yDor listing agent to coopentte with agefs from other flaw to help sail your property These cwperaAS agents may be subagerrts who m ork for the salter or buyers agents. 4. If you are the buyer you Dave the option of working with sellers'or buyers,agents.This decision wilt depend on the types of servioas you want from a m+eW 4stM agent. A buyer should too sellers'a nts, indualing subagents,only whet h dshe would tell the seller direcdy. CONSUMER ItE:SFONSIRILITY The dutim of'shoal estat like do not relieve the consumer of the responsibility W proved histher own interest. Consumers with questions on whether and haw real estate 'seers sham fees 'should page therm to the agent.If you need advice fat too,tax, Insuram or other Inatters it 9s your responsibililly to wnsult a profmional in noose areas. ACKNOWLEDG&ABff I have pm%ided this dlsdocure farm to., . I have Inforrnecl the above mined camurnerls the I am a:(check.one) El Self Agent Q Beryees Agee# tom} cD* I s osure IN ITS Ehi RREW ON OCYrH 5IDES.I understAnd dw this form 1s iQr a cy #dsu NOT A . it was prmided to me by the agent named above. rs +ure�c t +�Kf toart n►aut �r eller As a consumer l dedine to sign this disclosum -^ 77 co r r ' f 4 G::) C) m WrQ r+s m •ILL � �.,^ � (/] 1 � L, �i ap ril 1 IW ...... cl .. ....- a ! 4 n ro wN I �� WMECO O to o*f LAN '� a �,....r•� r irA �f AUM REAL ESTATE co,ivc. Ayre Real Estate Co., Inc. makes every attempt to disclose all facts known to us about each property that we sell. However, we can not guarantee the suitability of a particular property to each individual buyer, each buyer assuming the responsibility to perform their own inspections, review and analysis. The following is a list, not intended to be all inclusive, which Ayre Real Estate Co:, Inc. advises that all buyers have reviewed by the proper authorities, their Attorney and/or public records prior to the expiration of the Buyer's "Right to Inspections" under their Purchase & Sale Agreement. Proximity to airports Wetlands Special assessments Publiclprivate ways Recreational areas & parks Proximity to industrial plants Utility pipe lines Cell towers High tension wires Noise pollution Housing/condo developments Sex offenders Power plants !-High tension wires C-) Changes in-zoning laws Railroad tracks � c, Publiclprivate ways Lgl[ity easement > -- Violent crime areas Waste treatment plants : .� ) rn Road expansion/widening Paris expansions , School systems CO M LA By signing belo , yer(s) certify and acknowledge that I/we have not relied p entation which may have been made by the Seller an or a st Broke Agents during the discussion of the subject op yer Date _._,.. .Buyer - --. Date 701 Maiii) Street • Agawam, MA, 01001. (41.3) 789.0812 • FAX (413) 759.2Ai27 �I/'Ltltlb 1 // 4 4 f U:J-zg4!, WrrCr_ M04L Cn r F41 r_ loll I"AutNew ju tl1 19r3i11 eg: " AYR REAL tblAlh M0 xu�ab '(9�r y�a Addaw�to�#Me�i�e nd�1a gad�e1 bne� lr�la�or�,M�t�D�R. eel+ x'l�e1►1nreMs � 'i�le�iir ywlwt�IMt�Mr�r�w errs!�Nrbea► �rlinrrlpp�l�slweM� �41��ffir /fnM. IW od�r�mn,wleaslllMawlt�rMI�IR � NM�trr�x�ii�lp�+�gr�wrsnl+r +wr 09 d0 VA7 c c= "a C-n 7 ,� n The - Berkshire Design Group, Inc. NOTES: 1. PROPERTY LINE DATA AS TAKEN FROM A PLAN ENTITLED "SUBDIVISION OF PROPERTY AGAWAM Landscape Architecture MASSACHUSETTS FOR: JOHN BRUNO ..." DATED 10-2-1986 BY D.L.BEAN, INC. RECORDED IN PLANBOOK Civil Engineering 241 PAGE 88 AND IS NOT THE RESULT OF A SURVEY BY THIS OFFICE. Planning 2. TOPOGRAPHIC/DETAIL SURVEY BY THIS OFFICE IN SEPTEMBER/OCTOBER 2006. Land Surveying 3. VERTICAL DATUM IS ASSUMED. 4. LOCATION OF UTILITIES SHOWN HEREON ARE THE RESULT OF SURFACE EVIDENCE AS LOCATED BY FIELD SURVEY, PLANS OF RECORD, INFORMATION FURNISHED BY THE RESPECTIVE UTILITY COMPANIES, OR OTHER AVAILABLE SOURCES. THIS PLAN DOES NOT NECESSARILY DEPICT THE EXACT LOCATION OF ALL UTILITIES WHICH MAY EXIST AT THIS TIME WITHIN THE PREMISES SURVEYED. LOCATIONS SHOULD BE VERIFIED BY THE RESPECTIVE UTILITY COMPANY BEFORE BEING RELIED UPON. CONTACT DIG-SAFE AT A� � 1-888-�344-7233 BEFORE EXCAVATION. Northampton, Massachusetts 01060 NOTE: A GAS MAIN MAY EXIST ALONG THE FRONTAGE OF THESE PREMISES ALONG SHOEMAKER LANE. -q 4 Allen Place, ti 9'L 41 582-7000 - FAX 413 582-7005 5. WETLAND FLAGS SHOWN HEREON AS DELINEATED BY VALLEY ENVIRONMENTAL SERVICES AND FIELD j LOCATED BY THIS OFFICE AT TIME OF SURVEY. Op O 6. FOR LOCUS TITLE REFERENCE, SEE DEED TO ANGELINA BRUNO AND JOHN A. BRUNO AND PASQUALE A. 'f Email; bdg0berkshiredesign.com BRUNO RECORDED IN BOOK 3928 PAGE 289 (PORTION OF). THE PREMISES CONSIST OF 221,473 SQ.FT.f �� Web: httP HWftberkshiredesign.com (5.084 ACRES±). THE PREMISES SHOWN ARE SUBJECT TO AND/OR TOGETHER WITH THE BENEFITS OF �O ANY AND ALL EASEMENTS, RIGHTS, CONDITIONS, COVENANTS, AGREEMENTS, RESERVATIONS AND '9C RESTRICTIONS OF RECORD, IF ANY ARE IN FORCE AND APPLICABLE. F \ This drawing is not intended nor shall it be used for construction purposes unless the signed professional seal of a registered / \ landscape architect, civil engineer or land surveyor employed by \ The Berkshire Design Group, Inc. is affixed above. © Copyright The Berkshire Design Group, Inc. w This droWing and all its contents are the express property of ' ``'� - •-• - -- --.� �.� __.. � � .` ^ `r �� . The Berkshire Design Group, Inc., and shall not be copied or used in any Way *bout the Written consent of The Berkshire Design Group, Inc. nf ` HUNGRY-HILL PRODUCTS, LLC I 1 , Book 14991 Page 129 PLANBOOK 252 PAGE 78 (Lot 9)� j \� wr■, n Psn r, j --2e'4,E'er f I 1 1 J I ELIIIS LANGONE r-----�_ 9 a12 �` 4 y J Book 10500 Page 228 rBIB .1YF lf,� _- WF B17 Land In _ PI nbook 252 Page 78 (Lot 10) ,1 ws W UAL M'F 812 A. rlif B1S16 � W ��` -� Agawam � � � ~ ; ` .� w 7� Gso t014 w1 Gsp W C"ar�vra. ;' « ICI r POND wi+x5 , c�s Qo• 1 i i APP ,200 J' ! 4 Plan or k. 60 f >f >ri A r �/ AL W Ar I ,�'� = ry wr i Carlo Bonavita n/f g _. . Agawam, Massachusetts ' COSIMO CORDI p r ,"A ! f � L � � W� g t -� Book 9018 Page 289 ! Dc� eats a1 10 ` i t Planbook 278 Page 127 C '� e e W�3 12 WrDo APPROX. 113,000+ Wr // 9 ulmo It Other Land of ANGELINA BRUNO and 0 AP O . 5,4 �,'APPROX. 15 4a01 y I W o,s W DY .L ! u I wF cu t JOHN A. BRUNO and PASQUALE A. BRUNO (1 R-Mar' / e '� + a1 j' , wF CS Book 3928 Page 289 (Portion of) L-aas / C4 � on cta � W .1a'RCP- -�i fc 11at♦�PU 0 K z41 PAGE 88 ws &C31 V wF ers wF czs 'W wF Csz L= 27' w---w---fir w---w w w w---w w� 1� a �_-�- 1�n- � s._- s_.__s---s- s--s s�. s s-•--s.� waetAo °►° s-_-s--s----s--s---s--s--�v�--s--s-s-s- =� o" _ p �=--n o s-�4-- -- >Ke'xr "A �s P Cep a D�� p-'_ D n oFd �'� sp�--s ii s q+lk ---- °SMH I I 1 SHOEMAKLR LAN E DRAINAGE EASEMENT TO THE #SL-20 I CB TOWN Of AGAWAM AS SHOWN RIM=100.06 CB #1 RiM#3.46 ON PLANBOOK 216 PAGE 81 INV.6"PVC(N)=90.14 RIM=94.99 H SL-21 TBM = TOP SPINDLE HYDRANT # � Proposed " " , I =93.99 INY.6"CPP{N)=89.71 INV.12 RCP==88.4 < INV.6 CPP(N)=91.16 ELEV= 37.1$ /INV.27"RCP(W)j83.88 INV.15"RCP(E)=88.75 INV.27"RCP= 84.44 1NV.6"CPP(E)•-91.16 0 _ " INV.12"RC= 89.9 / INV.30'RCP(S)A3.32 INV.6 CPP(SE)=89.71 1NV.15 RC= 88.38 _ ° f Subdivision O # DMH 3-4 RIM=94.95 ��7j RIM=93.58 UNABLE TO OPEN , -��+' �! INV.15"(E-CB)=87.33 �o�y�L Cia p A PAVED/CLOSED INV12"(NW)=87.75 r n INV.12"(SE)=87.50 d M J CB #2 INV.12"(S-CB)=87.4 � RIM=94.88 "(W)=87 C-'INV12 .16 0 INV.6"CPP(NW)=91.05 tv o INV.6"CPP(SW)=91.30 '- INV.12"RC= 89.9 CR #4 RIM=93.35 INV.6"CPP(SE)=89.27 INV.12"RC= 88.51 v�. 80 0 80 160 240 320 FEET Revisions 40 20 0 40 80 METERS U. AD A, Date: Sheet Number November 21, 2006 Scale: Drawn By: JSM/PRL Checked By; PRL The - ---- Berkshire Design NOTES: Group, Inc. 1. PROPERTY LINE DATA AS TAKEN FROM A PLAN ENTITLED "SUBDIVISION OF PROPERTY AGAWAM MASSACHUSETTS FOR: JOHN 13RUNO ..." DATED 10-2-1986 BY D.L.BEAN, INC. RECORDED IN PLANBOOK Landscape Architecture Cavil Engineering 241 PAGE 88 AND IS NOT THE RESULT OF A SURVEY BY THIS OFFICE. 2. TOPOGRAPHIC DETAIL SURVEY BY THIS OFFICE IN SEPTEMBER/QCTOBER 2006. Planning 3. VERTICAL DATUM 15 ASSUMED. Land Surveying 4. LOCATION OF UTILITIES SHOWN HEREON ARE THE RESULT OF SURFACE EVIDENCE AS LOCATED BY FIELD SURVEY, PLANS OF RECORD, INFORMATION FURNISHED BY THE RESPECTIVE UTILITY COMPANIES, OR OTHER AVAILABLE SOURCES. THIS PLAN DOES NOT NECESSARILY DEPICT THE EXACT LOCATION OF ALL UTILITIES WHICH MAY EXIST AT THIS TIME WITHIN THE PREMISES SURVEYED. LOCATIONS SHOULD BE VERIFIED BY THE RESPECTIVE UTILITY COMPANY BEFORE BEING RELIED UPON. CONTACT DIG-SAFE AT 1-888-344-7233 BEFORE EXCAVATION. NOTE. A GAS MAIN MAY EXIST ALONG THE FRONTAGE OF THESE PREMISES ALONG SHOEMAKER LANE. AC9� �9 4 Allen Place, Northampton, Massachusetts 01060 5. WETLAND FLAGS SHOWN HEREON AS DELINEATED BY VALLEY ENVIRONMENTAL SERVICES AND FIELD 0, �'a (413) 582-7000 • FAX (413) 682-7005 LOCATED BY THIS OFFICE AT TIME OF SURVEY. � Email: bdgCberkshiredesign.com 6. FOR LOCUS TITLE REFERENCE, SEE DEED TO ANGELINA BRUNO AND JOHN A. BRUNO AND PASQUALE A. �'� Email: Web: h bdg@berkshiredesign.com rksherkshiredesign,cam BRUNO RECORDED IN BOOK 3928 PAGE 289 (PORTION OF). THE PREMISES CONSIST OF 221,473 SQ.Ff. , (5.084 ACRES±). THE PREMISES SHOWN ARE SUBJECT TO AND/OR TOGETHER WITH THE BENEMS OF ANY AND ALL EASEMENTS, RIGHTS, CONDITIONS, COVENANTS, AGREEMENTS, RESERVATIONS AND 10 9� RESTRICTIONS OF RECORD, IF ANY ARE IN FORCE AND APPLICABLE. This drawing is not intended nor shall it be used for construction purposes unless the signed professional seal of a registered / \ landscape architect, civil engineer or land surveyor employed by The Berkshire Design Group, Inc, is affixed above. © Copyright The Berkshire Design Group, Inc. This drawing and ail of its contents are the express property of ^ ` .- - .- -.`--- - The Berkshire Design Group, Inc., and shall not be copied or used .� � in any dray Without the Written consent of The Berkshire Design --- Group, Inc. n/f 1 � HUNGRY-HILL PRODUCTS, LLC ) >� Book 14991 Page 129 PLANBOOK 252 PAGE 78 (Lot 9)� 1 1 1 1, A, iAL ' 1 Bug .Lv �7B�r ELMS LANGONE ` as wr ea_ w �wr� Book 10500 Page 228 a Pl nbook 252 Page 78 (Lot 10 s ' _ � ; C" Land In 1 i wF atz AL W eta Dc0 ct off _k pd"VELer, 7 Agawam V � csr POND Plan For I if AP 60,200 r ; wF cee t app. \ i i la Ce2 � �'�-'11`" ( `/ /-� ^j AID y 1 ' rT � L773 / � •afE � r J i �:: it � Carlo Bonnvita , cif ,. . 1 o 1 Agawam, Massachusetts • coslMo coRDI � j Book 9018 Page 289 ei `� be tp % cE� W I wo i Planbook 278 Page 127 � - r r r r '� � +'ff z+s tz �� APPROX. 793,aoo I $ G O r c p I W�u o WF oA � trs `•f i N ,� � J D i � n/f ti o AP 5,4 APPROX. i5aa t Other Land of ANGELINA BRUNO and I f W Dta wF JOHN A. BRUNO and PASQUALE A. BRUNO �� k LJ L-2.09 _ , - / «r Dr �� W cos Wr css Book 3928 Page 289 (Portion of) o \\ _ A" ° �" W cs° i4 `�' _� 241 PAM as WWF 031 � __-- y _ ? wr cnc wF asx r�,3st27' � w w-- IV=}- r w w w as s�DUND s I� ��5 ss--' S s s d!x iz s eb 5_.� -.s p s-r' s=s w S W ty---w �` tus x ar.MwwaD �� s s- _s--s---s s ----s- rg ooflD �5 w� �i�-D D }D---D_ �p p D p�--- �`l��Sp \ A up Ir o \ ! o 0*-. a - - -any oMy s oxr-a+ 9L�a,M. 00-OHN "-a*- War SHOE ff , '' DRAINAGE EASEMENT TO THE SMH#SL--20 LU ° 81 TOWN OF AGAWAM AS SHOWN C8 RIM=100.06 � CB PAGEINV.6"PVC(N)=90.14 #1 .99 TBM = TOP SPINDLE HYDRANT # SL-21 g RIM=93.46 ON PLANBOOK 216 PAGE " INV.27"RCP-- 84.44 INV.6"CPP(E)=91.16 ! 93.99 INV.6"CPP(N)=89.71 Proposed INV.12"CI?(S)=88.73 < 1NV.6 CPP(N)=91.24 ELEV= 97.3 8 /INV,27"RCP(W)�83.Sg INV.15"RCP(E)=88.75 0 iNV.12"RC= 89.9 / 1NV.30', RCP(S)J83.32 INV.6 CPP(SE)=89.71 aMH 1-2 Jf 1NV.15"RC= 88.38 subdivision ° # � DMH #3-4 RIM=94.95 RIM=93.58 /�UNABLE TO OPEN 01.1 .11 INV.15"(E-CB)=87.33 Co!y�cenfA - PAVED/CLOSED INV12"(NW)=87.75 { C INV.12"(SE)=87.50 RIM=94,88 INV.12"(S--CB)=87.4 O INV.6"CPP(NW)=91.05 INV12"(W)=87.16 0 INV.6"CPP(SW)=91.30 lNV.12"RC= 89.9 CB #4 RIM=93.35 Iv INV.6"CPP(SE)=89.27 O� INV.12"RC=• 88.51 =� '01 rn -77 < tit � -0 M 80 0 80 160 240 320 FEET Revisions 40 20 0 40 80 METERS 00) Date: Sheet Number ' . November 21, 2006 Scale: Dra*n By: JSM/PRL Checked By: PRL