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11-016 lot 3 rustlewood ridge zoningCity of Northampton, Massachusetts Office of Planning and Development City Hail • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 FAX (413) 586 -3726 • Community and Economic Development • Conservation • Historic Preservation • Planning Board • Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: KEVIN W. HEAFEY ADDRESS: 172 NO. MAPLE STREET, NORTHAMPTON, MA 01060 OWNER: CYNTHIA WATSON, WEST BOOTH BAY HARBOR, MAINE RE LAND IN NORTHAMPTON AT: LOT #3, RUSTLEWOOD RIDGE ASSESSOR'S MAP and PARCEL NUMBERS: MAP # 11 PARCEL # 16 At a meeting conducted on July 18, 1995, the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of Kevin W. Heafey for a VARIANCE under the provisions of Section 6.2, page 6 -2 in the Northampton Zoning Ordinance and M.G.L Chapter 40A, to build a single- family home with a 20 rear setback at Lot #3, Rustlewood Ridge. Board Members present and voting were: Vice - Chairman M. Sanford Weil, Jr., Alex Ghiselin and William R. Brandt. In GRANTING the Variance, the Zoning Board of Appeals found: 1. The Variance is requested for a specific parcel of land. 2. Circumstances exist relating to the shape and topography of the land and proposed location of the structure on the lot, which do not generally affect the zoning district in which it is located. 3. Literal enforcement of the ordinance will involve a substantial financial hardship to the applicant because the cost of the parcel in addition to the cost of site preparation would be very high because of the configuration of the lot, the steepness of the topography, and the problem of locating a house on the property. Additionally zoning and deed setback restrictions reduce the depth of the building area to 24 therefore, the proposed house could not be built without obtaining a Variance. 4. The requested variance, will not be a substantial detriment to the public good, or nullify or substantially diminish the intent and purpose of the Ordinance since the rear setback violation will not affect any abutter, and since the style and size of the home is consistent with others in the neighborhood. ORIGINAL PRINTED ON RECYCLED PAPER %now •.d Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Variance or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the Hampshire County Registry of Deeds or Land Court, as applicable, and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up a the certified decision of the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Variance has been granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Massachusetts General Law Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to MGL Chapter 40A Section 17, with the Hampshire County Superior Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: Kevin W. Heafey - Lot #3,, Rustlewood Ridge #50 Decision Date: This Decision was Filed with the City Clerk on: M. Sanford Weil, Jr. Williak -le Branded Alex Ghiselin —,a— '%U. `00 ZBA Meeting Minutes - 7/18/95 vice Chair Weil opened the Continuation of a Public Hearing on the request of Kevin Heafey for a Variance under Section 6.2 of the Zoning Ordinance and M.G.L., Chapter 40A to build a single - family home with a 20' rear setback at Lot #3, Rustlewood Ridge. Kevin Heafey, the applicant, Rich Morse, the architect and Brian Heafey, brother of the applicant were all present to discuss the request. Kevin Heafey said he is not a builder, nor a developer, and that he he is someone who grew up in Northampton and is now returning to his roots. He said he would like to build a house and raise his family in this community. Heafey said that at the ZBA meeting on July 5, he felt that the Board had agreed that Criteria #1 and #3 had been met, but had difficulty with the requirements for Criteria #2. Heafey discussed three new issues: He asked the Board how the rear setback was defined and displayed two site plans which show the development. The new site plan shows changes in Lots 4 -5 -6. He said that the owner of the land, Watson, gave up some additional land to cater to the perc sites. Lots 4 -5 and 6 are now released from the conflicting situation with the neighbors. Watson agreed to take the peres off the original design, but it had no bearing on Lot 13. Kevin Heafey said that Lot #3 was not changed at all. Heafey said he wanted to make the west short property line the rear lot line and had presented that scenario to the Building Inspector, Frank Sienkiewicz who had said he had met with Senior Planner, Paulette Kuzdeba, and the Law Department, and could not agree on the rear border. Paulette Kuzdeba said that was not correct and that they had agreed that the small line was not the rear property line. Discussion ensued about the rear lot line and frontage of the lot. Kuzdeba said that line shown on the said since he did decision, he felt the applicant how that if he was in appeal. the decision plan was not not receive he was being the rear lot disagreement that was made was that the small the rear lot line. The applicant my written inormation on the unfairly treated. Kuzdeba told line was determined and told him with the decision, he could Applicant said he wanted to reiterate that there is, and has been, confusion about the lot lines. As a result, the property has been on the market for the last four years. Second point -- the City of Northampton requires 200' minimum depth requirements in the RR district. The applicant presented a 4rW ..d document showing that a depth of 200 be obtained with the existing lot lines. Brian Heafey said that covenants require 40' front and 50' rear setbacks. Previous covenants from Brookwood Estates states that a 50' front setback is required. Brookwood Estates (1960) was going to have 12 lots. There are now 6 lots in the development. The City worked with the Watsons to eventually accept the 6 lot sub - division now known as Rustlewood Ridge. He said the applicant is, asking for a permit on this lot because it is an awkward lot and has been since the existence of the lot. Brian Heafey said that there is no hardship created to any abutter by adjusting the rear setback. There is no where else to build on this lot nor is there any way to enlarge the lot because of the steep slope. The lot will sit with nothing on it if this permit is not granted because of the expenses anyone else will have to invest in the property. Weil said that the problem is really with the developer. Brandt said that the City also has a problem because the land will be undeveloped, and said he thought that the lot was buildable. Paulette Kuzdeba said that just because a lot is laid out in a sub - division does not mean that it is a buildable lot. It only means that it has the frontage and size requirements to build. Brandt said that this is a potentially buildable lot and a potential source of taxes. He suggested that the City is losing by not collecting revenues on the property. He also said that he thought that the Board was making mountains out of molehills on this request. Brian Heafey said it seems like the hardship is being placed on the applicant because he has already invested in plans for building a home on the land. The neighborhood has accepted the fact that there are 6 buildable lots on Rustlewood Ridge and he thinks the permit should be granted. Rich Morse said that building on the property would be financially constraining because of the configuration of the lot. I think penalizing someone for creating the lot should not be put on the applicant. The existing fact is that the lot costs so much money and the variance should be granted on existing conditions. Brian Heafey said that Kevin visited with the Olbris family and they do not seem to have any concern with the plans submitted, nor do any of the other abutters in the neighborhood. Brian Heafey said that the estimated site preparation cost range as high as $20,000 (3 estimates), a figure which is not affordable for most people and would preclude a lot of people from building. I*MW ter Alex Ghiselin expressed concern about the integrity of the Zoning Ordinance. Variances are something which the ZBA rarely grants. He used the example of a recent applicant, John Prystowski, and the fact that the ZBA had denied his Variance request because he could not meet all the criteria. He feels that Mr. Heafey's case is similar since he did not meet all the Variance criteria. He stated that there was no way that the Board could grant the Variance according to the criteria. 12 - literal enforcement of the ordinance must involve substantial hardship, financial or otherwise, to the petitioner or appellant. Kevin Heafey said he is speaking on behalf of himself and his girlfriend who want to build on the land and raise a family. Bill Brandt said that the owner of the property could request a Variance in the future and, if this permit is granted, would have documented evidence that she has a financial hardship on the property and the ZBA would then have to grant a Variance. Brandt said that the purpose of the ZBA is to put the test of reason to each case. He said that he hopes that the Board is fair and reasonable and considers each case as it arises. Brandt said that setting a precedent is a poor reason to deny the permit. He said he is trying to determine this case separately, and hopes that the ZBA never rubber - stamps a Variance decision. M. Sanford Weil, Jr. said the State has set certain mandates for each application for a Variance which must meet certain criteria. We have agreed that the criteria 11 and 13 have been met. Criteria #2 - hardship question is not met. The only hardship involved here for the applicant is, that he "cannot do what he wants to do on the land." Harley Sacks said that the hardship is created by the soil conditions and topography. Sacks asked whether the Board could find something peculiar about the lot? Yes, it is unduly expensive to build on because of the unique soil conditions and topography. He said the lot could be developed but development on this lot will be substantially more expensive because of the soil conditions and topography which cannot be fixed. The increased cost of developing and using the lot is the hardship in this case. Alex Ghiselin said that the same set of facts can be applied to about half the lots in town. He did not think that those facts represent an overwhelming case to grant a Variance. Brian Heafey said there is a 25' building envelope on the lot. Alex Ghiselin said he was not convinced. Ghiselin said that the applicant could design a different style house that will fit on this particular lot. He said that the applicant cannot fit the type and style of the house he has proposed for this particular lot. Harley Sacks said that you also need to have a house blend into the neighborhood. Sacks said he was the original attorney on this sub - division and could say that there was no thought that v o w map this lot was any more difficult that any of the others. The lots were divided without thought that any lot would be unbuildable. Sacks said that the applicant now has a financial hardship to develop the lot in such a way that the house design fits into the neighborhood. Bill Brandt agreed that a home of lesser value would not fit into this particular neighborhood. Brian Heafey said that there were few building lots in Northampton, and that denying the Variance request would be denying the City's best interests as well the applicant's best interests. Brian Heafey said that the lot needs to have a house on it. Weil said that an argument in favor would be that the lot, if left unbuildable, would lose tax revenues for the City. Sacks said that the only home that can now be built on this particular lot is a cheap modular home which would destroy the integrity of the neighborhood. Brandt said that the owner of the land could put up a cheap home by right without a permit. Paulette Kuzdeba suggested that the Board go through the Variance criteria and then make a motion to approve or deny the permit based on the evidence presented. She reminded the Board that a Variance must be granted unanimously. Brian Heafey emphasized the fact that, when this particular sub- division was approved in the mid 1980s, there was no clarity of lines and setbacks as there exist today. Determining where the rear lot line is located has also created a lot of confusion. Bill Brandt moved to close the Public Hearing. Alex Ghiselin seconded the motion which passed unanimously 3:0. --------- - - - - -- _ _ _ Bill Brandt moved to approve the Variance request since he felt that the criteria had been addressed regarding soil conditions, shape, and topography of the land. He found that, because of the uniqueness of the lot, the applicant suffers a financial hardship in building a house which will fit into the neighborhood. He further stated that, since the City had accepted this lot with the intention that a building would be built on this property, there is a financial hardship to the petitioner and to the owner of the land. Brandt said he thought that the Board was not being as broad - minded as they could be in this case and that the entire criteria should be considered as well as the public good and the intent of the ordinance. Brandt said he did not think that the intent of the Ordinance would be met by allowing a smaller size home to be built on this lot in a neighborhood of larger and more expensive homes. The intent of the Rural Residential district is that homes should not be built in close proximity to their abutters. Brandt said that he knows that the Board has struggled with the financial hardship issue in this case, but he thought •w that the applicant had clearly demonstrated that there is a financial hardship. M. Sanford Weil, Jr. said he had given considerable thought to both sides. He said he thought that the City would do much better by allowing the proposed house to be built because of the additional tax revenues which would be gained. He said he has no problem with meeting the criteria and would be prepared to vote in favor of granting the Variance. Alex Ghiselin said he was concerned about previous applicants who had been denied Variance requests by the Zoning Board. Ghiselin said he was not convinced that all the Variance criteria had been met, but felt it was extremely difficult to be the only opposing viewpoint on the Board. He agreed that the first criteria had been met regarding soil conditions, shape and topography of the land, but felt that whoever divided this land created a self - inflicted hardship. However, Ghiselin agreed that the request, if granted, will not be a substantial detriment to the public good, and stated: "I do not feel right about granting this Variance." Bill Brandt moved to approve the Variance request. M. Sanford Weil, Jr. seconded the motion which passed unanimously 3:0. —7— r.r now ZBA Meeting Minutes - 7/5/95 Vice Chair Weil opened the Public Hearing on the request of Kevin W. Heafey for a Variance under Section 6.2 of the Zoning Ordinance and M.G.L., Chapter 40A to build a single- family home with a 20' rear setback at Lot #3, Rustlewood Ridge. Weil read a copy of the legal notice which was published in the Daily Hampshire Gazette, on June 21, 1995 and June 28, 1995 and explained procedures for conducting public hearings. Present and sitting were: M. Sanford Weil, Jr., Alex Ghiselin and William R. Brandt. The applicant Kevin Heafey was present as well as the realtor, Brian Heafey, and the architect and Richard Morris from Sunderland. Heafey distributed paperwork and an additional reduced blueprint showing a 50' rear setback. Heafey said he is preparing to put up a single- family Victorian style home at the end of the cul-de-sac on Rustlewood Ridge. He said he would like to put up a house that is similar in price and construction to the rest of the neighborhood. He reviewed the Compliance with Variance criteria on page 2 of his papers. He said that if he had to go up the easterly portion of the property to build his home, he would have to go up 50 which would make the site prohibitive in terms of building costs. The rear border contains about 50 acres of land owned by the Olbris family. The portion of land to the right of the proposed building site is a square parcel of land which has its access on North Farms Road, approximately 1,000 feet from his proposed building site. The Olbris house is on the north side of the lot which is the opposite side of where the applicant wants to build. That border is now heavily wooded land. Financial hardship criteria -- Heafey said he is the proposed buyer of the property and will not buy the property unless a Variance is granted. In pursuing this plan, he said he has already incurred considerable expenses. The lot has been on the market for over 4 years. He said that the end of the cul -de -sac has become a popular place for loitering, and.a party site for young people, which, he believes, is not in the best interests of the City. Heafey said he plans to build a $300,000 home which will add to the tax base of the City off Northampton. 3. detriment -- Bill Brandt asked if the house were built within the setbacks, what would the house look like? The architect said that the house would look strange since it would have to be very wide and only 22 deep. The driveway is about 100 long and at a 9 — Y_ percent slope. If the driveway had to be relocated, the slope would be too high and would surpass what most zoning ordinances require. If the house site were moved, the driveway would be over 200' long and would not look attractive or be convenient for the homeowner. The architect said that the side setbacks are only 20' wide, and that it is a very unique and difficult lot and hard to fit a house on it which will fit the applicant's needs. Mr. Heaffey, the realtor, said that the lot is priced at $79,000 and that site preparation would cost an additional $20,000 +. Heafey said that everyone who had looked at the lot, had rejected it because of the difficulties of positioning the house on the lot. He said that if a buyer plans to spend that much money on the lot, they will want to put up a substantial sized and priced home. Brandt said that the reason for zoning setbacks is so that new buildings will not infringe on abutters. Tom Larkin, 39 Country Way, asked questions about the sub- division of the land. He asked whether the revisions that took effect in 1994, had any impact on Lot 13. He was told that there had been no change on Lot 13. Alex Ghiselin said he believed that the financial hardship was upon the person selling the land, and not on the purchaser. Ghiselin said he thinks the hardship is self - imposed becau sc of the way the sub - division was laid out. Mr. Heafey, the realtor said the lot will probably sit vacant if the applicant does not purchase it. Ghiselin said there is no disagreement that a home can be built on the lot, just not the design of the home as proposed by the applicant. Weil said that in laying out these lots, the developer had created a self - inflicted hardship, and thus he did not think the applicant could meet the qualifications for a variance. Brandt said that developing the site would cost $20,000 - 25,000, and that the site may not get developed if the applicant does not purchase it. Brandt said that to deny the request to build t}ie home is probably not in the best interests of the City. Ghiselin said that for whatever reason, the developer laid out the lots in such a way that the Lot 13 is not easily buildable. He said he might be more sympathetic if the area above the garage were not living space. The architect said that the space above the garage will need in order to obtain the amount of living space that the applicant desires. Mr. Larkin asked how the side and front of the site are determined and how the building is situated. Weil said that Rustlewood Ridge is the frontage. The applicant requested that the public hearing be continued. , ..i Alex Ghiselin moved to continue the Public Hearing to July 18, 1995 at 5:00 P.M. in the Hearing Room, City Hall, Room 18, 212 Main Street, Northampton. Bill Brandt seconded the motion which passed unanimously 3:0. Do -16 - i LOT #3 RUSTLEWOOD RIDGE ( #50) } Map #11 Parcel #6 Kevin Heae , rospective buyer Richard Morse, Architect / 197 North Ma le Street 12 South Main Street, Florence MA 01060 Sunderland MA 01375 f �♦ / 7� REAR LOT LINE: The lot line most nearly opposite �. from the front lot line. SIDE LOT LINES: An lot line not a front or rear - — lot line. L Line parallel to average front lot line. -� • "' �... _ Zo 2. Line opposite of and closest to parallel to the average front lot line. 3. Extent of frontage projected from the actual _ (/ frontage and perpendicular to the average front lot line. 4. Centerline of projected frontage extents. 5. Centerline between midpoints of� - straight and arc frontage. - - • -- • - - -- S� 6. Line tangent to the actual frontage and perpendicular to average y. • - ' - ' frontage line. - - - - - •' - - . _ 7. The average front lot line is the line which passes through the midpoints of straight and - arc frontage. - - - - - - —�� —_ _ 310 REST Dt�1G� 714_--WOp cirE ST' 20-.. . •gyp• • - �i , 1 l r% �, - - .. •;: :�' \ ... - � 450 REST Dt�1G� Saw t E4 (DI c 01! •.\ \.:s "• \ \ \ � .'__ :...�--.. ,ice• "99 c 0 3 a lur Ht5 ok ftz-:Y f!, 1�st pr - _14cI= LoT103 F-USTLGWCmp P-106rE, Nartn4Ai4r - roI4, 0.4 5Nr1o�A�G�HA 7g( (di�i - 1221 • ..- Mo sl PL-A tj osp u' ,w' - - - EX- IS'CIt4Ct 4evoLt4iO4- L,4T - - -.. _ - -- -- _�'DD kia�rs Na7V�,' . GI to (7IAtJi h55o �i s u Y Rh�E� Sej�T�IF+�R- � b7 2 • ��i�°as` � aA�ce � 4• vw v� s+loWr4 ks sr�p�.co 5,"GT►oN - 1 -iR'U R Level. 4 f ZET' N P iF� �o ZA WMA.7 WILL Pw wxw4 m" O x ��ezu V MF r- Vfr- `ems Le riNb P + ro e AG�crc� 4 SIDE ok1 ZhST VQP OP PA Ld woad � rrnY SZ V- arzrve 5 i oweae iwlnr , w� n, N� R�IVf � ( e- 6C�i �l tt7YZ TO ftkLC� /.cal `h Garrr None RFSrocNc� 0 CITY OF NORTHAMPTON' VARIANCE APPLICATION ,SUN I 1995 1. Applicant's Name: ,y Address: ,� 7 4i /-/o A- .rte- j � h /o.v 2. Property O��vner's Name: Address: ,�/ ro J f />' Telephone: �o� • .rr,�� - � a8y rw� Telephone: 3. Status of Applicant: Owner _ / Contract Purchaser ;_�ssee Other (explain: ) - - -- - 4. Parcel Identification Zoning Map # ZZ_ Parcel # /G Zon:rg District(s) Street Address Lo7` 5. Variance is requested under Zoning Ordinance Section . A , Page C _� 6. Narrative Description of Proposed Work /Proiect: (use additional sheets if necessary) .5c-�- .9�Ysci'i►t�.v� - '� � 7. State How Work /Proposal Complies with Variance Criteria,: (See Applicant's Guide and use additional sheets if necessary) 8. Attached Plans: / Sketch Plan 9 . Certified Abutters List from Assess: Si`e Plan Ncne Required 10. Certification. I hereby certify that I have re nd the VARIANCE CRITERIA, and that the information contained herein is true and .,ccur.-Ke to the best of my knowledge. Date: /r- /9s Applicant's Sign OFFICE USE ONLY: Date Filed: !zba/variance.zba 8/24/92) File #: I JUN 13 1995 L1 I Date Filed ZONING PERMIT APPLICATION e' Ho.. 1 • Name of Applica t: Address: / 17 phone ,�cA /e7/ 2. Owner of ' Prope ty; - Address .,( Telephone: 3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain 4. 5. Cis K Parcel Zoning Identification: District s ( ) ( Zoning Map Sheets Street Address ove5lays) Lot size Frontage. Floor Area Ratio °open Space (Lot area minus building and parking) Parking Spaces Loading Signs Use of Structure /Property Existinq (if project is only interior work, Building height oBldg.Coverage (Footprint) setbacks - front - side L: R: rear Fill (volume & location) I skip ' to I I I i i i I i i Proposed r6} L. R. Narrative. Description of Proposed Work /Project: if necessary) ,, � RegUired by Zonincq . I C 1 (Use additional sheets 7. Attached Plans: Sketch Plan s_; to , I lan 8. Certification: I hereby certify that the inf is true and accurate to the best of my kno ;11 7: L contained herein Date. Applicant's Signature: TH28 SECTION FOR OFFICIAL USE _- ____APproved as presented /based on information , Denied as presented -- Reason: special and /or Site Plan Required: - - ^oL g Req i 7ed _Variance Requ i r<�d 4gnal-ur din ctor NOTE tssuanca of a zoning permit does not rcfiavc an appfi from tho Board of Haalth, consorvaiion commission, Do rd burden, tc cc.:: r•r parlmortt of Public Works and othor applicabioyporma 0 antng WhonrfUoarequirod porrr�Rs' PURCHA E � SAL, = � I � 1 JUN 1 1995 1 AGREEMENT made on or as of this day of April, , bc.t,,ween., CYNTHIA WATSON, of West Booth Bay Harbor, Maine,ehet'oanafter _..: called "SELLER ", and KEVIN HEAFEY and BARBARA BUIVIDAS, both of Florence, Massachusetts, hereinafter called "BUYER ". 1. PREMISES The SELLER hereby agrees to sell and the BUYER agref;s to purchase the following premises: Lot #31Rustlewood Ridge, Florence, Hampshire County, Massachusetts 01060. 2. TIT AND DEED Said premises are to be conveyed by a hood and sufficient WARRANTY DEED of the SELLER, conveying a good and clear record and marketable title to the same, free from all encumbrances, except: a. Provisions of local zoning laws, if any. b. Such taxes for the current year as are not due and payable on the date of the delivery of such - deed, and any liens for municipal betterments assessed after the date of this agreement. C. Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of said premises. 3. PUI RASE PRICEAND PAYMENT SCHEDULE The agreed purchase price for said premises is SEVENTY -FIVE THOUSAND AND 001100 DOT L.ARS ($75,000.00) payable as follows: a. Deposit paid prior to the execution of this Agreement: $ 3,750.00 b. Bank certified or attorney's client's funds check at the time of the delivery of the deed: $ 71,250.00 TOTAL PURCHASE Ppz" $75,000.00 H It I =.P1_ T'= i 7Eti� .r. 1995 4. DEPOS17C JUN 1 5 9 a All deposits shall be held in escrow, without interest, by tHUT.CHINS y R.I✓ALTY. 5. MF AN PLAC'E�OR PERFO RMANCE The deed is to be delivered and the consideration paid at the law offices of LARKIN & SAMOLEWICZ, 8 Bridge Street, ?Northampton, Massachusetts on May 30, 1995 at 11:00 a.m. unless some other place and time should be mutually agreed upon. b. POSSFS5ION AND C'QNDITION OF PREMISES. Full possession of the premises free of all tenants is to be delivered to the BUYER at the time of the delivery of the deed, the said premises to be in the same condition; in which they now are, reasonable use and wear of the buildings thereon,: if any, excepted. 7. ABILITY T CONVEY If after good faith efforts the SELLER shall be unable to give title or to make conveyance. as above stipulated, any payments made under this agreement shall be refunded, and all other obligations of either party hereunto shall cease. S. A 4fLEPTAN C E OF The acceptance of a deed by the BUYER shall be deemed to be a full performance and discharge of this agreement and the obligations herein contained, except such as are, by the terms hereof, to be performed after the delivery of said deed. 9. USE OF MQB,Y TO SEAR TITLE, To enable the SELLER to make conveyance as herein provided, the SELLER may, if the SELLER so desires, at th.. �.irae of the delivery of the deed, use the purchase money or any por i _ . t 4 cif to clear the title of any or all encumbrances or interests; all instru►:i -arts so procured to be provided within a reasonable period of time aft.— delivery of the deed. 10. A DJU STMENT Real estate taxes, water and sewer charges, fuel, and rubbish removal shall be apportioned as of the day of delivery of the deed. If the amount of said real estate taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding year with a reapportionment as soon as the new tax rate and valuation can 1),,-- ascertained, which later provision shall survive the delivery of the deed. The SELLER agrees to pay a real estate commission of six (b%) of the sale price to HUTCEINS REALTY provided said sale is consummated. 12. MORTGA E CQ This agreement is expressly contingent upon the BUYER being able to secure a mortgage loan •upon such rates and terms as applied for in a principal amount not to exceed the sum of $52,500.00 by May 15, 1995. The BUYER agrees to apply for said mortgage loan forthwith and to make every effort to obtain said mortgage loan commitment by May 15, 1995. In the event that the BUYER is unable to obtain a commitment for a mortgage, as outlined above, on or before May 15, 1995, and so' notifies the Attorney for the SELLER of that fact in writing on or before May 15, 1995 then all sums paid hereunder shall be refunded and the obligations of the parties created by this agreement shall cease. 13. DEFAII If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the BUYER shall be forfeited by the BUYER and retained by the SELLER as liquidated damages. In the event of a dispute between SELLER, 13UYER, and/or Broker as to any or all of the provisions of this agreement or the performance thereof, the Broker shall retain all deposits hereunder in his escrow account, unless some other agreement is reached in writing between the parties, until the dispute is resolved either by court judgment or by binding settlement between the parties. I, JUN 1 .i 1995 LA , . APR 09 "� `5 E_cPM H2 "INS_REALTY NORTHAMPTON MIA °ool P. 5/7 JUN 1 5 1995 r 14. ?'_R ° VATE WATER T I_t, f.vent that a private water source is serving these premises, the S> _ represents that the water source is providing adequate amounts of potable water for normal intended use as of the date hereof. SELLER shall she w th � water source location and describe its nature. 1? tJ 1MUPTIC /PE RCOLATI N Th S. Agreement is subject to the SELLER, at her sole cost and expense, furnishing to the BUYER, not less than fourteen (14) days after the signing of tlds purchase and sale agreement, with satisfactory results of a percolation test which will enable the BUYER to obtain a Sewage Disposal Works Permit from the Northampton Board of health for the construction of a single family home containing two and one -half baths and four bedrooms. SELLER warrants and represents that there are no underground storage tanks on the premises. SELLER further represents that during her ownership of the premises, neither she nor her agents have disposed of hazardous waste on the premises or taken any action which would cause a lien to arise under the Massachusetts Superfund Act (M.G.L. c. 21E). However, the SELLER is unaware of and hereby disclaims responsiblity for the actions of any prior owner or owners in the chain of title or any other party wrongfully responsible for such disposal during or prior to the SELLER'S tenure of title. 17. B!II 11� NG L I The SELLER represents and warrants, which rel i c F c- i.. .ations and warranties shall survive the delivery of the deed, that: a. The premises qualify as a `Building Lot" '1 ^dier the provisions of the Zoning By -Law and Sub - Division Control -` City of Northampton, and that all required permits, apps , ii; and releases have been obtained by the SELLER; and t b. The SELLER has complied with all re: 1 ; . , Qnts of the Planning e, �G 4 o� 1;,7 p j JUN 1 .j 1995 the City og Board and C �,?::�� -.' - ration Commission of y - - -- As such, S: LER warrants and represents that the lot is suitable for r iauve w _ _I-'- — . "I;m Pr s Wits. _ 1$. �� I , 1 yEA1MLMA T=B NANCE C: V The BUYL obiigatiOns hereunder are contingent upon his legal counsel reviewing 2nv and all documentation regarding the Rustlewood Ridge Association, including fee requirements and other responsibilities, and all applicable Restrictive Covenants and Maintenance Covenants affecting the premises, and being satisfied with the form and content of the same. 19. TITLE INSURANCE SELLER a reel at the closin to execute a statement prepared by the BUYER'S attorney under oath to any title insurance company issuing a policy to BUYER and/or BUYER'S mortgagee and/or the BUYER individually to the effect that (1) there are no tenants, lessors or parties in possession of the premises, (2) SELLER has no knowledge of any work having been done to the prenses which would entitle anyone now or hereafter to claim a mechanic's or materialmen's lien on the premises, (3) that SELLER is not a foreign person subject to the withholding provisions of the Inte7al Revenue Service Code of 1986 as amended, (4) There is no litigation pending against the SELLER which would materially affect the title to the property. SELLER hereby makes such representations to the BUYER as of the closing and this paragraph shall survive the closing. 20. CONSTRUCTION OF AQRFEMENT The contracting parties agree that this contract contains all the terms and conditions of this sale. It is mutually agreed that any oral represenatation made by either party prior to the signing of this agreement is null and void. 21. CONTINGENCIF. a. This Agreement is contingent upon the purchase of the above described property by the SELLER on or before Mayes 1995.�Wm& b. SELLER agrees to ext (:rite in writing at the time of this closing a 5 fir. t right of first refus:3 to purchase Lot .#2 to BUYER. c. This Ac : f :r.t::ls is contingent upon SELLER'S written approval of BUYER'S con; tract:( plan, pursuant to a Declaration of Restrictive Covenants, which «ippr.:)val shall not be unreasonably withheld and once granted is irrevocable as to minor modifications required in the execution of the building plan. d. SELL l:_<_ to execute in writing, as required under a Declaration of Mz.intenance Covenants, permission for BUYER to landscape said lot, and specifically to clear a significant portion of the trees and brush on the upper easterly side of the lot for the purposes of developing a yard, as well as the right to sparsely clear trees and brush on the lower westerly side of the lot. NOTICE: THIS IS A LEGAL DOCUMENT THAT CREATES CERTAIN BINDING OBLIGATIONS. IF YOU DO NOT UNDERSTAND IT, CONSULT AN ATTORNEY BEFORE SIGNING. IN WITNESS WHEREOF, the said parties hereto set their hands and seals to this and to another instrument of like tenor on the_ day and year first above written. SELLER C N7I4IA J. WATSON SS# o_12 'S& SS# Jl1N 1, 1995 1 R • VI; HEAF 'y SS# BARBARA BUI IDAS SS# LARMN & SAMOLEWICZ %r (4 i. ; ,c E -5622 122/95 011.18AM D212 ADDENDUM T; 11 '!\'CHASEAND SALE AGREEMENT The Seller, CYNTHIA a J. '•.1 : , �:rnd the Buyers, KEVIN HEAFEY and BARBARA BUIVIDAS, hc i - \ rv(� to add the following contingencies to the Purchase and Sale Agreeinel.t - ()r Lot #3 Rustlewood Ridge, Florence, Massachusetts: 21. CONTINGENCIES e. Seller agrees to lac to Buyer a septic design by a duly qualified engineer for a s' -';)tic system to be located on Lot #3. Said septic system to be in coiiipliance with all local, state and federal laws and regulations, InclLiding Title V. Cost of the septic system design shall be paid by Buyer Lit closing and is not to exceed $500.00. f. This agreement is contingent upon Buyer obtaining a variance from the City of Northampton for a zoning designation from RR to SR. IN WITNESS WHEREOF, the said parties hereto set their hands and seals to this instrument on this day of May, 1995. SELLER --- - - - - -- - -------------------------- CYNTHIA J. WATSON BUYER { l ------ - - -- - / KEVIN HEAFEY BARBARA BUIVIDA nn +' JUN 1 5 1995 ``!r N 15 , f Iz- Y F 1 �SI pr--N c E LaT#3 P-uSSEU RiuGie , WoKTOArff rz,.4 , Nih I`"'f+� W F-f E • Af.0 +i TEC 4u r1OEF-MPIt4A TEL.(�t, 5. 1 sI T E� P LA SC.a,E: r — AI D, ��I V7 - 4 • 10 i a JUN 1 1995 Y , 1../ '*ft.r BOARD OF ASSESSO ' ASSESSORS Joan C. Sarafin, M.A.A., Chairwoman RQbert C. Suscher, Secretary 3 m a Telephone Edwin M. Padeck 9 586 -6950 Ext. 200 WALLACE J. PUCHALSKI MUNICIPAL BUILDING 212 Main Street - . Northampton, MA 01060 r 1L,� JUNE THE NORTHAMPTON BOA OF ASSESSORS FROM: A v/;/ Lc/ le /y« y (Individual or Company Name) ' PHONE aO-� - .S"Y ,�, - G •Z f y DATE: V/ FY - 99.r I /i,'E REQUEST FROM THE BOARD OF ASSESSORS, ABUTTERS LISTS FOR THE PROPERTY LOCATED AT THE MAP AND LOT NUMBER(S) OF THE ABOVE PROPERTY ARE THE NAME OF THE BOARD(S) REQUESTING THIS LIST IS^ � e-/ 2. - 3. THE LIST IS REQUIRED FOR THE FOLLOWING PURPOSE: TH n NUMBER OF COPIES OF THE LIST REQUIRED IS I T N DERSTAND THAT THE BOARD HAS UP TO SEVE.; (7) WORI`;G D:.YS IN WHICH TO CO�LPLETE THE LIST: REQUESTED, AND WILL c.A %E AN ADDITION! SE'rEi; (7) WORK- i';G DAYS FOR EACH SUBSEQUENT REQUEST. I F RTHER UNDERSTAND THAT I AM RESPONSI: ',_ FOR ANY E„ar. D " '�c CO;7 - �NED HEREIN. Signature o1A - cLaKJ� r PP =�- D;.T_E LIST WAS COMPLETED *IF YOU ARE UNSURE OF THE BOARDS REQUIRING THE ABUTTERS LISTS OR THE NUMBER - OF LISTS REQUIRED PLEASE CONTACT THE AF_EC)PRIATE DEPARTMENT. APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED PLANNING BOARD NORTHAMPTON, MASSACHUSETTS MARBLE BOUND 0 U.S. #25 i NORTHAMPTON COORDINATE SYSTEM N= 497000.0769 FRANK C. OL IS, IN TRUST - BOOK 2675, PAGE 11 E =282820.8209 v �z O Ml Z 0 N 89 974.62' X. ,—Xoe ,per 0 Al pv� C; -•x �c. C-7 c? N ' 85271 1 " E D k, w, .x' S ! '` 935 rrl / • . • d` �3 : � � �;; ,, �'x 171.86, c/s �E h am, . I r3 f ` S 1 °(i T BOOK 23011, PAGE 287 ��' . N OT28'44" w J .i � -x. 8 8 2. ��, � f '� BOOK 47017, PAGE 133 G BOO 92 i '� • x - .57.06 (TOT PLAN 800K 171, PAGE 3 — LOT 3 ,��` L 0 T 3 / to E 16"t 707,772 + /- SQ, F \� �.x- _ _.. X4. ' 0 " 16,2482 + /- ACRES CO r5 27 �� N 851G1 E 1: ,,�� f O fi CRTIY THAT THE NvTiCE QF APPROVAL 0 ....,� _ THIS PLAN BY THE PLANNING BOARD HA BEAN 434.15 � A. k r -: . RECEIVED Z _ _k X - { _ �� M - - - - AND RECORDED AT THIS OFFICE AN p � � � �� o * THAT NO NOTICE OF APPEAL WAS RECEIVED k� h C� '34 x f o� •• DURING THE TWENTY DAYS NEXT AFTER SUCH f� 9 64`' C RO f -- �► � �.9 � � RECEIPT AND RECORDING 0. SAID NOTICE. ?8�0 3sj09 $i �6' T "� �` '�' • x, ��` � . ' ?1 93 s tO = Z N 88'58'32" E 523.80' - i S� �/ 6'4• ' WN CLEhK: o _ . � U) �0 j __x � �O • MARBLE BoUI o - - - _ ' \ ,q , '" . es , U.S. #22 cr u 3qt IQ 0 _ O o to / M. 0 w � OR 0% I I � I 262 5 J 4 Z - Z 13) 0 �o G c0 t T CD Z �! 0 �0 v a j G C l y of ,,� T HAROLD L. EAR ON AND ASSOCIATES, INC. �0, -. s RANe&L REGISTERED PROFESSIONAL LAND SURVEYORS 235 RUSSELL STREET — HADLEY — MASSACHUSETTS J Z IZER y DATE: 035032 LOTS 1 2,3,5 & 6 ARE FLAG LOTS: BUILDING S PERMITTED suRV� ONLY IN ACCORDANCE WITH THE SPECIAL FLAB LOT PROVISIONS < � OF THE NORTHAMPTON ZONING ORDINANCE. ALL FLAG LOT ACCESS STRIPS ARE A MINIMUM OF MARBLE BOUND _-- S 81.37'3 w - 50.00' WIDE AT ANY GIVEN POINT, U.S. #24 — 2 88 . 00' FC)R REFERENCE Tr Lo^Vc FOUND LAYING n IT'S s 'DE P� NORTHAMPTON COORDINATE SYSTEM N= 497000.0769 FRANK C. OL IS, IN TRUST - BOOK 2675, PAGE 11 E =282820.8209 v �z O Ml Z 0 N 89 974.62' X. ,—Xoe ,per 0 Al pv� C; -•x �c. C-7 c? N ' 85271 1 " E D k, w, .x' S ! '` 935 rrl / • . • d` �3 : � � �;; ,, �'x 171.86, c/s �E h am, . I r3 f ` S 1 °(i T BOOK 23011, PAGE 287 ��' . N OT28'44" w J .i � -x. 8 8 2. ��, � f '� BOOK 47017, PAGE 133 G BOO 92 i '� • x - .57.06 (TOT PLAN 800K 171, PAGE 3 — LOT 3 ,��` L 0 T 3 / to E 16"t 707,772 + /- SQ, F \� �.x- _ _.. X4. ' 0 " 16,2482 + /- ACRES CO r5 27 �� N 851G1 E 1: ,,�� f O fi CRTIY THAT THE NvTiCE QF APPROVAL 0 ....,� _ THIS PLAN BY THE PLANNING BOARD HA BEAN 434.15 � A. k r -: . RECEIVED Z _ _k X - { _ �� M - - - - AND RECORDED AT THIS OFFICE AN p � � � �� o * THAT NO NOTICE OF APPEAL WAS RECEIVED k� h C� '34 x f o� •• DURING THE TWENTY DAYS NEXT AFTER SUCH f� 9 64`' C RO f -- �► � �.9 � � RECEIPT AND RECORDING 0. SAID NOTICE. ?8�0 3sj09 $i �6' T "� �` '�' • x, ��` � . ' ?1 93 s tO = Z N 88'58'32" E 523.80' - i S� �/ 6'4• ' WN CLEhK: o _ . � U) �0 j __x � �O • MARBLE BoUI o - - - _ ' \ ,q , '" . es , U.S. #22 cr u 3qt IQ 0 _ O o to / M. 0 w � OR 0% I I � I 262 5 J 4 Z - Z 13) 0 �o p c0 t T CD Z �! 0 �0 cq J *OD J t q �M to �: C l y of ,,� T HAROLD L. EAR ON AND ASSOCIATES, INC. �0, -. s RANe&L REGISTERED PROFESSIONAL LAND SURVEYORS 235 RUSSELL STREET — HADLEY — MASSACHUSETTS J _E = IZER y 3(� W �5� � �� N. LOT 2 r� 326,700 + /- SQ, FT, �,'`` 7,5000 + /- ACRES 6b 0 0� e N ; 3 �• \ r'�� 59.46' 0 -� •�, ? 223. co / _'• \ / 6l E% _ 713'05" W n L =50.92' loll 08!00'3!T W Z / 169.47' 30 C 6.56' j I 62 5• , S 8713' 05" W ;, �► 82! 13 u5 , c � , E .��:� � 200.00 42 J N 8 713 t � Ls 37. o / AL, 0 ,.,. a N oRNE LOCUS MAP — NOT TO SCALE NPR 181997 l, 1 34' JrA s : LEGEND 4 FOUND IRON PIN • IRON PIN TO BE SET o FOUND CONCRETE BOUND ■ FOUND STONE BOUND n UNMARKED POINT PERC TEST e - z N 2T 6 W 155. 39 3 o 0 • h o o LOT 1 / 4. N 83.35' - S 7 .., 8 coo LA o MARBLE BOUN Z 429,85 + / .SQ. FT, \ , W ��8 06" E b, � o� o•s• X21 9,8674 + /- ACRES `� �� ;� s Ot33'1�' LOT 7 - _ _ _- �� . 30.04. = FT • �� f . o �, $ �,� CES rs. � - + _ A _ _ 3 X• . 80 - _ O K .55 F N � O g g` 4 =,. : .. �,.: . 9 '03 , , 1 304.25' to �� ' T D SO g ? 8 8' -� 56 3 ,o " 6�• ?0. 03y fy -'`' S =18.58' +� ?3 4 9. 0 � = 60.00' FIr� C o t `: • 6 L=50 00 v t 6' w k =60.00' ' -9 4. �• 49'03, 3 0 5 73 pAR PAGE 22 ` . 6•��q�� .� w C' i. 6 �0 6 ' BOOK 17 ;I:: `�,�.`� sr PLAN OF LAND iN • N It N 0 RTHAM PTO N MA SSACHUSi- I iS I REPORT THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE i 1976 RULES AND REGULATIONS OF THE REGISTERS F DEEDt OF THE COMMONWEALTH OF MASSACHUSETTS. I C RANDALL E. IZER X35 i n 0 po s, W � a cc 00 03 9 • C CP 88.29 262.5 a+, �X o S 89 E \ J C-7 <v 124 5 r o 1 8p. 4, s` N 85 22'00" W 441 N 75'54'09" W " o / / �• .91 48.78 it �, 2k ,2� IV 262 S 5746'02" W 5 871 L =52.20' N� QS RCEL 6 -eAGE 22 SHEET 1 of 2 s cc CL WOK 177 P REVISED 2/27 /97 P 8 _ REVISED 4/10/97 v�`'•, t. = REVISED 4/15197 0/& N Scanned Digitised Checked J Z , r1, 13'0 2 • S� 87 • f,o Cp' � ° z S • TONAL A`�0 G w �'' 48.79 S�� VI RAL SCHOO �O�e� • l ea '•� , W 3 „ ,Y -` AG 0 80X 313 -8 5 4 ��F 0 1 s Q r �'� �' as -i S 87 ! 3 - �.. pR08A o C 236 BOOK 549 , PAO ., oiQ f o .� cr � OYN TH1A WATSON PAGE 235 & EE R 4 c ` ` _ _ - LOT 3 x BO 20K63352, PAG 211 , PREPARED FOR K EVI N W. H EAFEY ET ALS PARCE 7 7, PAGE 22 SCALE 1" =1 JANUARY 14 1997 1 -e 600K of ,,� T HAROLD L. EAR ON AND ASSOCIATES, INC. " RANe&L REGISTERED PROFESSIONAL LAND SURVEYORS 235 RUSSELL STREET — HADLEY — MASSACHUSETTS _E = IZER y 0' 100' 200' 300' 035032 ' suRV� not C� QS RCEL 6 -eAGE 22 SHEET 1 of 2 s cc CL WOK 177 P REVISED 2/27 /97 P 8 _ REVISED 4/10/97 v�`'•, t. = REVISED 4/15197 0/& N Scanned Digitised Checked J Z , r1, 13'0 2 • S� 87 • f,o Cp' � ° z S • TONAL A`�0 G w �'' 48.79 S�� VI RAL SCHOO �O�e� • l ea '•� , W 3 „ ,Y -` AG 0 80X 313 -8 5 4 ��F 0 1 s Q r �'� �' as -i S 87 ! 3 - �.. pR08A o C 236 BOOK 549 , PAO ., oiQ f o .� cr � OYN TH1A WATSON PAGE 235 & EE R 4 c ` ` _ _ - LOT 3 x BO 20K63352, PAG 211 , f 1 - ry � • � :3 �t r � C t O - O 0 GARY M. WArNtH All DAVID E IO A. WARNER Boot; 22?8, PAGE 226 • Q 843 79 , 9 44 w R.t m _. M FA NK - - -- - - -- ---" — - C 0 EeRIS IN �_ 80 W in O ( GE ru -n - �f '� I ' I \ ,. it ''••. Ail 0 C) ' / � y �� y � •- .� •' y 141 , / '' i •,..•..• / / / �P • ►11,1 M! ••'••i •s'•,,•:'' / •. 0 7 . � % - r — 1 � / n �''�1 1 / A t / r �� / / / � tea. 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' / / + • / /; / /' /,c ,_ " _ - I / � � 1 1 � } 1 I 1 / 1 i l � 1 i i � I J i � � • ^ - .. �`'f%`,� p �� •, .` � / • l 1 _ , h 240 . � 1 ♦ 1 / / Ill 1. i l l / 1 � � /. �t / � l —� - -- _ — ----- __ _ 0 ,Q / f PLAN, BooK 1 ?i \ �~ s � ,: / / NX 4 PAGE 3 _ LO 3 C YNTH IA / 1 ook Sow — : • t. - Aa o Waft %; + -- `. ° BOOK - a3c^ -tS 235 s cab / / PERC WETLANu EDGE •• ° ° °••••••••• WETLAND BUFFER flPi a' ir Focus �f . f Q T4- ( All ce LEGEND3- y- FOUND IRON PIN l . £ IRON PIN TO BE SET ❑ FOUND CONCRETE BOUND ❑ • : &I FOUND STONE BOUT %" _ UNF►ARKED POINT PERC WETLANu EDGE •• ° ° °••••••••• WETLAND BUFFER flPi a' ir Focus �f . f MAP NOT TO SCALE .,. i r , P ACE 211 � s 3og / - 0 GENERAL SITE PLAN ! I FOR LAND ON r �� • �� SM RDSTLEWOOD RIDGE NORTH FARMS ROAD } V. • \ 1 I TH y TrO AGA ICUL TUq NA` AN N C MA ; > �4� p ROBA T ' SCy00 FOR — t `. PARE SEE• E BOX 393_8 .. '— ^ I W PLAN 8 EL 4--g BoOk 5q9 PAGE GRAPHIC SCALE i =80 K L V I I EA i ET ALS :- OOK 177. PAGE �2 54 — - - - - PREPARED BY: 0 80 160 2 AA H . C]AUCHY, EN V TRONMENTAL CONS! il_TANT • ' 1_. 24 OLD LONG PLAIN R0, AWHERST, MA 01002 '! • 2 Scanned DATE: 2/24/97, REV 417197, 4/17/517 jv t t . / Yy. Checked �? ' '-�- J'i= :w,� "X� - � ,!i -_ -__ - - t j . �^ -- �` _ _ _c._s\ +v -_ ?y' . 3 _ .-, - . .• . .. �••. 5 .� ..a - I r Q T4- ( All ce It IF jw t' - y J MAP NOT TO SCALE .,. i r , P ACE 211 � s 3og / - 0 GENERAL SITE PLAN ! I FOR LAND ON r �� • �� SM RDSTLEWOOD RIDGE NORTH FARMS ROAD } V. • \ 1 I TH y TrO AGA ICUL TUq NA` AN N C MA ; > �4� p ROBA T ' SCy00 FOR — t `. PARE SEE• E BOX 393_8 .. '— ^ I W PLAN 8 EL 4--g BoOk 5q9 PAGE GRAPHIC SCALE i =80 K L V I I EA i ET ALS :- OOK 177. PAGE �2 54 — - - - - PREPARED BY: 0 80 160 2 AA H . C]AUCHY, EN V TRONMENTAL CONS! il_TANT • ' 1_. 24 OLD LONG PLAIN R0, AWHERST, MA 01002 '! • 2 Scanned DATE: 2/24/97, REV 417197, 4/17/517 jv t t . / Yy. Checked �? ' '-�- J'i= :w,� "X� - � ,!i -_ -__ - - t j . �^ -- �` _ _ _c._s\ +v -_ ?y' . 3 _ .-, - . .• . .. �••. 5 .� ..a - I r i APPROVAL UNDER THE SUBMISIOK CONTROL LAW NOT REQUIRED PLArINING BOARD NOR HAMPTON, MASSACHUSETTS ft DATE: V, ENDORc-EMENT FOR REVISED LOTS _. 4, 5, & 9 ONLY. REt•ISED LOTS 3 AND 5 ARE PF: 'AOUSLY APPROVED FLAG LOTS. FOR F;EFERENC Q LOCKS SEE: 800K 5222, PAGE 75 80' 0' % 5222, PAGE 80 BOOK 5222- PAGF 82 800' 5222. P AL L 90 BOOK 5222, PAGE 115 PLAN BOOK 171, PAGE 3 - LOT 3 PLAN BOOK 182, PAGES 163 At 164 LOCUS MAP — NOT TO SCALE LEGEND O FOUND IRON PIN • IRON PIN TO BE SET o FOUND COWRETE BOUND ■ FOUND ''STONE BOUND a UNMARKED POINT ♦ PERC TEST VMBU BOUND A U.S. /25 3 4� z MARBLE BOUND U S. /24 a t _ 37 . 3 � w S z8S.0 ,,�i�' ,1 ON ii S S DE Q d' h N ti 03 qfp 40 IF3 )94 3-6 Doc: NO-1 PUMA35 '.!?I ANA 10: % NOR. - AJPTpN COORDINATE SYSTEM N- 497000 0169 FRANK C. 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