23A-079 (8) , 'age Salk, D.D.S., P.C.
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FLORENCE, MA 01060
TEL' 9 FAX (413) 584-0320
life 6573
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DEPT OF BUI_LDNG INSPECTIONS sl i l,R i
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THE COMMONWEALTH OF MASSACHUSETTS
Northampton
City or Town
BOARD OF APPEALS
Date: May 8 , 19 81
Certificate of Granting of Variance or Special Permit
(General Laws Chapter 40A, Section 11)
The Board of appeals of the City or Town of Northampton
hereby certifies that a 34zoisnueor Special Permit has been granted
To Dr. George Falk
Address 41 Main Street
City or Town Northampton (Florence)
affecting the rights of the owner with respect to land or buildings at 41 Main Street,
Florence
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said vase — special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
Chair n
Clerk
FORM 1094 HOBBS &WARREN. INC . REVISED
DEPARTMENT OF PUBLIC SAFETY
CONSTRUCTION SUPERVISOR LICENSE
Nuder: ' Expires: Birthdate:
CS 828SAS 8101/1999 17/01/194S
Restricted To: 88
Smu.„,-g WIIIIAN D SYNANSKI
18S HAYDENVILIE RD •
WHATELY, NA 81193
HOME IMPROVEMENT CONTRACTOR
E ti+ =r
Registration 121264
Type - INDIVIDUAL
-?- Expiration 04/22/00
WILLIAM D. SYMANSKI
185 HAYDENVILLE RD
414}MIELY MA 01093
ADMINISTRATOR
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DECISION OF THE
ZONING BOARD OF APPEALS 7� 7
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At its meeting on April 15, 1981, the Zoning Board of Appeals for the City
of Northampton voted unanimously to grant the request of Dr. George Falk for a
special permit to use two parcels on,Main Street, Florence to meet the parking
requirements of the Zoning Ordinance in order to add another office in the
medical building at 41 Main Street, Florence.
Based upon evidence presented to the Board, the Board made the following
findings in regard to the special permit:
1. The proposed use is listed in the Table of Use Regulations.
2. The proposed use will not overload the public systems because
the addition of an office will not place too great a burden
on City utilities.
3. The proposed use will not impair the character of the neigh-
borhood since the area is zoned for mixed residential and
commercial use.
4. The proposed use will not create undue traffic congestion
in that the addition of one office will not result in a
great increase in the number of cars using the property.
5. That there is adequate parking within 300 feet of the medical
building.
The special permit however, is granted subject to the following conditions:
1. That the off-site parking spaces be used for long term
parking.
2. That the "Patients Only" parking signs be erected at the
medical building to insure on-site spaces for parents bring-
ing children to the facility in order to eliminate their need
to cross Main Street.
3. If, for any reason, the lease for additional parking lapses,
the special permit is revoked.
- -- — ��_. f�-�►3ss-max-r-. --
OBERT C. BUSCHER, CHAIRMAN
IANNE ZURN
WILLIAM BRANDT
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,.;EORGE FALK, D.Dla ,
41 Main Street
Florence,Macs. O
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, i Liii MAY I 9 1999 li
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DEPT OF BUtLDING INSPECTIONS
NORTHAMPT MA 01060 .
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FALK, D.D.S.,PL.
41 Main Street
iQrence,Mess. 01
rALK, D.D.S.,P.C.
41 Main Street
;orence, Mess. OW
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SEP 2 q 199q
LEASE AGREEMENT DEPT, f 3t11 C''aGiNSPEc ions
NORTHANTTO°J M 01G.0
This lease is made by and between APC REALTY TRUST of 5 Middle Street,
Florence,Hampshire County, Massachusetts, hereinafter called"LESSOR,"and
GEORGE FALK and SYLVIA FALK of 41 Main Street, Florence,Hampshire County,
Massachusetts, hereinafter called"LESSEE."
1. LEASED PREMISES
In consideration of the covenants contained herein and other good and valuable
consideration, the LESSOR hereby leases to the LESSEE and the LESSEE hereby hires
from the LESSOR eight(8) parking spaces, hereinafter called"premises," which are
located within the parking yard that lies on the west side of the buildings known as
40 Main Street and 40 Main Street, Rear, in Florence, Hampshire County, Massachusetts.
Furthermore, said parking spaces shall each measure eight and one-half feet in
width and eighteen feet in length(8.5' X 18'), for a total leased area of approximately
1,224 square feet(see site plan attached hereto as Exhibit A). Not less than eighteen
(18) feet of space shall be available by each parking space for the purpose of vehicle
turnaround, entry, and backing-up. The location within the parking yard of the eight
parking spaces which comprise the premises may be changed at the discretion of the
LESSOR upon giving thirty(30)days' notice to the LESSEE.
Said parking spaces shall be marked by the LESSOR at the initiation of this
Lease; maintenance of the parking space markings shall be the responsibility of the
LESSEE and shall be done at the discretion of the LESSEE.
Furthermore, LESSEE shall cause that every vehicle parked under his auspices on
the premises will display an identifying parking sticker, and the LESSEE shall cause that
every vehicle parked under his auspices on the premises will be parked solely in one of
the eight parking spaces designated as the premises leased by the LESSEE. Unauthorized
vehicles parked in the LESSOR's parking lot, including vehicles that display the
LESSEE's parking sticker but are parked in non-designated areas, may be towed from
the parking lot at the discretion of the LESSOR.
2. TERM OF LEASE
The term of said Lease shall be one year(twelve months), commencing on the
first day of October 1999 and ending on the thirtieth day of September 2000. LESSEE
may terminate this Lease prior to September 30, 2000, upon giving the LESSOR written
notice of not less than sixty (60) days.
2
3. RENT
LESSEE agrees to pay the LESSOR rent of$ 240.00 (two hundred and forty
dollars)per month, for a total of$ 2,880.00 (two thousand, eight hundred and eighty
dollars) for the twelve-month term of this Lease. Rent shall be payable in advance on the
first day of each month, with the exception of the first and last months of the Lease, rent
for which($480.00) shall be paid at the time of the signing of this agreement. All rent
payments shall be made to the LESSOR at the address specified above.
4. OPTION TO EXTEND
The parties shall have the option to extend this Lease upon coming to terms
agreeable to both, subsequent to the LESSOR having received sixty(60) days' notice of
the LESSEE's desire to extend.
•
5. USE OF PREMISES
LESSEE shall not use, suffer or permit the use by any person of the leased
premises and its appurtenant rights for any purpose or in any manner which is contrary to
any applicable law or regulation, which may constitute a nuisance or be offensive or
which could cause injury or damage to the leased premises. The LESSEE shall use the
premises solely for the parking of legally registered vehicles used to transport LESSEE,
his employees, agents, or invitees.
6. RULES AND REGULATIONS
The LESSEE agrees to comply with all present and future laws, ordinances,
rules and regulations of any duly constituted governmental authority relating to the
LESSEE in the LESSEE's use or occupancy of the leased premises.
7. ASSIGNMENT AND SUBLETTING
The LESSEE shall not assign or sublet this Lease without the LESSOR's prior
written consent on each occasion, which consent shall not be unreasonably withheld.
Any attempted subletting of this Lease by the Lessee without such consent shall be void
and shall confer no rights on third parties.
8. SIGNS
The LESSEE shall erect or keep no signs, billboards, posters or advertising
material of any kind on the leased premises.
•
9. CARE AND MAINTENANCE OF PREMISES
LESSEE accepts the leased premises in the condition in which they are on the
date of the commencement of the term hereof,acknowledging that he has inspected the
leased premises and that they are in good order and condition and sufficient for the uses
intended by the LESSEE. The LESSOR has made and the LESSEE has relied on no
representations or warranties, express or implied, as to the condition of or the rentability
for a particular use of the leased premises, except as may be set forth herein.
The LESSEE shall maintain the premises in good and safe condition and shall
surrender the same at termination hereof in as good condition as received, normal wear
and tear excepted. The LESSEE shall be responsible for rubbish removal.
The LESSOR shall be responsible for such snow removal and sanding on the
leased premises that can be done by machine, any handwork to be done by the LESSEE.
Said snow removal shall be done once upon the cessation of each snowfall that yields an
accumulation of not less than two inches of snow. LESSOR shall not be responsible for
incomplete removal of snow or incomplete placement of sand due to the presence, at the
time of LESSOR's snow removal or sanding, of vehicles parked by the LESSEE, his
employees, agents, or invitees.
10. INDEMNIFICATION AND LIABILITY
LESSEE shall indemnify and hold LESSOR harmless from any and all claims
for personal injury or property damage by reason of any accident or happening on the
leased premises unless caused by the fault or negligence of the LESSOR or its agents,
servants or employees. LESSEE shall, at LESSEE's expense, maintain public liability
insurance including bodily injury and property damage, and shall provide LESSOR with
a Certificate of Insurance naming the LESSOR as an additional insured. The Certificate
shall provide for a twenty-day written notice to LESSOR in the event of cancellation or
material change of coverage. To the maximum extent permitted by insurance policies
which may be owned by LESSOR or LESSEE, the LESSOR and LESSEE, for the benefit
of each other, waive any and all rights of subrogation which might otherwise exist.
It is specifically understood and agreed that the LESSOR shall not be responsible
for the loss, destruction or damage of any personal property of any kind which may be
on the leased premises during the term of this Lease, or for any loss of LESSEE's
income, from any cause whatsoever, except for the gross negligence or willful
misconduct of the LESSOR.
4
11. EXPIRATION OF TERM
(a) The LESSEE, at the expiration of the term hereof, or at any prior termination as
herein provided, shall peaceably yield up the leased premises in the same condition and
repair as the same were in at the commencement of the term hereof, or may have been put
thereafter, reasonable wear and use, damage by fire or other casualty only excepted.
(b) The LESSEE and those claiming by,through or under the LESSEE, may, at any
time prior to the expiration of the term hereof or prior termination thereof, then or within
a reasonable time thereafter, not to exceed twenty(20)days, remove its personal
property, from the leased premises, provided that if such removal causes any damage
to the leased premises, the LESSEE shall promptly repair the same.
(c)Any property remaining on the leased premises after said twenty(20)day period
shall be deemed abandoned and may be removed and disposed of by the LESSOR as the
LESSOR shall determine, and the LESSOR may charge the cost of such removal and any
repairs or replacements to the leased premises necessitated thereby to the LESSEE.
12. DESTRUCTION BY CASUALTY
If the leased premises, or any part thereof, shall be damaged or destroyed by fire
or any other casualty during the term of this Lease, then this Lease and said term may be
terminated at the option of the LESSOR by notice to the LESSEE. If this Lease and said
term are not so terminated, LESSOR shall, as soon as possible after the occurrence of the
damage, repair and restore the premises to substantially the same condition as they were
in prior to the casualty. LESSEE shall be entitled to a proportionate reduction of rent
while such repairs are being made, based upon the extent to which the making of such
repairs shall interfere with LESSEE's use of the premises. If the damage to the leased
premises shall be so extensive as to render the whole or a substantial part thereof
unsuitable for tenant use, LESSEE may, within thirty (30) days of the occurrence of
said damage, notify LESSOR in writing that the Lease is terminated.
13. DEFAULT AND TERMINATION
If the rent herein reserved shall not have been paid when due and shall remain
unpaid for ten(10) days after written notice by the LESSOR to the LESSEE; or if any of
the other covenants, conditions and obligations of the LESSEE under this Lease shall not
be performed within thirty(30) days after notice by the LESSOR to the LESSEE thereof,
or if by the nature of said default more than thirty(30) days shall be required to cure the
•
same, if such curative action is not commenced within thirty(30)days and diligently
pursued thereafter until completed; or if the LESSEE shall cease generally to pay its
debts as they become due, or suffer or permit a custodian, trustee, receiver, or agent to be
appointed or authorized to take charge of any property of the LESSEE, or if the LESSEE
shall become insolvent, or if any proceedings should be commenced by or against the
LESSEE under the Federal Bankruptcy laws, or should the LESSEE make a general
assignment for the benefit of creditors, then and in each such case the LESSOR may, at
the LESSOR's option and to the extent permitted by law, declare the term of this Lease
ended and enter into the leased premises or any part thereof, either with or without
process of law, and expel the LESSEE or any person or persons occupying in or upon the
leased premises, using such force as may be necessary to do so, and so to repossess and
enjoy the leased premises as of the LESSOR's former estate, without being guilty of
trespass, forcible entry,detainer or other tort.
14. ADDITIONAL REMEDIES ON DEFAULT
Notwithstanding any termination pursuant to paragraph 12 above or any entry or
reentry by the LESSOR, the LESSEE agrees to pay or be liable for on the days originally
fixed herein for the payment thereof, amounts equal to the several installments of rent
and any other charges herein reserved as they would, under the terms of this Lease,
become due if this Lease had not been terminated or if the LESSOR had not entered or
re-entered as aforesaid and whether the leased premises be relet or remain vacant for a
period less than the remainder of the term, or for the whole thereof, but if the leased
premises be relet by the LESSOR, the LESSEE shall be entitled to a credit in the net
amount of rent received by the LESSOR in reletting, after deduction of reasonable
expenses incurred in reletting the leased premises and in collecting the rent in connection
therewith. The LESSEE shall also be liable to the LESSOR for all expenses, including
reasonable attorney's fees, incurred by the LESSOR in enforcing its rights under this
Lease in the event of a default by the LESSEE and such expenses may also be deducted
from any credit due the LESSEE on account of any reletting by the LESSOR.
15. FORCE MAJEURE
Except as herein elsewhere provided to the contrary, all of the obligations of the
LESSOR and the LESSEE hereunder are subject to the following conditions: if
performance other than the payment of money is prevented by reason of fire, strike, labor
difficulty, inability to obtain supplies or other difficulties beyond the reasonable control
of the party required to perform such obligations, the performance shall be excusable
during the period of such inability.
6
16. COVENANT OF QUIET ENJQYMENT
The LESSOR agrees that if the LESSEE shall pay rent as aforesaid and perform
the covenants and agreements herein contained on its part to be paid and performed, the
LESSEE shall peaceably hold and enjoy the said rented premises without hindrance or
interruption by the LESSOR or by any other person or persons acting under the control
of, or on behalf of,the LESSOR. The LESSEE hereby acknowledges that the leased
premises are located in a central business district, near to a factory building to which
trailer trucks make frequent deliveries at all hours.
17. CUMULATIVE RIGHTS
Any and all rights and remedies which either party may have hereunder shall be
cumulative and the exercise of any one of such rights shall not bar the exercise of any
other right or remedy which said party may have.
18. ENTIRE AGREEMENT
This instrument contains the entire and exclusive agreement between the parties
and supersedes and terminates all prior or contemporaneous arrangements, understandings,
and agreements, whether oral or written. This Lease may not be amended or modified
except by a writing executed by the LESSOR and the LESSEE .
19. GOVERNING LAW AND SEVERABILITY
This Lease shall be governed by and interpreted in accordance with the laws
of Massachusetts. If any provision of this Lease shall be determined to be invalid or
unenforceable under applicable law, such provision shall, insofar as possible, be
construed or applied in such manner as will permit enforcement; otherwise, this Lease
shall be construed as if such provision had never been made a part hereof.
7
In witness whereof this lease has been signed
this A'] el- day of “'-i M B Ec, 1999.
EXECUTED IN DUPLICATE
In the presence of
Lessor:
RADLEY C. NUTTING,
Trustee of APC REALTY TRUST
Lessor:
ROBERT GOUGEON,
Trustee of APC REALTY TRUST
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Lessee:
GEORGE LK
C(OALLI
Less
SYLVI ALK
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