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MtBAfA AMLAWAITAQVE
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"Schedule A"
Reference is made to a plan of land recorded in Hampshire County Registry of
Deeds in Plan Book 143 Page 59.
The land said on said plan shown as parcels 1(13,025 square feet) and 2(13,033
square feet) minus the following land that is a part of the said parcel 1:
Beginning at a point on the northeasterly side-of Sherman Avenue,Northampton,
Massachusetts,which point is the intersection of a line running parallel to and
fifteen(15) feet northwesterly from the northwesterly exterior wall(the wall closest
to the Seller's residence)of a building labeled on said plan as"CONC. BLOCK &
W/F GARAGE"; thence running northeasterly along said parallel line to a point on
the northeasterly line of the said parcel 1(said line labelled on said plan as"S 56
degrees 35' 05 E"); thence turning and running northwesterly along said line to a
point; turning and running southwesterly 124.73 feet along a line labelled on said
plan as N 43 degrees 27' 42" E to a point on the northeasterly side of the said
Sherman Avenue; and thence turning and running in a southeasterly direction
along the northeasterly side of Sherman Avenue to the place of beginning.
The Seller, at his own expense,will have this subtracted land surveyed for a more
precise description of the metes and bounds.
V
premises as herein agreed,or if,at the time of delivery of the Deed,the premises do
not conform with the provisions of this Agreement,then this Agreement shall
terminate and the Buyer shall be refunded all deposits, unless the Buyer elects to
accept such title as the Seller can deliver to the premises in their then condition,or
the Buyer elects to proceed under Paragraph 9 of this Agreement.
13. HAZARDOUS WASTE.Seller represents that during the Seller's ownership of
the premises to be conveyed, neither the Seller nor the Seller's agents disposed of
any hazardous wastes or took any action causing a lien to arise under the
Massachusetts Superfund Act(Massachusetts General Laws, Chapter 21 E),which
representation shall survive the acceptance of the Deed. However, Seller is
unaware of and hereby disclaims responsibility for the actions of any prior owner
or owners in the chain of title or any other party responsible for such disposal
during or prior to Seller's tenure of title,and by acceptance of the Deed, the Buyer
assumes full responsibility under the provisions of the act.
14. COMMISSION. The parties agree that there is no broker's commission due on
this sale.
15. PRACTICE STANDARDS.Any matter or practice arising under,or relating to
this Agreement which is the subject of a title or practice standard of the
Massachusetts Conveyancers Association shall be governed by such standard to the
extent applicable.
16. CONSTRUCTION OF THIS AGREEMENT. This Agreement,consisting of
five(5) pages and any exhibits incorporated by reference,contains all of the terms
and conditions of this sale, including any representations upon which either party is
relying. It is to be contrued as a Massachusetts contract.This Agreement is binding
upon and is for the benefit of the parties hereto and their respective heirs,devisees,
executors, administrators,successors,and assigns.This Agreement may be
cancelled, modified or amended only by a written instrument executed by the
parties hereto or their legal representatives.
IN WITNESS WHEREOF, the Buyer and Seller have to this Agreement,and to a
• duplicate Agreement,set their hands and seals on the day and year first above
written.
By:
Seller if-f-D G• A N 56Au LT
F.I.D. No
By:
Buyer
5. F.I.D. No.
the need for said extension. If the Buyer notifies the Seller's attorney in writing
during said forty(40)day period or extension thereof that the use is not allowed,
then all sums paid as deposits under this Agreement shall be refunded to the Buyer
and all obligations of the parties to this Agreement shall cease. If during said
forty(40) day period or extension thereof,the Buyer fails to notify the Seller in
writing that the use is not allowed, then the Buyer will be deemed to have waived
this contingency.
9. CASUALTY LOSS. The premises shall be kept insured by the Seller as presently
insured; and in the event of any damage to the premises from any cause other than
reasonable use and wear prior to the transfer of title,provided that such damage is
not restored by the time of transfer,the Buyer shall have the option to take the
insurance money or claim, if any,arising out of such damage and fulfill this
contract,or to cancel this contract and be refunded 01 deposits made under the
Agreement.
10.POSSESSION& CONDITION OF PREMISES.Full possession of the premises
shall be delivered to the Buyer at the time of delivery of the Deed,the premises to
be then in the same condition as they now are, reasonable use and wear excepted.
The Buyer shall have the right to inspect the premises prior to closing to determine
compliance with this provision upon reasonable notice to the Seller.
The Buyer and Seller agree that the Seller shall lease from the Buyer that portion
of the premises designated as"Leased Area" on a plan of the premises marked "B",
attached hereto and by this reference made a part hereof,all in accordance with
the terms of the lease marked "C", attached hereto and by this reference made a
part hereof.
11.ADJUSTMENTS. If applicable to the property,the following items shall be
ascertained,and an appropriate adjustment made by and between the Buyer and
Seller as of the day of the closing: water and sewer charges and real estate taxes for
the current fiscal year. In the event that the current fiscal year real estate taxes are
not known at the time of the closing,the parties shall adjust on the basis of the last
fiscal year real estate taxes and shall, at the election of either party, reapportion
the taxes when the current fiscal year taxes are determined. This tax
reapportionment provision shall survive the acceptance of the Deed.
12. BUYER'S ELECTION TO ACCEPT TITLE. If the Seller,after a good faith
effort, is unable to give title or to make conveyance or to deliver possession of the
4.
To enable the Seller to make conveyance as provided in this Agreement,Seller
may use the purchase money,or portion thereof,to clear the title of any and all
encumbrances or interests; provided,however,that any instrument so procured
shall be recorded simultaneously with the delivery of the Deed or in accordance
with accepted practice thereafter recorded.
The acceptance of the Deed by the Buyer shall be deemed to be a full
performance and discharge of every obligation or agreement expressed or
contained herein,except such as are by their own terms to be performed after the
delivery of the Deed.
7. INSPECTION. The Buyer's obligation to purchase this property is contingent
upon the Buyer obtaining a satisfactory inspection, at the Buyer's expense and with
consultant(s) of the buyer's own choosing.This inspection shall include,without
limitation, the presence of hazardous materials. It is agreed that the period granted
to the Bu3wr for inspection(s)shall expire forty(40)days from the date of this
Agreement, before which time, the Seller will give the Buyer and the Buyer's
consultant(s) access to the premises at reasonable times and upon reasonable notice
to the Seller. If the Buyer is not satisfied with the results of the inspection(s)and so
notifies the Seller's attorney in writing prior to S:OOpm of the last day of the
aforedescibed inspection period,then all sums paid as deposits under this
Agreement shall be refunded to the Buyer and all obligations of the parties to this
Agreement shall cease. If the Buyer fails to inspect,or fails to give the notice of
unsatisfactory inspection during the aforedescribed inspection period,then this
inspection contingency shall be waived,and the Buyer's performance shall not be
otherwise excused.
It is agreed that in consideration of the above right of inspection and rescission,
the Seller is released from liability relating to defects in the premises which have
been actually disclosed,or about which the Seller had no actual knowledge. This
property is sold "as is",and no representations have been made by the Seller with
regard to its condition except those contained in this Agreement.
8. ZONING. The Buyer shall have forty(40)days from the date of this Agreement
to determine if the use for which he intends to put the property is allowed under
the zoning laws.If the Buyer,making due diligence and good faith effort,is unable
to determine whether the zoning laws do allow said use,then the Buyer may extend
the closing date from October 31,2001 for a period not to exceed nintey(90) days
therefrom in order to determine if the zoning laws do allow said use; provided that,
prior to the expiration of said forty(40) day period, the Buyer notifies the Seller of
3.
5. PLANNING BOARD APPROVAL. It is acknowledged by the parties hereto that
the Seller is the owner of three contiguous parcels of land on the northeasterly side
of Sherman Avenue,Northampton,Massachusetts.These three parcels of land are
shown on a plan of land recorded in the Hampshire County Registry of Deeds Plan
Book 143 Page 59,a copy of said plan is marked "Plan" is attached hereto and by
this reference made a part hereof. The property that is the subject of this purchase
and sale agreement consists of both parcels of land marked 1(13,025 square feet)
and 2(13,033 square feet) respectively,excluding therefrom a strip of land on the
northeasterly side of the parcel of land marked 1 on said plan(see"Schedule A" for
description). in order for the Seller to sell to the Buyer the property described in
"Schedule A", it will be necessary for the Seller to obtain approval from the City of
Northampton Planning Board for the reduction of the size of the parcel of land
marked 1(13,025 square feet)on said plan.The Seller intends to accomplish this
approval by drafting a plan that he will submit to the Planning Board. Said plan
will show the reduction of the area of the said parcel 1(this subtracted area being
shown on the plan to be drawn as being combined with the parcel owned by the
Seller on the northereastery side of the said parcel 1). Said plan will show the
remaining area of said parcel 1 and all of said parcel 2 as being combined and
shown as one-pareel(this combined parcel being the property described in
"Schedule A" of this agreement.The Seller,at his own expense,will make due
diligence and good faith effort to accomplish the drafting of the said plan to be
submitted to the Planning Board,to submit said plan to,and obtain approval of said
plan from the Planning Board in a timely fashion(consistent with meeting the
October 31, 2001 closing date of this agreement).
In the event that the Seller shall fail to obtain said Planning Board approval in
time to close on October 31,2001, then the Buyer shall have to option of
terminating this agreement, in which case all deposits held by the Seller's lawyer
shall be returned to the Buyer, or the Buyer may allow or require the Seller to
continue to make due diligence and good faith effort to gain approval of the plan by
the Planning Board, in which case the closing date will be extended for a
period not to exceed ninety(90)days. If at the end of this extended period the Seller,
after having made due diligence and good faith effort, has failed to obtain the
apprroval of the Planning Board,then this agreement shall terminate, and any
deposit held by the Seller's lawyer shall be returned to the Buyer.
6. PERFORMANCE.The Deed is to be delivered,and the consideration paid,at
the Registry of Deeds in which the-Deed should, by law, be recorded and said
Performance shall take place on or before October 31,2001, unless some other
time and place should be mutually agreed upon.
2.
PURCHASE AND SALE AGREEMENT
C)
This Agreement is made this22 day of_J^XrOSQ 2001, by and between
the Seller, Alfred Martinbeault and the Buyer,Alan Scheinman, both of
Northampton,Mksachusetts.
G7-
1. DESCRIPTION.The Seller agrees to sell and the Buyer agrees to purchase the
real estate located on Sherman Avenue,Northampton,Massachusetts,and more
particularly described in "Schedule A" attached hereto, and by this reference made
a part hereof.
2.TITLE.The Seller shall convey a good and clear record and marketable title by
Deed to the Buyer. Said Deed will be a Quitclaim Deed and said Deed shall be free
from all encumbrances except:
a. provisions of local zoning laws;
b. real estate taxes for the current fiscal year which are not due and payable at
the time of the delivery of the Deed;
c.assessments for municipal betterments,if assessed after the date of this
Agreement;
d. covenants,easements and restrictions of record,if any, provided that such
matters do not substantially interfere with the use and occupancy of the premises
for an automobile storage facility.
3. CONSIDERATION. For this Deed and conveyance,the Buyer is to pay the total
sum of Sixty Five Thousand($65,000.00) Dollars, of which Five Hundred($500.00)
Dollars have been paid this day upon the execution of this Agreement as a deposit,
and Sixty Four Thousand Five Hundred($64,500.00) Dollars are to be paid upon
delivery of the Deed as follows: Twenty-nine Thousand Five Hundred($29,500.00)
Dollars in cash, certified check, bank cashiers check or attorney trustee account
check; and the Buyer will execute a note for Thirty-five Thousand($35,000.00)
Dollars payable to the Seller,said note to be amortized over a twenty(20) year
period, bearing interest at seven(7) percent per annum, payable in equal,
monthly installments of Two Hundred Seventy-one Dollars and Thirty-six Cents
($271.36)e'ac-h2 fl i p,10—( ti 61: SF'uJ?-QED 511 !4 �-MS1
M3`(L'1-6 t N C UsZ�Ma4F-�/ ��-+U CL c CCU WCrt iSV uF 0%4 D ,
4. DEPOSIT. The deposit shall beheld,subject to the terms of this Agreement,by
the Seller's Attorney, and shall be duly accounted for at the time for performance /0
or termination of this Agreement.
1.
File#MP-2002-0022
APPLICANT/CONTACT PERSON SCHEINMAN ALAN
ADDRESS/PHONE 7 PLEASANT ST (413)584-1893 Q
PROPERTY LOCATION SHERMAN AVE
MAP 25A PARCEL 099 001 ZONE URB
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FI OUT
Building Permit Filled out
Fee Paid
Typeof Construction: ZONING- STORAGE OF(4)VEHICLES-NO COMMERCIAL USE INTENDED
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PRESfi.NTED:
Approved Denied
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project : Site Plan OR Special Permit and Site Plan
Major Project: Site Plan OR Special Permit and Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: § �r V • �/�"
Finding_ Special Permit Variance*
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
; r t 3 Permit from CB Architecture Committee
Permit from Elm Street C ission
3 Z�
Signature of Buildinibfficial Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
*Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning&Development for more information.
1PH,
7-7-7-- pit
M: AUG 1 21-1,!
ALAN SCHEINMAN
Attorney at Lau, DER!0-rF8,1J!L-P4'INISPETICINS
7 PLEASANSTRE�T NORTHAMPTON MASSACHUSETTS oi060 TELEPHONE (03) 584-1893
_CTIONS
Y., 0
----------------- August 13,2001
Dear Tony,
I've enclosed a Zoning Permit Application for a piece of property that I'm buying
on Sherman Avenue.
I've talked to some of the neighbors and have looked up the property in the
Registry of Deeds.
From what I can gather,the property was owned for many, many decades by
Earl Parsons.Apparantly,Parsons ran a business at that location.In particular,at
least 50 years ago,he built a building there to store potatoes and to store his trucks
and equipment. Later,he developed some of his other land on that street and sold it
off as building lots.
About 16 years ago,Parsons sold this land and it's commercial building to Alfred
Martinbeault,who lived next door to Parson's property.Martinbeault was a
building contractor,who used the building to store his contruction equipment,
construction materials and his trucks.
Martinbeault is now in semi-retirement. He continues to store some vehicles
there,and continues to keep his carpentry workshop on that property.
I own four cars that I park in various locations in the City.I am buying this
property so that I can store all my cars in the garage located there. That is my sole
purpose for buying this building. I have no intention of using the property
commercially.
As the building located on this property has been used for several decades to store
vehicles,heavy equipment and other things related to a couple of different
businesses, I hope that you will agree that my intended use; that is,the storage of
my own personal automobiles,should be permitted.
Thank you.
X
�--'Alan Scheinman
10. Do any signs ebst on the property/? YES NO y
IF YES,describe size,type and location:
Are there any proposed changes to or additions of signs intended for the property?YES R<' V_/_
IF YES,describe size,type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
T'da �oi� ba fi1Tcd
by the Banding Dep&rtaent
Required
Existing Proposed By Zoning j
Lot size
i
Frontage
Setbacks
- side L• R: L: R:
- rear
Building height
Bldg Square footage
i
%Open Space:
(Lot area minus bldg i
&paved parking!
i
# of Parking spaces p
#_ of Loading Docks s
i
Fill:
I vol-ume.-& location)
I
E
13 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knZwge.
DATE: �' 3 ° APPLICANT's SIGNATURE
NOTE: Issuanoe of a zoning permit does not relieve an applicant's burden to oomply With-all
zoning requirements and obtain all required permits from the Board of Health, Conservation
Commission, Department of Publio Works and other applioable permit granting authorities,
FILE #
��Irj 3 �1 File No.
DEPT OF BUILDINGINSPECTIoIY O NG PERMIT APPLICATION (§10 . 2)
i NORTHAMPTON,MA OrOSO EASE TYPE OR PRINT ALL 121FORMATION
1. Name of Applicant: A LA^/ SCf1,grj,ywi, jj
vIV"
Address: -7 /�(.f 9„ 7—S7— .t�'11Z V>�..7./ Telephone: S 3'y—
2. Owner of Property:_
0104C
Address: s3 Telephone: S"sry— yNyZ
3. Status of Applicant: Owner Contract Purchaser Lessee
Other(explain):
cje
4. Job Location:
Parcel Id: Zoning Map# °ZS� Parcel# 0 9q- —5 r`bistrict(s): 6 0 1
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property_Cf}n,PEnfT—iu� WpM<sHop AJiJ S-13AAO'd df Sam
044 f dG 7>� 0"'L A
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
STD&AG-6 o rz A4.!;f 54 4_ 4dI70,u,0 di NA ca.+.r..,� c�,¢L L-4r(5 A ,&eO
7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO DON'T KNOW YES IF YES,date issued:
IF YES: Was the permit recorded at the Re stry of Deeds?
NO DON'T KNO
W YES
IF YES: enter Book Page and/or Document#
9. Does the site contain a brook, body of water or wetlands? NO y DON'T KNOW YES
IF YES,has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained ,date issued:
(FORM CONTINUES ON OTHER SIDE)
�a-f-16
ZONING BOARD OF APPEALS FINDING APPLICATION FOR THE CITY OF NORTHAMPTON
(Change of a Pre-Existing Non-Conforming Use or Structure)
I. Applicant's Name: /J L-Ad Sc f/&/&r,t.4?J
Address: -'i` Qte-A-syr s/ ,, o6c)
nib M�} #Cllr; Telephone: 3
2. Property Owner's Name: ALFh6-7 Ai A-0-
7 W j3 6,tJ(�T
Address: 53 X#�QMh / *✓E. A/U_+?r-cfT�?}✓ M.A Oi06o Telephone:
3. Status of Applicant: Owner Contract Purchaser. Lessee Other(explain)
4. Parcel Identification: Zoning Map# �.�A Parcel# j q( 0pp J Zoning District(s) L/k-(3-
�.., Street Address:
Property Recorded at the Registry of Deeds: County: 14A-V-f5 h Book; iy Page: .1 ° rasp
5. Finding is being requested under Zoning Ordinance: Section - ,Page_,�-
���� /
6. Narrative Description of Proposed Work/Project:(use additio eets ifntceeal 3<�,
P4r3,.r tJa CA%t6:i!�S 14 7r14C I-Ps77�J 6- s7� &6S
7. State How Work/Proposal Complies with the following Finding Criteria: (see also Section 9.2 ;for Signs
Section 7.0). If the change,extension or alteration conforms to zoning in all respects,no Finding is required.
*Explain why the existing building,lot or use is legally pre-existing non-conforming. (Buildings,lots or uses that
are in existence at the time new zoning is enacted are protected under grandfathering provisions)
R6 LOTS /,J P(l(SSno l W.5&6 PA& of A #,)ff 410,204. OF441D a,.16 § D-16 PARsbX R6"icu Fo,e
M4ly YCA26-, MkkaS C2 WW 06 b A c3 JS,d4$Y 6. 77 5E L.7T Fn A ��4e
S+-, 1Un lW& Sit A A f f r 4✓AS i�t,%O W
OFr L-017S /FL 7yf 1h 65a' 73 At B A4 uoi 4W_411m�s,J Ariu.,✓ f><i1 /3JJ�✓�s1 �.rr�aGS
6X,S`7&D WI-V ►.t✓ TN£ .SAcEI 01�' 7Wf`SE AC-SibCd779c. ( Ay /*•+, . A//fj� llg� fb4o A-fC "71
?*sS'6
*Does the change,extensil'or alteration create a new violation of the zoning,which would require a variance?
Yes No V If Yes, explain how:
*Explain how the change,extension or alteration shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood:71/t` 6rr-n. ",L eJ 7-kfL b7 /,.t / 4,J Wl vfda>
{
�9 56J6,Ut_' 4c4k-S At PtVJ j.P A S��„ —1;-VW i//AM t R?/ 7 1W G4A*G e 1fm BEf,/j L/"
-i,.a AA 72 57V4 L n, L" A.-[1 t5ah0k 6- T-"O Go�kTNi-U-1A G
I Do 47-ir,775NP _')v 01✓ E / -/-V SL` 7vt-
-n 1E Am / & r7ilm f P�rt�
8. Attached Plans: Sketch Plan Site Plan None Required
9. Certification: I hereby certify that the information contained herein is true and accurate to the best of my
knowledge. I(or the landowner, if I am not the landowner)grant the Zoning Board and Planning Board
permission to enter the property to review this permit application.
Date: F•23 d/ Applicant's Signature:
Owner's Signature(if different from applicant's):
i
City of Northampton, Massachusetts p4``� p7p
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950 t
FAX(413) 586-3726
• Community and Economic Development
• Conservation •Historic Preservation
• Planning Board•Zoning Board of Appeals
• Northampton Parking Commission
TO: Anthony Patillo, Building Inspector
RE: Permit application n�
FROM: Angela Dion, Board Secretary/OPD
V
_ / 1' i
DATE: ,� �� �/, CCU U' S EP - 4 2001
OEPT Oi BUILDING INSPECTIQMS
• i1THAkIPTON,MA OI060
Would you please review and retur
enclosed s application
befor he Planning Boar oning Board of�\
_._..__
Appe meeting scheduled for so
that we can advise the Boards of any
concerns you may have.
,11,.___—
Thank you.