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I REPORT THAT THIS PLAN CONFORMS TO THE TECHNICAL AND
PROCEDURAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING
IN THE COMMONWEALTH OF MASSACHUSETTS;
I REPORT THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY
WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS
COMMONWEALTH OF MASSACHUSETTS;
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SOT
FARCEL5 12C-09510
1. A FIELD SURVEY� PERFORMED BY THE BERKSHIRE DESIGN GROUP, INC. IN
SEPTEMBER 2008.
2. REFERENCE PLAN; "PLAN BROOKWOOD A SUBDIVISION IN NORTHAMPTON, MASS.
HAMPSHIRE AMERICA HOMES ING. OWNER" DATED: FEBRUARY 1960, SHEETS 2 &
3 OF 6 BY GORDON t. AINSWORTH & ASSOCIATES AND RECORDED IN PLAN BOOK
56 PAGES 96 AND 98.
3. REFERENCE PLAN: "AMENDED PLAN OF LOTS 45 & 46 BROOKWOOD SUBDIVISION
NORTHAMPTON, MASSACHUSETTS PREPARED FOR PROJECT: BELLWETHER, INC."
DATED FEBRUARY 15, ;1968 BY ALMER HUNTLEY, JR. & ASSOCIATES, INC. AND
RECORDED IN PLAN BOOK 73 PAGE 98.
4. THE PREMISES ARE SUBJECT TO AN EASEMENT TO NET &T AS DESCRIBED IN
BOOK 1545 PAGE 514. '.
5. THE PREMISES ARE SUBJECT TO RESTRICTIVE COVENANTS AS DESCRIBED IN
BOOK 1340 PAGE 190.
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AMEND
Locus Tale:
CITY OF NORTHAMPTON
See: Book 474 I Page 145 (falung)
See Also: Book 1823 Page 26O
94,485 5q. ft. (Total)
2. I GJ Ac. ± (Total)
CITY OF NORTHAMPTON, MASSACHUSETTS
PLANNING BOARD APPROVAL NOT REQUIRED
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UNDER SUBDIVISION CONTROL LAWS.
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Book 501 Page 197
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I REPORT THAT THIS PLAN CONFORMS TO THE 11CHNICAL AND
PROCEDURAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING
IN THE COMMONWEALTH OF MASSACHUSETTS;
I REPORT THAT THIS PLAN HAS BEEN PREPARED'' iN CONFORMITY
WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS
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Book 373 Page 77
NOTES
1. A FIELD SURVEY t ,WAS PERFORMED BY THE BERKSHIRE DESIGN GROUP, INC. IN
SEPTEMBER 2008.
2. REFERENCE PLAN :. "PLAN BROOKWOOD A SUBDIVISION IN NORTHAMPTON, MASS.
HAMPSHIRE AMERICAN HOMES ING. OWNER" DATED: FEBRUARY 1960, SHEETS 2 &
3 OF 6 BY GORDON E. AINSWORTH & ASSOCIATES AND RECORDED IN PLAN BOOK
56 PAGES 96 AND 98.
3. REFERENCE PLAN: "AMENDED PLAN OF LOTS 45 & 46 BROOKWOOD SUBDIVISION
NORTHAMPTON, MASSACHUSETTS PREPARED FOR PROJECT: BELLWETHER, INC."
DATED FEBRUARY 15, ;1968 BY ALMER HUNTLEY, JR. & ASSOCIATES, INC. AND
RECORDED IN PLAN BOOK 73 PAGE 98.
4. THE PREMISES ARE SUBJECT TO AN EASEMENT TO NET &T AS DESCRIBED IN
BOOK 1545 PAGE 514.
5. THE PREMISES ARE SUBJECT TO RESTRIC11VE COVENANTS AS DESCRIBED IN
BOOK 1340 PAGE 190. 'y
12C 094 -001
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Richard L. Humphreys &
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Book 1710 Page 19
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lok 3344 Page 284
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PARCELS 12C-0g5/096/497
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CITY OF NOKTHAMPTON
See: Book 474 P Page 145 (Taking)
See Atsa: Boold 1823 Page 26Q
94,485 5 ft. (
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CITY OF NORTHAMPTON, MASSACHUSETTS
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Planning - Decision
Hearing No.: PLN- 2009 -0018
City of Northampton
Date: December 18, 2008
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 1 111512008
Applicant's Name:
Owner's Name:
NAME:
NAME:
City of Northampton
SULLIVAN DAVID A & DEBORAH G
ADDRESS:
ADDRESS:
210 Main Street
PO Box 4052
TOWN:
STATE:
ZIP CODE:
TOWN:
STATE:
ZIP CODE:
NORTHAMPTON
MA
01060
OTIS
MA
01026
PHONE NO.:
FAX NO.:
PHONE NO.:
FAX NO.:
413 587 -1231
EMAIL ADDRESS:
EMAIL ADDRESS:
Site Information:
2009 12
Recoi 01/08/200909:44 AM
4 0 - 1 /a r -,97 %s
*' 9' 4'' w *.%e- -/,r
/ o + e/ ro.r, - -Arl z/P c
d !fit �q �� r.`.�
Surveyor's Name:
STREET NO.:
MORNINGSiDE DR
SITE ZONING:
SR(100)//WP/WSP
COMPANY NAME:
TOWN:
FLORENCE MA 01062
ACTION TAKEN:
Approved
ADDRESS:
MAP:
12C
BLOCK:
096
LOT:
001
MAP DATE:
SECTION OF BYLAW:
Chpt. 350 -6.3: Reduction ofDlmensional and
Density Regulations
TOWN:
STATE:
I ZIP CODE:
Book:
1823
Page:
260
PHONE NO.:
FAX NO.:
NATI IRF OF PROPOSFn WORK,
EMAIL ADDRESS:
REDUCTION IN LOT SiZE. Affects lots 12C -95, 96, 97. p4y
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Planning Board granted the Special Permit for the reduction in lot size based on the plans submitted with the application.
In granting the permit, the Board found the following special permit criteria in section 350 -6.3, 10 and 11 had been met, and clarified that
the permit was for the reduction in existing lot but not for the uses or buildability of the lot. Additional permits necessary to make this
determination include septic system permit, special permit for construction within 3' of high ground water, special permit for construction
within 200' of a watercourse. The Board heard that there are additional private covenants regarding the ability to locate a structure on the
lot that are outside its jurisdiction.
1) The requested use protects adjoining premises against seriously detrimental uses. The approval of a lot of a smaller size than the
existing lots combined does not change the status of its use. The creation of a smaller lot allows permanent protection of valuable
resource area by the City. Up to five additional permits from the City are required.before a determination of the use of this lot for a single
family home can be made.
(2) The requested use will not affect vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts
on the streets and roads in the area because no increase in buildable lot is being created.
(3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings
and other community assets in the area; Permanent protection of valuable open space will result.
(4) The requested reduction will not have an effect on the City's resources including the effect on the City's water supply and distribution
system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools because this permit does not
determine the ability to build on the resulting lot. Several permits are necessary before a determination of effect on services can be made.
(5) The requested use meets the special regulations set forth in 10.5 and 6.3C, and
(6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of
character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with
the general purpose and intent of the ordinance; and
(7) The requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as
defined in the recently adopted Sustainable Northampton plan adopted under MGL c. 41, §.81C and 81D. The Land Use Plan calls for
GeoTMS® 2008 Des Laurlers Municipal Solutions, Inc.
Planning - Decision City of Northampton
Heari No.: PLN- 2009 -0018 Date: December 18, 2008
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:
MAILING DATE:
HEARING CONTINUED DATE:
DECISION DRAFT BY:
APPEAL DATE:
1112012008
121412008
votes to
1212512008
Jennifer Dieringer
REFERRALS IN DATE:
HEARING DEADLINE DATE:
HEARING CLOSE DATE:
FINAL SIGNING BY:
APPEAL DEADLINE:
1112712008
11912009
1211112008
1212512008
11712009
FIRST ADVERTISING DATE:
HEARING DATE:
VOTING DATE:
DECISION DATE:
1112712008
1211112008
1211112008
1211812008
SECOND ADVERTISING DATE:
HEARING TIME:
VOTING DEADLINE:
DECISION DEADLINE:
121412008
7.00 AM
311112009
311112009
MEMBERS PRESENT: VOTE:
Marilyn Richards
votes to
Grant
Katharine G. Baker
votes to
Grant
Stephen Gilson
votes to
Grant
Jennifer Dieringer
votes to
Grant
Francis Johnson
votes to
Grant
George Kohout
votes to
°Grant
Keith Wilson
votes to
Grant
Kenneth Jodrie votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Keith Wilson Ke Jodrie 8 Approved
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify
that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above.
I certify that a copy of this decision has been malted to the Owner and Applicant.
Notice of Appeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such
appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton.
7anuary 8,:2009
I, Wendy Mazza, City Clerk of Northampton, hereby certify that the above decision of the
Northampton Planning Board was filed in the office of the City Clerk on December 18, 2008,
that twenty days have elapsed since such filing and that no appeal has been filed in this
matter.
Attest:
City Clerk -City of Northampton
GeoTMS® 2008 Des Lauriers Municipal Solutions, Inc.
ATM;
Dec 60 2003 12:43
Eattl of Northampton DPW
(413) 587 -11576
'Wr.. 1
P >6
TO: Francis Johnson, Chair, Planning Boar
FR: James R. Laurila, P.E., City Engineer,
DA: December 5, 2008
RE: File: Morningside Drive — Open Space u ivision — Single Family Residence on 1
acre and preserve sAmaiaider as Open Spare
Map ID: 12C-95,96 and 97
CC: file
The Dt-partinPn¢ of ftblie V'Vor�e has revi €wmi the above re- Terviced applleation For date t'6El® -wiag ke-us:
Traffic: Utilities:
• Volume & Impact on City Street x Sanitary Sewer
• Roadway Capacity x Water
• Adequacy of City Road Construction Drainage Into City Stormwater System
• Site Distances Capacity of Stormwater Line
• Parking x Northampton Stormwater Permit
• Driveway Openings N PDES Phase 1'L Compliance
Other:
The Department of Public Works has the following comments:
No Concerns, project will not have an impact on any items reviewed
Traffic Study is required
Roadway does not have adequate capacity to handle the additional traffic
Roadway is not adequately constructed to handle proposed increase in traffic
Site Distances are not adequate for proposed project
Parking spaces do not meet minimum requirements
Parking spaces are too close to driveway opening
Driveway openings are not adequate for proposed use
Sanitary Sewer line is not adequately sized for proposed use
Sewer line connection is not properly shown
Water line is not adequately sized for proposed use
Water line connection is not properly shown
City stormwater system is.not adequate to handle increase in drainage
Stormwater system does not meet minimum requirements for reduction of Total
Suspended Solids (TSS)
Northampton Stormwater Management Permit has not been approved or conditions for
approved permit have not been met
x Other Comments.
Suitability for Building: The application states that the "Project is for a single family home
only and simply replaces the one home that would be allowed by right with an ANR plan," While
this is technically true, the applicant has focused on the creation of the lot in accordance with
350 -6.3.0 but has not-addressed the feasibility of nor discussed the special permits required for
0000 Momingside Drive SpPcnT Site PB.doc Page 1 oft
Dec 08 2008 12:43 City of Northampton DPW (413) 687 -1576
actually developing the lot.
The proposed project is within the Watershed Protection and Water Supply Protection Gverlay
Districts and abuts Broad Brook to the south. There is no public sewer available and are on site
sewage system will be required to develop the lot. The feasibility of constructing a septic system
that meets state Title V regulations has not been presented. The DPW takes water supply
protection very seriously and will. not be supportive of any variances or waivers to Title V
regulations that may be proposed within these overlay districts.
In addition, any potential developer faces the likely burden of securing Special Permits both for
the construction of a dwelling (Section 350 -14.3 of the Zoning Ordinance) and for the
construction of a septic system (Section 350 - 15.7). If such applications are made, the DPW will
closely scrutinize the proposal and will not support variances or waivers to Title V requirements
if proposed.
p.7
0000 MomingsideDtiva SpPerm Site PS.doc Page 2 of 2
PLANNING AND DEVELOPMENT - CITY OF NORTHAMPTON
planning - conservation - zoning - housing partnership - redevelopment • northampton GIS
economic development - community development • historic • community preservation • central business architecture
Wayne Feiden, FAICP, Director of Planning and Development • WfeidenallorthamptonMA.gov - 413 -587 -1265
November 5, 2008
Northampton Planning Board
c/o Office of Planning and Development
210 Main Street, Room 11
Northampton, MA 01060
ECG�LI; E Lo
NOV - 5 2008
CITY CLERKS OFFICE
NORTHAMPTON, M 01060
RE: Application for Reduction in Lot Size to Allow Donation of Open Space
Dear Members of the Planning Board,
On behalf of the City of Northampton, I am pleased to present the attached Special Permit and
Site Plan lot size reduction to allow the donation of land for open space. This project will give
us the opportunity to expand the Fitzgerald Lake Conservation Area and, eventually, restore a
wetland that was filled three decades ago.
The project will merge three lots 12C -095, 12C -096, and 12C -097 ( "Sullivan parcels ") into two
lots:
Lot 1-- A one -acre building lot for a single family home with reduced lot size. (Minimum
lot size in WSP is 1.84 acres, or 80,000 sq. ft. The remaining 0.84 acres will be added to
Fitzgerald Lake Conservation Area rather than be included in this single family home lot.)
Lot 45 -1.169 acres for an expansion of Fitzgerald Lake Conservation Area. (0.84 acres is
being donated. to the City and 0.33 acres is being purchased by the City). This land will be
permanently protected open space and conservation land. When funds are available, we hope to
eventually reclaim the historic wetlands on this site.
The project is several years in the making, and it has support of the Conservation Commission,
which sponsored the project. The Conservation Commission found that the Sullivan parcels have
very high conservation and public access value. The Open Space and Recreation Plan: 2005-
2010 recommends expanding the Fitzgerald Lake Conservation Area. And on April 2, 2008 the
Community Preservation Committee found that its funds could be used to expand the Fitzgerald
Lake Conservation Area. The Broad Brook Coalition supports the project and is paying for the
survey. The Community Preservation Committee supports the project and is paying for the 0.33
acres being purchase, which will be used to pay off back taxes.
The project meets all applicable zoning:
350 -6.3 Reduction of dimensional density regulations and 350 -10.1 Special permits. 350 -6.3
authorizes the Planning Board to issue a special permit to change frontage, lot depths, setbacks,
building coverage and open space for a residential lot in a residential district. Lot 1 conforms to
City Hall - 210 Main Street, Room 11 - Northampton, MA 01060 - www.NorthamptortMa.gov - Fax 413 - 587 -1264
original printed on recycled paper
I \
all prior relevant zoning requirements and all of the requirements of the current zoning except for
the 80,000 square foot minimum lot size.
The reduction of the lots conforms to subsection C, Land donations; reduction of dimensional
density requirements. The land is contiguous and in common ownership, and will be used for
open space and conservation purposes. The project was reviewed by the Conservation
Commission, which confirmed the value and adequacy of protection and public use of the new
resource area. The consideration the city is paying is being used strictly to pay off back taxes,
which is equal to the value of the 0.33 acres that is not being donated.
We look forward to closing on this property as soon as the Planning Board acts on this
application.
Thank you for your consideration.
Sincerely,
Wayne A Feiden, FAICP
Director of Planning and Development
City Hall • 210 Main Street, Room 11 • Northampton, MA 01060 • www.NorthamptonMa.gov • Fax 413 - 587 -1264
original printed on recycled paper
Success
http: / /fs 12.formsite.com /fs 12_app /FormSite
Zoning and Planning Boards Application (use THIS as the form you print)
Do NOT leave this page until you are sure that EVERYTHING on it has
printed!!!!
Owner: David Sullivan
Address: PO Box 4052, Otis, Massachusetts 01026
Owner Signature -I authorize the City to inspect this property:
fN
Applicant: c/o Fciden /City of Northampton /c /o City of Northampton
Address: 210 Main Street Rm 11, Northampton, 1\4assachusetts 01060
4015871265, wfciden @northanmptonnna.gov
Applicant Signature- -I represent that under the pains and penalties of perjury:
1.. Two copies of the application (EXCEPT for ANR plans) have already been delivered to DPW.
2. The required sign has ALRL.ADY been posted on the property.
3. The information included herein is accurate
Work Location: Morningside Drive, Florence 01062
Map ID: 12c-097-001,12c-096-011, Deed: Boole 1823, Page 260, Zoning: SR, WSP, WSPII
Permit(s) Requested: PLANNING Special Permit w/ INTERMEDIATE Site Plan ($200, except flag lots
$1,000)
Regulations: 350 -6.3
Project: Create a single family residential home on one acre and preserve remaining land as permanently
protected open space.
PERNIIT CRITERIA (IGNORE "pipe," it refers to pennits you have not applied for.) �LL �/��
Finding criteria E �I „ E
IPipe: 245] l �� J_ LLL��7
IPipc: 2461
Appeal of Building Commissioner NOV 5 .2008
[Pipe: 252]
(Pipe: 1181
Comprehensive 40B Permit CITY CLERKS OFFICE
[pipe: 197] L. NORTHAMPTON, MA 01060
(pipe: 1961
Vari -mce Application:
[pipe: 249]
IPipe: 251
Special Permit and Site Plan Criteria:
PROTECT adjoining premises from seriously detrimental uses: Preserve the majority of die site to protect
groundwater as well as valuable ecological habitat
1 IITIGXIE and IVIINIIVIIZE traffic impacts: Reduces opportunity to develop more single family homes.
PROMOTE a harmonious relationship of structures and open space: Position of home and drive on lot visually and
physically conserves open space relative to surrounding conservation lands.
PROTECT the general welfare: Expands conservation areas and also reduces chance of ANR or subdivision type
development.
AVOID OVERLOADING and MITIGATE City resources: Project will have no more impact than an ANR unit
allowed by right
PROI\IOTE and NOT HARM City planning objectives: Protecting and conserNing addltnolnal acreage is consistent
with both Sustainable Northampton and Open Space Plmns.
Meet all zoning requirements: Analysis of regulation shows this development is in compliance.
Project only uses one curb cut, Project uses an existing side street
Project reduces future development of single f anily units that otherwise could have occurred.
I am providing justification that there will be no increase in traffic from the project; OR, Project has same impacts
as a single family home allowed by right as an ANR lot.
IPnpe: 1991
Requested Site Plan Waivcrs
5. Existing and proposed topography using 2' contours, 9. Existing and proposed landscaping, trees, plantings, stone
walls, buffers, and fencing, 11. Provisions for refuse removal and screening, 12. Lighting /Photometric Plan
(maximum 0.5 foot candles. at property boundary), Project is for a single family home only and simply replaces the
one home that would be allowed by right with an ANR plan
I have ALREADY posted the REQUIRED sign so it is visible from a public way
CITY CLERK USE: Sulnsinal.•_ /_ /OX
Dahbr _ /_ /OX
1 of 1 10/28/20084:05 PM
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File # MP- 2009 -0043
APPLICANT /CONTACT PERSON City of Northampton - Office of Planning & Development
ADDRESS /PHONE 210 Main Street ()587-1265()
PROPERTY LOCATION MORNINGSIDE DR
MAP 12C PARCEL 096 001 ZONE SR(100) / /WP /WSP
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
Building Permit Filled out W
Fee Paid
Typeof Construction: ZPA - SFH W /REDUCED LOT SIZE
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Strlctlre
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 PRESWTED:
Approved L Additional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER: § e' C
Intermediate Project : Site Plan AND /OR L' Special Permit with Site Plan
Major Project: Site Plan AND /OR Special Permit with Site Plan , w ''7S.
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding . Special Permit
Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Pernnits.Required:
Curb Cut from DPW
Septic Approval Board of Health
Permit from Conservation Conunission
Well Water Potability Board of Health
Permit from Elm Street Corrmnissior
4<< ✓L '
Signature of Building Official
Permit from CB Architecture Committee
Permit DPW Storm Water Management
4-j
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.
Water Availability Sewer Availability
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more 'information.
File No.
ZONING PERMIT APPLICATION 01 o.2)
Please type or print all information and return this form to the Building
Inspector's Office with the $15 filing fee (check or money order) payable to the
City of Northampton -
1. , Name of Applicant: e 1 -4 AL e_
Address: (0 r� l/ /U- Telephone: S � - 2
2. Owner of Property:
Address: o 3 a�L o S D JS M A 0) dad elephone:
3. Status of Applicant: Owner 1 Contract Purchaser Lessee Other (explain)
4. Job Location: s
Parcel Id: Zoning Map# Parcel # 7 ¢ District(s):
In Elm Street. In Central Business - District
(TOz BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/ Property: Ar o v $-P-
6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary):
zp-(_ -�-f-
7. Attached Plans: Sketch Plan Site Plan Engineered/ Surveyed Plans
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 Registry of Deeds?
NO DON'T KNOW YES
IF YES: enter Book Page and /or Document #
9.Does the site contain a brook, body of water or wetlands? NO 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)
W ADocumentsTORM S \original \BLd Iding- Inspector \Zoning - Permit -Appl ication- passive.doc 8/4/2004
C�
10. Do any signs exist on the property? YES _
IF YES, describe size, type and location:
NO
Are there any proposed changes to or additions of signs intended for the property? YES NO
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO -�
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: r / r Applicant's Signatur
NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architect>.0 al Boards, Department of Public Worlcs and other applicable permit granting
authorities.
WA Documents \DORMS \originaRBuilding- Inspector\ Zoning - Permit - Application- passive.doc 8/4/2004
EXISTING
PROPOSED
RE QLIIRED BY
ZONING
Lot Size
5-5 Gt, 5 C }'
1 gore,
I
rervm
G Goc~:)
Frontage
a `I S
2 y
Setbacks Front
3 0
Side
L: R:
L: ( R:
L: -90 R: 3ft-
Rear
�!
Building Height
Building Square Footage
as
Open Space: (lot area
/
minus building Et paved
5 /-
parking
# of Parking Spaces
# of Loading Docks
Fill:
(volume Et location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: r / r Applicant's Signatur
NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architect>.0 al Boards, Department of Public Worlcs and other applicable permit granting
authorities.
WA Documents \DORMS \originaRBuilding- Inspector\ Zoning - Permit - Application- passive.doc 8/4/2004
OPTION AGRI+JIi;NIENT
This Agreement is made this 31 day of October, 2007 by and between DAVID A.
SULLIVAN, PO Box 4052, East Otis, MA 01029 (hereinafter "Sullivan "), and the CITY OF
NORTHAMPTON, a municipal corporation acting by and through its Office of Planning and
Development, having a business address at City Hall, 210 Main Street, Northampton,
Massachusetts 01060 (hereinafter the "City ").
Recitals
Sullivan is the owner of 3.91 acres of land located on Morningside Drive in
Northampton, Massachusetts, said property being a portion of the property more particularly
described in the deed dated April 14, 1975 and recorded at the Hampshire County Registry of
Deeds at Book 1823, Page 260 and granted by a divorce decree to David A. Sullivan; and is
further shown as Parcel 9 on the Northampton Assessors' Map 11 (hereafter "Map ID 11 -9 ").
The City desires to obtain an Option to purchase Map ID 11 -9 and Sullivan is willing to grant
such option in accordance with provisions of this Agreement.
Sullivan is the owner of 2,23± acres of land located on Morningside Drive in
Northampton, Massachusetts, said property being a portion of the property more particularly
described in the deed dated April 14, 1975 and recorded at the Hampshire County Registry of
Deeds at Book 1823, Page 260 and granted by a divorce decree to David A. Sullivan; and is
further shown as the southerly 1 /2 of parcels 95, 96 and 97 on the Northampton Assessors' map
1.2C (hereafter "Map ID 12C -95 to 97 "). The City desires to obtain an Option to purchase a
portion of Map ID 12C -95 to 97, being the southerly 1.1 acres of the property and Sullivan is
willing to grant such option in accordance with provisions of this Agreement.
It is the City's intention, to which Sullivan concurs, to acquire Map ID 11 -9 parcel with
all due speed and to acquire Map ID 12C -95 to 97 when funding is available.
NOW, THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. GRANT OF OPTION
Sullivan hereby grants to the City an option to
purchase Map ID 11 -9 for a purchase price of One
Hundred and Three Thousand Dollars
($103,000.00), said funds which shall be used
exclusively for paying back taxes, interest, and
penalties to the City of Northampton on Map ID
11 -9 and other land owned by Sullivan within the
City of Northampton.
Sullivan agrees not to cut timber, remove any
-1-
minerals or subdivide the property in anyway on Map ID 11 -9 during the term of this Option
without the prior written approval of the City. Purchase price shall be reduced by twice the sum
received by Sullivan for any timber or minerals removed from Map ID 11 -9 by Sullivan, or its
agents or licensees.
The option shall be exercisable until midnight of April 15, 2008, time being of the essence. The
Option shall be exercised by mailing, certified mail, or hand delivering written notice of the
City's intent to exercise this Option to Sullivan's address listed above, said mailing to occur on or
before said date. The City may assign the right to purchase all or a portion of the land upon
giving written notice of such assignment.
The closing shall take place within seven (7) days after the date of the City's notice of exercise of
this Option at the Hampshire County Registry of Deeds unless some other time and place shall be
mutually agreed upon in writing.
In the event that the Option granted herein in not exercised by the City during the option period,
the option shall expire without the need for any further action by any parry.
In the event that the Option is exercised, Map ID 11 -9 shall be conveyed to the City by a good
and sufficient quitclaim deed, conveying a good, clear record, and marketable title, free of any
and all occupants and tenants, and free from all mortgages, liens and encumbrances, except:
a. Usual public utilities servicing the premises, if any;
b. Such taxes for the current year as are not due and payable on the date of
delivery of the deed;
c. Any liens for municipal assessments and /or orders for which assessments
may be made;
d. Restrictions and easements of record; and
e. Provisions of existing building and zoning laws.
2. CrRANT OF OPTION
Sullivan hereby grants to the City an option
to purchase the 1.1 acre Map ID 12C -95 to
97 for a purchase price of Thirty One
Thousand Dollars ($31,000.00), said funds
which shall be used exclusively for paying
back taxes, interest, and penalties to the City
of Northampton on Map ID 12C -95 to 97 and
other land owned by Sullivan within the City
of Northampton. The exact boundaries of the
1.1 acre boundary shall be worked out by
mutual agreement but shall be roughly as
shown on the sketch incorporated into this document.
In accordance with zoning requirements, 17,13 8 square feet, more or less, of this acquisition
-2-
shall be considered the sale for the agreed upon consideration and the remainder of Map ID 12C-
95 to 97 to be conveyed shall be donated. The City shall be responsible for obtaining the
necessary Special Permit to allow the remainin 1.13 acres of land to be retained by Sullivan to
qualify as a building lot for zoning purposes and may not exercise this Option until and unless it
is able to obtain this permit.
Sullivan agrees not to cut timber or remove any minerals or subdivide the property in anyway on
Map ID 12C -95 to 97 during the term of this Option without the prior written approval of the
City. Purchase price shall be reduced by twice the sum received by Sullivan for any timber or
minerals removed from Map ID 12C -95 to 97 by Sullivan, or its agents or licensees.
The option shall be exercisable until midnight of December 31, 2008, time being of the essence.
The Option shall be exercised by mailing, certified mail, or hand delivering written notice of the
City's intent to exercise this Option to Sullivan's address listed above, said mailing to occur on or -
before said date. The City may assign the right to purchase all or a portion of the land upon
giving written notice of such assignment.
The closing shall take place within seven (7) days after the date of the City's notice of exercise of
this Option at the Hampshire County Registry of Deeds unless some other time and place shall be
mutually agreed upon in writing.
In the event that the Option granted herein in not exercised by the City during the option period,
the option shall expire without the need for any further action by any parry.
In the event that the Option is exercised, Map ID 12C -95 to 97 shall be conveyed to the City by a
good and sufficient quitclaim deed, conveying a good, clear record, and marketable title, free of
any and all occupants and tenants, and free from all mortgages, liens and encumbrances, except:
a. Usual public utilities servicing the premises, if any;
b. Such taxes for the current year as are not due and payable on the date of
delivery of the deed;
C. Any liens for municipal assessments and /or orders for which assessments
may be made;
d. Restrictions and easements of record; and
e. Provisions of existing building and zoning laws.
3. RIGHT OF ENTRY
During the term of this Option, the City and its authorized agents shall have the right to enter
upon the parcels for any and all purposes consistent with surveying, inspection, testing,
measurement or other considerations of the City relating to the use of the parcels, including such
limited cutting of trees and brush as are needed to allow measurements. The City agrees to
indemnify and hold the owner harmless for any claims or damages to person or property arising
from such entry onto the parcels, and City further agrees to restore the parcels to their condition
prior to such surveying, inspection, testing, or measurement.
-3-
4. RIGHT OF EMINENT DOMAIN
If Sullivan cannot convey the Map ID 11 -9 and Map ID 12C -95 to 97 free of encumbrances as
provided for herein, the City may still elect to purchase one or both parcels. If the City elects to
acquire the parcels by eminent domain to clear title, in accordance with the terms of this option,
Sullivan shall agree to waive any rights to contest the taking or the award, provided the price paid
is not less than the option price contained herein and the parcels are taken prior to the expiration
of this option or any extensions which may be agreed upon.
5. ADJUSTMENTS
In the event of conveyance of one or both parcels to the City pursuant to the option granted in
this Agreement, real property taxes and related tax abatements shall be apportioned as of the day
of delivery of the deed for such parcel to such party. If the amount of said 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 be
ascertained, which latter provision shall survive the delivery of the deed.
6. HAZARDOUS MATERIALS
Sullivan states that to the best of its knowledge and belief, that there are no underground storage
tanks on the parcels, nor is it aware of any release or threat of release of oil or hazardous
materials on the parcels, as these terms are defined by M.G.L. c.21E. This clause shall survive
closing.
7. NO BROKER
Sullivan and the City each represent and warrant to the other that it has not been represented by,
nor did it engage, a real estate broker or any other person who could be entitled to a real estate
commission with respect to the transactions contemplated herein. Each parry shall indemnify the
other for any liability arising from a breach of the representation made herein.
8. TERMINATION OF AGREEMENT
This Agreement shall terminate upon the occurrence of.
(a) Closing of the sales of land as provided in this Agreement; or
(b) Expiration of the options described in this Agreement; or
(c) The written agreement of all of the parties to this Agreement.
9. CONSTRUCTION OF AGREEMENT
This Agreement has been executed in one or more counterparts and each executed copy shall be
deemed to be an original, is to be construed under the laws of the Commonwealth of
Massachusetts, is to take effect as a sealed instrument, sets forth the entire agreement between
the parties, is binding upon and inures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns and may be canceled, modified
or amended only by a written instrument executed by the parties hereto or their legal
representatives.
10. NOTICE
C:�
Except as otherwise provided above, any notice required to be given in this Agreement shall be
in writing and sent by first class mail, postage prepaid and shall be deemed to be duly given on
the date of the postmark and shall be sent to the address set forth in the first paragraph of this
Agreement.
11. SEPARABILITY
If any provisions of this Agreement or the application thereof to any person or circumstances
shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the
application of such provisions to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be
enforceable to the fullest extent permitted by law.
12. RECORDING
The parties agree that this Agreement may be recorded in the Hampshire County Registry of
Deeds by either parry.
IN WITNESS WHEREOF, the parties have executed this Purchase and Sale Agreement
as of the date first -above written.
SULLIVAN
I
ba
Witness v
Witness
j,✓ r - -
v I J
__1 p J.
David A, Sullivan
THE CITY OF NORTHAMPTON
Acting by and)throu jtc 4 �aor
IC —Il
C�J Cil P Slc��yt �J\ i CNI CiC t ' Qi
Approving epartr
Approved as to ap
Head: Wayne Feiden, AICP, Director of Planning and Development
n: /oyce Karpirjoi, City Auditor
In`p - prer'form and properly exq�p'Ltbd: Janet Sheppard, City Solicitor
-5-