29-314 (3) With respect to the failure to obtain a building permit for the
construction of the swimming pool, please be advised that the swimming
pool has been removed and the deck to the swimming pool will be removed
by September 30.
Please let me know if you have any questions. You can also contact
Attorney William St. James, the Attorney for Myrtle Svoboda, in the event
that you wish to verify the contents of this letter.
Sincerely,
Patrick J. Melnik
cc. Attorney William St. James
M5231-1
A& oqy .3 14
MELNIK LAW OFFICES
Attorneys At Law
110 King Street cep 2 Q KOS
Northampton, Ma. 01060 i
Telephone(413)584-6750
Fax(413)584-6789 _.-
Patrick J.Melnik,Esq. email:pmelnik @verizon.net
Patrick J.Melnik Jr.,Esq. patmelnikjr @verizon.net
September. 3, 2008
Anthony Patillo
Building Commissioner of the
City of Northampton
212 Main Street
Northampton, MA 01060
RE: Tracy Canon— 324 Acrebrook Drive, Florence
Dear Mr. Patillo:
As you may recall, there was a pending complaint for zoning
enforcement filed by Tracy Canon's neighbor, Myrtle Svoboda, with respect
to the construction of the garage at the Canon property.
In August of 2006 I advised you that a claim had been filed in the
Hampshire County Superior Court with respect to establishing title to the
property by way of adverse possession to confirm that Tracy Canon had
indeed had sufficient lot area to meet set back requirements of the zoning
ordinance of the City of Northampton.
I am reporting to you now that the case has been resolved and an
agreement for entry of judgment is to enter, establishing that Tracy Canon
has sufficient side yard set back to comply with the zoning ordinance of the
City of Northampton with respect to the construction of her garage. A new
plan is to be prepared and recorded in the Hampshire County Registry of
Deeds reflecting the correction of the property line that has been established
by way of adverse possession.
TOWN OF ASMELD 412 Main Street
MASSACHUSETTS 01330 PO Box 560
Ashfield,MA 01330
✓UpE 210 , Phone: 413-6284445
*.. Fax: 413-628-0228
`�9CHUSti' ': � ' t
POLICE DEPARTMENT
JOHN SVOBODA CHIEF
To: Owner of 324 Acrebrook Drive
From: John Svoboda,Former Resident of above
Re: Property line Fence
To Whom It May Concern:
This letter is to inform you that the existing fence located on the property line in question at 324
Acrebrook drive is in the same location as it was when I lived in that home. My mother Myrtle
Svoboda bought the house new. After purchasing the home she installed.a fence all around the
back and side property lines to include the right side next to the lizers residence.
On July 24,2006 I went to the property listed above to find the right side fence in the same
location as it was when I was a child and young adult. When I was a young adult I move out of
that house into my own, However I was still maintaining the property for my mother until she
sold the property to the current owner. I can say with complete confidence that the fence on the
lizer's side of the property line has been in that exact location for over twenty years as my family
owned the property for over thirty years. If you have any questions please feel free to contact me
at my office number listed above.
Sincerely,
`)o&Ste,
John Svoboda
4
August 24, 2006
Patrick . Melnik, Esq.
110 King Street
Northampton, Ma 01060
(413) 584-6750
BBO #342440
Patrick J. Melnik, Jr., Esq.
110 King Street
Northampton, Ma 01060
(413) 584-6750
BBO #663089
5231 comp)
i �P r1A
3
constructed on the Canon property had been constructed on Laizer
property. Laizer also complained that the garage that had been
constructed by Canon had been constructed too close to the side
yard of the lot violating the side yard set back requirements of the
Zoning Ordinance of the City of Northampton.
11. This action is brought to quiet title to this property and establish
the rights of the parties with respect to the property located to the
north and the east of the fence line constructed by Myrtle
Svoboda.
12. Tracy L. Canon alleges that she is the rightful owner of this
property and has established title to this property by way of
adverse possession.
13. Tracy L. Canon is seeking, by way of this action, to confirm title to
this property and to enjoin the Defendants, or their successors in
title, from trespassing on this property or otherwise making claims
to title hereafter.
WHEREFORE, the Plaintiff demands:
1. That this court enter judgment in favor of the Plaintiff establishing
title to the property located to the north and the east of the fence
line constructed by Myrtle Svoboda to be held by Tracy L. Canon
free from the claims of the Defendants in this action.
2. That this court issue a permanent injunction permanently restraining
the Defendants, Shirley A. Laizer, Carol L. Sadlowski and David E.
Sadlowski, or their successors in title from entering onto the
property that is the subject matter of this lawsuit or otherwise
making any claims to title to this property hereafter.
3. For such other relief as this court may deed just.
2
of Myrtle Svoboda who had owned the property at 324 Acrebrook
Drive since 1971. See Exhibit "B" attached.
5. At the time Tracy L. Canon acquired title to the property at 324
Acrebrook Drive in Florence she was made aware that a fence had
been installed between the Svoboda property and the Laizer
property and it was represented to Tracy Canon that the fence was
the boundary line between the two properties.
6. This fence had been constructed by Myrtle Svoboda, or agents on
her behalf, approximately twenty-five years ago and was placed
upon what the parties, Svoboda and the Laizers, both believed to
be the property line between the two properties.
7. For a period in excess of twenty years Myrtle Svoboda and
subsequently Tracy Canon, since she acquired title to the property,
have used and occupied the area on the Canon side of the fence,
openly, notoriously, adversely and without permission from Laizer
in such a way that it would appear to anyone that Svoboda and
later Canon were the true owners of the title to this property.
8. Tracy L. Canon has, since acquiring title to the property, installed a
stockade fence along the southerly side of her property up to and
abutting the fence that had previously been constructed by
Svoboda. Tracy L. Canon has also had a swimming pool installed,
trees cut, stumps ground and has had a garage constructed
attached to her home, all being done in reliance of what the parties
believed to be the true property line between the parties.
9. Tracy L. Canon alleges that the owners of 334 Acrebrook Drive
assisted her with the layout and location of her swimming pool and
at all times appeared to accept the fact that Tracy L. Canon was the
true owner of all of the property to the north and east side of the
fence that had been constructed by Svoboda.
10. Recently, Shirley Laizer has complained to the Building Inspector
of the City of Northampton that the swimming pool that had been
1
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, S.S. DEPARTMENT OF THE
TRIAL COURT
SUPERIOR COURT DIVISION
CIVIL ACTION No.
TRACY L. CANON, ]
Plaintiff ]
]
V. ] COMPLAINT
]
SHIRLEY A. LAIZER, ]
CAROL L. SADLOWSKI, and ]
DAVID E. SADLOWSKI, ]
Defendants ]
1. Tracy L. Canon is an individual who resides at 324 Acrebrook
Drive, Florence, (Northampton), Hampshire County,
Massachusetts, and is the Plaintiff herein.
2. Shirley A. Laizer is an individual who resides at 334 Acrebrook
Drive, Florence, (Northampton), Hampshire County,
Massachusetts, and has a life estate in the property at 334
Acrebrook Drive, pursuant to a deed recorded in Hampshire
County Registry of Deeds in Book 8824, Page 123, a copy of
which deed is attached to this Complaint and marked Exhibit "A".
3. Carol L. Sadlowski and David E. Sadlowski have the remainder
interest in the property located at 334 Acrebrook Drive, pursuant to
the aforesaid deed attached hereto and marked Exhibit "A" and
also reside at 334 Acrebrook Drive with Shirley A. Laizer.
4. Tracy L. Canon acquired title to the property at 324 Acrebrook
Drive, real estate abutting the Defendants by a deed recorded in the
Hampshire County Registry of Deeds in Book 5530, Page 201.
Title to the property was acquired from an individual by the name
r
-3-
In the event that Tracy Canon loses her claim to title to this property by way
of adverse possession she would agree to remove the swimming pool at the
conclusion of the Superior Court case and would then file an application for a
variance with the Zoning Board of Appeals for a violation of the set back
requirements for the garage.
I am also sending some correspondence from neighbors and John Svoboda,
the son of Myrtle Svoboda, the prior owner of the property who is currently the
Chief of Police of the Ashfield Police Department, indicating it was his mother who
installed the fence and he is certain that it had been in place for over twenty years.
Based on this and the other evidence I have indicated in this letter, we feel that there
is a strong likelihood that Tracy Canon will prevail in her claim of title by way of
adverse possession.
Therefore, I would appreciate it if your office will do the following:
1. Suspend any action on the garage set back violation until such time as
Tracy's Superior Court civil action is resolved and/or , if necessary, her
application for a variance to the Zoning Board of Appeals is resolved.
2. Accept for filing, without action, a retro-active building permit for the
swimming pool with said permit to issue by your office only if Tracy Canon
prevails in her Superior Court action to establish title to this property by
adverse possession.
I can represent to you that as long as my office is involved in representing
Tracy Canon in this litigation I will keep you informed as to the outcome of any
proceedings.
in ely,
Patrick J. Melnik
08061eto)(84-86)
2
placed on the Canon property is on the Canon side of the fence line. During the
time that the Svobodas owned the property they used and occupied the entire
property up to the fence line considering it was their own property. Tracy Canon,
since she purchased the home, was under the understanding that the fence line was
"the property line and has cut trees and has had tree stumps ground up in this area.
All of this done with the knowledge of the Laizer family. In fact, when the
swimming pool was installed a member of the Laizer family helped the Canon
family lay out the location of the pool.
As you are probably aware, under Massachusetts laws if a person uses and
occupies real property and exercises dominion and control by way of fencing or
otherwise for a period of twenty years, openly, notoriously and adverse to the use
of the rightful owner, the title to the property passes to the person who is using and
occupying the portion of the property being claimed. By principal called "tacking"
the twenty year period for establishing title by way of adverse possession can be
established over a time period of multiple ownership of properties.
Therefore, Tracy Canon would contend that she has obtained title to this
portion of the property abutting the Laizer property that would give her the required
set back by way of adverse possession. I am in the process of filing a complaint in
the Hampshire County Superior Court wherein Tracy Canon is seeking to establish
confirmation of the acquisition of title to this property by way of adverse
possession. I expect that this court process will take approximately one year to
eighteen months to resolve itself.
If Tracy Canon prevails in her case in the Superior Court, and Superior
Court Judge confirms title by way of adverse possession, then Tracy Canon will
have the seventeen foot side yard set back to the garage that she constructed which
was indicated on the building permit application.mbeauregard @rbwd.com
With respect to the swimming pool, it was an inadvertent error on Tracy
Canon's part not to apply for a building permit for the swimming pool. She did
not understand that an above ground pool, like any other structure, would require a
building permit. She would, therefore, request that your office allow her to make a
retro-active application for a building permit for the swimming pool, but the
building permit not issue for the swimming pool until such time as she confirms title
to her property by way of adverse possession.
d � �31
MELNIK LAW OFFICES
Attorneys At Law
110 King Street
Northampton, Ma. 01060
Telephone(413) 584-6750
�y Fax(413)5846789
Pak J�1V7elnik,Esq. email:pmelnik @verizon.net
Patrick J.Melnik Jr.,Esq. patmelnikjr @verizon.net
August 24, 2006
Anthony Patillo
Building Commissioner of the
City of Northampton 1
212 Main Street
Northampton, Ma 01060
Re: Tracy Canon - 324 Acrebrook Drive, Florence
Dear Mr. Patillo:
Please be advised that I represent Tracy Canon who is the owner of the
property located at 324 Acrebrook Drive, Florence.
I am in receipt of your July 26, 2006 letter to Tracy concerning the
construction of her swimming pool and garage attached to her home.
At this point in time Tracy does not dispute the plot plan your office
received provided to you by Harold Eaton & Associates which was prepared from
pre-existing plans of record.
However, the prior owner of this property, Myrtle Svoboda, was the owner
of this home from the time when the house was built in 1971. At some point,
approximately twenty to twenty-five years ago, the Svoboda family installed a fence
between their property and what they believed to be the Lazier property. The
installation of this fence was placed upon what the parties believed to be the
property line between the two houses. This fence line is approximately seventeen
feet from the side of the newly constructed garage and the swimming pool that was