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`/ AUNER HUNTLEY.3R,a ASSOCIATES, 1N C..
RlGI3TERID V.ND 3UNfl'OR3• CIVIL ENCRAM!S
125 PLEA.%AUT STIrEET
NORTHAMPION, MASS.
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J!(jNfOT �. pgR:LKw SURVlYURS - ENGINEERS - PLANNERS
_ 1N0N[fON
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O47E �./976 ' ° `• NORTHAMPTON, MASS.
�2 S�
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aFXeeuw as a aeale in tntment this thirty—first day 0A March 1877
.._.
JORRN. Parsons•
j
Hampshire OL March 31, 1477
Then penoaaly appeared the ibove named John M. Parsons
•.. •,_ and acknvwiataed the foresoirg iaatwment to ba hid
Bdorta tns,'.
No Pbuic-iW>f (
Leonard C. Jekanowa)*y commiedoa ex 1880
September 26, .
Apru 1977 At 3 ofeloot wd 29 min M bm'd. ftt'di•k ft m'd.
;D2709
09
SEE KNOW ALL MEN BY THESE PRESENTS
BOOK
PAG
That I, JOHN K. PARSONS,
of Northampton, Hampshire County,Massauhuaetta,
In consideration of One ($1.00) Dollar
grant to JOHN M. PARSONS and DOROTHY V. PARSONS, husband and wife
as tenants by the entirety,
of 73 Massasoit Street, Northampton, •
Hampshire County, Massachusetts
with quttr(atw tantaaata
tba�amk�c
A certain tract or parcel of land situated on the Southwesterly
side of Audubon Road in the.Village of Leeds, Northampton, Hampshire
County, Massachusetts, more particularly bounded and described
as follows:
Beginning at an iron pin set in a stone wall on said Southwesterly
side of Audubon.Road at the Southeasterly corner of the parcel
herein conveyed-and the Northeasterly corner of land now or formerly
of Frank A. Seamans and thence running
S. 810 01' 100. W. a distance of 600.00 feet partly along a stone
wall and land now or formerly of. said Frank A. Seamans and along
land now or formerly of Meadow Trust Company to an iron pin; thence
continuing
S. 810 01' 10" W. a distance of 107.06 feet along land now or
formerly of said Meadow Trust Company to a 1/2" iron pin set at
other land now or formerly of Joseph C. Dickinson and Mary Dickinsont
thence turning and running
N. 04' 17' 30" W. a distance of 421.27 feet to an iron pin; thence
turning and running
N. 69" 55' 40" E. a distance of 396.65 feet to an iron pin set
on said Southwesterly line of Audubon Road (the last two courses
and distances being along said other land now or formerly of Joseph C.
Dickinson and Mary Dickinson);•thence turning and running
S. 30. 07' 40" E. a distance of 176.65 feet to a point at the
corner of two intersecting stone walls; thence continuing
S. 30° 07' 40" E. a distance of 100.81 feet along a stone wall
to a point; thence running
S. 460 39' 09' E. a distance of 299.91 feet to the iron pin' set
in the stone wall at the place of beginning (the last three courses
and distances being along said Southwesterly side of Audubon Road);
containing 5.601 acres.
Being the same premises shown on a plan of land entitled "Plan
of Land in Northampton, Massachusetts, Surveyed for Joseph C.
Dickinson", dated December 7, 19764 prepared by Almer Huntley,
Jr. G Associates, Inc. recorded in the Hampshire County Registry
of Deeds. 0,8/OZ,Oy 7.1
Being the same premises described in deed of Mary A. 'Dickinson, alias,
and 'Joseph C. Dickinson, to John M. Parsons, dated December 14, 1976,
and recorded in Hampshire County Registry of Deeds, Book 1926,
,Page 323.
..........
67076 NAG/AC"Vw[VTO ourm MM o9so most?roam tootVIDUW"I
K N O W A L L M E N' H Y T H E S E P R E S E N T S
That we, Joseph C. Dickinson and Mary A. Dickinson, both
of Northampton, Hampshire C'Mmly,Massarbwetts' •r
Meg rsMnried,for eoadderatioa pall,and is full coaidetadoo of $15,000.00
Smteo Dorothy V. Parsons, of 324 Audubon Road, (Leeds) a
Northampton, Hampshire County, Massachusetts,
1tk with quUrUtm 990mllUb
xkalactim That certain tract or parcel of land situate on the South-
westerly side of Audubon Road, in the Village of Leeds, Northampton,
' Hampshire County, Massa- tTjoaodatkouoAiMatk chusetts, bounded and
described as follows:
Beginning at an iron pin set on said Southwesterly side of
4 Audubon Road at the Southeasterly corner of the parcel herein con-
veyed, the same being the Northeasterly corner of land of John M.
Parsons & Dorothy V. Parsona, and thence running S. 69° 55' 40" W.
along said land of John H. Parsons & Dorothy V. Parsons 396.65 feet
i to an iron pin at other land of Joseph C. Dickinson & Mary A. -
Dickinson; thence turning and running N. 28 39' 38" W. 140.00 feet
to an iron pin; thence turning and running N. 640 491 59" •E. 400.00
feet to an iron pin set on said Southwesterly side of Audubon Road
(the last two courses and distances being along said other land of
Joseph. C. Dickinson & Mary A. Dickinson) ; thence turning and runn-
j ing S. 260 21' Ol" E. along said Southwesterly side of Audubon Road
' 175.00 feet to the iron pin set at the place of beginning; contain-
ing 1.434 acres of land, more or less:.
Being the acme premises shown and described on a plan of land
entitled "Plan Of Land In Northampton, Massachusetts, Prepared For
Joseph Dickinson", dated July 9, 1979, prepared by Almer Huntley,
Jr. & Associates, Inc., recorded in the Hampshire County Registry
of Deeds in Plan Book f f , Page Z3 .
Meaning and intending to convey and hereby conveying a portion
of the premises described in deed of Mary A. Dickinson to Mary A.
Dickinson and Joseph C. Dickinson, dated October 15, 1957, recorded '
In said Registry in Book 1259, Page 160.
/ ...our»ha�nds `sad ad a day of..........»..ILuLl.X..»............ 1979..
}Giiic,QrZ:AC...�j�.,..,ll1Li.,(�.:.G.Lr.............. .... .�ir. .�f'�l:!�'•»'� »......_ • • •
✓ teph C..,, Dickinson)
... .».»..»»......»......».....»»_..»..........».».».»......... ry A:"15ic`kinson yt7 :;- cr
..............»...............».»...........»...................... .............,.........»......»..»»»._»...» _.......... ..
alp sooamattand* of Aw""fluatts
Hampshire, aa. July 11, 1979
They petaoaally appeued the above awned Joseph C. Dickinson .
and acknowledged the foregoing h atruawnt to be his free act and deed, before me
^1MM01jW A1T11 CP N AS54.t NUSf"TS (Susan J Suleski► 7 Fm+++e-- j
.x r� I I� O lyasmlwoa.ra+n. Marc ,
' r r ii•r i. , //`""" i.• .«�•1 -Teams in Coonmon--T'eaaaol by the PWttetJ.) ....,L
` CHArM iss UQ 6 AS A1alNDLD BY CHAFM 497 Of 1969 `��S C10'� '
isvd�dewt omneud tot record doll ea+tla or have eewloned upon k tlw full as en+ldenta and oat oaiaa addtm dt tbd•,�dt�d� i,
ad a natal of do amount of Um lag awiJeauim fiend la AMIar►a the awe of*A odw mtW&WIoa therefor.U sot dellvtnd'
ppeeifit mooetaq dean, 93d loll coaddaado"dMU lulu" the toll ptka tot the mover.aor VIUMa dedodk for alit kdet Qt.'
encumt wumed bt dw IR•nede or nnwnW dwroa All�swA ead�mwnttrand�tedmWdde"I h&u heeoe�d deed for W Of ao '
10. Do any signs exist on the property? YES NO X
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES NO
IF YES, describe size, type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
EXISTING PROPOSED REQUIRED BY
ZONING
Lot Size D
62,460 62,460
Frontage
175 175
Setbacks Front N/A >40'
Side L: R: L: >20' R: >20' L: 90 R:
Rear >50'
Building Height N/A 4. 35'
Building Square Footage
N/A ± 2,500
% Open Space: (lot area 1007 7 907
minus building fr paved parking
# of Parking Spaces
N/A N/A
# of Loading Docks
N/A N/A
Fill: N/A N/A
(volume Et location)
12. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Lynn Par s
Date: 8/21/02 Applicant's Signature B -
Edwar Ethere ge her attorney
NOTE:Issuance of a zoning permit does not relieve an appli is burden to comply with all zoning
requirements and obtain all required permits from the Board of Health,Conservation Commission,
Historic and Architectural Boards,Department of Public Works and other applicable permit
granting authorities.
OOO.pdf
tile No. I W-y 3 -36o
APPLICATION(§10.2)
Please type or print all information and return this form to the Building
Inspector's Office with the $lo.filing fee (check or money order)payable to the
City of Northampton
1. Name of Applicant: Lynn Parsons by her attorney Edward D Etheredge
Etheredge & Steuer, P.C.
Address: 64 Gothic, St_ Northam=ton, MA 01 060 Telephone: (413) 584-1600
2. Owner of Property: Lynn Parsons a/k/a Dorothy V. Parsons
Address: 324 Audubon Road, T Peds, MA 01 051 Telephone: (413) 586-3982
3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain) Atty. for Owner
4. Job Location: lot, west of 324 Audubon Road
Parcel Id: Zoning Map# Parcel# District(s): / / w
In Elm Street District In Central Business District
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property: building lot, open
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
Single family residence, less than 2.000 sq. ft. , location of house to be
determined by location of perc and compliance with zoning
7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans X
(see deed and Plan Book 111, Page 83, attached) w/o building site
8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO X DONT 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 X
at rear of propert.
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)
File#MP-2003-0036
APPLICANT/CONTACT PERSON ETHEREDGE&STEUER,P.C.
ADDRESS/PHONE 64 GOTHIC ST (413)584-1600 Q
PROPERTY LOCATION AUDUBON RD
MAP 05 PARCEL 053 001 ZONE RR/WSP
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FI LED OUT
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA-CONSTRUCT SFH
New Construction
Non Structural interior renovations
Addition to Existin¢
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 PRESENTED:
Approved Additional permits required(see below)
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project: Site Plan AND/OR Special Permit with Site Plan
Major Project: Site Plan AND/OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: § (Q - q, �� Lof YG�t✓�S
Finding Special Permit Variance* ✓ ' D ��
tv Cis lot rn
Received&Recorded at Registry of Deeds Proof Enclosed V mv'l 0W $►`�i
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit-frorx Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Co ssion
469
Signature of Buildin fficial 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.
The court looked at the nominal consideration, that a single owner (Albert's
corporation) transferred the lots, that there was no evidence that even the nominal
consideration had been paid, and that Albert subsequently filed a subdivision plan with
no participation by Anna. id. at 645. Here, the lot was marketed as a building lot by Joe
and Mary Dickinson. The applicant, Lynne Parsons, paid the market consideration
herself. The lot was purchased by her with the hope that one day one of her children
would use the lot. The lot was purchased in 1979, the zoning change was in 1988. No
ownership change in either of the lots has occurred in over twenty-two years.
In Carciofi v. Board of Appeals of Billerica, 22 Mass. App. Ct. 926 (1986), a
husband owned lot 3 individually and lot 2 in common with a business partner when the
zoning changed making both lots pre-existing non-conforming lots. Three years after the
change, the partner conveyed his one-half interest to the husband and his wife. Thus, the
husband owned 100% of lot 3 and 75% of lot 2. The building inspector determined that
the lot 2 had now merged into lot 3 and required a variance. The variance was denied,
and the husband appealed. The court ruled that no variance was required because the lots
were "grandfathered", " . . . there was no single ownership of both lots at the time (or at
any time), as lot 3 was owned by [the husband] and wife as tenants by the entirety."
Here, like Carciofi, there is separate ownership of the adjoining lots, and there is
no evidence of"control" as in DiStefano that would defeat the separate ownership. It was
a market purchase of a separate building lot and not a scheme to checkerboard a
development to protect it from zoning changes.
CONCLUSION
The decision of the Building Commissioner that the lot requires a variance
because it is not grandfathered is not in accord with the law and should be reversed.
The Applicant,
LYNNE PARSONS, a/k/a
DOROTHY V. PARSONS
By:
Edward D. EtherAe, e atto rney
Dated: September 23, 2002
2
MEMORANDUM IN
SUPPORT OF ZONING APPEAL
The Building Commissioner determined that the ownership of the 62,460 square
foot lot is in common ownership with an adjoining lot owned by John M. Parsons and
Dorothy V. Parsons as tenants by the entirety For that reason, the Building
Commissioner determined that the separate lots, acquired at separate times, by separate
deeds on separate plans by separate purchasers, merged. This "merger" is claimed by the
Building Commissioner to defeat the "grandfathered" protection enjoyed by conforming
single family lots under G.L. c. 40A, §6, fourth paragraph and Section 9.4 of the
Northampton Zoning Ordinance.
Facts:
1. Deed, Book 1943, Page 176 to John M. Parsons and Dorothy V. Parsons dated
March 31, 1977.
2. Plan,Plan Book 102, Page 27, dated December 7, 1976.
3. Deed, Book 2111, Page 21 to Dorothy V. Parsons from Joseph C. and Mary A.
Dickinson dated July 11, 1979.
4. Plan, Plan Book 111, Page 83, dated July 9, 1979, ANR Plan (conforms to
zoning).
ISSUE: Whether Dorothy V. Parsons as the owner of the non-conforming lot has
"control" over John M. Parsons, her husband, the co-owner of the adjoining lot which is
claimed by the Building Commissioner to have"merged", forming a single lot?
ARGUMENT
Attempts to avoid the "doctrine of merger" and freeze existing lots have focused
on (1) the status of the lot immediately prior to the zoning change, and (2) the extent of
control, not simply the form of legal ownership, at the time of the zoning change.
Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 240 (2001); DiStefano v.
Town of Stoughton, 36 Mass. App. Ct. 642, 645 (1994).
In DiStefano, supra, the corporate landowner sought to "checkerboard" a forty lot
development by transferring adjoining lots from the corporation to himself, a realty trust
of which he was the trustee, and to his wife, Anna. All of the transactions were from a
corporation, all of the sales were for a consideration of"less than $100.00" and there was
no evidence that the consideration had ever been paid. The court noted;
"Anna, merely by reason of her being Albert's wife, is not
automatically a controlled person so far as the lots to which she
received title are concerned." id. at 645.
1
O�)
APPEAL APPLICATION
(Chapter 40A, Section 8, M.G.L.)
1. Name of Applicant: Lynne Parsons, a/k/a Dorothy V. Parsons
Address: 324 Audubon Road. Leeds. MA 01053
Telephone: 586-3982
2. Owner of Property: Same
Address:
Telephone:
3. Status of Applicant: X Owner Abutter Other(explain):
4. Parcel Identification: Zoning Map Sheet# 5 Parcel# 53 ,
Zoning District(s) RR/WSP Street Address: 330+ Audubon Road
Property Recorded in the Registry of Deeds:
County: Hampshire Book: 2111 Page: 21
5. Sections of Zoning Ordinance under which Alleged Zoning Violation is occurring and/or
Appeal is being filed: Section 9.4 - ,Page 9.4 -
6. Narrative Description of Alleged Zoning Violation and/or reason for which Appeal has been
filed:The area of the lot is 62,460 (see portion of Plan, Book 111, Page
83, attached) . It was purchased as a separate building lot on July 11,
1979 (see deed Book 2111 Page 21 attached) . Section 16.9 of the Zoning
Ordinance was adopted on July 7, 1988, establishing a WSP district and
creating a minimum lot size at 80,000 square feet.
At the time the lot was purchased, an adjoining lot was owned by John
M. Parsons and Dorothy V. Parsons. Singe 1979 neither the ownership nor
area of either lot has changed. Section 9.4 and G.L. c. 40A (4th 11) provide
that an increase in area shall not apply to a single family residential
lot which conformed to existing zoning requirements when the lot was
created.
Date: �?P �-�v ;2_6021 _Applicant's Signature: xit
OFFICE USE ONLY:
Date Filed: File#
007.pdf 2
4��xA7►fp�,
City of Northampton, Massachusetts O p
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (4138
FAX (413) 501111011110 —59 7 — oa?6 cr x
• Community and Economic Development
• Conservation •Historic Preservation `"'"`� Jo
• Planning Board•Zoning Board of Appeals
• Northampton Parking Commission
TO: Anthony Patillo, Building Inspector
RE: Permit application
FROM: Angell Dion, Board Secretary/OPD
DATE: r
Would you please review and return the
enclosed �'�� application
before the Planning g Boar onin Board of
ppeal meeting scheduled for 2 so
that we can advise the .Boards of any
concerns you may have.
DEC
Thank you.