Loading...
05-053 2 "3 4 5 6 TPTTFTF ♦L C11 ZIIIII 11L O 1 6 0 [ 9 S b C 2 l , ` L�r.'•yG I IllII IIII ' III I �IIIII Iill�lllllll �IIVIIIV II IIIIIIII II I111�1 I I III II I I.... li IIII III1.111 - .�` •,j. y� �l`� �_.�.�"�5.51'S''C R>✓ E gyp..,f A� - y .> F7"MIRE COUNTY OF OEEDS oncce c.wv of 315� �'1A.PY A.61CJG/w-ToN i P ro BE SET 0.001 V Ce 7IFY 7wr AW dYAWYA4V,'t A/ s. 10. cnw,xysmT,rer�etzr,�.,.Ao /.P EiVO • \, rCC.Sa✓kYK 3T t5"We pr Hei e- 6 -SS=tO!✓ �Xl �(.Q�tl R4�EYXKN Ai!'Q3VfOcl�flCTi/ Oi,4W.xSIIOKTT.7..iL4tTitECiSt'KEI ✓O//N/sl P.4e.SONS e 1C6e77)rY rAW Th15/YAN A405 AMAI OO.POTf,>!Y V f�.tSONS PXVPARVIV avJC"nr Ksr# rAr P4J^'RS'/7G Ac s.W,a r cs c- n .-REb'STE.�S G�A°EQS T1lE L PG.SW CK/OZ—PG.Z7 cu��wcRSSacausEtss of.* 1. O. r. PL.4t/ OF 4.4AV X77 Al DRAW O-A"r A1Oe7,V4rNPTON, /WMWCR=,CTTS CHEMP:DAvr CNElKED�QI✓:T.:� :Mili�iii'- - � � P[fEP.dPEO FLi[ _ - M►RpvEOL OyA✓-T. slOJEPfH D/C&IMMN u"LE' '-/00' DATE:✓Gf-Y 3/y7$ Pi ..� ALMER MUNTLEY.JR.d ASSOCIATE?, INC.. � REGISTERED LAND SLVtV ORS A Cry1L L%paM " xar^DO •-a° o rran-Arrow.- MS hEAAAMT 5T•REET c NORThIAMPTON, MAW. .YQ7 ,6r O a b b SNOT/ CC / 1 lit p S11: •1 E 1 i t t 1 0 1 6 S l 9 S ♦ f 2 l �" ` --Z.!°1 S.� I •III I I I II � II III`` I III i IIII 1 IIII II IIII�II 1 III1�1 II I I I III � � � � it 11 IIII 111111111 it I'llll 111 � III � I I �� h F"PS-11IRE- L �.SEP/SI C.O/lt'/•t/SOA/t \ I m-Q"w�pE p OF 13I oEe cwvo of gn 2 r ,oWPr. ..Q/CAWAISON /r aar _ 1 "'a=--�•`•� /6 /r. nV refs' d - -- LPG. 0„ _ � 4 u BE SET 400.00' p !_43f .OM6-1S s a � /cE,eTiFr�xer�va,s>ya�Y�avostov �i � 1 � �rkarxysm�ze�Er.Weax,sm�auerc,.uo 1\p rerswra srwoa�s�xr�rAexmc /P. FW499. -�. rT J 011C.6tD-MftWWAfn.rCaVMWWtG711 f9=SS=fO�✓ /OF.(t7 ��jii � of/1rI�IOfY�TT?.,FKtTA[t+�it'KE� . ✓GWN Q lceA7zry�c�vrrr JWrll AV oo.POryr IV~540ovS AWC5 Aye A%"ArA24,a Oil ME /2:Av OK./OZ- ,- .e7 ca n a�:+cassArausEtts' IWAII tiac 'r , s s. N DRAW E: .T4JL..7S PL" of GA.UO /N O-A►'•X.?+ TPA"D:S.6.W.; NORrf/.4MP7VV, 'WIT C.y!/.SErrs cMECKEC awz AL PeEPXleEO FQC ""040 pyI✓r, >J'GiSEPH D/C'.G'//V3'ON WALE! /� DATE:✓uGY�/97yZ 4' /s7� `/ AUNER HUNTLEY.3R,a ASSOCIATES, 1N C.. RlGI3TERID V.ND 3UNfl'OR3• CIVIL ENCRAM!S 125 PLEA.%AUT STIrEET NORTHAMPION, MASS. A ll'a IS O V 41 `NO .Jt7 o !MEET 7 cr (?6 ' `\ ._..{.. ..-_ H.\:�n^.-•'r,`.COUNT? ....,... I ...-,e•.N� A, r.JS J 9e 6-' 4 \ `, PeceME 1a1 Rn OM ' k. \ ` DEC1 b 1978 p, bix.°.Celut�fok Acp:. h`CI Or-CR CQA,D RlCj/S.'CRJ U3C O`\ 'Orfrivsov m` \ . Aker 'Ole.P1.15ou •� .oc,oA !za9 •PAGC roc 0 s\ � 't3\`\ 4C.Pf3 � 6r3TCM 7,790/OC \ - __ rO7G6•:: — •-d•/OA! 15"AIr %,AAIA.E!3 \ .�1CALM.{/ TuaT �O.II/PgNY BOO.0 7ZZ3 - Ay r IJ 0x "�X� Ea+wIATIOn=:C7A/r Ak4Ar I'V lANQ rAr DESIrA- /UOPTL/4iL1r°'cZU /17455,J1L/USfTTS °"A"'N`•.O((/A T(ZY rCY.eTifY TWX Ti//a ArAA/MAS CCZ.s/ JC/R✓EYED fLLP APE"a ;4.UUAI111 raE.FaeM.rr,w.TN 7Aj- JQSf,OLD D/lf%USDU flCT ZS O .X1 .X] 13 .ECXCJ.6(/n�('fGUL ATMN3 Of TIRE SCKE: /� SO• Xk,-j2)3 OC 7A.r WR:GiCZ 7, 1976 MCTCRS fOMMON.E.La•AC7{/OF•IIA.S ESICi/USfTTs /ZS O .v eo ZJ \�q ALMER HUNTLEY, )R. & ASSOCIATES, INC. J!(jNfOT �. pgR:LKw SURVlYURS - ENGINEERS - PLANNERS _ 1N0N[fON _ 125 PLEASANT STREET O47E �./976 ' ° `• NORTHAMPTON, MASS. �2 S� r 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.