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05-053 (4) DECISION FOR AN APPEAL OF THE BUILDING INSPECTOR'S DECISION UNDER MGL CH. 40A, SECTIONS 8 AND 15 On December 12, 2002, the Northampton Zoning Board of Appeals voted: 3:0 in favor of the Appellant's claim and determined that the Building Commissioner's action, to require a Variance for the creation of a building lot, for property located at 330 Audubon Road, Map 5, Parcel 53, was in error. This Decision is dated: December 12, 2002 This Decision was filed with the City Clerk on: December 19, 2002 Anyone aggrieved of this decision may file an appeal in accordance with MGL Ch. 40A, Section 17, with the Hampshire County Superior Court or the Northampton District Court and file notice of said appeal with the City Clerk within twenty(20) days of the date that this decision was filed with the City Clerk. This decision shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed, or if such an appeal has been filed, that it has been dismissed or denied, is recorded in the Hampshire County Registry of Deeds or Land Court, as applicable, and indexed under the name of the owner of record or is noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. DECISION Therefore, on December 12, 2002, the Northampton Zoning Board of Appeals voted unanimously 3:0 in favor of the Appellant's claim, based upon the following: 1. The Zoning Board of Appeals determined that there was insufficient evidence to support of the merger doctrine, as established by statute and subsequent caselaw, because: a. The appellant purchased the property as a future investment, without knowledge of a future zoning change. Thus, the appellant did not intend to freeze the zoning; b. There was no evidence that the appellant's husband had control over the purchase of the separate lot or over the appellant; c. Neither was there evidence that the appellant had control over the husband in the joint ownership of the abutting property so as to force conformance with current zoning; d. The issues of control and intent cited within the caselaw presented are not applicable to finding that a merger had occurred in this unique situation. CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 11, I,Angela Dion, Board Secretary, hereby certify that I caused copies of this decision to be mailed, postage-prepaid, to the applicant and owner on December 19, 2002. l � i 2 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON / CitV Halt• 2 i o Main Street,Room i i • Nort am ton MA o i o60 1 $ • (413)587-1-266 • Fax: '8 126 h p � 39 . 57- 4 a� WaNne Feiden, Director planning @northamptonplanning.org nwrq.nonbamptonplann.ingorg DECISION FOR AN APPEAL OF THE BUILDING INSPECTOR'S DECISION UNDER MGL CH. 40A, SECTIONS 8 AND 15 On December 12, 2002, the Northampton Zoning Board of Appeals held a public hearing to consider the appeal of Lynne Parsons under M.G.L. Chapter 40A, Section 15, of the Building Commissioner's action t nuir or the creation of a building lot for property locate Property recorded in the Hampshire County Registry of Deeds in Book 2111, Page 21. Members Present and Voting: Acting Chair, Sara Northrup, David Bloomberg and Malcolm B. Smith. The Board made the following findings of fact: FINDINGS OF FACT 1. On July 11, 1979, the Applicant, Lynne Parsons a/k/a Dorothy V. Parsons, purchased the property located on Audubon Road as a separate building lot for the purpose of acquiring an individual asset at fair market value. At the time the lot was purchased, it conformed to the zoning requirements for a single-family house lot. 2. At the time the lot was purchased, John M. Parsons and Dorothy V. Parsons owned the adjoining lot. 3. On July 7, 1988, Section 16.9 of the Northampton Zoning Ordinance was adopted establishing a Water Supply Protection district and creating a minimum lot size at 80,000 square feet. Such zoning change made the once conforming lot owned by the appellant non-conforming. 4. Since 1979, neither the ownership nor the area of either lot has changed. 5. On August 29, 2002, the Building Commissioner determined that the ownership of the 62,460 square foot lot in question owned by Dorothy V. Parsons (tenancy in its entirety), and the adjoining lot owned by John M. Parson and Dorothy V. Parsons, had merged thus creating a single lot. 1 planning board•conservation commission •zoning boardo of appeals •housing partnership•redevelopment authority•northampton GIS economicdevelopment •cornmunitpdevelopment •historicdistrictcommission •historicaIcommission•centraIbusinessarchitecture original prim tea on recycled parer