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.
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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.
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