05-053 (5) i
January 9 , 2003
I, Christine Skorupski, City Clerk of the City of Northampton, hereby certify
that the above Decision for'.an Appeal on the Building Inspector' s Decision
from the Northampton Zoning Board,of Appeals was filed in the Office of the
City Clerk on December 19, 2002, that twenty days have elapsed 'nce such
filing and that no appeal has been filed in thivMwttter. c
� o
Attest: (
City C-rLfrk
City of Northampton
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.
GG
c
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.
D v E�i 11
' #
! DEC 19
CITY f,!t S 0 f !CE
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.
LEC' 1 9
t,nCITY CL EfNS OMCE
2
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
Citig Hall• 21 o Main Street,Room ii • Northampton,MA o i o60-3198 (413)S87-1266 • B=587-1264
a• Wayne Peiden, Director • pl annin,q @northamptonplanning.orq wn mnortyamptonplanning.org
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 to require a Variance for the creation of a building lot for
property located at 330 Audubon Road,Map 5,Parcel 53.
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 boardof appeals •housing partnership•redevelopment autho'ritg•northanpton GIS
economicdevelopment•communitrdevelopment•historic district commission •bistoricalcommission•central businessarchitecture
origina(pri"ted on recvidea paper
- ----
-----------
-------
-------------- --
Official Receipt for Recording in; -
Hampshire County Registry of Deeds
33 King St.
Northampton, Massachusetts 01060
Issued To:
ATTV cDWARD ETHEREDGE
64 GOTHIC STREET
NORTHAMPTON MA 01060
Recording Fees
Document
- ------
---------------
------------*
Description Number Book/page Recording Amount
k-------------------- -
DS 00001131 6980 -*
PARSONS 57 $30.00
Collected Amounts $30.00
---------------
Payment -----------------
Type
------------------------------r, Amount
Che ------- - -
iou5 $30.00%
$30.00
Total Received :
Less Total Recordings: $30.00
$30.00
change Due ----------
$.00
Thank You
MARIANNE CNOHUE
Register of Deeas
By: Linda N
Receipt# Date Time
0001994 01/10/2003 01:24p
Etheredge & Steuer, Pc.
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
EDWARD D.ETHEREDGE (413) 584-1600 FAX (413) 585-8406
SHELLEY STEUER'
'Also Admitted in New York
and California
January 10, 2003
Anthony Patillo, Building Commissioner
City of Northampton -
210 Main Street
Northampton, MA 01060
Re: 330 Audubon Road, Leeds
Lynne Parsons
Decision on Appeal of Building Commissioner
Dear Tony:
I enclose date and time-stamped copy of the Zoning Board of Appeals Decision in the above-
referenced matter and a copy of the recording receipt. The Decision was recorded in the Hampshire
Registry of Deeds in Book 617$6, Page 5
If you have any questions, please give me a call.
Very truly yours,
J.
ward D. Et 4gge
EDE/kap
Enc.
cc: Lynne Parsons
Northampton Planning Department
FAword\letters\PATILL 16.EDE
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 FILLED OUT
Fee Paid
Buildin Permit Filled out
Fee Paid
Typeof Construction: ZPA-CONSTRUCT SFH
New Construction
Non Structural interior renovations
Addition to Existing
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
INFO ATION 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: §
Finding Special Permit Variance*
eceived&Recorded at Registry of Deeds Proof Enclosed��
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street CAmmission
Signature of Building Official 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.
AUDUBON RD MP-2003-0036
COMMONWEALTH OF MASSACHUSETTS
CITY OF NORTHAMPTON
Lot 0 ZONING PERMIT
Permit: ZONING PERMIT APP
APPLICATION PERMIT
Caegoy:
I Pet#__ IMP-2003-0036
I - --- PERMISSION IS HEREBY GRANT ED TO:
Project# �JS-2003-0368 Contractor: License:
�Est. Cost:--—j$0-.-0-0 ---- Homeowner as Contractor
Fee. _ $10.00
""Fi Owner: PARSONS DORTHY V
Applicant: ETHEREDGE&STEUER,P.C.
AT.* AUDUBON RD
ISSUED ON. 22-Jan-2003 AMMENDED ON: EXPIRES ON.
TO PERFORM THE FOLLOWING WORK
ZPA-CONSTRUCT SFH
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
Zoning Permit Application REC-2003-000651 28-Aug-02 4202 $10.00
212 Main Street,Phone:(413)587-1240,Fax:(413)587-1272
GeoTMS@ 2003 Des Lauriers Municipal Solutions,Inc.