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24A-034 (10) /9 -31/ Etheredge & Steuer, P.c. 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 May 14,2003 HAND DELIVERED MAY 1 4 2003 Anthony Patillo, Building Commissioner City of Northampton 210 Main Street Northampton, MA 01060 Re: Blackberry Lane/George and Mary Willard Application for Building Permit Dear Mr. Patillo: I understand George and Mary Willard have filed or intend to file an application for a building permit to construct a single family house on Lot 34 (Map 24A) on Blackberry Lane in Northampton. George and Mary Willard own an adjoining lot, Map 24A, Lot 69 (68 Ridgewood Terrace), where they currently reside. The Assessor's map shows the depth of Lot 34 as 96.25 feet on the northerly side and 95 feet on the southerly side, less than the 120 feet presently required in a URA zone. While the Willards may have acquired Lot 34 prior to the imposition of 120 feet depth minimum, they are not entitled to the "grandfathering" provisions of G.L. c. 40A, §6 because they own adjoining land. Under the common doctrine of merger Lot 34 is not a buildable lot. See Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (2001). Sincerely yours, Shelley Steuer SS/kap