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05-053 330 Audubon Rd Zoning5 -53 see also �-�$ Etheredge & Steuer, pc. ATTORNEYS AT LAW 6.3 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D.ETHEREDGE SHELLEY STEUER' Also Admitted in New York and California Anthony Patillo, Building Commissioner City of Northampton 210 Main Street Northampton, MA 01060 1.113) 584 -1600 January 10, 2003 Re: 330 Audubon Road, Leeds Lynne Parsons Decision on Appeal of Building Commissioner Dear Tony: FAX (413) 585 -8406 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 6M, Page V. If you have any questions, please give me a call. EDElkap Enc. cc: Lynne Parsons Northampton Planning Department Very truly yours, V J. ward D. Et re ge M r s 1 JAN 13 2003 I L _ __ ----- ---- -- CFPT OF PLANNING N�R1tiAMGIiON, tip, F: \word \letters\ PAT11,L 16. E DE _/ PLANNING AND DEVELOPMENT . CITY OF NORTHAMPTON City Hall • 2 i o Main Street, Room ii • Nortbampton� MA o i o60 -3 i 98 • (4 87- 1 266 • R=587-i2,64 Waryne Feiden, Director • planning @ northamptonplanning.org • roro%nortbamptonp[anning.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. planning board • conservation commission -zoning board of appeals • h ousing partnership • redevelopment autboritN • northampton GIS economic development • communitv development • historic district commission - historical commission -central business architecture original prim mdon mxycledpaper 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. 9 CITY Ci ERVS pr PCE NEE ?;��z•- . , . ,,, . � �,,,�� 2 U 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. t �CCG 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. H1 CCEDV DrC 19 Clif C:ErKS Of ;!CE ________ r.. � -� t January 9, 2003 Christine Skorupski, City Clerk of the City of Northampton, hereby certify lat the above Decision for' -.an Appeal on the Building Inspector's Decision :om the Northampton Zoning Board.of Appeals was filed in the Office of the Lty Clerk on December 19, 2002, that twenty days have elapsed 'nX h !ling and that no appeal has been filed in thi ter. • o Attest: City C rk City of Northampton 12/12102 011S4pm P. 002 1- 1.__.. MEMORANDUM TO: Mark Ne3ame, Chair, Zoning Board of Appeals FR: Ned Huntley, Assistant City Engineer, Department of Public WorksAm/*/&- DA: December. l2, 2002 RE: File #03-A-25, Audubon Road, Map S, Parcel 43, Appeal of merger determination CC: file The Department of Public Works has reviewed the above referenced application for the following items: Traffic: Volume & Impact on City Street Roadway Capacity Adequacy of City Road Construction x Site Distances x Parking Utilities: x Drainage Into City Stormwater System Capacity of Stormwater Line Sanitary Sewer Water Other: x Driveway Openings The Department of Public Works has the following comments: x No Concerns project will not have an impact on any items reviewed Traffic Study is required Roadway does not have adequate capacity to handle the additional traffic Roadway is not adequately constructed to handle proposed increase in traffic Site Distances are not adequate for proposed project Parking spaces do not meet minimum requirements Parking spaces are too close to driveway opening Driveway openings are not adequate for proposed use City stormwater system is not adequate to handle increase in drainage Stormwater system does not meet minimum requirements for reduction of'I'otal Suspended Solids (TSS) Sanitary Sewer line is not adequately sired for proposed use Sewer line connection is not properly shown Water line is not adequately sized for proposed use Water Iine connection is not properly shown x Other Comments: • If appeal is granted, applicant woum be required to obtain curbcut/drivewway permit and all other applicable permits from the DPW. PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON City Hall • 21 o Main Street, Room ii • Northampton, MA o i o60 -3198 • (413)587 -1266 • R=587-i,264 Wayne Feiden, Director • planning@northamptonplanning.org • wnwnorthamptonplanning.org NOTICE OF EXTENSION Massachusetts General Laws Chapter 40A, Section 15 TO: The City Clerk of the City of Northampton DATE: October 24, 2002 Pursuant to Massachusetts General Laws, Chapter 40A, Section -15, the required time limits for a public hearing and said action, may be extended by written agreement" between the applicant and the Zoning Board of Appeals. This notice shall serve as the written agreement between Lynne Parsons, a/k/a Dorothy V. Parsons, for property located at 330 Audubon Road, Map 5, Parcel 53, and the Zoning Board of Appeals to extend the public hearing time frame on an application for-an Appeal of the Building Inspector's Decision to require a Variance, filed in the City Clerk's office and the Office of Planning and Development on September 26, 2002, for the above property until such time as the Zoning Board of Appeals can hold a Public Hearing. As part of this agreement, Lynne Parsons, a/k/a Dorothy V. Parsons hereby agrees to waive rights to a Public Hearing within the - sixty -five (65) day period and agrees to an extension of time for an additional sixty-two (62) days, from November 30, 2002 to January 31, 2003. AGREED TO: Zoning Board of Appeals By: Bob Riddle Lynn arsons, a/k/a Dorothy V. Parsons By: Filed in the City Clerk's Office n October 29, 2002. planning board • conservation commission • zoningboardof appeals • housing partnership • redevelopment authority • nortbamptonGIS economic development • community development - historic district commission • historical commission• central business architect tire original printed on recgcledpaper DECISION .I__/ 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: 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 zonmg; 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. 2 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 Commi ssioner's action, to require a Variance for the creation of a building lot, for Audubon Road, Map 5, Parcel 53, was in error. property located at 330 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 th this decision was filed with the City Clerk. e date that 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. L.� a3 -f APPEAL APPLICATION (Chapter 40A, Section 8, M.G.L.) 1 • Name of Applicant: A Lynne Parn -Dorothy v, p arsons ddress: 324 on Road_ do MA 0109 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 Districts) RR /WSP Street Address: 330+ Audubon Road Property Recorded in the Registry of Deeds. _ County: Hampshire B 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 se arate building lot on july 11, 1979 (see deed Book 2.111 Pa a 21 attached). Section 16.9 of the Zoning Ordinance was adopted on July 7 1988 establishin2 a WSP distridt 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. Sinee 1979 neither the ownershi nor area of either lot has chanized. Section 9.4 and G.L. c. 40A 4th 11 rovide 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 2b02 Applicant's Signature: V . P rc-�� g OFFICE USE ONLY: Date Filed: File # 007.pdf 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. 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, aWa DOROTHY V. PARSONS Edward D. Ether :i e, here a Dated: September 23, 2002 2 File # MP- 2003 -0036 1 -.. APPLICANT /CONTACT PERSON ETHEREDGE & STEUER, P.C. ADDRESS/PHONE 64 GOTHIC ST (413) 584 -1600 Q PROPERTY LOCATION AUDUBON RD MAP 01 PARCEL 053 001 ZONE RR/WSP THIS SECT ION FOR OFFICIAL USE ONLY: ENCLOSED REQUIRED DATE r4ew uonstruchon Non Structural interior renovations Addition to Existin Accesso 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 PRE 9NTED: 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, 2, q, to Finding Special Permit Variance* r/ Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: W Y Gti✓eS �0, lTUD G v� Lt�pinS �o� in Corn m-rm, pwrluf- V Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Petinit;frot[ _ ouservation Commission Permit from Elm Street Co scion Signature of Buildin fficial Permit from CB Architecture Committee 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. Please type or print all information and return this form to the Building Inspector's Office with the $io. filing fee (check or money Order) to the City of Northampton 1. Name of Applicant: Lynn Pars by her attorney d warrl n �rh a�� Etheredge & Steuer, P.C. Address: rotbi tn_n MA 01060 Telephone:. (413) 584 - 1 rnn 2. Owner of Property: Lynn Parsons a /k /a Dorothy V Parsons Address: 124 Atidnhnn ?nad, TPPd MA 01053 Telephone: (413) 586 -39 3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain) At tv. for Owner 4. Job Location: lot. west of 324 Audubon Ro d 6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary): Sinjzle residence than 2 so at n h e to be determined by location of perc and compliance with zoning 7. Attached Plans: Sketch Plan Site Plan (see deed and Plan Book 111, Page 83, attached) Engineered /Surveyed Plans X 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 DONT KNOW YES IF YES: enter Book Page and /or Document # 9. Does the site contain a brook, body of water or wetlands? NO DONT KNOW YES X IF YES, has a permit been or need to be obtained from the Conservation Commission? at rear of property Needs to be obtained Obtained date issued: (Form Continues On Other Side) +• cxisung use or Structure /Property: building lot open 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 D a, tol ent 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 By: >X NOTE: Issuance of a zonin Edwar Ethere ge her attorney g 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 EXISTING PROPOSED REQUIRED BY Lot Size ZONING Frontage E 62,460 62,460 O 175 175 �� Setbacks Front 40' N/A -. tf 0 Side L: R: L: >20' R: X20' L: 90 R: Rear > 50' Building Height N/A /-351 Building Square Footage N/A ± 2,500 Space (lot area n & ved rkin 10 0% 7 90% Eg nus king Spaces # of Loading Docks N/A N/A N/A N/A Fill: - (volume It location) N/A N/A OOO.pdf u 67076 i U 111 /- .11 MAAAAONYOSftO O1M'C .A1N Otto 0110 "T /OON a1 VMUAQ MI R N 0 W A L L M E N' B 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 Co",Mauxbo.sku •�; �' fitisj rsarwrld+l, for aoaridaatJoa paW, sod )n tdl 000ridetatjon of $15 ` !• smateo Dorothy V. Parsons, of 324 Audubon Road, (Leeds) • Northampton, Hampshire County, Massachusetts, 111c with 49U& o rsonuists 3dwJ@x&kx 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 - chusett:s, bounded and described as follows: Beginning at an iron pin not on said Southwesterly side of Audubon Road at the Southeasterly corner of the parcel herein con - veyed, the same being the Northeasterly corner of land of John M. Parsons i Dorothy V. Parsons, and thence running S. 69 55' 40" W. along said land of John M. Parsons 6 Dorothy V. Parsons 396.65 feet to an iron pin at other land of Joseph C. Dickinson & Mary A. . Dickinson; thence turning and running N. 28 391 38" W. 140.00 feet to an iron pin; thence turning and running N. 64 49 59 "•E. 400.00 feet to an iron pin not on said Southwesterly side of Audubon Road (the last two courses and distances being along said other land of Joseph Dickinson i Mary A. Dickinson); thence turning and runn- ing 3. 26 21' 01" E. along said Southwesterly side of Audubon Road / 175.00 feat to the iron pin act at the place of beginning; contain- ing 1.434 acres of land, more or lass:. Being the same 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 Alaer Huntley, Jr. & Associates, Inc., recorded in the Hampshire County Registry of Deeds in Plan Book ff , Page Z3 . Meaning and intending to convey and hereby conveying a portion of the premises described in dead 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. . .u•, , t�t4�L: �r�uyll. �� i.�.(.1. M 4 ...... '` m Dickinson) :• ry A. is naon »» ... ««...«..« r...«.«»..».»»«.... ».....«......... ».»»....«»»...» ..- » ------- -- - ..»»......... r . » » » » »........ »»..»».»»........ alp a111MUMIUMMof xaml4turns Hampshire, rr. ^MMONMALTH or NNSSAf.NUSE;TS »:""•''.�•'e"" �. «••�''`' 'r�.f.>..' (Susan J. Su1eski*wntAIk-76we �: Ej . • + ALIT ;; -`= 3 A. 2Qf W0111NO 118Aw a March. T r• ` -' L_ �� - Tema in Cammon — Tmmb by the Pmt "e ) 0IJW ti all SW. 6 AS AUMM sY cmAnu 4p7 of IM Sw1t t i� p°�wl r r ,«+rl .a.a ...dr. ae JIM s�11.e�J qe" R d,. t1Jt wN.time. WW VM oia .d • adY w rwre er w hY Owed L 4diur er *be Nuue d dw mink ooddwia� wrd im s eeedie VAL TIN ha 01mIdendw *AM ~ w eod hr w se eee}mo wWw A dt wWm membeoao ■wimm br dw wasm a anwfth ,.dKrea� All so * ertam ms,d ud wdWr efts M .. .. u --- A A N d L -....:rw. ed. sb&U ."M . dad I July 11, 19 79 Theo peaoaa)ty sppmW die sbo a numd Joseph C. Dickinson and idmow1WSW the foregoing lawwAw to be his tree act and deed, before me AdduNed•1br�'' ke ttuq Yea► La,, Put of w r d" .;. ar """Mm t_ �- 02'7as SEE BOOK PA XNOW ALL MEN BY THESE PRESENTS That 2, JOHN M. PARSONS, of Northampton, tlatapshirs Coup M tY. assschusette, is 01sideeatioa 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, with *MIME tsatssats Hampshire County, Massachusetts Wa�prdcAtc . A certain tract or parcel of-land situated on the Southwesterly side of Audubon Road in tha.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 vide 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. 81. 01' 10'. W. a distance of 600.00 feet partly along a stone wall and land now or formerly of.said Prank A. Seamans and along land now or formerly of Meadow Trust Company to an iron pin; thence continuing S. 8l° 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 Dickinson; thence turning and running N. 04. 17' 30" W. a distance of 421.27 feet to an iron pint thence turning and running. S on said Southwesterly i line c of Audubon 5Road t (thealastotwooicourses and distances being along said other land now or formerly of Joseph C. Dickinson and Mary Dickinson);•thence turnip 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. 46. 39' b9 E. a distance of 299.91 feet 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, 1976, prepared by Almer Huntley, Jr. a Associates, Inc. recorded in the Hampshire County Registry of Deeds. ofd /OZvy y) Being the same premises described in deed of Mary A.'Dickinadn•, 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. • 0 .1. f • t ' r 7? 7 . xee a a scakA hi tnn t this th rty -brat: dq or March I677 a tom._ — JohnUM. Parsons . toe�►tf adu>peft� .: Hampshire n. March 31, 1977 Tbm pub 4+peerod the ibo" •sued John K. Parsons and aeknowiedaed the teeoela; imdrimient to be hi act and de Erwt sue. NOOF Prnie � 'Leonard C. JekanowskDs eommWi n 1900..'. September 36, . ArM 4, IYR all 3 eesloot sad 29 ads 84 01111 a ImI ! am id. . �M \1� in . MIN a: oh �b 41 N tk So o 1 �a n y iil7 i R W 0 v h' I 2 0 1/ Q ti w� V 1� t a� d y k � 8 i° 4 ] w 2 N � w < " Z al = z J r r _ 2 " h Q W= �NNf V 1� t a� d y k � 8 i° 4 �f t h ' �L tt � Nj .` A IM y 6 N l �y ` V �• � � V � � O LW ` c hj . 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