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Timperio v. Zoning Bd. of Appeals of Weston

Appeals Court of Massachusetts, Suffolk

August 16, 2013

Nicolas TIMPERIO, trustee,[1]
v.
ZONING BOARD OF APPEALS OF WESTON & another.[2]

Argued April 8, 2013.

CIVIL ACTION commenced in the Land Court Department on September 1, 2011.

The case was heard by Gordon H. Piper, J., on motions for summary judgment.

[993 N.E.2d 1213] Nicholas P. Shapiro (Jeffrey T. Angley with him), Boston, for the plaintiff.

Katherine D. Laughman, Boston, for the defendants.

Present: KANTROWITZ, GRAHAM, & WOLOHOJIAN, JJ.

GRAHAM, J.

The plaintiff, Nicolas Timperio, trustee of the Newton Street II Trust, appeals from a decision of a judge of the Land Court granting summary judgment to the defendants and affirming the decision of the zoning board of appeals of Weston (board) denying Timperio's application for a variance and special permit for a parcel comprised of lots 8 and 9 as shown on a plan dated April 8, 1925, and recorded on April 21,

Page 152

1925 (the 1925 plan).[3] ALBEIT FOR REASONS different from those stated by the judge, we affirm.

Background.

On December 1, 1994, by a single deed, Nicolas and Robin Timperio took title to lots 7, 8, and 9, each fronting on Newton Street in Weston, as shown on the 1925 plan. Lot 7 contains approximately 23,550 square feet with 106 feet of frontage; lot 8 contains approximately 18,410 square feet with 106.2 feet of frontage; and lot 9 contains 6,467 square feet with 73.4 feet of frontage. Lots 8 and 9 together contain 24,877 square feet and 179.6 feet of frontage. When considered as a single parcel, the three lots together contain 48,427 square feet and 285.6 feet of frontage.

Shortly after the lots were created in 1925, lot 7 was sold separately from lots 8 and 9. Lots 8 and 9 have never been in separate ownership from one another, and the plaintiff concedes they have merged for purposes of zoning. Lot 7 remained in separate ownership from lots 8 and 9 until 1984 when Richard and Jane Cutter, who had taken title to lot 7 in 1967, took title to lots 8 and 9 as well. The three lots thereafter remained in common ownership and were conveyed to the Timperios by a single deed in 1994.[4]

Weston first adopted its zoning by-law (by-law) in 1928, requiring a minimum lot size of 10,000 square feet in the district where lots 7, 8, and 9 are located. Subsequent amendments to the by-law increased the square footage, frontage, and setback requirements. By 1954, the minimum area requirement was 60,000 square feet, and the minimum frontage required was 200 feet. These were the ...


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