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The Appeals Court of Massachusetts ruled that a landowner was not entitled to include the portion of his property located in a right-of-way when calculating lot area for purposes of zoning requirements.
James Sears owns a 4,800-square-foot parcel in the town of Marshfield on which he sought to build a residence. The building inspector denied his permit application, finding that the lot failed to meet the 5000 square-foot minimum area permitted under the zoning ordinance.
Sears appealed, arguing that under the derelict fee statute, his parcel had a total area of 5,700 square feet. Under the Massachusetts derelict fee statute, the title to parcels abutting public or private rights-of-way extends to the middle of the thoroughfare. Sears included the square footage of his interest in the abutting private road in arriving at a total area of 5,700 square feet. The zoning board of appeals and the trial court upheld the building inspector's decision. Sears appealed.
On review, the ...