Carabetta v. Board of Appeals

Michael and Cathryn Carabetta own property in the town of Truro (town) that abuts to the rear land owned by E. Timothy and Monica O’Brien. The Carabettas seek to construct a single-family home on their parcel. At issue in this appeal is whether the O’Brien and Carabetta lots merged for purposes of zoning when they were held in common ownership by Judith *267W. Greenberg and related entities between 1984 and 1997 and whether subsequent conveyances effectively “demerged” them. A judge of the Land Court concluded that either as a result of an indulgent local by-law or on principles of equity, strict…