Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. As used in this act the following words shall have the following meanings:-

"Dwelling unit", the residential structure owned by the leasehold owner and located on a portion of the fee owner's land pursuant to the terms of the recorded ground lease.

"Fee owner", the owner of the undivided fee simple title to the real estate subject to separate leasehold interests owned by those holding leasehold interests.

"Leasehold", the leasehold interest in that portion of the fee owner's individual fee simple title on which the leasehold owner's dwelling unit is located.

"Leasehold owner", the owner of the dwelling unit pursuant to the terms of the recorded ground lease.

SECTION 2. Notwithstanding the provisions of chapter forty A of the General Laws or any other general or special law or sections 6.10, 6.11, 6.13, 6.14, 6.15, 6.16, 6.17 or 6.18 of the town of Amherst zoning By-Laws to the contrary and notwithstanding the absence of or deficiency in street frontage, area, front set back, side set back, rear yard set back and notwithstanding the degree such leaseholds exceed the maximum building coverage and lot coverage all as otherwise required by state or local law, the fee owner of the individual fee simple interest in the land underlying leaseholds 1, 2, 3, 4, 18, 19, 20, 21, 22, 23, 24, 24A, 28, 29, 30, 31, 32, 33 and 34 as shown on a plan of land entitled "Plan Showing Leaseholds in Stage II Phase I at Amherst Field, Amherst, Massachusetts prepared for Amherst Land Trust" dated August 26, 1976, recorded in the Hampshire county registry of deeds and attached to a document recorded in said registry at Book 1909, Page 1, all being located within the Neighborhood Residence Zoning District ("RN") and being included within Parcels 2-1 through 19-1 on Zoning Map 18C may convey the fee simple title to said leaseholds to the leasehold owners of the dwelling units situated thereon or, upon the expiration of a period equal to the remaining term of the lease, to any other person.

SECTION 3. Upon the effective date of this act, a dwelling unit and the underlying leasehold land as defined in the recorded lease shall become lawful nonconforming lots and shall thereafter be subject to all provisions of state and local law governing existing nonconforming lots within the zoning district.

SECTION 4. Upon any such sale, title to the dwelling unit and title to the underlying parcel of leasehold land on which it is located shall merge into fee simple title to the nonconforming lot which may thereafter be sold by such owner and successors in interest.

SECTION 5. Any leasehold interest not extinguished by purchase under the foregoing sections shall continue unaffected by the conversion of the underlying parcel of land from a divided fee simple title to an undivided fee simple title and the leasehold owner shall continue to have the right to maintain a dwelling unit thereon for the period equal to the remaining term of the lease and, upon expiration of any such period, and if no sale has been consummated with the leasehold owner, there shall be a merger of title in the dwelling unit and the underlying parcel of leasehold land and the fee owner of the nonconforming lot and successors in interest may sell as a lawful nonconforming lot.