Local Field Of Dreams Strikes Out In Appeals Court

by Rich Vetstein on November 23, 2011 · 0 comments

in Deeds, Massachusetts Real Estate Law, Permitting/Zoning, Real Estate Litigation, Zoning

Worcester Businessman Built Regulation Sized Baseball Field In His Backyard

Harking back to the old days when sandlot ballfields were packed with neighborhood kids, David Massad II, a Worcester car dealer, didn’t plow over a cornfield in Iowa to build a baseball field in his yard; he just leveled the trees behind his 7,382-square-foot home in Shrewsbury to build a regulation sized baseball field for his kids and friends to play on. This being Massachusetts, his neighbors cried foul. The case was just decided by the Appeals Court which, not surprisingly, ruled in favor of the neighbors, holding that the homeowner’s association rules and regulations prohibits the use.

Field of Dreams

In 2004, Massad decided to build a regulation sized baseball field, complete with clay infield, fencing, sprinklers and bleachers, behind his upscale Grey Ledge development home in Shrewsbury. After neighbors cried foul, Mr. Massad and his wife just lost a legal battle with neighbors who say they didn’t buy season tickets to ball games when they purchased their homes. Massad, meanwhile, says he was just trying to provide a place for kids to play ball in a town that sorely lacks ball fields.

According to the Worcester Telegram, “It sounded pretty simple,” said Massad, 52, whose business is only coincidentally named Diamond Chevrolet. “The kids needed a place to play, so I built a field. It’s in the middle of nowhere, and I’ve never charged anyone to use it.” The Massads even obtained a special permit from the zoning board to allow for the field.

Massad Field, Shrewsbury. Credit: Worcester Telegram

As reported by the Telegram, the field may be isolated, set well in the rear of Massad’s 14-acre property, but the issue is the cars that go up and down the development to get there. In 2009, Massad built a private driveway and parking lot on his property, but players and fans still must use the private common driveway that lines the eight-home development and ends at Massad’s handsome brick Colonial at the top of the cul-de-sac.

HOA Covenants & Restrictions Control

The Grey Ledge Homeowners Association had recorded standard Covenants and Restrictions providing that:

“The Lots shall be used for single family residential purposes only.” It further provides that “[t]he acceptance of a Deed to a Lot by any Owner shall be deemed an acceptance of the provisions of this Master Declaration, the Trust and the By-Laws and rules and regulations of the Grey Ledge Association, as the same shall be amended from time to time, and an agreement by such Owner to be bound by them in all respects;” and that “[t]he Lots … shall have the mutual burden and benefit of the following restrictions on the use and occupation thereof, which restrictions, except as otherwise provided or allowed by law, shall run with the land.”

The Appeals Could held that, despite the Massads obtaining local zoning approval for the baseball field, it was not consistent with the character and planned use of the luxury development as a single family enclave. “As matter of law, the hosting of organized league baseball games (whether formal games or mere practices) for such leagues as American Legion Baseball and Worcester Heat violates the master declaration’s restriction to use for ‘single family residential purposes only,'” Justice Joseph Grasso held.

On legal grounds, the ruling is not surprising and correct, in my opinion. It’s unfortunate that Mr. Massad and his neighbors couldn’t have worked out a “collective bargaining revenue sharing” plan so the kids could just play ball.

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Richard D. Vetstein, Esq. is an experienced Massachusetts real estate attorney and devoted Red Sox fan. Please contact him if you need legal assistance purchasing residential or commercial real estate.

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