Opinion

Costa v. Board of Appeals of Watertown

  • 340 Mass. 380
  • 164 N.E.2d 149
  • 1960 Mass. LEXIS 691
Court
Massachusetts Supreme Judicial Court
Filed
Feb 8, 1960
Status
Published
Author
Whittemore
On the bench
Counihan, Spalding, Whittemoee, Whittemore, Wilkins, Williams
Cited by
2 cases
Authority
More cited than 69.2%

The opinion

Whittemore, J.

The board of appeals under the zoning by-law of Watertown has appealed from the final decree in

*381

the Superior Court which annulled the issuance of a permit to James P. Duffy to build a motel in a general residence district.

The zoning by-law divides the town into five districts: single residence, 1A and IB; general residence; apartments; business; industrial. The uses permitted in general residence districts are those permitted in single residence districts, which do not include hotels, motels or lodging houses, and additionally “Two-family dwellings and lodging houses.” The by-law includes this definition: “Hotel or lodging house: A building designed or used for paying guests, permanently or transiently, where more than three bedrooms are used for such purposes.” The by-law does not otherwise refer to hotel and makes no mention of motel.

Nothing in the by-laws shows an intent to allow a motel in residence districts. Hotels, motels and lodging houses are sufficiently differentiated to be differently classifiable for zoning purposes. See

Burnham

v.

Board of Appeals of Gloucester,

333 Mass. 114 ; St. 1954, c. 134, § 1, amending G. L. c. 140, § 27;

Von Der Heide

v.

Zoning Bd. of Appeals of Somers, Westchester County,

204 Misc. (N. Y.) 746, 748-749;

Longo Liquor License Case,

183 Pa. Super. Ct. 504 . We need not decide whether the common definition of the by-law is sufficient to establish that hotels are allowed in general residence districts although only lodging houses are specified, or whether a motel may in some circumstances be deemed a hotel. See

Maturi

v.

Balint,

204 Misc. (N. Y.) 1011. We discern no implication of authorization of motels in the authorization of lodging houses and the entry must be

Decree affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.