Petitions - City of Somerville

Thursday.,. June 26. 1950
zoning law. For example, .if the use is a business use, it may allow an extension
of such a use or a modification of it, but the use and the district
referred to must always remain unchanged, unless changed b^ the Board of Aldermen.
The same thing is true in residential districts. The Board of Appeal
in residential districts may .vary the use for residential purposes and modify
or change the type of buildings required and other matters mentioned and
relating to the use for residential purposes, but it cannot, in my opinion,
impose a business use on a residential district, except in those cases specifically
mentioned in the zoning act, or where a resident district and G busi
ness district adjoin each other,
See Hammond vs Board of Appeal of Springfield 277 Massachusetts,
page 446.
The Board of Appeal must always act reasonably in compliance
with the zoning law and the statutes of the Commonwealth, and not merely because
of hardship of the owner due to his inability to use a structure or
premises for business use, which has been zoned for residential uses. If the
character of the neighborhood has changed, to such an extent that a change in
the use is necessary, the Board of Aldermen alone has power to change the
law., but must vary the application of existing provisions of the zoning law
only in existing.districts and cannot .create new districts.
For the reasons above stated, it is my opinion that the action
of the Board of Appeal in this particular case is of no effect, and respectfully
refer you to the case already cited, namely, Prusick vs Board of
Appeal, 262 Massachusetts page 451.
The last remaining question to be answered is the 4th questior
with reference to status.of a new application for a license recently filed
before the Board of Aldermen. In view of the fact that the Board of Aldermen
has no rule that would prevent the filing of new application.in cases of
this kind, it is my opinion that such an application is properly before the
Board of Aldermen for such action ,as•they may-wish to take. However, if the
Board of 1 Aldermen does grant the new license on this location, the licensee
•would have no right to maintain a gasoline filling station unless the Board
of Aldermen passes an ordinance amending the zoning ordinance of the city of
Somerville. The Board, however, would have no power to zone this particular
lot, but would have power to create a district, which would be general in
its scope.
Placed on file.
Respectfully submitted
David J. Kelley
City Solicitor.
Communication from Board of Trustees of Public Library in
favor of''contributory pension,
tualler's licenses as follows;
Referred to Committee on Legislative Matters.
Communications from Board of Health relative to Common Vic-
Marie Malone, 104 Mystic avenue
Benjamin P. Sawyer, 54 Union sq.
S. S. Kresge Co. 42 Union sq.
John P. Lynch, 385 Broadway
Louis Donnaruma, 575 Somerville ave.
Referred-to Committee on Licenses and Permits.
PETITIONS, MEMORIALS AND REMONSTRANCES
Received petitions from,
Boston Elevated Railway for pole location Broadway
The Edison Electric Illuminating Company of Boston and The Mew England Tele-
Chester st.
, • Herbert"st.
phone and Telegraph Company of Massachuae11s
for joint pole locations,
. Referred to Committee on Electric' Lines and Lights.
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Petitions