City of Chicopee v. Jakubowski
| Decision Date | 08 December 1964 |
| Citation | 202 N.E.2d 913,348 Mass. 230 |
| Parties | CITY OF CHICOPEE v. Peter JAKUBOWSKI et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Joseph A. Nowak, Chicopee (Robert L. Nowak, Chicopee, with him), for defendants.
No argument or brief for plaintiff.
Before WILKINS, C. J., and SPALDING, WHITTEMORE, KIRK, and REARDON, JJ.
The defendants appeal from a final decree enjoining them 'from using the premises at #19 Saratoga Avenue in Chicopee for the business of manufacturing, selling, painting, glazing, and baking ceramics and conducting classes in instruction for painting ceramics * * *.' The bill of complaint was brought against them by the city and alleged a violation of the zoning ordinance in that their business was being conducted in a district zoned 'Residence 'A'.'
A master found as follows: The defendants are the owners of real property in a residence 'A' zone at 19 Saratoga Avenue, Chicopee. On April 7, 1958, the defendant Peter Jakubowski applied to the building inspector of the city for a permit to construct a 'one car garage and storage' to be situated at the rear of the premises, and a permit was granted on that date. Thereafter the defendant constructed a building having the outward appearance of a garage and storage building with overhead garage doors on the northerly front; but the entrance to the building is through 'an ordinary door which is situated on the front of the building * * *.' The building, which has been utilized as a location for instruction in ceramics, cannot be used as a garage and storage place because it is equipped with shelving, tables, chairs, greenware, molds, statutes, and kilns. It is also equipped with one toilet and one washstand. The defendant Anna Jakubowski has been available at certain hours of the day for purposes of instruction, with a charge of $1 being made for that service. Classes have been held by her for those who are desirous of acquiring skills in working with ceramics. The building has not been used for the manufacture of greenware. 'From these operations [the teaching of groups and individuals in the art of painting, glazing, and baking ceramics] the defendants realized a slight profit.'
The zoning ordinance of the city provides that 'within any Residence 'A' as indicated on the Building Zone Map, no building or other structure nor any premises shall be used and no building or other structure or part of a building shall be erected which is intended or designed to be used in whole or in part for any industry, trade, manufacturing or commercial purposes or for other than one or more of the following specified purposes,' one of which is '[s]chools, colleges, public...
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