D'Ambra v. Zoning Bd. of Appeal of Attleboro

• Decision Date: 08 March 1949
• Citation: 324 Mass. 61,84 N.E.2d 456
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: RALPH D'AMBRA & another v. ZONING BOARD OF APPEAL OF ATTLEBORO.

324 Mass. 61

84 N.E.2d 456

RALPH D'AMBRA & another v. ZONING BOARD OF APPEAL OF ATTLEBORO.

Supreme Judicial Court of Massachusetts, Bristol.

March 8, 1949

October 25, 1948.

Present: QUA, C.

J., LUMMUS, RONAN WILKINS, & WILLIAMS, JJ.

Zoning. Attleboro.

Building. Real Property, Building. Words, "Constructed or placed," "Alteration.

"

A mere alteration of an existing building from a rooming house into an apartment house, not involving any enlargement or exterior change, was not within a provision of the zoning ordinance of Attleboro requiring that certain space be provided in connection with an apartment house

"hereafter constructed or placed on" a lot.

BILL IN EQUITY filed in the Superior Court on December 18, 1946. The case was heard by Hurley, J. The defendant appealed from a final decree entered by his order.

In this court the case was submitted on briefs.

D. A. J.

Doyle, City Solicitor, & E. A. Hathaway, for the defendant.

J. W. McIntyre & E.

F. Henry, for the plaintiffs.

WILLIAMS, J. This is a bill in equity brought under the provisions of Section 30, inserted in G. L. (Ter. Ed.) c. 40, by St. 1933, c. 269 Section 1, and amended by St. 1935, c. 388, and St. 1941, c 198, Sections 1, 2, by way of appeal from a decision of the zoning board of appeal of the city of Attleboro, to compel the inspector of buildings of said city to issue to the plaintiffs a permit to change their building at 100 Park Street from a rooming house of thirty-three rooms to an apartment house for twelve families. An application for such permit was "denied" by said inspector, and on appeal to the zoning board of appeal the decision of the inspector was sustained. The judge in the Superior Court made findings of material facts and entered a final decree ordering the zoning board of appeal "to issue or to direct the inspector of buildings to issue a building permit to the plaintiffs on . . . [their] application." G. L. (Ter. Ed.) c. 40, Section 30, as amended.

The plaintiffs' land, on which are located the rooming house, two other buildings containing three stores and a fourth building used as a garage, has an area of six thousand seven hundred thirty-eight square feet. The matter at issue concerns the interpretation of Section 14, paragraph A, of the zoning ordinance of the city of Attleboro, effective February 10 1942, which reads, "There shall be provided for each dwelling house (including apartment house and apartment hotel) hereafter constructed or placed on any lot in any district a lot containing not less than 2000 square feet for each family for whose habitation such building is adapted." It is not disputed that the area of the plaintiffs' lot is insufficient to provide two thousand...