Madigan v. Zoning Board of Appeals
Madigan v. Zoning Board of Appeals
Opinion of the Court
We believe everyone’s difficulty with paragraph (d) of § 31 of the zoning ordinance has resulted largely from taking that paragraph out of its context. The concluding portion of § 30 of the ordinance (see exhibit B attached to the plaintiff’s affidavit) sets out a number of main uses in connection with which an owner must provide off-street parking, as well as the minimum number of parking spaces required in connection with each such use; some of those uses require a license for the parking spaces from the license board (see G. L. c. 148, § 56, as amended), while others do not. Paragraphs (a) and (b) of § 31 of the ordinance (which is entitled "Location and Layout”) are concerned with the proximity of the "[Required parking” to the "main use” and the minimum size of "[e]ach required car space,” respectively. Paragraph (c) of § 31 is concerned with the grading, surfacing, drainage and lighting of "[a]ll required parking not under the jurisdiction of the [l]icense [b]oard.” Paragraph (d) of § 31, which is the ultimate paragraph of that section and the only one which makes any express reference to the regulations of the license board, reads in material part: "Except where fewer than ten car spaces are provided or where the regulations for parking lots of the [l]icense [b]oard apply, before a building permit may be issued the parking plan shall be approved by the [l]icense [b]oard with regard to access, capacity, circulation, and safety to pedestrians and vehicles using the facilities and using abutting public streets” (emphasis supplied). When that paragraph is read in the light of the concluding portion of § 30 of the ordinance and §§ 1 ("Definitions”) and 2 ("License Required”) of the regulations of the license board, it is immediately apparent that there are many types of parking lots, some of which may involve very substantial areas (e.g., employee parking lots), which are not subject to the regulations so long as no specific charge is made for their use (which is what the plaintiff proposes). When one considers (d) of § 31 (1) the juxtaposition of paragraphs (c)
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.