Trustees of Tufts College v. City of Medford
Trustees of Tufts College v. City of Medford
Opinion of the Court
This case cpncerns whether dimensional, parking and loading space requirements of the Medford zoning ordinance (ordinance) can be applied to several construction projects planned by Tufts College.
The requirements of the ordinance that remain at issue provide for: (1) a front-yard setback dependent on the size of the building and calculated by a formula (§ 6.3.5 [c]); (2) one loading space (twelve feet in width and thirty feet in length) for each 50,000 square feet of new construction (§§ 5.3, 10.41 and 10.45);
Application of these requirements to the Wessell addition would require Tufts to provide 130 new parking spaces on the Wessell lot (or within 200 feet thereof). Assuming that the ordinance could be construed as treating each building on the campus as occupying a separate lot, see note 5 supra, the Land Court judge interpreted the parking requirement as necessitating “postage stamp” parking lots adjoining each project Tufts might undertake in the core area of its campus. The judge considered this requirement to be incompatible with the character of the Tufts campus. In the judge’s opinion, the proposed Boston Avenue garage provided a reasonable solution to the parking problem faced by Tufts, but it was not a solution permitted under the ordinance. The judge also concluded that Wessell did not need two additional loading spaces. He therefore ruled that provisions of the ordinance requiring off-street parking and loading spaces “did not rise to the level of ‘reasonable regulations’ within the meaning of G. L. c. 40A, § 3, and, accordingly, [were] inapplicable to Tufts’ use of its land in Medford.”
The ordinance also requires a fifty-foot setback from Boston Avenue for the new parking garage (§ 6.3.5 [c]). Tufts proposes a thirty-foot setback for the garage. “The evidence was to the effect that there is no absolute physical impediment to constructing a garage of the planned dimensions with a setback of fifty feet, but the cost will be increased because of the sharply rising slope of the land behind the
1. The Dover Amendment. We first discuss generally applicable legal principles. The Dover Amendment bars the adoption of a zoning ordinance or by-law that seeks to prohibit or restrict the use of land for educational purposes. However, a proviso to the statute authorizes a municipality to adopt and apply “reasonable regulations” concerning bulk, dimensions, open space and parking, to land and structures for which an educational use is proposed. The whole of the Dover Amendment, as it presently stands, seeks to strike a balance between preventing local discrimination against an educational use, see Newbury Junior College v. Brookline, 19 Mass. App. Ct. 197, 205 (1985), and honoring legitimate municipal concerns that typically find expression in local zoning laws. This case requires us to address that balance in practical terms.
Local zoning requirements adopted under the proviso to the Dover Amendment which serve legitimate municipal purposes sought to be achieved by local zoning, such as promot
The Appeals Court observed in this case that the Dover Amendment is intended to encourage “a degree of accommodation between the protected use . . . and matters of critical municipal concern . . . .” (citations omitted). 33 Mass. App. Ct. at 584. We agree with this observation, but add that such an accommodation cannot be achieved by insisting that an educational institution seek a variance to obtain permission to complete its project.
2. Wessell addition, a. Parking. The Appeals Court modified the judgment by deleting therefrom language that declared the ordinance’s parking requirements inapplicable to the Wessell addition. As the basis for so doing, the Appeals Court agreed with Medford’s contention that the ordinance’s definition of the term “lot,” see note 5 supra, could be construed as treating discrete areas of Tufts’ core campus, bounded by streets, as single commonly owned lots. Under this interpretation, the proposed Boston Avenue garage and Wessell would occupy the same lot. The parking that will be provided by the garage (a minimum of 290 spaces) more than satisfies the ordinance’s requirement that Tufts, in conjunction with the Wessell addition, provide a minimum of 130 new parking spaces on the lot containing Wessell.
A court should construe a local zoning requirement “in a manner which sustains its validity,” Doliner v. Town Clerk of Millis, supra at 15, if this can be done without straining the common meaning of the terms employed. Framingham Clinic, Inc. v. Zoning Bd. of Appeals of Framingham, 382 Mass. 283, 290 (1981). Hall v. Zoning Bd. of Appeals of Edgartown, 28 Mass. App. Ct. 249, 254 (1990). The ordinance’s definition of lot logically applies to the part of the Tufts campus in which Wessell is situated and the parking garage will be located.
b. Loading spaces. The Land Court judge concluded that deliveries to Wessell would not be sufficient in number to justify the two additional loading spaces required by the ordinance. He determined, therefore, that the loading space requirements of the ordinance could not reasonably be applied to the Wessell addition. The Appeals Court revised this por-
On this aspect of the appeal, the Appeals Court simply expressed, in different terms, the principle that the burden of proving a local zoning requirement unreasonable under the Dover Amendment falls on the educational institution challenging the requirement. When compliance will involve no significant cost or other hardship to an educational institution, and does not interfere to any appreciable extent with the institution’s plans, the institution has failed to make out a case that the requirement, as applied, is unreasonable.
3. Parking garage. The Appeals Court also deleted the portion of the judgment that declared the ordinance’s setback requirement inapplicable to construction of the Boston Avenue garage. As noted, the evidence was that the parking garage could be constructed with the fifty-foot setback required by the ordinance, but that compliance with the ordinance would increase the cost of the project. No estimate of the amount of the increase was put in evidence by Tufts. Med-ford, on the other hand, demonstrated that Boston Avenue, a major public way, has only one traffic lane in each direction and is heavily travelled, particularly at rush hours. The fifty-foot setback will permit vehicles easier access to the garage, reducing congestion and enhancing safety. With no particularized evidence in this case as to the cost and difficulty of compliance that can be measured against Medford’s legitimate concerns as to traffic congestion and safety,-the Land
4. Future projects. We also agree with the Appeals Court’s decision to modify the judgment by deleting therefrom language declaring that Medford cannot apply ordinance requirements to future construction projects in the core area of Tufts’ campus or to future projects similar to Wessell, Olin, or the parking garage. Whether requirements of a local zoning law aré reasonable cannot be decided in the abstract. The central question is whether application of the requirements to a specific project in a particular setting furthers legitimate municipal concerns to a sufficient extent to warrant requiring an educational institution, a use granted special protected status by the Dover Amendment, to alter its development plans. As the Appeals Court correctly stated, this “is essentially a fact-based determination, one that cannot properly be made for possible future construction projects not detailed in the evidence.” 33 Mass. App. Ct. at 583.
Tufts argues nonetheless that the Appeals Court’s deletion from the judgment of references to future, speculative projects is inconsistent with the scope of G. L. c. 240,
A local zoning law that improperly restricts an educational use by invalid means, such as by special permit process, may be challenged as invalid in all circumstances. In this case, for example, the Land Court judge properly declared invalid the site plan and special permit requirements of the ordinance as to present and future, unspecified projects on the Tufts campus. The Bible Speaks v. Board of Appeals of Lenox, supra at 32-33. The Appeals Court correctly did not disturb this aspect of the judgment. The other requirements of the ordinance (parking, setback and dimensional regulations) challenged by Tufts do not facially discriminate against educational uses and are presumptively valid under the proviso to the Dover Amendment. The relief sought by Tufts pursuant to G. L. c. 240, § 14A, was a determination that, as applied,
5. Disposition. The judgment is amended, in numbered paragraph 2, by striking the words, “and any other future structures or additions which may be similarly situated,” and by striking numbered paragraphs 3, 4, and 5. The judgment is also amended to declare that the parking requirements of the ordinance are not invalid, and that as applied to Wessell these requirements can be met by construction of the requisite number of spaces in the proposed Boston Avenue parking garage or by an equivalent solution which satisfies the requirements. As so amended, the judgment is affirmed. The order defining the phrase “core campus” is vacated.
So ordered.
Tufts’ campus is partly located in the city of Somerville. Somerville was originally named as a defendant in Tufts’ action, but Tufts and Somerville arrived at an agreement with regard to the construction that will occur in Somerville. The remaining matters affect the projects planned for the Medford portion of the campus.
The pertinent provisions of G. L. c. 40A, § 3 (1990 ed.), read as follows: “No zoning ordinance or by-law . . . shall. . . regulate or restrict the use of land or structures for religious purposes or for educational purposes ... by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.” The history of the special zoning status granted to educational and religious uses of land is recounted in The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 27 n.10 (1979).
Several matters that were the subject of controversy in the Land Court are no longer at issue. The ordinance contains a provision that requires site plan review in conjunction with an application for a special permit for projects having a significant impact on Medford. Relying on The Bible Speaks v. Board of Appeals of Lenox, supra, the Land Court judge concluded that the site plan review and special permit requirements of the ordinance could not be applied to Tufts’ projects. Medford does not dispute this point.
Prior to trial, Medford granted Tufts a variance from the ordinance’s parking and loading space requirements as to the construction of the Olin Language and Culture Center (Olin), a new classroom building. The Land Court decision nonetheless provided that the ordinance’s parking and loading space requirements were inapplicable to Olin. Medford does not challenge this ruling.
Tufts also contested the application of dimensional and parking requirements to a proposed addition to its Cousens Gymnasium and Hamilton Pool facility. The judge concluded that the requirements could be applied to this project. Tufts no longer questions this conclusion.
A loading space is a striped-in area of pavement, adjacent to a building, reserved for trucks and other vehicles making deliveries to the building. The purpose of loading spaces is to provide off-street access to a delivery site and thus alleviate traffic congestion that may result when vehicles, particularly trucks, block busy streets while trying to make deliveries.
The ordinance also provides (§ 6.24 [a]) that buildings on the same lot “shall not be less than the same distance from one another as if they weré on separate lots.” The Land Court judge found that application of this provision would necessitate drawing imaginary “lot lines” on Tufts’ campus for purposes of calculating the required distance between buildings. Medford has conceded that this provision is unreasonable as applied to the construction of Olin, Wessell, and the Boston Avenue parking garage.
The legislative history supports the conclusion that G. L. c. 40A, § 3, second par., is intended to incorporate the principles enunciated in Sisters of the Holy Cross v. Brookline, 347 Mass. 486 (1964), and in Radcliffe College v. Cambridge, 350 Mass. 613 (1966). In the Report of the Department of Community Affairs Relative to Proposed Changes and Additions to the Zoning Enabling Act (Jan. 1972) (Report), which preceded enactment of the present Zoning Act, the statutory protection accorded educational uses was considered. See Report, 1972 House Doc. No. 5009. As to the then existing law, it was said (at p. 21) that “the scope of the
In maintaining that facially neutral zoning requirements automatically can be applied to an educational use, the dissent, post, fails to take into account this legislative history, and the cases cited above, which St. 1975, c. 808, § 3, was intended to codify. See Newbury Junior College v. Brookline, 19 Mass. App. Ct. 197, 199 n.4 (1985); The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 29 (1979) (St. 1975, c. 808, c. 3, synthesizes Dover amendment and case law construing it). The Radcliffe College and Sisters of the Holy Cross cases plainly provide that facially neutral requirements cannot be applied to educational uses without further inquiry into the outcome produced by such an application. Particularly where the requirements sought to be applied do not take into account the special characteristics of an educational use (such as on-campus living and dining arrangements and the need for large classroom and library buildings), as is the case here, application of the requirements to the property of an educational institution may be inappropriately restrictive. If the approach suggested by the dissent is followed, a set of facially neutral zoning requirements could be adopted that would, in practice, prevent almost any educational use of land.
For example, a showing that the parking requirements of the ordinance, as applied, would necessitate that Tufts pave over significant open areas of the campus, would demonstrate the unreasonableness of the ordinance in
For example, the fact that the Medford ordinance might alleviate the parking problem on and around the Tufts campus by means of a regulation based on the size of the student population does not prove that requiring additional parking in association with new construction is an unreasonable means of addressing an existing parking deficiency.
However, if a variance is granted at the request of an educational institution, and not challenged by an aggrieved party within the time period permitted by statute, the variance cannot thereafter be attacked as improper. See O’Blenes v. Zoning Bd. of Appeals of Lynn, 397 Mass. 555 (1986); Bjornlund v. Zoning Bd. of Appeals of Marshfield, 353 Mass. 757 (1967).
Tufts suggests that another provision of the ordinance, (§ 7.51) which limits structures that may be built in a rear yard, prohibits more than one major structure on a single lot, and therefore forecloses application of the ordinance’s definition of “lot” to areas of Tufts’ campus already containing
Tisbury v. Martha’s Vineyard Comm’n, 27 Mass. App. Ct. 1204 (1989), relied on by Tufts, is not to the contrary. In Tisbury, the evidence established that requiring compliance with by-law provisions governing the size of oil tanks would, in practice, prohibit the landowners from using their property for agricultural purposes (also protected by G. L. c. 40A, § 3). In other words, application of the by-law provisions would nullify a protected use. This is clearly distinguishable from a situation in which compliance does not encroach to any appreciable extent on an educational institution’s right to set its own priorities for the use of its land.
The Appeals Court went on to observe that, although Tufts had not proved the ordinance unreasonable for purposes of the Dover Amendment, it might nonetheless be entitled under G. L. c. 40A, § 10, to a variance from the setback requirement because of the topography of the Boston Avenue site. It is obvious that the Appeals Court’s conclusion that the setback requirement was reasonable did not rest on the possible availability of a variance for the structure. The Appeals Court properly observed that, even though Tufts had failed to prove the setback ordinance unreasonable as applied to the parking garage (for the reasons explained above), the particular characteristics of the lot might nonetheless entitle Tufts to obtain a variance. See Josephs v. Board of Appeals of Brookline, 362 Mass. 290 (1972) (variance granted due in part to sloping lot and increased cost of compliance); Broderick v. Board of Appeal of Boston, 361 Mass. 472 (1972) (same). Tufts thus has an independent means of seeking relief from application of the setback provision if it chooses to pursue the point.
In full, G. L. c. 240, § 14A, as amended by St. 1975, c. 808, § 5, provides: “The owner of a freehold estate in possession in land may bring a petition in the land court against a city or town wherein such land is situated, which shall not be open to objection on the ground that a mere judgment, order or decree is sought, for determination as to the validity of a municipal ordinance, by-law or regulation, passed or adopted under the provisions of chapter [40A] or under any special law relating to zoning, so called, which purports to restrict or limit the present or future use, enjoyment, improvement or development of such land, or any part thereof, or of present or future structures thereon, including alterations or repairs, for determination of the extent to which any such municipal ordinance, by-law or regulation affects a proposed use, enjoyment, improvement or development of such land by the erection, alteration or repair of structures thereon or otherwise as set forth in such petition. The right to file and prosecute such a petition shall not be affected by the fact that no permit or license to erect structures or to alter, improve or repair existing structures on such land has been applied for, nor by the fact that no architects’ plans or drawings for such erection, alteration, improvement or repair have been prepared. The court may make binding determinations of right interpreting such ordinances, by-laws or regulations whether any consequential judgment or relief is or could be claimed or not.”
Concurring Opinion
Concurring in Part
(concurring in part and dissenting in part). Statute 1950, c. 325, § 1, entitled “An Act prohibiting discriminatory zoning by-laws and ordinances,” amended G. L. c. 40, § 25, a predecessor of G. L. c. 40A, § 3, by adding the following words: “No by-law or ordinance which prohibits or limits the use of land for any church or other religious purpose or which prohibits or limits the use of land for any religious, sectarian or denominational educational purpose shall be valid.” In Attorney Gen. v. Dover, 327 Mass. 601 (1951), the court held that a town of Dover zoning by-law prohibiting the erection, alteration, or use of a building in a residential district for a sectarian educational use was invalid under St. 1950, c. 325, § 1. That act subsequently became known as the Dover Amendment. The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 27 n.10 (1979). Statute 1950, c. 325, § 1, was susceptible of an interpretation that would invalidate any zoning ordinance or by-law (regulation) that would have imposed on a sectarian, educational use any requirement concerning bulk and height of structures, yard size, lot area, setback, open space, building coverage or parking area. Indeed, that construction appears to have been urged by the plaintiff, and accepted by the Land Court judge, in Radcliffe College v. Cambridge, 350 Mass. 613, 614 (1966) (“The college claims to be exempt from art. VII, § 2 [an ordinance requiring off-street parking], by reason of G. L. c. 40A, § 2, as amended through St. 1959, c. 607, § 1, which provides ‘that no ordinance or by-law which prohibits or limits the use of land for any church or other religious purpose or for any educational purpose which is religious, sectarian, denominational or public shall be valid”).
By St. 1975, c. 808, § 3, the Legislature struck out G. L. c. 40A and inserted a new chapter 40A in its place. The new c. 40A provides in relevant part, “No zoning ordinance or by-law shall . . . prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious
General Laws c. 40A, § 3, is clear. No zoning ordinance or by-law may “prohibit, regulate or restrict the use of land or structures for . . . educational purposes on land owned or leased by . . . a nonprofit educational corporation” like Tufts College, but “such land or structures may be subject to reasonable regulations [that is, reasonable regulations, although not mandated, are authorized, and such land or structures are subject to them] concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.” Nothing in chapter 40A authorizes a judge or a court to declare facially reasonable non-discriminatory regulations inapplicable to a particular parcel, or to exempt a particular parcel from them, whenever the judge or court, acting as a master planner, decides that the “application of the requirements to a specific project in a particular setting
The challenged requirements of the ordinance in this case are reasonable. They do not discriminate against statutorily protected land uses either by expressed intention or in practical operation. The ordinance is use-neutral. Furthermore, the ordinance is rationally related to legitimate municipal zoning objectives. No one appears to contend otherwise. In my view, contrary to the thrust of the court’s opinion, the court would have no right to declare the challenged requirements inapplicable to the Tufts College property. For that reason, and not for the reasons articulated by the court, I am satisfied that the challenged requirements apply in this case. Accordingly, to the extent that the court orders numbered paragraphs 3, 4 and 5 struck from the judgment, thereby achieving that result, I concur with the order. However, because the order striking language from paragraph 2 of the judgment is premised incorrectly, I believe, on the idea that future applicability of the challenged regulations must depend on facts yet to be developed and on a “balancing” of the extent of the imposition on the use represented thereby compared to municipal concerns, I dissent from the court’s order insofar as it strikes language from paragraph 2 of the judgment.
Appendix.
HOUSE - No. 5009
“1. Dover Amendment. It is unfortunate that the present state of the law is such that some communities may have legitimate doubts about the validity of regulations which would impose reasonable controls on institutions presently covered by the Dover amendment. The Department would encourage the use of such control where essential to the well-being of the adjacent neighborhood, and where the regulation will not seriously jeopardize the mission of the protected institutions. Thus, the Department proposes to clarify the present language so as to achieve the aims of the general court in passing the original amendment while at the same time precluding unwise restrictions on the power of the communities to regulate the land use activities of churches and educational institutions. The pro
The court incorrectly states, ante at 758 n.6, that “[¡]f the approach suggested by the dissent is followed, a set of facially neutral zoning requirements could be adopted that would, in practice, prevent almost any educational use of land.” To the contrary, if the approach suggested by the dissent were to be followed, zoning regulations, such as those at issue in Sisters of the Holy Cross of Massachusetts v. Brookline, 347 Mass. 486 (1964), that would “in practice, prevent almost any educational use of land” would, for that very reason, be discriminatory against a protected use, and would therefore be unauthorized (invalid).
The court also states, ante at 758 n.6, that “[i]n maintaining that facially neutral zoning requirements automatically can be applied to an educational use, the dissent fails to take into account” Report, 1972 House Doc. No. 5009. It is true that I do not consider that piece of legislative history significant. “Only if the statute is ambiguous, or couched in terms that suggests that [the court] do so, [does the court] look beyond the express statutory language.” Pobieglo v. Monsanto Co., 402 Mass. 112, 116 (1988). Neither condition for looking beyond the express statutory language is present here. However, even if one were to consider Report, 1972 House Doc. No. 5009, it would not suggest that the Legislature intended by St. 1975, c. 808, § 3, to discriminate in favor of protected uses with respect to parking and setback and similar restrictions. The relevant rec
Reference
- Full Case Name
- Trustees of Tufts College vs. City of Medford
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- 23 cases
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- Published