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Colomba v. Belmont Zoning Board of Appeals (Misc. 16-000219) (December 7, 2016)

Colomba v. Belmont Zoning Board of Appeals (Misc. 16-000219) (December 7, 2016)

Colomba v. Belmont Zoning Board of Appeals (Misc. 16-000219) (December 7, 2016)

Judge:  Long

Keywords: special permit, hotel, prohibited use

Issue:  Whether a hotel use is permitted by special permit where the zoning bylaw prohibits all uses not specifically allowed, there is no zone that a hotel is allowed as a primary use, but hotel use is allowed under the bylaw as an accessory use.

Holding:  If the primary use is not allowed as a primary use in any zone, the hotel use is prohibited by the zoning bylaw.

Reasoning: “Because “hotel” is not a use set forth in the Schedule of Use Regulations, and because it is distinct, and its impacts thus “dissimilar,” from the by-right uses and the uses allowed by special permit, it is prohibited. See By-law ยงยง 1.3, 3.1 & 3.3. The ZBA’s decision denying Mr. Colomba’s special permit application was thus correct and is affirmed.”

Notes: