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Board of Appeals of Belmont, 11 Mass. Sherrill House strongly contends that its patients are in fact residents in the district with an interest in having the residential district in which they reside maintained as such. Unquestionably, people live at the nursing home and, for many of them, it may well be their final permanent home.
Sherrill House’s Stapleton appointed to task force
Viewed in this practical sense, however, any hospital, correctional institution or other type of institution in which people live could equally be viewed as a residence. But they are not so regarded for zoning purposes. Finally, Sherrill House places heavy reliance on two decisions of the Supreme Judicial Court which state the general proposition that whether a person's property is nonconforming is irrelevant to the issue of standing. In Reynolds v.
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Board of. Appeal of Springfield, Mass. The plaintiffs in Reynolds resided on their property but, for many years, had conducted in their home as a nonconforming use the office aspects of a landscape contracting business. Without discussion, the court ruled that the plaintiffs, notwithstanding the nonconforming use in their residence, were persons aggrieved. We think that the fundamental characteristic of the plaintiffs in Reynolds as residents was decisive and that the result as to standing would have been different had the plaintiffs not resided on the property but used it exclusively for business purposes.
In Vainas v.
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Board of Appeals of Lynn, Mass. One of the plaintiff's buildings was nonconforming because one of its three floors was used for commercial purposes, and it failed to comply with the zoning ordinance's setback requirements. Relying on Reynolds, and again without discussion, the court held that the plaintiff was not deprived of his status as a person aggrieved because his own property was nonconforming.
In our view, they go no further than to recognize that one who owns property in a residential district, which property either in part, or in some relatively minor way, is nonconforming, and who uses the property for residential purposes, may be viewed as an aggrieved person for purposes of objecting to zoning changes in his residential district because, by reason of his residential use, he has a cognizable interest in preserving the residential character of the district.
In the instant case, the plaintiff is a nursing home institution, seeking, in essence, to have the district in which it is located, and as to which it is nonconforming, maintained as residential. There is indication in the record that, although some scattered residences remain, the neighborhood includes many different. Unquestionably, the business interests of Sherrill House might be served better by having as its neighbor residential property rather than a prison. Accordingly, we do not disturb the ruling of the trial judge.
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