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New York Central Railroad v. Department of Public Utilities

199 N.E.2d 319, 347 Mass. 586, 1964 Mass. LEXIS 807
CourtMassachusetts Supreme Judicial Court
DecidedJune 4, 1964
StatusPublished
Cited by35 cases

This text of 199 N.E.2d 319 (New York Central Railroad v. Department of Public Utilities) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New York Central Railroad v. Department of Public Utilities, 199 N.E.2d 319, 347 Mass. 586, 1964 Mass. LEXIS 807 (Mass. 1964).

Opinion

Cutter, J.

This is an appeal under G. L. c. 25, § 5, as amended, from a decision of the department denying (with two commissioners dissenting) the railroad’s petition (filed August 26,1963) for an exemption of certain land from the operation of the Framingham zoning by-law. See G. L. c. 40A, § 10. 1 The town has been permitted to intervene. *588 The railroad desires to use the land for parking automobiles, prior to their distribution, after they have been unloaded from railroad cars. Adjacent land is now similarly used and is also used for automobile unloading facilities. A plan based upon exhibits in evidence appears below. The particular *589 land (marked Fitts land and Temple land) for which, exemption is sought (the locus) lies in an area zoned for general residence use between (1) a north-south boundary separating the residence zone from an industrial zone and (2) Hollis Street. The westerly boundary of the locus (near Hollis Street) and its northerly boundary (near Andrews Street) and its southerly boundary are shown on the annexed plan by a heavy black line. Certain land in the adjacent industrial zone to the east would also be used for automobile parking, if the exemption is granted, in addition to land in the industrial area now so used. All the proposed parking area and unloading facilities are owned by the railroad and lie to the west of the railroad’s Milford branch, not far south of the junction of that branch with the main railroad line between Albany and Boston.

*588

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199 N.E.2d 319, 347 Mass. 586, 1964 Mass. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-central-railroad-v-department-of-public-utilities-mass-1964.