APT Asset Management, Inc. v. Board of Appeals

This appeal brings before us the question of whether an “assisted living residence,” as defined by G. L. c. 19D, § 1, may be maintained in an “urban residence” district, *134“UR-D,” zoned for multifamily dwellings and apartment houses under the Melrose zoning ordinance. The issue came before the defendant board of appeals of Melrose (board) when the plaintiff APT Asset Management, Inc., applied for a special permit for accessory off-street parking in excess of four spaces to serve the proposed residence which it maintained was permitted as matter of right in a UR-D district. The board denied the…