Albee Industries, Inc. v. Inspector of Buildings

Section 21-29 of art. XIII of the zoning ordinance of Waltham prohibited “[s]torage yards for heavy trucking and earth moving equipment” in an area in which the defendant R. J. Cincotta Co., Inc. (Cincotta), operated a general contracting business. In the commercial zoning district in which Cincotta’s property was located, the business of general contracting was permitted as a primary use, and provision was made for accessory uses. However, the judge found that Cincotta’s trucks and equipment were left on the property on a permanent basis in such substantial numbers (twenty-nine pieces of…