6 Mass. App. Ct. 826 | Mass. App. Ct. | 1978
1. In its first aspect the complaint in this matter seeks a declaratory judgment to the effect that a building which the plaintiff proposes to construct on North Quinsigamond Avenue in Shrewsbury would not be subject to G. L. c. 148, § 13 (as most recently amended by St. 1959, c. 353, § 1), which provides in relevant part that "[n]o building or other structure shall... be used for the keeping... of... [gasoline] unless the local licensing authority shall have granted a license to use the land on which such building or other structure is or is to be situated for the aforementioned [use].” From the evidence properly before the judge (which both briefs treat as true) it appears that the proposed building would house a business (a "Midas Muffler Shop”) engaged in the removal and replacement of automobile mufflers, pipes, shock absorbers and brakes. There would be no fixed tanks for the storage of gasoline in the building or in or on its associated premises, and the only gasoline in the building would be that found in the tanks of automobiles which would enter the building for some form of service work. During the course of a normal ten-hour business day (Monday through Friday) as many as eighteen different automobiles would be serviced in some fashion in six separate working bays; that number would probably be somewhat smaller on Saturdays, when the business day would be only seven hours long; automobiles would seldom be left overnight. With certain exceptions not here material, G. L. c. 148, § 14 (as appearing in St. 1938, c. 103), is explicit on the point that "[gjasoline ... shall, when in any motor vehicle
So ordered.