Why Your Builder’s Permit Needs to Be Dead-On Accurate

by Isaac Benmergui, Esq on February 20, 2014

Let’s say you want to build an addition to your home – what do you do? You apply for a builder’s permit. Why? Because it’s mandatory. If only it were that simple – aside from the money issue, which some homeowners may not have, those with the extra dollars to spend not only have to ensure that they have the building permit, but they also have to make sure the zoning board reviews it, approves and basically doesn’t have any problems with it!Monopoly

Such is the case for one Iadevaia, an individual filing for such a permit only to have it denied by the zoning board due to inaccuracies and deficiencies cited in the renovation plan. This is a big reason why it’s actually quite important to have a licensed professional guide you through the process, because if something’s not right in accordance with zoning and housing requirements, you’ll be looking at a brick wall saying “Do Not Pass Go or Collect $200.”

Apparently the Town of Scituate Zoning Board of Review had an issue with Iadevaia’s plan, stating that there was a lack of street frontage and other issues. Iadevaia, however, filed an appeal and application for dimensional variance, but both the appeal and the application was denied by the board. Just when we thought there was not going to be any light at the end of this tunnel, we take this matter to the Supreme Court, and take a wild guess as to what they said:

It was a complete and utter reversal. The case was remanded due to the allegation that the zoning board essentially misused their authority in determining denial. It did happen happily for Iadevaia. Just think, though, of the fees, the legal expense, of having to tackle this. It’s just another cautionary tale to always be accurate and even ethical with the permits you apply for when dealing with renovations and add-ons to your home.

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