DaRosa Loses Superior Court Appeal

On September 19, Plymouth County Superior Court upheld the decision of Mattapoisett’s director of inspectional services, Andy Bobola, when he reversed his decision to grant a building permit to Daniel DaRosa for the construction of an extended pier over an easement. DaRosa’s residence is located at 3 Goodspeed Island and known as lot 28 on the assessor’s map.

The court’s decision indicates that when Bobola looked further into the regulations allowing a building permit for accessory structures, he realized that another lot separated DaRosa’s property from water access. That additional lot is known as lot 28A and is owned by another party, not DaRosa.

The decision reads in part: “Initially on August 4, 2014 Andrew Bobola had certified compliance. However, subsequently on May 5, 2015 Bobola issued a revised statement saying that the project would not be in compliance with local zoning requirements and recommending that the licensure be denied.”

            Another point made in the decision indicates that courts have ruled that municipal zoning bylaws carry significant weight noting, “The local zoning board is also entitled to deference because of its special knowledge of “the history” and purpose of its town’s zoning bylaws.”

In a follow-up interview with Mattapoisett Town Administrator Michael Gagne, he said that DeRosa could appeal the court’s decision, but felt it was a significant process and one that would have to go before an appellate court.

“They would have to show misinterpretation or use of faulty law … and the court may not hear it … they could say that all other appeals have not been exhausted,” Gagne said.

Gagne also said that without the building permit, the Chapter 91 waterways license could not move forward.

“The building permit and license are boot-strapped together,” he said.

DaRosa’s attorney John Gushue, when asked for a comment regarding the decision responded, “My clients and I do not have a comment at this time. We are reviewing the judge’s decision.”

A copy of the decision in full can be viewed on The Wanderer website at www.wanderer.com.

By Marilou Newell


The Full Decision from the Court Can be Found at This Link

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