Board grants variance for Benevides' expansion after contractor issues at 38 Judge Street

June 28, 2025 | Fall River City, Bristol County, Massachusetts


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Board grants variance for Benevides' expansion after contractor issues at 38 Judge Street
The Fall River Zoning Board of Appeals convened on June 26, 2025, to address a significant case involving a property owner seeking an after-the-fact variance for a construction project that exceeded previously granted permits. The case centers on Mr. Benevides, a plumber who initially received approval in 2021 for a second-story addition, deck, and porch. However, complications arose when his contractor enclosed the deck and porch without the necessary permits, leading to financial strain and project delays.

During the meeting, Mr. Benevides expressed his frustration over the situation, detailing how he had to fire his contractor due to ongoing issues, including alleged fraud and mismanagement. He is now funding the project out of pocket, which he described as a significant financial burden. Mr. Benevides emphasized his understanding of the importance of permits and expressed his desire to rectify the situation by seeking the variance.

The board discussed the specifics of the construction, noting that the original permits were for a deck and roof but did not include walls. Mr. Benevides' new contractor confirmed that the structure was built as a four-season room, which was not part of the original plan. The board members deliberated on the implications of granting the variance, particularly concerning future expansions of the structure.

Support for Mr. Benevides came from six neighbors who signed a petition in favor of the variance, stating that the addition would not obstruct views or alter the character of the neighborhood. After thorough discussion, the board voted to grant the variance with a condition that no further expansions would occur, ensuring that the structure remains as it is currently built.

This decision allows Mr. Benevides to move forward with his project while addressing the concerns of the community and adhering to zoning regulations. The board's action underscores the importance of compliance with building permits and the challenges faced by homeowners when contractors fail to meet legal requirements.

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