Legal Question in Civil Litigation in Massachusetts
I applied for a permit for placement of an above ground hot tube (not permanaently installed) on my property. The Town's building inspector visited the site and told us we would not need a building permit. Five years later that same building inspector has issued us a notice that the hot tub and the retaining wall it sits on are in violation of the zoning laws.
The retaining wall was already in existence before we bought the property 12 years ago, but the project involved repaired and improved it.The hot tub only has water up to a depth lower than 24 inches. The Hot tube does sit less than the 15 ft set back from our next door neighbor, but they have no objection to it. The conservation commission of the town ok'd the project.
What are our options?
Can we sue the building inspector?
2 Answers from Attorneys
If you are dissatisfied with the decision of a town official, you can have his decision reviewed by the Board of Appeals. You may be able to handle this yourself but I think you would be better off consulting an attorney who has appeared before the boards in your town.
You cannot sue the building inspector however, you can seek a variance from the Board of Appeals in your town if the cease and desist pertains to the setback requirements.
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