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Committee asks for legal clarification on zoning appeal period for special permit

Committee on Appointments and Briefing (New Bedford City) · August 21, 2025
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Summary

During the Casa Benfica hearing, committee members asked whether a statutory appeal period applies to the special-permit decision; city counsel said the zoning code requires council approval and that he will check the exact appeal timeline.

Councilor Morad asked attorneys whether the special-permit decision carries a waiting or appeal period and whether the item was properly before the committee. Attorney David Gerritoske told the committee that locating a nonprofit club or lodge falls under the zoning code’s table of uses and therefore requires City Council approval.

"The table of uses in the zoning code require city council approval," Gerritoske said, and added he would confirm the specific appeal period that applies in this case. Gerritoske and other counsel indicated the item would be referred to the full City Council after the committee completes its action; the transcript records counsel saying he would "have to check" the statutory details about appeal timing.