NORWOOD – The Norwood Zoning Board of Appeals (ZBA) voted unanimously Tuesday night to significantly reduce fines levied against a Pleasant Street property owner, cutting a penalty of over $56,000 down to $15,000 following a contentious hearing regarding illegal storage of commercial equipment in a residential zone.
The appeal concerned the property at 558 Pleasant Street, owned by 558 Pleasant Street LLC. The property, which sits on the boundary line between general residential and manufacturing zoning districts, became the center of a dispute after a former tenant, Velasquez Brothers Construction, allegedly began storing heavy equipment and commercial vehicles on the residential portion of the lot.
Building Commissioner Gary Pelletier had issued fines totaling $56,400, calculated based on two separate violations continuing for 94 days. Pelletier argued that the fines were necessary enforcement, noting that the property owner is ultimately responsible for ensuring compliance with town bylaws.
“It’s the responsibility of the owner to make sure that the use of the property is consistent with our bylaws,” Pelletier told the Board. He rejected the idea that a landlord could ignore multiple infractions, comparing the situation to traffic violations: “That would be akin to running 14 red lights in a row, but you only get one ticket”.
Attorney David Hearn, representing the property owner, argued that the fines were “draconian” and punitive. He contended that the LLC manager, Josephine Kardahi, was a victim of a “problem tenant” who violated the terms of their lease.
“We don’t dispute at all that what Velasquez was doing was in violation of the zoning bylaws,” Hearn stated. “What we dispute is that the landlord… should not be held liable for fines for violations committed by the tenant without approval.”
Hearn emphasized that Cordahi took steps to remove the tenant once the violations were discovered in May, resulting in the tenant vacating the premises by September 23. He also pleaded for the Board not to hold Cordahi responsible for the “sins of her father,” referencing a previous zoning issue at the property involving a towing company that occurred under the management of her late father, Joseph Barber.
Cordahi testified that she felt “furious” about the situation and had verbally ordered the tenant to leave multiple times. “I did the best I could with the person that I had there,” she said, noting the tenant was dodging her calls.
However, board members expressed concern over the lack of formal action taken by the landlord. Board member Rachel noted she was surprised there was “no written communication” or formal eviction notices sent to the tenant to preserve the record.
“If I saw those documents right here on my desk, I would say that the landlord acted in good faith,” said Board member Paul Eysie, adding that without legal filings or written notices to quit, he felt there was “some responsibility on the landlord”.
Despite the concerns regarding the landlord’s handling of the eviction, the Board agreed that the $56,400 figure was excessive.
“I think the $56,400 is draconian,” Board Chairman Michael Sheehan said. “But I think there is some responsibility on the owner.”
The Board ultimately settled on a compromise. Board member Rachel proposed modifying the fine to $15,000. The figure was derived by calculating a $300 daily fine for the roughly 50-day period between the issuance of the violation notice in June and the submission of a complete special permit application in August.
The motion to reduce the fine to $15,000 passed unanimously. -RD
