Tipping Point Calls On Building Commissioner To Stop Work At Surfside Crossing

To the editor: Below is a letter originally sent to the Nantucket Building Commissioner, Paul Murphy, from Nantucket Tipping Point’s counsel on behalf of neighbors that we are helping to protect.

Dear Building Commissioner Murphy,

The purpose of this letter is to request that you take enforcement action to stop work at Surfside Crossing that is damaging adjoining property in violation of the State Building Code.

The State Building Code requires that adjoining property be protected from damage, including damage to adjoining property from construction and excavation work:

“[a]djoining public and private property shall be protected from damage during construction, remodeling and demolition work. Protection shall be provided for footings, foundations, party walls (https://up.codes/viewer/massac...), chimneys (https://up.codes/viewer/massac...), skylights and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities. The person making or causing an excavation to be made shall provide written notice to the owners (https://up.codes/viewer/massac...) of adjoining buildings advising them that the excavation is to be made and that the adjoining buildings should be protected. Said notification shall be delivered not less than 10 days prior to the scheduled starting date of the excavation.”

780 CMR 3307.1.

The State Building Code specifically authorizes you to enforce its provisions: “780 CMR shall be enforced by the building official, and in accordance with M.G.L. c. 143, §§ 3, 3A, 3Y, and 3Z and M.G.L. c. 22, the building official shall include the building commissioner or inspector of buildings, local inspector, and state building inspector.” 780 CMR 1-103.

First hand reports from abutters to Surfside Crossing state that their properties are being damaged by dirt and dust that covers their houses, vibration that causes their entire houses to shake and noise that destroys their quality of life. At a site inspection by this counsel of abutters properties, photographswere taken of fractured foundations, and the absence of any protective cover for the town of Nantucket sewer lines from construction equipment.

On behalf of abutting residents, I hereby request that you as Building Inspector acting under authority granted to you by the State Building Code, issue a stop work order halting all activity at Surfside Crossing and requiring your approval of measures to prevent the damage to adjoining properties before work at the site may resume.

Thank you for your attention to this matter.

Sincerely,

Will Willauer and Meghan Perry
Nantucket Tipping Point