HomeMy Public PortalAbout2019-07-09 6.13 Enforcement permits FinalWatertown Town Council
Administration Building, 149 Main Street
Watertown, MA 02472 Ph (617) 972-6470
Committee on Rules and Ordinances
Minutes of Thursday, June 13, 2019 at 6:00 PM
Richard E. Mastrangelo Council Chamber, 2nd Floor
Report to Town Council on July 9, 2019
Present: Councilors Anthony Donato, chair; Kenneth Woodland, vice chair; Lisa Feltner, secretary.
Also present: DCDP employees Peter McLaughlin, Debbie Helie, Mike Mena, Tony Mancini, Louise Civetti,
DPW employees Gerry Mee, Matt Shuman, Jesse Myott, and resident David Stokes.
AGENDA: Review the Department of Public Works and the Building Department Processes
Regarding the Enforcement of Building Permits.
Chair Donato continued the May 2 meeting at 6:15 to discuss Enforcement, as the May 2 meeting focused
on permitting processes and ran late. The committee welcomed a similar type of discussion, with
information from the departments on how the enforcement side for permits works, including questions
such as:
How do we find out that permits are being violated?
How do we bring them back into compliance?
Are there particular areas that you [staff] feel need to be addressed?
Building Commissioner McLaughlin led the responses: A Building Permit for something that is outside of
the building envelope for a physical change, like an addition, or bay window, a deck or a dormer requires a
certified Plot Plan prior to the issuance of a building permit. Once it goes through the proper channels and
the permit is issued, perhaps there is an excavation which gets inspected, and then after the footing and/or
foundation are poured, the Contractor is required to submit an "As built" certified plot plan. This is the first
line of protection to compare what was there with what is being built, or what was proposed and approved
vs. what we're seeing now built. Thus when we go out to do inspections, the contractors are given stamped
plans after our review, and the stamped drawings are on our tablets. We make sure the footings and
foundation, the structural stability are correct. Usually it's right on the money. If the certified Plot Plan and
As Built plans don't match, they have to give us revised drawings or go to Zoning Board of Appeals,
depending on the permit application. Framing inspections follow next. Sometimes there are disputes
between neighbors, which can be frustrating, but we have the documents to back us up; Zoning makes site
visits and responds to calls about possible violations of working without permits.
There are repeat offenders who continue to do work without a permit. In Building, we find that fees don't
make a huge difference, even if we end up giving double fees -and there are many complaints around the
Noise Ordinance- or working without a permit. The most effective tool is the Stop Work Order. I appreciate
the noise disturbances in the morning or after hours, and I wouldn't want it affecting my neighborhood. I
give warnings and also let all contractors, or owners, know that that if it happens a second time, we will
issue a one -week Stop Work Order. That gets their attention. I have let them know not to gather early
[before 7AM]. When a contractor refuses to comply, we have forwarded complaints to the state Board of
Building Regulations and Standards, overseers of licensing. They may take his license away or suspend it,
depending on how many times or types for which he is in violation. Unfortunately, sometimes the fees don't
work for compliance.
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People who pull permits are more likely than others to comply, but there are still instances when changes
are made from what was submitted on the permit, and we hope we find them before it's "too late" or at the
end of a job. For example, an 8'x10' deck became a 10'x10' deck, or the size of a window doesn't match. It's
often a homeowner who pulled their own permit and doesn't know better; they don't realize that any
change requires a new review or additional documents. Any of the staff could end up finding violations
depending on the circumstances due to being in the field or responding to calls, but most are found by
Zoning.
People also don't realize you need to pull a permit to replace an interior door, even if it's "not structural".
For example, people focus on whether structural work is needed, but a door is a means of egress and can be
the most important thing about the doorway and safety. They also may need architectural or engineering
oversight. Think about Town Hall, once the space is over 35,000 cu. ft., Oversight is required. Review is
needed for the contractor who may separate a room and soundproof it, but the person experienced in
building the wall doesn't know about the systems in the building, the effect on mechanicals and systems.
You need to review guard rails on a deck, but not the floorboards; yes for stringers on the steps, but if it's
only for treads then no.
The best thing is to call and ask us. We want people to come into our department, and we want people to be
in compliance for their own good, their own safety, and for insurance purposes. Many people don't realize
that insurance companies check with the Town first when pursuing claims. One of the most important
things you can do is get a building permit. We're not here to slow you down; we do our best, with part-time
Electrical and Plumbing, especially with the demands on Gas permits.
McLaughlin recommended residents review the state HIC Guide for homeowners, online at
https://www.mass.gov/guides/home-improvement-contractors-hic-guide
We also advise homeowners, especially those without trade skills, that they should not pull permits
themselves; oftentimes the contractors tell them to come into Town Hall to pull a permit, but we let them
know they are giving up their rights and protections, and the contractors should be the ones pulling the
permits. Anyone who tells a homeowner that they're too busy, or asks them to do a favor by pulling a
permit for them and they'll just get the work done - this is a red warning flag! Good, solid contractors will
not ask this of any homeowner. Contractors need to get their own permits for sure. The state Office of
Public Safety and Inspections also provides information about licensing. There is also a state Home
Improvement Guaranty Fund [for owner -occupied units only], but homeowners are not protected if they
pull permits instead of the contractor. Homeowners can only pull permits for one and two-family units;
residents in large apartment buildings cannot pull permits.
Building Commissioner Peter McLaughlin said he would be glad to hold a session for homeowners, to go
over requirements, share helpful information, direct to websites and warn of pitfalls, etc. Zoning has also
uploaded information on their website; unfortunately residents don't realize that employees can't get
involved with civil matters, which often include private trees or fence repairs; but staff will refer people to
appropriate links or other websites, and still usually follow up with a drive -by to make sure there are no
zoning or building issues. Public Works has also been putting more material together and updating
pamphlets on stormwater and other matters.
Zoning and Building can look up whether there are permits on files for properties while in the field since
information is pre -loaded on their [Samsung Galaxy] tablets; the Town is divided into five different areas;
they are also able to take pictures and add information to the files while on site. The appropriate staff
follows up, but Zoning generally keeps an eye on a property until issues are resolved and are basically in
the field every day. There were a total of 244 new zoning enforcement cases over the last six months, and
39 of them were cases that had no permits, which is about 16%; six of them were in June, 13 in May. In
2018, there were a total of 568 violations (including snow and vegetation), and 88 were for no permit;
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surprisingly, only a few were on Saturday. There are a lot of good people and contractors out there, and
people want to add value to their house but don't want to wait and thus they sometime compromise safety
or consumer protection.
We also want people to understand that we're just trying to get people in compliance and we're not the
Police Department or acting like sheriffs. Often times it's a basic misunderstanding with homeowners vs.
habitual offenders. DPW also visits the site before the Certificate of Occupancy Permit is issued, and Tony
Mancini's enforcement work on Saturdays has helped DPW. Gerry Mee said we used to have a $50 fine
years ago for working without a Permit on driveways, but even after increasing it to $250 contractors now
just pay the fine and pave anyway given the economic environment; so he thinks fines need to be increased
or addressed, because the previous fine increase did help a lot with enforcement. DPW permits overall,
whether for water and sewer excavation costs- in general they are due for a review and update with the
Town Council Public Works Committee. We want to continually improve and work to protect the
homeowner. As much as we strive to communicate between departments, DPW needs a Communications
Director to handle our website and other materials; there isn't sufficient staff or time to handle this and it
would benefit all the departments as well as the residents.
McLaughlin and other building and zoning staff emphasized the need for more space and spoke to the
benefits of being in the same space together. All of the Town physical plans cannot fit together in a vault.
Administrative staff also helps to serve as the first line of enforcement. Helie described staff hours and the
scheduling of inspections, which includes driving time in the field. Office hours are in the morning and they
can manage 7 to 8 inspections per day, not including safety inspections, such as at day care facilities, or at
Perkins School. There are 1500 logged inspections on the book for this year [that is just what is logged, as
sometimes not everything gets logged] so we are somewhat reactive and respond to calls that come in.
Motion by Donato for referral to Public Works Committee to review the fee structure/schedules for
both the DPW and the Department of Community Development and Planning. Seconded by
Woodland, Approved 3-0.
Civetti suggested providing a comparison to other towns' fees as provided in previous years, if warranted.
McLaughlin felt Watertown is doing well, including with the newer final project cost affidavit, which has
already generated $97,000. He thinks $15 per $1000 is fair, but there are some Certificates of Inspections
that are rather low cost.
DPW wants residents to know that even when National Grid determines an emergency work order, they
are required to pull a permit; there is some information about this on the DPW website.
7:10 PM Motion by Feltner to Adjourn, seconded by Woodland. 3-0 Adjourned.
Respectfully submitted, Lisa Feltner
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