The Island’s construction ban is back on after representatives from Gov. Charlie Baker’s office conceded that Island boards of health have the authority to ban construction if warranted by local considerations.
The ban will expire on April 7, but towns have the option to extend it. The ban covers construction activity, work, maintenance, both interior and exterior of any kind, landscaping of any kind, and all work involving workers in all trades entering buildings and residences to perform their functions, including house cleaners. Emergency construction is exempt.
In a conference call Sunday afternoon public officials from each Vineyard town and Nantucket, including selectmen, boards of health, police chiefs, fire, chiefs, CEOs from both the Vineyard and Nantucket hospitals, State Sen. Julian Cyr, and State Rep. Dylan Fernandes spoke with Baker’s chief legal counsel, chief of staff, and a legislative liaison about the construction bans for both Islands.
“The Governor’s representatives stated that the local boards of health retain the power to ban construction if warranted by local considerations. The orders of our local boards of health expire on April 7,” a statement from the town of Edgartown reads. “During the next week, we intend to work with construction trades to develop a protocol for what happens after that date. In the meantime, we strongly urge everyone to comply with our order.”
In an email Cyr asked Baker’s legal counsel Robert Ross for clarification.
“Representative Fernandes and I would like to further memorialize our conversation on March 29th. Per our conversation, towns on Martha’s Vineyard and Nantucket who cannot guarantee that construction projects are conducted safely are able to employ their authority under their board of health to halt these projects. As discussed, each of the seven island towns have well documented the public health concerns and exposure risks associated with construction projects. Is this correct?” Cyr wrote.
A reply from Baker’s office confirmed the board of health authority.
“Regarding construction projects, the municipality must be satisfied that a project can be conducted safely. If the town cannot guarantee that construction projects are conducted safely, they are able to employ their authority under their board of health to halt these projects,” the reply stated.
The decision that local boards of health can ban construction comes after a back and forth between Island towns and the Governor last week.
Island officials felt Baker’s March 24 advisory did not do enough in terms of preventing the spread of COVID-19. Five Island towns agreed on a construction moratorium that would only allow for construction for emergencies. Aquinnah adopted its own version of the stay-at-home order that falls closely in line with the other towns, with the exception of an order that allows the board of health to regulate construction projects, instead of banning them altogether.
Baker’s chief legal counsel, Robert Ross, then sent a letter to Island towns telling them the Governor’s advisory supersedes their local orders.
