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.
Construction ban….so, I’m assuming you aren’t letting any type happen, permitted or not????
We put in our 2 weeks of being laid off and staying home, let us go back to work after April 7.
I think that a construction site could be handled safely, put the general contractor in charge of policing the job site and have random checks by the health department and FINE THE GC if he doesn’t comply. Boston hasn’t banned all of their construction, so why should we?
You wouldn’t have to “assume” if you read the regulations. I’ve worked around many a job sites and I know for a fact the policies of safety are severely relaxed on this island. How many hospitals are in Boston? How many ERs? How many ICUs? Now, let’s look at the Vineyard. There’s a fraction of all. So get off your high horse and accept the fact that an error on the side of caution is a good thing.
We should be happy the state yielded on this matter. It is the right call to stop (or at least reduce) the daily commuter numbers for obvious reasons. If the state had insisted (or worse, started legal action), a real mess might have ensued. We got what we wanted.
It seems funny that there is a construction ban, the local lumberyards are closed, yet there are still construction supplies being delivered from off island. I know of 4 companies that are still delivering here including Falmouth Lumber and Mid Cape. Also, why is there a limit for customers in a store everywhere except Stop and Shop and Cronigs?? Not doing enough!
Just wondering…youngster two companies delivering to the island. Why are the other two? Also, are the first two companies you listed still delivering to the island…especially when construction should be hauled out of safely measures? Just wondering for the non-selfish….
The local boards of health using their regulations to essentially deny travel to the off-island contractors. Next, some stated publicly they would work with locals to approve work on a case-by-case basis. Let the face saving begin.
Proof or just word of mouth?
You cannot stop or reduce the daily commuters. It is not the SSA’s authority.
There are way more people in stop & shop than traveling the boats right now.
That bit of hysteria about limiting the people coming to the island is bogus and elitist.
The lumberyards off-island deliver to job sites whether there are people working or not working
If you order materials on the phone and online they will deliver.
It makes no difference to them that the lumberyards on the island are shut down.
The ban on construction is what reduces the number of commuters to the island because there is no job site to go to. As for people deciding to retreat to summer homes I say it’s their house and they’re now hunkered down like the rest of us. I’m a carpenter and so glad I’m not going in and out of clients houses right now both for their safety and my own.
Thats not true viewfromhere. The lumberyards deliver when the contractor calls them. When they get here they drop it off and then someone has to come put it away (can’t leave sheetrock in the rain). Why do you need material if you can’t work. I agree there are more people in stop & rob, but the fact is they both should be limiting the amount of people. I thought we weren’t supposed to have gatherings of more than 10 people
Stop & rob? Ridiculous. The store has proven itself to be a lifeline and far cheaper than Cronigs. Do you have a solution for where folks should buy their food?
Come on. You know “gatherings” isn’t meant for people shopping for necessities to actually stay alive, are you?
I hope verizon will upgrade the island to fiber optics since our livelihoods might depend on it someday.
Get off of your high horse islanmud and don’t talk down to me. If you read my suggestions maybe you wouldn’t be so critical. Just watch your tone please, we are all trying to get through this without losing everything we have worked so hard for.