Builder's complaints prompt State Police investigation

[mark handler]

Builder's complaints prompt State Police investigation

http://www.valleybreeze.com/2015-09-16/observer-smithfield-west/builders-complaints-prompt-state-police-investigation#.Vfrgwd9Viko

By MELANIE THIBEAULT, Valley Breeze Staff Writer

SCITUATE - State police are investigating a complaint about the Scituate town building inspector David Provonsil after resident and contractor John Mahoney alleged in a nine-page letter to the Scituate Town Council that Provonsil has made his job as a contractor extremely difficult and has cost him thousands of dollars on projects that came out of his own pocket.

"Due to the actions of this man, I have lost my home, my financial stability, personal assets, all liquid monies to conduct business, and, at one point in time, my dignity," Mahoney, who builds residential homes, writes in his letter. "This man is extremely selective with regard to whom he wants to enforce rules and regulations with."

Mahoney wrote the letter in early July and had a meeting set up with the Town Council to discuss his complaints. That meeting was canceled and has yet to be postponed, according to Town Solicitor David D'Agostino.

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[fatboy]

Don't really see what jurisdiction the State Police would have in regards to how an inspector does his job.........harassment maybe? If they can prove he was selective in his enforcement? Interesting...

 

[Mark K]

The full article suggested that inspector would overlook "violations" if his car was fixed. Read the full article.

A common problem in some jurisdictions is the building official or inspectors imposing requirements that are not included in the adopted building code.

 

[mark handler]

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"The council stands by its commitment to offer him a chance to get his concerns out," D'Agostino said. "That will happen at an appropriate time. In fairness to David Provonsil, he will be given an opportunity to respond."

The letter outlines several development projects that Mahoney worked on and accuses Provonsil of what Mahoney and Williamson called "nonsensical interference" that made it difficult for Mahoney to do his job, especially in a timely manner.

According to Mahoney's attorney Timothy Williamson, of Inman, Tourgee, & Williamson in Coventry, "The bottom line is the allegations against the building official are that he interprets the law, ordinances, and statutes as he sees fit, when he sees fit. He doesn't interpret them for every person the same way."

Mahoney said: "I just want to be able to do business and provide for my family."

State police have confirmed to The Valley Breeze & Observer that they are investigating a complaint into the town of Scituate's building inspector's office, but would not comment further.

Mahoney told The Observer that state police have contacted him regarding his complaint.

Provonsil, who serves as the town's building official and engineer, told The Observer that he did not wish to comment. He said to contact the town solicitor.

D'Agostino said that after state police review materials they've been given, he expects they will decide if any action needs to be taken. "What happens next, I don't know," he said.

Provonsil made the news earlier this month when Jim Hummel reported that Charles Collins Jr., the Town Council president, is "violating a directive" from Provonsil because he stores scrap metal on his property for his business of hauling away crushed cars. About 10 years ago, Hummel reported, Provonsil told Collins' parents that having crushed cars on their property is in violation of the town's zoning ordinance.

Hummel said that Provonsil "seemed to have a sliding scale of enforcement" because he said that it was O.K. if Collins occasionally had trucks parked on his property, but that it would be an issue if he had them there all the time, according to the Hummel report.

"If you're on the A team, you get a smooth pass," Mahoney said. "If you're on the B team, you're taking the high road."

In his letter to the council, Mahoney alleges that he lost thousands of dollars of his life savings and had to scrap a project that he had been working on to bring affordable housing to Scituate on Old Hope Kent Road because of delays from the town building official.

He claims that Provonsil re-drew plans for the project "to his liking" but that later the Planning Board asked for a complete re-drawing of the plans, costing Mahoney additional time and money.

Williamson said that it's an issue "when this man has money on the line and can't get things done because permits are being held."

According to Mahoney's letter, Provonsil on one occasion asked Mahoney's brother, a mechanic, to fix a car for him in exchange for a building permit for a property on Lady Slipper Lane that Mahoney's brother planned to transfer to Mahoney.

"He told my brother that if he did the job on that Saturday, he would give him the permit the following Monday and would forget about everything else (the fact that I would be building on this property)," Mahoney states in his letter to the council.

Also included in the letter are allegations that Provonsil used profanity in several conversations with Mahoney, which Mahoney said he had enough of.

"John wants to do business, but he's prohibited from doing business by this gentleman who seems to find something wrong with every project that John presents," Williamson said.

Williamson said that they plan to file a lawsuit, but did not elaborate or provide details.

Mahoney alleges that these issues with Provonsil have occurred for at least 12 years, since he moved to Scituate from North Providence.

He's remained in Scituate because his son is enrolled in the school system and he wants to keep work close to home, he said.

"The market is better in Scituate," Williamson added. "People are interested in buying and living out there. He shouldn't be forced out by adverse action by a public servant."