From: 	Tammy Munson
To:	Helen Donaldson
Date: 	7/6/2015 9:58 AM
Subject: 	Fwd: 113 newbury

>>> Jennifer Thompson 7/2/2015 2:22 PM >>>
I write because I am on vacation next week and want to try to coordinate an approach to this - or at least help make that happen so that I'm not delaying anything unnecessarily.
 
As I explained to Jeff earlier today when we spoke, I talked at length with John Hobson, attorney for some of the neighbors.  He is insisting that the stop work order not be lifted until they have had an opportunity to get a geotechnical report done.  His concern is that there is apparently a third report in the record suggesting a larger, global problem and he wants to have an "independent reviewer" opine on whether the Haley Aldrich report is sound.  I told him I'd talk with Jeff and get his thoughts but that I'm not comfortable with being presented with dueling reports and then expecting that the City will resolve the dispute.  I told him I don't think we have either the authority or the expertise to do that.  He strenuously disagreed - at least with respect to our authority.  He also believes it's our responsibility.
 
I've now looked at the building code and am comfortable that we had ample authority to issue the stop work order.  I've also looked at section 107 which deals with "submittal documents"  http://publicecodes.cyberregs.com/icod/ibc/2009/icod_ibc_2009_1_sec009.htm
 
Although that relates to the initial issuance of the permit, it does satisfy me that typically we are reviewing documents only for compliance with the building code.  So, provided the reports that we required to lift the stop work order demonstrate that construction will comply with the building code, I think the developer will have submitted sufficient evidence to justify lifting it.
 
I will also say, however, that I'm coming around to the idea of hiring our own engineer to opine on whether the report and plan of action submitted by Haley and Aldrich satisfies the Code (namely, I think, that it addresses the "dangerous or unsafe" work that was being done).  I think that's similar to when we have engineers review submittals in connection with site plan to ensure that the satisfy Chapter 14 - here we could have someone review and tell us if they believe the plans address the provisions of the building code.  Again, they wouldn't be reviewing the plans to see if they are the best plans - just whether they comply with the provisions of the building code. 
 
I think that might help assure the neighbors that we're not just turning a blind eye and give us some assurance that we've done all we can do.  Then, it really will be up to the neighbors to look to the developer if there are any further problems.
 
Those are my two cents.  I'm happy to talk if need be.  My cell is 207-749-7445.  Otherwise, John Hobson's number is 774-2635 should someone want to follow up with him and let him know the plan (especially because under this plan, I'm not sure we need a report from the neighbors or that that would be helpful).