Brookline Union Joins Town In Calling For Halt To Construction

BROOKLINE, MA — The Brookline teachers union and dozens of Town Meeting Members are calling for Brookline and the state to halt work at all non-emergency construction sites, including Brookline High School and construction at Hancock Village, until it is safe to resume normal operations. Town officials have also called on the governor's office for tightened restrictions when it comes to construction.

Gov. Charlie Baker's administration has issued guidelines for reducing the spread of the coronavirus on construction sites. But the Massachusetts Building Trades Council and other labor unions, have asked Baker for a statewide order closing job sites. They say local officials do not have the resources to enforce emergency regulations for construction sites that are aimed at slowing the spread of the coronavirus.

The request comes as the town and the commonwealth are struggling to mitigate the effects of the new coronavirus pandemic. As of Wednesday 29,918 people across the commonwealth had tested positive for the virus, and 1,108 people had died. In Brookline there were 126 cases and three deaths as of Tuesday.

"We need to take care of one another during this crisis. The health risks and economic instability brought on by the coronavirus affect everyone and call on us all to contribute however we can to ensure the well-being of all," said BEU President Jessica Wender-Shubow in a statement in which she endorsed the Massachusetts Building Trades Council call for the state to act.

Brookline High School is undergoing an expansion and is one of more than 1,000 active building permits in town, as is Hancock Village in South Brookline.

The building department issued 318 permits between March 16 and March 31 and 110 permits between April 1 and April 10.

Many sites can continue to operate as long as they are included on the COVID-19 essential services list established under Baker’s March 23 emergency order, updated March 31, according to Brookline's Building Commissioner Dan Bennett. In addition, all sites have to adhere to strict state and local COVID-19 guidelines for construction sites, he said.

COVID-19 Essential Services for construction- related activities include; workers such as plumbers, electricians, builders, contractors, HVAC Technicians, inspectors who provide services that are necessary to maintaining a residence or building, workers supporting the construction of housing, as well as, construction of mixed-use projects that include housing and the construction of public schools, colleges and universities, he said.

Bennett told Patch his department has received "numerous complaints" regarding construction activity as well as reports of construction workers not practicing social distancing.

But what most people don't realize, said Bennett, is that the town's hands are tied for now.

Gov. Charlie Baker issued an emergency order requiring all businesses and organizations that do not provide “COVID-19 Essential Services” to close their physical workplace and facilities to workers, customers and the public on March 23. At that time, the governor issued a list of designated businesses and other organizations that provide essential services and workforce related to COVID-19 that were permitted to continue to operate, this included construction - without limitation, said Bennett. On March 31 the governor updated his emergency order narrowing the list of “COVID-19 Essential Services.”

"Subsequently, the governor issued further guidance through his legal office stating a municipality cannot pass any rule, regulation, ordinance or by-law that is inconsistent with any order issued by the governor," said Bennett. "In other words the governor’s order supersedes any action taken by a municipality that is inconstant with his order."

Last week the Brookline Select Board, saying their own hands were tied because of the governor's language, asked Town Administrator Mel Kleckner to send a letter to the governor advocating for statewide action on a construction ban.

But several South Brookline residents, concerned about ongoing drilling and blasting at the Hancock Village site throughout the day while everyone is more or less home bound, want something to happen more quickly and point to construction halts in places like Boston, Cambridge and on Martha's Vineyard.

Several residents have complained that the blasts at Hancock Village that otherwise would have taken place when everyone is at work are shaking houses and contributing to overall mental health deterioration.

In a letter sent to the Select Board signed by dozens of Town Meeting members they cited what's happened on Martha's Vineyard where officials there interpreted Baker's order on March 30 to mean boards of health have the authority to enact a construction ban out of concern for public health and safety.

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