Abutter files suit against Horrace Dodd House LLC

By Phil Orlandella

The ongoing disagreements and disputes between abutters at 8 Michelangelo Street and developer Horrace Dodd House LLC., relating to two North End projects located at 190-190A Salem Street and 4 Snelling Place, have finally made its way to Superior Court in the form of a civil action suit.

The ten-page document, filed by the abutter, calls for the court to refrain the City of Boston Inspectional Services Department (ISD) from issuing any and all construction plans for development at both sites.

The civil action on file contends there were and still are allegedly several violations in place dealing with work plans, creating several problems for residents and property damage.

In addition, the court is being asked to cancel or revoke any and all permits issued by the ISD, claiming the permits are clearly in violation of the Boston Zoning Board of Appeal ordinances and the Code of Massachusetts Regulation (CMR) 780.

Reportedly, abutters attempted to resolve this issue without going to court, but failed. Elected officials and various city departments provided no assistance. They were told to “get a lawyer”.

An attempt to obtain the construction jacket also failed as the city reportedly was unable or unwilling to produce the document, according to the abutter.

The suit outlines numerous violations by the developer Horrace Dodd House LLC., calling for the legal system to take action relating to having the appropriate city departments cancel or revoke any and all permits based on what the abutter referred to as blatant work violations by the developer, without proper paperwork permits.

The abutter tried to have city departments to conduct a public hearing, that also failed.

“No real or actual formal public meeting was held in the North End by the City,” abutter Anthony Pepicelli said. “No public information or notification pertaining to the proposal was originally provided to abutters and the community so there could be a comment period established,” abutter Anthony Pepicelli said.

“During this time construction preparation work continued including demolition and excavation without both sites not properly permitted or any posted signs placed where they could be viewed,” Pepicelli said.

According to the abutter, workers at times, were tossing debris off the roof and other parts of the building, possibly hazardous material, into the courtyard without required chutes or protective safety barriers and there was no dumpster on site creating sizeable plumes of dust and other material into the air through the construction site, abutting buildings and through the community.

They eventually picked up the debris placing it in an open truck, driving it through the neighborhood, a possible health issue, according to Pepicelli.

“The legal action sites the structure has been wrongly built, causing a burden to abutters from unlawful elavation creating loss of air, light and solar heat,” Pepicelli said.

“Horrace Dodd House LLC, knowingly started the project without the proper permitting and continued to work before proper permits were issued,” Pepicelli claims.

He continues to maintain that, “No real community meetings or direct contact with abutters were ever held, not allowing the opportunity for the community to comment on the proposed project,” he said.

A call and message were left at Horrace Dodd House LLC, asking if they would like to comment on the allegations of the legal actions made. No call or email were returned.

Named in the civil action suit are: Horrace Dodd House LLC, Gregory McCarthy manager, Anthony Ballanti general contractor, Mayor Michelle Wu, ISD and the Boston Zoning Board of Appeal.

No trial date or hearing has been established at this time.

Rumors apparently have been circulating throughout the community that abutters may start a petition calling for the mayor and/or the State to investigate the process issues raised in the civic action suit.