NEW BEDFORD — Richard Miranda sends roofing crews to jobs in many cities and towns in Massachusetts and Rhode Island, but in his experience New Bedford rivals New Bedford as a place to do business. There aren't many people. Miranda said the city's building department is in a league of its own when it comes to bureaucratic delays, unnecessary minutiae and exacerbating serious problems.
“It's tough dealing with the building department in New Bedford. It's very, very tough,” said Miranda, owner of Diversified Roofing Systems, Inc. in New Bedford. He said the city had documented permits put on hold for several weeks last year and in 2021 due to various objections, but issued them immediately after Miranda threatened to turn the dispute over to state authorities. pointed to the lawsuit.
Miranda is not alone in this opinion. He is the only person involved in construction and development in the city who has publicly announced his name and claimed to do so. Other times, grievances manifest in unattributed comments, statements made at public meetings or in local media.
Ward 6 City Councilman Ryan Pereira said he has also heard harsh criticism of the inspection department and the city needs to know if there are any problems. He said that's critical now as the city seeks to encourage more construction to curb rising home prices.
Pereira, a sales manager at his family's hardware store, told the City Council Thursday night that a report issued by the state agency in 2022 found city officials failed to follow proper procedures in six incidents. I'm planning to introduce it. He will ask that the matter be referred to the Parliamentary Home Affairs Committee.
In response to a housing plan announced last year by Mayor John Mitchell that includes more efficient building regulations, Pereira said builders are avoiding working in the city because they are doing it illegally. “We have to address what I see as the fundamental problem,'' he said, including questions about whether the situation could be caused by the coronavirus. I don't want anything to do with testing services.
Pereira said that because of the difficulties with permits and inspections, “I heard it many times in the (Council) chambers and on the radio: 'I will never work in New Bedford.'” “Is that true? If that's true, it would be very difficult to work in New Bedford.”
A report from the state Department of Public Safety Inspectorate, which had not previously been submitted to Congress, concluded that the complaints “appear to be at least partially justified…but the problem does not appear to be systemic…” .
On the surface, this doesn't seem like a big deal, especially considering the fact that city officials issued about 2,900 and 2,407 permits, respectively, in 2021 and 2022, when the state investigated the complaints. . Still, Pereira said the city needs to know if there's more to the story.
“There have been six incidents and in each case due process was not followed,” Pereira said, adding that the report remained in the council's mailbox. “What are we missing? What are we missing?”
City spokesperson Jonathan Darling said the city is working to improve the permitting process, including moving from a paper-based to an online system at the end of 2022.
“The new OpenGov system has improved communication, increased transparency, and streamlined the process to make it more efficient for applicants and staff,” Darling said in an email.
He said the new system will provide a place for applicants to connect with department staff and allow applicants to “track the progress of their applications in real-time through the various stages of the permitting process from their smartphones or computers.” Ta.
He said nearly 90% of applicants currently use the online system, and that number has increased in recent years. The agency issued 1,231 building permits in 2019, compared to 3,561 in 2023, Darling said.
“We've heard over and over again in the (Council) chambers or on the radio, 'We will never work in New Bedford.' Is that true?
City Councilman Ryan Pereira
Danny Romanowitz, director of laboratory services, leads a department of 15 employees, including six administrative staff. The agency has five building inspectors, one plumbing and gas inspector, one weights and measures inspector, and two electrical inspectors.
The ease of communication and information access provided by the new platform will address at least some of the issues identified in the state report.
The 20-page report lists the names of those who filed complaints and the addresses of properties expunged by the state, and lists six complaints submitted to OPSI between July and November 2020. Based on research. State officials conducted an investigation in 2021. and an interview in June 2022 with Mr. Romanovich and Mr. Matthew Silva, who was a building inspector at the time and is now an assistant director.
The report found that in these six cases, officials fell short in two main areas: communication and promptness.
Specifically, the report said the agency did not consistently clarify in writing inspection requirements or the reasons why particular work was ordered. They are not responding quickly enough to testing requests and either issuing permits or clear notices that they need more time or information to do so as required by state law. It was not always up to the standards of the day.
In some instances, the report may include an inspection of a property in which an inspector who is no longer affiliated with the agency has a private interest, perhaps because he was working or seeking work in a private consulting business. He said that it appeared that he had done so.
Three complaints allege that inspectors requested additional work or work that was not originally planned. The report did not conclude that the work was unnecessary, but said inspectors needed to explain instructions more clearly.
The pattern of these complaints is consistent with claims made by others, including Miranda, who speaks of a long history of conflict with the agency. He says it started in 2016 when he purchased his company's building on Cedar Street.
The property was previously home to a sheet metal business and is located in a residential and business district that includes small manufacturing businesses. He said the Department of Buildings has been telling him for months that he can't operate a business there because the use is out of zoning. Miranda hired a lawyer and wrote a letter to the department, which said the challenge was dropped.
He also provided evidence of emails and letters in two other incidents with a similar pattern that occurred in 2021 and 2023. In both cases, the city withheld building permits for the jobs at Elm Street, North Front Street and Acushnet Avenue, arguing that stormwater runoff plans must first be submitted. Miranda argued that stormwater plans are created between property owners and the city and have nothing to do with building permits.
The city withheld the permit beyond the 30-day limit set by the building code. Each time, Miranda said he sent letters referring the disputes to the state for review. In both cases, the city withdrew the objection and issued the permit, Miranda said.
In 2023, records show the permit was issued less than two weeks after the date of Miranda's letter. One permit was issued in his 47th day and the other in his 38th day.
In the 2021 case, Miranda said he applied for a permit in mid-March and received it in early June.
In response to these claims, Darling said the agency “processes thousands of permit applications each year.” Each application is different. Some projects are more complex than others, so some applications take longer to process than others. ”
“As we strive to provide the highest level of service to New Bedford residents, business owners, and the growing number of developers investing in New Bedford, the City provides “We want the authorities to be informed of our situation.”
The state report said the city consistently missed 30-day deadlines for issuing permits or contacting applicants to clarify the reason for delays.
Records show the city is a little more than halfway past the 30-day deadline.
Building permit records for the six-month period from December 2022 to May 2023 show that 2,059 permits were issued, of which 59% were issued within 31 days. Just over 200 (approximately 10%) were issued within 40 to 60 days, 6% within 60 to 90 days, and nearly 4% within 90 to 120 days.
A study conducted for the city last year by a group of three students led by a faculty member at Harvard University's Kennedy School of Government included slightly different records and reached different results. The group found that 76% of permits issued from December 2022 to March 2023 were completed within 30 days. The reason for the discrepancy is not clear.
Research shows that the average time to complete a permit is nearly 11 days.
The researchers conducted a written survey of people who do business with testing services, and 81 people responded. Researchers interviewed 19 people, including 11 city employees, five repeat applicants, and three one-time applicants.
The anonymous interview quotes included in the report echo many of the complaints heard in off-the-record interviews with people who say they have experienced difficulties with testing services.
One official said staff members are “turning their backs on the people they want and causing hardship for others.” “They can hide behind this system like a shield and slow down the process,” another official said.
Meanwhile, in response to the survey, 68% said they expected to have a positive experience when applying for a building permit in the future.
Miranda sees it differently. He said he is tired of the conflict and hopes the council's actions will lead to changes in the department, and in particular Romanovich.
“I hope the council will appoint him as my successor,” Miranda said. “Or take away some of his powers. He has a lot.”
Email reporter Arthur Hirsch. ahirsch@newbedfordlight.org.
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