Federal Investigation Prompted at Historic East Side Development

GoLocal News Team

Federal Investigation Prompted at Historic East Side Development

Construction at the new development of a historic property at 200 Hope Street in Providence, which has been the subject of multiple stop-work orders as well as a failed city inspection, was recently subject to review by the Rhode Island Department of Health -- as is now under investigation by the Occupational Safety and Health Administration (OSHA), the federal agency charged with the enforcement of safety and health legislation.

"Our inspector has been to the site, and we've talked with OSHA," said Jim Palmer, Spokesperson for the Rhode Island Department of Health. "We did not receive an asbestos abatement plan for 200 Hope Street, nor did we receive an asbestos or lead start work notification."

Baskin's lawyer John Garrahy said his client was actively addressing the issue. "The owner has hired an environmental professional to deal with asbestos, if any , that needs to be abated during renovations. And he has a lead certified contractor to deal with any lead related matters in the premises during the renovation."

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However, neighbors of the property contacted state officials when they witnessed removal of pipes from the building by the developer.  

"I know the State is following procedure, and they're concerned," said Dawn Robertson, neighboring resident of the property. "We were sleeping with our windows open recently, and I have my own concerns. It seems that whatever happens, the developer seems that he can do whatever he wants."

Asbestos Concerns Aired

'We responded to a complaint," said Pat Griffin with OSHA, of looking into whether asbestos is on the property, or not. "We have an open inspection. We'll talk with the state folks, but our inspection is separate."

"We're a federal agency, it's not that frequent we conduct asbestos investigations, maybe 4 to 6 a year," continued Griffin. "We've taken samples, and it's been sent out to the lab. It should take 2 to 3 weeks. It either has asbestos, or it doesn't."

Developer David Baskin is currently subject to temporary restraining order for any work on the building's exterior, which was issued on March 28 by Associate Justice Luis Matos.  

"The owner agreed not to do any work on the exterior of the property until a preliminary injunction hearing is held on April, 14, 2014," said Garrahy. "The Superior court action does not relate to the interior of the property."

Consultant Clears Developer

Palmer noted what the penalties are in Rhode Island, in the event of asbestos.

"Authority for restrictions on asbestos are found in the Asbestos Abatement Act 23-24.5 and the Rules and Regulations for Asbestos Control [23-24.5-ASB]. Penalties are described in section 23-24.5-26 Penalties. – (a) Except as specified in this chapter, any person or entity acting in violation of either this chapter or any rules or regulations promulgated pursuant to the authority conferred by this chapter shall be fined by the director in an amount not to exceed twenty-five thousand dollars ($25,000) for each violation provided that fines are not imposed until the director has afforded that person or entity an opportunity for a hearing on the matter. Each day during which any portion of a violation continues shall constitute a separate offense. "

Garrahy noted late Monday that his client was cleared by his own consultant.  "I understand that the owner just received a report from his asbestos consultant and, with the exception of some pipefittings in good condition, no asbestos was detected in the basement," said Garrahy.  "The pipefittings will be properly disposed of."


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