City Enforces Segregation in the Fenway

Posted by John B. Kelly

An entire side of Westland Avenue is now closed to all but the hardiest walkers. No one who depends on wheels can traverse the large pit created yesterday at the top of the street, in front of Tiger Lily Restaurant.

By law (521 CMR 3.10), a contractor must maintain access either through or around any construction site. In this case, there is no access at all, and no warning of danger. The contractor in question left "Cicconi & Sons" signage inside the pit. I have seen this signage before, and will post some pictures when I find them.

As always, ultimate responsible party here is the property owner, one City of Boston, Thomas M. Menino Mayor.

I have been watching this area all summer, because I had seen construction symbols painted in the area. On Wednesday and Thursday I was still able to maneuver through a dangerous patch of fissures and boulders.

That's a violation already. But I missed two chances to get a picture.

Today I was determined to document this "for our records," and was pretty sure that even if the area had been worked on, it would still be inaccessible. I have learned never to underestimate the city's ability to flout the law, in its inimitable in-you were-face style.

(Sometimes I actually wonder whether these illegal acts are aimed at me, because it is really hard to believe that all the neighborhoods get it "stuck to" like this. But I don't think so, this is just standard construction procedure for the city. Would love to hear the experience of other neighborhoods!)


photo: Jodi Gaulin, 8/11/06

I called WCVB channel 5 today, hoping that it might be interested in following up on the investigative story it aired a few weeks ago, and the person I talked to seemed to consider it.

Meanwhile, over in The Fens, just south of the intersection of Park Drive and Agassiiz Road, there is a sidewalk that has been blocked for six weeks, after being ripped up by the Boston Water and Sewer Commission, whom I identified by their initials on the utility cover. Shame on whomever did this, since all they did to makeup for their sloppiness was to toss an orange cone into the largest crater.

As above, the ultimate responsible party here is the property owner, which on the City assessor map shows up as the city, but since the DCR administers these sidewalks, clears them of snow and such, it might be the responsible party. So it's no surprise that an attempt to get the patch repaired by an activist from the Fenway Civic Association got the runaround.

I've been given the runaround a number of times, too, but that's one of those infuriating pleasures of living in Boston! In the winter, I can't get from my front door to the corner of Fenway and Hemenway Street -- all of 80 yards away, without going through four different jurisdictions.


Photo: Jacob, 6/22/06