Judge says Borden Light Marina built wall without permits

The Massachusetts Land Court decision issued last month affirms what was established two years ago that Borden Light Marina Inc. built a 630-foot concrete retaining wall without permits while the marina president, Michael Lund, was a member of the City Council.

The finding of facts and decision by Associate Justice Judith Cutler in favor of The Landing at South Park Condominium Association said Borden Light did not obtain permits before doing the work.

Director of Inspectional Services Joseph Biszko supplied the building permit Borden Light obtained on April 29, 2010 months after the wall was built.

They had already put it up. They put it up without a permit, Biszko said.

He said the department issues a verbal warning for a first-time offense and doubles the permit fee for a second one.

Biszko issued the building permit to Robert Guay of Fall River, the structural engineer, based on an estimated $76,000 cost for the wall.

The permit fee was $702, and James Furtado Excavating of Swansea built the wall, according to city records.

There are also questions both in Cutlers court decision and in Guays engineering report about the walls safety.

Guay wrote on April 22, 2010, that a section of wall is higher than the existing design of the wall will allow, and there is no geo-fabric at each level. ... The wall in this section will have to be down and rebuilt per design drawings also submitted, according to inspection records.

There are no indications replacement work has taken place in the past two years.

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Judge says Borden Light Marina built wall without permits