The West Tisbury building department will seek disciplinary action against an Island plumber who installed plumbing without a permit at State Road restaurant.
Building inspectors Ernie Mendenhall and Joe Tierney notified the West Tisbury selectmen on Wednesday that they plan to file a complaint with the state against Walter Smith Plumbing. The company installed plumbing in an unpermitted basement kitchen at the restaurant, which has been fined for a zoning code violation.
Mr. Mendenhall said appealing to the state was the “only vehicle” of punitive relief.
“We have no other way to penalize, that’s about the only thing we can do,” he said.
State Road opened in 2009. A special permit was needed to build the restaurant. Town health agent John Powers found an illegal kitchen in late August and notified owners Jackson and Mary Kenworth that they were in violation of their special permit and the state food code. The restaurant has since ceased use of the kitchen and paid fines. The plumbing has been capped off but still needs to be removed, Mr. Tierney said.
If the state decides to take disciplinary action against the plumbing company, Mr. Tierney said the company could face possible probation for six months to a year.
The selectmen said they backed the building department’s decision, though no official endorsement was required for the building department to move forward with the complaint.
“As far as I’m concerned [complaints] are up to you and it’s up to you to make the best decisions for the town,” selectman Jeffrey (Skipper) Manter 3rd said. “I stand behind you.”
Selectman and board chairman Richard Knabel agreed.
“We would support you when you want to take an enforcement action like this, good luck,” he said. “And thank you for following up on that.”
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