January 11, 2011

Dear Cyndy,

Thank you for your letter with the news of Jane and Marty's safe return to Amherst. Getting old, you will agree, is a challenging proposition. I'm not at all confident that my own activist approach is optimal. Perhaps the right way to get old is a pious fantasy and doesn't exist.

In this afternoon's mail, I found a notice from the Clerk of Suffolk Superior Court, requiring my presence at a Status Review Hearing for C.A. SUCV2008-05664-E at 2:00 p.m. on February 3, 2011, in Court Room 916, 3 Pemberton Square, Boston.

Upon receiving this notice, inasmuch as I had heard nothing from my plumber Mr. C.M. Gordon, I telephoned the Nantucket Building Department to inquire whether a plumbing permit had in fact been issued. I was told it had not.

I then telephoned Mr. Gordon at his cellphone number.  He answered immediately. He told me that he had gone to the Building Department to apply for a plumbing permit "the next day", (January 6, 2011). Mr. Gordon recited over the telephone that he had told the Inspector (Mr. Ciamataro) that he, Mr. Gordon had inspected the plumbing, that he had found it in compliance with the Plumbing Code to a degree that was greater than customary on Nantucket, that he had pressure tested the supply plumbing to 100 lbs./sq in. and found it to be tight, and that he, Mr. Gordon believed that the rough plumbing of the installation at 3 Red Barn Road should be approved. In response Mr. Ciarmatoro upraided Mr. Gordon, apparently to a degree that Mr. Gordon considered his plumbing license to be in jeopardy, in as much as Mr.  Gordon confided to me: "I'm 67 years old. What difference if they take my license." Mr. Ciarmataro refused to issue a plumbing permit, refused to inspect the plumbing, and stated that he would leave the inspection of the plumbing to the State. Mr. Ciarmataro told Mr. Gordon that "he would get back to him", but as of 3:30 p.m. on January 11, had not done so. Mr. Gordon asked for my e-mail address, so that he could communicate with me by e-mail.  The story hasn't ended, but I have no idea what the end will be. 

Meanwhile I am mulling whether or not I should file a motion in the Superior Court for the primary purpose of making a record of the prejudice of the plumbing inspector which is so great as to persuade him to defy the order of the Appeals Court.  Arguably that prejudice precludes his making that inspection of integrity and fairness specified by the Appeals Court. Arguably that prejudice must also be charged to his employer the Board of Selectmen of the Town of Nantucket, and would justify a challenge to any other restrictions which the Town might at some future date seek to impose.

I'm a bit tired now, and the quality of my writing is endangered.  I'll stop and write more perhaps in a day or two. Meanwhile our very best wishes to Ned and yourself.

Jochen

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