Improper Demolition Procedure Could Mean Trouble For Adams
ADAMS, Mass. — Two town boards are expressing concerns over what they say was the improper demolition of two outbuildings on the Hoosac Valley Coal & Grain property.
Conservation Commissioner Thomas Robinson told his commission on Thursday that a citizen had called him about the building on Cook Street the town took for back taxes. Demolished was a coal shed with a metal roof and a building that had already collapsed.
Robinson said the demolition took place within a resource area, but the commission never signed off on the demolition. He later found that the code enforcement officer, the building inspector, and the Department of Public Works were also unaware of the action.
"I felt that the town was in violation of the Wetlands Protection Act in that they were working in the resource area without permits," he said.
Robinson said he was unable to get a hold of the town administrator, but told Commission Chairman James Fassell, who had the operation shut down.
Fassell said by the time he declared a cease-and-desist, the demolition was largely complete
"I went down and it was clean," he said. "Not only was it torn down but everything concerning it was just about gone."
Town Administrator Tony Mazzucco on Tuesday attributed the problem to a breakdown in communication.
He said generally the contractor is responsible for pulling the needed permits for a project, however even after the DPW director informed the contractor, Adams Trucking of this, work commenced without the proper permitting.
"We are still trying to get to the bottom of it," Mazzucco said. "We had first asked them to do it in August and they were very busy so they didn't get it done until Christmas. So maybe because there was such a long gap I am willing to bet they just forgot."
Fassell last week suggested leaving the state Department of Environmental Protection out of the issue because the demolition company cooperated and the job was essentially done. However, he felt that a request for determination should still be applied for.
Commissioner David Lipinski agreed and said the commission should send the town administrator a letter explaining its concerns.
"I don't think we should beat this horse to death, and I think we should just send a message to the town that they have to see us and we are disappointed that they didn't follow the procedure," Lipinski said.
Director of Community Development Donna Cesan told the Conservation Commission on Thursday that the demolition permit had been filed, but without a building inspector it had not been approved.
Because the town never went through the procedure with the code enforcement officer and cannot verify the presence of hazardous materials or rodent migration, the Board of Health cannot sign off on the issue.
Code Enforcement Officer Scott Koczela presented the Conservation Commission with a letter that stated this and listed the "serious violations."
The properties were not properly baited for rodents, which Koczela said had to be done to stop the migration of any rodents in the buildings to adjoining properties.
Also, the building never underwent a hazardous material assessment. He said because of this, it is unknown if any toxic materials that could contaminate nearby properties were present.
Koczela said this failure to follow procedure for a private demolition could mean a stop-work order and fines.
He added that after the violation, testing of the work and surrounding area would have to take place to look for contamination. If any was found, equipment and roll-off containers would be quarantined and need to be decontaminated. Remaining debris would have to gone through piece by piece and the rest of the demolition would have to be put in specially lined and sealed containers. Soil might have to be removed also.
"Mass DEP and maybe EPA might get involved and huge fines would likely be levied," Koczela said. "This happened almost across the street when a small home was demolished and a fine of $50,000 was issued by DEP."
Koczela said he is unsure what the Board of Health can do to enforce the violation.
"I don't know what Adams Board of Health can do against the town," he said. "This is outside the abilities of Adams Board of Health and probably needs a larger agency to handle this issue properly."
Mazzucco on Tuesday said the Board of Health could cite the town but it would lead to minimal consequences because the board is part of the town. He added that either way it does not make the town look good.
He has met with the chairmen of the Conservation Commission and Board of Health and promised to make internal changes in Town Hall to make sure the contractors are following protocol.
"What it is an example of unfortunately is a breakdown in communication at the town level with my office, the DPW office, and the vendor that seems to have lead to what otherwise would not a big deal to become a bigger deal," Mazzucco said. "We are going to make sure we go through a better internal review and not just leave it up to contractors so we can make sure they are dotting the Is and crossing the Ts."
Tags: board of health, conservation commission, demolition, hazmat, wetlands,
