Taunton building owner faces fines

By Terence J. Downing, Enterprise staff writer
TAUNTON — The owner of a building destroyed by fire in July will be hit with $1,000 per day city fines if he fails to come up with a plan by Friday to remove the mountain of rubble.

The City Council voted Tuesday to levy the fines if Martin Hesson of 132 Shore Ave., Quincy, who owns the Seeley Building, does not submit a cleanup plan to the state Department of Environmental Protection by 5 p.m. Friday.

The fines would begin Monday at 9 a.m.

Hesson was grilled by the council, which accused him of dragging his heals to clean up the giant pile of rubble that has sat in the center of the city for 46 days.

"Forty-six days is too long to get this situation taken care of. It's not fair for the people of this city to see that and deal with it every day," said Councilor Jason D. Buffington.

Board of Health Executive Director Jeanine Aniello-Flaherty told the council that Hesson has failed to provide a cleanup plan to the DEP.

She said the DEP is growing impatient and will start enforcement action against Hesson if he does not submit a plan by Friday.

Flaherty said the DEP enforcement action includes hefty fines and possible court action.

"They are not going to wait any more. If the plan is not done by the end of the week they will begin enforcement action," Flaherty said to Hesson. "What they need is a plan on how you are going to proceed."

Because there is hazardous asbestos in the rubble, Hesson is required to submit a detailed plan on how he plans to remove the debris.

The asbestos can be harmful if it becomes airborne.

The city cannot issue a demolition removal permit to Hesson until the DEP approves the plan.

Flaherty said Hesson was supposed to submit a plan Aug. 20, but that didn't happen.

Flaherty said Hesson has far exceeded the time necessary to submit a cleanup plan for a project that size.

Hesson said he hired Bilray Co., a demolition removal company from Johnston, R.I., to remove the rubble and debris.

Bilray, in turn, hired an environmental engineering firm to devise a cleanup plan for the DEP, but the DEP rejected that plan, Hesson said.

Bilray brought in another engineering firm, but it was not hired until Monday.

Hesson said he was under the impression a plan had been submitted.

"I'm sitting here tonight as frustrated as you are," said Hesson.

He said he has confidence in the contractor, but the council suggested the contractor may be misleading him.

Councilor Barry J. Amaral suggested the delay has been caused because Hesson does not have the financial wherewithal to handle the enormous cost of removing the asbestos.

Hesson said he is financially sound, the building was insured and he has a fixed-price signed contract with Bilray that was amended to include asbestos removal.

Hesson declined to discuss any financial specifics.

"I'm not here to go into my private financial affairs," Hesson said when Amaral pressed him for a cost estimate on the project.

Flaherty said the cost will be high because specially lined trucks and other equipment must be used to haul away the rubble and the asbestos must be taken to a special landfill in New Hampshire.

Building Commissioner Francis L. Avilla Jr. said the site has become a safety hazard and Flaherty said it has become a public health hazard with rodent infestation and other problems.

"It's serious. DEP wants to get it done," said Flaherty.