Mike Camara, CEO of ABC Disposal, the owning company of the Zero Waste facility off Cranberry Highway in Rochester, told the Rochester Planning Board on August 24 that after filing for Chapter 11 protection and a subsequent fire, he is unable to give the board what it wanted that night – a timeline for construction.
Chairman Arnold Johnson said a lack of communication from Zero Waste management over the past year concerns him, especially since it appears that progress with the work site is at a standstill, despite fire clean-up and a plan approved back in 2013 for an 90,000 square-foot state-of-the-art waste recycling facility.
“What the board needs is … a construction timetable. You can’t just say it’s all going to be done in a year. That doesn’t help us,” said Johnson. “And we need better communication. Stuff’s not getting done over there, but you’re operating business as usual over there…. We need a game plan. When can you give us a game plan?”
Camara was unable to give Johnson what he asked for and explained to the board why.
“We’ve been led down the wrong path by some banks,” said Camara. “They said they had our backs, and they didn’t.”
Camara recounted how the company filed on May 11, 2016 for Chapter 11 bankruptcy protection and he does not anticipate coming out of Chapter 11 for another two to three months. Once that is complete, the company can modify the bond, acquire funding, and finish the construction plan.
“I wish I had a crystal ball,” said Camara. “All I can say is that we’re working really hard every day, and we know that it’s coming soon.” He added that he anticipates resuming construction by the end of this year. He called the situation “a living hell.”
The good news is that all the debris from the May 13 fire has been removed from the site, which pleased the board. The Planning Board, however, maintained concern over stormwater drainage systems still incomplete, especially with the presence of sensitive wetlands near the construction site.
Camara said three of the proposed stormwater systems have been built already, and he knows he is going to finish the project, which will ultimately generate more tax dollars for the town, he said. But for now, with the financial mess with the bank and the ongoing process in Bankruptcy Court, further investing of money to make improvements at the site is at a halt.
Rochester’s Town Counsel Blair Bailey said he found it hard to believe that the Bankruptcy Court would restrict the company from spending money on improvements to a financed site. And the liability of having some aspects of the project, including those unfinished stormwater drainage systems, keeps the town “on the hook.”
“I have an issue with money being generated out there (at Zero Waste) without money being spent to at least fix it up,” said Bailey. “It’s half done and it’s operating … but it’s not, from a safety standpoint. I don’t want to be on the hook for that.”
Camara replied, “I hope nobody ever has to go through what we’re going through.” He said the state recognizes how important this facility will be for the region and the Town of Rochester, and his family’s wellbeing also depends on its success.
“But we still have to maintain the line of communication,” said Johnson. “So we’re going to be looking for that. We just can’t let it go unchecked.”
In other matters, the board granted an Approval Not Required request for Diana Murphy for Walnut Plain Road, Map 23, Lot 16.
The board continued until September 13 the public hearing for the Site Plan review for It’s All About the Animals of 103 Marion Road to build an addition to the cat shelter. The board anticipates rendering a positive decision at that time.
The public hearing for Gary Mills for a modification of an Approved Definitive Subdivision Plan for lots located at Hartley Road was continued until September 13. Mills seeks to modify the plan to combine Lots 1 and 2 into a single lot, which would reduce the total number of buildable lots from three to two. He also seeks to change the roadway from an 18-inch to a 16-inch gravel road.
The next meeting of the Rochester Planning Board is scheduled for September 13 at 7:00 pm.
By Jean Perry