ATHOL – A public hearing that began two months ago concluded Tuesday night with the Selectboard declaring that 1756 Main St. constitutes “a dangerous condition and a nuisance to the neighborhood.”

A home on the property, owned by Matt Alden, was gutted by fire in August of last year and debris left in its wake is littered on the front and rear lawn. In April, neighbors of the property started seeking relief from the Selectboard and a public hearing was convened on July 16.

Appearing at Tuesday’s meeting, Alden told the board he has been working continuously to clean up the property. He said that assistance promised at a meeting last month by Building Inspector Bob Legare failed to materialize in any substantial capacity.

“I was pretty short on help,” said Alden. “I guess there was some confusion; (Legare) thought I was supposed to contact somebody and I thought he was contacting somebody. Somebody got contacted and then they never got back (to me). Then we found someone else, and they’ve been showing up.”

In response to a question from Town Manager Shaun Suhoski, Alden confirmed that he finally spoke to someone from Griff’s Rubbish Removal of Athol, and they are assisting him. However, that only began this week.

Suhoski told the board that he and Legare visited the property last week “and there was visible progress being made on the main pile – that was obvious.” He had also spoken with at least one neighbor who confirmed that Alden had been working regularly on the site.

Board member Andy Sujdak, however, begged to differ.

“I went up with (Legare) a couple of weeks ago,” he said, “and it didn’t look like much was being done. But I see you were up there the other day and saw there was more done. It just seems to me the work starts getting busier up there the closer we get to meeting day.

“We’ve heard time and time again about how many 30-yard dumpsters have gone out of there,” Sujdak continued, adding that the board had anticipated eight large dumpsters full of debris would be moved off the site between the board’s last meeting on Aug. 13 and this past Tuesday. “Now we’re down to 15-yard dumpsters and how many have gone out – four?”

Alden said the agreement was for 15-yard dumpsters and these had been used throughout the summer.

“When we made the agreement, we were all under the impression we were talking 30-yard dumpsters,” Sujdak reiterated. “I appreciate the diligence with what’s happening at this point in time, but who’s to say it’s going to continue? It seems to stop and the start again.”

An obviously frustrated Alden said that the equivalent of eight 30-yard dumpsters full of debris was supposed to be moved off the site over the last month, “but that was supposed to be with help that was supposed to come, but never did. I’ve had two hours of help up until today, when one guy from Griff’s showed up for most of the day.”

Sujdak asked Suhoski, “If we were to make a motion to forward (with an order), and Mr. Alden continued to clean up while under appeal, there’s nothing to stop us from going to court and telling the judge, ‘You know what, he’s doing the job now and doing what he said he was going to do.’ Could we come back and review this in 30 days?”

“That is one scenario that could work,” said Town Counsel John Barrett. “If the order is issued and Mr. Alden appeals it to the court…either we might not have to be in court right away or, if the court schedules a hearing, we could report that he’s making good progress.

“But, at some point, the court may make a decision that he’s doing everything he can and you can’t expect him to do much more.”

Board member Rebecca Bialecki, fearing the onset of winter could delay the cleanup effort, made a motion to issue the order declaring the property “a dangerous condition and nuisance” and ordering an expeditious cleanup. The motion was approved on a vote of 4-1, with Kala Fisher dissenting.

Under the order, Alden is required to proceed with a speeding cleanup “by noon of the day following service of the notice.” Barrett told the Athol Daily New that while there is no deadline for Alden to complete the cleanup, the building inspector has the right at any time to determine if there is a lack of progress and, if so, order that the town take charge of the cleanup. Any costs borne by the town as a result would be reimbursed through the placement of a lien on the property.

Greg Vine can be reached at gvineadn@gmail.com.