GREENFIELD — Following input from the Conservation Commission that a notice of intent would need to be filed, Mackin Construction Co. has withdrawn its application through the Zoning Board of Appeals for a special permit to expand pre-existing earth removal and blasting operations on Butternut Street.
The proposal is likely to come before the ZBA again, however, following deliberations of the Conservation Commission. During Thursday’s ZBA meeting, Chair David Singer said his board had asked for input on the special permit application from various departments, including the Conservation Commission, which determined that further review and approval may be required.
“What happened is the application was reviewed by the Conservation Commission, and a request was made at the last meeting to have this application come before the ConCom, and file a notice of intent,” Singer said. “It gives ConCom a chance to speak about, especially the wetlands, issues that might be affected or impacted by this application.”
A map, included in the special permit application materials, showing Mackin Construction Co.’s proposed expansion of earth removal and blasting operations. 
A map, included in the special permit application materials, showing where Mackin Construction Co. is located, both in a residential and industrial zone.
In the application materials, Ryan Geeleher with Mackin Construction wrote that earth removal and blasting activities have occurred on the Butternut Street site since the 1960s, and the business has existed, albeit in a different location, since the 1930s.
In a memo to the ZBA, Planning Director Ella Wise wrote that the earth removal business was grandfathered in as a non-conforming use, since earth removal was banned in the Planned Industry zone in 1989, and earth blasting was banned 15 years ago.
She added that the company has held special permits with the city and explosives user certificates with the Fire Department, and recommended that, prior to any special permit being issued, the ZBA should ensure a buffer area is defined; blasting frequency, noise, materials and impact are outlined; and all requirements instituted by the fire inspector, building commissioner, city engineer and Conservation Commission are met.
The Conservation Commission wrote to the ZBA that, as the wetlands delineation for the property expired in 2008, it would like to review the current conditions of the site and the impact that expanded operations would have.
“While existing site features appear to predate expanded local jurisdiction and no current violations have been identified, it is known the property contains wetland resource areas that are subject to regulation under both state and local law. A current wetland delineation is required to understand existing site conditions. There are portions of the property believed to be riverfront area that have been disturbed prior to 2014, but don’t appear to be actively used today,” Conservation Agent Jessica Siegel wrote. “For a new owner and operator, disturbed site conditions may give the false impression that these locations are acceptable areas to continue prior disturbance. Additionally, any future expansion of site activities will require an updated wetland delineation to ensure compliance with the Massachusetts Wetlands Protection Act and the Greenfield Wetlands Protection Ordinance, and future activities may require an application to the Conservation Commission for review.”
ZBA members voted unanimously to allow the application to be withdrawn, without prejudice, meaning Mackin Construction can return with a new application in the future.
Mackin Construction also requested that the ZBA postpone a hearing on an additional special permit application to allow for the storage and sale of fuel at 33 Butternut St. Geeleher told the ZBA that more time was needed to continue research and ensure compliance with state regulations on fuel storage and sale.
The board unanimously agreed to continue the hearing to its next meeting.
