The owner of 12 Atlantic Ave., a small commercial property currently home to btone Fitness and Eat Well Kitchen, has recorded an environmental notice that will limit how the site can be used in the future after contaminants were found in the soil.
According to documents filed with the state Department of Environmental Protection, testing identified elevated levels of polycyclic aromatic hydrocarbons, arsenic and lead in urban fill beneath the property, attributed to “historical site operations” and detected at concentrations that mandate notification to state regulators.
The restriction, known as a Notice of Activity and Use Limitation was recorded Nov. 26 in the Essex South District Registry of Deeds. It allows the affected soil to remain in place but prohibits several future uses, including food crop cultivation, operating a daycare, school or recreational facility, and any single-family or multifamily housing redevelopment.
The affected area, made up of three small parcels totaling about 0.28 acres, sits in the town’s B-1 business district. While the AUL prohibits residential redevelopment without further remediation, town officials said this week that the lot is not part of the current draft MBTA Communities zoning district. The Community Development and Planning Department said the plan is still being finalized.
In notices sent Oct. 14 to tenants and abutters, the property owner’s environmental consultant, The Vertex Companies, wrote that the contaminated soil does not pose a risk under current commercial uses and that groundwater on the property is not impacted. Allowed uses under the AUL include commercial operations, parking areas, roadways and routine landscaping.
The company added that any excavation of contaminated soil “cannot be conducted without the prior development and implementation of a Health and Safety Plan” and related soil-management measures.
Petroleum-impacted soil
According to a Phase II environmental assessment submitted to the MassDEP, the contamination stems from historical uses of the parcel dating back more than a century, including an auto repair garage and a paint shop. “Petroleum-impacted” soil was discovered in 1993 near a 550-gallon heating oil underground storage tank and a dry well associated with the former automobile operations. Although most of the contaminated material was removed during demolition that year, the site underwent additional testing in 2020 as part of the property’s evaluation for sale, which identified remaining pockets of contamination. Marblehead Smiley Face LLC, an affiliate of Core Investments Inc., acquired the property that summer and reported the findings to the state that Fall.
Environmental filings show that multiple rounds of soil and groundwater testing were conducted between 2021 and 2024. Investigators found that contaminants remain beneath paved sections of the site but reported “no greater exposure potential” since the affected soil is not accessible in its current condition.
All interest holders were notified by mail, as required by state law. The restriction remains in place unless the soil is later remediated to meet MassDEP standards. Btone Fitness and Eat Well Kitchen may continue operating as usual, and the filings do not indicate any risk to customers or employees.
The tenants and the environmental consultant responsible for the site did not respond to requests for comment.
