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HomeMy WebLinkAboutMiscellaneous - 205 HOLT ROAD 4/30/2018h ,fig 1258 pORT11 3? e ^1. 6 OL O P ,SSAUSES Dat�!.�J..... J ..... TOWN OF NORTH ANDOVER A PERMIT FOR WIRING p8 Irl CN _ x This certifies tha has permission to perform . -. ........... :-�-< °- ............................ wiring in the building of....... � r .... . at ..1.59........................................................... . North Andover, Mass8 e -el Fee.. ""........ Lic. Nr. x'l,(................................................................. ELECTRICAL INSPECTOR A� y°, WHITE: Applicant CANARY: Building Dept. PINK: Treasurer P t" Uhl; Cnumnwnwalith of ffiaoes iBtFartttttttt of Public $afttq BOARD OF FIRE PREVENTION REGULATIONS 521 CMR 12:00 Oreo. U off Pirmlt No. 1`.! Occupancy A Fie Cnedab-ff_= 3190 peeve bleep APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date Q* or Town of _NORTH 'ANDOVER To the Inspector of Wires: The udersigned applies for a permitto perform the electrical work described below. � Location (Street & Number) d� 0� /To /7- R�, C %R A ELLA ( ,ry Owner or Tenant _M1e P S'Z7'F d 2 t/e log( - Owner's Address - 3 c f}✓y�yh /�� I No.of Heat ocat ,oiai Purncs :ons K%1J Is this permit. in conjunction with a building permit: ? Yes _ No (Check Appropriate Box) r` r Purpose of Building Te ^I p I v,41 L Utility Authorization No. ib 7 9is Existing Service Amps _J Volts Overhead ;—i Undgrnd onra No. of Meters New Service Amps _J Volts Overhead _' Undgrna C No. of Meters Number of Feeders and Ampacity I Heating Cev ces KW Location and Nature of Proposed Electrical iNorl< T;IS �� e rM p �e✓v l cJL_ -j-a ecQ No. of Water Heaters KW /rt/r6,,,,., Low Voltage i Wiring No. of Lighting Outlets I No. of Hot ';:-s r I No. of Transformers Total KVA No. of Lighting Fixtures i Swimming Pcoi Aocve.— In, t— I grna. — grna. '— Generators KVA No. of Receolacis Outlets No. of Oil Surners No. of Emergency Lighting Sanery Units , No. of Switch Outlets I No. or Gas _urrers FIRE ALARMS No. of Zones No. of Ranges I No. cf Air Ccr.c. 'plat chs No. of Detection and Initiating Devices No. of Disposals I No.of Heat ocat ,oiai Purncs :ons K%1J No. of Sounding Devices No. of Dianwaanera I SoaceiA(ea Heating I(%y No. of Self Contained Ostection/Sounding Oevk:es No. of Dryers I Heating Cev ces KW Local '— Municipal - Other Connection No. of Water Heaters KW No. of No )t I Signs eailas:s Low Voltage i Wiring No. Hydro Massage Tubs , ' I No. of Motors .otai HP OTHER: INSURANCE COVERAGE. Pursuant :o the (eau,rements :)i Massac-users ;eneral Laws 1 have a current Liaollity Insurance Policy incluaing C;,mc:etec Ccerauons Coverage or its substantial equivalent. YES _ NO = 1 have submitted valid proof of same to the Office. YES = u0 = It you nave cnecxea YES. prase Indicate the type of coverage oy checking the ae5rocriate box. INSURANCE 8ON0 = OTHER = (Please Scec:.y) 16 — Q F Estimated Value of E!ectncai works (Excitation Ouel work to Start 10 - a V - 4 7 Signeo unser the Penalties of perlur) FIRM NAME Pel, Insoectton Date Aacues:ec: Rough /0 `-?O - 9% • Final /0 -30 -9'% UC. NO. --?O F q 6 Licensee P ,A 1 Signa:ure .—'-? LIC. O. �Adonis 40 AAO 1`172k lts. No.�OS%G OWNER'S INSURANCE WAIVER: I am aware that the Licensee cues not nave Ina insurance coverage or Its substantial equivalent as to. qulreo by Massachusetts General Laws. ane that my signature an :^.is -ermit aopiicatlon waives this requirement. Owner Agent (Please check oner (Signature of Owner or Agenti :eteonone No. PERMIT FEE i x 0 0.;�. n _ O O z y 2 m x a n � a x F` X O IA J; ^ rwo n rp°D- n r°- n n C 0 O O n 1 0 .mj � _6 S N A O Z ` 1 = u • D fl a r co m c p r z O 0 Z n > r 0 A Z 1 n = Z o a A C �rl- n A a A z e 0 n17. 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O (A -qz> (Aon �Az m c a � 'O�0 m Z ic) r O Z�> m n �z I0 O 04 c m> n in mm mm H CD CCD O CL d9 = =r CL so a� CDO v 06 cr:e cD 0 O �CD CA CD Cr O CO) C2 0 CO) �Y CD n Cl rF CD CD a CO) CD CO) O CD 0 cn VJ rw g7R o CA a a: O to m MCD y CS ca cl H CD CCD O CL d9 = =r CL so a� CDO v 06 cr:e cD 0 O �CD CA CD Cr O CO) C2 0 CO) �Y CD n Cl rF CD CD a CO) CD CO) O CD 0 cn VJ rw g7R o mr a a: O to m MCD y CS ca cl Z c p O1 ?-c H = mo?a 5 V• w o s� IE ?!R > >�o .0 m to p ZS.CIO, n p N! n � � o o .V C ? p 101 FL O �m E o �� mm� m �o�c o, m h p .4 d ti G N COL d �1 C co = C%n � ✓ C ff cm IE � H BE mCDkar_ �o o mo y IF �m c NaC- .0► � te, �. �o 1 y C', m y mMa Y to 1 C"tzn y r CIA r Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director November 17, 1997 M.R.P. Site Development, Inc. P.O. Box 2840 Lynn, MA 01903 RE: Holt Road Landfill Dear Mr. Gustenhoven: 30 School Street North Andover, Massachusetts 01845 This letter is to confirm that on October 29, 1997, the North Andover Board of Health granted a variance to allow the installation of a temporary tight tank at the site of the Holt Road landfill with the conditions that: 1. Further approval is granted by DEP NERO 2. The tank is to be pumped monthly at first to determine an appropriate pumping schedule 3. All pumping reports are to be submitted to the North Andover Board of Health 4. Removal of the tank at the end of the project shall be witnessed and approved by the North Andover Board of Health. If you have any questions, please do not hesitate to call the office. Sincerely, Sandra Starr, R.S. Health Administrator Cc: Board of Health DEP Mike Howard, NACC �R. Nic&ta;'Bldg: K. Colwell, Plnng Bill Scott, Dir. CD&S File F << ; NOV 1 7 1997 F CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 *BUILDINGOFFICE - (978) 688-9545 0 *ZONING BOARD OF APPEALS - (978) 688-9541 0 *146 MAIN STREET 1 NORTH 1 � OL M SSACNUS�t�y 220FrNrtm�a0 j �_Zrm-=o;�__. Y m;ry �ryl r fRR,1l y yol-nzfn a m4Nt50� ?--R` �g ;fr?�3 >zmr =off " ;z+, GCm aim fg� m��o���" 40 3 - OC r;;. •g ° + \AO moz g2a pin .. miz N �kao�,r93� y S i'li �r T °I�orr� ar zw ..I p &•ggeaS 8 Ac�r� .' o �O3qo znz g T m I o I _ 11� � Zai � s " rl I ° • ■ fj�„t _� '� --g. r l►:t;�Fl�i[ tar j N � r maw— no I 1 ' `=�^/���[%(jam ftil•�` _ _ —i N \ 3361S D / Iyv > m I 1 /< / D z - p m 1 'RCP D g rr D Z 00 1 / 4_/ om 0 .n �. 1 a RI r 1 i 1 1.._. "t � •� � .. �� N. �Ifl. l 1� 1 ' .\ \ � � i ^� I-1 LTi :T1 loo III Y a �i1 0 < 1 N +t7 0 i m . t r l aid \ > (no ,ot x o j I x I 1 '9 1` D � /-- �\a'roi Z `•\ � ? `t ( `r I r I II{ 1 1 m' IA O Ib I ' �! . �11 � t , liz e, Y r � . ' �\ 1`\ \ i �� � '' -- ^�'� i - , \ 1 mn '1 (; .t-2 13 1 Z� x• m 1 j$ !1 � \.tom � jl 1.11 1 1j'O`\D`' '�, I �\ 1\r 1 ��� 'r• i m 1 y'11`1.._I• '+ •\`�,:• \ \ ,\ \\� .b. A �. ID �, \ I z.fi r i \\ \\ \,\ i r 11l , :� , f -��. Ng\_ y: N'0.... �� caVro OX i t j I iu�il. % m 1 i 3 1'g i/ m I _ /� /(. Y�\ i \m% 0 . A. (XIu 44 0"' g I 1 1 I t, i �•�I i m ,rl• �.�11/ ( DOz I 1 1 1`.' 1 �1 `,`��' ' . �\ ' k�✓s•\,'��\ ' ')146 6!G) // , f 11. ` a'^r.\\ \ - - - b$ •, ,;;, 1 I , I Iy SZ. r I 1 `� II � £ I r , , (p�T Y 'cX'. `/•!IC1['1!Y (' r I I. C ! ��, j (�/' \ 1 %� .U4' 'Z \ O i ♦ / i J !/ C) ! +; rN,• II I I { I 1 ,i •Y . �,� !,C\',: \•: D ,�� m�< .� ♦ Ir.�'/,; /,! 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'7r `�\ s [ a m A O z -i 2 N' '� ,�`. r.�.._ '-�.�.�� �.�.r•�+:p.,..r�� /..- O > i "1 c� !a a c4 to y > ! \\ I... r� z r� f� ^7 c $ A n v X11 .L1, •�.. 60--�_^ `\•_._�..._. ..'\/'G'.__' \ A z p p X o r —70-_ d ru I FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. "" " "APPLICANT FILLS OUT THIS SECTION AAPPLICANT f1f11_1zP �, Pp \�z �� �'r,�. PHONE LOCATION: Assessors Map Number PARCEL SUBDIVISION LOT (S) �TREET \1, /ST. / NUMBER ZC>S RREECOMMENDATI SOF Ofd CONSERVATION ADMINISTRATOR FICIAL USE ONLY AGENTS: DATE APPROVED DATE REJECTED Wit" ffSfM(4- \ . TOWN PLANNER DATE APPROVED Q DATE REJECTED COMMENTS _CQLA n, nrN.._ C, 01�Nr v F DINSPECTOR-HEALTHDATE APPROVED +ah- rg. /a) ` DATE REJECTED SEPTIC INSPECTOR -HEALTH DATE APPROVED U' DATE REJECTED 7 ?7 .i _z CO) C = d CO) CO) MZ y =6 o c 1. CZ = y a� c v CD �� O Q CD CD O CD w w a. S O CO) CZ 0 y —� O COCD v CO) O 10 Z CD CD sow I CD 0 k OCE m o "� C N am O N � c a � d �. .► d N p _ I. M S -, O Im m N om p.r o ?O ' =� 071 o IZ 0 0 Tj 0 G 1 cl 00 0 Q a ao�o m o--? OmN?o m c'M ' - a �- m 3 N R O C3 � O1 N N d O C o .� N C "• 3E m V1 1 "U O R" = O D r � s N T =m .� 1 SA` p?� � m a N N .P Q.- +� Somoo. c o CD y C'! m T m C003 O 3 m to PO 071 zr IZ 0 0 Tj 0 G �. 0 Q r *i NO February 28, 2000 r1 l� �bb � / g �� MASSACHUSETTS REFUSETECH, INC. A WASTE MANAGEMENT COMPANY 285 Holt Road North Andover, MA 01845 (978)688-9011 (978)794-8058 Fax BOARD OF STATE EXAMINERS OF PLUMBERS AND GASFITTERS Room 1511, Leverett Saltonstall Building 100 Cambridge Street Government Center Boston, Massachusetts 02202 Dear Sirs: Please find attached the Massachusetts REFUSETECH, Inc. (MRI) Application for Elevated Gas Pressure Review, with a check in the amount of $50 as required. As described in the application, the scope of work covers the installation of piping, equipment and controls associated with the auxiliary burners to be installed at the North Andover facility. The gas-fired auxiliary burners will be used for start-ups, shut -downs and transient conditions to minimize CO emissions and have been approved by state and local officials as part of the facility's Emission Control Project. A detailed Scope of Work with drawings is attached for your review. The piping and arrangement drawings include a lot of details of existing systems and plant components; the gas system P&ID is the best reference to show the complete scope of the proposed new system. Please call me at 978-557-8150 or 603-929-3227 if you have any questions on our application. Very truly yours, e—Da. . �J Y. W7~ --X David L. Raymond Project Engineer/Project Manager DLR/gb Attachments DLRl 12 cc: S. Emerson D. R. Nicetta — No. Andover Bldg. Comm. J. Diozzi — No. Andover Gas Inspector r"W* P. Sevigny — Bay State Gas Co. File 1.3.2 / 2000 L°JY 12 4 GAS SUPPLY TO NEW AUXILIARY BURNERS SCOPE OF WORK The scope of work covered by this application relates to the installation of gas-fired auxiliary burner equipment and associated piping for. the facility's waste -to -energy boilers. The new auxiliary burners will be used for start-ups, shut -downs and operational transients. The auxiliary burners will not be used during normal operation. Bay State Gas Co. recently up -rated the gas main supply pressure and installed a new gas meter at the applicant's facility. The new meter was installed to meet the needs of the facility with two of the four burners at full load. The auxiliary burners will only be used intermittently and it is not a requirement to operate the auxiliary burners in both boilers at full load at any given time. The design flow for the system is 80,000 ACFM. The total length of piping from the gas meter to the Unit #1 burners is approximately 240' of 6", 4" and 3" piping. Attachments: P&ID General Arrangement Dwgs. Piping Dwgs. Forney Dwgs. Forney Burner Data Sheet 09-28-P 118 Rev. 1 09-27-M021 thru M023 Rev. 2 09-27-M071 & M072 Revs. 3&4 09-28-P340 thru P347 (P340 Rev. 2, others Rev. 0)- 398063-01 Rev. C N/A BOARD OF STATE EXAMINERS OF PLUMBERS AND GASFiTTERS Room 1S11, Leverett Saltonstall Building, 100 Cambridge Street Government Center, Boston, Massachusetts 02202 617-727-9952 Application for Elevated Gas Pressure Review Must submit $SO each application - Make check payable to: Comet of MA Gas Inspector for the City of * RT -y1 Prr4po vEK Company/ Name P,ssAc.Hv3ET -S `IZJ�-FySETEr- N .Mjc./ 17Qv,� L. Street/City/Zip 2-09 P o l �- . VO4,4 �l o r A 4,10(o %r /'�g ssg cfi uS e-I�s 018,45- Signature/Title ro•e-fi EN M r • Telephone 97 8 - SS 7 -8iSo on this date: Z-- 204 oo has requested an elevated gas pressure system at: _ 20 Ps jq b0ti ; c1A )s 44e comy-.1 -.Ver/.r re.ss v re- +y 41i e tJo 4ti 4,1,1ove r by y S44e Cra s Co. for the following reason(s). 4 See a4&c A eJ pg j a z. , S cope o -F 4)o rK The manufacturer certifies that the equipment described here: Fou r (4) 40,o M j' 9 /i1 r Qa y - �; rej 4 v x:1;g tz b v,-., -,s , i -w o i-1 e ct, ,-F +te- -F c,i j y's ex„.sf'.t g 4rgs % bo:Jers Lo /oo F;�twg a has a gas input racing of y o. 000 ft. 3/hr. and requires a gas pressure of 3.57 10sr,3 (inehes/lbs.) Low pressure installation design for total connected load of -)/a ft. 3/hr. requires an IPS pipe size of n/ t Elevated gas pressure of za Ps --s b&.) will allow for an TPS pipe size of 3” fo ca ch bo r-ner . Please submit total developed or equivalent length of piping to the most remote area with this application. NOTE: Piping Plans Stamped By A Mass P.E. Must Be Submitted With This Application. The serving gas supplier, Bay S+wk Gas . Co. represented by (Signature / Title) on this date At .0 affirms thvaLt/it can ft. 3/hr . at the outlet of the meter set assembly. (ia a lbs.) of gas pressure and 80, 000 PLEASE MAIL APPROVAL TO: David % • �,nzmow%d n (print clearly) y� C/o / 4sS4CAUSe'�s REFvSETECK :rr►c.. 185 A.1 -k Rog.( t1o,4%, l}ndo✓ey-� ol8ys- The variance request from the Massachusetts Fuel Gas Code, Article 1.1. La.3. (as amended) is hereby granted/denied for elevated gas pressure of • 20 (inches:) Any additions or alterations to the system are not permissible without the prior written approval of the State Board of Examiners of Plumbers and Gasfitters. A completed copy of this variance request shall be filed by the applicant with the local gas inspector before the start of any work. Executive Secretary for the Board Date: elevgas w FORNEY CORPORATION NOWISER BURNER BILL OF MATERIAL, #REV1.BOM REV. 1 (12110/99) JOB SUMMARY WAPC PROJECT NAME: MASSACHUSETTS REFUSE TECH, INC: RESOURCE RECOVERY FACILITY -APC RETROFIT PROJECT WAPC P.O. NUMBER: 5065000 OP WAPC CONTRACT NUMBER 063830-026 FORNEY FILE NO: C10028, GAS ONLY, CUSTOMER MASSACHUSETTS REFUSE TECH, INC. PURCHASER WHEELABRATOR AIR POLLUTION CONTROL, INC PHONE: (412) 562-7282 FAX (412) 562-7177 CONTACT: BILL PIFER P.O. NO.: 5065.000 OP APPLICATION: MSW AUXILIARY BURNERS (2 PER UNIT) FIRING NATURAL GAS BURNER MODEL: WT20, 2 BURNERS PER BOILER BOILER: MUNICIPAL SOLID WASTE FIRED BURNER HEAT INPUT: 40.0 MMBTU/HR PER BURNER FURNACE PRESSURE: -0.2S' W.C. TURNDOWN: 8:1 PER BURNER BURNER PRESSURE DROP: 5.75' W.C. LOCATION: OUTDOOR EQUIPMENT RATING: NEMA 4X (NEMA 4 BMS CABINET) SITE ELEVATION: X500 FASL COMBUSTION CONTROL: MANUAL METERING CONTROLS FLAME SAFEGUARD: ALLEN BRADLEY SLC 5/03 PLC BASED FUEL: NATURAL GAS PRESSURE: 20 PSIG UPSTREAM OF FORNEY HEADER PIPING TRAIN, GAS PRESSURE NOT TO EXCEED GAS TRAIN PRESSURE RATING OF 30 PSIG. GAS PRESSURE REQUIRED @ MANIFOLD: 3.5 PSIG @ 100% FIRING RATE ELECTRICAL SUPPLY: PRIMARY POWER: 460/x160 CONTROL POWER: 120/1160 EMISSION REQUIREMENTS: NOX : 0.3 LB/MMBTU FIRING NATURAL GAS q MCR D C') Coa' m co ; L L C n m' cmi� N N N O 4b. C-) Z77 O O O N V1 v r O O m � NMv "I 0 "1 c m N v �,9 �; m rmmrrl �v> � m M �1A v II ;:o ;:oLn N C) r = � o� � o m Cn TI In Ail 5 F�. 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Z I x 1 07 m �!rl S I +� 1 I I7• - m 1 �!`9+ iu I ip • t - FC= zoX psir c4. I M Lq �- of ma _<� M r w r r r l u;- M z A n _ru om N_ 7r� f.ri�, uD/J 61 . O a Sy I A n rJ z z + > m L'1 S rJ 1 N vt vr=> rr AC]DA !Z, x- '171-1 3m IAS n• Jj rTIxD �❑ Z q to Al ^p- Jr�L--_ I �_-_-_ ._._._. _ ; r _-_._.___._._._._ _T 1 -_,--•-------------•----------------- .77 L.-_----- - ---- - - - - . w H4 l5W`EI�- -- r 1 �.- - ------------,......-- - - DD 10 W !.� I our r1 rl r1 rl wm� • yr , z T A N .0 .0 Do N ^'cN Z -0 i m D o` mon Z n r Z n W 10 t1 Mrl C NO. a 0 821 t NORTH 0 0 & ACHUS Date ...... ? ........ ?J ? TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that ......... has permission to per rorm �auz4J....xvs ... 2-W.1 t 4u7 wiring in the uilding of . M . ...... . ..... ..................... at.6...•••••• North Andover, Mass. Fee... ........ Lic. No.-30.QC ....................................... ELECTRICAL INSPECTOR O WHITE: Applicant CANARY: Building Dept. PINK: Treasurer 1 s . f +�� Office Use Onty 01 Lfamm ummitr of �rsa> � Permit No. � Bep=nIt of Vabilc —9-afeiq O=pancy & Fee Checked BOARD OF FIRE PREVENTION REGULATIONS 527 C51R 12:000 peave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code, 527 CMR 12:00 (PLEASE PRINT IN INK OR TYKE ALL INFORMATION) Date -20 7 7 (M* or Town of NORTH ANDOVER To the Inspector of Wires: The udersigned applies for a permit to perform the electrical work described below. Location (Street & Numbed No /7- 26, � Owner or Tenant O /L4 , Q pC /n4, Owner's Address -RIO S7a rJ Is this permit in conjunction with a building permit: Yes _ No (Check Appropriate Box) Puroose of Building Existing Service Amps _J Voits Utility Authorization No. 2 O 1 6V/ `- S Overhead Undgrnd r—. No. of Meters New Service /DD Amps 2YO/ /?-0 Molts Overhead Q Undgmc No. of Meters I Number of Feeders arc Ampacity 2- loo Location and Nature of Proeosed Electrical Work Znrs t-�l- LL T 1>on %2 �y 1C 7b _SU / eta V Z)a w22 v N 17- No. of Ligntmg Outlets I Na. cf Hct - cs I No. of Transformers KVA No. of Lighting Fixtures i Swimming P=ct S c e= :n.a _ I Generators KVA No. of Emergency Lighting No. Recectac:e Cutlets Z-- No. of Oil curners I Battery Units of v 2 No. of Switch Outlets I No. of Gas Surners FIRE ALARMS No. of Zones No. of Detection and Initiating Devices No. of Sourcing Devices No. Self Contained No. of Ranges No. of Air Con.c. iotas tons Heat Tn TOtat No. of Disposals No.of eu pr1a os ins KY! No. of Oishwasners I SoaceiArea Heaura K60.11 Oetac:on/Sounaing Devices 7--Muntcmai Local _ Connec'm Other No. of Dryers I Hearing Devices Kw No. of No. at Low Voltage No. of Water Heaters KW I Signs °atiasts Winnc No.:Hvdro Massage Tubs I No. of Motors 1 Total HP VL OTHER: INSURANCE COVERAGE: Pursuant :o the requirements of %Jassacr.usetts general Laws I have a current Liacitity Insurance Policy inctuctng Ccmc:etec Cceraticns Coverage or its substantial equivalent. YES it NO - I have suomittea valid proof of same to the Office. YES t NO - If you nave cnecxea YES. please inaicate the type of coverage cy cnecxing the approcriate oox. INSURANCE - BOND - OTHER - (Please Scec:�,o ,{� (Excitation Da Estimatea Value of Eiec:ncal Work g+r �5 oo Final 7 Worx to Start �—z O '9 :ZInsoec::on Date Racues:ec: Rough Signeo unser :he Penalties of perjury: FIRM NAME ��2r9 /� LIC. NO. Licensees r�4� �C�!l2d� Signature L.IC. No. 333 6_3 Rus. Tel. No. 6"? 33 L55 97 Address 6©S p'4 S¢.✓� �� 1c�e �` �"�r�' ��� �'%?Ar Alt. Tel. N.. OWNERS INSURANCE WAIVER: I am aware that the Licensee cces not nave tris insurance coverage or its suostanval ecuivalent as re- ouired by Massachusetts General Laws. ana that my signature on :n:s hermit application waives this requirement. Owner _ Agent (Please checx ones /71 Tetednone Nd. PERMIT FE= 3 I (Signature of owner or Agent) x-rc= & b f4,w'. 0 A4 MASSACHUSETTS REFUSETECH INC. EMISSIONS CONTROL PROJECT BUILDING PERMIT APPLICATION TOWN OF NORTH ANDOVER APPROVALS DOCUMENTS LOCAL BOARD APPROVALS REGISTRY OF DEEDS DOCUMENTS For: D. Robert Nicetta — Building Commissioner May 24,1999 MASSACHUSETTS REFUSETECH INC. EMISSIONS CONTROL PROJECT BUILDING PERMIT APPLICATION TOWN OF NORTH ANDOVER APPROVALS DOCUMENTS LOCAL BOARD APPROVALS REGISTRY OF DEEDS DOCUMENTS For: D. Robert Nicetta — Building Commissioner May 24,1999 May 24, 1999 Mr. Robert Nicetta Building Commissioner 27 Charles Street North Andover, MA 01845 Dear Mr. Nicetta: Subject: Massachusetts REFUSETECH INC. Emissions Control Project Phase II, Building Permit Application 2 WHEELABRATOR TECHNOLOGIES INC. A WASTE MANAGEMENT COMPANY 4 Liberty Lane West Hampton, New Hampshire 03842 (603)929-3000 This letter confirms the hand delivery of the Phase II Massachusetts REFUSETECH Inc. (MRI) Building Permit Application 2 portion of the Emissions Control Project. Two stamped full-size copies of the drawings were provided to you on 5/20/99; an additional application form and attachments are enclosed. The Phase II, Application 2 scope of work is described in the attached Wheelabrator Air Pollution Control (WAPC) memo with cost information. WAPC is the overall Project Construction Manager; all construction associated with the subject project will be done under subcontract to WAPC. This letter also provides you with additional copies of Local Approval Decisions previously submitted to you on February 10, 1999, and copies of documents obtained from the Registry of Deeds sent on February 16, 1999. These include North Andover ZBA approvals and decisions filed in Book 5227, pages 304 through 320, and five EMCON drawings (#86458-001-003 Rev. 2, 004 Rev. 4, 005 Rev. 0, 006 Rev 0. and 010 Rev. 0) filed as Plan 13342 2.25. At your request a Form U -Lot Release Form is attached and MRI's anticipated schedule of permit applications is also provided for your review. If you have any questions about these materials or our application, please call me at 603-929-3227. Very truly yours, -Do,4 -y- RAr"e-4 David L. Raymond, P.E. Project Engineer/Project Manager Attachments: 1. Local Approvals Documents - North Andover Board Decisions Copies of Registry Documents 2. WAPC Scoping and Cost Memo dated May 20, 1999 3. Building Permit Application Form 4. Form J! 5. Planned Building Permit Schedule with Area Designations cc: S. Emerson - MRI W. Pifer - WAPC DLR071 N bn O Cd W 00 T -i t~ U O 0 Ul - cn a � o a) � w - 1� 00 o co o T-4 m LO C U) N N 101 Cd r -i U) Cc, L: N cd � C C V) N r'I LO O P4 r-qLd U U) U) +� c bi p a Cd N r� (D .0 N = Cd x Cfl \ rl LO N Vf N C `n F, p 00. v� p 0 0 0 V) N O O p N W ftl cn CA Liz z s u F- X O U Cd rl A r --I .H Cd U U) U s~ U) m 1M4 OI ❑ z L cd 01 C 00 Cd N co � C v� Com. NCd u z F F F Z >~ U U E_ L c G C a Z�Fn vFi N T.", Cd C C C L z u z O t~ 0 a a) � w - 1� a o m C .H r-1 TS O r -I r i a ri N ;z �i s~ o U 0 a +-) U) s~ O r-1 •ri � N >4-) rn H x O `i oo U 00 N M O O N U o0 ^ O 00 ^ C- [— N O U rq cn F u Cd V N 'Q IL4 U Cd bA U i 0 - ° � "- ^U) N °O Qom .. UW] ►� /r- a0 o A , d w p U) •H �� ca Cd bf •r+ X N o \ s~ a) m O s~ m;•rl w 0 0 U) +-) cd O p (1) r q U) C < N ;-, 0 O +-) - a cd z +) W O +) ;j Ln O 0. P b0 4 cd U) +-1 -H f4 cd r1 U) O 0 r -q .❑ 0 cd v- z N N U)40 o C U r-+ L-, 00 ❑ U U) c a m i-> cd N �_ N `S' cd N O F w r-1 o U) O Lo oo A N x F w z c x cd ,C 3� c c F z a N L: cc c �' N z 00 � W ¢ o v E.. v N N C z < z OF u C ¢ 0- z Z ¢ l- " � C Z z F � Z Z Z _ 00 Cd N co � C v� Com. NCd u z F F F Z >~ U U E_ L c G C a Z�Fn vFi N T.", Cd C C C L z u z ❑ W F z crc F i P41 O t~ 0 a a) � w - a o m C .H r-1 TS O r -I r i a ri N ;z s~ o 4-) a +-) cid s~ r-1 •ri >~ N >4-) rn H x sz `i oo U 00 N M O O N LO o0 ^ O 00 ^ C- [— N O U cn F u w a u ❑ W F z crc F i P41 Interoffice Memo Wheelabrator Air Pollution Control �/ A WMX Technologies Company Phone: 412.562.7177 441 Smithfield Street Fax: 412.594-7818 Pittsburgh, PA 15222 May 20, 1999 To: David Raymond From: W. Pifer w Subject : Massachusetts REFUSETECH, Inc Ash Storage Building & APC Foundations The scope of MRI's second Building Permit application includes work associated the ash storage building expansion, truck aisle, conveyor gallery and foundations for the fabric filter and spray dryer absorber. The existing ash storage building is a three sided structure with an open wall on the South side. As part of this project, the storage building will be doubled in size and will be fully enclosed. The building will also include an enclosed truck aisle and conveyor gallery. The building will have FRP siding, lighting and a 20,000 CFM ventilation system with a wet scrubber for dust control. The attached listing of drawings provides details concerning this work. The building and foundations were designed by S/D Engineers in Pittsburgh, PA. Daigle Engineer's Inc has performed a Structural Peer Review Review of this design and resolved all their questions / comments with S/D. A copy of Daigle's review results letter is attached. WAPC conservatively estimates the value of this work to be $2,173,728. This estimate includes all costs associated with this work including demolition, materials and construction costs. Thanks. WAP ATTACHMENTS SID Engineers, Inc. 355 Fifth Avenue Pittsburgh, PA 15222 DOCUMENT TRANSMITTAL From: R. W. Bock (412.562.7525) S/D Engineers Contract No.: 01-0069-00 Date: 5/19/99 1 Transmittal No: 110 To: Wheelabrator Air Pollution Control, Inc. 791 441 Smithfield Street Pittsburgh, PA 15222 Attn: Bill Pifer Ref: Massachusetts Refusetech, Inc. - APC Retrofit Project The following documents are transmitted for the purpose indicated in the status column: Item Identification Rev. `Status Description .. 1 10, 2P, 09-24-AO03 0 RFC Ash Storage Building — Architectural — Plan, lH Elev. & Details 2 10, 2P, 09-24-AO04 0 RFC Ash Storage Building — Architectural — 1H I Elevations 3 10, 2P, 09-24-AO06 0 RFC Ash Conveyor Enclosure — Architectural — 1H Plan, Elev. & Sections 4 10, 2P, 09-24-AO08 0 RFC Ash House and Boiler Building — 1 H Architectural - Modifications 5 10, 2P, 09-24-A010 0 RFC Door, Hardware, & Finish — Architectural — 1 H Schedules 6 10, 2P, 09-25-EO19 0 RFC Grounding Plan 1H 7 10, 2P, 09-25-EO20 0 RFC Grounding Details 1H 8 10, 2P, 09-25-EO34 0 RFC Ash Handling Area and Stacking Conv. 1H Lighting Plan 9 10, 2P, 09-27-MOO5 1 RFD Ash Handling Area — Phase 2 — Plan 1H 10 10, 2P, 09-27-M006 1 RFD Ash Handling Area — Phase 2 — Section lH 11 10, 2P, 09-28-P200 0 RFC Ash House — Underground Piping - lH Relocation Arrangement 12 10, 2P, 09-28-P201 0 RFC APC Area — Underground Piping — 1H Relocation Arrangement Sheet 1 13 10, 2P, 09-28-P202 0 RFC APC Area — Underground Piping — 1H Relocation Arrangement Sheet 2 14 10, 2P, 09-29-SO03 0 RFC Ash Conveyor Enclosure — Foundations & lH Trench — PlanSections & Details 15 10, 2P, 09-29-SO04 0 RFC SDA & Fabric Filter — Foundation Plan 1H 16 10, 2P, 09-29-SO05 0 RFC SDA & Fabric Filter — Pier Details 1H TYPE CODE STATUS CODE ITEM/ ITEM/ TYPE TYPE Original .........................0 For information ......................... FI 1. Emerson, S. 1H 11. Kaczmarek, J. Copy .............................0 For Review and Comment ......... FR 2. Raymond, D. 1H 12. Smay, R. Transmittal Only ........... X Preliminary ..........................P 3. Brown, G. 1H 13. Bock, R. x Print. .............................. P Released for Approval ............ RFA 4. Chamey, S. P -Partial 14. Dept. File Diskette .........................D Released for Bid ......................... RFB 5. Gales, E. P -Partial 15. Flat File 1P I I X 17 Reduction ........ H Released for Construction .......... RFC 6. Jhaveri, Y. P -Partial 16. Project File 1H Reproducible................R Released for Purchase ............RFP 7. Moffit, J. P -Partial 17. Trans. File X Proceed ................................ PRO 8. Swaney, F. 18. Proceed as Noted .................... PAN 9. Thomas, J. P -Partial 19. Correct & Resubmit ............. CRS 10. Walcott, T. 20. SID Engineers, Inc. 355 Fifth Avenue Pittsburgh, PA 15222 DOCUMENT TRANSMITTAL From: R. W. Bock (412.562.7525) S/D EnuinaPrS [ nntrnrt Nn_- Al -MAO -nn Date: 5/19/99 Transmittal No: 110 To: Wheelabrator Air Pollution Control, Inc. 441 Smithfield Street Pittsburgh, PA 15222 Attn: Bill Pifer Ref: Massachusetts Refusetech, Inc. - APC Retrofit Project 17 10, 2P, lH 09-29-SO06 0 RFC SDA & Fabric Filter — Ground Floor Slab plan 18 10, 2P, 1H 09-29-SO09 0 RFC Ash Conveyor Enclosure — Drain Pit — Plan, Sections, & Details 19 10, 2P, 1H 09-29-SO14 0 RFC Ash Storage Building and Truck Aisle — Foundation Plan & Sections 20 10, 2P, 1H 09 -29 -SO 15 0 RFC Ash Storage Building and Truck Aisle — Foundations Slab Plan & Sections 21 10, 2P, lH 09-29-SO35 0 RFC Demolition 22 10, 2P, 1H 09-29-SO37 0 RFC SDA & Fabric Filter — Pier Details 10. Walcott, T. 20. REMARKS: These drawings are issued for permit application purposes only. Note: Original plus one print sent to W. Pifer c/o J. Motte at site. TYPE CODE Original .........................0 Copy.............................. C Transmittal Only ........... X Print............................... P Diskette .........................D 11 X 17 Reduction ........ H Reproducible ................ R STATUS CODE For Information .........................FI For Review and Comment ......... FR Preliminary ..........................P 2. Raymond, D. Released for Approval ............ RFA Released for Bid.........................RFB 3. Brown, G. Released for Construction .......... RFC Released for Purchase ............RFP 4. Chamey, S. Proceed ................................ PRO Proceed as Noted .................... PAN Correct & Resubmit ............. CRS ITEM/ TVPF ITEM/ rVDL' 1. Emerson, S. 1 H 11. Kaczmarek, J. 2. Raymond, D. I H 12. Smay, R. 3. Brown, G. 1 H 13. Bock, R. X 4. Chamey, S. P -Partial 14. Dept File 5. Gales, E. P -Partial 15. Flat File 1 P 6. Jhaveri, Y. P -Partial 16. Project File 1H 7. Moffit, J. P -Partial 17. Trans. File X 8. Swaney, F. 18. 9. Thomas, J. P -Partial 19. 10. Walcott, T. 20. 05/20/1999 07:23 412-562-7551 S/D ENGINEERS PAGE 03 6-19-1999 A:32PM FROM P.2 May 19, 1999 Robert Nicetta Inspector of BnUdingo Town of No. Andover, MA Town Hall — 120 Main Street No. Andover, MA 01845 RE: STRUCTURAL PEER REMW MASSACHUSETTS REFUSETECH, INC APC RETROFIT PROJECT. HOLT ROAD - NO. ANDOVER, MA (DEI Proicet No. Wols ) Dear W. Nicetta: Our firm has been retained by Wheelabrator Air Pollution Control Incorporated (WAPC) to conduct an independent structural engineer review of various portions of the proposed structural work as- sociated with the referenced project. The objective of this review being to determine if the structural plans and specifications for the noted portions of the referenced project, are in compliance with Structural Code requirements, following the guidelines established in ' Section 110.11 and Appendix I ' of the Massachusetts State Building Code, 780 CMR, Sixth Edition. This objective is limited in that it is to be only to the extent necessary to render an opinion regarding the stability and integrity of the primary structural system of the building. At no time shall it be construed that our office (Daigle Engi- neers, Inc.), the Structural Engineer Project Peer Reviewer, through this peer review, is supplant- ing, or joining with, the S.E.R. (structural engineer of record) in his or her professionul responsi- bility for the design of the Structural System. phase I of the work, for which this report is applicable, consists of 1) The Ash Storage Budding superstructure and foundations. 2) The Spray Dryer Absorber foundations. 3) The Fabric Filter foundations. 4) Conveyor Gallery structure and foundations. The structural work in Phase I is as defined by wAPC's request for proposal specification # 0501/00, dated March 9, 1999. Dale Fffle"er% Inc. 1 Fast River Plam Mettlulut, MA 01844-3818 978 682 1748 978 662 6421 fax www.da�,4'lepe.com DEI•Silo" ►4;1SPMa •DW1SLM519.duc♦Pa01or3 05/20/1999 07:23 412-562-7551 S/D ENGINEERS PAGE 04 6-19-1999 d:33PM FROM P.3 Page 2 of 3 May 19, 1999 Structural Peer Review • Robert Nicetta Phase 11 of the work, wbieh is not covered under the scope of this report, includes review of: 1) The Lime Silo foundations. 2) The SNCR tank foundations. 3) The Contact Water Storage Tank foundation. 4) The pacts tank foundation. 5) MCC building foundation. - 6). Fly ash conveyor support foundation. 7) Duct support foundations. Review of the structural design for Phase 11 is scheduled for a later date. For our Phase I review, the owner provided us with contract drawings depicting the proposed work, and corresponding structural sections of the specifications. The Structural Engineer of Re- cord (SER) Eugene H. Gales, P.E., of S/D Engineers, Inc., prepared said documents. A copy of the geotechnical report prepared by Haley and Aldrich, and the SER's calculations for specific ele- ments were also submitted. As adpulated in " Appendix I " of 780 CMR, our office performed the following tasks: ✓ Checked to assure that the dcsign loads are is conformance with the requirements of the Massachusetts State Building Code, 780 CMR - Sixth Edition. 1 Checked that the design criteria and assumptions conform to 780 CMR, and are in general compliance with accepted engineering practice. ✓ Reviewed the Geotechnical report for verification that the design properly incorporates its results and recommendations. ✓ Checked that the organization of the structure is conceptually correct and that the load paths are adequate to deliver forces from the building frame through the foundations and into the supporting sub grade. ✓ Performed independent calculations for a representative &action of the systems, mem- bers and details, adequate to form a basis for our conclusions. During the course of our review, we exchanged correspondence with, and conferred directly by phone with Mr. Gales, the SER, to request clarifications and discuss issues of concern. All such issues of concern have been resolved to our satisfaction and we have been informed the final con- struction will incorporate the necessary adjustments. it is our professional opinion that the design loads and design assumptions used for the design of this project conform to the requirements of the Massachusetts State Building Code, 780 CMR, and are in accordance with accepted engineering practice. We further state that there are no unresolved disputes between the structural engineer of record Eugene H. Gales, P.E. - S/D Engineers, Inc_) and the independent structural reviewing engineer (Daigle Engineers, Inc). DSI •3/ 19/99 1 u:IS FM • 6 D0015L990519.doo • TALC 2 of 3 05/20/1999 07:23 412-562-7551 5-19-1999 d:33PM FROM S/D ENGINEERS PAGE 05 P. d Page 3 of 3 May 19, 1999 Structural peer Review Robert Nicetta We trust that this will satisfy the needs of your office. Please caU if you have any questions or concerns. Very truly, DAIGLE ENGINEERS INC J thaua M. Longchamp, M.S.P.E. Vice President/ Structural Engineer &—.,1O11AT4AN lifAbNGGiAVIp t1CTULo.'3587 � O x/e: Bill Pifer - Wheelabrator Air Pollution Control Inc. Gene Gales, P.E. - S/D Engineers, Inc. .TML/keo t -m DPI + 3/19/99 • 4:15 PM • • DOOISLW51D.doc • PiW 3 0[3 FORM U - LOT RELEASE FORM % INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from*compliance with any applicable or requirements. APPLICANT FILLS OUT THIS SECTION APPLICANT Massachusetts REFUSETECH INC. PHONE 978-688-9011 LOCATION: Assessors Map`Number 34 PARCEL 21 SUBDIVISION n/a LOT (S) STREET Holt Road ST. NUMBER 285 "�""'""""'*OFFICIAL USE ONLY* RECOMMENDATIONS OF TOWN AGENTS: CONSERVATION ADMINIiTRATOR COMMENTS DATE APPROVED DATE -REJECTED_ TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR -HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR -HEALTH DATE APPROVED DATE REJECTED COMMENTS . 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A WASTE MANAGEMENT COMPANY 285 Holt Road North Andover, MA 01845 (978)688-9011 (978)794-8058 Fax June 28, 1999 Mr. D. Robert Nicetta Building Commissioner Town of North Andover 27 Charles Street North Andover, MA 01845 SUBJECT: Massachusetts REFUSETECH Inc., Emissions Control Project Stub for Second Building Permit Dear Mr. Nicetta: Per your request, please find enclosed a photocopy of the check and stub submitted to the Town of North Andover on June 4, 1999. This payment was for the Building Permit covering the Ash Building Structure Addition and Equipment Foundations. Please send the white copy of the receipt form for this payment at your earliest convenience. Very truly yours, David L. Raymond, P.E.. Project Manager DLR/ns/079.doc S. Emerson File:5_4.13k 7� 7 F�. H may.. +` U. zi 4 H N 0` iZa �� O % W Ln J W \ N Q I I Uj ►-^'O t€v ❑ Q Z z 0 F N Y Y a uu o LU w w `I xz o U W 'g,ji". �,- s t r �ME , o� ' v` ""' e in r ��v F.. Z �'ry�'3t •$V w LU • .. „ r. xz>. t4„«• r �r �. 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EMISSIONS CONTROL PROJECT CONSERVATION COMMISSION BOARD OF HEALTH ZONING BOARD OF APPEALS PLANNING BOARD SUBMITTED IN SUPPORT OF BUILDING PERMIT APPLICATIONS FEBRUARY 10, 1999 N m n0 0z �m .z O z ��`3t0 CVtFt ld ca Form 2 !J a Commonwealth of Massachusetts (To oo cror,asa by oEP) — North Andover toouc:rMass Refusetet:i�, Znc:. Ca,e a.4u.at cc.c --2/1'9/98 258 Holt Road POSITIVE Determination of Applicability Massachusetts Wetlands Protection Act, C.L_ c. 131, §40 From NORTH ANDOVER CONSERVATION COf-h SSION Issuing Apithonty To Mass Refusetech, Inc. Commonwealth of YA (Name of cerscn making request) (Name of praoerry owncr I Address 258 Holt Rnad - Adcress TiliS dc-terminaticn is is:,ued and delivered as follows: _— date) 0 by hand delivery to oerscn making request on ,_ March 5, 1998 (dare) XXX by certified maxi. return receipt requee;ed on 9 go u Lon Comn+; oc; nn Pursuant to the authority of G.L C. 13 1, bdO, the _North Andover Corlservsr has consideree! your reaues; tar a Determination of Acolicability and its sucocrtinc� documentattan, anti Ih2 ; mace the fcllowing determination (c`teck whic:iever is applicaclel: 258 Holt Road — Lccaticn: Street Address Lot Nunber. . The area descnbeo below, wwcti incluces ail/par of the araz described In your -I .- t. is . n Area Subjec: to Prctec-icn Under the Act. i heretore. any removing, tiff'ng, dreddinn or altering of that area requires the filing of a Notic2 of intent_ Plan entitled "Site Topography & Wetland Delineation" Drawing #1 prepared by Emcon daced.12/9/97. 2. The work oesc:iced below, which irtc`.udes elf; �2tt of the work desc: bed in your recuest. is within an Area Suclec: tc Protection Under the Ac: and w6l remove. !ill. drecce cr'atter that area. TI-ere- an fore. said werx requires the filing cf a Notice ct Intent. F-Hac:ive i ,/10/fi9 O Lii/.Iii`. 1 ' MAR 1 2 1998 ENCC -.a r m co s0 D> 20 n Town of North Andover „oRT" OFFICE OF 3j °� COMMUNITY DEVELOPMENT AND SERVICES p 146 Main Street North Andover, Massachusetts 01$45„_ 'SSACHusEtt lLLIAM J. SCOTT Director July 29, 1998 Mr. Richard Rowen, Chairman - North Andover Planning Board 120 Main Street North Andover, MA 01845 Dear Mr. Rowen: During the past few months, the Board of Health has been evaluating the proposed retrofit of the MRI solid waste incinerator on Holt Road. Most notably, a series of public meetings were held whereby the proponents and opponents of the project were able to present their views to the Board of Health. Also, in conjunction with your Board, the firm of Alternative Resources Inc. (ARI) was hired to look at all aspects of the MRI retrofit and to make a report to the Boards with a recommended course of action. David Minott of ARI worked closely with the Board of Health and attended all of the public meetings. You have received copies of the ARI Report. Although much evidence was presented to the Board of Health regarding the dangers inherent in some of the emission products from the MRI incinerator, it is the opinion of the Board that in the quantities expected to be released after the retrofit that these emissions will not pose a health threat to the citizens of North Andover. We recommend that the monitoring requirements presented in the ARI Report be included as part of any decision that your Board makes. In.addition, we would recommend that the 11 BOARD OF APPEALS 688-9541 BUIIAING 688-9543 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 July29, 1998 page -2 - Planning Board formally designate the Route 495/Route 125 connector as the access route for incoming and outgoing trash trucks. This has informally been the designated route for a number of years, but the Town would benefit by making this designation explicit. Sincerely, Ga on Osgood, Chairman North Andover Board of Health GO:gb cc: Robert Halpin, Town Mgr. Francis MacMillan John Rizza Ken Kimmell David Minott C Eo N OZ DZ �G) C13 rD 0) ; v • MCRT, JOYO 'OWN CL Wfv" NORTH ARC%'!cR AUG 1910 TOWN OF NORTH ANDOVER MASSAChAUSET -'S BOARD OF APPALS BOARD OF APPEALS DECISION Massachusetts REFUSETECH. Inc. 285 Holt Road North Andover, MA 013.15 DECISION Petition #023-98 The Board of Appeals held a public hearing on. Tuesday evening May 19, 1998, and continued that public hearing on June 9, 1998 and to July 1.4, 1998, and August 11, 1993 to consider the application of Massachusetts REFUSETECH. Inc. requesting an Earth Removal Permit with respect to premises at 235 Holt Rd., North Andover, Mass 013.45. The following conditions apply: O1. The soils to be excavated are comprised of original site soils plus clean structural fill. 2. The excavation material will be stockpiled on-site, not trucked off-site. 3. While stored on-site, measures will be taken to prevent wind and water erosion of the stockpile (e. g.; containment, silt fences, hay bales, seeding, etc.). 4. The soils will be re -utilized on-site for backfilling foundations and re -grading construction area contours. 5. If excavated soils are sent off-site, they will be tested and managed in accordance with the applicable , regulatory standards. 6. That all movement of soil is in accordance with the Dust Control Plan (as attached) dated July 29, 1998, for Mass REFUSETECH, Inc., by "EMCOM' of 3 Riverside Drive, Andover. MA 01310. 7. The quantity requested of earth removal to be no more than 3,000 yards (well below the 5,000 yard limit). The following members were present throughout the public hearing, and voted to grant the requested Earth Removal Permit. Chairman William J. Sulllivan, Vice -Chairman Walter F. Soule, Robert Ford Ellen McIntyre. and George Earley. William J. Sullivan Zoning Board of Appeals attachment/ ml/soil to i : to mrtifyftt bftnly c..;?.I� I oa ftm dmo et deds+oa M d .)ossa ram BOARD OF APPEALS DECISION 10 Tam Clak 10 REc�,*v'c JOYCE 8Rd6E,ia1Y TONIN CLIK NORTH ANDOVER Massachusetts REFUSETECI-L Inc. 285 Holt Road DECISION North Andover, MA 01845. * Petition Z9 Q i:. ry 'ya ATTEST: A7kae Copp Toqn Clerk N . T. S The Board of Appeals held a public heating on Tuesday evening May 19, 1999; and continued that public hearing to June 9, 1998, and to July 14, 1998, to consider the application of Massachusetts REFUSETECH, Inc. requesting, with respect to premises at 285 Holt Road, North Andover, the following zoning relief: (1) a VARIANCE. ;i-om Section 7.4 of the Zoning Bylaw to allow the height limitations of the Zoning Bylaw to be exceeded; (2) a MINOR MODIFICATION OF A VARIANCE issued on April 13, 1982, from Section 7.4 of the Zoning Bylaw to confirm that the existing boiler building at 285 Hold Road falls within the terms of that variance; and (3) a DETERMINATION under Section 8.1.5 of the Zoning Bylaw that the proposed number of off-street parking spaces at 285 Holt Road is adequate. The following members were present throughout the public hearing, and voted on the requested zoning relief: Chairman William Sullivan, Vice -Chairman Walter Soule, Robert Ford, Ellen McIntyre, and George Early. Notice of the public hearing was advertised in the North Andover Citizen on April 28 and May 5, 1998, posted, and mailed to parties in interest as required by G. L. c. 40A, § 11. Upon duly made and seconded motions, Board voted unanimously to GRANT the application for the reasons set forth below. FTSDINGS 1. Massachusetts REFUSETECH, Lic. (NNiRI") owns and operates an existing resource recovery facility located at 285 Holt Road in North Andover (the "facility"). 2. The facility operates within the framework of 20 -year service agreements between MRI and 23 communities, including North Andover, that are members of the North F.,ast Solid Waste Committee ("NESWC"). The service agreements ensure that the facility meets the municipal solid waste disposal needs of the NESWC communities. The facility also serves private waste haulers on a contract basis. 3. The facility was constructed in the early 1980s. As part of the construction planning process, MRI sought a variance so that the tall boilers required for a resource recovery facility could be enclosed by a boiler building. The Board issued a variance on April 13, 1982 a)lowing the facility to be constructed to approximately 102 feet above the height of the tipping floor (equivalent to 117.5 feet above grtdej 01992 vifigo-F). Al built, the height of the existing boiler building is 106.5feet above the elevation of the 08/19/98 WED 11:38 1T\/RX NO 51991 1 ! RECEIVED. JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER 10' .i(fL Z9 12 14 FV, '9$ BOARD OF APPEALS DECISION Massachusetts REFUSETECH, Inc. 285 Holt Road * DECISION North Andover, MA 01845 * Petition # �� ******************************* The Board of Appeals held a public hearing on Tuesday evening May 19, 1998, and continued that public hearing to June 9, 1998, and to July 14, 1998, to consider the application of Massachusetts REFUSETECH, Inc. requesting, with respect to premises at 285 Holt Road; North Andover, the following zoning relief. (1) a VARIANCE from Section 7.4 of the Zoning Bylaw to allow the height limitations of the Zoning Bylaw to be exceeded; (2) a MINOR MODIFICATION OF A VARIANCE issued on April 13, 1982, from Section 7.4 of the Zoning Bylaw to confirm that the existing boiler building at 285 Hold Road falls within the terms of that variance; and (3) a DETERMINATION under Section 8. 1.5 of the Zoning Bylaw that the proposed number of off-street parking spaces at 285 Holt Road is adequate. The following _ members were present throughout the public hearing, and voted on the requested zoning relief: OChairman William Sullivan, Vice-Chaiiman: Walter Soule, Robert Ford, Ellen McIntyre, and George Early. Notice of the public hearing wis advertised in the North Andover Citizen on April 28 and May 5, 1998, posted, and mailed to parties in interest as required by G. L. c. 40A, § 11. Upon duly made and seconded motions, Board voted unanimously to GRANT the application for the reasons set forth below. FINDINGS 1. Massachusetts REFUSETECH, Inc. ("MRI") owns and operates an existing resource recovery facility located at 285 Holt Road in North Andover (the "facility"). 2. The facility operates within the framework of 20 -year service agreements between MRI and 23 communities, including Norih Andover, that are members of the North East Solid Waste Committee ("NESWC"). The service agreements ensure that the facility meets the municipal solid waste disposal needs of the NESWC communities. The facility also serves private waste haulers on a contract basis. I 3. The facility was constructed in the early 1980s. As part of the construction planning process, MRI sought a variance so that the tall boilers required for a resource recovery facility could be enclosed by a boiler building. The Board issued a variance on April 10 13, 1982 allowing the facility to be constructed to approximately 102 feet above the height of the tipping floor (equivalent to 117.5 feet above grade) ("1982 variance"). As built, the height of the existing boiler building is 106.5 feet above the elevation of the r RECEIVED JOYCE BRADSHAW TOWN CLERK 2 NORTH ANDOVER tipping floor (equivalent to 122 feet above grade). The Boalt gdsll�t,4e ance does not implicate any of the interests protected by the Zoning Bylaw. 4. In addition, on June 2, 1982 the Board granted a second variance from the height requirements of the Zoning Bylaw to allow construction of the existing stack at the facility to a height of 230 feet. 5. Federal and state requirements adopted pursuant to the federal Clean Air Act Amendments of 1990 require that additional air emissions control equipment be *installed* at the facility by no later than December 19, 2000. 6. The proposed project consists of the addition of advanced air emissions control equipment and necessary appurtenant structures, including, among other things, spray dryer absorbers ("SDA's") and lime storage silos. The project is shown on three drawings submitted to the Board, entitled as follows: 1) "Plan to Accompany Application for Zoning Variance," dated July 14, 1998 (Drawing No. 86458-001-003 Rev. 1; 2) Lime Preparation Retrofit; General Arrangement Elevation", dated April 16, 1998, (Drawing No. 86458-001-005); and 3) "Air Emissions Control System, Retrofit General Arrag't Elevation," dated April 169 1998 (Drawing No. 86458001-004). (These three plans shall hereafter be referred to as "the Plans.") 7. As a result of design requirements, the SDA's must be 110 feet above grade, while the lime storage silos must be 88 feet, 1.5 inches above grade. ;Under the Zoning Bylaw, the maximum allowable height is 85 feet. However, the SDA's and lime storage silos are at heights lower than the approved height of the existing facility and stack set forth in the previously issued variances. 8. The existing facility is substantial and unique. It was designed, constructed, and permitted for the sole purpose of serving as a resource recovery facility, the only such facility in the I-2 zoning district and the only such facility in the Town as a whole. Unlike certain other industrial facilities, such as factories that can change assembly lines or mill buildings that can be converted to offices or residences, there is no reasonable use for MRI's facility except as a resource recovery facility. 9. The continued use of MRI's facility requires the installation of state-of-the-art emissions control equipment adequate to meet the U.S. Environmental Protection Agency's ("EPA") new technology-based emissions standards. EPA established the new sulfur dioxide and hydrogen chloride limits based on the use of SDA's. SDA's have been demonstrated in practice to be very efficient and reliable. No alternative emissions control equipment that is as efficient and reliable as an SDA could be installed at a height of less than 85 feet. The proposed height of the SDA's is based on the flue gas residence time necessary to achieve compliance with the new emissions limitations and reaction product drying time. The residence time is a function of and is directly related to the height of the SDA. In addition, the height of the lime silos has RECEiVEO JOYCE BRADSHAW TOWN CLERK 3 NORTH ANDOVER been minimized to the extent practicable by providing two one40size?si#osFfath than a single larger silo. The proposed height is required to provide the necessary lime storage volume, vertical space requirements for the lime slaking equipment and storage volume for the lime slurry product. 10. Literal enforcement of the height limitation in this case would result in substantial hardship to MRI because without the timely installation of the proposed equipment, the facility could not be put to its special purpose use. 11. The proposed emissions control equipment and associated lime storage silos will be no taller than the existing .boiler building, and will merely be new components of a facility that has been in existence for over *13 years. The new structures will not change the character of the facility's'industrial neighborhood from an aesthetic or any other standpoint. The proposed equipment is bracketed by taller portions of the facility on both sides, and will be barely be noticeable from any vantage point surrounding the facility. Moreover, the sole purpose of the proposed emissions control equipment and associated silos is to reduce emissions of air pollutants, and the Massachusetts Secretary of Environmental Affairs has already certified that "the project will have significant air quality benefits." Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form at 2 (Mar. 13, 1998). 12. The facility's largest shift is currently' 35 employees, which will increase to 36 as a result of the emissions control project. While the facility's current 52 parking spaces (including two handicapped spaces) are adequate to meet the facility's parking needs, MRI plans to increase the number of parking spaces to 56 (with three spaces designated for handicapped use, including one van accessible handicapped space). 13. The off-street parking requirements in Section 8.1.2 of the Zoning Bylaw do not address the parking needs of a resource recovery facility. GRANT OF ZONING RELIEF Based on the findings set forth above, the Board concludes that MRI has satisfied the provisions of Section 10.4 of the Zoning Bylaw with respect to the request for a variance. Specifically, the Board determines that: (1) there are unique circumstances relating to the structures on this site that are not present generally within the zoning district in which the land is located; (2) because of those unique circumstances, a literal enforcement of the provisions of the Zoning Bylaw would cause substantial hardship, financial and otherwise, to the petitioner by preventing the installation of the emissions control equipment required by law and thereby preventing lawful use of the existing, substantial, RECEiYED j JOYCE BRADSHAW ■ TOWN CLERK 4 NORTH ANDOVER q special purpose buildings and equipment which comprika.19 rel '� r c'dNery facilities; (3) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw which allows resource recovery facilities as a matter of right in this zoning district; ' (4) the addition of new emissions control equipment will promote the public good and satisfy the primary'purpose the Zoning Bylaw, namely, "the promotion of 'the health, safety.... and welfare of the inhabitants of the Town bf North Andover" (section 1) by ensuring that air emissions from the facility are lower than the current emissions and are in compliance with federal and state laws designed to protect the public health, safety, and the environment. On the basis of these findings and conclusions, the Board grants the variance, subject to conditions 1-8 below. The Board further grants the requested modification of the 1982 variance to allow for the existing building to be 106.5 feet above the tipping floor, subject to condition 9 below. Finally, the Board determines that the'proposed increase in off-street parldng spaces from 52 to 56 will be adequate to accommodate the parking needs generated by the facility. CONDITIONS TO GRANT OF RELIEF 1. Within seven days from the date of this decision, MRI shall revise the Plans to show the height of the buildings and structures from a) ground level; and b) mean sea level. 2. MRI or any transferee of this variance shall comply at all times with all applicable federal, state, and local laws, regulations, and/or permit conditions. 3. This variance shall not be construed as authorizing an increase in the capacity of the plant beyond the currently permitted capacity. 4. This variance shall not be construed to either explicitly or implicitly authorize the construction of any building or structure other than those buildings or structures specifically shown on the Plans. 5. The construction of the project shall be in full compliance with Phase I, Phase II, and Phase III documents referenced in a letter dated July 2, 1998 from David Spencer to Steven J. Comen and Michael T. Gass, attached hereto and incorporated by reference herein, as they may be amended by David Spencer or his successor. RECEIVE: Eo m �:�J • • Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES i.IAM J. SCOTT JDirector 30 School Street North Andover, Massachusetts 01845 NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Petition of REFUSETECH , INC. 4 Premises affected 285 Holt Road a Referring to. the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 (site plan review) so as to allow construction of 21,493 of new gross floor area After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT- SITE PLAN REVIEW based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Richard S.Rowen, Chairman Alison Lescarbeau, V. Chairman John Simons, Clerk Richard Nardella Joseph V. Mahoney Planning Board CONSERVATION . (978) 688 9530 - HEALTH - (978) 688-9540 - PLANNING -(978)688-953S *BUILDING OFFICE - (978) 688-9545 - *ZONING HOARD OF APPEALS - (978) 688-9541 - *146 MAIN S'T'REET =% on 0 n1 �4 Date August 19', 1998 = r<r,xL Date of Hearing June 16,1998, Jury . Fi98 ugust 4, 1998 August 18; i998 Referring to. the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 (site plan review) so as to allow construction of 21,493 of new gross floor area After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT- SITE PLAN REVIEW based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consultant File Interested Parties Richard S.Rowen, Chairman Alison Lescarbeau, V. Chairman John Simons, Clerk Richard Nardella Joseph V. Mahoney Planning Board CONSERVATION . (978) 688 9530 - HEALTH - (978) 688-9540 - PLANNING -(978)688-953S *BUILDING OFFICE - (978) 688-9545 - *ZONING HOARD OF APPEALS - (978) 688-9541 - *146 MAIN S'T'REET Town of North Andover MORT., OFFICE OF 3? '��0 COMMUNITY DEVELOPMENT AND SERVICES ° 384 Osgood Street North Andover, Massachusetts 0 134 •°••••° ••'��5 CA J. SCOTT �sSACH - Director August 25, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit/Site Plan Review 285 Holt Road Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, June 16, 1998 at 7:30 p.m. in the Department of Public Work 384 Osgood Street on the application REFUSETECH, Inc. 285 Holt Road, North Andover, MA 01845 for a special permit under Section 8.3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on May 27 and June 3, 1998 and all parties of I interest were duly notified. The following members were present: Richard S. Rowen, Chairman, oAlison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph Mahoney, Richard Nardella and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also absent. The petitioner was requesting a special permit to allow the construction of a 21,493 SF of new gross floor area and is in the (I-2) Industrial -2 Zoning District. Dom Scalise was present to represent 285 Holt Road. Mr. Rowen stated the Planning Boards role is to ascertain whether or not this project meets with the Town's Zoning Bylaw. The Board is not reviewing the merits of the retrofit itself. Mr. Rowen stated that the Board has hired an air quality consultant at the applicant's expense to review the technology. All health concerns should be brought up at Board of Health meetings. The Board of Health will make a presentation to the Board on August 4, 1998. Attorney Marry Healy stated that they must meet the Clean Air Act or the site will be shut down. There is no change in the use, there is no increase in the design capacity and there is no work outside the developed area of the site. They are filing for site plan review because the new gross floor area is greater than 2,000 SF. They would like to start construction in November and start the engineering at the beginning of July. Dave Raymond stated that the structure would stay the same. Mr. Raymond stated that this project would have a significant positive impact. Mr. Raymond went over the process on the plans with the Board. The site consists of 14.6 acres. All proposed construction will be within the 0 DARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 perimeter of the road. They have shown the wetland lines on the plan. Mr. Raymond stated that the lot coverage will go from 21% to 23% and the floor area ratio will go from 19% to 20%. Tim Connolly of Emcon, stated that they have 52 parking spaces and they presently have only 35 employees. Mr. Connolly stated that the Building Inspector asked if they could show future parking spaces if needed. A NOI is not required. They have included an attachment on the lighting with the application. Mr. Connolly stated that an ENF was submitted to NEPA and that they received a certificate. There will be no changes to the utilities and there is no increase in public service. Architectural consistency will be maintained. Mr. Connoly stated that they are in the I-2 zoning district and the use is allowed. The project is consistent with the Toxin's Master Plan and there is no loss of open space. A noise study was conducted and they will comply with the D.E.P. sound level criteria. Mr. Connolly stated that there are no visual impacts. Mr. Raymond showed the Board some pictures of what the site will look like from different sides of the property. Mr. Connolly stated that we believe that our application will conform with the zoning bylaw and that it is not detrimental on abutting properties and will have minimal impacts on traffic.. Mr. Rowen asked how would the plant operate during construction. Mr. Connolly went over the plan for operation during construction. Ed Meaghger, People for the Environment, stated that there will be a meeting regarding this site at the North Parish Church on July 9, 1998. Ms. Lescarbeau asked that if at the next meeting they were going to speak about on the noise. Mr. "fill Connolly stated that they submitted a noise impact study with the application. The Planning Board will send the noise study out for review by a consultant. Mr. Nardella asked what variances were needed for the site. Ms. Colwell stated that they only need one for the height. The Board scheduled a site walk for 6:00 p.m. on June 24, 1998. Continued until July 7, 1998. The North Andover Planning Board held a regular meeting on July 7, 1998. The following members were present: Richard S. Rowen, Chairman, John Simons, Clerk, Alberto Angles, Associate Member and John Simons. Kathleen Bradley Colwell, Town Planner was also present. Dom Scalise was present to represent 285 Holt Road. Mr. Scalise stated that on behalf of the applicant they would not like to hold a hearing tonight because there is only 4 members present and at the last meeting there was 6 and they are afraid that it might be a problem when it comes time to vote. Ms. Colwell stated that we did receive a copy of our traffic consultants comments but, we did not ask him to attend this meeting because.we thought your consultant would not have time to respond. Mr. Rowen stated that he has put together a list of things that he would Re to see during the permit process. Mr. Rowen stated that he is not keen on surprises and would like to pass them out to you. Mr. Rowen went over his punch list with the Board and the applicants. Ms. Colwell stated that the noise proposal went out today to the 3 companies. Ms. Colwell also stated that the People for the Environment are holding a meeting Thursday night July 9, 1998 @ 7:00 p.m. @ the North Parish Church. Continued until August 4, 1998. QThe North Andover Planning Board held a regular meeting on August 4, 1998. The following members. were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. Mr. Rowen stated that we have had a consultant review the entire project as a health issue. The consultant responded and the Board of Health wrote a letter stating that although much evidence was presented to the Board of Health regarding the dangers inherent in some of the emissions products from the MRI incinerator, it is the opinion of the Board that in the quantities expected to be released after the retrofit that these emissions will not pose a health threat to the citizens of North Andover. David Minott of ARI stated that after the upgrade this would meet EPA limits, it meets the zoning bylaw and emissions will go down. Mr. Minott stated that after the upgrade the stack emissions would meet State and Federal standards. Mr. Minott stated that the total exposure from 1985 - 2030 would not be significant. Mr. Minott stated that with the upgrade the ash dust will be collected in a totally enclosed system and MRI has proposed a scrubber that would control the ash dust. MRI has also incorporated a procedure to clean the ash off the tires. Mr. Minott stated that .this ash has been tested in labs and based on the testing at other Wheelabrators it will come back O.K. Mr. Minott stated that they have made recommendations for permit conditions. The Planning Board will ensure that the public has access to latest emissions data by. requiring MRI to install a computer at the library to display emissions data. The town will hire a monitor to inspect records on air quality and ash issues. Mr. Rowen stated Mr. Minott's position is that the design if approved will meet State and Federal government O regulations if run properly. Mr. Nardella asked what ABI's recommendation is on unannounced visits. Mr. Rowen stated that the Board required a monitoring plan and asked if ARI has come up with one yet. Mr. Minott stated that frequent inspections would be required initially, but this could be reduced in future years to perhaps going to the plant four times a year and looking at records once a month. Mr. Minott stated that if you saw something that raises your eyebrows you could come back more frequently. Mr. Nardella stated that he would like to see a monitoring plan. Mr.*Nardella questioned DEP's standards for mercury and how it sways away from EPA standards. Mr. Minott went over DEP's standards, indicating that Mass. DEP had the strictest in the nation limit on mercury. Mr. Nardella asked if the upgrade will meet Massachusetts standards. Mr. Minott stated that it would. Mr. Rowen stated that in the decision it will need to state that we will have unannounced visits. Mr. Simons asked what scientific methodology Mr. Minott used to review. the proposed design. Mr. Mmott stated that he reviewed the data given to him by both MRI and the regulatory agencies. He also stated that he did extensive interviewing. Mr. Minott stated that he did not do independent health risks but, he did check the conclusions of the consultants. Mr. Simons questioned the epidemiological studies that were done. Mr. Minott stated that the studies done dealt with the issues of cancer and asthma. Mr. Minott stated that those studies as described found no link between this waste energy plant and the observed rates of the studied health problems. Mr. Minott stated that he is not a doctor and he did not challenge those studies. Mr. Minott stated that one last point is that DEP is conducting a commutative impact study and they are looking at the future and existing site conditions. DEP indicates that total impact does not show significant risk. Mr. Simons asked if he was aware of any larger Ostudies. Mr. Minott stated no. Mr. Simons asked if it was possible to show disparities with tracking results. Mr. Minott stated that for example they track the twenty four hour running average and then compare that to the permit limits. Mr. Minott stated that sampling is conducted several times per hour and the display will be updated. Mr. Rowen stated that we don't want to see a twenty four hour delay in reporting data. Mr. Nardella stated that they are proposing twelve hours. Mr. Nardella asked if he were sitting on this Board what would you consider reasonable to ask for. Mr. Minott stated that what he would want would be instant data and valid computer data as soon as he could get it. Ms. Lescarbeau questioned the complete history of MRI and if they have any violations. Mr. Minott stated that the issues are more procedural problems. Mr. Angles asked if there are any new technologies that may, be better fit for the MRI plant. Mr. Minott stated no, this upgrade would use the best equipment. W. Minott stated that with new strict limits there isn't a margin for further gain for the pollutants. Julie Kneedham questioned whether ash is a toxin or is it safe. Mr. Minott stated that in a regulatory sense the ash is to be tested regularly. If the ash is tested O.K. it is transported as non -hazardous. If tested bad it will be treated as hazardous. Mr. Rowen stated all the ash are tested. Julie Kneedham stated that she has concerns with where they will be traveling with the hazardous waste. Mr. Rowen stated that it will be discussed later in the meeting. Eric Weltman stated that the testing is to ascertain whether the toxins will leach out of the ash. Higher dioxin levels have been shown because of incinerators. Leah Kettlesen stated that this report is highly misleading to the Board and the Board needs to be looking at health issues. Ms. Kettlesen stated that if ARI's telling the Board that MRI is meeting health standards I don't think they're telling what they are not meeting. Mr. Simon stated that he has not seen anything scientific and he wants to deal with fact. Mr. Rowen stated that health issues were discussed at the Board of Health meetings this meeting was to discuss issues pertinent to the Planning Board decision. Andrew Reiner stated that there are people in this room that would - like to speak. At the Board of Health meetings they let Mr. Minott speak and then they voted and then they got up and left. Mr. x,. Nardella stated that the Board of Health stated that there is not a health threat. Gayton Osgood, Chairman of the Board of Health stated that we made it very clear we would only listen to the concerns and was it. The Board of Health meeting.wasn't there to criticize the ARI report and the issue was studied for three months. Mr. Reiner stated that they had no opportunity to express ' 4 their concerns with Mr. Minott's report. Mr. Rowen stated that the Planning Board asked the Board of Health to review the report. responsibilities to Mr. Reiner stated that this Board has p ;:„ listen to the public's concerns. Mr. Simon stated that he would like to hear the criticism. Mr. 'y Rowen stated that we deliberately had several meetings and determined that the best forum would bbe that the health issues be conducted by the Board of Health. They have written to us and stated that the retrofit is not going to be a health hazard to the Town. What you're telling me is that the Board of Health did not conduct a good recommendation in your opinion. Atty. Marty Healy r{stated that there has been several Board of Health meetings and this Board has no jurisdiction. Ms. Lescarbeau stated that she's a member of the Planning Board and not a scientist. She would Ka '' uC happy to sit here until midnight to listen to the people but, she is basing her decision on the ormation provided by the experts hired to review the project. Mr. Mahoney stated that he is fully aware of the Friends for the Environment and he sat at the Zoning Board of Appeals meeting l?or three hours. Mr. Mahoney stated that he accepts the comments of Town Council and he is not .ling to stay here all night. His position is that we're beyond where we should be. Joan Kulash stated that there was not a series of public hearings held by the Board of Health. OThere were two meetings hosted by MRI and there were no opportunities to speak. Ms. Kulash stated that she asked to have Betsy Conte of Haverhill state that she wrote a letter to the Board of Health and never got a response. Ms. Conte stated that they are downstream getting the smoke. Ms. Conte questioned if they have hired an environmental lawyer. Mr. Simon stated that he is willing to listen to the science. Fred Glorin asked other than MRI where did you get your information. Mr. Minott stated that he got it from Massachusetts DEP and fifteen years of experience working with these facilities. Fred Glorin stated that their statistical information was from DEP that was submitted from MRI, was there independent study? Thea Fornier stated that she is an environmentalist speaking in terms of scientific data. If you had a family member being affected by having two hundred seizures a month and couldn't breath. Ms. Fornier stated that she had to track these plants down and if she had waited until the data was submitted her son would have died. Ms. Former stated that the children are our jewels and if you just rely on scientific data you will be a loser. Mr. Simons stated with all due respect that's why I asked for studies and I haven't seen them. Joan Kulash stated that Mr. Minott is not an epidemiologist and he does not have the background to say that this is not a health issue. Ms. Kulash read from Mr. Minotts report. Ms. Kulash stated that he did not mention the permits for dioxin and that this incinerator has the highest mercury. He seems to be poo poohing the violations for MRI. Ms. Kulash read over her comments on ash. Ms. Kulash stated that she asked the Board to use their common sense, that if MRI is saying this ash is O.K Ms. Kulash stated that the EPA says that Dioxin is a known human toxinigen. Ms. Kulash stated that we can't afford to make a mistake once because there is a lot at risk here. Ms. Kulash read from her notes. Ritch Rothstein a resident, asked if Mr. Minott could give him more insight of meeting the new D.E.P. mercury limit. Mr. Minott stated that he looked at the data from one or two of the other plants. Mr. Nardella asked if the testing for mercury would be done every nine months. Mr. Minott stated yes, every nine.months. Mr. Rowen stated that he understood about the problems that the residents are concerned about but, Mr. Mmotts task was to find out if this plant would meet the Federal and State requirements for permits. Mr. Rowen stated that he wants a monitoring plan and would welcome public comments because we're trying to ensure compliance. Attorney Healy stated that MRI is fighting people. who care about the environment.. Mr. Healy stated that he . would like Frank Ferraro to speak Mr. -Ferraro stated that they have been very quiet through the proceedings. The EPA officer stated that they have filed a Notice of Violation (NOV) for MRI. Mr. Ferraro stated that there have been many inaccuracies. The issue was an old permit. The permit was modified in 1992. The NOV was based on the wrong data. Mr. Ferraro stated that in regards to the ash the citizens did the wrong drinking water test which has been confirmed by the EPA. All MRI's tests have been done by the agencies. Mr. Ferraro stated that with regards to the mercury we are meeting twenty eight. This is a modern plant and he is sorry that Ms. Kulash is using old data. David Urry 209 Vest Way, asked if Mr. Minott was familiar to the EPA dioxin limit. Mr. Minott stated that he does not know the limit but, he does know that one exists. David Urry 209 Vest Way asked if Mr. Minott was aware that they are one hundred times stricter for this permit. Mr. Minott stated that he does not believe that is a fact and questioned where he got that information. David Urry 209 Vest way stated that he got it out of the 1994 EPA study. S toDavid Urry 209 Vest way asked what Mr. Minott suggests we do if MRI fails to comply. Mr. Minott stated that State and Federal permits have the authority to shut down the facility. Attorney Healy stated that there will be no work outside of the limit of work. The traffic impacts will be an increase of two additional workers per day. There will be no change in level of service. Paul Hajec, Town's traffic consultant made three recommendations. One was to have striping and signage on Rt. 125. The second would be center and shoulder painting per the approval of DPW. The third thing would be the installation of a yield sign per the approval of Mass. Highway or DPW. Mr. Heally stated that they are submitting a letter agreeing to a truck turn warning sign subject to the approval of Mass. Highway. Mr. Rowen asked if there was going to be any additional trash. Mr. Heally stated that there would not be. A resident asked what the total number of trash trucks per day. Jim Connolly stated that there are sixteen and it will go up to eighteen trucks per day. Paul Hajec stated that he has gone back and fourth with Dermit Kelly and he has received a copy of their final results. Mr. Simons stated that in Mr. Hajecs letter it stated that he had concerns with left hand turns. Mr. Hajec stated that the signs are to alert cars that trucks are turning. Mr. Hajec stated that he would like to see them trying to get the trucks to use the road on off peak hours. Ken Kimmell stated that he has been working with the Board of Health developing regulations so that there will be fines for the trucks. Mr. Rowen stated that all the trucks will be heading North on Rt. M. A resident asked who will be enforcing these trucks. Mr. Rowen stated that these haulers have contracts with MRI and it will be part of their contract that they must follow these regulations. Mr. Rowen stated that the intent is to keep them on Rt. E 495. 0 Steve Ambrose was resent to speak on the noise stud he prepared. Mr. Ambrose stated that he P P Y P P has been involved with noise for twenty years. Mr. Ambrose stated -that the State regulations permit a 10 dB increase. Mr. Ambrose went over examples of dB.- A quiet whisper is 10 dB. For you to speak to someone id 55-60 dB. Mr. Ambrose stated that a 10 dB noise difference is the minimal needed to notice something change. Mr. Ambrose stated that typically in a neighborhood where people live during the day is 50 dB and at nighttime it would be IOdB. Commercial property would be 60-65 dB. Mr. Ambrose stated that this site has an advantage because of the distance to the community. Mr. Ambrose stated that for a forced draft, or induced draft fan you would typically put in a silencer to tone out the frequencies. Mr. Ambrose stated that the two residential areas near this site on a quiet night may hear change in sound but, not in level. Mr. Ambrose stated that he found that the report that was prepared by MRI was adequate and thinks it is very achievable. Mr. Rowen asked if he would recommend putting in a silencer on the fan. Mr. Ambrose stated that usually duct work is installed. Mr. Rowen stated that we have hired a consultant to review the plant design to see if it would achieve permit levels established this. We have asked him to make a recommendation to the Board of Health and the Board of Heath wrote us a letter stating that it would not be an adverse health problem. Andrew Reiner stated that the environmental considerations is part of your concerns and is specifically sited in the zoning bylaw. Mr. Reiner started asking questions, not pertinent to their scope of the meeting. Ken Kimmell stated that he has never been to a Planning Board meeting that a lawyer in the audience tried to interrogate a member. Ken Kimmell asked if Mr. Rowen wanted to respond. Mr. Rowen stated that he did not. Mr. Rowen stated that he would like to add in the decision that the trucks are to take Rt. 495 per Otrucks routes established by the Board of Health. Jim McIver the plant manager, stated that the ash contracts will go out to bid. Mr. Rowen asked if there is a way that he can ensure other NESWIC communities where we stand. Steve Rothstein stated that if were ever informed of a violation we will inform the Town Manager and we will work with Mr. Kimmell. Mr. McIver stated that all revenue goes to NESWIC so he would have to talk to them before they break a contract with a driver. Mr. Nardella stated that what ever he could do to help would be a plus. Mr. Rowen asked how MRI will be aware of a violation. Mr. McIver stated that he is sure they all get phone calls. Mr. Rowen asked if there will be a mechanism to report'calls. Mr. McIver stated that there would be. Mr. Nardella asked if there was a way to number the trucks so that if they do, do something wrong a resident can report it. Mr. McIver stated that he could look into that. Joseph Mahoney left at 11:00 p.m. but he heard all pertinent information regarding the special permit and the information that he missed was the discussion of the decision. Mr. Rowen went over the list of permit actions dated July 31, 1998. Mr. Rowen stated that if a resident does not have a computer they can go to the library to look up the data. David Urry 209 Vest way asked if there is a way they could get a website. Frank Ferraro stated that this goes well beyond what we've done in any other community and it takes human intervention to put data into the website. Mr. Simons stated that the cost of a website is trivial and it is easier to go to a website. Mr. Ferraro stated that he would like to keep that open for discussion. Mr. Nardella Ostated that the computer will be part of the decision. Mr. Ferraro stated that mercury and dioxin are not continually monitored but, we have indicators showing we are controlling it. Ken Kimmell stated that we will have a air consultant to read the data in a worse case scenario. Mr. Ferraro stated that if they have a malfunctioning system it will be reported to D.E.P. Mr. Rowen stated that the monitor will operate unannounced visits and interpret data. Joan Kulash stated that we need a physician not hired by the applicant. Mr. Rowen stated that the point of the monitor is for monitoring the operation as we get data. A resident asked if the reported data will be n the permits. Mr. Rowen stated absolutely, we have asked them to put the data publicly. A resident stated that he hopes that this Planning Board does not regret this in twenty to thirty years. David Urry 209 Vest Way asked what is to prevent if the computer does not work. Mr. Nardella stated that it will work and it will be a condition in the decision. Mr. Rowen stated that we're not going to shut them down. Marty Healy stated that they added that the plant manager be present when they do inspections for safety reasons. Mr. Nardella asked what the requirements for notification if you were to shut down the plant per D.E.P. Mr. Heally stated that if we find a problem and we shut down we're not in violation. Ms. Lescarbeu wanted to know why they could notify us as soon as they notify the regulatory agency. Mr. Rowen stated that when they notify the regulatory agency then notify us at the same time and when you are just shutting down one side you have 24 hours to notify us. Mr. Nardella asked if a truck tips over and clean up is needed who is responsible for the cost. Mr. McIver stated that it is the haulers responsibility. The driver would call a tow truck and the state police and they would clean and they would then leave. Mr. Nardella asked if he conceived the i' Q Andover Com. Dev. 508 688 9542 .� 10 Town would have to pay the cost. Mr. McIver stated no. Attny Healy stated that the Board of Health can request us to report new D.E.P standards. Mr. Nardella asked Mr. Kimmell to look at the 3`d bullet on the last page of the letter dated July 31, 1998. Mr. Kimmell Stated that he would. Ms. Lescarbeau asked if we have incorporated all the comments form ARI and specifically the shut down issues on page 10-13 of the report. Mr. Rowen stated that he still wants ARI to get a monitoring plan. Mr. Minott stated that the permit condition will require to be tested every nine months and the Town needs to make sure there consultant is on site during the tests. Mr. Rowen stated that when the mercury and dioxin tests will be conducted the Town's consultant will witness the tests. Ken Kimmell asked if the monitoring plan is not complete by August 18, 1998 when would the Board like the deadline to be. Mr. Minott stated that it would be rushed if it was to be in by the August 18, 1998. Mr. Rowen stated that if MRI is stepping up r they should provide the information in a timely manner. Mr. Simons asked what would happen if an epidemelogy study was found. Ken Kimmell stated that if there is a report that is credible that this plant is causing cancer I would not want to put that in the decision. Mr. Nardella asked Mr. j Minott if he has worked with any consultants that look at epidemeology. Mr. Minott stated yes. David Urry 209 Vest Way stated that he is not a lawyer but, the Town has been notified of the risks of dioxin. Mr. Urry stated that if dioxin is proved to be carcinogenic the Town could have a 1 class action law suit. Mr. Rowen stated that he appreciates everyone for coming tonight. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close 1.0 the Public Hearing. The North Andover Planning Board held a regular meeting on August 18, 1998. The following members were present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner was also present. The Board started to go over the decision. Joan Kulash asked for the Public Hearing to be re- opened. The Board did not re -open the Public Hearing. Mark DiSalvo stated that he would like to speak. Mr. Nardella asked if there is a guideline that Wheelabrator suggests for shutting down the plant in case of CEM equipment failure. Marry Healy stated that the decision should follow permit requirements set by the EPA and DEP. Mr. Rowen asked if a thermocouple fails is there a time you would feel uncomfortable running without monitoring and is there something in DEP that states that you would have to shut down. It was pointed out that there is redundant equipment monitoring through temperatures in the combusters and at the filter fabric inlets. Timothy Porter stated there was no specific time in the permit after which the plant would shut down after loss of CEM. However, the permit calls for continuous monitoring and meets the qualifications. Ms. Kulash tried to speak but Mr. Rowen stated to the public that the Public Hearing was closed two weeks ago at the last meeting. Joan Kulash asked what would make you not want to hear us speak. Marty Healy stated that if this becomes a debate he will be very concerned. If this becomes a Public Hearing he will withdraw his comments. Ken Kimmell stated that we had an air quality consultant to answer issues to require automatic shut down. Mr. Kimmell stated that we should leave it for another day and have the consultant respond to the Planning Board with data. Mr. Kimmell thinks that the air quality consultant should get back to i the Board with a shut down time. Mr. DiSalvo stated that he would like to have the public speak. ` Mr. Rowen stated that we had the Public Hearing two weeks ago. Mr. DiSalvo stated that this topic was not on the table at that time. Mr. Rowen stated that any point was on the table at that time. A resident asked why the Board let the public in tonight. Mr. Rowen stated that if they have one speaker he will listen to the speaker. A resident stated that there is no reason to rush this through. Joan Kulash stated that we're not your enemies, were due your ears. A resident asked if the Board would like the public to leave the room so they could have a candle lit room to talk. Mr. DiSalvo stated that the Board should make. their decision only when the Board has received all the information if it is only a week. Mr. Healy stated that Mr. DiSalvo's comments are misleading. Mr. Healy stated that if MRI is meeting EPA standards we don't have to shut down the plant. Mr. Healy stated that we have also set up a program to share our information with the community. Joan Kulash started to speak out. Mr. Rowen asked her to sit down. Ms. Kulash asked why the Board is shutting us out.. Ken Kimmell went over his draft amendments for the decision. Mr. Nardella asked if MRI was to have a wish list of back-up parts what would you pick. Timothy Porter stated that they have an independent parts manager who is on call and he gets there within twenty four hours for unexpected failures. Mr. Nardella stated that what you're saying is that within twenty four hours most monitoring issues will be resolved. Ken Kimmell read his revised comments. Mr. Kimmell stated that he would Re to add in "The air quality ° consultant retained by the Town shall specifically investigate and address the extent to which MRI's continuous emissions monitoring equipment is not functioning and report to the Planning Board based on actual data as to whether a standard stricter that imposed by DEP and USEPA should be imposed to address this issue. Such stricter standards may include but are not limited to, imposing a requirement that a combuster be shut down if a continuous emissions monitoring system fails for an excessive amount of time, or requiring redundant continuos emissions monitoring equipment. The Planning Board reserves the right to revisit this issue after receiving reports from the air quality monitor. A resident handed the Board an editorial from the Citizen. Mr. Nardella went over his changes for the draft decision. Mr. Simons stated that he would like to see dioxin tests be done on a quarterly basis. Mr. Healy stated that he feels that it would be objectionable to go above what DEP and EPA require. Mr. Rowen stated that the one thing he -.• would like to include in the decision would be that the town's monitor should be informed two weeks prior to testing, and that all mercury and dioxin testing be done at a time which accurately represented the operation of the facility. Cynthia Hibbard of Camp, Dresser and McKee stated that they test quarterly for mercury and every nine months for dioxin. Even though MRI is not constantly tracking mercury they are tracking surrogates whose performance is an indicator of mercury emission performance. Mr. Porter stated that it is the solid waste law to test every nine months. Mr. Simons asked what the dioxin test involved, how much it cost and how long it takes. Mr. Porter stated that it takes two days to do one combuster for five hours and each combuster $15,000 and there are two combusters. Mr. Simons stated that he would like to have them test quarterly for dioxin. Mr. Simons stated that mercury and dioxin are the public health hazards and this is where the risk is. Mr. Rowen stated that he would like to certainly have them do it for the first year of operation and if the tests are consistent we could back off. Sean Brewster representing NESWC stated that we look at DEP and EPA rules that are really protective and he thinks the town will be adding costs that are not necessary. Mr. Simons stated that MRI can do Qextra tests for a year and then if the tests come back O.K. they can do away with the extra. Mr. DiSalvo stated that our tax dollars are paying for the tests anyway. Ms. Lescarbeau went over 0 AR her amendments for the draft decision. Mr. Mahoney went over his amendments for the draft decision.. Ms. Colwell stated that she would like to specifically reference the plans and th es s that were submitted. Mr. Rowen stated that there will be five voting members. Mr. Angles, Lescarbeau, Mr. Rowen, Mr. Simons and Mr. Nardella. Mr. Mahoney will be abstaining. A resident asked if the Board incorporated the ash in the decision and who's responsible for the ash once it leaves the incinerator. Mr. McIver stated that it will be owner by NESWC until it gets to the landfill. A resident asked for the clarification on who's responsible for the ash. Mr. Rowen stated that the responsibility for the ash is outside the scope of this Board. On a motion by Ms. Lescarbeau, seconded b Mr. Simons the Board voted 4-1-0 to approve the draft site plan review decision for Mass. REFUSETECH at 285 Holt Road. Mr. Angles Yes Ms. Lescarbeau yes Mr. Simons yes Mr. Nardella no Mr. Rowen Yes I■� Mr. Mahoney abstained Mr. Mahoney stated that he abstained because he left early at the last meeting. Mr. Mahoney stated that he spent ten hours listening to the people for the environment, reading the citizen and three hours at a ZBA meeting listening to your issues. Mr. Mahoney stated that he is totally aware of their concerns. Mr. Mahoney stated that he heard all the testimony relative to the site plan approval application but, he did not vote because he left early one meeting and he thought he 4 could be challenged. Mr. Nardella stated that our zoning bylaw requires us to look into the environment. Mr. Nardella stated that he for one would like to note although he did work hard on this, we got the best decision we could get but, he couldn't vote for it. I Attached are the conditions. incerely,1�,�, Richard S. Rowen, Chairman North Andover Planning Board SITE PLAN APPROVAL/SPECIAL PERMIT MASSACHUSETTS REFUSETECH, INC. CJ EMISSIONS CONTROL PROJECT Background The Planning Board hereby approves with conditions the Special Permit/Site Plan Review for the construction of emissions control equipment ("the Project") at the existing solid waste incinerator located off of Holt Road and owned and operated by Massachusetts Refusetech, Inc. ("MRI"). The locus of this incinerator is 285 Holt Road, Assessors Map 34, Lot 21. The land is owned by the Commonwealth of Massachusetts, and has been leased to MRI. MRI applied for a Special Permit/Site Plan Approval on or about May 15, 1998. The project involves the installation of air pollution control equipment required by the Clean Air Act and the regulations promulgated thereunder. MRI proposes to replace the existing electrostatic precipitator and dry sorbent injections systems with new equipment consisting of spray dryer absorbers, fabric filters, a selective non -catalytic reduction system, a powdered activated carbon injection system, and natural gas-fired auxiliary burners. The project also involves enclosing the existing ash storage shed to better control potential fugitive emissions from the ash pile. The Planning Board held a duly noticed public hearing on the project on June 16`h, 1998, and continued that hearing to August 4`h, 1998. The Planning Board closed the public hearing on 10 August 4`�, and voted on the application on August 18, 1998. In addition to hearing testimony from MRI and its consultants and members from the public, the Planning Board also received independent expert analyses from the following individuals: 1) David Minott of Alternative t Resources, Inc., who presented a written report and oral testimony regarding air emissions from the facility and potential public health impacts; 2) Stephen Ambrose, who presented a written t report and oral testimony regarding noise impacts; and 3) Paul Hajec of Hajec Associates, who presented a written report and oral testimony regarding traffic impacts. While this application I was pending before the Planning Board, the North Andover Board of Health also held three public meetings to hear testimony on the potential health effects of the facility. At the conclusion of theseublic meetings, the Board of Health voted unanimously to inform the Planning Board P g that on the basis of its review, the facility would not cause adverse public health effects. The chairman of the Board of Health sent a letter to the Planning Board so indicating. Findings The'Planning Board has evaluated the application with respect to all relevant review criteria and design guidelines set forth in Section 8.3.6 of the Zoning Bylaw and the special permit criteria set forth in Section 10.3 of the Zoning Bylaw. On the basis. of this extensive review, the Planning Board makes the following findings as required by the North Andover Zoning Bylaw §§ 8.3 and 10.3. to I r1. The site is an appropriate location for the project. The site is within the Industrial 2 zone, and resource recovery facilities are allowed as of right in that district. In addition, the facility has been operating at this site since the mid -1980's. r 2. Provided that MRI complies with all conditions to this approval, the Project will not cause any adverse effects on the neighborhood. The visual impacts are minimal, as the new structures are lower than existing structures, and will be placed within the existing developed footprint of the facility. The noise impacts can be controlled to acceptable levels with proper design and engineering. Most importantly, the MRI facility will emit significantly lower concentrations of pollutants as a result of the Project. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The Project will cause a minimal increase in truck traffic on Route 125 and.Holt Road, and these minimal impacts will be more than mitigated by conditions imposed on this permit. 4. MRI's plans provide for adequate and appropriate facilities for the proper operation of the facility. As noted, this is an existing facility, and the existing infrastructure is adequate and appropriate. To the extent the Project imposes additional demands upon infrastructure, MRI has appropriately addressed these additional demaids in its application. F5. The Project is in harmony with the general purpose and intent of the Bylaw. As noted, this type of use is allowed as of right in -the Industrial District. Also, the Project will result Fin lower emissions of pollutants, thereby providing a healthier and safer environment for the 0. residents of North Andover, compared to existing conditions. 6. MRI has submitted all information required by Section 8.3.5 of the Zoning Bylaw. F 7. The Planning Board further finds that the Project should satisfy all relevant review F criteria and design requirements set forth in section 8.3 of the Bylaw. 8. The Planning Board finds that conditions are required in order to ensure full compliance with Sections 8.3 and 10.3 of the Bylaw. The Planning Board hereby grants an approval to MRI subject to the following conditions. Special Conditions 1) Truck Routes/Traffic a) The Planning Board finds that the appropriate route for trash trucks entering and exiting the MRI facility is as follows: 1) enter the facility via Route 495, to the Route 125 /Ward Hill Connector, to Route 125 South, to Holt Road, and 2) exit the facility via Route 125 North, to the Route 125/Ward Hill Connector, to Route 495 (hereafter referred to as "the Designated Route"). d) Within thirty days of the date of filing of this decision with the Town Clerk, and at least annually thereafter, and whenever requested by the Town Manager, MRI shall send to MRI Contract Haulers reminders of the Designated Route with a reminder that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. MRI shall promptly send copies of such reminders to the Town Manager. e) Within five days of learning of a violation of the above route restriction, MRI shall provide written warnings to any MRI Contract Hauler.that MRI determines has violated the route restriction notifying the hauler that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. MRI shall promptly send P PP . copies of such warnings to the Town Manager. Within thirty decision with the Town Clerk fl hirty da ys of the date of filing of this d , and at least annually and whenever requested by the Town Manager, MRI shall send reminders of the route restrictions to NESWC with a request that NESWC advise its member communities about the route restrictions. MRI shall promptly send copies of such reminders to the ioTown Manager. Li b) Commencing upon the date of filing this decision with the Town Clerk, MRI shall assist in ensuring compliance with the Designated Route by placing language in all-new contracts with MRI, and in all renewals of existing contracts between MRI, and municipal solid waste haulers, ash haulers, and metals haulers (collectively referred to as "MRI Contract Haulers") requiring such haulers to use the Designated Route, and any applicable truck tall route regulations that may be issued by the Board of Health. This condition will apply to contracts that MRI enters into directly with the haulers. To the extent that equivalent provisions do not already exist in the existing contracts, MRI will use its best efforts to incorporate the above requirements in the existing contracts by January 31, 1999. The term best efforts includes, but is not limited to, sending to such haulers a copy of this decision and a written request that the contract be amended to incorporate the above requirements. A copy of any such written request shall be copied to the Town Manager, and MRI shall follow up the written request with additional efforts should the Town Manager request it. c) With respect to the hauling of municipal solid waste that is collected within North Andover, the Planning Board did not hear testimony on whether it is practical to require haulers to use the Designated Route. However, the Planning Board understands that the Board of Health is in the process of promulgating comprehensive regulations designed to address trash truck traffic, and the Board of Health regulations are expected to determine tthe proper route for waste haulers to use for waste collected in North Andover. Once the issue of North Andover trash trucks are addressed by the Board of Health, MRI shall place language in all new contracts, and in all renewals of existing contracts, requiring tMRI Contract Haulers to comply with any applicable truck route regulations that may be Oissued by the Board of Health for such trash trucks. To the extent that there is any conflict between the Designated Route and the Board of Health regulations, the latter shall control. ' d) Within thirty days of the date of filing of this decision with the Town Clerk, and at least annually thereafter, and whenever requested by the Town Manager, MRI shall send to MRI Contract Haulers reminders of the Designated Route with a reminder that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. MRI shall promptly send copies of such reminders to the Town Manager. e) Within five days of learning of a violation of the above route restriction, MRI shall provide written warnings to any MRI Contract Hauler.that MRI determines has violated the route restriction notifying the hauler that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. MRI shall promptly send P PP . copies of such warnings to the Town Manager. Within thirty decision with the Town Clerk fl hirty da ys of the date of filing of this d , and at least annually and whenever requested by the Town Manager, MRI shall send reminders of the route restrictions to NESWC with a request that NESWC advise its member communities about the route restrictions. MRI shall promptly send copies of such reminders to the ioTown Manager. Li I g) MRI shall propose and fund the installation of truck turn warning signage along Route 125 northbound, just prior to the Route 125/Holt Road intersection, subject to approval and implementation by the Massachusetts Highway Department. h) MRI shall propose and fund center and shoulder -line painting along Holt Road between Route 125 and the MRI facility, subject to approval and implementation by the North IAndover Department of Public Works. i) MRI shall propose and fund installation of a YIELD sign for right turns from Holt Road onto Route 125 southbound, subject to approval and implementation by the Massachusetts Highway Department and the North Andover Department of Public Works. j) MRI shall apply for approvals of the Massachusetts Highway Department and the North Andover Department of Public Works no later than October 31, 1998, and shall make best efforts to ensure that the conditions g, h, and i are implemented no later than March 1, 1999. 2) Air Quality Monitoring and Access to Data and Records a) Public Access to Compliance Data in Real Time. Prior to operation of the Project, MRI shall arrange for public access to Plant data by establishing an Internet website accessible using common web browser software such as Netscape or Microsoft Explorer. Data Ofrom MRI's database computer shall be downloaded to the website for the purpose of providing public access to continuous emissions and operational operating data, suitably time -averaged for compliance demonstration as defined by -DEP and US EPA permit conditions, regulations and guidelines. Public access in this regard shall be unrestricted as to who may access the data, and as to time of day or day of the week. MRI shall provide the data to the website continuously throughout each day on a basis as near to a real time as is reasonably practical, but not more than twelve hours following the end of the data Itime -averaging period required for compliance demonstration. MRI shall install a computer, modem telephone line, and modem in the Town's library to facilitate ready public access to the data. L `The Planning Board recognizes that there is case law to the effect that a local board may not impose conditions that require the approval of other agencies, such as the Massachusetts Highway Department. Should a court determine that Conditions g, h, I, and j are invalid on that basis, it is the Planning Board's intent that those conditions be deemed severable from the remainder of this decision. The annulment of those conditions would not affect the Planning Board's ultimate determination that the Project meets the criteria in the bylaw, including traffic -related criteria. b) The specific continuous monitoring data to be made publicly available is as follows: i) Most Recent Compliance Data: The latest monitored emissions and operating levels, compared with permit limits (graphical format), specifically: (1) Sulfur Dioxide, 24-hour average geometric mean concentration and the removal efficiency (2) Nitrogen Oxides, 24-hour daily arithmetic average concentration (3) Opacity, 6 -minute average percentage values, daily summary (4) Carbon Monoxide, 4 -hour block arithmetic average (5) Flue Gas Temperature at the fabric filter inlet, 4 -hour block arithmetic average (6) Mercury, Dioxin, and any other parameter that is tested but not subject to continuous emissions monitoring data, the latest test results. MRI shall test quarterly for dioxin. The Planning Board reserves the right to amend this condition and allow less frequent testing if the test results during the first year of operation reveal levels of dioxin substantially below the permitted limits. ii) Summaries of Historical Compliance with Applicable Limits: (1) For each continuously monitored parameter above, an historical compliance summary shall be provided that includes, at a minimum, the prior week's data and the last six months' data. The format, graphical or tabular, shall clearly convey the number, dates, and magnitudes of any exceedances of applicable limits. (2) For mercury, dioxin, and any other parameter that is tested but not subject to continuous emissions monitoring data, the preceding three years of test data, in a format that clearly conveys the number, dates, and magnitudes of any exceedances of applicable limits. iii) Continuous Emissions Monitoring Equipment Malfunction Summaries: (1) Summaries of time periods during which each continuous monitoring system was malfunctioning while the facility was operational, as "operational" is defined by applicable regulations. (2) Quarterly cumulative summaries of such malfunction time. iv) Should MRI be required by US EPA or DEP to modify the frequency, nature, extent, or type of sampling and reporting, MRI shall promptly adapt the above database so that it is consistent with any such modifications. c) Compliance Records. Commencing at the time this decision is filed in the Town Clerk's office, at the same time that MRI submits such reports to regulatory agencies, MRI shall deliver to the Town Manager two copies of each periodic (e.g., monthly, quarterly, 9 - month, annual) report required by federal, state, or local permits and/or regulations relating to air quality. d) Inspection of Facility Operations and Records. Commencing at the time this decision is filed in the Town Clerk's office, the Board of Health and its Agents shall have the right to both unannounced and scheduled inspections of any and all facility operations and operating records generated after this decision is filed with the Town Clerk as required to assess ongoing compliance of the facility with permit limits and conditions imposed by US EPA, DEP, and the Town, and compliance with the applicable air quality regulations of those entities. The right to such inspections is unrestricted in frequency, timing, or duration, provided that such inspections are conducted in the presence of the Plant Manager or his designated representative, in a manner that does not unnecessarily disrupt MRI facility operations and in compliance with MRI health and safety policies and procedures. Without limiting the foregoing, MRI shall provide fourteen days prior notice to the Board of Health and its designated representative before conducting tests for mercury, dioxin, and/or any other pollutant that is not tested on a continuous emissions monitoring basis. The Board of Health and/or its designated representative shall have the right to be present at the facility during such tests, and shall have access as may be needed to ensure that the tests are representative of the facility's operations. The test shall be representative of actual facility operations. 3) Solid Waste Monitoring a) Inspection for Ash Dusting. The Board of Health and its Agents shall have the right to t periodic unannounced inspections for the purpose of determining whether ash -handling, Ostorage, and load -out operations comply with the US EPA and DEP requirements restricting visible emissions, with such compliance to be determined as specified by those agencies' regulations. Such inspections shall be conducted in the presence of the Plant Manager or his designated representative, in a manner that does not unnecessarily disrupt MRI facility operations and in compliance with MRI health and safety policies and procedures. 4) Shut -Downs of Combustor Units and Other Problems a) Shut -Down of Combustor Units. MRI is required to promptly cease the charging of municipal solid waste to a combustor unit or units if any of the following criteria is met as to that combustor unit or units: i) Potential for Stack Exhaust Fan Failure. The forced draft or induced draft fan ceases to function. An interlock is required that automatically prevents the further charging of waste to the affected combustor unit(s), until the fan resumes service. ii) Potential for Excess Emissions from Inadequate Combustion Efficiency. On startup, furnace gas temperature, as measured at Elevation 125'- 0" (T1 & T2), less than 1600 F (which is equivalent to 1800 F at the one -second gas residence time plane). An interlock is required that automatically prevents the charging of waste to the affected 1-0 combustor unit(s), until the temperature criterion is met. Lime -slurry feed to the spray -dry aosorber interrupted for more than four hours. Operator must promptly cease the charging of waste to the affected combustor unit(s), until lime -slurry feed is restored. �V v) MRI shall maintain a written record on site of the occurrence (date and time) of any of the above events, and the reason, to the extent known, for the occurrence. Qb) If there is a shut down of a combustor unit(s) for the reasons set forth in Condition 4(a), MRI shall promptly notify the Town Manager of the shut down. The term "promptly" means if the shut down occurs during Town business hours, within three hours of the shut down, and if the shut down occurs after Town business hours, no later than 10:00 A.M. on the next normal business day of the town. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). c) Commencing at the time that this decision is filed in the Town Clerk's office, whenever MRI is required by permit to notify a regulatory agency of an accident or violation, MRI shall also notify the Town Manager at the same time that it notifies the regulatory agency. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). 5) Miscellaneous a) MRI shall not combust sewage sludge. in the combustor units. b) Noise: Noise from the facility as upgraded by the Project shall not increase the broadband level by more than l OdBA above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. In order to ensure compliance with this condition, MRI shall perform ambient testing prior to operation of 10 the Project, at Location 5 as referenced in a document entitled "Sound Level Evaluation i During waste combustion, furnace gas temperature measured at Elevation`125l. '_0" drops below 1600 F for more than three hours. Operator must promptly cease`the charging of waste to the affected combustor unit(s), and cannot resume charging until the temperature criterion is met. iii) Potential for Excess Emissions from Failure of the Fabric Filter. More than three fabric filter modules are out -of -service (isolated). Operator must promptly cease the charging of waste to the affected combustor unit(s), and cannot resume charging until sufficient modules are in service'. iv) Potential for Excess Emissions from Scrubber Failure. Temperature exceeds 450 F at fabric filter inlet;.i.e., following the spray -dry absorber (scrubber). An interlock is required that automatically prevents the further charging of waste to the affected combustor unit(s), until proper scrubber functioning is restored, as evidenced by the temperature at the fabric filter inlet. Lime -slurry feed to the spray -dry aosorber interrupted for more than four hours. Operator must promptly cease the charging of waste to the affected combustor unit(s), until lime -slurry feed is restored. �V v) MRI shall maintain a written record on site of the occurrence (date and time) of any of the above events, and the reason, to the extent known, for the occurrence. Qb) If there is a shut down of a combustor unit(s) for the reasons set forth in Condition 4(a), MRI shall promptly notify the Town Manager of the shut down. The term "promptly" means if the shut down occurs during Town business hours, within three hours of the shut down, and if the shut down occurs after Town business hours, no later than 10:00 A.M. on the next normal business day of the town. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). c) Commencing at the time that this decision is filed in the Town Clerk's office, whenever MRI is required by permit to notify a regulatory agency of an accident or violation, MRI shall also notify the Town Manager at the same time that it notifies the regulatory agency. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). 5) Miscellaneous a) MRI shall not combust sewage sludge. in the combustor units. b) Noise: Noise from the facility as upgraded by the Project shall not increase the broadband level by more than l OdBA above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. In order to ensure compliance with this condition, MRI shall perform ambient testing prior to operation of 10 the Project, at Location 5 as referenced in a document entitled "Sound Level Evaluation i for the Massachusetts Refusetech, Inc. Emissions Control Project, prepared by Michael D. Theriault Associates, Inc., and consistently with the testing that was done in that report. MRI shall then perform testing at Location 5 not later than one hundred and eighty days : 1P. from completion of on-site construction, and compare the test results to determine compliance. MRI shall submit the test results with a report indicating whether the test results indicate compliance with this condition. If the test results indicate non-compliance, MRI shall devise and implement measures to ensure compliance. 11 c) MRI shall comply with all applicable federal and state laws, regulations, and permit conditions governing the operations of the facility. d) MRI shall pay to the Town the lump sum of twenty-five thousand dollars ($25,000) on or before January 2, 1999, in addition to any payments made under the Host Community Agreement between MRI and the Town, for the purpose of funding air quality monitoring activities relating to the facility. MRI shall pay the lump sum of $25,000 on or before January 2 of each year thereafter, and this obligation shall cease one year after the termination of the operation of the entire facility. e MRI shallrovide financial security in a form acceptable to the Board, such as a proper P tY bond. analogous to that required under the Subdivision Control Law, G.L. c.41, §81U, in the amount of fifty thousand dollars ($50,000) to be used by the Town for expenses incurred by the Town should the facility be abandoned or extraordinary expenses incurred by the Town to provide emergency services at the facility while it is in operation. The financial security shall be renewable and reinstatable and shall be maintained on a yearly O' basis, and MRI shall notify the Town Manager when the financial security is established, and each time it is renewed. f) Unless otherwise specified, the conditions herein shall be effective upon operation of the emissions control project. Operation shall be defined as the date upon which MRI submits its initial performance test to DEP in accordance with the new Clean Air Act regulations. g) All conditions to this Special Permit/Site Plan Approval are binding upon any and all successors, assignees, and transferees of MRI. th Without limiting the remedies available to the Town, violations of these conditions are subject to fines and/or injunctive relief to the fullest extent authorized by law. i) The *air quality consultant retained by the Town shall specifically investigate and address the extent to which MRI's continuous emissions monitoring equipment is not functioning and report to the Planning Board based on actual data as to whether a standard stricter than that imposed by DEP and USEPA should be imposed to address this issue. Such stricter standards may include but are not limited to, imposing a requirement that a combustor be shut down if a continuos emissions monitoring system fails for an excessive amount of time, or requiring redundant continuos emissions monitoring equipment. The to 11 Planning Board reserves the right to revisit this issue after receiving reports from the air quality monitor. 10 j) Prior to the date of Operation, MRI shall submit to the Board an as -built plan, certified by a professional engineer, indicating that the Project has been constructed substantially in compliance with the plans contained in the Application for Site Plan Review. k) The Application for Site Plan Review, dated May 15, 1998, and revised July 7, 1998 and the attachments thereto, shall be deemed part of this decision, and the Project shall be constructed in accordance with those documents and plans including the following: ix) Plan titled: Massachusetts Refusetech Inc., 285 Holt Road, North Andover, MA Plan to Accompany Application for Site Plan Review, prepared by EMCON, Inc., Andover, MA, dated 4/15/98, rev. 5/13/98, and 7/7/98. to 9 i) Traffic Impact Assessment prepared by R. D. Vanasse & Assoc., Inc., 10 New England Business Center Drive; Suite 314, Andover, MA 01810, prepared for EMCON, 3 Riverside Drive, Andover, MA 0 18 10, dated January 28, 1998, rev. August 3, 1998. ii) Air Quality Monitoring Report prepared by Earth Tech, 196 Baker Avenue, Concord, MA 01742, prepared for Massachusetts REFUSE TECH Inc., 285 Holt Road, North Andover, MA, dated January 1998. iii) Sound Level Evaluation prepared by Michael D. Theriault Associates, Inc., prepared for EMCON, Inc., Andover, MA, dated January 1998, rev. July 1998. iv) Visual Impact Analysis prepared by Young Associates, 121 Juliand Hill Road, Greene, O NY 13778, prepared for Massachusetts REFUSETECH Inc., 285 Holt Road, North Andover, MA, dated January 6, 1998. v) . Independent Air Quality Review of Proposed MRI Emissions -Control Upgrade, �. prepared by ARI, 9 Pond Lane, Concord, MA, for Town of North Andover Planning Board and Board of Health, dated July 1998. vi) Noise Study Peer Review prepared by Stephen E. Ambrose, Noise Control Engineer, 4 Old Great Falls Road, Windham, ME 04062, prepared for the North Andover Planning Board,. dated July 30, 1998. vii Traffic ReviewY re ared b Ha ec Associates, 375 Common Street, Lawrence, MA P P J 01840, prepared for the North Andover Planning Board, dated July 2, 1998. viii) ' Plan titled: Massachusetts Refusetech Inc., 285 Holt Road, North Andover, MA Air Emissions Control System Retrofit General Arrg't Elevation, prepared by EMCON, Inc., Andover, MA, dated 4/15/98, last rev. 5/21/98 ix) Plan titled: Massachusetts Refusetech Inc., 285 Holt Road, North Andover, MA Plan to Accompany Application for Site Plan Review, prepared by EMCON, Inc., Andover, MA, dated 4/15/98, rev. 5/13/98, and 7/7/98. to 9 x) Plan.titled: Massachusetts Refusetech Inc., 285 Holt Road, North Andover, MA Lime Preparation retrofit General Arrangement Elevation, prepared by EMCON, Inc.. Andover, MA, dated 4/15/98, rev. 5/13/98. Cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Drainage Consultant Planning Board Police Chief Fire Chief Applicant Engineer File MRI - Site Plan Review D sed from date of decs: M - �csed from da'c of de_ -;'o ,t.R fu: ig of ap ap ea, V J �_ / 9; Jcym A. Brads".syr Town. Clerk TOWN OF NORTH ANDOVER MASSACHUScT' S BOARD OF AFFEALS BOARD OF APPEALS DECISION Massachusetts RI:r JSEi rCH, Inc. 235 Holt Road North Andover, MA 01345 DECISION Petition #023-98 ft'n'-J'77 S ' 1� a1 ! o1 .ci JOYCE- TOWL HORTH dNGo" cR Auc 19 II 4� Pk `y8 • .Ar rI A T ie Copy Qxriv-- 4b:M ClErk i ne Board of Appeals held a public hearing on Tuesday evening May 19. 1998, and continued that public hearing on lune 9, 1998 and to July 14, I998, and August 11, 1998 to consider the application of Massachusetts REFUSETECH, Inc. requesting an Earth Removal Permit with respect to premises at 235 Holt Rd, North Andover, Mass 01345. i ne following conditions apply: 1, i ne soils to be excavated are comprised of original site soils plus clean structural FII. 2. The e% vadcn material will be stockpiled on-site, not trucked off-site. 3. While stored on-site, measures will be taken to prevent wind and water erosion of the stoctcpile (e.g.; containmem silt fences, hay bales, seeding, etc.). 4. The soils will be re -utilized on-site for baclfiIline foundations and m -grading construction area contours. 5. If excavated soils are sent off-site, they will be tested and managed in acoordance with the anolicable re;,ulatory standards. o. That all movement of soil is in accordance with the Dust Control Plan (as attached) dated July 29. 1998, for Mass RE: USETCr Inc., by "E MCON" of 3 Riverside Drive, Andover, MA 01310. i. 7 -he quantity requested of earth removal to be no more than 3,000 yards (well below the 5.000 yard limit). i ne following members were present throughout the public hearing, and voted to int the requested Earth Removal PtrMiL Chairman William J. SuBlivan. Vice -Chairman Walter F. Soule. Robert Ford Ellen McinnTe, and George F;:r'.ev. Willi, 1. Suilivan Zoning Board of Appeals attachment/ Omi/soil s r C DUST CONTROL PLAN FOR CONSTRUCTION ACTIVITIES MASSACHUSETTS REFUSETECH, INC. EMISSIONS CONTROL PROJECT NORTH ANDOVER, MASSACHUSETTS _ Prepared for The North Andover Zoning Board of Appeals August 13, 1998 - Prepared by EMCON 3 Riverside Drive Andover, MA 01810-1121 Project 86458-001.000 --- Task 00006 ..O i rF r T E I �_ r, -�� i:. � t • � �� LEF_t CONTENTS 1 INTRODUCTION 2 CONTROL REQUIREMENTS 2.1 General 2.2 Separation of Materials 2.3 Schedule 2.4 Applicability 3 CONTROL TECHNIQUES 3.1 General 3.2 Passive Techniques 3.3 Active Techniques ene-andvrlj:\86458001.000\final\061ocal\dust2.doc-96\dstoehre:I ii 1-1 2-1 2-1 2-1 2-2 2-2 3-1 3-1 3-1 3-1 �� �,•' =7 --.I .":[ r€ 6.' i= a i_i �� ia' t ••. �t s:. .�� I� 1 INTRODUCTION This Dust Control Plan was prepared for the Massachusetts REFUSETECH, Inc. (MRI) site located at 285 Holt Road in North Andover, Massachusetts. The purpose of the plan is to minimize the potential for fugitive dust generated by construction activities associated with the Emissions Control Project. The plan is being submitted to the North Andover Zoning Board of Appeals to supplement the application for an Earth Removal Permit submitted by MRI, dated April 15, 1998. ene-andwI j:\86458001.000\final\061ocal\dust2.doc-95\dstoehm:I 86458-001.000— Task 00006 1-1 Rev. 0, 8/13/98 r 2 CONTROL REQUIREMENTS 2.1 General r -t' .• .� �j �' 1 it Areas of the site that are undergoing excavation, grading, filling, or cutting, or are subject to other dust -producing activities, will be subject to dust minimization practices. Appropriate dust control measures will be implemented to ensure that fugitive dust emissions are minimized from all excavations, stockpiles, haul roads, permanent access roads, and all other construction work areas within the site boundaries. The proposed dust. control measures are discussed more fully in Section 3. As discussed in the application for Earth Removal Permit for the Emissions Control Project, approximately 3,000 cubic yards of soils will be excavated during the proposed construction for the installation of foundations, buried piping and electrical systems, etc. All excavation will be incidental to construction of ,the buildings, structures, and buried services. It is presently anticipated that the excavated soil will be temporarily stored on-site prior to being reused on-site. Due to the congested conditions on site, it is anticipated that most of the excavated material will need to be moved to a central stockpiling area, rather than be left next to the excavation areas. Most of the excavated soil will be needed for backfill. Engineered fill material was brought in to p - level the site during original construction. Therefore, most of the excavated soil is expected to be suitable for backfilling of excavations for the Emissions Control Project. Excess material not utilized for fill will be temporarily stockpiled on site and utilized for regrading and contouring of the site. The area adjacent to (north of) the boiler building is the selected on-site location to stockpile this material. This location can be utilized to store up to 3,000 cubic yards of material. EMCON Drawings (86458-001-002) entitled Soil Stockpile Area, dated February 19, 1998 (attached) is a partial plan of the site showing the on-site location and proposed method of temporarily storing soil before it is reused on site. For any soil storage, careful location, containment, and erosion control measures will be utilized to prevent storage pile runoff. The figure, EMCON Drawing (86458-001-008, rev. 0) entitled Stake Hay Bales and Silt Fence Details, dated February 12, 1998, illustrates typical erosion control measures. 2.2 Separation of Materials — Prior to initiating excavation activities, any ash, chemicals, or other products that could come into contact with excavated soils shall be removed from the existing surfaces. These surfaces shall be thoroughly washed down before commencing excavation activities. To prevent ash from mixing with excavated or stockpiled soils, appropriate physical barriers (such as Jersey barriers a ene-andwI j:\86458001.000Vfinal\06local\dust2.doc-95\dstoehre:I Rev. 0, 8/13/98 86458-001.000— Task 00006 2-1 and/or hay bales) will be installed and maintained to separate ongoing ash handling operations ofrom construction activities. 2.3 Schedule Passive erosion and dust control structures, such as silt fencing and haybales, shall be installed as part of the initial preparation for construction activities. If necessary, additional passive dust control methods, such as mulching and vegetating, shall also be implemented during construction activities. All dust control measures shall be regularly maintained and/or replaced, as necessary, throughout construction activities. Active dust control methods shall be performed daily as the work proceeds and whenever a dust nuisance occurs. Inactive soil stockpiles shall be tarped or covered within seven days of placement, or sooner if required by weather conditions, in order to minimise potential dust or erosion conditions. 2.4 Applicability The requirements of the plan shall be enforced by MRI on all Emissions Control Project contractors and subcontractors performing work regulated by the Earth Removal Permit. Each contractor and subcontractor will be required to review the Plan prior to commencing construction activities. o 0 enc-indvrl j:\86458001.OOOVnal\061ocal\dust2.doc-95\dstochrc:I Rev. 0, 8/13/98 86458-001.000-- Task 00006 2.2 3 CONTROL TECHNIQUES 3.1 General Dust and erosion control measures shall be implemented to prevent wind and water erosion to soil stockpiles. Dust shall also be controlled on all roadways and other construction areas at the site at all times during construction activities. Dust control shall be accomplished through the combined use of passive and active dust control techniques. 3.2 Passive Techniques Passive erosion and dust control methods include silt fencing, haybales, mulching, vegetating, jersey barriers, railroad ties, and tarping, or a combination of two or more of these methods. Silt fencing and haybales shall be constructed in accordance with Drawing No. 86458-001.008, Rev. 0, attached. I Anchored mulch may be applied to non -traffic areas that are subject to dust generation through wind and blowing. Temporary and permanent vegetation should be established as soon as �_o possible in any areas designated for landscaping. Liquid palliatives and penetrating asphaltic materials will not be permitted as a method for dust E_ control. 3.3 Active Techniques Acceptable methods of active dust control include motor sweepers, vacuums, spraying water, or a combination of these methods. Spraying water shall be repeated at such intervals to keep dust to a minimum at all times. Sufficient suitable equipment to accomplish this shall be maintained at the site at all time. The Building Commissioner or his/her designee shall have the authority to require additional equipment or additional control measures if they determine such additional equipment or measures to be necessary. All such measures shall be at the cost of MRI. It is anticipated that water sprays will be the .primary means of controlling dust during active v�QEC construction. activities. Tarps or other suitable cover materials will, however, be placed on inactive soil stockpiles within seven days of establishing the stockpile, or soon if requir y weather conditions, in order to minimize potential dust or erosion conditions. The Building Commissioner or his/her designee shall have the authority to require additional equipment or additional control measures if they determine such additional equipment or measures to be necessary. All such measures shall be at the cost of MRI. -0 enc-andwI j:\86458001.000\final\061ocal\dust2.doc-95\dstoehre:I Rev. 0, 8/13/98 8(A58-001.000— Task 00006 3-1 co F_LOw ^ fill - 4" VERTICAL FACE II II III ' EXISTING GRADE EMBEDDING VIEW ANGLE STAKE TOWARD PREVIOUSLY LAID SALE - FLOW WIRE OR NYLON BOUND, STRAW BALES 2 RE -BAR STEEL PICKETS, OR 2"x 2" STAKES DRIVEN 2' INTO GROUND STRAW BALE DETAILS DATE 2/12/98 Em DVVN SMF ,� JJ CO n AP PR REV PROJECT NO. 86458-001.000 .OLE ,-NETTING BACKED FILTER PABR,C -BACKFILL MATER fLDW DIRECTION e- NATIVE SOIL ;E DETAILS Drawing No. 86458-001.008 Rev 0 MASSACHUSETTS REFUSETECH, INC. NORTH ANDOVER, MASSACHUSETTS . STAKE HAY BALES AND SILT FENCE DETAILS U ESSEXLAWNORTH REG21q.TRY 0 /7D , TTS A REGISTER OF DEED m I 0 f� ?I gi AX -� a 17 213 Lr) i I Jj I I STOCKPILE BOUNDARY OFmcon Rol, OFmcon STO Boul (SEL V1, _/ 1'6 3 1,V 0 30 60 SCALE IN FEET :10, - DATE -2 OWN_. APP- REV - PROJE( EXISTING BOILER BUILDING NOTES: STOCKPILE FOOTPRINT ALLOWS FOR OVER 30()Oo CUBIC YARDS OF SOIL STORAGE GE CAPACITY. 2- PROPER EROSION PREVENTION TECHNIQUES AND CONTROL STRUCTURES WILL BE IMPLEMENTED TO CONTROL EROSION AND STORMWATER RUNOFF AND INFILTRATION. DRAWING No. 8@458-001-002MASSACHUSETTS REFUSETECH INC. 285 HOLT ROAD NORTH ANDOVER MASSACHUSETTS )oif SOIL STOCKPILE AREA Es "X "40R -,H REGISTRY OF IDEEOS A TR Us 7 REGIS77ER OF DeM AZ'I'ESI° A Tme Copy BOARD OF APPEALS DECISION Massachusetts REFUSETECIH, Inc. 285 Holt Road *' DECISION North Andover, MA 01845 * Petition,' * r, ;��• yr% RECCDVEG JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER .111E r� ::..csed I= date c- dscs:c� Ming cf an ' Cala Joyce . Bradsmw Town Clerk The Board of Appeals held a public hearing on Tuesday evening May 19, 1998, and continued that public hearing to June 9, 1998, and to July 14, 1998,. to consider the application of Massachusetts REFUSETECH, Inc. requesting, with respect to premises at 285 Holt Road, North Andover, the following zoning relief: (1) a VARIANCE from Section 7.4 of the Zoning Bylaw to. allow the height limitations of the Zoning Bylaw to be exceeded; (2) a MINOR MODIFICATION OF A VARIANCE issued on April 13, I982, from Section 7.4 of the Zoning Bylaw to confirm that the existing boiler building at 285 Hold Road falls within the terms of that variance; and (3) a DETERMINATION udder Section 8.1.5 of the Zoning Bylaw that the proposed number of off-street parking spaces at 285 Holt Road is adequate. The following members were present throughout the public hearing, and voted on the requested zoning relief. 0Chairman William Sullivan, Vice -Chairman Walter Soule, Robert Ford, Ellen McIntyre, and George Early. Notice of the public hearing wis advertised in the North Andover Citizen on April 28 and May 5, 1998, posted, and mailed to parties in interest as required by G. L. c. 40A, § 11. Upon duly made and seconded motions, Board voted unanimously to GRANT the application for the reasons set forth below. FINDINGS 1. Massachusetts REFUSETECH, Inc. ("MRI") owns and operates an existing resource recovery facility located at 285 Holt Road in North Andover (the "facility"). 2. The facility operates within the framework of 20 -year service agreements between MRI and 23 communities, including North Andover, that are members of the North East Solid Waste Committee ("NESWC"). The service agreements ensure that the facility meets the municipal solid waste disposal needs of the NESWC communities. The facility also serves private waste haulers on a contract basis. 3. The facility was constructed in the early 1980s. As part of the construction planning process, MRI sought a variance so that the tall boilers required for a resource recovery facility could be enclosed by a boiler building. The Board issued a variance on April i3,^1982. allowing the facilit</ to be constructed to approxianately 102 feet above the 'L'.:'::t Of �"YY:r S 1,OCr `�:�ul'Jai�:u w t 1 i .5 f: �t aGvVi; C' '-' j 17U ti/a:�anie ). . tS built, the height of the existing boiler building is 106.:, feet above the elevation of the N r V 2 !o8+ 0•r M cs Zx 9 Cn v RECEiYE0 JOYCEBRADSHAW TOWN CLERK 2 NORTH ANDOVER Otipping floor (equivalent to 122 feet above grade). The Bo41 6 frhds'?4- 6 eA'edance does not implicate any of the interests protected by the Zoning Bylaw. 4. In addition, on June 2, 1982 the Board granted a second variance from the height requirements of the Zoning Bylaw to allow construction of the existing stack at the facility to a height of 230 feet. 5. Federal and state requirements adopted pursuant to the federal Clean Air Act Amendments of 1990 require that additional air emissions control equipment be installed at the facility by no later than December 19, 2000. 6. The proposed project consists of the addition of advanced air emissions control equipment and necessary appurtenant structures, including, among other things, spray dryer absorbers ("SDA's") and lime storage silos. The project is shown on three drawings submitted to the Board, entitled as follows: 1) "Plan to Accompany Application for Zoning Variance," dated July 14, 1998 (Drawing No. 86458-001-003 Rev. 1; 2) Lime Preparation Retrofit, General Arrangement Elevation", dated April 16, 1998, (Drawing No. 86458-001-005); and 3) "Air Emissions Control System, Retrofit General Arrag't Elevation,". dated April 16, 1998 (Drawing No. 86458-001-004). (These three plans shall hereafter be referred to as "the Plans.") 07. As a result of design requirements, the SDA's must be 110 feet above grade, while the lime storage silos must be 88 feet, 1.5 inches above grade. Under the Zoning Bylaw, the maximum allowable height is 85 feet. However, the SDA's and lime storage silos are at heights lower than the approved height of the existing facility and stack set forth in the previously issued variances. 8. The existing facility is substantial and unique. It was designed, constructed, and permitted for the sole purpose of serving as a resource recovery facility, the only such facility in the I-2 zoning district and the only such facility in the Town as a whole. Unlike certain other industrial facilities, such as factories that can change assembly lines or mill buildings that can be converted to offices or residences, there is no reasonable use for MRI's facility except as a resource recovery facility. 9. The continued use of MRI's facility requires the installation of state-of-the-art emissions control equipment adequate to meet the U.S. Environmental Protection Agency's ("EPA") new technology-based emissions standards. EPA established the new sulfur dioxide and hydrogen chloride limits based on the use of SDA's. SDA's have been demonstrated in practice to be very efficient and reliable. No alternative emissions control equipment that is as efficient and reliable as an SDA could be installed at a height of less than 85 feet. The proposed height of the SDA's is based on the flue gas residence time necessary to achieve compliance with the new emissions Qlimitations and reaction product drying time. The residence time is a function of and is directly related to the height of the SDA. In addition, the height of the lime silos has 0 RECEIVED JOYCE BRADSHAW TOWN CLERK 3 NORTH ANDOVER Obeen minimized to the extent practicable by providing two one1�ialfzJsize�r siosFiathi than a single larger silo. The proposed height is required to provide the necessary lime storage volume, vertical space requirements for the lime slaking equipment and storage volume for the lime slurry product. 10. Literal enforcement of the height limitation in this case would result in substantial hardship to MRI because without the timely installation of the proposed equipment, the facility could not be put to its special purpose use. 11. The proposed emissions control equipment and associated lime storage silos will be no taller than the existing boiler building_, and will merely be new components of a facility that has been in existence for over 13 years. The new structures will not change the character of the facility's industrial neighborhood from an aesthetic or any other standpoint. The proposedequipment is bracketed by taller portions of the facility on both sides, and will be barely be noticeable from any vantage point surrounding the facility. Moreover, the sole purpose of the proposed emissions control equipment and associated silos is to reduce emissions of air pollutants, and the Massachusetts Secretary of Environmental Affairs has already certified that "the project will have significant air quality benefits." Certif Cate of the Secretary of Environmental Affairs on the Environmental Notification Form at 2 (Mar. 13, 1998). 012. The facility's largest shift is currently 35 employees, which will increase to 36 as a result of the emissions control project. While the facility's current 52 parking spaces (including two handicapped spaces) are adequate to meet the facility's parking needs, MRI plans to increase the number of parking spaces to 56 (with three spaces designated for handicapped use, including one van accessible handicapped space). 13. The off-street parking requirements in Section 8.1.2 of the Zoning Bylaw do not address the parking needs of a resource recovery facility. GRANT OF ZONING RELIEF Based on the findings set forth above, the Board concludes that MRI has satisfied the provisions of Section 10.4 of the Zoning Bylaw with respect to the request for a variance. Specifically, the Board determines that: (1) there are unique circumstances relating to the structures on this site that are not present generally within the zoning district in which the land is located; (2) because of those unique circumstances, a literal enforcement of the provisions of the Zoning Bylaw would cause substantial hardship, financial and otherwise, to the petitioner by preventing the installation of the emissions control equipment 0 required by law and thereby preventing lawful use of the existing, substantial, RE'EiYED JOYCE BRADSHAW TOWN CLERK 4 NORTH ANDOYER q special purpose buildings and equipment which comprk la re&� 4 ec!%ry facilities; (3) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw which allows resource recovery facilities as a matter of right in this zoning district; (4) the addition of new emissions control equipment will promote the public good and satisfy the primary'purpose the Zoning Bylaw, namely, "the promotion of the health, safety, ... and welfare of the inhabitants of the Town bf North Andover" (section 1) by ensuring that air emissions from the facility are lower than the current emissions and are in compliance with federal and state laws designed to protect the public health, safety, and the environment. On the basis of these findings and conclusions, the Board grants the variance, subject to conditions 1-8 below. The Board further grants the requested modification of the 1982 variance to allow for the existing building to be 106.5 feet above the tipping floor, subject to condition 9 below. Finally, the Board determines that the'proposed increase in off-street parking spaces O from 52 to 56 will be adequate to accommodate the parldng needs generated by the facility. CONDITIONS TO GRANT OF RELIEF 1. Within seven days from the -date of this decision, MRI shall revise the Plans to show the height of the buildings and structures from a) ground level; and b) mean sea level. 2. MRI or any transferee of this variance shall comply at all times with all applicable federal, state, and local laws, regulations, and/or permit conditions. 3. This variance shall not be construed as authorizing an increase in the capacity of the plant beyond the currently permitted capacity. 4.. This variance shall not be construed to either explicitly or implicitly authorize the construction of any building or structure other than those buildings or structures specifically shown on the Plans. 5. The construction of the project shall be in full compliance with Phase I, Phase II, and Phase IIT documents referenced in a letter dated July 2, 1998 from David Spencer to Steven J. OComen and Michael T. Gass, attached hereto and incorporated by reference herein, as they may be amended by David Spencer or his successor: I Pry -7 t .. I l� .JOYCE BRADSO* TOWN CLERK 5 NORTH ANDOVER FV i O 6. Prior to the issuance of a building permit, final design �Lslshall�be submitted to the Building Commissioner for determination as to whether the plans are in conffrmance with this decision. 7. The Plans as revised pursuant to Condition 1 shall be recorded in the Essex North Registry of Deeds at the time that this Variance Decision is recorded. 8. If MRI or any transferee requests any waiver or exemption of any kind from any federal or state law, regulation, or permit requirement governing air emissions from the MRi facility, it shall provide notice of this request to the North Andover Town Manager at the time it makes the request.' 9. - MRI shall prepare and submit to. the Board plans showing the existing boiler building from a frontal and cross-sectional view. These plans shall provide the elevation of the existing building from ground level and mean sea level. These plans shall also be recorded with the plans identified in condition 7. North Andover Board of Appeals U By: �. I:\CLIENTS\NAN\ZBAVAR. NAN N .. ,_ _ .. - �z'1�..•f•.V'fc�E•.' 'J[t6a'sWm6�'t%rfTI�.T ... ..�..:.�t"5r�:3sw�