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HomeMy WebLinkAboutMiscellaneous - 285 HOLT ROAD 4/30/2018 (2)Location H No. -,: �-) 6 Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ '34 us Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL s 3c;?S Check # 46 9 "m 4� ( Building Inspector E, I TOWN OF NORTH ANDOVER BUILDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING 111,3 0 zgggg, MERU-, M"17 -0 0 1� YMIS.- 'Mal 404,04 -229 M, �0 WINNINNam!;; NO s Section for Official Use OnI mw BUILDING PERMIT NUMBER: DATE ISSUED: -Xs) &- -�5- C) 0 SIGNATURE: Building Commissioner/lamwor of Buildings Date 1. 1 Property Address: 1.2 Assessors Map and Parcel Number. Mao Number Parcel Number Ift 14- KC4. MALA) FoA. 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District tMosed Use Lot Area (sf) Frontage (ft) 1.6 BUILDING SETBACKS (ft) Front Yard Side Yard Rear Yard Required Provide ReTlired Provided ReqW -Provided 1.7 Water Supply M.G.L.C.40. 54) 1.5. Flood Zone Information: 1.8 Sewerage Disposal System: Public 0 Private 0 zone - Outside Flood Zone 0 Municipal OnSiteDisposal System 0 R."W"M M-219"', I all Iffil"21104" =I- 2.1 Owner of Record 176AIJ-zrv� lAq- 1&7-,?04,� Name (Print) Address for Service: ,,, Sce Signature Telephone 2.2 Authorized Agent S�% 7,- T 2� ;_1 Bps Name Print Address for Service: o. ( r9 ;7 je; Signature Telephone 3.1 Licensed Construction Supervisor Not Applicable 0 J-ir, Z-"rv-, 5 0314 5 50 Address License Number / -3 3 Licensed Construction Suofvisor: Expiration Date -Telephone, r-327cgjstered,!�q .W�provcrnent Contractor Not Appli6able (I Company Name. Registration Number Address Expiration Date Signature Telephone 0 M 90 0 -n M G) as Owncr/Authonzed Agent Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed under the pains and penalties of pe�ury Print Name -q 2." 6 / 'e" Signature of Owner/Agent D�te Item Estimated Cost (Dollars) to be Completed by permit applicant 1. Building (a) Building Permit Fee 1.01, i;0-1 000 Multiplier 2 Electrical (b) Estimated Total Cost of Construction from (6) 3 Plumbing Building Permit fee (a) (b) 4 Mechanical (HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) Check Number igxg NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TIMBERS I ST 2 ND 3 RD SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING x MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE ON- MAIN'- Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial ofthe issuance of the building permit. Signed affidavit Attached Yea ...... )�k No ....... 0 5.1 Registered Architect: Name: Address Signature Telephone LLC - Responsible in Charge Not Applicable 0 Area'of Responsibility Registration Number Expiration Date Name: Address: Signature Total Not applicable 0 Registration Number Expiration Date Name: Address Signature Telephone Area of Re*nsibility Registration Number Expiration Date Name Address Signature Telephone J. Area of Responsibility Registration Number Expiration Date Name Address Signature Telephone LLC - Responsible in Charge Not Applicable 0 . . .... 0(00 MY New Co nstruction 0 Existing Building 0 Repair(s) [I Alterations(s) Addition 0 Accessory Bldg. 0 Demolition Other 0 Specify Brief Description of Proposed Work: 0 0 USE GROUP (Check as applicable) CONSTRUCTION TYPE A Assembly 0 A-1 0 A4 0 A-2 A-5 0 A-3 0 0 ]A 113 0 0 B Business 0 2A 2B 2C 0 0 0 C Educational 0 F Factory 0' F -I 0 F-2 0 H High Hazard 0 3A 3B 0 0 I Institutional [3, 1-1 0 1-2 0 1-3 0 M Mercantile 0 4 0 R residential 0 R -I 0 R-2 0 R-3 0 5A 5B 0 0 S Storage 0 S-1 0 S-2 0 U utility 0 Specify: M Nfixed Use 0 Specify: S Special Use 0 Specify: COMPLETE TIHS SECTION ]IF EXISTING BULLDING UNDERGOING RENOVATIONS, ADDITIONS AND OR CHANGE IN USE Existing Use Group: Existing Hazard Index 780 CUR 34: Proposed Use Group: Proposed Hazard Index 780 CMR 34: Mi BUELDING AREA EMSTING (if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floor (sf) Total Area (sf) Total Height (ft) Independent Structural EngineeriM Structural Peer Review Required Yes 0 No 0 SECTION 10a Owner Authorization - TO BE COAWEETED WHEN OWNERS AGENT OR CONTBACTOR APPLIES FOR BUHDING PERMff I, 'Se -.0- 77 Hereby authorize�_�A My behalf, in all matters Owner of the subject property two work authorized by this builcling permit application .0 (Ole f Owner Date to act on The Commonwealth of Massachusetts .Department of Industrial Accidents Office of Investigations Boston, Mass: 02111 Workers'Compensation Insurance Affidavit I Name Please Print Name: Location: cily Phone F-1 I am a homeowner performing all work myself. F-1 I am a sole proprietor and have no one working in any capacity I am an employer providing workers! compensation for my employees working on this job. Company name: Address Cily: Phone#: insurance Co.. P0-1icv # Company name: Address 1f::J cipc 4"..) 101 (!1 0 Phone#: q-73—q(pS--00,r�,�— +1Y — ;),ON 9).S-- �ai6re' to secure�c'overage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties ofo fine up to $1,50C and/or one years' iMpris6nment-;�s-wefl-as-civii-pena#ies.jn-ffie-fi=WASTOP -wORK. -oRbtk..arld -.a finenfl.$1-00-OD --aiday.agixinst -me. I understand that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for coverage verffida6on. / do hereby certify undgr U/0 pa�qp�o Pprialties of pefjury that the information provided above is true and correct. Print Offici;; = only do not write in this area to be completed by city or town ofticial' O(V-04-0 — (4 (PS-- DOES— City or Town Permit/Licensing El Building Dept E] Check if immediate response is required Udensin_q Board Sqlectman's Office Contact person: Phone #.- Health Department El Other - - - - - --- - - - Town of North Andover tAORrh 6 0 Building Department 0 Z. %-.W.. 27 Charles Street North Andover, Massachusetts 0 1845 (978) 688-9545 Fax. (978) 688-9542 ,,Teo A C IN u DEBRIS DISPOSAL FORM In accordance with the provisions of MGL c 40 s 54, and a condition of Building permit-# the debris resulting from the work shall be disposed of in a properly licensed solid waste disposal facility as defined by A4GL c 11, sl 56a. The debris will be disposed of in /at: Facility location i.Aitire of Date NOTE.- A demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector. FORM - U - LOT RELEASE FORM INSTRUCTIONS- Ms form is, used to verify that all -necessary approval/ permits frorn Boards and Mpartments ' havingjunsdiction have been obtained. This. does not relieve the applicant and'or landowner from compliance with any applicable requirements. x a ff a 0 a a 0 a a a a 0 N.Jff a so 0 0 0 0 0 a a 0 0 a 0 a a a 0 a a a a a a a a a me a 0 0 a a a a a a a a n a a a a 0 0 a 0 0 0 a a a U 10 a 0 a a a 0 —APPLICANT Z�0,rv%pekk (—L(, PHONE— ASSESSORS MAP NUMBER%-- LOTNUMBERC-- SUBDIVISIONt— LOTNLMBER STREET,Y-- IkOk-� U STREET NUNfflER-7_—)--3 5' I as &$am a &—a a a a a 0 ages a Asa ONO as was a a am ON a a so a ON AND am a Doom a Sams soon am a Nam a aw-es* OFFrICIALUSE ONLY I moves a a moms a an a won mom 6 own on a on amanown'sonow on -as women was* an 0 RECOMMEENDATIONS OF TOWN AGENTS I ON so 5 a 0 smon was 0 we wages mows sea DATE APPROVED CONSERVATION ADMINISTRATOR DATE REJECTED CoNflyffi_�M DATE APPROVED TOWN PLANNER CONB&INTS FOOD INSPECTOR -'HEALTH SEPTIC !NSPECTOR - HEALTH CO&RvIENTS PUBLIC WORKS - SEWER / WATER CONNECTIONS DRIVEWAY PERMIT COMIVENTS DATE REJECTED DATE APPROVED DATE REJECTED DATE APPROVED DATE REJECTED WOaqt6 ( DATE APPROVED DATE REJECTED RECEI'VED BY BUI1,DING INSPECTOR DA jok BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number CS 034550 Birthdate: .06108/1953 x - - E ires: 008/2002 Tr. no: 24982 p Restricted Tix% 00 JAMES C ZAMP61- 15 WM FAIRFIELD DR WENHAM, MA 01984 Administrator 7 - Houston Headquarters: 877nl3-6224 Houston Northwinds: 8GO/356-4416 Adel, GA 888/446-6224 Atlanta, GA 877/512-6224 Atwater, CA 800/829-9324. Boise, ID 800/632-3340 Chester, SC 888/624-1990 Dallas, TX 1100/611-6224 T' Indianapolis, IN 800/735-6224 Jackson, MS 800/467-5585 Lubbock, TX 800/758-6224 Mattoon, IL. 800/926-5799 Memphis, TN 800/206-6224 Oklahoma City, OK 800/597-6224 Omaha, NE 800/458-6224 Phoenix, AZ 888/533-6224 Richmond, VA 800/729-6224 Rome, NY 800/559-6224 Salt Lake Cit34 UT 800/874-2404 San Antonio, TX 800/598-6224 Tampa, FL 800/359-6224 International Sales Office: 800/359-6224 7.2 Panel 36" -- 7.200" 451 P) (5 �PITCHES) 2.146'--� (T�P) 1 112 2.146-4 lfts�@ Metal Roof and Wall Systems DID Signature is a registered trademark of Metal Building Components, L.P. Galvalume Plus is a registered and protected trademark Of BIEC International, Inc. Consult the MBC1 TECHNICAL MANUAL for proper product application, design details and other product information. PANEL PRICING: 1. All 7.2 panel pricing is based on a 39 1/8.1 sheet width (see chart on opposite page). 2. Add $0.95 per sheet for lengths under 4'-0". 3. Add $7.00 per square for embossing. PACKAGING COST: Net Yield Weight Maximum 3000 pounds or 75 panels per bundle. PRICE PER SQUARE 2. Block and band only ................. Gauge Girth Eal Per Sq. I Finish 0-19 20-49 50-99 100-300 Over 300 29 29 36" 80,000 71 Galvalume Plus@ 87.85 84.60 81.10 78.05 76.50 Special Order Only 36" 80,000 71 Signature@ 200* 115-65 111.30 106.75 102.75 100.70 26 26 36" 80,000 96 Galvalume Plus@ 96.50 92.85 89.10 85.70 84.00 36" 80,000 96 Signature@ 200* 122.80 118.20 113.40 109.10 106.95 24 24 36" 50,000 118 Galvalume Plus@' 116-95 112.50 107.95 103.85 101.85 36" 50,000 118 Signature@ 200* 150.65 145.00 139.05 133.85 131.20 22 22 36" 36" 50,000 146 Galvalu'me Plus@ 136.95 131.85 126.45 121.70 119.30 50,000 146 Signature@ 200* 100 Square Minimum Order 164.30 161.05 * See Commercial/industrial Color Chart for available colors. Signature is a registered trademark of Metal Building Components, L.P. Galvalume Plus is a registered and protected trademark Of BIEC International, Inc. Consult the MBC1 TECHNICAL MANUAL for proper product application, design details and other product information. PANEL PRICING: 1. All 7.2 panel pricing is based on a 39 1/8.1 sheet width (see chart on opposite page). 2. Add $0.95 per sheet for lengths under 4'-0". 3. Add $7.00 per square for embossing. PACKAGING COST: 1. Maximum 3000 pounds or 75 panels per bundle. 2. Block and band only ................. 3. 4. Block and band, waterproof paper wrap ......... *.'.'.'.*.'.*.,.,.,.,.,.*.*.,.,.*.*.*., Block and band, waster sheet top only $'1'3*.'6'5'(*u'p*to­1'5")` $8.20 '$'24.45 (over 15') 5. ' * * ... * ....... Block and band, waster sheet top and bottom .......................... $14.80 (up to 16) $27.20 (up to 15) $27.20 (over 15) $50.25 (over 16) 6. LTL Package - block and band, waster sheet 7. top and bottom, angle board sides and ends ............. $61.10 (up Export Package - block and band, waster sheet to 15) $74.65 (16 to 26) $84.45 (over 25') top and bottom, steel and wood boxed ............................................. Special Order Only DELIVERY: 1. 2. 29, 26 and 24 gauge - stocked Signature@ 200 colors (see color chart) .......... 22 gauge - (see color chart) ........................................................ Approximately 14 Working Days Please Inquire SUBJECT TO CHANGE WITHOUT NOTIr.;: q;:r: vvuvw Mhf-ii t -AM rnD f-1 MOCK- Cl) m m DO m m m Cf) m Cl) 0 m CA 10 CD a z CCO CL C) CD 06 cr CD 0 CD a: a) to CD CA co Cl) CO2 Cl) CO) -0 . 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COO ED —M m cc E 5-o uj 0 o A2 cm CL 0.50,0 0 . m = L. = C=c CL *- .V— E W cm cm cc f 0 cm z C2 CIO 0 C/) I C/) z 0 u CIO C/) I V u 0 lzr (U �:4 4-4 CO) CD cm CD CA CL) -E co ca 0 0 CD L— J6. iDm% CO CD C.3 M C.3 -510 EL CD ca ts CD 0 CL C.) CO) cc CO) LIJ LU U) T- LLJ Lli CC Lli LU U) 0 . It I. 6 z w am C, co E R 0 ft C. G).S E CD m 0 V) 4 ID cm E ca m -trg CD 0 cm CD it. 4D cm ea a (D ca 14 An cc 12-B cm CL E 0M. 4D.2 �— CD CO) Cc, LA: Rp ra m 0 MO) CLC- -.E- Z 0.0 0 w CD LU ca a .2 co 0 Ir CL ul 0 . CL. - V) 0 C/) z 01 u C/) z 0 u C40 I u 0 6 u 0 CL) E CD C ts co z 0 CO) CID J— CL .0 CD C.3 CL M = E: 5 R 0. 0 Co ul ts CD CL cc "a CO) LLJ C) C/) LLJ U) T- uj uj cr LLJ LU Cf) 0 UW cn 0. ro- C: 0 PQ Cw z U-) V) w am C, co E R 0 ft C. G).S E CD m 0 V) 4 ID cm E ca m -trg CD 0 cm CD it. 4D cm ea a (D ca 14 An cc 12-B cm CL E 0M. 4D.2 �— CD CO) Cc, LA: Rp ra m 0 MO) CLC- -.E- Z 0.0 0 w CD LU ca a .2 co 0 Ir CL ul 0 . CL. - V) 0 C/) z 01 u C/) z 0 u C40 I u 0 6 u 0 CL) E CD C ts co z 0 CO) CID J— CL .0 CD C.3 CL M = E: 5 R 0. 0 Co ul ts CD CL cc "a CO) LLJ C) C/) LLJ U) T- uj uj cr LLJ LU Cf) C17 -V The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations Boston, Mass. 02111 Workers' Compensation Insurance Affidavit Please Print A,)j�l a) 022 - F-1 am a home6wner performing all work myself. I am a sole proprietor and have no one working in any capacity I am an employer providing workers' compensation for my employees working on this job. Address citv: 0 -?C)7? Phone #: 9219r 91J-V— Insurance Co. Poligy# (o R1 Comony name: Address City: Phone insurance Co. Policy # to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one yebrs' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of ($100.00) a day against me. I understand that a copy of this statement may be forwarded to the.Office of Investigations of the DIA for coverage verification. I do herby certify under Signature. Print petiury that the information provided above is true and correct. 4 6; 92 Ply --f - V Qf - Official use only do not write in this area to be completed by city or town official' F-1' Building Dept FlCheck if immediate fesponse is required Building Dept E] Licensing Board E] Selectman's Office Contact person: -Phone A- F-1 Health Department 0 Other FORM WORKMAN'S COMPENSATION fqlmrd TOWN OF NORTH ANDOVER BUILDING DEPARTMENT CWR.Ucm APPLICATION TO CONSTRUCT REPAIR, RENOVATE, CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING 2-11`112122������ 9 on for Official Use BUILDING PERMIT NUMBER: ISSUED: T6A–TE SIGNATURE: :S� a. C>2, —oo. Buildij ComniissiMer�nVdor of Buildings Date 1. 1 Property Address: 1.2 Assessors Map and Parcel Number: /—g5 /i/—/—? Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: ZoningDistrict Proposed Use Lot Area (sf) Frontage (11) 1.6 BU11DING SETBACKS (ft) Front Yard Side Yard Rear Yard Required Provide Required Provi&d ReqWmd Provi&d 1.7 Water Supply M.G.L.C.40. § 54) 1.5. Flood Zone Information: 1.9 Sewerage Disposal System. Public 0 Private 0 zone — Outside Flood Zone 0 muni4al On Site Disposal System 0 I 'I �� -61 M, M, . �N'�M 2.1 Owner of Record Awno,j,rM .2� 14&7 - Name (Print) Address for Service: ^j ) 6 Signature Telephone 1 2.2 Authorized Agfent /01JL� Name Pn' Address for Service: Sign&re Telephone 3.144Gwwwd.Construction Supervisor Not Applicable Address I License Number / Zn ko.-4�e Licensed ConstruAon Sup6visor: F,51— Exptratton Date Signature Telephone 3.2 Registered Home Improvement Contractor Not Applicable 0 Company Name', Registration N umber Address Expiration Date Signature Telephone CA > M d-) 0 M Z 0 Z M 90 0 ,n ic M Z G) A 1, as Owner/Authorized Agent Hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief Signed under the pains and penalties of pe�ury Print Name Signature of Owner/Agent Date R �1.1 Item Estimated Cost (Dollars) to be ';�ggg �u Completed by applicant permit 1. Building gs— 000:p (a) Building Permit Fee Multiplier 2 Electrical (b) Estimated Total Cost of 9W-0 Construction from (6) <6 3 Plumbing Building Permit fee (a) x (b) 4 Mechanical (HVAQ us e— / J--t�. 5 Fire Protection -ro-m L Z. 6 Total (1+2+3+4+5) Check Number '514- lk� V, I ;"" t � 53A I " �iv-"' t, ''. "'E i�j M4, Ng NO. OF STORIES SIZE BASEMENT OR SLAB SIZE OF FLOOR TRvMERS i ST 2 ND 3 RD SPAN DEMENSIONS OF SILLS DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION THICKNESS SIZE OF FOOTING x MATERIAL OF CHIMNEY IS BUILDING ON SOLID OR FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial ofthe issuance of the building permit. S igned affidavit Attached Y ea ..... No ....... 0 SEC7161WI PROVESMOT, UOT 4M JS 5.1 Registered Architect: Name: ,Address SiFature Telephone Nami. Address: Area of Responsibility Registration Number U I . ICompany Name: I Responsible in Charge of Construction Telephone Expiration Date Not Applicable 0 1 Expiration Date �ignature Total Not applicable 0 Registration Number Expiration Date Name: Address Signature Telephone Area of Responsibility Registration Number Expiration Date Name Address Signature Telephone Area of Responsibil, , ity Registration Number Name Address U I . ICompany Name: I Responsible in Charge of Construction Telephone Expiration Date Not Applicable 0 1 New Construction 0 Existing Building 0 Repair(s) X- Alterations(s) Addition 0 Accessory Bldg. 0 Demolition 0 Other 0 Specify Brief Description of Proposed Work: le- el ,-i 0 ]A 1 B 0 0 B Business 0 BUILDING AREA E)GSTING (if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floor (sf) Total Area (sf) Total Heiaht (ft) Independent Structural Engineering Structural Peer Review Required Yes 0 No 0 SECTION 10a Owner Authorization - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR "PLIES FOR BUILDING PERMIT 1, as Owner of the subject property Hereby authorize to act on My behalf, in all matters relative two work authorized by this building permit application Signature of Owner Date USE GROUP (Check as applicable) CONSTRUCTION TYPE A Assembly 0 A-1 11 A4 0 A-2 A-5 11 A-3 0 0 ]A 1 B 0 0 B Business 0 2A 2B 2C 0 0 0 C Educational 0 F Factory -0 17-1 0 F-2 0 H High Hazard 0 3A 3B 0 0 1 Institutional co 1-1 0 1-2 0 1-3 0 M Mercantile 0, 4 0 R residential 0 R -I 11 X1 R-3 0 5A 5B 0 El S Storage -.0 S-1 0 S-2 0 U utility 0 M Nfixed Use 0 S Special Use 0 Specify: Specify: Specify: COMPLETE TIUS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS, ADDITIONS AND OR CHANGE IN USE Existing Use Group: Existing Hazard Index 780 CMR 34: Proposed Use Group: Proposed Hazard Index 780 CMR 34: BUILDING AREA E)GSTING (if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floor (sf) Total Area (sf) Total Heiaht (ft) Independent Structural Engineering Structural Peer Review Required Yes 0 No 0 SECTION 10a Owner Authorization - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR "PLIES FOR BUILDING PERMIT 1, as Owner of the subject property Hereby authorize to act on My behalf, in all matters relative two work authorized by this building permit application Signature of Owner Date RTjj Town Of North Andover Community Development & Services 27 Charles Street North Andover, Massachusetts 01845 Fax 978-688-9542 Board of Appeals (978) 688-9541 INTERNAL MEMORANDUM Building Department Date: September 7, 2000 (978) 688-9545 To: vBob Nicetta, Building Commissioner Conservation Fire Chief Bill Dolan Department (978) 688-9530 Mark Rees, Town Manager Board of Selectmen Health Department Cc: Scott Emerson, AM (978) 688-9540 Board of Health Bill Scott, Director CD&S Public Health Nurse From: Sandra Starr, Health 1) �978) 688-9543 William J. Scott Director (978) 688-9531 Planning Earlier today the Health Inspector and I inspected the Wheelabrator plant on Holt Department Road to determine its status after the recent fire. All trash that had been brought (978) 688-9535 outside during the incident has been removed. The site has been cleaned and cleared of all extraneous material and debris. From the Public Health perspective, and speaking specifically to conditions caused by the trash fire, the facility meets our requirements and can be reopened at any time. I recommend that a concerted effort be made by those departments also involved with this post -fire cleanup to re -open the incinerator as soon as possible. Some of the facilities that have been taking MRI's overflow trash can no longer do so beyond this week. If the North Andover incinerator does not re -open soon, there will be a cause for Public Health concern because of trash backlog and buildup. SW—% r Board of Selectmen Minutes September 5, 2000 DRAFT Beverly Longueil of North Andover, asked if sludge from other communities was going to be brought into North Andover. Septic waste was discussed in the past but it is very different from sludge. You have to be very specific. Attorney Ken Kirnmell will look into the agreement to make sure it covers both septic waste and sludge. He believes the Selectmen have veto power over both septic waste and sludge. NESWC Update. Joan Kulash wrote a letter that she would like the Board of Selectman to review, make necessary changes and submit to the DEP, Governor and State Officials after the fire at the incinerator. This letter to the DEP is asking them to take immediate action in expediting a study of the dioxin buildup in the region. The study should include but not be limited to regional soil, fish and cow milk samples. DEP was at the fire and very concerned but the real heros were our firemen, Fire Chief William Dolan and Jeff Coco from Emergency Management. Joan Kulash stated that the Department of Environmental Protection just looks at ambient air and does not look at any of the deposition, meaning things as they fall on the ground. Gayton Osgood from the Board of Health says it would be a mistake to tie the dioxin study with the fire as the fire is a transitory event, no indication that the fire itself caused unusual emissions of dioxins. The State is not going to go out and do a dioxin study every time there is a fire in a dump or a house. He agrees a dioxin study should be done but tying it to the fire would be a mistake. Joan Kulash wants us to ask Wheelabrator, before the incinerator goes back online, if they have a corrective action plan to identify the source of what was the problem. Why the fire occurred, why '�l it grew out of proportion the way it did, what resources are needed and will they be available next time to prevent it from getting out of proportion. Rosemary Smedile feels if the Town completed a few limited dioxin soil studies around town and did find something, we would have much more leverage demanding that further dioxin studies be done. This could be an alternate plan if the State or DEP does not do the study. John Leeman made a MOTION, seconded by Keith Mitchell, to authorize Keith Mitchell, Joan Kulash and Town Manager Mark Rees, to finalize the letter Joan Kulash drafted to the DEP (Department of Environmental Protection). Also, have the Town Manager contact the Fire Chief inquiring about suppression equipment and find out what other steps need to be taken before the facility become operational again; vote approved 3 — 0. John Leeman also said to be sure a bill is sent to Wheelabrator, for expenses incurred due to the fire. ADJOURNMENT: Keith Mitchell made a MOTION, seconded by John Leeman, to adjourn the meeting at 8:35 PM; vote approved 3 — 0. Kathleen O'Neill Administrative Secretary Keith Mitchell, Clerk of the Board --- -------- a a September 7, 2000 Scott Emerson Plant Manager Massachusetts Refusetech 285 Holt Road No. Andover, MA 01845 RE: COMPLETION OF CRITICAL BRACING REPAIRS FIRE DAMAGE TO HANDLING BUIIDING (DEI Project No. D0345) Dear Scott: At your request we visited the site on Thursday September 7, 2000 to review the critical bracing repairs which have been completed along line "E" of the Handling Building. The completed repairs have been done in compliance with Daigle Engineers' Report dated August 30, 2000, Daigle Engi- neers'drawing S-2 revision #1 dated 08/29/00, and additional directives by our office. Although there are still some non-critical structural issues to be addressed, we take no exception to the plant resuming normal operations at this time. A final report from our office, outlining the remaining non-critical structural issues, will follow shortly. It is our understanding the plant will be addressing the remaining issues as expeditiously as possible, and that our office will continue to monitor the progress Qf the ongoing structural repairs. We xvill continue to provide directives as necessary to assure the remaining structural work is completed correctly. We trust this will address your needs at this time. Please feel free to call if you should have any questions or concerns regarding this project - Very truly, DAIGLE ENGINEERS INC. le �,,Ihan �.�,ngchamp, M.S., P.,E. (ext. 17) Vice President/Lead Structural Engineer DA101e EnAneerS, Inc - I East River P)atce Methuen, MAO 1844-3818 9786921748 978 (582 6421 fax www,daiglepexorn JONATHAN M. [.ONGCHAMP STRUCTURAL No 35867 e? , IT, O'D over 20 Years in Business - Est, 1979 DEI + 9171M - 11:41 AM * # 03451000907.dot + Put, I *J'? 16. — —1 --- . I I 1 1-1 1 __ I --- — — 1. -1 — � I — � / � U"e— I CONSTRUCTION CQ�[IRQL AFFIDDAVI (This document is for construction review only. It does not include a design affidavit) PROJECT LOCATION: zes Hour ieo4i - mo. 4,.%,wey_ . t14 NAME OF PROJECT: _hmsw"cM tetFtAS9Mi1_Ai - Fjoeg 4,"A%:,6 PROJECT NO,- 4c>B45 SCOPE OF PROJECT: C1Z(11(_AL 4(r eeftgg 10 W"U��& � _ffA ___B S-Wa c:que,.ft AMKI IzS t/ R t-Feit 1b 6 e = bgAw I pi (r s R C -it S I jw :1 hA7V�, e. ZAT,60'� Wb h9T R6-PdY-n �ATEt) 6-24-00 Awb 8-30-0a. I .3otiMRitr4 m. of IA6--E EN67NE6W wC submit that our office shall p�r_form the necessary professional services and be present on the construction site on a regular and periodic basis to determine that, generally, the structural work is proceeding in accordance with the construction documents and shall be responsible for the following as specified in Massachusetts State Building Code Section 116-2-7: 1. Review, for conformance to the design concept. shop drawings. samples and other submittals which are submitted by the contractor in accordance with.the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code -required controlled materials. 3. Be present at intervals appropriate to the stage of construction, and complexity of the project, to become aenerally familiar with the progress and quality of the work.. and to determine, in gcneral, if the work is bein- performed in a manner consistent with the construction documents. Our office shall submit periodical (after a "periodic" inspection as deemed necessary by the complexity -of this project) pro 'gress reports, provided the owner notificS OUT office of when the project has progressed to predetermined stages. At the compIction of the construction. we shall submit a final repoit to the building official. The report shall certify, to the best of our information, knowledge, and belief, that the structural work has been satisfactorily completed in substantial compliance with the intent of the �onstruction documents. We submit this affidavit based on the prQvision that an occupancy permit will not be issued until a final affidavit is submitted to the building official by our office. We shall be released from all construction verification liability for aspec . ts of construction not viewed., if said final affidavit is not received. jONA7-HAN AA. LON(-'CVA&!P STRUCTU;IAL S5867 f -7 - 0-0 NOTARY STATEMENT; Subscribed and sworn to before me this NOTARY PUKIC Signature: Ivse&- Massachusetts Registration No, -9 35667 M4 5T)OU -n(Ue_,ft f"e. day of scpr6wa�� / ge�>ew--> /4 MY COMMISSION EXPIRES ON M-whAu'leal Com�cflnn Contfol P�.rndot r-. " CONSTRUCTION CONTROL CONLIPLETION AFFIDAVIT PROJECT LOCATION- z e 5 Rb t -i go)tb - ri o. ti,4baVL_-Yt NAME OF PROJECT; _r1A5SA<AfuS1---7n PROJECT NO: -IMS A-FfIb/Wi7' f'e'rZ-7*,JS 7b 71W U-141VUO-nad 47-- C04-P66L F C %J F r r\. 1. O&A-c4W, r_e-ftA� 1W #7tW&4,-xrfUiL-h1,J(, AW& Ci,,PE "a"' PRZ be -r Aywtr t� ATet,� 6 - 3e> - o e, Av h b e -Z b w& 5- 2- ke4. # I bI A -7-6t a -,247,6 6. do-ri -eje4 17 e^ i",es ,4S 6U-M1,Jet 10 bET 04.--A-K_r bA-rJA 'VJ'-00 AO -C d7-J6m^1Cr. i -J�fti-47yrj m ' L&r46t*hi-mP of LA-T&LG G\VAAn-'Y-S submit th3t our office has per- fon,ned the following professional services.. as specified in MassachUSetTS State BUilding Code Section 116.2-2 and as related to the structural portions of the work: I . Reviewed for conformance to the design concept, shop drawings, samples and other submittals which are ;r a, submitted by the contractor in accordance with the requirements ofthe construction documents. 2. Reviewed ind approved the quality control procedures for all code -required controlled rniterials. Been presentat intervalsappropriate to the stage ofconstniction,arid complexity of the project, to become generally familiar with the progress and quality of the work-, and determine to the extent practical and pos- sible the work, was being performed in a inanner consistent with the structural construction documents, Our observations during site visits do not relieve the Contractor or its subcontractors of their responsibilities and obli- gations for quality control of the work, for iny design work which is included in their scope of services (i.e. design delegation), and for full compliance with the requirements of the Construction Documents and applicable building, codes. FUrthennore, the detection of, or the failure to detect, deficiencies or defects in the work- during our site visits does not relieve the Contractor or their subcontractors of their responsibility to COITeCt all deficiencies or defects, whether detected or undotected, in all parts of the work, and to otherwise comply with all requirements of the Construc- tion Documents, To the best of our information, knowledge, and belief '. the Structural work has been Satisfactorily completed in substan- tial compliance with the intent of the construction document,,i� AS ��Jiii U�. 'ON T AN LON P STPU TUR L No 3.5867 1/5' '�!Rq T Subscribedand sworn to before me this Signature - V Massachusetts (gistration No. 3 5 8 67 MA sna4c'-U'"t R e, Oayof MY COMMISSION EXPIRES ON INIUMN-10S C*W"V;0� COW101 COMPI.6�n AfTH-Mot naig August 30, 2000 Scott Emerson Plant Manager Massachusetts Refusetech 285 Holt Road No. Andover, MA 01845 RE: INTERIM STRUCTURAL REPORT FIRE DAMAGE TO HANDLING BUILDING (DE1 Project No. D0345) Dear Scott: To expedite the reconstruction process we are sending you this preliminary report and a revised copy of Daigle Engineers Drawing S-2 depicting structural bracing repairs. On Friday August 25, and Saturday August 26 we performed a visual review of the structural steel framework at the handling building. Daigle Engineer's was assisted with this review by Donald Dusenberry of Simpson Gumpertz & Heger, as well as Bob Vescovi of Wheelabrator APC. Our visual review was performed with the aid of boom lifts located on the tipping floor and on each end of the crane deck. We were able to utilize one of the overhead bridge cranes as a work platform to review suspect areas of the roof framing and upper level bracing at the handling building. Utilizing safety harnesses we walked each crane rail to visually assess the condition of the rails, runway girders, girder seats and superstructure bracing along lines "E" and "H". We also performed a visual review of the W36 steel columns and frame work behind the deflector plates along line "E". Since the steel along line "H" is common to both the handling building and boiler buildings, we also performed a walk through review of the boiler building framing directly adjacent to line "H". Our review did not discover any distortion to the major structural steel eleffents of the building as a result of direct exposure to flame or high temperatures. Distortion that was observed was pri- marily limited to the steel "X -bracing" and inverted "V bracing" along line "E". The central "X - bracing" over the crane pulpit, and one inverted "V -brace" member (behind the north hopper) along line "H" were also slightly distorted. It is our professional opinion that the bracing distor- tion occurred as a result of thermal expansion of the building's structural steel framing. Daigle Engineers, Inc. I East River Place Methuen, MA 01844-3818 9786821748 978 682 6421 fax www.,daigiepe.com Over 20 Years in Business - Est. 1979 DEI * 8/30/00 + 4 50 PM * * D0345L00083O.doc * Page I of 3 Z.) W I 17aliLgli Page 2 of 3 August 30, 2000 Interim Structural Report Scott Emerson We recommend the bracing along line "E" be replaced as depicted on the attached DEI drawing S- 2, dated 8/29/00. As this bracing is critical to the stability of the building, the repairs along this line must be completed prior to resuming operations. The bottom of the deflector plates along Line "E" will also need to be re -attached. It is our opinion that the bracing repairs along line "H" are not critical to normal operations and therefore it is not crucial that this bracing be repaired prior to restarting the plant operations. Bracing contained in the north and south walls (lines 1 and 9 respectively) did not show any signs of distress. As a result of direct exposure of selected area so . f the steel framing to fire and elevated tempera- tures, we have removed six 7/8" diameter A-325 bolts and sent them out for metallurgical testing. Bolts which were removed from these areas were replaced in kind so as not to jeopardize the per- formance of the structure. We do not suspect the temperatures reached a level that would have affected the metallurgical properties of the bolts, however, we believe the testing is a prudent step toward confirming the structural adequacy of the connections. Hopefully testing on the bolts will be completed by Friday, September 1, 2000. We also visually inspected selected welds at connec- tions in the high heat zones and did not discover damage to the connections. Should the bolt testing produce unfavorable results, we will have to review the hottest areas to determine which bolts need to be replaced and also if additional metallurgical testing is necessary for the structural steel members. As requested, we performed a brief review of the northern overhead crane bridge girders and have made some recommendations with respect to the re -certification of the bridge crane by "Whiting", the bridge crane manufacturer. We did not review the southern bridge crane as this was not ex- posed to direct flames nor the high temperatures to which the northern crane was exposed. Please note that the final review of the bridge cranes is beyond the level of DEI's expertise and should be performed by the crane manufacturer. We can assist with coordinating metallurgical testing if Whiting should determine it to be necessary. In summary, it does not appear the major structural elements of the building's steel frame have been seriously affected by the recent fire. Bracing repairs along line "E" and positive results of the bolt testing should be considered minimum structural requirements to resume operations at the facility. Overhead bridge crane re -certification will need to be performed by Whiting. Other non- critical structural damage such as replacement of several damaged hor�z_ontal braces, roof bar joists, wind girts, decking, siding etc., will need to be done as soon as practical (prior to snow or high wind loads). Various other issues concerning general maintenance, as well as general obser- vations, will be covered in our final report which we anticipate completing early next week. As we understand we will be kept informed of the status of the bracing repairs so we can visit the site to verify the work is proceeding in conjunction with the repair documents. DE1 * 8/30/00 * 4 50 PM * * D0345L000830.doc * Page 2 of 3 1 alki !�2 Page 3 of 3 August 30, 2000 Interim Structural Report Scott Emerson We hope this report addresses your needs at this time. If you have any questions please do not hesitate to call. Very truly, OF 4, JONATHA DAIGLE ENGINEERS INC. M. LONGCHAMP STRUCTURAL c -n' No.35867 T1 Jonathan M. Longchamp, M.S., P.E. (ext. 17) Vice President/Lead Structural Engineer jlongchamp@daiglepe.com encl.: Reduced size DEI drawing S-2 (dated 08/29/00) - Bracing Repairs on Line "E" JML/keo DEI * 8/30/00 * 4:50 PM * * D0345L000830.doc 4 Page 3 of 3 rai�g! August 24, 200.Q Scott Emerson Plant Manager Massachusetts Refusetech 285 Holt Road No. Andover, MA 01845 RE: PRELIMINARY STRUCUTRAL ASSESMENT FIRE DAMAGE TO HANDLING BUIDLING (DE1 Project No. D0345) Dear Scott: As requested we have completed our preliminary structural assessment of the damage to the han- dling building at your North Andover Facility. The structural damage reviewed was a result of a fire in the refuse stock piles contained within this structure. The fire occurred during the early morning hours of August 22, 2000. As you know we visited the site on Wednesday August 23, 2000 to review the general extent to which the steel framework of the building structure was affected by the fire. Due to poor visibility, and lack of direct access to review the affected areas it was agreed we would return the following day to better access the situation and formulate a strategy for performing a more complete struc- tural evaluation. On Thursday August 24, we performed a secondary walk through evaluation of the steel super- structure of the handling building. We were assisted with this walk through survey by Donald Dusenbury of Simpson, Gumpertz & Heger Consulting Engineers, as well as Bob Vescovi a Structural Engineer with Wheelabrator APC of Pittsburgh Pennsylvania. The general consensus amongst Daigle Engineers and the other parties is that there is no immediate danger of collapse of the super structure as it currently exists. Based upon the information available to us at this time it is our professional opinion that entry to the structure by qualified personnel for the purpose of repairs can be considered safe. We do not consider the super -structure to be vulnerable to failure under ordinary everyday environmental loads which would be expected at this time of year. Daigle Engineers, Inc. I East River Place Methuen, MA 0 1844-3818 978682 1748 978 682 6421 fax www.daiglepe.com Over 20 Years in Business - Est. 1979 DEI + 8/24iOO * 4 58 PM * + d03451000824.doe + Page I of2 ITaliLgo! Page 2 of 2 August 24, 2000 Preliminary Structural Assessment Scott Emerson Our evaluation will continue from this point with the assistance of the above mentioned individu- als to further assess the damage and specify any repairs which may be necessary prior to the re- start of plant operations. Our evaluation will follow the guidelines set forth by the National Fire Protection Agency (NFPA) and the American Institute of Steel Construction (AISC) with respect to structural steel framing which has been exposed to fire and elevated temperatures. At this point we envision repairs will include selected replacement of various steel braces, roof joists, roof deck, wind girts and cladding. Daigle Engineers will be the S.E.R. (Structural Engineer of Record) for the; reconstruction process. We will be overseeing the evaluation and testing efforts and, ultimately, will provide documents defining which structural elements are to be repaired or replaced, essentially rebuilding the structure in kind. We trust this will address your concerns at this time. Please feel free to call if you should have any questions or concerns regarding this report. Very truly, DAIGLE ENGINEERS INC. or X)NATH N c- LONG HAMP STRUCTURAL No.35867 onathan M. Lonngchamp, M.S., P.E. (ext. 17) 10 Vice President/Lead Structural Engineer jlongchamp@daiglepe.com JML/keo 6 - -Z+- 0c, DEI 0 8/24/00 # 4*58 PM * 4 d03451000824.doc * Page 2 of 2 08-29-00 11:05 From- T-555 PAI/03 F-893 WAPC/WT 285A HOLT ROAD NOP-TH ANDOVER, MA. 01845 FACSIMILE TRANSMITTAL SHEET TO. MOM Jhwt-A RAY"%os%at COMPANY; DATE - FAX NUMBER. TOTAL NO. OF PAGES INCLUDING COVEIL 8 - 1751f 2 - PHONE NUMBER. SENDER -S REFERENCE NUMBER: RE- YOUR RF-FFJMNCE NUMBEP, Assewme,t ffuRGENT E3FOR, RF-111FW PLFASF COMMENT OP1.17A.SF REPLY PLEASE RECYCLE- NOTES/COMMENTS: A4AC4'.4 -'s copy of A-",r.ssw,e*,4- wk: cA, cosicivotcs At 04- cc Ila, ?.co v ,.s s4e -6r MR r +o okret -6 on'tKe th a 4, 17 w: 11 cc -i4r. (+ Yov vie4, W:-�h rep"; VA., In � bw',!51e-'s S4rvc--bv--Lt 4h4 th e4r- i's ;,"on eJ;Jt +6#t,jt--%5 36s. - =+ 6 we wgpriL� Aa co,%4ewc4jvt-s ;oi m e cessgti-,v mt?4;ej 4v ee4yr- 1h c A$ SVC-%- 4$ pos�s: 61c wke. i-,Ae av% "I f*r yo Y06�v- *;A�3 as 4o .5 4AA -the cleftA. foltowlbs .5 C�t : S'opf E-"empA 285 HOLT ROAD NORTH ANDON'CR ' MA 01845 (978) 557-8150 (978) 557-8140 FAX 08-29-00 11:05 From- ra7igl August 24, 2000 Scott Emerson Plant Manager Massachusetts Refusetech 285 Holt Road No. Andover, MA 01845 RE: PRELMNARY STRUCUTRAL ASSESMENT FIRE DAMAGE TO HANDLING BIJIDLJNG (DE1 Project No. D0345) Dear Scott: T-555 P-02/03 F-893 As requested we have completed our prelitidnarY structural assessment of the damage to the han- dling building at your North Andover Facility. The structural damage reviewed was a result of a fire in the refuse stock piles contained within this structure. The fire occurred during the early morning hours of August 22, 2000. As you know we visited the site on Wednesday August 23, 2000 to review the general extent to which the steel framework of the building structure was affected by the fire. Due to poor visibility, and lack of direct access to review the affected areas it was agreed we would return the following day to better access the situation and formulate a strategy for performing a more complete struc- tural evaluation. On Thursday August 24, we performed a secondary walk through evaluation of the steel super- structure of the handling building. We were assisted with this walk through survey by Donald Dusenbury of Simpson, Gumpertz & Heger Consulting Engineers, as well as Bob Vescovi a Structural Engineer with Wheelabrator APC of Pittsburgh Pennsylvania- The general consensus amongst Daigle Engineers and the other parties is that there is no immediate danger of collapse of the super structure as it currently exists. Based upon the information available to us at this time it is our professional opinion that entry to the structure by qualified personnel for the purpose of repairs can be considered safe. We do not consider the super -structure to be vulnerable to Mure under ordinary everyday environmental loads which would be expected at this time of year. Daigle Engineers, Inc. I East RWer Ptace Methuen. MA 01844-3818 978 68Z 1748 978 68Z 6421 fax www.daigtepe.com Over 20 Years in Business - EsL 2979 DE # 8124M 4 4:59?M 4, * dD3451WM4_&c * PaSt I of2 08-29-00 11:05 From- �ra_il 'I L T-555 P.03/03 F-893 Page 2 of 2 August 24, 2000 Preliminary Structural Assessment Scott Emerson Our evaluation will continue from this point with the assistance of the above mentioned individu- als to further assess the damage and specify any repairs which may be necessary prior to the re- start of plant operations. Our evaluation will follow the guidelines set forth by the National Fire Protection Agency (NFPA) and the American Institute of Steel Construction (AISC) with respect to structural steel framing which has been exposed to fire and elevated temperatures. At this point we envision repairs will include selected replacement of various steel braces, roof joists, roof deck, wind girts and cladding. Daigle Engineers will be the S.E.R_ (Structural Engineer of Record) for the reconstruction process. We will be overseeing the evaluation and testing efforts and, ultimately, will provide documents defining which structural elements are to be repaired or replaced, essentially rebuilding the structure in kind. We trust this will address your concerns at this time. Please feel free to call if you should have any questions or concerns regarding this report. Very truly, DAIGLE ENGINEERS INC. onathan M. Longchamp, M.S., P.E. (ext. 17) Vice President/Lead Structural Engineer j1ongchanW&aig1epe.com JML/keo ONATHAN W tONGCVAMP MUCTURAL No35867 1�1' 10 1, �/ S T tV�_� �6. ?,+. 00 DEI * 9174(00 * 4:59 PM * # 603451000924.doc * Pue 2 of2 MASSACHUSETTS REFUSETECH, INC. A WASTE MANAGEMENT COMPANY CT8'5 -H61t Road .— - -:� North Andover,I�IA 01845 (978) 688-9011 (978) 794-8058 Fax January 9, 2001. Town of North Andovl-.r Board of Health 27 Charles Strcef Ndrth'AndoVeE MA 1&1845, Dear Sir/Madam.: Enclosed are the tonnage receipts at Massachusetts REFUSETECH Ine.c(MRI)--for the calendar month.of December, 2000. 1. certify under penalt'% of law that this document and all'attachments, were prepared undei- my direction or su-ervision in accordance with a system designed to assure that. qualified personnel properly gathf�r and evaluate!tjle �iiifo3:i-p�aLlo),i�,qu"b�i-F.ittpii:I 'Basoel on'iTr,,;:i4quiry of the person or persons who .-�t:nago 1he syst.�,.m, or !hose persons. directly respo-n-sible for gathering intormation, the inform ation sc.Hinitted is to thc�:best of nry 'R---qowledgl..: and belief true., accurate and complete. If vou should have any questions. please contact, me at 978/688-9011. Very truly yours, 14 Plant Controller cc: file 4.1.14 p nj!!,.1y\no. and WordPerfect subj/geni 4 Apt 11 [c], ft A SUMMARY OF TOTAL REFUSE RECEIVED Date Total Contract Communities P -H Contract Guaranteed P -H Spot Private Hauler Subtotal Grand Total 19 -Nov 0.00 0.00 0.00 0.00 0.00 20 -Nov 862.42 292.71 524.86 817.57 1,679.99 21 -Nov 867.62 286.36 595.09 881.45 1,749.07 22 -Nov 870.70 25&�96 513.45 772.41 1,643.11 23 -Nov 0.00 0.00 0.00 0.00 0.00 24 -Nov 916.69 321.91 546.73 868.64 1,785.33 25 -Nov 736.18 266.05 372.55 638.60 1,374.78 26 -Nov 0.00 0.00 0.00 0.00 0.00 27 -Nov 842.32 364.57 558.28 922.85 1,765.17 28 -Nov 901.97 356.71 519.81 876.52 1,778.49 29 -Nov 787.01 431.53 451.62 883.15 1,670.16 30 -Nov 822.82 300.32 546.94 847.26 1,670.08 01 -Dec 682.89 395.72 566.77 962.49 1,645.38 02 -Dec 145.36 74.03 0.22 74.25 219.61 03 -Dec 0.00 0.00 0.00 0.00 0.00 04 -Dec 661.31 345.34 571.37 916.71 1,578.02 05 -Dec 895.65 348.24 492.97 841.21 1,736.86 06 -Dec 753.80 345'.78 513.80 859.58 1,613.38 07 -Dec 755.81 38 5.70 423.99 809.69 1,565.50 08 -Dec 707.30 273.42 545.31 818.73 1,526.03 09 -Dec 125.28 114.75 3.43 118.18 243.46 1 O -Dec 0.00 0.00 0.00 0.00 0.00 11 -Dec 662.99 360.82 521.34 882.16 1,545.15 12 -Dec 790.94 328.71 553.32 882.03 1,672.97 13 -Dec 791.98 458.87 462.90 921.77 1,713.75 14 -Dec 472.55 481.98 449.58 931.56 1,404.11 15 -Dec 440.72 421.16 326.19 747.35 1,188.07 16 -Dec 111.50 47.83 0.56 48.39 159.89 17 -Dec 0.00 0.00 0.00 0.00 0.00 18 -Dec 744.74 615.24 496.50 1,111.74 1,856.48 19 -Dec 853.97 506.67 524.71 1,031.38 1,885.35 20 -Dec 672.77 494.41 470.63 965.04 1,637.81 21 -Dec 772.11 576.26 479.27 1,055.53 1,827.64 22 -Dec 711.66 480.39 558.80 1,039.19 1,750.85 23 -Dec 104.08 96.03 13.85 109.88 213.96 24 -Dec 0.00 0.00 0.00 0.00 0.00 25 -Dec 0.00 0.00 0.00 0.00 0.00 26 -Dec 610.70 493.90 406.91 900.81 1,511.51 27 -Dec 842.02 511.47 378.49 889.96 1,731.98 28 -Dec 853.43 536.25 362.33 898.58 1,752.01 29 -Dec 829.11 648.20 538.67 1,186.87 2,015.98 30 -Dec 667.08 426.45 458.62 885.07 1,552.15 31 -Dec 0.00 0.00 0.00 0.00 0.00 WEEK #1 4253.61 1425.99 2552.68 3978.67 8232.28 WEEK #2 4182.37 1922.88 2643.64 4566.52 8748.89 WEEK#3 3899.15 1813.23 2550.87 4364.10 8263.25 WEEK#4 3270.68 2099.37 2313.89 4413.26 7683.94 WEEK#5 3859.33 2769.00 2543.76 5312.76 9172.09 ALENDAR 15,659.75 9,767.62 10,120.53 19,888.15 35,547.90 MONTH !raigi 61 - May 19, 1999 Robert Nicetta Inspector of Buildings Town of No. Andover, MA Town Hall - 120 Main Street No. Andover, MA 0 1845 RE: STRUCTURAL PEER REVIEW MASSACHUSETTS REFUSETECH, INC APC RETROFIT PROJECT HOLT ROAD - NO. ANDOVER, MA (DEI Project No. DOO 15 ) Dear Mr. 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 professional 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 Building 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. RECEIVED Daigle Engineers, Inc. I East River Place JUN 0 7 1999 Methuen, MA 0 1844-3818 978 682 1748 BUILDING DEPT. 978 682 6421 fax www.daiglepe.com DEI * 5/19/99 4:15 PM DOO I 5L990519. doe * Page I of 3 ra7i Page 2 of 3 May 19, 1999 Structural Peer Review Robert Nicetta Phase 11 of the work, which 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 II is scheduled for a later date. For our Phase I review, the owner provided i 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 stipulated in " Appendix I " of 780 CMR, our office performed the following tasks: • Checked to assure that the design loads are in conformance with the requirements of the Massachusetts State Building Code, 780 CMR - Sixth Edition. • 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 fraction 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). DEI * 5/19/99 # 4:15 PM * * D0015L990519.doc 4 Page 2 of 3 W lTajiLg! Page 3 of 3 May 19, 1999 Structural Peer Review Robert Nicetta We trust that this will satisfy the needs of your office. Please call if you have any questions or concerns. Very truly, DAIGLE ENGINEERS INC Johathan M. Longchamp, M.S.P.E. Vice President/ Structural Engineer x/c: Bill Pifer - Wheelabrator Air Pollution Control Inc. Gene Gales, P.E. - S/D Engineers, Inc. JML/keo JONATHAN C" M. �ONGCHAMP k M fATRUCTURAL LoNo. 35867 - GIS GISTS -I& mi;IA&M DEI * 5/19/99 * 4:15 PM * * D0015L990519.doc * Page 3 of 3 21 Mffieelabrator Air Pollution Control A&A A WMX Technologies Company Phone 412 562 7300 441 Smithfield Street Fax 4125627254 Pittsburgh, PA 222 FROM: (WILLIAM A. FIYEKr_/ REFERENCE: MASSACHUSETTS REFUSETECH, INC. MASSACHUSETTS REFUSETECH, INC. RR APC RETROFIT PROJECT WAPC CONTRACT NO. 06-3830-001 DATE: June 3,1999 PAGE I TRANSMITTAL NO.: 22 TO: e�m M017E, WAP ' C, C/O NORTH ANDOVER RESCO 285 HOLT ROAD NORTH ANDOVER, MA 0 1845 Attention: JIM MOTTE TYPE CODE Original. . . . . . . . . . . . . . 0 Photocopy . . . . . . . . . . . . . PC COPIES TO TYPE CODE COPIES TO TYPE CODE W. PIFER R ELEV. AND DETAILS P 09-24-AO04 Diskette . . . . . . . . . . . . . E J. MCKELVY S/D ENGINEERS - ASH STORAGE BUILDING ARCHITECTURAL Print . . . . . . . . . . . . . P ENGR. SVCS. FILE 0 0 RFI Reduction . . . . . . . . . . . . . R ELEV. AND SECTS. Transparencies . . . . . . . . . . . . T 0 RFI S/D ENGINEERS - ASH HOUSE AND BOILER BLDG. MODIFICATIONS P 09-24-AOIO Transmittal. Letter OnLy . ... . . . . RF1 S/D ENGINEERS - DOOR, HARDWARE & FINISH ARCHITECTURAL STATUS CODE SCHEDULES P 09-25-EO19 0 RFI Released For Information . . . . . . . RFI P 09-25-EO20 0 RFI S/D ENGINEERS - GROUNDING DETAILS ReLeased For Review and Comment . . . . RFR 0 RFI S/D ENGINEERS - ASH HANDLING AREA AND STACKING CONVEYOR Released for Approval. . . . . . . . . RFA LIGHTING PLAN P 09-27-MOO5 I Released as Final. RAF S/D ENGINEERS - ASH HANDLING AREA PHASE 2 PLAN P 09-27-MOO6 I RFI Released for DetaiLing . . . . . . . . RDL P 09-28-P200 0 RFI S/D ENGINEERS - ASH CONDITIONING BUILDING - UNDERGROUND Released for Design . . . . . . . . . . RFD PIPING - RELOCATION ARRANGEMENT P 09-28-P201 ReLeased for Bid . . . . . . . . . . . RFB RFI S/D ENGINEERS - APC AREA - UNDERGROUND PIPING - RELOCATION ReLeased for Fabrication . . . . . . . RFF ARRANGEMENT - SHT. I OF 2 P 09-28-P202 0 RFI ReLeased for Construction . . . . . . . RFC Certified for Construction . . . . . . CFC Approved . . . . . . . . . . . . . . . APP Approved as Noted . . . . . . . . . . . AAN Not Approved . . . . . . . . . . . . . NAP MMARKS: Jim Motte, drawings are re-released for permit application. THE FOLLOWING DRAWING(S) ARE TRANSMITTED FOR THE PURPOSE(S) AS INDICATED IN THE STATUS COLUMN. I TYPE I IDENTIFICATION IREVISTATUSI DESCRIPTION P 09-24-AO03 0 RFI S/D ENGINEERS - ASH STORAGE BUILDING ARCHITECTURAL PLAN, ELEV. AND DETAILS P 09-24-AO04 0 RFI S/D ENGINEERS - ASH STORAGE BUILDING ARCHITECTURAL ELEVATIONS P 09-24-AO06 0 RFI S/D ENGINEERS - ASH CONVEYOR ENCLOSURE STRUCTURAL PLAN, ELEV. AND SECTS. P 09-24-AO08 0 RFI S/D ENGINEERS - ASH HOUSE AND BOILER BLDG. MODIFICATIONS P 09-24-AOIO 0 RF1 S/D ENGINEERS - DOOR, HARDWARE & FINISH ARCHITECTURAL SCHEDULES P 09-25-EO19 0 RFI S/D ENGINEERS - GROUNDING PLAN P 09-25-EO20 0 RFI S/D ENGINEERS - GROUNDING DETAILS P 09-25-EO34 0 RFI S/D ENGINEERS - ASH HANDLING AREA AND STACKING CONVEYOR LIGHTING PLAN P 09-27-MOO5 I RFI S/D ENGINEERS - ASH HANDLING AREA PHASE 2 PLAN P 09-27-MOO6 I RFI S/D ENGINEERS - ASH HANDLING AREA PHASE 2 SECTION P 09-28-P200 0 RFI S/D ENGINEERS - ASH CONDITIONING BUILDING - UNDERGROUND PIPING - RELOCATION ARRANGEMENT P 09-28-P201 0 RFI S/D ENGINEERS - APC AREA - UNDERGROUND PIPING - RELOCATION ARRANGEMENT - SHT. I OF 2 P 09-28-P202 0 RFI S/D ENGINEERS - APC AREA - UNDERGROUND PIPING - RELOCATION Wheelabrator Air Pollution Control ///2L A WMX Technologies Company Phone 412 562 7300 441 Smithfield Street Fax 4125627254 Pittsburgh, PA 15222 FROM: (WILLIAM A. PIFER) REFERENCE: MASSACHUSETTS REFUSETECH, INC. MASSACHUSETTS REFUSETECH, INC. RR APC RETROFIT PROJECT WAPC CONTRACT NO. 06-3 830-001 DATE: June 3,1999 TRANSMITTAL NO.: 22 TO: JIM MOTTE, WAPC c/AbRTH ANDOVER REsco 285 HOLT ROAD NORTH ANDOVER, MA 01845 Attention: JIM MOTTE PAGE 2 P 09-29-SO03 0 RFI AFMANUEMEN I - bti 1. Z U11 2 S/D ENGINEERS - ASH CONVEYOR ENCLOSURE - FOUNDATIONS & TRENCH PLAN, SECTIONS & DETAILS P 09-29-SO04 0 RFI S/D ENGINEERS - SDA & FABRIC FILTER - FOUNDAT10N PLAN P 09-29-SO05 0 RFI S/D ENGINEERS - SDA & FABRIC FILTER - PIER DETAILS P 09-29-SO06 0 RFI S/D ENGINEERS - SDA & FABRIC FILTER - GROUND FLOOR SLAB PLAN P 09-29-SO09 0 RFI S/D ENGINEERS - ASH CONVEYOR ENCLOSURE DRAIN PIT - PLAN, SECTIONS & DETAILS P 09-29-SO14 0 RFI S/D ENGINEERS - ASH STORAGE BUILDING AND TRUCK AISLE - FOUNDATIONS PLAN & SECTS. P 09-29-SO15 0 RFI S/D ENGINEERS - ASH STORAGE BUILDING AND TRUCK AISLE - FOUNDATIONS SLAB PLAN & SECTS. P 09-29-SO35 0 RFI S/D ENGINEERS - DEMOLITION P 09-29-SO37 0 RFI S/D ENGINEERS - SDA & FABRIC FILTER PIER DETAILS I SID Engineers, h7c. 355 Fifth Avenue Pittsburgh, PA 15222 DOCUMENT TRANSAUTTAL From: R. W. Bock (412.562.7525) Date: 5119/99 Transmittal No: 110 To: Wbeelabrator Air Pollution Contro4 Inc. 441 Smithfield Street Pittsburgh, PA 15222 [ Attn: Bill Pifer Massachusetts Refusetech, Inc. - APC RetrOflt Ref. S/D Engineers Contract No.; 01-0069-00 The following documents are tlwismitted for the purpose indicated in the status column: em It* - Type Identift2tiOn Re - Sta tus 1 10, 2P, 09-24-AO03 0 RFC Ash Storage Building – Architectural – Plan, IH Elev., & Details 2 10, Vg� 09-24-AO04 0 RFC Ash Storage Building – Architectural – IH Elev o 3 10, 2P, 09-24-AO06 0 R]FC Ash Conveyor Enclosure – Architectural – IH plan, Elev., & Sections 4 10, 2P, 09-24-AOOS 0 RFC Ash House and Boiler Building – IH Architectural – Modifications 5 10, 2P, 09-24-AOIO 0 RFC Door, Hardware, & Finish – Architectural – IH Schedules 6 10, 2P, 09-25-EO19 .0 RFC Grounding Plan IH 7 10, 2P, 09-25-EO20 0 RFC Grounding Details IH 8 10, 2P, 09-25-EO34 0 RFC Ash Handling Area and Stacking Conv. IH Lighting Plan 9 10, 2P, .09-27-MOO5 I RFD Ash Handling Area – Phase 2 – Plan IH 10 10, 2P, 09-27-MOO6 I RFD Ash Handling Area – Phase 2 – Section I H 11 10, 2P, 09-28-P200 0 RFC Ash House – Underground Piping - IH Relocation Arrangement 12 10, 2P, 09-28-P201 0 RFC Apc Area – Underground Piping – IH Relocation Arrangement Sheet I 13 10, 2P, 09-28-P202 0 RFC ApC Area – Underground Piping – 1H Relocation An-angement Sheet 2 14 10, 2P, 09-29-SO03 0 RFC Ash Conveyor Enclosure – Foundations & 1H Trencli – Plan, Sections, & Details 15 10, 2P, 09-29-SO04 0 RFC SDA & Fabric Filter – Foundation Plan I H 16 1 10, 2P, 09-29-SO05 0 RFC SDA & Fabric Filter – Pier Details IH a— TYPE CODE STATUS CODE ITEM TYPE MPE IH 11. Kac=rmrck, I Original.-..--.--- . .-....0 For lnfonmtion..--.--...--.R 1. Emerson, S. For Review and Comment.....–JM 2. Raymond, D. IH 12. Smay. R. Transrnittal Only ........... X Preliminary ......................... P 3. Brown, G. 1H 13. Bock, R. x Released for Approval ............ RFA 4. Chamey, S. P -Partial 14. Dept. File Diskette ....................... D Released for Bid ..... . . ---....-..RFB 5. Gales, E. P-Pardal 15. Flat File I? I I X 17 Reduction ........ H Released for Construction .. . ..... RFC 6. Jhaveri, Y. P-Pardal 16. Project File IH Reproducible ............... R Released for Purchase ............ RFP 7. Moffit. J. P-Pardal 17. Trans. File x Proceed ............ PRO 8. Swaney, F. Is. Proceed as PAN 9.Thomas, I P-Parta.1 19. Correct & Resubmit ............. CRS 10. Walcott. T. 20. SID E17gl[ILY&S. 117r. 355 Fifth Avenue Pittsburgh, PA 15222 DOCUMENT TRANSAIMAL From: IL W. Bock (412.562.7525) A S/DEngineersContr2d NO.: 01-0069-00 " #V;� , i —4, -T Date: 5/19/99 7ra�ft2l NO: 110 To: Wheelabrator Air Pollution Control, Inc. 441 Smithfield Street Pittsburgh, PA 15222 Attn: Bill Pifer Ref.- Massachusetts Refusetech, Inc. - APC Retrofit Prniart 17 10, 2P, IH 59--29-SO06 0 RFC SDA & Fabric Filter — Ground Floor Slab plan 18 10, 2P, '09-5-S009 0 RFC Ash Conveyor Enclosure — Drain Pit — Plan., Sections, & Details 19 I 10, 2P, IH 09-29-SO14 0 RFC Ash Storage Building and Track Aisle — Foundation Plan & Sections 20 10, 2P, III 09-29-SO15 0 RFC Ash Storage Building and Track Aisle — Foundations Slab Plan & Sections 21 10, 2P, III 09-29-SO35 0 RFC Demolition 22 10, 2P, I H 09-29-SO37 0 RFC SDA & Fabric Filter — Pier Details 9. Thornas, I P -Partial 19. 10. Walcott, T. 20. IREMARKS: These drawings are issued for permit application purposes only. print sent to W. Pifer c/o L Motte at site. Cornment.—FR, .................. P ............ ITA —.—.—.-.--RFB truction...--RFC hase ............ RFP PRO Proceed as Noted. .................. PAN Correct & Resubrnit ............. CRS Note: Original plus one J TYPE CODE raw TYPE 1. Ernerson, S. Original ....... . . . .... For Inforrnation.. Co . ........ For Review and Transmittal Only .......... X Prelirninary ....... Print ........................... P Released for Appi Diskette ....................... D Released for Bid.. I I X 17 Reduction ........ H Released for Cons Reproducible ................ R Released for Purc 1p 6. Jhaveri, Y. Proceed ............ Cornment.—FR, .................. P ............ ITA —.—.—.-.--RFB truction...--RFC hase ............ RFP PRO Proceed as Noted. .................. PAN Correct & Resubrnit ............. CRS n7m TYPE raw TYPE 1. Ernerson, S. IH 11. Ka=narek, I Z Raymond, D. IH IZ Stnay, R. 3. Brown, G. IH 13. Bock, R. x 4. Charney, S. P -Partial 14. Dept File 5. Gales, F. P-P2rtial 15. Flat File 1p 6. Jhaveri, Y. P -Partial 16. Project File IH 7. Moffit. J. P -Partial 17. Trans. File x 8. Swaney, F. Is. 9. Thornas, I P -Partial 19. 10. Walcott, T. 20. MAP Town -GL, PARCEL 1%1�0f L 1, C,- -tU CN NORTH ANDOVER. u BUILDING PERMIT INSPECTION- REPORT PERMIT NO.: PROJECT: 12cl&4VINSPECTION DATE: UNIT NO,: FLOOR: WING: -1 B - UILDI - N . G NO.: REMARKS: lig ee / x -0sr -� e-1 Al �-Zl-ti TOWN OF NORTH ANDOVER LOCAL APPROVAL DECISIONS FORTHE MASSACHUSETTS REFUSETECH INC. EMISSIONS CONTROL PROJECT CONSERVATION COMMISSION . BOARD OF HEALTH ZONING BOARD OF APPEALS PLANNING BOARD SUBMITTED IN SUPPORT OF BUILDING PERMIT APPLICATIONS FEBRUARY 10, 1999 ATITST: A True Copy BOARD OF APPEALS DECISION -n r% 17 4 .1 RE C E tV EO, JOYCE BRADSHAW TOWN CLERK NORTH ANDOYER Massachusetts REFUSETECH, Inc. 285 Holt Road DECISION North Andover, MA 0 1845 Petition 9Qi-22 S:-Tsedirom dale cl'dec�L!on :Izj T � 4hijut N-4 I g of I n an Ima TOM clefk The Board of Appeals held a public hearing on Tuesday evening May 19, 1998, i and con tinued 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 boUer building at 285 Hold Road falls within the terms of that variance; and (3) a DETERMI NATION 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 publ.ic hearing, and voted on the requested zoning relief - Chairman William Sullivan, Vice-Chaitman %1terSoule, Robert Ford, Ellen McIntyre, and George Early. Notice of the public hearing vAs advertised in the North Andover Citizen on April 28 and May 5, 1998, posted, and mai.led 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 I Massachusetts REFUSETECH, Inc. ("MRI") owns and operates an existing resource recovery facility located at 295 Holt Road in North Andover (the "facility"). 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 ("NF -SWC"). 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, MRJ 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. allowing the facility to be constructed to approximately 1021 fee,, above the abovi� gra��,�; i;;,u-, vallarict"). t --'Is oor (eq U1 VL-"' '�o .' 1 .5 f el -t bu;'t. the height of the exis6ng boile,- building is 106.5 ifeet above the elevation of the M14 0/9/0 INI III U 2 '_QP 0 rr, N Q : 0 6 rrt X co 5!Z I= , x PN P A-. 7 q di_ RECC' iYED JOYCE BRADSHAW 'J TOWN CLERK 2 NORTH ANDOYER tipping floor (equivalent to 122 feet above grade). The Bo�l 6 gdsl?hktOex'�Lance 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.") ' 7. As a result of design requirem ents, 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 1-2 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 V = E 0 RECLI JOYCE BRADSHAW TOWN CLERK 3 NORTH ANDOVER QQ been minimized to the extent practicable by providing two one,-10size1?siio' . s 'Ii',�a th"6Y 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 ithe facility on both sides, and will be barely be noticeable from any vantage point sur i rounding 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 .1 . 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 RELEEF 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, P. 9 - - - e:% :.4 Cq-z 7 =I RECENED JOYCE BRADSHAW TOWN CLERK 4 NORTH.ANDOYER special purpose buildings and equipment which comprik19 re&�4t�ecllry 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, "�he promotion of the health, safety.... and welfare of the inhabitants of the Town -of Nor-th 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 requesied modification of the 1982 variance to allow for the existing building to be 106.5 feet above the Upping floor, subject to condition 9 below. Finally, the Board determines that th 'pro I osed increase in off-street parking spaces � P from 52 tb 56 will be adequate to accommo&te the parking needs generated by the facility. CONDITIONS TO GRANT OF RELIEF 1. Within seven days from the date of this decision, NIRI shall revise the Plans to show the height of the buildings and structures from a) ground level; and b) mean sea level. 2. NMI 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 con�trued as authorizing an increase in the capacity of the plant beyond the currently permitted capacity. 4. Th�is 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 IH 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 successon REOUVEC �Oyi3E BRADS'O* TOWs CLERK 5 14011TH �HOOVER 17 .-1 -n -11 P^ J j. j.. i 1 1.3 6. Prior to the issuance of a building permit, final desil� n' �Pans lslalll be submitted to the Building Commissioner for determination as to whether the plans are in conformance with this decision. 7. The Plans as revised pursuant to Condition I shall be recorded in the Essex North Registry of Deeds at the time that this Variance Decision is recorded. 8. If NEU 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 NEU 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 By: ILI 1:\CLIENTS\NAN\ZBAVARiNAN ESSEX NORTH REGISTRY OF DEEDS LAWRENCE, MASS.. 42-2LJ�� A TRUE COPY: ATTEST: 7 46.) 61 ? REGISTER OF DM -6 ?,rsed from date of decision iflW .ii;:ng of a n wped- Dai� / V :7 Jc';c,, A. B.adshaiii ro�fr C I zer, ,ORT�j �Xl` *1 1A, 0 7 A �0 4. 02� Z J0 YC7 a Rl� AITEsm. Mrue copy v., W A j2 TowN — , �v L 1: NORTH Aho�) Y E.R SAC US TOWN OF NORTH ANDOVER MASSACHUSETTS Any appeal shall be riled BOARID OF APPEALS within ( 0) days afte the date cf riling of this notice in the office of the Town Clerk. NOTICE OF DECISION PROPERTY- 285 Holt Rd. NAME: Massachusetts Refusetech, Inc. :6/11/98 ADDRESS: 285 Holt Rd. PETITION: 023-98 North Andover, MA 01845_ — HEARING: 6/9/98 25 2 28 AITEsm. Mrue copy j2 Toilm cienk The Board of Appeals held a regular meeting on Tuesday evening, June 9, 1998 upon the application of Massachusetts Refusetech, Inc., 285 Holt Rd., North Andover, MA., under Section 10.4 of the Zoning Bylaw from determinations made by the Building Commissioner concerning the construction of air emissions control equipment and adjacent lime storage silos at a height that exceeds the maximum building and structural height limitations and the maintenance of an existing boiler building that was the subject of a variance issued on April 13, 1982. Applicant requests a determination that a building permit for the proposed air emissions control equipment and adjacent lime storage silos does not require a variance from the applicable height limitation in 1-2 District. The following members were present: William J. Sullivan, Robert Ford, Scott Karpinski, Ellen McIntyre, George Earley. The hearing was advertised in the Lawrence Tribune on 5/26//98 & 6/ by regular mail, 2/98 and all abutters were notified Upon a motion made by George Earley and seconded by Robert Ford thism Rnnrfl f A NOV 2 19,8 -,,,2:05 I U ppeals unanimously voted to make a positive determination that the petitioner does require a VARIANCE for height of proposed addition and/or modifications of existing buildings. It is the opinion of the Board that this facility (MRI) is not exempt from local zoning under Governmental immunity principles because MRI is itself neither a State nor a political subdivision of the State nor an agent of the State or any political subdivision in seeking the variance for the retrofit of the facility. Critical to this determination is the fact that when the facility was first proposed the Commonwealth represented that it would be subject to local zoning. Consistent with this representation, MRI applied for and obtained zoning variances, without ever claiming that it was immune from zoning. The Board also finds the zoning immunity under Massachusetts General Law, Chapter 40A., Section 9, isn't applicable because the height limitation and variance requirements were in place prior to 1987. Finally, the Board finds that the earlier variance was intended for the specific facilities as set forth in the plans that accompanied the earlier variance application and not the proposed additions and modifications. Voting in favor: William J. Sullivan, Robert Ford, Scott Karpinski, Ellen McIntyre, George Earley. decoct/15 BOARD O� PEALS William j.)Suilivan. Chairman Zoning B ard of Appeals ellnco /,/ n)A oa,, M I op X P 01 00 Tjq Z'. , + F. C.-. - . I ". '0 0 .'U. - I-; ' -, 0 L 0 Y C E Tow A N C L NORTH VER :Z.C. us 4UG US 44 :�:ar�sed from date of deci�;!O,­. TOWN OF NORTH ANOOVER ; '190 "; ' r -_ Date MASSACHUSE77S Joyce A. Bramlavi To�n Cict BOARD OF AFPE:ALS A Mme copy %b -.M Clerk BOARD OF APPEALS DECISION Massachusetts REFUSETECH. Inc. 235 Holt Road North Andover. MA 0 1345 DECISION Petition #023-98 71c Board of Appeals held a public hearing on Tuesday evening May 19. 1993. and continued that public hearing o ' n June 9, 1998 and to Julv 14, 1998, and Au, -'Mt 11, 1993'to consider the application of Massachusetts REFUS==CH. Inc. requesting an Earth Removal Permit with respect to premises at 235 Holt Rd., North Andover. Mass 0 1345. 7lie following conditions apply: I - 'nie 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 containment. silt fences. hav bales, seeding, etc.). 4. The soils will be re -utilized on-site for backfilling foundations and rc-grading construction area contours. If e_xcavated soils are sent off-site. thev will be tested and managed in accordance with the applicable regulatory standards. 6. That all movement of soil is in accordancevOth the Dust Control Plan (as attached) dated July 29, 1998, for Mass RET-7JSETECH. Inc., by "EMCON" of 3 Riverside Drive. Andover, Tv'[A 0 18 1 . 0. . 7. The quantity requested of e=th removal to be no more than 3.000 yards (well below the 5.000 vard limit). The following members were present throughout the public hearing, and voted to ggant the requested Earth Removal Pernuit. Chairman William J. Suillivan. VicC-Chainnan Walter F. Soule. kobert Ford. Ellen IvIcintyre. and George Earlev. WMiam 1. Sullivan Zor�ng Board of Appeals attachment/ mi/soii F i - I I L' 5 1 162142`7 P 6 "� 30 E) 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 0 1810-1121 Project 86458-001.000 --- Task 00006 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-andvri -j:\86458001.000\final\061ocal\dust2.doc-96\dstoehre: I ii -T!, K -D .- I 1-1 2-1 2-1 2-1 2-2 2-2 3-1 3-1 3-1 3-1 L11% %.'Li -f i I 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-andvr] -J:\86458001 .000\final\061ocaMust2.doc-95\dstoehre: 1 86458-001.000--- Task 00006 Rev. 0, 8/13/98 r 2 CONTROL REQUIREMENTS 2.1 General L K s. d.. 1, 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 level the site during original construction. Therefore, most of the excavated soil is expected to be L suitable for backfilling of excavations for the Emissions Control Project. Excess material not F utilized for fill will be temporarily stockpiled on site and utilized for regrading and contouring of the site. The area adjacent to (north oo 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 ; L.L 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 ene-andvr I -j:\86458001.000\final\061ocal\dust2.doc-95\dstochre: I Rev. 0, 8/13/98 86458-001.000--- Task 00006 2-1 F- r - P C. 7 i -i i 1.2. --, U and/or hay bales) will be installed and maintained to separate ongoing ash handling operations from construction activities. 2.3 Schedule Passive erosion and dust control structures, sdch 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 minimize potential dust or erosion conditions. 2.4 Applicability The requirements of the plan shall be enforced by �M 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. ene-andvr I -j:\86458001.000\final\061c>caMust2.doc-95\dstoehre: I Rev. 0, 8/13/98 86458-001.000--- Task 00006 2-2 L F_ 3 CONTROL TECHNIQUES 3.1 General C7 e'� -n "I J 12 Dust and erosion control measures shall be implemented to prevent wind and water erosion to so] I 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, hayb es, mulching, vegetating, al 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. 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 possible in any areas designated for landscaping. Liquid palliatives and penetrating asphaltic materials will not be permitted as a method for dust 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 �M. lt is anticipated that water sprays will be the primary means of controlling dust during active construction activities. Tarps or other suitable cover materials will, however, be pla�ced on ulr��inactive soil stockpiles within seven days of establishing the stockpile, or soon if'feq 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 NM. enc-andvrl -j:\86458001.000\final\06]ocal\dust2.doc-95\dstoehre: I Rev. 0, 8/13/98 86458-001.000--- Task 00006 3-1 D1 .1 C7 171 in �_j F1,0W 4" VERTICAL FACE 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 Emcon) 1 D MF DVVN S APPR RE V PROJECT NO. 864J58-001.000 POLE ,-NETTING BACKED FILTER FABRIC -BACKrILL WATER FLOW DIRECTION Fa— _! NATIVE SOIL 'E DETAILS Drawing No. 86458-00i.008 Rev 0 MASSACHUSETTS REFUSETECH, INC. NORTH ANDOVER, MASSACHUSE17S STAKE HAY BALES AND SILT FENCE DETAILS ESSEX NORTH REGISTRY OF D S S LAWRENCE, MASS. A TRUE Copy.� ATTES Tj: 110 - REGISTER OF DM EME—ANDVR2/DATA.- N:\DWr.\B"Ool\000\ANSHF-02.dg xrots: ANSMOI 1.00 DImSmie: 1 0 1.00 Date: 1/16/98 Time: 1:22 PM OPerator ACADONE (m in :3 m 0 0 lw LP4 o rn rrl N. m co 0 gz 0 W 0 0 A 03 m z 0 go 0.1 (2 co CA G) 0 U) owl 0 0 :0 0 . .. ....... .......... .. . ... ...... ! . . ........ . ....... ........ ............ f%) --1 (4 0 0 r-jo o a 0 ROOZrn > z8z5;0 =1 f ;� ;o c m ompmm;o Z;o W CA , 0 ;mv c z o a z (n, a a) OT z m 2 m;o > Z.:� rl� Z -00 Z a Fn- r -:=l K 0 M Z z 0 U) > r1i i C- n, U-1111 >< z n o z 0 m 0 T U) X m m U) G) X 0 0 -n n 0 00A C/) ;o -4 ot m 0 ;o OCE 46 CO -I >0> 0 -< p ;> v 0 a cn � z 0 C13 0 m X co c z 0 rri X CA z I I Q� C�) I SON 0 Q) bD ,TV. w Cd 0 m 00 Q) 4-1 :J :J bn P w H x a) a) 0� z 0 --i Q) < 0 bjO -0 cd CH -P �Q Cd 0 x W 00 4-) Lo cf) w w H 4-) cd 00 M 0 (A w z r-4 0 cd Cd .H C/) sn' 2 xi CY) C/) 0 U H 0:3 00 r� 0 Lf) +-) t - 4-3 H C� W 1 0 0) co 00 0 op -j <4 t- p . H 4--) 00 co 00 1 L- 4-) L� cli 00 0 C, (a) 0 �: W H LO L -- 5 0 z N 2 C'- H CO 6 Cd m zo, 0 7, 4- C) 0 u a) bO 14, 9 vs U) IS 9 9 E 0 i Cd 0 -P x cd d I 0 Q) bD ,TV. w Cd 0 m 00 Q) 4-1 :J :J bn P w H x a) a) 0� z 0 --i Q) < 0 -0 cd CH -P �Q Cd 0 CIO x - -H -- w w --- 4-) cd 00 M 0 w z 0 cd .H C/) sn' 2 xi a) C/) 0 U H 4--) r� 0 0 Q) bD ,TV. w Cd 0 m 00 Q) 4-1 :J :J bn P w H x a) a) 0� z 0 �4 0 LIF CLd --i Q) < 0 -0 cd CH -P �Q Cd 0 CIO x - -H -- w w --- 4-) cd 00 M 0 w :2 0 cd .H C/) sn' xi a) C/) 0 U H 4--) r� 0 0 +-) -H 4-3 Cd z 0 1 0) 00 0 00 -j oo t- p C) cd 4--) co 00 1 L- �:l L� cli 00 0 C, (a) 0 �: 0 C4 LO L -- 5 0 z N 2 C'- H CO 6 8 m zo, 0 7, C) 0 u 14, 9 vs oz, IS 9 9 E 0 i Cd �4 0 LIF CLd cd z Ak V3 0 z Cd OZ 0 0 C7-) 0 11-1 < 0 0 0 CIO s 4-) M 0 .H C/) sn' C/) 0 U H 4--) r� 0 0 +-) -H m Cd > 1 0) 00 t- -j oo t- p 4--) co 00 1 L- �:l L� cli 00 0 LO L -- I N H CO 0 r -i 0 Cd r-1 b.0 4-) 0 0 9i Q) Z -H 0 to �-q 4-) 0 0 NO -ri 0) -H r -i m I- t- cd bjO o 0 0 w < 0 0 4--) Cd 4--) LO Z Cd 4-) H p Q cy) 0'*' 0 a) +-) NO �o 04 co r -i z Cd LO 0 0 pq r -i 00 co 0 Cd LO 'Ci >) (a 00 V) LO w Cd N m 0 zo 0, 00 tEi cq z Z, CY) I " z 0 6 z w < z u 9 0 co CIO 0 cd z Ak V3 0 z Cd OZ 0 0 C7-) 0 11-1 < 0 0 CIO s M 0 .H C/) sn' C/) cd z Ak V3 0 z Cd OZ 0 0 C7-) 0 0 H Cd ro w PL4 11-1 < 0 CIO s M 0 .H C/) sn' C/) H 4--) r� 0 0 +-) -H m Cd > 1 0) 00 t- -j oo t- p 4--) co 00 1 L- �:l L� cli 00 0 LO L -- I N H CO 0 0 H Cd ro w PL4 < 0 CIO s < The Commonwealth of Massachusefts Department of Industrial Accidents flffleff efloyestIff2aaffs 600 Washington Street Boston, Mass. 02111 Workers' Compensation Insurance Affidavit I 1111MEMPHOMMEMMM M narric* Massachusetts REFUSETECH Inc. attn: JAMES P. MCIVER location: 285 Holt Road Ci[Y North Andover, MA 01845 12hone #979-688-9011 I am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity I arn an employer providing workers' compensation for my employees working on this job. —Wli-de'labrator A:ir' To*llutibn-�:, ont-rol 44-1. Smithfield Street . ..... address: ... ... city- Pittsburgh, PA 15222 phone#- 412-562-7177 Voijay WAD15158-2*- :&�M: '01:101/00 rznce cc, Reliance National Indemnft-:Z I am a -sole proprietor, general contractor, or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation polices: Construction Manager Subcontractors will be selected later, ........ . .... WAPC will secure insurance certificates from all subco�iractors gddress-� prior to start of work. phone N- . ............... city:- ... ....................... . .......... X.: .......................... . ........ ... .... ... .. . ..... ... . ...... ........ ......... 2ddrcm: cim. phone 9, oN c -,r �f Failure to secure coverage as required underScction 25A ofiVIGL 152 can lead to the imposition o(criminal penalties of& fine up to S1,500.00 and/or out years' imprisonment as Well 25 Civil penalties in the form ofa STOP WORK ORDER and a fine of S100.00 a day against MC- I understand that Z copy of this st2temcat may be forwarded to the Office of Investigations of the DIA for coverage verification . . I do hereby cenify under the pains and penalties ofperjury that the information provided above is'lrue and correct. I Signarure—w�-L�- ---Date Print name William A. Pifer Phone# 41*2-562-7177 official use only do not write in this area to be completed by city or town official city or town: permit/license rIBuilding Department (3 Licensing Board C3 check if immediate response is required C]Sclectmcn's Office C]Hc2lth Department CGn(2Ct person: phone 9: f-10ther (r�uad 3/95 PIA) I C In 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. ' **** 1 A* ***********APPLICANT FILLS OUT THIS SECTION'" � *% - * ** - APPLICANT. Massachusetts REFUSETECH INC. P HONE 978-688-9011 LOCATION: Azsessor's Map Number 34 PARCEL21 SUBDIVISION n/a LOT (S) n/a STREET Holt Road 285 ST. NUMBER **'*�OFFICIAL USE ONLY***%#x*%*-**.A*** D 10 OF OWN AGENTS: 7:71 CONSERVATION ADMINI!iTRATOR COMMENTS DATEAPPROVED 4111 17 DATE- REJECTED ;F'OWN PLANNER DATEA�PPROVED DATE REJECTED COMMENTS cd/t kc- V ( �- (o�l �� FOOD INSPECTOR -HEALTH DATEAPPROVED ,�z�i� DATE REJECTED SEPTIC INSPECTOR -HEALTH COMMENTS DATE -APPROVED_ DATE REJECTED t I A PUBLIC WORKS - SEWER/WATER CONNECTIONS— KI /A vf 2! — I Z —�ql DRIVEWAY PERMIT z - I z - 4ig- FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR Ir ivED FEB 10 1999 - BUILDING DEPT.- FEB -16-1999 11:56 BERNSTEIN,CUSHNER&KIMMELL BERNSTEIN, CUSHNER & KIMMELL P.C. ATrORNEYS AT LAW 7420170 P.02 ONE COURT STREET, SUITE 700 BOSTON, MASSACHUSETTS 02108 VoiCO(617)742-4340 Facaimile(617)742-0170 E-maji:bckboston@bck.com www.bck.com Jeffrey M. Bernstein Stuey L. C"hner Kenneth L. K*mmell' EHsabcth C. Goodman Charles Harak Crisfin L. Rodduss; — Erin M. O'Toole Alm AdRb'Md la Pmedee In capfwft Aiso Admkwd to Pmcdce Irs Now York wW DWW�r of Cohmibla ALM Adrdftd to PfWdm in Canr4ofiw CONMENI= "D PRIVILWED ATTORMUICUENT COMMUNWAIWN To: Bob Mica%, Ka*lm Colwell From: Kenne& L. Kimmell Daw Feb9my 16, 1"9 ft: ME building. permit for ash storage fuility westem Manachusetts Office: 20 BANK ROW, SUITE 200 PITTSFIELD, MASSACHUSETTS 01201 (413)442-3773 Facsimile (413) 442-3774 E-mail; bckberkGbckcom I hwe zovwvmd a memo from Ka&lm ColwX dated Febnkuy 12, 1999 and daeussed it with Bob brumm and Kaddeen. Her memo listed eight items that must be completed belbre a hilding permit is imied to MR1 for the ash Map Aed. Aft discussion, however, it was -agreed dot some of ftm items do no need to be done at the present time- Spedfically, items 1-3 wl= to the designated truck route. That maner is currently on hold pending resolutm of *e litigation with the City of Haverhill. Also, items 7 and 8, which deal with te recording of the site p1m approval and prwf of the resolution of the lawsuit, are notyet ready to be completed. As this permit is for the ash AW only, it was agreed that items 7 and 8 need not be completed in order for the building permit to be issued. I understand dw Bob Ificetta. may issue a &partial . to bw that makm it clear that hm is proceedi�g at its own risk. Pleme do not hesitak to contwt me. recycled p4wr REFCC/1 0- VED IEB 17 199.q BUILDING DEp-r TOTAL P.02 0 00 0 z K (1) K m Cl) 0 z 0 z I I I E E 310 CMR 10.99 Fcrrn Commonwealth of massachuserts 16� 258 Holt Road POSITIVE Determination af Applicability -1, §40 Massachusetts Wetlands Protectiari Act, G.L. c. 1 -.1 �j (ro tw Crowded bY OEF) r,ly,Town North Andover Look Kass Refusetech, Inc.. 211-9/98 NORTH ANDOVER CONSERVATION COKKISSION Issuing Aut�.Onty To Mass Refusetech, Inc. Commonwealth of MA 11 (Nameof nerson making request) (Name of prooeny o wrior) Address 258 Holt Zoad AddreSS Tills deterTninaticn is izzued and delivered as tollowS: 'date) 0 by hand defivery to cerson making request on XX—X by certified mail. return receipt reques:ed on March 5, 1998 (.dare) Pursuant to the authoritY of G.L c. 1:31, §40. the No ch Andover Conservatio has considered y0* ur recuest, for a Oetermination of Acolicability and its sucocning documentallon. andha* mace Ine tcliowing determinaticri (c�reck whichever is ar.QIiczcIe1,: Lccaticn: Street Address 258 Holt Road L.ot Number: . a dpscribed in your recuest. is ;�n The area descnbea below, which incluces ail/=r� Of '�he a"e Area Subjec: to PtcEec*icn Under the Act. Theretore. any (Lmoving, filling, drecoincl or altering of ulat area requires the filing of a Notice Of Intenc. Plan entitled "Site Topography & Wer -land Delineation" Drawing #1 prepared by Emcon daced.12/9/97. 2.- 1-7 The work cesvibed teiow, which inC!L0eS . all,';;arl of trie work desc"bed in your recuest. is wit"lin an Area Sutlec—tc Protecdon Under the Ac, and -Niii remove, or'atter that area. T�--ere- fore. said worx recuires Me Ming of a'Notice of lnte"(. F-Hactive 11/101E9 Z-1 r MAR 1 2 1998 EN! ED m > Town of North Andover 14ORTh OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street Nor0a Andover, NWsachusetts 0 184:�__. 44roo w SACHU WH.LTAM J. SCOTT Director July 29, 1998 Mr. Richard Rowen, Chairman North Andover Planning Board 120 Main Street North Andover, MA 0 1845 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 N41U retrofit and to make a report to the BoardsMth 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 BOARD OF APPEALS 688-9541 BMDING 688-9545 CONSERVATION 688-9530 BEALTH 688-9540 PLANNING 688-9535 I July -29, 1998 page - 2 - Planning Board formally designate the Route 495/Route 125 connector- a's 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. GO:gb cc: Robert Halpin, Town Mgr. Francis MacNfillan John Rizza Ken Kimmell David Minott Sincerely, f �Oo d�,Cth a Vir m a �n Ga on sgo North Andover Board of Health N 00 n z > z o > a .OR rm 0 1 . "'.3 .. . I + 0. J 0 Y C E ToW N RTH 0 A H C..;' uVER SAC �USO AUG 44 138 TOWN OF NORTH ANDOVER MASSAC�4USETI'S BOARID OF APPEEALS BOARD OF APPEALS DECISION Massachusetts REFUSETECH, Inc. 285 Holt Road North Andover. MA 0 1345 DECISION Petition 9023-98 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 14, 1998, and August I L 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 0 1845. The following conditions apply: I . The soils to be excavated are corryprised of original site soils plus clean structural fill. 2. The excavation materW will be stockpiled on-site, not trucked off-site. 3. While stored on-site. measures will be taken to prevent wind andwater erosion of the stockpile (e.g.; containment, silt fences, hay bales, seeding, etc.). i 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 "EMCON" of 3 Riverside Drive. Andover, MA 0 13 10. 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 1. SuIllivan, Vice -Chairman Walter F. Soule, Robert Ford, Ellen McIntyre. and George Earley. Wil.liam 1. Suilivan Zoning Board of Appeals attachment/ ml/soil L =* dw-t bvanv (C -, �Oyw AN jm�, VZ_ BOARD OF APPEALS DECISION Tom Clerk L.C—; R E C rE - *%i -- C JOYCE 0PAU-r._,iAW TOWN CLEIK NORTH ANDOYER ! . !.; I Z9 Q :111 NY '148 Massachusetts REFUSETECI-L inc. 285 Holt Road DECISION North Andover, MA, 0 194 5 Petition #4Za-_q.O ATTFZD. ATMO COPY Ar.as&�� Town Clerk The Board. of Appeals held a public hearing 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 VAR.IANCE fi-om Secticn 7.4 of the Zoning Bylaw to allow the height limitations of the.Zoning Bylaw to be exceeded; (2) a MIXOR 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 DETERAMATION under Section 8.1.5 of the Zoning Bylaw that the proposed number of off-street parking spaces at 28S 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 McTntyre, and George Early, Notice of the public hearing was advertised in the North Andover Citizen on April 28 and May 5, 1998, posted, and rnaUed 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 Massachusetts REFUSETECH, Lic, (11MR1") owns and operates an existing resource recovety 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 faciliLy meets the municipal solid waste disposal needs of the NESWC communities. The facility also serves private waste haulers on a contract basis. 3. T'he facility was constructed in the early 1980s. As part of the construction plannilig process, MRI sought a variance s6 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 approximatcly 102 feet above the height of the tipping floor (equivalent to 117.5 feet above gradej C1992 vu�,qace"). Al built, the height of the existing boiler building is 106.5 feet above the clevation of the 08/19/98 WED 11: 3 8 1TX/RX NO 519.91 RE CrE N D JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER J11L. BOARD OF APPEALS DECISION Massachusetts REFUSETECI-L Inc. 285 Holt Road DECISION North Andover, MA 0 1845 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 REFUSETE&L 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 Byla�y 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 DETERMINAnON 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 pubfic hearing, and voted on the requested zoning relief - Chairman William Sullivan, Vice-Chaitman: Walter Soule, Robert Ford, Ellen McIntyre, and Geor'ge Early. Notice of the public hearing vAs 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. FE14DINGS 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. 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 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 RE CE- iVED JOYCE BRADSHAW TOWN CLERK 2 NORTH ANDOVER 'Xetipping floor (equivalent to 122 feet above grade) The Bo�l � ?Ads I lk4 e dance 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 h eight 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 1�ter 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 N6. 86458-001-003 Rev. 1; 2) Lime Preparation Retrofit, General Arrangement Elevation is , 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.") 7. As a result of design requirements,� th6 SDA's must be 110 feet above grade, while the lime storage silos must be 88 f6al 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 1-2 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 171 0 - RECEiVEO JOYCE BRADSHAW TOWN CLERK 3 NORTH ANDOVER been minimized to the extent practicable by providing two one'Nagsize'?sA O*AQ � 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 MR1 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. Ile 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 Se�cretary 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 p�xking 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 RELI]EF Based on the findings set forth above, the Board concludes that NM 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, io�'CC BRA SHAW TOWN CLERK 4 NORTH ANDOVER special purpose buildings and equipment which comprika- re&�Oec'Nery 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 win 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 *of 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 requesied modification of the 1982 variance to allow for the existing building to be 106.5 feet above the tipping floor, subject to cbndition 9 below. Finally, the Board determines that the'proposed increase in off-street parldng spaces from 52 to 56 will be adequate to accommodlite the parldrig needs generated by the facility. CONDMONS TO GRANT OF RELIEEF 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. I�M 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 con�trued 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 I[I documents referenced in a letter dated July 2, 1998 from David Spencer to Steven I Comen and Michael T. Gass, attached hereto and incorporated by reference herein, as they may be amended by David Spencer or his successor. I I REGQVE�� W 3011, 1 RADSO rows CLERY, Orti" ANDOVER 6. Prior to the issuance of a building permit, final desiA �Lslslail besubmitted to the Building Commissioner for determination as to whether the plans are in conformance with this decision. 7. The Plans as revised pursuant to Condition I 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.:i . 9. -MRI shall prepare and submit to the Board plans showing the e!xisting 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. MCLIENTSWANMAVARNAN North Andover Board of Appeals r t fl i By: J z z z G) (33 0 0 Town of North Andover I .0 OFFICE OF 0 0 COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 0 1845 rMLLAM 1. SCOrr Lj Director NOTICE OF DECISION 11 I I I I I I I in I 11 I I I I I 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. Premises affected 285 Holt Road 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 followl i ng conditions: Signed ku\�dA CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant E ngineer 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) 6M9540 - PLANNING - (978) 688-9535 *BUILDING OFFICE - (978) 688-9545 * *ZONING BOARD OF APPEALS - (978) 688-9541 * *146 MAIN STREET C-> CD C> C" Date August 19�, 1998 Date of Hearing -- June 16, 1998, J&L-Zy �§98 August. 4,- 1998, A st 18, 1998 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 followl i ng conditions: Signed ku\�dA CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant E ngineer 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) 6M9540 - PLANNING - (978) 688-9535 *BUILDING OFFICE - (978) 688-9545 * *ZONING BOARD OF APPEALS - (978) 688-9541 * *146 MAIN STREET Town of North Andover Of "ORT�j A0, OFFICE OF 0 COMMUNITY DEVELOPMENT AND SERVICES 384 Osgood Street 0 North Andover, Massachusetts 0 1845 .LIAM I. SCOTT Director August 25, 1998 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 0 1845 Re: Special Permit/Site Plan Review 285 Holt Road Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday everning, 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 0 1845 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 interest were duly notified. The following members were present: Richard S. Rowen, Chairman, Alison 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 perrruit to allow the construction of a 21,493 SF of new gross floor area and is in the (1-2) 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 Marty 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 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%. Jim Conn--olly of Emcon, stated that they have 52 parking spaces and they presently have only 3 5 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 1-2 zoning district and the use is allowed. The project is consistent with the ToVM''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. W 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. 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. Nardefla 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 becausewe thought your consultant would not have time to respond. Mr. Rowen stated that he has put together a Est of things that he would like 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. I The 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. NdRIhas 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 regulations if run properly. Mr. Nardella asked what ARI'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. I& 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. Minott 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 studies. Mr. Minott stated no. Mr. Simons asked if it was possible to show disparities with I 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. Mr. 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. ha7.q dous. 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 ascertaimi 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 NIRI 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. 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 their concerns with Mr. Minott's report. Mr. Rowen stated that the Planning Board asked the Board of Health to review the report. Mr. Reiner stated that this Board has responsibilities to listen to the public's concerns. Mr. Simon stated that he would like to hear the criticism. Mr. Rowen stated that we deliberately had several meetings and determined that the best forum would be 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 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 be happy to sit here until midnight to listen to the people but, she is basing her decision on the information provided by the experts hired to review the project. Mr. Mahoney stated that he is ftilly aware of the Friends for the Environment and. he sat at the Zoning Board of Appeals meeting for three hours. Mr. Mahoney stated that he accepts the comments of Town Council and he is not willing to stay here all night. His position is that we're beyond where we should be. I Joan Kulash stated that there was not a series of public hearings held by the Board of Health. There 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 NGJ 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. Fornier 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 NEU. Ms. Kulash read over her comments on ash. Ms. Kulash stated that she asked the Board to use their common sense, that if NEU 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. Minotts 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 MPJ'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 modem 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 f6r 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. I David UrTy 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 Derrruit 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. 125. A resident asked who will be enforcing these trucks. Mr. Rowen stated that these haulers have contracts with NEU 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. 495. Steve Ambrose was present to speak on the noise study he prepared. Mr. Ambrose stated that he 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 I OdB. 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 NSI 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. U 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 Kinimell 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. E 11 Mr. Rowen stated that he would like to add in the decision that the trucks are to take Rt. 495 per trucks routes established by the Board of Health. Jim McIver the plant manager, stated that the ash contracts will go out to bid. I 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 rn�issed 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 stated 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. W. 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. W. 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 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 3d buffet on the last page of.the letter dated July 31, 1998. Mr. Kimmell Stated that he would. Ms. Lescarbeau asked if we have incorporated a 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 NEU is stepping up 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. 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 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 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 stated1hat he would like to speak. Mr. Nardefla asked if there is a guideline that Wheelabrator suggests for shutting down the plant in case of CEM equipment failure. Marty 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 zombusters 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 Kir=eU 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 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 wa - s 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 like to add in "The air quality consultant retained by the Town shall specifically investigate and address the extent to which NfPd'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 NIRI 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 hoursand 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 extra tests for a year and then if the tests come back O.K. they can do away with the extra. Mr. I anyway. Ms. Lescarbeau went over DiSalvo stated that our tax dollars are paying for the tests 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 riference the plans and the reports that were submitted. Mr. Rowen stated that there will be five voting members. Mr. Angles, Ms. 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 untiI 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 by 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 Mr. Mahoney abstained Mr. Mah I oney 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 d all three hours at a ZBA meeting listening to your issues. Mr. Mahoney state that he is tot y 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 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. Attached are the conditions. incerely, Richard S. Rowen, Chairman North Andover Planning Board E k�' U1 I SITE PLAN APPROVAL/SPECIAL PERMIT MASSACHUSETTS REFUSETECH, INC. 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. ("MR1"). The locus of this incinerator is 285 Holt Road, Assessors Map 34, Lot 2 1. The land is owned by the Commonwealth of Massachusetts, and has been leased to MRI. MRI applied for a Special Pern-lit/Site Plan Approval on or about Ma ' y 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 powder ' ed activated carbon injection systen-4 and natural gas-fired auxiliary burners. The project also *involves enclosing the existing ash storage shed to better control potential fugitive emissions from I he ash pile. 1h The Planning Board held a duly noticed public hearing on the project on June 16 , 1998, and continued that hearing to August 4", 1998. The Planning Board closed Ithe public hearing on August 4h, 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 PI g Board also received independent expert analyses from the following individuals: 1) D . d . otatil, of Alternative 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 pre:sented a written report and oral testimony regarding noise impacts; and 3) Paul Hajec of Haj6c Associates, who presented a written report and oral testimony regarding traffic impacts. While this application 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 these public meetings, the Board of Health voted unanimously to inform the Planning Board 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. I 1 . 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. 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 NIRI 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 mininial 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 0 peration 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, ME has appropriately addressed these additional demands in its application. I 5. 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 in lower emissions of pollutants, thereby providing a healthier and safer environment for the residents of North Andover, compared to existin� g conditions. 6. MRI has submitted all information required by Section 8.3.5 of the Zoning Bylaw. 7. The Planning Board further finds that the Project should satisfy all relevant review 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 he'reby grants an approval to NIRI 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"). 2 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 NfRI, and in all renewals of existing contracts between MPU, and municipal solid waste haulers, ash haulers, and metals haulers (collectively referred to as "Nm Contract Haulers") requiring such haulers to use the Designated Route, and any applicable truck route regulations that may be issued by the Board of Health. This condition will apply to all contracts that NM 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 incorp orate 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 the 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 MRI Contract Haulers to comply with any applicable truck route regulations that may be issued 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 copies of such warnings to the Town Manager. f) Within thirty days of the date of filing of this decision with the Town Clerk, 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 Town Manager. I I I g) MRI shall propose and f'und 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 fLmd center and shoulder -fine painting along Holt Road between Route 125 and the MRI facility, subject to approval and implementation by the North Andover 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 I Andover Department of Public Works no later than October 31, 199 ' 8, and shall make best efforts to ensure that the conditions g, h, and i are implemented no later than March 1,1999.1 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 from 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 time -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. '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. 4 a b) The specific continuous monitoring data to be made publicly available is as follows: i) Most Recent CoMphance Data: The latest monitored emissions and operating levels, compared with permit limits (graphical format), specifically: (1) Summaries of time periods during which each continuous monitoring system was malfiinctioning while the facility was operational, as "operationar, 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. E (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-niinute 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 n I ot subject to continuous emissions monitoring data, the latest test results. M� shall test quarterly for dioxirL 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 Emits. ii) Summaries of Historical CoWHance 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 o f 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 malfiinctioning while the facility was operational, as "operationar, 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. E 9 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. 0 3) Solid Waste Monitoring a) Inspection for Ash Dusting. The Board of Health and its Agents shall have the right to periodic unannounced inspections for the purpose of determining whether ash -handling, storage, 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 ftirther 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" (TI & 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 combustor unit(s), until the temperature criterion is met. I a During waste combustion, furnace gas temperature measured at Elevation 125'- 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 ftirther 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 aDsorber 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) 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. b) 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). Q5) Miscellaneous a) MRI shall not cornbust 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 I 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. Inordertoensure compliance with this condition, MRI shall perform ambient testing prior to operation of the Project, at Location 5 as referenced in a document entitled "Sound Level Evaluation III E - - 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 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. c) MRI shall comply with all applicable federal and state laws, regulations, and permit E 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 fundingair quality monitoring activities relating to the facility. MRI shall pay the lump sum of $25 000 on or fore January 2 of each year thereafter, and this obligation shall cease one year after the termination of the operation of the entire facility. MR1 shall provide financial security in d form acceptable to the Board, such as a proper 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 ab�ndoned 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 basis, and MRI shall notify the Town Manager when the financial se curity is established, and each time it is renewed. 0 Unless otherwise specified, the conditions herein shall be effective upon operation of the I 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 a successors, assignees, and transferees of MRI. h) 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 I a Planning Board reserves the right to revisit this issue after receiving reports from the air quality monitor. 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: i) Traffic Impact Assessment prepared by R. D. Vanasse & Assoc., Inc., 10 New England Business Center Drive, Suite 3 14, Andover, MA 0 18 10,1 prepared for EMCON, 3 Riverside Drive, Andover, MA 0 18 10, dated January 28, 1998, rev. August 3, 1998. 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. I ii) Air Quality Monitoring Report prepared by Earth Tech, 196 Baker Avenue, Concord, MA 0 1742, 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, 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, Windhan-4 ME 04062, prepared for the North Andover Planning Board, dated July 30, 1998. vii) Traffic Review prepared by Hajec Associates, 375 Common Street, Lawrence, MA 0 1840, prepared for the North Andover Planning Board, dated July 2, 1998. viii)' Plan titled: Massachusetts Refusetech Inc., 285 Holt Road, North Andover, MA Air Emission� Control System Retrofit General Arrg't Elevation, prepared by MA, dated 4/15/98, last 5/21/98 EMCON, Inc., Andover, rev. 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. I 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 10 Interoffice Memo Wheelabrator Air Pollution Control ALL A WMX Technologies Company Phone: 412.562.7177 441 Smithfield Street Fax: 412.594-7818 Pittsburgh, PA 15222 February 9, 1999 To: David Raymond From: W. Pifer l,'mA Subject Massachusetts REFUSETECH, Inc Phase I Construction The existing ash handling system at the Massachusetts REFUSETECH, In&.. facility is being expanded and modified as phase 1 of the air pollution control retrofit prcje�'Ct. The north and west walls of the existing ferrous metals bunker will be demolished with new push walls being built. This will then form the new bulk materials area blinker. The east push wall of the existing bulk materials bunker will be extended to' the South thus forming the new ferrous metals bunker. A new enclosure consisting of painted structural steel and FRP roofing and siding will be erected over and around both bunkers with the south side of the bunkers remaining open. All necessary demolition, new foundations and grade slabs will be provided as required for this work. Inside the existing Ash House/Conditioning Building, a new support structure will be erected for the existing Drum Magnet just to the west of its current location and the magnet will be relocated to the west. The existing Yard Transfer conveyor and its chutes in: this same building will also be modified such that this conveyor will feed metals to the Ferrous Metals Vibrating conveyor in its new location and ultimately to the new ferrous receiving bunker (new Ferrous Metals Day bunker). The push walls of the existing Bulk Materials Day bunker just north of the Ash House will be extended and enclosed along with a new Ferrous Metals Day bunker being constructed. The enclosure consisting of painted structural steel and coated metal roofing and siding will be provided for both of these new bunkers to match the existing building siding. David Raymond February 9, 1999 Page - 2 The ash conditioner in this same Ash House will be relocated such that it too will feed the I existing Ferrous Metals Stacking conveyor. Platforms will be erected around the relocated ash conditioner for access. Also included as part of this work will be any necessary electrical and piping installation/relocation work. I The following drawings are attached to further clarify the phase 1 scope: 09-27-MOOl rev. A Site Plan , I 09-27-MO30 rev. 1 Ash House G.A. Plan View 09-27-MO31 rev. 0 Ash House G.A. Sections 09-27-MO40 rev. 1 Ash Storage Encl. G.A. Plan 09-27-MO41 rev. 1 Ash Storage Encl. G.A. 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CESSPOOL NO YES SEPTIC TANK NO NATURE OF SERVICE: RdUTINE EMERGENCY OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLID CARRYOVER. SYSTEM PUMPED BY COMMENTS: CONTENTS TRANSFERRED TO FULL TO COVER BAFFLES IN LACE LEACHFIELD RUNBACK FLOODED . OTHER EXPLAIN TOWN OF NORTH ANDOvER SYSTEM PLWING RECORD DATE k --o v 0 SYSTEM OWNER & ADDRESS u's ate-,Xlel I-- AIIG�� SYSTEM LOCATION OF jT4 . Al DATE OF PUMPING. —QUANTITY PUMPED 1-5'04�6 CESSPOOL NO il-11 YES SEPTIC TANK NO— YES NATURE OF SERVICE: RdUTINE--,—/ EMERGENCY OBSERVATIONS-. GOOD CONDiTioN FULL TO COVER HEAVY GREASE BAFFLES IN LACE ROOTS — LEACHFIELD RUNBACK EXCESSIVE SOLIDS FLOODED SOLID CARRYOVEI�— OTHER EXPLAIN SYSTEM PUMPED BY -7 e 7f CON4MENTS: "r CONTENTS TRANSFERRED TO �! 2�0 �,&, �z �-EA-