HomeMy WebLinkAboutMiscellaneous - 285 HOLT ROAD 4/30/2018 (9)l
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 oth day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MRI facility be rerouted through the
City of Haverhill (the "special condition"). The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 1251Ward Hill Connector through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MR[)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 10/27/98 & 11/3/98.
Octr 27� Se 12: 34p
CITY SOLICITOR
Bradford Place (9781 372-0688 P.1
L�'
OCT
�';j "J 28 1998
,50ARD OF APPEA,�
CITY OF HAVERHILL
MASSACHUSETTS
October 28, 1998
via fa.x-
Zoning Board of Appeals
Town Office
120 Main Street
North Andover, MA 01.845
Re: . City o� Haverhill- Zoning Board of Appeals, North Andover
Gentlemen,
Please be'advised that a hearing is scheduled -for
Tuesday, November 10, 1998- The petitioner, the City of
Havehrill, hereby waives the time constraints and wishes
a continuance until your meeting of March 9, 1999.
Thank you very much.
Ver t ujy yours,
Ash N. Amirian
City Solicitor
145 South Main Street
p,O. Box 5038
Bradford, MA 01835
1-978-372-8531
ANA: ph
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10/27/98 13:37 TX/RX N0.2274 P.001 2
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
J J
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 01h day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MRI facility be rerouted through the
City of Haverhill (the "special condition"), The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 125/Ward Hill Connector through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
BY Order of the Board of Appeals,
William J. Sullivan, Chairman
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Rec eived by Town Clerk:
TOWN OF NORTH ANDOVER, M�;,SSACHUSZTTS
30ARD OF APPEALS
APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE
c/o Ashod N. Amirian, Esq.
Amplicarat The City of Haverhill- -Add=-ess P.O. Box 5038, Bradford, MA
:� "L�' Tel. No -978-372-8531 01835
171�9 Vell A/ /I X, /(?U 0 -
-�erezv mace:
a
a -n -r; 7a--1
e Z,
b) r a s -p e c a
cf: t1ae zonincz -=viaws.
As a Parzv
c, r r v I ew c, z a decis-lon mace
t -he 3:u-4-1d:.na 1-ns'pecr-or cr or -her
7. a) :--m�ses a: -,d
num-'�-ere-d
Premises af-fec�:ed are properz:y w-it:h frontage cn. tne
Scuch. Easz: Wes'z Side CT-
szree� Property witTi frontage on 285 Holt
Road, Nortn Andover; see attached Special Permit Site Plan Review
St--eec, an -d kr--cw--- as Nc and Findings Town of""'Andover
e e z Planning Board dated 8/25'
see attached Exhibit A.
Zon-"-C a -n -d 7-'e
r a m I s e s a:: f c e a nave a,-, a�ea c-.;:
C:
Same as number 2b above.
f 3
Qwners,nio:
--d address owner J'
J '�a: - cwners,�iJ -, a� -ve all
a),. Name a-- I t -
names): Commonwealth of Massachusetts, Department of
Environmentai Management, iuU Cambrid §�a�le�o5_ton ot�� 02202
4 flampt
(Massachusetts Refusetech, Inc., L! eRy NH 03842
e
Date c-1 Purchase NA_ Pr V� Ous Owner
b) i. 1-f appi-icant is not: owner, check his/her inter=__
i -n thec.,remises:
Prcs-eczive Purchaser
Lessee
2. L e z z- e r - cf; auzhcrizaticn Zf-Cr V_=r_�_=_nce/Scecial Pe --ml:
NA
zrc=cse'4.
Z: r s
a �=rox_�ma-_e date of erection:
0 0ccu=a1-_cv cr use of: each tL'locr:
c) Tvze of construcz-40n:
Has there been a crevicus appeal, under zon-ing, on these
7 ` 50, when?
prem-n-ses? NA
Descrintior. cf: relie-ff souchr- on this -jet-ition
see attached
7. Deed recorded in the Registri/ of -Deeds in Book - Pace
Land Court Certilffic_=te No. Sock Page
See attached said Law Su itmarked Exhibit B.
base mv acclic-=�--icn are as
1-ne zrinci=ai nc4nts u -con wj7jch 7
z
(mus: -'-e szazed I n a e z _= I
T z -Fee, adverz-'sina in, newszazer, ;Z -d
acree tic =av t. -e fJjl_, c
c id -_ n t: a e e n s e s
a r e c f 3 e z i z -':- c n =_ r �' s
CITY OF HAVERHILL
BY: ASHOD N. AMIRIAN, ESQUIRE, City Solicitor
145 So. Main St., P.O. Box 5038
Bradford, MA 01835 (1-978-372-8531)
6 cl� 8
6. Description of relief sought on this petition:
Petitioner requests that the Board of Appeals vacate those
conditions in the approval,which required specific routes
to be followed in connection 'with the operations of the
projects.
(The Permit granted by the Planning Board was based upon
a Special Condition that all trash trucks entering or
exiting the facility be rerouted through the City of Haverhill
(the "Special Condition"). �The Special Condition requires all
trash trucks entering the MRI facility to travel from Route 495
at�the Haverhill exit, to the Route 125/Ward Hill Connector
through Haverhill, to Route 125 South in Haverhill, --to Hold
Road in North Andover, and to follow the same route upon existing
MRI facility (the "Designated Route"). See Exhibit f3.
7. The principal points upon which I based my application are
as Follows:
The Site Plan Approval exceeded the authQrity of the Planning
Board under the North Andover Zoning By -Law in imposing
conditions mandating certain designated truck routes. Specific
facts regarding the -impact on the Petitioner are set forth
in the attached Complaint. (Essex Superior Court Action The
C . ity of Haverhill vs. The Town of North Andover, et cal.) See
Exhibit B.
DESCRIPTION OF VARIANCE REQUESTED
ZONING DISTRICT: Not Applicable
Required Setback Ex -4 s t ing Set -back Relief
or Area or Area Rec"uested
Lot Dimension
A-rea
Street Frontage
Front Set-loack
Side Set-'-;ack(s)
Rear Set -back
Smecial Pe --mit R'ecruest:
7 of 8
Rev 06.0.7. -GG
LIST OF PARTIES OF INTEREST PAGE I OF 2
Massachusetts Refusetech, Inc. 4 Liberty Lane, Hampton, NH 03842
SUBJECT PRO.PERTY
MAP PARCEL NAME ACORESS
34 21 Commonwealth of Massachusetts
100 Cambridge Street
Boston, Mass. 02202
Department of-Environmentil*Management
ASUT7ERS
MAP PARCEL' NAME ACORESS
P.O. Box -±2-5 5
34 17 Lucent Technologies Property Tax
Group Morrison, N.J.
O�962-i259
—
34 18 Commonwealth of Massachusetts.
34 22 Commonwealth of Massachusetts
19t?Y F loor
100 Cambridge Street
Boston, M57`ss-.-0zzVz-
19th Fl-a.ei
100 Cambridge Street
Bcstnn, Mass. 02202
75 1 City of Lawrence-
City Hall
Lawrence-, MA 01840
78 1 Joseph & Judith Lewis, Truste'es
A8 Chestnut Street
North Andover, MA 01845
78 2 AEP Industries, Inc.
12b Phiii1ps Avenue
Attn: Tax Department
South Hackensack, N.J. 0/606
CERTIFIED BY� DATE
710E
ASSESSOR'S CFr-
jRRv. 06 C5.96
0 �) L '-)
Town of North Andoycr
OFna OF
COMMUNITY DEVELOPMENT AND SERVICES
384 Osgood Sqreec *49 —
�lorth Andcver, Mamchusetts 0 1841 $A Ui
WILLWV1 1. SCOTr
Director
August 25, 1998
Ms. Joyce Bradshaw
'rown Clerk
120 Main Street
No. Andover, NU 0 1845
Re4 Special permit/Site Plan Review 285 Holt Road
Dear Ms. Bradshaw; -
The Norih Andover Planning Board held a public hearing on Tuesday evening: June 16, 1998 at
7:3 0 p, m. in *.e Dep . artment of Public Work 384 Osgood Street on the application
a
RZ-r-USETECH, Ind. 295 14cit Road. North Andover, MA 018.45 for a special per�nit under
Section 81 (S . ite plan Review) of the North Andover Zoning Bylaw. The legal notice was
3, 1998 and all pFirties of,
properly advertised in the North Aiidover Citizen On MQY 2. and Jun
Richard, S. Rowen, Chairman,
interest were duly notified. The followm.a members were present.
Alison Lescarbeau, Vice Chairman, John Simons, Clark, Joseph Mahoney, Richard Nardella and
Alberto An- es, Associate M. ember. Kathleen Bradley Colwell, T own Planner was also absent.
'the petitionef was r . equrniLiLlg SP0691 permit to allow the construction of a 21,493 SF of new
gross floor area and is in the (1-2) Industrial -2 Zoning District.
Do scalise was presamt to represent 285 I -jolt Road. Mr, Rowen stated ' the Planning Boards
rn �s project meets with the Town's Zo.-ung, Bylaw. The iioard
role is to ascertain whether or not thi
ofit itseif. �& Rowen stated that the Board has hired an air
is not reviewing the met iLS of the retr Ith concerns should
quality consultant at tho applicanVs expense to review the technology. All hea
be brought up at Board of Health meetings. The Board Of Health willi inake a prc3entaticn to the
Board 0.,% August 4, 1998.
Attomey Marty Houl - Y gated that they r;,u&t meet the Clean, Air Xct 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 �ljng for biLe plIn revicw becaus-a thelnew SrOst
They Nvould like to start COn
.5truction in November and start
floor area,& S -eater than 2,000 SF
the engineering at thelbe;inzzli-110- Of July
Dave Raymond 5tated that th�, structure would stay the sa.rne. Mr. Raymond stated that this
ficant positive . impact. v,,,, Rayjaoad wem ovcr the PrOc.ss on the
project would have a sZm res, All . p.-oposed construction, vill be within the
-onsists of 14.6 ac
: I *1h tha Bo -f; SIT� C
)Ians Wit
-�ijt�dfdm Wdb
�L 'd - - - - - - -
I
The North Andover Planning Board held a regular meeting an August 4, 1998. The followinr,
a
members were present: Richard S. Rowen, Chairman, .4dison Lescarbeau, Vice Chairman, John
Simons, Clerk, Alberto Angles Associate Member, -Joseph Mahoney and Richard Nardella.
Kathleen Bradley Colwell, To;�� Planner was also present.
Mr. Rowen I 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 q7uantities expected -to
be released after the retrofit that these emissions will not pose a health threat to the citizens of
North Andover, David Miriott of ARI stated that after the upgrade this would meet EPA limits, it
meets the zoning bylaw and emissions will go down. Mr. Mnott stated that after the upgrade the
C, ' 'Yfinott stated that the total
stack emissions would meet State and Federal staiadards. Mr. I
exposure from 1985 - 2030 would not be significant. Mr. Minott stated that with the up * grade the
ash dust will be collected in a totally enclosed system and MM has proposed a scrubber that
would control the ash dust. MR1 has also incorporated a procedure to clean the ash off the tires.
Mr. Minott stated that this ash has been tested in labs and based on the testina at other
Vy"neelabrators it will come back OX Mr. Minott stated that they have made recommendations
for permit conditions. The Planning Board will ensure that the public has access to latest
a to display emissions data.
emissions data by requiring MM to install a computer at the library
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. N.6nott 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. Mir. Knott 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 monitorin-
plan, Mr. Nardeila questioned DEP's standards for mercury and how it sways away ftom EPA
standards, Ar. Knott went over DEP's standards, indicating that Mass. DEP had the strictest -in
the nation Iimit or, mercury. �&. Nardella asked if the upgrade will meet Massachusetts
standards. Mr. Minott stated that it would. Mr. Rowen stated that in the decision it Will need to
state that we will have unann - ounced visits. Mr. Simons asked what scientific methodology Mr.
Nfinott used to review the proposed design. Mr. Knott stated that he reviewed the data given to
him by both NM and the r mg latory agencies. He also stated that he did extensive interviewing,
Mr. NjAinott stated that he did not do independent health risks but, he did check the conclusions of
the consultants. Mr, Simons que5tioned the epidemiological. studies that were done, Mr. Knott
%4r, 'riott stated that
stated tha:, the studies done dealt with the issues of cancer and asthma. i &
those studies as described found no link between this waste energy Plant, and the observed rates or
the studied health pro I blerns. mr, N.Unott stated that he is not a doctor and he did not challenge
those studies. Mr. Nitinott stated that one last point is that DEP is conductirla a cornmutative
d existing site conditions DEP indicates that
Lmpact study and they are looking all the future an
total impact does not show significant risk. Mir. Simons asked if he was aware of any larger
t - disparities with
s,,udias. �vf-� 'J �
. minatt stated nio. Mir. .1-.1-nons asked if it was possible to show
E 71 37oaN-_,'�dis ? �i3kiaem wdoo:Ea e6, ii d3s
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. �&. Rowen stated that we don't want to
see a twenty four hour delay in reporting data, Mr. Nardella stated that they are proposing t%�elve
hours. Mr. Nardella asked if he were sittin-, on this Board what would you consider reasonable to
ask for. Mr. Hnott 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, W Knott stated that the issues are more, procedural problems. W
Angles asked if there are any now technologies that may be better fit for the MM plant. W
NXInott stated no, this upgrade would use the best equipment. Mr. Nifinott stated that with new
strict limits there isn't a mar& for further gain for the pollutants.
June 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 6.K. it is transported as
non-hamirdous. if tested bad it will be treated as hazardous. W 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 Weltmari
stated that the testing is to ascertain whether the toxins will leach out of the ash, Higher dioxin
levels have been shown because of incinerators. Leah Kettlesen stated that this report 13 highly
nz i3leading to the Board and the Board needs to be [coking at health issues. Ms. Kettlesen stated
that if ARI's telling the Board that MM is meeting health standards I don't think they're telling
what they are not meeting. Mr. Simon stated that he bas,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 rated that there are people in this room that would like to speak, At the Board of
Health meetings they let Mr. Vtinott 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 cleu we would only listen to the
concerns and was it, The Board of Health meeting wasn't there +o criticize the ARI report =d
the issue was studied for three months. Mr. Reiner stated that they had no opportunity to express
their concerns with W. INIinott's repart t. Mr. Rowen stated that the Planning Board asked the
Board of Health to rviiew the report. IvL-. 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 b�en several Board of Health meetings and this Board has no jurisdiction,
Ma, Lescarbeau stated that she's a member of the PI&nnin-a Board and not. a scientist. She would
be happy to sit here until nuidnight to 'listen to the people but, she is basing her decision on the
informatio'n provided by the exper-ts hired to review the project., Mr. Mahoney stated that he is
fully aware of the Friends for the Environment and he sat at the Zoning Board of Appeals meeting
for three hours. Mr. Mahoney stated that he accepts the comments or^ToNvn Council and he is not
williri,g to stay hle,re all mi.-�t- Ris position is that we're beyond where we should be.
370dADUIS 'S a3H�I��M W(�TO:CO 36--, ST d3S
loan Kulash stated that there was not a series of public hearings held by the Board of Health.
There were two =CtIaS3 hosted by = and there were no opportunities to speak. Ms. Kula3h
stated that she asked to have Betsy Conte of Haverhill state that she wrote a later to the Board of
Health and never got a response. Md. Conte stated that they are downstream getting the smoke.
Ms. Conte questioned if they have hired an envirann, ental lawyer. Mr. Simon stated that he is
willing to listen to the science. Fred Glorin asked other than MRI where did you get your
information. Mr. Minott stated that he got it from Massachusetts DEP and fi Nen years of
experience workin- with these facilities. Fred Glarin stated that their statistical information was
fro m, DEP that was submitted from jNM, was there independent study? Thea Forriler stated that
. she is an environmentalist speaking in terms of scientific datta. If you had a farnfly 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 untU the data wRs suhrrittpd herson woulA
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. loan Ku!ash stated that Mr. Knott is not an epidemi'alogist and he does not
have the backgroundto say that this' is not a health issue. Ms. Kulash read from Mr. Minotts
report. Ms. KulRsh siated tNt he did nnt mention the permits for dioxin znd that Ws incinerator
has the highest mercury. He seems to be poo poohing the violations for NOU. Ms. Kulash read
uver her cuimuents an ash. TY3. Kulash stated that she asked the Board to u3c thoir common
sense, that if NEU is sayin- this ash is 01. Ms. Kulash stated that the EPA says that Dioxin i3 a
known human toxinigen, ?As. Kulash stated that we can't afford to make a mistake once because
there. iq a Int 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. rnercurylinft Mr. Minott
stated that lie looked at the data from one or two ofthe other plants.
Mr. Nardella asked if the testing for mercury would be done every nine months. Mr. Ainott
stated yes. every rine months. )&. Rowan stated that he understood about the problems that the
residents are concerned zbout but, Mr. NEnotts task was to find out if this plant would tneet the
Federal exid Statc, requiramants for permits. �&. Rowan stated.that he wants a monitoring plan
and would welcome public comments becausewe're trying to ensure compliance, AttorneyHealy
.stated that wu is fighting people who care atout the environment. Mr, Healy stated that he
would like Frank Ferraro to speak. Mr. Ferr, aro stated that they have been wery quiet through the
proceedings. The EPA officer stated that they have Bled a Notice of Violation (NON,) for MFJ,
.W. F=aro statcd that there have beenmary ina=rmcies. The issue was an old permit. The
permit was modified'.4-A 1992. The NOV was based on thewrong data, Mr. Ferr.aro stated that in
regard s to the ash the citizens did the wrong denkinft water test, wW,,,,h has been congmed by the
EPA, All NJPJ's tests have been done by +the a;encies. Mr, Ferr, arc stated -hat with regards to
the mercury w4 are . meeting twenty eight, 7his is a rrodeni plant and he is sorry that Ms. Kulash
'liar to the P -13A dioxin
i5 Using OiQ� data. Da..id Urry 209 Vest Way, as4d if Mr Minott was farru
' limit.. Mr. Nlinott stated that he doesnot know the lirnia but, he does know that one exists.
David'Urry 209 Vest Way asked ifivLr. Ntnott was mvare thatthey are one hund.-ed times 5triztcl
for this permit. Ys. Knctt stated that he does not believe that is a fact and questioned where he
got that:nk)rmati . on. Da-vid Urry 209 Vest way stated that he got it out of th. e 1994 EPA study,
10cd/AJ-i!:� ^� 'd_jNdtM Wd L LJ 'dLz r_±�
David Urry 209 Vest way asked what Mr. Minott suggests we do if MRI fails to comply. Mr.
Minott stated the, 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 tralffic 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 stripina*
and signage on Rt. 125. The second would be center and shoulder painting per the approval of
DPW. The third tWng would be the installation of a yield sign per the approval of Mass. Highway
or DPW. TvLr. Heally stated that they are submitting a letter agreeing to a truck turn warning sign
subject to the approval of Mass. Eghway. Mr. Rowen asked if there was going to be any
additional trash. Mr. Heally stated that there would not be.- A resident asked what the total
number of trash trucks per day. Jim Connolly stated that there are sixteen and it will go up to
eighteen trucks per day. Paul Hajec stated that he has gone back and fourth with Dermit Kelly
and he has received a copy of their final results. Mr. Simons stated that in Mr. Hajecs letter it
stated that he had concerns with left hand turns, Mr. Hajec ' stated that the signs are to alert cars
that trucks are turning. Mr, Hajec stated that he would like to see th= trying to get the trucks to
use the road on off peak hours. Ken Kimmell stated that he has been workin; with the Board of
Health developing regulations so that there will be fines for the trucks, M:,-. Rowen stated that all
a k
the trucks will be headina North on Rt. 125. A resident asked who will be enforcing these truc S
Mr. Rowen stated that thete haulers have contracts with MPLI 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,
that he
Steve Ambrose was present to speak on the noise study he prepared. Mr. Ambrose stated
has been involved with noise for twenty years. Mr. Ambrose stated that the State regulations,
permit a 10 dB increase. Mr. Ambrose went over exarnples 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 difTerence is the
min�imal 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 100. Commercial
property would be 60-63 dB. �&. Ambrose stated that this site has an advantage because of the
distance to the community. Mi. Ambrose stated that for a forced draft, or induced draft fan you
would typically put in a silencer to tone out the frequencies. �&. Ambrose stated that the two
residential areas near this site or. a quiet night may hear change in sound but, not in lev. el. Mr.
Ambrose stated that he found that the report that was prep;7ed by NEI was adequate and th�inks
it is very achievable, Mr, Rowen asked if he would recomm end putting in a silencer on the fan.
Mr. Ambrose stated that usually duct work is installed.
Mr. Rowen stated thatwe 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 recomm endation to the
Board of Health and the Board of 14eath wrote us a letter stating that it would riot be an adverse
health problem Andrew Reiner stated that the environmental consideratiors is part of your
a r, �.=
concerns and is specifically sited in the zonin, bylaw, Mr. Reiner started asi-ing questions, not
pertinent to their scope of the meeting Ken Kimmell stated that he has never been to a Plannin.-
0
Board meeting that a lawyel- in the audience tried to interrogate a member. Ken Kimmell asked if
Mr. lRower wante�- to respord, 114r. Rowen stated that he did not,
170dADUiS " 83NN!dM Wd2O:EO 86, d3S
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. Mr. Rowen asked if there is a way that he can ensure other
NESWIC cornmunities 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. Kirnmell. 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. NV. Nardella stated that what ever he could do to help would be a plus.
Mr. Rowen asked how MM will be aware of a violation. Mr, McIver stated that he is sure they
all get phone calls. Mr. Rowen asked if thtre will be z mechanism to report calls. Mr. McIver -
stated that there would be. Mr. Nardella asked if there was z way to number the trucks sothat if
they do, do somedWng wrong a resident can report it. Mr. McIver stated that he could look into
that.
loseph Mahoney left at 11:00 p.m, but he heard all pertinent infOrmation regarding the special
permit and the information that he missed was the discussion of the decision.
Mr, Rowen went over the list of pe m.1t actions dated July 31 '998. Mr. Rowen stated that if a
resident does not have a computer they can go to the library ;o,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
Kirnmell 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 mannctioning 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 perrnits. 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 itMll work and it will be a condition in the decision. Mr. Rowen stated that
we're not going to shut them down, Marty Healy stated that they added that the plant manage.,
be present when they do inspections for safety reasons. Mr, Nardella asked what the
requirements for notificadon if you were to shut down the plant per,D.E.P. WT, Heally stated that
if,eve find a problem and we shut down we're not in violatio'n. Ms. Lescarbeu wanted to know
why they could notif� us as soon as 'they notify the regulatory agency, NL-. Rcwen stated that
when they notify the regulatory agency then notif� us at the same time and when you are just
shutting down one side you �ave 24 hcurs to notify us,
Mr. Nardella asked if a truck tips over and clean up is needed who is responsible for the cost. Mr.
I Le
McIver stated tha: it is thehaulers responsibility. The driver woWd call a tow truck and the stat
nolic,! and they wc-.,!d cl�ean and they would then leave, Mr. Nardella asked if he conceived the
T ' L�4
P
-:70dMObiS �3 ��3N6W vjdEo:E9 eG, ST -�3S
Town would hrm 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 Yd bullet on the last page of the letter dated July 31, 1998. Mr. Kimmell Stated that he
would, Ms. Lescarbeau asked if we have incorporated all the comments form ARI and
specifically the shut down issues on page 10- 13 of the report. Mr. Rowen stated that 6 stUl
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. W Rowen stated that when the mercury and dioxin tests will be conducted the Town's
consultant will witness the tests. Ken Xin%mell 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. Rowan stated that if MR1 is stepping up
they should provide the information in a.timely manner. Mr. Simons asked what would happen if
idern I el . ogy study was found. Ken Kimmell stated that if there is -a report that is credible that
an apt
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 UrTy . 209 Vest Way stated that he is not a lawyer but, the Town has been notified of the
risks of,dioxin. ?& Urry stated that if dio;dn is proved to be carcinogenic the Town could have a
class action law suit,
N&. Rower. 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 ,kndover Planning Board held a regular meeting on August 18, 1998, The followin-
0 4 Alison Lescarbeau, Vice Chairman, JZ -1
mernber3 were present: Richard S, Rowea, Chairmar 0
Simons, Clark, Alberto Angles, Associate Mer�ber, JosephMahoney, Richard Nardella and J hn
Simons. Kathleen Bradley Colwell, —1 own Planner was also present.
The Board started to go over the decision. Joan Kulash asked for the Public Hearing to be re-
opened. The Board did not re -open the Public Hearing. Mark DiSalvo stated that he would hke
to speak. ?&. Nardella asked if there is a guideline that Wheelabrator suggests for sh6tting down
the plant in case of CEM equipment failure. Marty Healy stated that the decision should follow
perrr�t requirements set by the EPA and DEP. Mr. Rowen asked if a thermocouple Wis is there a -
time you would feel uncomfortable running without monitoring and is there something in DEP
that states that you would have to shut down. It was pointed out that there is redundant
equipment monitoring through temperatures in the combusters and at the filter fabric inlets.
Tknothy Porter stated there was no specific time in the perm�it after which the plant -would shut
n and meets the
down after loss of CEM, However, the permit calls for conti ucus monitoring
qualifications. Ms. Kulash tried to speak but Mr. Rowen stated to the public that the.public
HeLring was closed two weelk-s ago at the last meeting, Joan Kulash asked w�.at 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 Kimmel,
stated that we had an air quaiizy con5,jItaratto answer issues to require automati%l shut down. Mr.
T`!rr,:n-l1,e zted tl�at we should, leave it f'or another day and have the consultant respond to the
I\ - ML I I
R_ T -,-j
37OdAOUiS IS 63NdHM WcivO. P-0 36, SI d3S
W
Planning Board with data. 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 5peak.
Mr. Rowen stated that we had the Public Hearing two weeks ago, Mr. DiSalvo stated that this
topic was not an the table at that time. W Rowen stated that any point was on the table at that
tirne. A resident asked why the Board let the public in tonight. �&. Rowen stated that if they
have one speaker he will listen to the speaker. A resident stated tha t there is no reason to rush
this through. loan 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. DiS&Ivo's comrnents
are rnisleading. 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. loan Kulash rtarted to speak out. Mr. Rowen asked her to sit down. Ms.
Kulash asked why the Board is &hutting us out. Ken Ximmell went over his draft arnandments for
the decision. W, Nardella'asked if MM was to have a wish list of back-up puts 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 unexp=ed failures. 'Mr. Nardella stated that what you're
saying is that within twenty four hours most monitoring issues will be resolved, Ken KimmeU
ty
read his revised comments.. Mr. Ki=eli stated that he would like to add in "The air quali
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 ac . tual 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 liraited
to, imposing a requirement that a combuster be shut down if a continuous emissions monitoring
system failt 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 mon�itor should be infomed two
weeks prior to testing and that all mercury and dioidn testing be done at, a time wh;ich accurately
stated
represented the operation of the facility, Cynthi�a Hibbard of Camp, Dresser and McKee
that they test quarterly for mercury and every nine months for dioxin. Even though MRI is not
constantly tracking mercury they are tracking surrogates whose performance is an indicator of
mercury emission performance. Mr. Porter stated that it is the solid waste law to test every nine
months. Mr. Simons asked what the dioxin test involved, how much it. cost and how long it takes.
Mr, Porter stated that' it takes two days to do one combuster for 6ve hours and each combuster
$15,000 and there ar.12 two combus:ers. Mr. Simons stated that he w9uld 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. Nir, Rowen stated that he would like to cerrainly have them do it for h
farst year of operation and if the tests ara consistent we couldback off Sean Brewster
representing NESWC stated that we look at DEP and EPA rules that are really protective and he
o
thinks the town will be adding costs that are not necessary, Mr. Simons stated that MFU ran do
extra tests for a year and then ifthe tests come back O.K, thev car do awaywith the extra, Mr,
6T *1�
�GHaldrl Wdt7O:EO e6, ST d3S
DiSalvo stated that our tax dollars are paying for the tests anyway, Ms. Lescarbeau went over
her amendments for the draft decision. Mr. Mahoney went over his amendments for the draft
decision. Ms. Colwell stated that she would like to specifically reference the plans and the reports
that were submitted. Mr. Rowen stated that there will be five voting members. Mr. Angles, Ms,
Le3carbeau, Mr. Rowen, Mr. Simons and Mr. Nardella, Mr. Mahoney will be abstaining. A
resident asked if the Board incorporated the ash in the decision and who's responsible for the ash
once it leaves the incinerator. Mr. McIver stated that'it will be owner by NESWC until it gets to
the landfill. A resident asked for thelclarification on who's responsible for the ash. Mr. Rowen
stated that the responsibility fbr 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 fo.r. Mass. RUUSETECH at 285 Holt Road..
Mr. Angles
Ms. Lescarbeau,
Mr. Simons
Mr. Nardpila
Mr. RQwen
�&. Mahoney
yes
yes
yes
no
yes
abstained
Mr, Mahoney -stated that he abstained because,he left early at the last meeting. Mr. MahoneY
stated that he spent tan hours listeriing to the people for the environment, readime the citizen and
three hours at a ZEA meeting listening to your issues, Mr. Mahoney stated that he is totally
aware of their concerns, Mr. Mahoney stated that he heard all the testimony relative to the site
plan approval application but, he did not vote because he left early one meeting and he thought he
ed. Mr. Nardella stated that our zo.nin- bylaw requires us to 1-ook into the
could be challeng
environment. W. 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.
nce�ely,
Richard S. Rowen, Chairman
North Andover Planning Board
071 , 1�
TlOdNOdiE '3N �OH&JM WdSO-E-0 e6, S -T :P -S
SITE PLAN APPROVAIJSPECIAL PERMIT
MASSACHUSETTS REFUSETECH, INC.
EMISSIONS CONTROL PROJECT
Bacimround
The Planning Board herebY approves with conditions the Special Permit/Site Plan Review
, , ns control equipment C`the Project") at the existing solid Wage
for the constraction of emisslo
incinerator located off of Holt Road and owned and operated by Massachusetts Retsetech, Inc'-.
(-.NMrj. Tht'locus of this incinerator is 285 Holt Road, Assessors Map 34, Lot 2 1. The land is
owned by the Comrnonwea6 of Massachusetts, and has been leased to MEU.
MR1 applied for a Special Permit/Sitz plan Approval on or about May 15, 1998. The
project involves the installation of ab pollution control equipment required by the Clean Air Act
and the reguMons promulgated thereunder. MR1 proposes to teplatc the existing electrostatic
precipitator and dry sorbent injections Mtcms with new equipment consisting of spray dryer
n -catalytic reduction system, a powdered activated carbon
absorbers, fabric faters, a selective no ers. The project also involves enclO . the
il�cction system, and natural gas-flred auxillary,bura .
existing ash storage shed to better control.potentiatfuSitive emissions from the ash pile.
The Planning Board held a duly noticed pub2c hearing on the project on June 16", 1998,
st e, 1998. The Planning Board closed the public hearing or,
and continued that hearing to Augu
1h 18, 1998. In addition to hearing testhorlY
August 4 , and voted on the application on August
from MM and its consultants and members. from the public, the Planning Board also received
independent expert analyses from the fbilowing individuals- 1) David Minott 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 presented a written
report and oraltestimony regarding noise �npacts; and 3) Paul Haiec of Hajec Associates, who
presented a written report and oral testimony regarding traffic impacts. Whil-e 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
chain= of the Board of Health sent a letter to the Planning Board so indicating.
Findings
The pi Board has evaluated the application with respect to all relevant review
anning 1 -di
forth in Section 8.3.6 of the Zoning Bylaw and t' Ile sPecial perrr
criteria and design guidelines set
10.3 of the Zoning Bylaw. On the basis of this e-.ten-qive review, the
criteria set forth in Section J.
Planning Board makes the follo,,,yring findings as req*ed by the North Andover Zoning Bylaw §
8.3 and 10.3.
T71 ' d
370d�>OdiS '2 a3HaOM Wd9O:EO 96, ST d3S
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 Mte since the rnid-1980's-
2. provided that MpJ complies wil all. conditions to this approval, the Project will
=p as the new.
not cause any adverse e5cts on the neighborhood. 17be visual' Acts arc cinimal,
structures are lower than existing structum, and will be placed within the existing developed
f�otprint of the facility. The noise impacts can be controlled to acceptable levels with proper
desiga and engineering. Most importantly, the MR1 facility win emit signilcantly 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
wW cause a milimal incrcase in truck trafflac on Route 125 and Holt Road, and thwe n*&W
impacts will be more than mitigated by. conditions imposed on this permit.
acilitics, for the proper
MRI's plaris provide for adequate and appropriate f
operation of the facility. As noted, this is in existing facilitY, and the existin-, infrastructure is
adequate and appropriate. To the extent the Project imposes additional demands upon
in�astructure, NIRI his appropriately addressed these'additional demanO in its application.
Th . e 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 environInOnt for the
residents of North Andover, compared to existing conditions.
.6. MR1 has submitted all information required by Section 8.3,5 of the Zoning Bylaw.
7. The Planning Board farther finds that the Project should satisfy all relevant review
criteria &ad design requirements set forth in section 8.3 of the Bylaw.
—Lae - Pianning Board finds that conditions are required in order to ensure fun
A nning Board hereby grants in
compliance with Sections 8.3 and 10.3 of the Bylaw, The Pla
approval to NO subject to the following conditions.
�-_ :z , 1-�
Special Conditions
Truck Routes/Traffic
The Planning Board &Ids that the appropriate route for trash trucks entering and exiting
t� W s: 1) enter the facility via Rcate 495, to the Route 125 AVafd
.e NIM faciUty is as fo�ow
Hill Connector, to Route 125 South, to Hott Road, and 2) exit the facility via Route 125
J -
North, to the Route 125/Ward HUI Connector, to Route 495 (hereafter referred to as 1"Lhe
Designated Route"),
a
2 370dAOUiS '8 83NdL-IM WdZO:EO e6, ST d3S
b) Commencing upom the date of fainS this decision with the Town Clerk, NM shall assist in
ensuring compliance with the Designated Route by placing language in all new contraOs
with MRI, &Ud in an renewals of existing contracts between MPU, and municipal solid
waste haulers, ash haulers, and metals haulers (collectively rc&=d to as "MRI COntract
Haulcrs`� requiring s6dh haulers to use the Designated Route, and any applicable truck
route regulations that may be issued by the Board of Health. This conifition will apply to
all contracts that M enters into directly with the haulers. To the extent that equivalent
provisions do not already exist MI the, existing contracts, MPI 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 Imulers a copy of this
decision and a written request that the contract be amended to incorporate the above
requirements. A copy of any such written request shall be copied to the Town Manager,
and MM shall follow up the written request with addifiorW 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 requite
haulers to use the Desipated Route. However, the Platming Board understands that the
Board of Health is in the process of promulgating comprehensive regulations designed to
address trash t-uck 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 now 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 gay
conflict between the Designated Route and. the Board of Health regulations, the latter shall
control.
E2*d
d) Within thirty days of the date of filing of this decision with the Town Clerk, and at least
annually thereafter, jr.d whenever requested by the Town Manager, MIRI Shall send to
Mn 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. Mn shall promptlY send copies of such reminders to the Town
Manager,
e) Within five days of learning of a violation of the above, route restrictlon, MM shall provide
written warnings to. any MIU Contract Hauler that N21 determines has violated the route
restriction notifying the hauler that failure to comply . verith the route restrictions may result
on of tipping privileges. MILI shall pronTPtlY send
in revocation of the contract or suspensi
copies of such warninggs to the Town. Manacer.
'Within ddrty days of the date of Ung of tj%is decision Nvith the Town Clerk, and at least
�=Ually and whenever requested by the Town Manager, NM sha send reminders of the
route restrictions to NIESWC with a request that NTESWC advise its member communities
IV�4 kTJ shall promptly send cooies of suclk" reminders to the
bout thte roliat�
Town Nlam-,er,
3-10d'/OdiS 'S 83H&JM WdZO:EO 66, ST a3S
MR1 shall propose and fund the installation of truck turn warning sipage along Route
125 northbound, just prior to the Route 125/Holt Road intersection. subject to approval
and implementation by the Massachusetts Highway Department.
h) M K shall propose and Ind center and�shoulder-linc painting along Holt Road between
Route 125 and the NO faciEty, subject to approval and implernentation. by the North
Andover Department of Public Works.
MR1 shall propose -and fund Installation of a YIELD sign for right turns from Holt Road
onto Route 125 southbound, subject to approval and hplemientation by the Massachusetts
Highway Department and the North Andover Department of Public Works.
j) MR1 shall apply for approvals of the Massachusetts Highway Department and the North
Andover Department of Public Werks'no later thin October 31, 1998, and shall =ke
best efforts to. ensure that the conditions 7, 8, and 9 are implemented no later thari March
111999.1
2) Air Quality Monitoring and Access to Data and Records
a) Public Access to Cami3uance Data in Real Time. Prior to operation of the Project, MRI
ablishing an Internet website Accessible
shall arranne for public access to Plant data by est
a
using common web browser software such as Netscape or Microsoft Explorer. Data
from NSI'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
c I onditions, regulations and guidelines. Public access in this regard shall be unrestricted as
to Nvho may access the data, and as #6 o time of day or day of the week. MR1 shall pro-�ide
the data to the website continuouslYthrotighout each. day on a basis as near to a real the
as is reasonably practical, but riot rn0re than twelve hours following the end of the data
the-aycraging period required for compliance demonstration. MR1 shall install a
computer, modem telephone line, and modern in the Town's library to facilitate ready
public access to the data.
'The Planning Board recogni=s that there is case law to the effect that a local boar'" may not
impose conditions that require the approval of other agencies, such as the Massachusetts HighwaY
a d 9 are invaliid on that basis, it is
Department. Should a court determine that Conditions 7, 8, an
the Plar.-,�,I- Board's LrLent that those conditions be deemed severable from the remainder of this
Aa b ould not affect the Planning Board's ultimate
=i51011L The a—_nul.-ient of those conditiOm w 0 ' .
ts the criteria in the bylaw, including traffle-related criteria.
determ]nafion thv_t the Project mee
4 a3N6ijm- i4deo:Eo e6, ST d3S
b) The specific continuous Monitoring data tobe made publicly available is as follows.
j) Most Recent Comliance D The latest monitored emissions and operating levels,
compared with Dermit limits (graphical format), specifically,
sz, d
1) Sulfur Dioxide, 24-hour avem8c geornetric mean concentration and the removal
efficiency
(2) 1 Nitrogen Oxides, 24-hour dany alithMetic average concentration
(3) Opacity, 6 -minute average percentage values, daily surnmarY
(4) Carbon Monoxide, 4�hour block arithmetic average.
(�) Flue Gas Temperature at the fabric Iter inlet, 4-bour block arithmetic average
(6) Mercury, Dioxinand any other parameter that is tested but not subject to
continuous emissions monitorig. data, the latest test results. MRI shall,test
quarterly fbr dioxin. The Planning Board reserves the right to amend this
condition and allow less frequent testing if the test results during the first Year of
operation reveal levels of dioxmi.substantially below the permitted limits. -
U) S ries of NAOMI COM e licable L'
(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, shaU clearly convey the
number, dates, and magnitudes of any exceadanc.cs of applicable limits.
(2) For mercury, dioxh and any other parameter that istested but not subject to
muous emissions monitoring data, the preceding three years.of test data, in a
cond dates, and magnitudes Of any exceedances
forrnat that clearly conveys the number,,
of applicable lirn#s.
ML t i o n S u r I Lurr.A�e
ssio manitorin, M c
-Alf ment-dalAm—w-0—
iii) Cont LuousE
(1).Sun=ari.-s of the periods dufmg which each continuous monitoring system was
ma=tiorjng while the facility was operational, as "operational!' is defuied by
applicable regulations.
(2) Quarterly cumulative sunun&r im
,es of such malfitaction t e.
iv) Should N9U be required by US EPA or DEP to modify the frequcncy, nature, extent,
or type of sampling and reporting, MIU sba-U promptly adapt the above database so
that it is consistent with any such modifications.
C) Compliance Records. Commencing at the tL-ne this decision is Eltd in &,,e Town Clerk's
V -
ofEce. at the sarne the that N.dPJ submits such reports to regulatory agencies, I*M shall
i dic (e.g., m0rlthlY, quarterly, 9 -
of each perno
deUver to the Town iManager two Cop=
ederall. $tate, or local pe-,=ts and/or regulations
rr
U
ann-!!!� rt -or.. required by f
relatLng to air alla.Uty.
T
I-
d) Inspection of FaciUty Operations and Records. CommCnOing at the time this decision is
filed i� the Town Clerk's office, the Board of Health and its Agents shol bave the right to
both ==ounced and scheduled inspections of any and an facility operations and
11 wi uire
operating records, generated after this decision is f ed th the Town Clerk as req d to
a
assess ongojng compliance of the facjUty 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 ftequencY, tim�l or
duration, provided that such inspections are conducted in the presence of the Plant
Manager or his designated representative, in a mamer ftt- does not unnecessarily disrupt
MRI facility operations and in compliance with MRI health and seety policies and
procedures. I Without limiting the foregoing, MM shad provide fourteen days prior notice
to the Board of Health and its designated representative before conducting tests for
=rcury, dioxin, andlor any other pollutant that is not testeA on a continuous emissions
-monitoring basis. The Board of Health and/or its designated represeatative shall have the
right to be present at the facilityduring 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 OP.eratiOns-
3) Solid Waste Monitoring
a) inspection for Ash Dusting. The Board of Health and its Agents shall have the right to
periodic unannounced inspections fbr the purpose of determiniY19 whether ash -handling,
storage, and load -out a perations cornply with the US EPA and DEP requirements
restricting visible emissions, with such compliance to be determined as specified by those
agencies' a regWations. Such inspections shall be conducted in the pres * ence of the Plant
a cessarily disrupt
Manager or his designated representative, in a manner that does not unne
MRIfacility operatiom and in compliance with ME health and safety policies and
procedures.
4) Shut -Downs of Combustor Units and Other Problems
a) Shut-DOVM 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 cornbustor unit or units:
1�7 , d
Potential for Stack Exhaust 'Faa Fauure. The forced draft or induced draft fan ceases
to 5mction. Ali L-Iterlock is required that automatically Prevents the further charging
cf waste to the affa.cted combustor wit(s), until the fan resumes semct-
L-orn Inadequate Combustion Efficiency, On start-ap,
a) Pott-ntial for Excess Emissiors j & T2), less than 1600
Runace ps temperature, as measured at Elevation 125'- 0" ' I
F (whjc� is equivalent to 1800 F at the one -second gas residence time plane). An -
Lri'.�-Nlock that. autornat;cally prevents the chargLn,g of �v,,jste to the affected
cQrn L *1 the te, ture criterion is met.
, �,us,or unit,s,,. i�ntLi Tivera
6 370d.AO�diS '8 ;�3H8UN Wd6O: EO eE, ST a3S
During waste combustion, furnace gas temperature measured at Elevation 125'. 0"
drops below 1600 F for more than three houzs. operator must promptly cease the
charging of waste to the affected combustor unit(s), . and cazinot resume charging until
the temperature criterion is met. i 11
iii) Potential for Excess Emissions frotri Failure of the Fabric Filter. Morethanthree
fabric ffiter modules are out -of- - e (isolated). Operator must promptly cease the
Servic
charging of waste to the Wfected combustor unit(s), and cannot resurne charging until
sufficient modules are in service.
iv) Potential fbr Excess Emissions from ScrubberFailure. Temperature exceeds 450 F at
fabric Ster Ud; i.e., following the spray -dry absorber (scrubber). An interlock is
re . quired that automatically prevents the fther charging Of waste to the affected
combustor unit(s), until proper scrubber Amcdoning is restored, as evidenced by the
temperavire at the fabric filter inlet.
Lime -slurry feed to: the spray -dry absorber iaterrupted 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) MM shall maintain a written record. on site of the occurrence (datt and time) of any Of
the above events, and the reason, to the extent kmo%m, for the occurrence.
b) If there is a shut down of a combustor unit(s) for the reasons set fbrth in Condition 16,
0 f the shut down. The term "promptlylt
MRI shall promptly notify the Town Manager o ,
means if the shut down occurs diiiing Town business hour5, within three hoursof the shut
a
dovni, 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 towrL 1,M Shan also post any such notices to the
Town Manager on the database referenced in Condition 11 -
c) Comniencing at the time . &at this decision is filed in the Town Clerk's office, whenever
M is required by permit to notify a regulatory agency of an accident or violation, ME
Manager at the same time that it notifies the regulatory agency.
shall also notiCy the Towa the Town Manager on the database referenced in
I
NM shall also post any such notices to
Condition 11.
5) Miscellaneous
11 2 * 1�
a) M shan not combust sewage sludge in the combustor Uriits
b) Noise: Noise from the facility U UPgr3ded by the Project shaUnot increase the broadband
level by &-note than I OdBA above the ambient levels or produce 9L "pure tone" condition as
set forth in DAQC Policy 90-00 1, the guideline fb� 3 10 CI�IR 7. 10. In order to ensure
' I a prior to operation of
n. NS -1 shall perfonn ambient testing
co #ance -with this condinG . - dccument entitled �,Sourd Level Evaivation
the project, at Location 5 as referenced in a —
370�4ADH__!S I d3H.IUM w_4eT:Ea ee. ST c�3S
; VE
ibrthg M=aen=Gtt3RefiL-U!tech, Inc. Emissions Control Project, prepared by Wchael D.
Theriault Amociates, Inc., and consistently wtth the testing that was done in that report.
MR1 sha then perform test-kig at Location 5 not later than one hundred =d ei2hty days
i
fror M=e
'I completion of on-site construction, and compare the test restilts to dete
compliance. mM 9W submit the test restats vft a report indicating whadwr the ta3t
results indicate complLvea with this condition. If the test results indicate non-compliance,
NM shaU devise and Lmplemgnt measures to -ensuze compliance.
c) N io
I'M shan comply Wkh all &ppliegible f.6der21 and state laws, regulat ns. and P
cotditions governing the operations of the factlity.
d) NM shaU pay to the Town t . he lump sum of twenty-five thouiand dollar3 ($25,000) on
o bcf
r Oro lanuary 2, 1999, in addition to =y payments made under the Host CommunitY
Asreement between MR1 and the Town, for the pulpose of fimding air quality mcnitoring
activitim relating, to the facilitY. = staU pay the jump sum of $25,000 on or before
Jan=7 2 of each yea thereafter, and this obligation shall cease one year after the
termination of the operation of the entire facilitY,
H� �-' * J
No shall, provide finaricial security in'a fb= acceptable to the Board, such as 9L PrOPer
bond ValogOus to that required under the Subdivision CorArol Law, G.L. *.41, §811J, in
the =Ount of fdy thousand dollars ($50,000) to be used by the Town for expenses
. urred
incurred by the Town should the fgicility be abandoned or extraordinary expe=3 uw
by the Town to proviad �=rgcnzy services at the facility whic it is it operation. The
Engncial secuety sW be renewable and reinstatable and shall be maintained on a YeArlY
basis, and MR1 shaa nOt4 the Tuwn Manager when the &=Qisl security is eitablished,
and each time it is renewed.
sptcLfied, the conditions. he:ein shall. be effectivc uPOd Operation of the
emissions control project. operation shaUbe defiried as the date upon whichMRI
submits its initial performance tutit to DEp in accordance with the new Clan Air Act
regulationd.
All cotdittions te this SPeclAl permit/Site Plan Approval are binding upon any and all
successors, assigriees, and transferees of NO- ,
h) 'Wit-acut . Uraltings the remedles,aN-Aablc to the Town, violations of these conditions we
subject to fines and/or U'li-metive rellef to the tUest extent authorized bY law.
stigate and address
The air quaty consultant retained by the Town sh spec callY Ive a otf,
all ifi ir' 6nctioning
ig equipment is n
the extent to w JvfM's ctjr11.iaUoU3 erni23i= monitori: d stricter,
ank-Al remrt to th-. Dilarining Board based on actual data as to whether a standar
JSEPA should be imposed to addriss di3s issue. Such
the:t that imposedby DEP and I
uds Tray include but are not 1�nited to, jimposing a requirement that a
ztricter stand a continuos emissions monitoring sys-tem, fails for an excess'Va
ccmbustcr be shut down if oqti�-Iucs e mt-Issiom rnonitcring equipment. T"I'le
arnount of tiM-- - c-, vequ�ln�*; �,�diwdawt
d—INdON Wd 'ELd
Planning Board reserves the right to revisit this iss%te after receiving reports from t
quality monitor,
. NM shall sub1nit to the Board an as -built plali, certiled
Prior to the date Of OPemt'ou)
by a professional engineer, indicating that the Project has been constructed substantially in
Compliance with the plas contained in the APPUCOtion for Site Plan Review.
Site plan Review, dated Ma 15, 1998, and the attachments theTetO,
k) The Application for in ac rdance
shall be deemed put of this decision, and the, Plojerlt shall b� constructed co
with those documents and plans including the following:
j) Traffic Impact Amessment prepared b y R. D. Vanuse & Assoc., Inc., 10 New
BnglandBuskess Center Drive, Suite 314, Andover, MA o1810, prepared for
EMCON, 3 Riverside Drive, Andover, MA 01810, dated lanuarY28,1998, rev.
August 3, 1998.
ii) Air Quality Monitoring Report prepared by Farth Tech, 196 Baker Aven=, Concord,
NIA 0 1742, prepared for achusetts REFUSETECH Inc., 285 Solt Road, North
Andoverlp MA, dated January 1998-
. epared by lvllc�ael D. Theriault Associates, Inc., prepared
Sound Level Evaluation pr
for SMCON, Inc., Andover, MA, dated January 1998.
ared by young Associates, 121 Julland HM RDad, Greene,
iv) v1sual Impact ArAlySis prep liolt Road, North
NY 13778, prepared fbr Massachusetts REFUSETECH. "ne" 285
Andover, MA, dated lanuary 6, 1998.
�A�r Quality Review of Proposed NM Ernissi-Ons-COntrol Upgrade'
v) Independent rth
prepared by ARL 9 Pond Lane, Concord, MA, for Town of No AndoverPlannine
Board and Board of Health, dated July 199S..
i prepared by Stephen E. Ambrose, Noise Control Engineer,
vi) Noise Study Peer Reviev , NE 04062, prepared for the North Andover
4 Old Great Fall$ Road, Windharn,
Planning Board, dated July 30, 1998. MA
s mon Street, Lawrence,
ew prepared by Hajec As ociates, �75 Com
vil) Traffic Revi Planning Board, dated July 2, 1998-
0 1840, pTepared for the North Andover
setts Refasetech I11c., 235 Holt Road, North Alidover, MA
vi�) pian titled,. Musachu
.Air F -missions ContT01 System Retrofit General Arrgt Elevati= pTepared by
-5/21/98
F MA, dated 4/15/98, last rev
'M,r10N, Inc., Andover
t%5 Refasetech Inc., 28 5 Holt Road, North Andover, MA "Ian
Massachuse EMCON, Inc., Andove:,
ix) P!an titled. -
011 f
to Acco:ripany Applicat or Site plan Revi ,y, prepared by
a 5 113 /01 8.
M,A, dated 41'15i9o, rev.
3!0dA0UiS �8 Z�3N&JM wdiT:Eo e6, ST d3S
x) Plan ticled: Mamachusetts Refactech Inc., 285 Holt Road, North Andover, MA Lime
P paration.retrofit General Arrange=nt EIgntior 1), prepared by EMCON, Inc.,
rg
Andover, MA, dated 4/15/98, rev. 5/13/98.
Cc. r)jrector of Public Works
Building Inspector
Health Admid!MtOr
Asmsm%
Consavadon Admiriiamtor
Dminage Cmultant.
manning Board
Police Chief
Fire Chief
Applicant
Engineer
File
mm - site PIM Review
10 37OdAOUiS 2 'a3NZ�UM Wd2T:EO SG, ST a3c
COM,MONWEALTH OF MASSACHUSETTS
ESSEX, ss SUPERIOR COIJRT
CIVIL ACTION NO.
The CITy OF HAVERHII-L,
Plaintiff,
The TOWN OF NORTH ANDOVER;
MASSACHUSETTS REFUSETECH, INC" and
RICHARD S. RowEN, ALISON LESCARBEAU,
JOHN SZ,040NS, RICHARD NARDELLA, =d
JOSEPH V. MAHONEY. as they cOnstitute
the NORTH ANDOVER PLANNING BOARD
Defendants.
N�OTICE OF ACTION UNDER M.G.L. c. 40, § 17
To: joyce A. Bradshaw, Town Clerk
Town of North Andover, Massachusetts
pursuant to M.G.L. c. 40A, § 17, 1 hereby give notice that an action hasbeen filed
he Trial Court, seeking to annul
this date with the Essex Superior Court Deparl-ment, of t
the, following decision of the Town of North Andover Planning 13oard, which was Med
with the North Andover Town Clerk oa August 25. 1998.
petiti- to planning Board
on
for Special Per='t-'
AppliCLnt:
Appiicant's Address:
7' :j
- I "
'Filed May 15, 1999
Massachusetts Ref�usetech, Inc.
4 Liberty Lane,
I-Iampton, New Hampshire
370dAOUiS 'Q' �GHaHM Wdt'_:::20 36, S_� �43S
41
Lor -folt Road
.ation of pyoperry -Involved: 2851
North Andover, MaSsachusetts
Attached hereto is a copy of the ComPlain,t.
DATED: September 14,1998
E ' C,
crry oF iiAVERIML
By its attomeYs,
. Michael A. Leon, (BBO #293840)
;Alexls S. Jigmdan (BBO #537783)
waxner & Stackpole LLP
75 State Street
Boston, Massachusens'02109
(617) 951-9000
a3N�fdM wdrs;2o eG, ST d3S
CO�&MONWEALTH OF MASSACHUSETTS
SUPERIOR COURT
BSSBX, 55 CM ACTION NO
The CITY OF HAVERIML7
Plaintiff,
CO LAINT
V. A—ND DEM—AND
ne-tOWN OF NORTH ANDOVM
MASSACHUSETTS PXFUSETECK INC.; and
RICHARD S. ROWEN, ALISON LESCARBEAU
Sn
JOHN NONS, pjCHA;LD NARMLI-A, and
IOSEP14 V. MAHONEY, as they constitute
the,
�qORTH ANDOVER PLANNING B- OARD
Defendants.
worth Andover planning Board
This CoMpIdjilt &H305 OUt Of thfj. issuance by the
of a Special Permit requirmig Lrash tr=ks to Pass tbrough t'le City of I-laverhill W11ich'
as explair.ed in detail belM will cause specific and substantial ha=!O the City Of
14averhill.
P A—R— —TT U11%
pjalntiff� City of HaverhIll is a Mas3arhusc= rn=icipaj corporation
1c, along ts
located approximately 4000 feet from, je truck route to and f
a.sach,1setts Pefusetech, Inc.
2. Defendant, Town of North Ando-veris a Massachiisent municiPal
Massachusc= pef,;setech, Inc. (herej.,jafter "N -Mr') is a
Deferldm-nt, Hampton,
lnclp al -,3 ac lberty Lane,
corporation with a jr, of busiress at 4 Li
A '- M wds�i: -0 ab djb
Wd"
New Hampshire. MRI Owns and Operates an 1 - nc'ne.mtor on property it leases at 285
Holt Roadj NoTth Andover, Massachusens.
4. Defendant Rich . ard S - Rowan is an individual who, upon information and
belief, resides at 102 Bear Hill Road, North Andover, Massachusetts. Kichard S.
Rowan was and is, at all times relevant hereto, a member and Chairman of the 'North
Andover Planning Board.
51 Defendant Alison Lescarbe au. is an individual who, upon information and
belief, resides at 68 Laconia Circle, North- Andover, Massachusetts. Alison Lescarbeau
was and is, at all times relevant hereto, a member and Vice Chairman of the North
Andover Planning Board.
6. Defendant John Simons is an individual who, upon information and
belief, resides at 25 Ironwood Road, North Andover, Massachusetts. John Simons was
m=b * Andover Planning Board.
and is, all times relevant hereto, a er of the North
7. Defendant Richard Nardella resides at 63 Hay Meadow Road, North
Andover, Massachusetts. Richard Nardella was an is, at all tfines relevant hereto, a
member of the North Andover Planning Board.
8. Defendant Joseph V. Mahoney is, an individual who, upon information
and belief, resides at 24 Mill Pond, North Andover, Massachusetts. Joseph V.
Mahoney is and was, at all times relevant hereto, a member of the North Andover
Planning Board.
9. Dell5endant North Andover I pjann�ing Board is the Special Permit Granting
Authority =der the North Andover Zoning Bylaws, as revised 1986 (hereinaft- the
,,Zoning Bylaws").
T.T, COU�US
CTS COMMgN TO A
10. . MM is the owner and operator of a solid waste incinerator (the
m the Commonwealth of Massachusetts
"Incinerator") on property it leases fro North Andover (Assessors Map
(hereinafter the "Property) located at 285 Holt Road in
34, Lot 21).
11, The Incinerator is located in an industrial zoning district as defmed in the
Zoning Bylaw of North Andover.
ar,
12, section 8.3(2)(a)(U) of t�,e Zoning Bylaw requkes Site P1 . Review for
4L[ajny construction which resultsin the addition of more than two thousand (2,000)
square feet of gross floor area'to an existing structure. 19
13. %41U submitted a Special Permit application to the Board for Site Plan
Approval on or about J%zle 16th, 1998, seekin . g an extension of its existing structure.
ST a3S
P�
14. Section 10.3(l) of the Zoning tylaw prohibits the Planning Board from
approving a Special Permit unless "ItIhere will be no nuisance or serious hazard to
vehicles or pedestrians."
15. ot or &bout August 19, 19981 die plarming Board granted a Special
Permit to MR1 (herainafter theopermirl) based upon a finding that the exterikon. would
pose no nuisance or serious humd to vehicles or pedestrians because of the Special
. Sea certified copy of the Plann:ing Board Decision
Conditions imposed by the Pe=it
and Permit, attached hereto as Exhibit A.
16. The Permit, grpntedby the Planning Board was based upon a Special
Condition that all trash trucks entering or exiting the facility be rerouted through the
City of Haverhill (the"Special Condidoe'), The Special Condition requires all trash
trucks entering the NW facility to travel from Route 495 at the Haverhill exit, to the
Route 125/Ward Hill Connector tl,,rough Haverhill, to Route 125 Soutth in Haverhill, to
Ho it Road in North Andover, and to follow the same route upon exiting the NW
,). S e Exhibit A.
facility (the "Designated Route' L.
17. Route 495 is a state highwaY which Passes through both the City of
Haverhill and the town of North Andover. ks, traveling to o . r . from the
i g. The Designated Route Prohibits all Mh truc
MM facility, frorn exiting Route 495 in North Andoven
19. Route 125 is a, state, highway which passes through both the City Of
Haverhill and the town of North Andover.
20. The Designated Route Prohibits all trash trucks, traveling to or frorn the
N6M &C"ItYO from traveling along Route 125 t�.xough the town of North Andov I er.
21. The Massachusetts Highway Depar=ent his not provided written ic
consent to the Town of North Arldover for any traffic devices which exclude traff
along any intercity routes between the City of HavL-.hill and North Andover,
22. The City of Haverhill has not provided wiitten consent to the Town of
0
North Andover for any traffic devices which exclude traffic along any intercity routes
between the City of Iqlverhill and North Andover.
23. The Special Condition imposed by the planning Board will result in an
additional 150 truck trips each day through the streets of the City Of Haverhill'
I e Special Condition imposed by the Planning Board will cause a
.24. Th 1% 0
nuisance and a serious hazard to t' he vehicles and pedestrians of the City of Haverhill.
in addition, te Special Condition imposed by t' he planning Board will (1) cause a
di minution in val�e to the property of the City of Haverhill (2) overburden the streets Of
the City of Haverlmll and (3) Overburden the police officials of the City of Haverhill.
9 , 1-�
3 wd9s-. 2a e6 . ST d3S
It,
Andover on an intercity route was without the written approval of the Massachusetts
Highway Depar=ent in violation of M. . G.L. c. 85, § 2.
35. The Planning Boards grant of a Special Pennit with a Special Condition
ute, and thereby excluding traffic through North
imposing a Designated Truck Ro the written approval of the chief executive
Andover on an intercity route without
officer of the City of Haverhill in violation of M.G.L. C. 85, §2.
36. Therefore, the Special.permit issued by the planning Board to a Special
Condition imposing a Designated Truck Route should be annul!ed.
cg=
(M.G.L. c. 231 A)
37. The allegations I of Paragraphs 1-36 are repeated herewith as if fWly stated
herein.
38, There is,an actual controversy between the parties.
pursuant to Chapter 23 IA. the City of Haverhill seeks a declaration that
39, 85 § 2 and specifically that the
the action of the Pianm i ng Board violated AG.L. c.
Planning'Board cannot CXclUde traffic on an intercity route.
C
(M.G.L. c. 249 § 4)
40. The allegations of paragraphs 1-39 are repeated herewith as if fully stated
herein.
The planning Board's issuance of the Special Permit with the Special
41. c
Condition imposing a Designated Truck Route was a substantial error of law whi h
Haverhill.
adversely effected the rights of the City Of the
42. Therefore, pursuant to M.G.L. c. 249. § 4 the court should correct
substantial erTors of law of the Planning Board.
WEEREFORE, the plaintiff, City of Haverhill prays that:
1, ludgment enter in its favor on all counts of the Complaint; and
2. That the City of Haverhill be awarded such other and farther relief as this
Court may deem just and proper including without'jimitatio . n attorneys' fees
and costs.
20
WdZS:- e6, ST d3S
mou ()R njA BY
EST FOR TIR
?laintiff requests gt trial by jtuy.on all issues so triable.
CITY OF HAVERHIL
By its attorneys,
Ashod N. Amin'an, Esq -
city Solicitor
(BBO #617480)
145 South Main Street
Haverhill, MA 01835
/Michael A. Leon, Esq.
(BBO#293840)
Alexis S, Ijundan, Esq.
(BBO#557783)
Warner & StaCkpole LLP
75 State Street
Boston, MA 02109
Dated: September.14, 1998
16301-1.259994 vI
T a3S
370d>131diS '3 -�13H�NM WdeS:20 eG, :�=
Town of North Andover.
On= CF
COMmUNITY DEVELOPMENT AND SERVICES
30 school stl�zt
NoMb An&ver, Massuhudts 0 1 B4�
WILLIAM I SCOTT
Dirwtar NOTICE OF.DSCISION
Any appeal shall be filled
within (20) days after the
date of filling this Notice
in, the 01flce of the Town
Clerk.
Petition REFUSETECH 9 INC -
Premises affected Halt AO&d
M
Date hun s r. 19. 1998
Date of Hearin Jura 16,1998, Tuly 7, 1998
7��b, August 18, 1998
Referring to the ahave petition for a special permit from the
requirement3 of the North Aftdover Zo - ning BYlav'section 8.3 (site plan review)
So as to allow constructiOn Of Z1,493 of now grou Uoor ar'ea-
After a public hearing given on the above date, the Planning Board
voted to_ A-PPROVE the SPECIAL PERMIT- SITZ PLAS REVIEW
based upon the following cbnditlons,
CC: Director of Public Works Richard S.Rowem, 09CMin
Building Inspectcr
Natural ResourcelLznd Use Plannor Ali so i 1 .09 'jadazzu-, V . chairman
Health Sanit2rian John 5i T_j0MqC1-_rk
Assessors
Pcli�p Chief
Fire Chief Richard Nardelia
Applicant
jose,3 IV Maho�ne
-e Cc.-,,,
Engineer A Tr%.
Towns Outside Consultant Plan I ning Board pr. a I"..,/-'
Fila
interested Parties
coNSERV.%T10N-(97316989!30 - f1EALT11-(q-'8)68a-q14U - ?LANKINC - (9-18)
U� 'H d3NC%J)jm wd=is: ew bb
0
0
JOYGE
TO Vi� t, I k�' 1�1.1.
NORTH
'7-�ACHU t C-1 [)M
TOWN OF NORTH ANDOVER
MASSACHOSETTS
Any appeal shall be filed BOARD OF APPEALS
within (20) days after the
date of filing of this Notice
in the Office of the Town Clerk.
NOTICE OF DECISION
Premises: 4 Summer Street
NAME: City of Haverhill DATE: 12/17/98
ADDRESS: 4 Summer Street PETITION: 044-98
Haverhill, MA 01830 HEARING 11/10/98, 12/8198 & 12/17198
The Board of Appeals held a special meeting on Thursday at noon December 17, 1998, upon the application of
City of Haverhill, 4 Summer Street, Haverhill, MA requesting that the Board of Appeals vacate those conditions
in the site plan approval of the MRI retrofit project, which required specific routes to be followed in connection with
the operations of the project. The permit granted by the Planning Board was based upon a special condition that all
trash trucks entering or exiting the MRI facility be routed through the City of Haverhill (the "special condition"). And
that the site plan approval exceeded the authority of the Planning Board under the North Andover Zoning bylaw in
imposing conditions mandating certain designate truck routes.
The City of Haverhill filed the appeal with this Board on September 24, 1998. The City makes clear in its filing that
it is only contesting Special Condition 1 (a) of the Site Plan Decision. In that condition, the Planning Board
designated a route for trash trucks to take to enter and exit the facility. The designated route as set forth in the Site
Plan Decision is Interstate 495, to the Ward Hill/Rcute 125 connector, to Route 125, to Holt Road. The Planning
Board, represented by counsel, appeared at the hearing and requested that the Board affirm the Site Plan Decision,
but as modified as set for in their decision of 12/15/98. The modification would delete Special Condition 1 (a) to
make it clear that the Board of Selectmen, and not other town boards, has the authority to designate a truck route.
The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone, Scott
Karpinski.
The regular hearing was advertised in the Lawrence Tribune on 10/27/98 & 11/3/98 and all abutters were notified
by regular mail. The special hearing was posted on the Town Clerk's board 98 hours in advance of the 12/17/98
special hearing.
Upon a motion made by Raymond Vivenzio and seconded by John Pallone, the Board of Appeals voted to DENY
the petition of the party aggrieved and to uphold and affirm the decision of the Planning Board dated
12/15/98 relative to a minor modification applicable to the following language. At their meeting on December 15,
1998 the Planning Board voted to modify their site plan review special permit decision dated August 25, 1998 for
the above referenced project as follows: Delete paragraph I (a) and replace with the following language:
See attached lefter from Richard Rowen, Chairman, Planning Board date stamped 12/17/98 titled: Minor
Modification - Refusetech, Inc., 285 Holt road, Site Plan Review Special Permit.
attachment pages 1-7
/decoct/25
BOARD OF APPEAL$
William J. Su an, Chairman
Zoning Boa ; of Appeals
Post -it" Fax Note 7671
Date/
# of 1"
pages
To
From' U��L
�2
Co./Dept./
Co. &,� (7
Phone#
Phone#
Fax# 9,74L? j2
Fax #
Town of North Andover
OMCE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Street
WILLIAM J. SCOTT North Andover, Massachusetts 0 1845
Director
(978) 688-9531
Minor Modification — Refusetech, Inc., 285 Holt Road
Site Plan Review Special Permit
'10 ,
Fax (978) 688-9542
At their meeting on December 15, 1998 the Planning Board voted to modify their site plan
review special permit decision dated August 25, 1998 for the above referenced project as
follows:
Delete paragraph I (a) and replace with the following language:
On April 12, 1982, the North Andover Board of Selectmen requested that the Department
of Environmental Quality Engineering (DEQE) impose.a condition in the site assignment
for the MRI facility that would allow the Board of Selectmen to designate a route for the
facility. On May 11, 1982, the DEQt issued a site assignment containing this condition.
On February 11, 1985, the Board of Selectmen voted to designate a route for the facility.
Copies of documents reflecting the above are attached hereto. The term "designated
route" as used below means the.route that the Selectmen designated in February 1985 as
may be amended over time.
Delete paragraph l(c)
Signed,
uc-Oanck x4akr,�q ACE(-)
Richard Rowen, Chairman, Planning 8QArd--"
Z �7:
rT-
7-K:
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
CC: RWS., KS, Sl,__)H, CB, ET-Procon, RJS, LOW, A!,,_�Jpj-
6r
del U.
RECEIVE
A Y
AWHOHI 0 CO;TESE. St.O.
C
May 71,3982
William F. H. Mick�:, Corzmj,�sLr�.ier
Knnrtmenc of Envirnnrv'Wal Yinagement
Levcrmr Saltonscall fAdIdins-,
Govarnmen: Centpr
30n Cambridge Street
*3o -z-.,;-,, Hassachust:tcs
:`,vironmental. Qality Enginucring, In rospollse to y,qj-,
rsq"nU, hvid a PublU Varing nn.Arch 24, 1982 relativ,� to Cho assignmen: o'
tz con"Esting A a;Troximately 1402 aervs of 1nnd off Clark Street An ch,
()i NO"t': AndCV,--r. Xhslachusatcs fav uAv as ri sEte for a solid wasce/
w"vrRv rucovory Knility, 'Nil property was taken by the Cammwmualth 11 eminni!.
00main on Junc 24. 190, Ordar of Kking No. 63ST, and rccarOd in die Heylocr.
of WAs, Northvrn Distriot of Essex, Eack No. 1513. Page No. 158.
Nocice A Ve was publisiwd in che 1.awr�,ncc Eagle-Tribun,., on
10ruary 26, 1981 anJ in &K- Norch Kdnvur Ocizon on March t, 1482. hi add 1 t i co,
"OERv 0" Lho hvarfii� wzi.� to th,_� 1:urLh Andovvr Oui,L' of SulcCE-men, rh(-
Nnrrh Andovnr Sorird A HO -1101. Lhe HaSSaChUsms Environm�-n(-al Policy A�ct
F&L K Chv QvcuLiva (IrVico a Envirnninen:al Affairs,' thv
Pr-rev:icn jiviritin of Lno Oft icv or Av Accornev wriernkand Lhe applLcanc.
Jan -1 will bL2 for thu conscrUCHon of a 1500 rcn:� pt?r day -;,-)IIJ OnLE,
energy recovery facilicY. % detailed description of the proposed facility ant,
Us inhurenr opurat !,oil :isOvvr- wou presented by ropreSenLaCive af the Masai-
junsm; Buranu A 0131d Waste NiSpoSal.
At Chu QmC 01 thv in-aring. questions wure raised by t�-;o residents con-
cerning (1) the stack hoikhc of tho plant and (2) the future capacity o'f the
up landfill in AGO;. GWIS"Kants ca the Bureau A Solid Waste Disposal
n r,3 an t
resUnded tO these qu(::�:Licn:� I" QU sarlsOcKon of L-het�F! r -c -side d h
Dopartmevc, In addicimi, rV ouncorns of the North Andovrr Board of Sejecriwn
were presented, with o wrincri surrnarf scacemenc to follow. 'The record of 01'...
ha2ring was 4epc opel., for wrir.wri comments until Apria 2, 1982.
V
Wi I I i arl F Hicks C-t—ni i sni Ono r
pagc.' 2
The I �par�monc rt-coivc-d timely writtL-n cormte(jc!� from the Twwn of Norr),
Andovcr-an� froi;: Wost ern Ftvct ric Company. The concern c:xpresscd bY '-'0SCvrn
Electric relaced to anticipaLvd vehicullir tralfic rout�!S and the reCOr-tmendac;,r,,-.
for .3 ie:(:,�sA r(ij(j or major rQconscrticcion of Rnucu 125. ThiS Conc-2rn
was 31-M Q -le I)[ th-.' (-xnressad by the To, -n of '4urth Andover. Th I:
comnencs submitc.�d hy Lho "row -n. of North Andover included: sign! ficant up-
.0rading (if POULe L-25 and Holt to VIlat
R u, ' 3d; designation by ch, sol-ect . mo -1 as I
routes the trucks will travel to ch,�- plant, Selec.cMieni s approval be - i.vc-.n
prior to any capaciL-,' r?xpan.sion L)f tile plant he ' .,ond I-SOO tons per day: currenr
environmencal sranJnrd.i be maintained at all t4mEs; and Selectmun be' 7-iven
or)r)ortunic*/ to roview .2nd cn=etic on cxcerior architectural design of ch
Tile o*- Frivirc-i-mor.cal Qdalicv Engincering, after considerat-on
or all tll,,
.ri,-In -,ivnilnblt�, and in accordance wfth the provisions of
S,.-ctlon -150,% uf ChapLor III Of L110 IMass.achusccc.,4 General has detcr-miiied
tht- prcpns(�d %ISP 0. this. land for the conscruc�ion of a ,iolid waste /orio rvy
rocnvc-ry racilit) Tile DOParCM-ent llerchv issigns this land
for -itich purpo,-;o, 11ril-vi-1--c! that the facility be constructt-dand operacc!d in
accnr�ar.cc wich th... :?iz-p.:rcmi-ir's reg.ulacJons and Cho approved e
nlqinc�ering plans
Su . br.."ttt?d L)II C111- 1$r0.'%:( L and 'providod furthcr Chat (1) ZI-Copv ot the agreemvnL
tile: 1JL1Pal77.M-.-:lL .': Pub] ic: Works and th%.! Deuarment -1
d Bolt P - c L! d r I., C 11 i
'na mont cp ni)9radt.- i,*',,*,,,,, 121 an 1, 1 H, o 8 d h) q s L b m i c c dt c 11 �J DTe --,p—a r �tm e n c.
-i(.- Norch An6o-.-,�!r !i.inrd I- Se ccmin shail a-ree wich desi-nated rour-c-s of
11 de�
t
r C
\ocLh A. Sc c cm in s _I I , 'r 0 �'L
Cr --.'QJ LO thL' Plant JI.j E tile)- have authority cc, dc-siZnate specif ic routes
of crucks using local roads (I
ch�2 planc shall not be expandoIi be-,ond 1500
cons P�r ti;,ly wi Lhouc Ro�ird of St!lIaccmc:n'�� approval, (4) Cho pnrtic--�ace
r.2c%- Ur t shall not oyct�ed 0.05 grnins ner dry standard
fooL torruccc.d vo u,.)I: 1111der aiiy Operating condicions: (3) the Soleczmcn
g i v r -.-,l Url I t V aud cormenc on chc cxc%2rior architectural dt2s-ign al-
Lhe rncilit"..
Anvnne avcriev'
acCion of the Deparcmcnc �mav reqtiest: ain adjtirlicatnry
hearing wichin twC.-rlL%—orI r1n)-s of tile date of this accion. The request must he
m.ado in %:rltinj: and n, C.]L-arly and concisely even. point of fact ind J�aw
vhich tliv, ' pt -l -Son makill�' (.11t.- *rL'(,U0St 111CL-Ild.1; to raise at the adjudicatory hcarin�,.
'File r(:qli,��,L Inlist 10: Dock-ec Clerk, Dopartment of-Environment':aJ.—
Qualicv Fligi-n-(,riny_ uF General Counsel, 0-ne Winter Street, 9ch Floor,
Boorun,
The DeparLMC-T--C I,,,i3 1 with vou -r'L:rLher relative to the rL-vie�-' of
the cn�jn(ivring plail.-; or. this project and ocher related r-Lacter!-..
cr-ulv yours,
Hilaire, P.E.
W i 11 J a M t
Regional E vixonmencal Fngint-or
W S H
Sk.'-:., a C t ached .1 i r
Will.l.in F. H. Hicks'. C, imm i i onc, r
Y, I
''1982
a,4 u 2
cc: Boa -d of Selvcnmon.. Town Hall , Norch Andovc-.r, Ha.z;s. ()] 9A0
Board uf Healrh, 'Town Hall, North Andover, Nass. nl�60
Executive Officr! of Eiivironmi"ental. Affairs, �FEP,\ Vnlr, S.-iltnTist;.11 BU:I
Cam�ridge Stre,?t, 20,th Floor, Boscon, MaSs. C),, -n -
Off i cv of At torney Gotu:ral , Env'ironmencal Proceccion
Place, Boston, ylass. 02 1-02
Deparmenc of Environmental Quali tv Engincoring, Office of General Co-jr1sc-I
One Win�er St:rc-c-c-9th Floor, Bostcn, Mass. 02108
Deparcment of Envirotimuncal Qual ity Enpince ring, Division. of lfzznrdou.�
LjeparMeTIC of Envirunmcncal Q u a I i t Engineering,' Divis-ion of Air uji
U'ustern Jh0(j o.sgood Strecc, .ndover, %fas-s. 01845
A t: E on t ior:: John Connors
I.;i U.;? J0 I -it 40 rLA jV0 000kp�)�)o !NuVia -UNDUVzA 4111 U
1985
'Ihe- Board held- their regular fteeting'on this date with all members- present: chairman_ (t1ristine
M. Raith, Td-m*W. Graham, Charles A- &al�l Kenneth C. Crouch, prancis X. Djgan, and
Zxecutive Secretary Keith A.- Bergman. . The warrant of2-11-85 was approved tumnim=iy and
the MinuteS.Of 2-4-85 were approved 4-1 (Selectman DW
jan abstaining)
txic/New Emland TP-laphone - Pole*on Su=ber SL_
The board -Voted Unanimously to approve a petition to Install —ane support pole on Summer St.
Police Grievance je2:EiM Continuation
A hearing was continued- to this date on Lhe Step 3 grievance filed by the Police Union regarding
the mwunt_o.�_vacaton t:,.rm posted for officers Alosky, - Crane, Lynch, pat1jaude, Pickard,
Quinlan, and Soucy. After considerable discussion, the Board found that it would be best Lo
follow past.practice in settling this greivance, and that it appears that earh officer Is
credited in January with the amount of vacation t. -We to be accrued in that calendar year as
a result of reaching. an anniversary date, and that the contract specifically defines the
vacation Year as* being from January 1 LO December 31. The Board voted wanimously, therefore,
that Officers Patnaude, Pickard, and Quinlan are due no. further vacation; Alosky Crane and
Soucy should be credited with one additional week: Ly1wh W credited with tw weeks for 198.5,
and to direc�t Chief Sullivan to repost the list, accordingly. The Board also noted Lhat under
this system, an officer would pay back the Tczm for any vacation time used but not yet accrued -
3rd Fire station P al
John MCQUIM of the Board of Fire Engineers met with the Board to discuss the possi hl a purchase
of a parcel of land owned by E. Bodge. Mr. McGuire added that this matter will not be submitted
to the annual t%M meeting warrant as the property is not clearly deLined by lw, but will be
suLmitted for the 1986 annual town meeting- lilie Board voted to request Town Co=el to draft
ltr of intent to Yz. Bodge.
Leland PX022M Report
.1he Board renewed correspondence frcm Tmm Planner, Karen Nelson relative to the possible
purchase of 45+ acres of land owned by Yjr. t4mund leland. wiLii a price tacr of $18,500/acre.
'Ihe ccamuttzo formed to study this purchase has suggesLed a feasibility study be- done to assnss
how =ch. of this property is buildable. Chainmn Christine Smith noted that funds may bc
available through a grant.for th6 purdiase. The J�card'voted unanimcusly to request that the
Conservation Cmmssion and the Dept. of PuIblic Works be present at the next meeting to further
discuss this issue.
Discussion Of Office space Distribution
1he Board reviewed requests by the Personnel Bd., Plantiing Bd., I�FSWC and the Charter Ccr.�-
r.nssion (if so elected) , for office spare on the grauxl level of town hall. The Board in-
structed Executive Secretary Keith Bergman to discuss these 'matters further with the PersOnne
Bd. and the Planning Bd- and report On the 25th.
NESVJC - Designation of a Truck Traffic Route to/from Signal -R
Dis-,,zsicn ensued relative to a truck traffic route to the Signal-ReAco facility --for the other
21 NESW matber communities. ed -s- residents felt that Johnson St. and other town roads would
be used as a cut through if Rte. 114 was designated as a viable traffic route. 1Ihe Board voted
unanimously that access be hy.way of the Rte. 125 bypass in Havexhi-11 from 1-495 and that all
other roads in North Andover are specifically off limits; but that commtudties expressing a
hardship will be reviewed on a case-by-case basis.
Appointing a CammitteG to Study Financ�ng the Water Treatment Facility
'jMe Board urkamiTmusly appointed a committee as foLlows: Excc_ Secretary Keith Bexqman, James
Gordon, Public Works Director, Adviscry Bd..'member, Town Treasurer, and Capital Budget Ccnuuttee
to review the financial picture relative to,the,�,;ator treatment facility.
LILMNSL'�G =4krSSIONIERS:
Pro -Rating of Autcmtic Amusement Device License Fees
Executive Secretary Keith Bergman reported that urrier YUL C. 140, S. 177A, there is no provision
for allowing pro -rating, and that in fact, a sentence which provided for pro -rating was struck
in 1981. Selectman Charles Salisbury mcvod to insert: an article at town meeting to allow
for pro -rating on a quarterly basis . Motion defeated- (Dugan, Graham, Crouch opposed) -
One Day Liquor License Request: Merrittack College
The Board unaniacusly approved a requcst for a me day all alcoholic license for, "Irish Night"
March 1 fr= 8 - 1 a.m. in the bt=ay Lounge with a police officer.
Request for Transfer of Fuel Storage Permit of sea & Wharves
Norman Shack and J.Gulde, Attys representing John Ferreira, requested to transfer the fuel
storage permit of Sea & Wharves at the corner of Osgood and Clark Streets. They stated that
Chief Dolan supported this transfer provided that the reli=g of the tanks be approved by h2m.
'.rhe Board voted to schedule a hearing on this liconse application for Fcbruary 25, 1995.
Catherine J. Foley, Secretary Clark
12-96 THU 14: 11
7467766
FPX NO, 67
I"')VVN' (:)I-' Nc)R-rH ANDOVER, MASSACHUSETTS
OFFrCc OF
BOARD OF SELECTMEN
.,non,
SA. IS
April 2, 1982
St
Hilaire
1 Env:L-,nm--:ta1 Engirec:-
c f Environmental QualitY rxigineerin,
e IV Boston Street
..:'n, s,,Ic 11 us C., t t s
02208
St. milairo:
TELEPWoNE: GSZ.(3,,,
NORTHEAST REC-'(,);?,'
I 1 .4
APR 5 1-982
OF ENVIRON
ATY
L
Relative to the site assignment for a resource reco-vet-y facility on Clark Street
Andover, PI . ease be advised tha , t the Selectmen rccuest that the followin
onc bc? placed upon the assignment:
q
Rt- 125 and uolt Road shall be s',nifiC',qntlY uPg-ra�dcd.
The Selectmen shall have the authority to desiF
, n,
truCk-S will t,,.Uvc.,l tQ the pi, -jilt. to what "uutes the
The plant Sim)] not be expanded bcyond 1500 tons a day without
The Sclectrierils approval.
The operator shall GlWaYs meet as a minimum the environ"
melltal
recrul"tions effr--ct on'January 1, 19'79.
Th(, Selcctmci-1 shall L),, given the onportunity -L'o re,,nL�w ancl comm&nt
on the QNterior a rchitOcturnl desip�n. of the fp-uilily.
k 'or Your cOOPe"Lltion in this M.9tter.
very truly yours,
BOARD Or.
'�homas, j'
Chairmmn
-96 TH.0 14,11 7467766 FAX NO. 67
'�.i-rch 24,
Solid Qaste/L'-llcv,L?y Recovery
Facility of:�� Clark- Strcer, No-.
11, a c
N
P. 05
m
ZE
t�EC,- -96 THU 14: 11 �7467766 FAX NO; 67
2. P. 05
am
A
FI.
PU'—:'T-rC N"...iirch 241 2
R P.. Zor
Solid Vas ce/ L --,,y Recovery
'Facility of C I a r'r- S t re cr,
��2ver,
N
rT-
CD
t:D
C17
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town Clerk.
TOWN OF NORTH ANDOVER
MASSACHUSET75
BOARD OF APPEALS
NOTICE OF DECISION
Premises: 4 Summer Street
J0 y C.;
T
NORTH !�`IH)f�Y!
DLU J 2 o 1L
NAME: City of Haverhill DATE: 12/17/98
ADDRESS: 4SummerStreet PETITION: 044-98
Haverhill, MA 01830 HEARING: 11/10/98, 12/8/98 & 12/17/98
The Board of Appeals held a special meeting on Thursday at noon December 17. 1998, upon the application of
City of Haverhill, 4 Summer Street, Haverhill, MA requesting that the Board of Appeals vacate those conditions
in the site plan approval of the MRI retrofit project, which required specific routes to be followed in connection with
the operations of the project. The permit granted by the Planning Board was based upon a special condition that all
trash trucks entering or exiting the MRI facility be routed through the City of Haverhill (the "special condition"). And
that the site plan approval exceeded the authority of the Planning Board under the North Andover Zoning bylaw in
imposing conditions mandating certain designate truck routes.
The City of Haverhill filed the appeal with this Board on September 24, 1998. The City makes clear in its filing that
it is only contesting Special Condition 1 (a) of the Site Plan Decision. In that condition, the Planning Board
designated a route for trash trucks to take to enter and exit the facility. The designated route as set forth in the Site
Plan Decision is Interstate 495, to the Ward Hill/Route 125 connector, to Route 125, to Holt Road. The Planning
Board, represented by counsel, appeared at the hearing and requested that the Board affirm the Site Plan Decision,
but as modified as set for in their decision of 12/15/98. The modification would delete Special Condition 1 (a) to
make it clear that the Board of Selectmen, and not other town boards, has the authority to designate a truck route.
The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone, Scott
Karpinski.
The regular hearing was advertised in the Lawrence Tribune on 10/27/98 & 11/3/98 and all abutters were notified
by regular mail. The special hearing was posted on the Town Clerk's board 98 hours in advance of the 12/17/98
special hearing.
Upon a motion made by Raymond Vivenzio and seconded by John Pallone, the Board of Appeals voted to DENY
the petition of the party aggrieved and to uphold and affirm the decision of the Planning Board dated
12/15198 relative to a minor modification applicable to the following language. At their meeting on December 15,
1998 the Planning Board voted to modify their site plan review special permit decision dated August 25, 1998 for
the above referenced project as follows: Delete paragraph 1 (a) and replace with the following language:
See attached letter from Richard Rowen, Chairman, Planning Board date stamped 12117/98 titled: Minor
Modification - Refusetech, Inc., 285 Holt road, Site Plan Review Special Permit.
BOARD OF AF I -.S A
< 2AJP'L'AA*._
William J. Su an, Chairman
Zoning Boa ofAppeals
attachment pages 1-7
/decoct/25
Of ORTN 11
e � 5, " 1, - 0
0
T 0 V,!!, I
NORTH !11:11 1,
Oo
SACHUst
DLI �J 0
TOWN OF NORTH ANOOVER
MASSACHUSETTS
/-//, �/7 —
Any appeal shall be filed BOARO OF APPEALS
within (20) days after the
date of filing of this Notice
in the Cffice of the Town Clerk. NOTICE OF DECISION 14 97dp
Premises: 4 Summer Street
NAME: City of Haverhill DATE. 12/17/98
ADDRESS: 4SummerStreet PETITION: 044-98
Haverhill, MA 01830 HEARING. 11/10/98, 12/8198 & 12117/98
The Board of Appeals held a special meeting on Thursday -at noon December 17, 1998, upon the application of
City of Haverhill, 4 Summer Street, Haverhill, MA requesting that the Board of Appeals vacate those conditions
in the site plan approval of the MR] retrofit project, which required specific routes to be followed in connection with
the operations of the project. The permit granted by the Planning Board was based upon a special condition that all
trash trucks entering or exiting the MRI facility be routed through the City of Haverhill (the "special condition"). And
that the site plan approval exceeded the authority of the Planning Board under the North Andover Zoning bylaw in
imposing conditions mandating certain designate truck routes.
The City of Haverhill filed the appeal with this Board on September 24, 1998. The City makes clear in its filing that
it is only contesting Special Condition 1 (a) of the Site Plan Decision. In that condition, the Planning Board
designated a route for trash trucks to take to enter and exit the facility. The designated route as set forth in the Site
Plan Decision is Interstate 495, to the Ward Hiil/Rcute 125 connector, to Route 125, to Holt Road. The Planning
Board, represented by counsel, appeared at the hearing and requested that the Board affirm the Site Plan Decision,
but as modified as set for in their decision of 12/15/98. The modification would delete Special Condition 1 (a) to
make it clear that the Board of Selectmen, and not other town boards, has the authority to designate a truck route.
The following members were present: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallcne, Scoft
Karpinski.
The regular hearing was advertised in the Lawrence Tribune on 10/27/98 & 11/3/98 and all abutters were notified
by regular mail. The special hearing was posted on the Town Clerk's board 98 hours in advance of the 12J17/98
special hearing.
Upon a motion made by Raymond Vivenzio and seconded by John Pallone, the Board of Appeals voted to DENY
the petition of the party aggrieved and to uphold and affirm the decision of the Planning Board dated
12115198 relative to a minor modification applicable to the following language. At their meeting on December 15,
1998 the Planning Board voted to modify their site plan review special permit decision dated August 25, 1998 for
the above referenced project as follows: Delete paragraph I (a) and replace with the following language:
See attached letter from Richard Rowen, Chairman, Planning Board date stamped 12/17/98 titled: Minor
Modification - Refusetech, Inc., 285 Holt road, Site Plan Review Special Permit.
BOARD OF APPEAL
William J. Sull van, Chairman
Zoning Boar J of Appeals
attachment pages 1-7
/decoct/25
V&ORT.
.6
. .44,10.
S S US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
4ra"' I " z
e,
1710
IA'ew:
BOARD OF APPEALS
The Minutes of the Meeting:
Zoning Board of Appeals
27 Charles St.
North Andover, MA 0 1845
14
�" all�
The Board of Appeals held a Special Meeting on December 17, 1998 at noon in the Town
Hall conference room, basement level. The following members who were present:
William J. Sullivan, Chairman; Walter F. Soule, Vice Chairman; Raymond Vivenzio,
Clerk; John Pallone, Scott Karpinski.
Special Meeting:
City of Haverhill
4 Summer Street
Haverhill, MA 01830
Chairman Sullivan opened the meeting at noon. Attorney Ashod N. Amirian, City
Solicitor, was present as was Martin Healey of MRI. Kathleen Bradley -Colwell, Town
Planner was present to represent the Planning Board. Chairman Sullivan asked how the
Planning Board voted last night at their meeting relative to the City of Haverhill petition.
Kathleen Bradley -Colwell stated that at the Planning Board meeting on December 15,
1998 the Planning Board voted to modify their site plan review special permit decision
dated August 25, 1998 for the referenced project as follows: Delete paragraph I (a) and
replace with the following language: see attached letter from Richard Rowen, Chairman,
Planning Board date stamped'12/17/98 titled: Minor Modification - Refusetech, Inc., 285
Holt Road, Site Plan Review Special Permit.
Raymond Vivenzio asked if Atty. Amirian was in agreement with this change? Raymond
Vivenzio also asked if the City of Haverhill.is. still -a party aggrieved?
Atty. Amirian stated-tha-ii.-he-is asking the Zoning Board of Appeals to adapt t'h'e",languag4
of the PlaM�pg_Board and then Atty. Amirian will drop the party aggrieved.
/ Y I I-
1A I V
Vice Chairman Soule asked if anyone wanted to speak regarding this issue? Atty. Ken
Kimmell stated that this is one of those rare votes which satisfies everyone and which puts
the whole issue of truck routes on a clear footing and that we are on a way to a settlement
and this is a good and legal thing to do.
Vice Chairman Soule asked if this would clear any or all issues of both Boards? Atty.
Kimmell said that it would clear any issues of both Boards.
Upon a motion made by Raymond Vivenzio and 2nd by John Pallone, the Board of
Appeals voted to deny the petition of the party aggrieved and to uphold and affirm the
decision of the Planning Board dated 12/15/98 relative to a minor modification applicable
to the following language. At their meeting on December 15, 1998 the Planning Board
voted to modify their site plan review special permit decision dated August 25, 1998 for
the referenced project as follows: Delete paragraph I (a) and replace with the following
language: See attached letter from Richard Rowen,, Chairman Planning Board date
stamped 12/17/98 titled: Minor Modification - Refusetech, Inc, 285 Holt Road, Site Plan
Review Special Permit.
Voting in favor: William J. Sullivan, Walter F. Soule, Raymond Vivenzio, John Pallone,
Scott Karpinski.
The meeting adjourned at 12:15PM
AOt-, -2-
0 0-0 0-0-00 0 0 0 0 0 0 0-0
9L
OIL
72-
k -,-o 0-0010
tp V-
ui
All'
2� /sc-,e.
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
spg-c���
The Zoning Board of Appeals will hold a special meeting pursuant
to the appeal of the City of Haverhill, 4 Summer St., Haverhill
MA., as a party aggrieved requestin . g that -the Board of Appeals
vacate those conditions in the site plan approval of the MRI
retrofit project, which required specific routes to be followed in
connection with the operations of the project.
DATE: . I December 17, 1,998 (Thursday)
TIME: .12:00 o'clock (noontime)
LOCATION: Town Hall conference room (kasement level)
120 Main Street, North Andover, MA 0 1845
By order of the Chairman of the Zoning, Board of Appeals
William J. Sullivan, Chairman
cc: Joyce Bradshaw/Town Clerk
44
BOARD OF APPEALS DECISION
Decision
Massachusetts REFUSETECH,INC.* Petition No.
285 Holt Road
North Andover, MA 01845
Appeal of Site Plan Special Permit
This matter comes befor e the Board of Appeals upon petition of the City of Haverhill
("the City") , which appealed a portion of a Site Plan/Special Permit ("Site Plan Decision")
issued by the North Andover Planning Board ("Planning Board") on August 25, 1998, to
Massachusetts Refusetech, Inc. ("MRI"). The Site Plan/Special Permit granted approval of
MRI's.proposed retrofit of a resource recovery facility located on Holt Road.
V-4 The City ofNHaverhill filed the appeal with this Board on September 24, 1998. The
City makes drear ini its filing that it is only contesting Special Condition I (A) of the Site Plan
Decision. In that condition, the Planning Board designated a route for trash trucks to take to
enter and exit the facility. The designated route as set forth in the Site Plan Decision is
Interstate 495, to the Ward Hill/Route 125 connector, to Route 125, to Holt Road. Pf�opff
P,ot-ice-was-g-We-n-,-a,nd-hear-i-ng,s-w.e,r-e—h-e-ld-on- -Novemb-eT-1-0,-1-99-8,—and--Deeen-rber-8-, -T99F8—
The Planning Board, represented by counsel, appeared at the,hearing and requested that
the Board affirm the Site Plan Decision,, but as modified as set forth'in V4�fM`4-V14R
RQwen-to-thfrBroaT&. - The modification would delete Special Condition I (a) to make it clear
that the Board of Selectmen, and not other town boards, has the authority to designate a truck
route.
RULING
Upon duly made and seconded motions, and for the reasons set forth below, this Board
hereby grants the req++e-st of the Planning Board.
1 This Board deletes paragraph l(a) of the Special Conditions and replaces that
paragraph in its entirety with the following language:
(a) The North Andover Board of Selectmen has designated a route for trash
trucks entering and exiting the MRI facility. The term "Designated Route" as used below
means the route that the Board of Selectmen has designated, as may be amended over time.
-0
2
FINDINGS AND REASONING
1 . The Board assumes, without deciding, that Section 10.4 of the zoning bylaw
allows an aggrieved person to appeal a site plan decision of the Planning Board to this Board.
The Board also assurnes, without deciding, that the City has standing as a "person aggrieved.'
Nothing in this decision shall be construed as a ruling as to whether such an appeal generally
lies from decisions of the Planning Board, or as a ruling that a neighboring municipality has
standing to challenge decisions of any boards of North Andover.
2. On the basis of information submitted by counsel for the Planning Board, it
appears that in 1982, the Department of Environmental Quality and Engineering issued a site
assignment for the resource recovery facility. At the request of the North Andover Board of
Selectmen, the DEQE included the following condition to the site assignment: "[that] the North
Andover Board of Selectmen shall agree with designated routes of travel to the plant and that
they [sic] have authority to designate specific routes of trucks using local roads
3. Exercising this authority, on February 11, 1985 the Board of Selectmen
designated a route for trash trucks entering and exiting the MR1 facility. Minutes from that
selectmen's meeting state as follows: "The,Board voted unanimously that access be by way of
the Rte. 125 bypass in Haverhill from 1-495 and that all other roads in North Andover are
specifically off limits; but that communities expressing a hardship will be reviewed on a case-
by-case basis."
4. There is no evidence that this designation of a route was ever rescinded or
modified by the Board of Selectmen. Thus, this is the designated route Linder the site
assignment which allowed this facility to be built and operated, and which still governs the
operation of the facility today. G. L. c. I 11, § 150A.
5. The Planning Board also designated the same route in the Site Plan Decision.
By letter of the chairman of the Planning Board, this Board understands that the Planning
Board intends next Tuesday to modify the.Site Plan Decision as set forth above, in order to
make it clear that the Board of Selectmen have been given this authority.
6. With that anticipated modification, the Board hereby affirms the Site Plan
Decision of the Planning Board. This Board requests that the Planning Board transmit a copy
of any action it takes at its next scheduled session.
1:\C-LIENTMNAN\zbamod2.mn
3
North Andover Board of Appeals
By:
,7SA U
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
M -E -M -O -R -A -N -D -U -M
TO: Richard Rowen, Chairman, Planning Board
Kathleen Bradley -Colwell, Town Planner
FROM: William I Sullivan, Chairman, Zoning Board of Appeals-�4
o"O
DATE: December 9, 1998
SUBJECT: City of Haverhill, party aggrieved of the Planning Board
At last night's Zoning Board of Appeals meeting (12/8/98) the City of Haverhill's petition was heard. It
was decided that because of some special considerations relative to the request of Attorney Ken Kimmell,
and requests relative to the modification of the decision made by the Planning Board, the Zoning Board of
Appeals voted to continue the petition and to hold a sMial meeting on 12/17/98 (at noon) in order to
bring this petition to a close.
I would welcome the opportunity to talk with you regarding this matter at your earliest convenience.
Thank you.
ml/kath
12/08/1998 14: 51
508-470-6077 PMSC
PAGE 02
Townof North Andover
0MCE OF
COMMUNITY DEVELOPMENT AND SERVICES
27 Charles Strtet
45
WU-LL.Am I SCOTT
North Andover, Massachusetts 01945
Diruclor
4C
(978) 688-9531
Fax (978) 688-9542
8 December, 1998
Mr. William Sullivan
Chairman, North Andover Zoning Board of Appeals
Dear Mr. Sullivan:
Thank you for the opportunity to submit this letter in connection with the appeal of the City of
Haverhill from the Site Plan decision of the Planning ]Board for the retrofit of the Massaebusetts
Refusetech, Inc. ("MRF) facility at 285 Holt Road.. We understand that the City of Haverhill is
challenging Special Condition I (a) of the Site Plan decision which establishes a Designated Route for
trucks going to and from the facility,
Since the Planning Board rendered its decision, we have learned that the state site assignment for the
MR1 facility granted the North Andover Selectmen authority to designate routes to and from the
facility. In fact, the Selectmen designated those routes by their vote on February 11, 1985.
Accordingly, the Town Planner is recommending that a minor modification to the Site Plan Decision
may be warranted. Specifically, it may be warranted to delete Special Condition I (a) from the Site
Plan decision and replace it with the following language;
(a) The North Andover Board of Selectmen has designated a route for trash trucks entering
and exiting the MRI facility. The term "Designated Route" as used below means the route
that the Board of Selectmen has designated, as may be amended over time.
The Planning Board unanimously believes that this minor modification of Special Condition l(a), as
reconu-nended by the Town Planner, is appropriate. As you know, the Town Planner has authority
under the North Andover Zoning By-law to make minor Site Plan modifications. The Planning Board
has placed consideration of ibis matter on the agenda for its regularly scheduled meeting next week.,
At that time� it is expected that the Planning Board will support the recommendation. of the Town
Planner and approve this minor modification of Special Condition I (a).
The Planning Board respectfully requests the Board of Appeal to affirm the Site Plan decision with
this anticipated modification.
Thank you for your consideration of this information
Sincerely yours,
cc:
Richard S. Rowen
Chairman, North Andover Planning Board
members Zoning Board of Appeals
members Planning Board
Town Planner
BOARD OF APPLALS 629.9-Ul BULDING 6M9545 CONSERVAT70N 6W9S30 HEALTH 699-9340 ?).ANNrNG 6W9535
12/08/98 13:56 FAX 508 6889556 NORTH ANDOVER
TOWN OF NORTH ANDOVE R
OFFICE OF
TOWN. MANAGER
.120 MAN STREET
NORTH ANDOVER, MASSACRUSETTS 01845
Robert J . Halpin
Town Manager
Zoning Board of Appeals
Town Hal I
120 Main Street
North Andoyer, MA 0 1845
Dear Members of the Zoning Board of Appeals:
-1
10002
,,,'4�
Telephone (978) 688-9510
FAX (978) 688-9556
I understand that pending before the Zoning Board of Appeals is the City of Haverhill's
appeal of the Site Plan Decision issued by the Planning Board. I also understand that the Board
may be entertaining a modification to Special Condition I (a), which designates the Ward Hill
connector as the route for trucks entering and exiting the MRI facility. The modification would
make it clear that the Selectmen have been given the authority to designate a route for this
facility, and that the Selectmen voted in 1985 to designate the Ward IEU connector as the
appropriate route.
Please be assured that the selectmen have not modified or rescinded this designation.
Also please be assured that the Selectmen remain committed to that designated route, and that I.
have been working for a number of years to
'Oe�isea ethod of eUfOTCing that route.
Very tr34y
Halpin
T
f,,-
OCT -21-i998 10:57 DERNSTE I N, CUSHNEP.&K I NPIELL
U
FAX COVER SHEET
BERNSTEIN. CUSHNER & KIMMELL, P.C.
ATTO S AT LAW
ONE COURT STREET, SUITE 700
BOSTON, MASSACHUSETTS 02108
Telq)hone: (617) 742-4340
Facsimile: (617) 742-0170
E -Mail: kkimmell(Mbck.com
www.bck.com
DATE: October 21, 1998
TO: Maly Lealy-1ppolito
FROM: Kenneth L. Kimmell
7420170 P.01
CLtENT/CASE NO: NAN-VARE
FACSDWILE NO: 978 688-9556
COMMENTS. Alark-up of your draft of the public hearing notice. PIS. note that it iS
likely that HaveAW will seek a continuance of the heaTing. However, we may not have that
request in wri6ng before tomorrow's publication deadline. Thus, unless you hear from me
pis. go ahead and publish this notice.
NUMREp
, OF PAGES (INCLUDING COVER SHEET) BEING TRANSMITTED: 2
pl_pASE CALL (617) 742-4340 IF ALL PAGES ARE NOT RECEIVED.
STATEAMVT OF C0NFJDENTL4WT
This jbcsimile transmission conAlins ixfOrmadOnftOm the law firm of Bernsten,
CWhn,_r&"pnmeU,p.c. 1we information contained is confidential andlor privileged.
wd it ILl intended only for the use o
f the addressee named on the VansMival sheet. If
pm are not the intended addressee. please note that any disclosure. WPYing,
distribution or use of thisfaxed infomatiOn is PrOhibited- If YQu rEceive th's facs"n'le
in mvr. pk=e moso us at (617) 742-4340.
10/21/98 10:44 TX/RX NO.2180 P.001 N
BERNSTE I N, CUSHNER31K I MMELL 7420170 P. 02
tvo I j—U V - r .j Of I �
'� Ji
aw
Notice is hereby given 1hjkt the Sowd of Appe4al will hold a public hearwig at the
SeNor Center, 12OR Main SL, North Andave MA an Tuesday the i& day of
'c 1
November 192k at 7:30 PM to all ponies 17 ed in the appeal of City of Havorhill,
4 Summer Street, Haverhill, MA, 01830, as a rty aggrieved requests that the
.1..t . .
in 20*ftcm ,
Board of Appeals vacate V)mw conatiom . Me I 1 1, ~ mWired apeOtc
tions of the prdle*. The permit
routes to be followW in connection with the oA
granted -by the Planning Board was basecl upon a spedal condition that all tmsh trucks
entering of gAting thatdilty be rerouted through the City of Haverhill (the *special
-he s _.
condition'). 1 condition requires all trash trucks entering the MRI facility to
%nc
f
trovel hm Route 495 the Haverhill exft, to the Routs 126/Ward Hiff Connector
through Haverhill, to ute 125 South in Haverh0l, to Holt Road in North Andover, and
ro
to follow the same rout upon eyisting MR] facility (the "designated routem). And that
IV
Va
the site, plan app al i ad the authority of the Planning Board under the North
aw
w I rT
Andover Zoning 1 imposing contifflons mandating ceritain designated truck
MtAes.
Said premises ~9d is property knoym as Massachusetts Refusetech, Inc. (MRI)
mdth frontage on 285 Holt Road, North Artdover,,ohich is in the 1-2 ZoKuV DistricL
Ptans am mmil.able for review at the Office of the BuDding Dept, Town Hall, 120 Main
Street, MoMay through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
PubUshed in this Eagle Tfturie on 10127= & 1113M.
hVirm/7
�:V' 0, �_ :,?,
TOTRL P.02
10/21/98 10:44 TX/RX NO.2180 P.002 0
DEC -07-1998 10-13 BERNSTEIN,CUSHNER&KIMMELL 7420170 P.05
QUESTIONS FOR HAVERMLL
L is it correct that the City is only challenging that pw of the Site Plan decision that
refieirenecs a truck route? You are not challenging the approval of the project itselP
2. Does the City own any property located along the designated route?
3. What specific harms will the City suffer as a result of the Planning Board's decision?
4. Are these harm dtff=nt in kind or &V= from the types of hasm that members of
the public gencrally would experience by virtue of the Planning Board's -decision?
5. What is the basis of the City's claim that it is a person aggrieved?
6. What are the City's objections to this designated route? Why isn't it appropriate to
direct truck ti-affic onto an interstate highway (Route 495), and have the trucks get off at the
nearest emt (the Ward Hill connector), rather than using local roads in North Andover?
t:%CLUW"AM\ftAV%VCMMffd�
TOTAL P.05
DEC -O? -1998 10:1.1 BERNSTEIN,CUSHNER&KIMMELL
FAX COVER SHEET
BERNSTEIN, CUSHNER & KIMMELL, P.C.
ATTORNEYS AT LAW
ONE COURT STREET, SUITE 700
BOSTON, MASSACHUSETTS 02108.
Telephone: (617) 7424340
Facsimile: (617) 742-0170
E -Mail: kkimmell@bck.com
I www.bck.com
DATE: December 7, 1998
TO: William Sullivan
Marty Healy
Kathleea Colwell
FROM: Kenneth L. Kimmell
P. 01
CLIENT/CASE NO: NAN.Whe
FACSIM1LE NO: 978 687-3523
523-1231
978 688-9573
COMMENTS: Revised draft of proposed decision. See,especially new paragraph I
under the "Findings and Reasoninr section which makes it clear that the ZBA is not deciding
that appeals of this nature are prow.
NUMBER OF PAGES (INCLUDING COVER SHFFn BEING TRANSMITTED: 4
PLEASE CALL (617) 742-4340 IF ALL PACjES ARJP_ NOT RECEIVED.
STA7FAdF-NT OF C0NFJDENTW17Y
7Vsf"jimik trantsmission' contmm in
.formationfrom the lawfirm of Dentstein.
CALrhner&JUmmel1,P-C. 77ke information contained is confidential andlor privileged,
and it is intended only for the tue of the addressee named on the mmsmittal sheet. If
you are am the intended addressee, please note that any disclowe, copymg,
distrftdon or use of thisfaxed information is prohibited. if you receive thisfacsimile
in erw, pkase nodfy us at (617) 742-4340.
INTERNAL ROUTING INSTRUCTIONS to chron, with extra copy to Ken
I&L.-U (*- I t1t1d IIJ I I
8tRNSiE1N,CUSHNER&K1MMELL
BOARD OF APPEALS DECISION
Massachusetts REFUSETECHINC.*
285 Holt Road
North Andover, MA 01945
Appeal of Site Plan Special Permit
Decision
Petition No.
'74120170 P. 02
This comes before the Board of Appeals upon petition of the City of Haverhill
(Othe City") , which appealed a portion of a Site Plan/Special Permit (*Site Plan Decision')
iswed by the North Andover Planning Board ("Planning Board') on August 25, 1998, to
Massachusetts Refusetech, Inc. ("MRI"). The Site Plan/Special Permit granted approval of
MRI's proposed retrofit ot a resource recovery facility located on Holt Road.
The City of Haverhill filed the appeal with this Board on September 24, 1998. The
City inakcs clear in its filing that it is only contesting Special Condition I (A) of the Site Plan
Decision. In that condition, the Planning Board designated a route for trash trucks to take to
enter and exit the facility. The designated route as set forth in the Site Plan Decision is
Interstaw 495, to the Ward Hill/Route 125 connector, to Route 125, to Holt Road. Proper
notice was given, and hearings were held on November 10, 1998, and December 8, 1998.
The Manning Board, represented by counsel, appeared at the hearing and requesteid that
the Board modify Special Condition I (a) and related language in Special Condition I (c) to
make it clear that the Board of Selectmen, and not other town boards, has the authority to
designate a truck route.
RULING
Upon dLdy made and seconded motions, and for the reasons vA forth below, this Board
hereby grants the request of the Planning Board.
I . This Board deletes paragraph l(a) of the Special Conditions and replaces that
pa; ag; aph in its entirety with the following languagc:
(a) The North Andover Board of Selectmen has designated a route for trash
trucks entering and exifing the MR] facility. The term *Designated Routew as used below
DEC -07-1998 10;.12 BERNSTEIN,CUSHNER&KIMMELL 7420170 P.03
2
means the route that the Board of Selectmen has designated, as may be amended over time.
i 11M Board hamby adds the phrase "with the consent of the Board of Selectmen"
in two places in paragraph (c). it also deletes the last sentence 'which states "To the extent that
there is any conflict between the Designated Route and the Board of Health regulations, the
latter shall control." Hence, paragraph (c) now states as follows:
(c) With respect to the hauling of municipal solid waft 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 Planmng Bond understands that
with the consent of the Board of Selectmen, the Board of Health is in the process of
piromulgating comprehensive regulations designed to address trash awk 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
addmssed by the Board of Health, with the consent of the Board of Selectmen, MRI shall place
language in all now contracts, and in aU renewals of existing contracts, requiring MM
Contract Haulers to comply with any applicable truck route regulations that may be issued by
the Board of Health for such trash trucks.
3. Insofar as the City requested that this Board vacate Special Condition I (a), the
Board hereby puts that appeal by m2ki g the modifications to the Site Plan Decision
specified above.
FERDINGS AND RIELASOKING
I . Ile Board ammes, without deciding, that Section 10.4 of the zoning bylaw
ENows an aggrieved person to appeal a site plan decision of the Planning Board to this Board.
The Board also &Mmcs) without deciding, that the City has standing as a Verson aggrieved.'
Nothing in this decision sh&U be constmed as a ruling as to whiether such an appeal generally
fies, from decisions of the Plmmg Board, or as a ruling that a neighboring municipahty has
soumfing to challenge decisions of any boards of North Andover.
2. on the basis of information submitted by counsel for the Planning Board, it
appears that in 19V, the Department of Environmental Quality and Engineering iswed a site
assignment fbr the resource recovery facility. At the request of the North Andover Board of
1 - -- - -en, the DEQE included the following condition to the site assignment: `[that] the North
Andover Board of Selectmen shall agree with designated routes of travel to the plant and that
they [sic] have authority to designate specific routes of trucks using local roads
DtL__Uf_i'jjd btKIAb I t I N P L_UbhNtk&K I ITIELL P. 04
3. Exercising this authority, on February 11, 1985 the Board of Selectmen
designa!ed a route for trash trucks entering and e;utmg the MRI facility. Minutes from that
selectmen's meeting state as follows: *The Board voted unanimously that access be by way of
the Rte. 125 bypass in Haverhill from 1-495 and that all other rbads in North Andover are
specifically off lim ts; but that communities expressing a hardslup Win be reviewed on a case-
by-case basis. w
4. There is no evidence that this designation of a route was ever rescinded or
modified by the Board of Selectmen. - Thus, this is the designated route under the site
. gnmezit which allowed this facility to be built and operated, and which stiff governs the
operation of the facility today. G.L. c. I 11, § 150A.
5. The Planning Board also designated the same route in the Site Plim Decision.
There is no facial conflict between the Selectinen's designation and the Site Plan Decision.
However, this Board concurs with the sutements of the PlAnni 9 Board's counsel that the
Selectmen have been given specific authority to designate the route for a -ash trucks accessing
this ftcthty, and that therefore other town boards should defer to that auamty. Accordingly,
with the consent of the Planning Board, this Board. has modified Special Condition I (a) to
make it clear that the designated route is that which the Selectmen have designated, as way be
amended over time. The Board also makes other minor changes to the language in Special
Condition I(c) to again clarify the primacy of the Selectmen's role in this issue.
North Andover Board of Appeals
By:
vicLannSWANUMOC.20
Cct 27 86 12:34p
CITY SOLICITOR
BradPord Place
via fax: 688-9556
(9761 372-0686 P.1
)L
OCT 2 8 1998
OARD OF APPEALS
- 1W A
. w"v 1B
CITY OF HA VERH ILL
MASSAGHUSETTS
October 28, 1998
Zoning Board of ApPeals
Town Office
120 Main Street
North Andover, MA 01845
Re: City of Haverhill- Zoning B-oard of.Appeals, North Andover
Gentlemcnp
Please be advised that a I-iearing is scheduled for
Tuesday, November 10, 1998. The petitioner, the City of
Havehrill, hereby waives the time constraints and wishes
a continuance until your meeting of March 9, 1999.
Thank you very much.
ANA: ph
Ver t uly yours,
)-'y yo���
Ash6N. Amirian
City solicitor
145 South Main Street
p,0. Box 5038
Bradford, MA 01835
1-978-372-8531
10/27/98 13:37 TX/RX NO.2274 P.001 0
a
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
SAecial Meeting
The Zoning Board of Appeals will hold a special meeting pursuant
to the appeal of the City of Haverhill., 4 Summer St., Haverhill
MA., as a party aggrieved req u*estin g that the Board of Appeals
vacate those conditions in the site plan approval of the MRI
retrofit project, which required specific routes to be followed in
connection with the operations of the project.
DATE: December 17, 1998 (Thursday)
TIME- . . . 12:00 o'clock (noon time)
LOCATION: Town Hall conference room (tasement level)
120 Main Street, North Andover, MA 0 1845
By order of the Chairman of the Zoning Board of Appeals
William J. Sullivan, Chairman
cc: Joyce Bradshaw/Town Clerk
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS o1845
Robert J. Halpin
7'own Manager
July 25, 1996
Mr. Steven Rothstein, Executive Director
Northeast Solid Waste Committee
c/o Environmental Futures
530 Atlantic Avenue
Boston, Massachusetts 02210
Dear Mr. Rothstein:
Telephone (508) 688-9510
FAX (508) 688-9556
Recentl we have received complaints that solid waste contractors delivering loads to the
y .7
MRI/Wheelabrator plant in North Andover have been using local collector roads to access the plant. In researching
this issue, I have learned that there is a requirement that contractors delivering trash to the plant on behalf of any of
the twenty-three (23 )) N.E.S.W.C. communities must use the Ward Hill Connector off of Route 495 to access the
plant. The N.E.S.W.C. by-laws provide the Town of North Andover with the right to veto any such change in truck
routes.
I would appreciate your taking steps to notify N.E.S.W.C. communities of this requirement and that the
Town of North Andover will be taking steps shortly to enforce the requirement. At our meeting of August 5" the
Board of Selectmen would like to discuss the subject of truck routes and enforcement with you and the Town's
Chief of Police.
I will be meeting with the plant manager in advance of the August 5" meeting to discuss the matter of the
routes by which private haulers access the plant, and you �jr
,�Jlcome to attend that meeting if you wish.
Very trul your
Ro'bert,J. 1pin,
Town Manage
cc: Richard M. Stanley, Chief of Police
Attorney Joel Bard, Kopelman & Paige
James McIver, MRI
RJH:map
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN MANAGER
20 MAIN STREET.
NORTH ANDOVER, MASSACHUSETTS 01845
Robert J. Halpin
Town Manager
July 8, 1996
Mr. James McIver
Massachusetts Refusetech, Inc.
285 Holt Road
North Andover, MA. 0 1840
Dear Mr. McIver:
Telephone (508) 688-9510
FAX (508) 688-9556
Thank you for taking the time to discuss the complaints which I have been receiving regarding
truck traffic to the Wheelabrator resource recovery plant using local roads to access the plant. There
seems to be a sudden increase of reports of trucks using the Massachusetts Avenue exit from of
Route 495, although neither of us can understand why this would be preferable to the Ward Hill
Connector exit. You indicated that you would try and track down the specific reports I provided you and
to advise contractors that, at a minimum, it is our preference is that the Ward Hill Connector and Route
125 be used to access the plant.
I have asked the Town's permitting departments here to research the site approvals and site
assignment for the plant, since I had been advised that the access routes had been established by either
the permit approval or the contract. I would appreciate the opportunity to meet with you sometime after
July 15th to discuss the subject of truck routes further.
Best wishes, and I hope your having an enjoyable summer.
Very truly yours,
Robert J. Halpin
Town Manager
cc: William Scott, Director, Community Development and Services
Sandy Starr, Board of Health
RJH:map
FebruaXY 11, 1985
'rhe Board held their regular meeting on this date with all members present: (2i-jij3Mn Christine
M. Smith, John W. Graham, Charles A. Salisbury, Kezmeth C. Crouch, Prancis X. Dugan, and
LXecutive Secretary Keith A. Bergman. The warrant of2-11-85 was approved wkviimously and
the minutes of 2-4-8.5 were approved 4-1 (Selectman Dugan abstaining).
ftric/New England Telephone - Pole on Sumer SL
.Lne boarc' voted unan"OuslY to approve a Pet.1tion to install one support pole on SunTner St.
Police Grievance Hearing Continuation
A hearing was c6fitinued to this date on the Step 3 grievance filed by the Police Union regarding
the amount of vacation time posted for officers Alosky, Crare, Lynch, Patnaude, Pickard,
Quinlan, and Soucy. After considerable discussion, the Board found that it would be best to
follow past practice in settling this greivance, and that it appears that each officer is
credited in January with the amount of vacation time to be accrued in that calendar year as
a result of reaching an anniversary date, and that the contract specifically defines the
vacation year as being frcm January I to December 31. The Board voted unanimously, therefore,
that officers Patnaude, Pickard, and Quinlan are due no further vacation; Alosky Crane and
Soucy should be credited with one additional week: Lynch be crecUl ted with two weeks for 1985,
and to direct Chief Sullivan to repost the list accordingly.' The Board also noted Lliat under
this system, an officer would pay back tho Town for any vacation time used but not yet accrued -
3rd Fire Station ��sal
John McGuire of the Board of Fire Engineers met with the Board to discuss the possible purchase
of a parcel of land owned by E. Bodge. Mr. P3cGulre added that this matter will not be submitted
to the annual town meeting warrant as the property is not clearly defined by law, but will be
suLmdtted for the 1986 annual town meeting. al -le Board voted to request Town Cou el to draft a
x. Bodge.
Itr of intent to F ns
Leland PropeM Report
1he Board reviewed correspondence frai, Tom Planner, YZI-en Nelson relative to tlie possible
purchase of 45+ acres of lw*A owned by Mr. amind Leland, wiLx a price tacr of $18,500/acre.
The committoo formed to study this purchase has suggesLed a feasibility st�dy be done to assoss
how mch of this property is buildable. Chairman Christine Smith noted that funds nay be
available through a grant. for th6 purchase. The hoarrl* voted unani=u sly to request that the
Conservation Camussion and the Dept. Of Public Works be present at the next meeting to further
discuss this issue.
Discussion of Office Space Distribution :
7he Board reviewed requests by the Personnel Pd., Planning Bd., NESkV and the Charter Cam-
russion (if so elected), for office space on the ground level of town hall. The Board in-
structed Executive Sec tary Keith Bergman to discuss these matters further with the Personnl-'
Ed. and the Planning Bd- and report on the 25th.
NEM,U - Designation of a Truck Traffic Route tolfrm Siqnal-Resco
Discussion ensued relative to ' a truck traffic route to the Sigiial-Regco faZ:iliby-for the other
21 NESWC member cammu-Lities. Some residents felt that Johnson St. and other to�ni roads would
be used as a cut through if Rte. 114 was designated as a viable traffic route. The Board voted
unanimcrusly that access he by.way of the Rte. 125 bypass in Haverhill fram 1-495 and that all
other roads in North Ando�er are specifically off limits,. but that canTunities expressing a
hardship will be reviewed on. a case-hy-case basis.
Appointing a Committee to Study Financing the Water Treatment Facility
The Board unanimously appointed a can mzttee as follows: P -cc. Secretary Keith Bergman, James
i
(3ordon, Public Works Director, Advisory Bd. member, Town Treasurer, and capital Budget ComaLittee
to review the financial picture relative to.the wator treatment facility.
LILENSIU3 QUivIISSIONERS:
Pro-Ratinq_ of Automatic AmUsemerit Device License Fees
E�Xecutive Secretary Keith Bergman reported that under Y"! C.140, S.177A, there is no provision
for allowing pro -rating, and that in fact, a sentence uiiich provided for pro -rating was struck
in 1981. Selectman Charles Salisbury moved to insert an article at town meeting to allow
for pro -rating on a quarterly basis - Motion defeated- (Dugan, Graham. , Crouch opposed)
One pay Liquor License Request: merrimck College
The Board unaniimusly approved a request for a me day all alcoholic license for "Irish Night"
March I from 8 - I a.m. in the f4urray Lounge with a police officer.
Request for Transfer of Fuel Storage Permit of Sea & Wiarves
Norman Shack and J.Gulde, Attys representing John Ferreira, requested to transfer the fuel
storage permit of Sea & Wharves at the comer of Osgood and Clark SLreets. They stated that
Chief Dolan supported this transfex provided that the relining of the tanks be approved by him.
The Board voted to schedule a hearing on this licerise application for February 25, 1985.
Catherine J. Foley, Secretary
Clark
1 -AC
Memo
To: Attorney Kenneth Kimmell, Bernstein, Cushner & Kimmell
From: Robert I Halpin, Town Manager
Date: September 17,1998
Re: Superior Court — Civil Action Number 98-1718
Enclosed is a copy of the above referenced suit filed against the Town of North Andover by the City of
Haverhill. This case is objecting the the decision of the North Andover Planning Board, dated
May 15,1998, pertaining the the permit application of the Massachusetts Refusetech, Inc.
As Special Counsel for the Town of North Andover, please provide the town with the appropriate
representation in this case. I would appreciate it if you would advise me of any and all actions to be
taken on behalf of the town. Please do not hesitate to contact my office should you need our
assistance in any way.
Enclosure
CC: Attorney Thomas Urbelis, Urbelis, Fieldsteel & Bailin
/map
0 Page 1
Cot 27 Se 12:34p
Bradford Place
C;
CITY OF HAVERHIL
MASSACHUSETTS I
CITY SOLICITOR
via fax: 688-9556
Zoning Board of Appeals
Town Office
120 Main Street
North Andover, MA 01845
(9783 372-CS88
October 28, 1998
OCT 28 1998
)A R D 0 F A P P
Re: City of Haverhill- Zoning Board of Appeals, North Andover
Gentlemen,
Plea-ge be advised that a hearing is scheduled for
Tuesday, November 10, 1998- The petitionert the CitY Of
Havehrill, hereby waives the time constraints and wishes
a continuance until your meeting of March 9, 1999 -
Thank you very much.
ANA: Ph
Very t uly yours,
.urs'
Ash N. Amirian
City Solicitor
145 South Main Street
p.0. Box 5038
Bradford, MA 01835
1-978-372-8531
10/27/98 13:37 TX/RX NO.2274 P.001
P. I
Town of North Andovcr
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
384 Osgood 5�reec
North Andover, Massachusetts 0 1343
WILUA,M I. SCOTr
Director
August 25, 1998
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
JvLk 0 1 $45
No. Andover,
p,e: Speciial Perrait/Site planReview 285 Holt Road
Dear Ms. Bradshaw:
i � a's j /LP rr
�Iea) I I�Vf 1
The North Andover planniag Board held a public hearing on Tuesday evening: June 16, 1998 at
7:30 p,m. in the Deputment of Vublic Work 384 Osgood Street on the application
Z2
n-r,USETECH, Inc. 285 Holt Road. Worth Andover, MA 01845 for a special permit under
Bylaw. The legal notice was
Section 8.3 (Site Plan Review) of the North Andover Zoning 0
properly advertised in the'llsTorth Andover Citizen on May 27 &nd June 3, 1998 and all p;Lrties of
interest were duly notified, The following members were presea. Richard S. Rowen, Chairman,
Alison Lescarbeau, Vice Chairman, John Simons, Clerk, Joseph Mahoney, Richurd Nardella and
Alberto Angles, Associate Member. KatYleen Bradley Colwell, Town Planner was also absent
The petitioner was requobLiLig, a special permit to allow the construction nf a 21,493 SF of new
gross floor area and is in the (1-2). Industrial -2 Zoning District,
D orn scalise was present to represent 285 Holt Road. D& Rowen stated the Planning Boards
role is to ascertain whether or not this project meets with the Town's Zotung Bylaw. The Board
is not reviewing the mwiL5 of the retrofit itself, w Rowan stzted 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 rneetings. The Board of Health will, make a prc3entation to the
Board 0.,% August 4, 1998.
Attorney Marty HUOY stated that they must meet the Clean Air Act or the site will be shut down.
r
There is no change m the use, there is no increase in the design capacity and there is no wo k
because the riew gross
outside the developed area I ofthe site. They are nling fur bite plan revicw
floor area is g.reater than 2,000 SF They would like to start corstruction in Novernbci and start
the engineering at the beginnino- Of July
Dave Raymond stated that the structure would stay the sarne. NAr. Raymond stated that this
project would have a silgr�ficant positive impact. Mj. payijioad went ovcr the process on the
plans with the Board. The site M, -oposed construction will be within the
.1sists of 14,6 acres, AJ1 p.
t, -
.tV
pe6meter of the road, They have shown the watland lines on the plan, Mr. Raymond stated that
the lot coverage will go from 21% to 23% and the floor area ratio will 90 from 19% to 20%.
stated that they have 52 parking spaces and they presently have only 3 5
Jim ConnollyV EmcOn, futu
employees, Mr. Connolly stated that the Building inspector asked if they could show re
parking spaces if needed. A N01 is not required. They have included in 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 -2
service, Architectural consistency will be maintained , W. Connoly stated that they are in the I
nt with the Tovds Master Plan and
zoning district and the use is allowed . The project is consiste
onducted and they will comply with the D.E,P
there is no loss of open space.,A noise study was c Raymond showed
sound level criteria. Mr. Corinolly-stated that there are no visual impacts. Mr Mr.
0' 1 ine pictures orwhat-6 site will look like from different sides of the property., I
.the Board conform with- the zoning bylaw and that it
Connolly stated that we believe that our application Will
is not detrimental on abutting properties and will have minimal in, pacts on traffic.
Mr, Rowen asked how would the plant operate during construction, Mr. COnpollywent over the
plan for operation during consti . uction. Ed Meaghger, People for the Environment, stated that
there will be a meetine, regarding this Cite at the North Pan'sh Church on 1ulY 9, 1998- Ms,
were going to speak about on the noise. I&
Les-arbeau asked that if at the next meeting they 0
V ey submitted a noise impact study with the application. The Planning
Connolly stated that th ell as ha
Board%xill send the noise study out for review by a corisuitant. Mr. Nard a ked w t
variances were needed for the 51te, Ms. Colwell stged that they cnly need one for the height.
The Board scheduled a site walk f0f 6*00 P -m. on June 24, 1998.
Continued until July 7, 1998.
ti July 7, 1998. The following
�40' The North Andover plawing Board held a regular meeting 0
'-�d S. p , Clerk, A1erto ArIg -is
members were present: Ric a, Owen, Chainnan, John Sirrion$
Associate Member and John Sirnons. Kathleen Bradley Colwell, Town Planner was also present,
Dom Scalise was present to 285 Holt Road. Mr. Scalise stated that on behalf of the
old a hearing tonight because there is only 4 members PrcstW6
applicant they would not like to h 0 it might. be a problem when it comes
and at the last meeting there was 6 and they are afraid that of our traffic consultants comrrients
time to vote. M5. Colwell stated that we did receive a copy
this meeting because we thought your consultant would not
but, we did not ask him to attend t of things that 4 h e would
d
have time to respond, Mr. Rowen stat , ed that he has put together a lis
ess, 1�&. Rowen stated that he is not keen on surpns ' ts an
like to see during the perrrut PrOc ard and the
ou, Mr, Rowen went over his punch 1:1s'l with the BO
would like to pass them out to Y nt out today to t�e companies. Mls.
ants, ivis, Colwell stated that the noise proposal we
applic, holding a rneeting T hursday rdght JulY
Colwell also stated that the People for the Environrnrerlt are
9, 1998 CO3 7:00 p4m. @the North Parish Church,
I
until kugust 4, 1998.
The North Andover Planning Board held a regular meeting on August 4, 1998, The following
V
4lison Lescarbeau, Vice Chairman, John
members were present: Richard S. Rowen, Chairman,
Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney and Richard Nardella.
Kathleen Bradley Colwell, Town Pl=er 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 Boafd of Health wrote a letter stating that although much evidence
rs inherent in some of the emissions
was presented to the Board of Health regarding the dan't
0
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 Mihott ofARI stated that after the upgrade this would meet EPA limits, it
S at after the upgrade the
meets the zoning bylaw and emissions will go down. Mr. Minott , tated th
stack emissions would meet State and Federal standards. Mr. Minott stated that the total
exposure from 1985 - 2030 would not be significant. Mr. Mnott stated that with the upgrade the
ash dust will be collected in a totally enclosed system and NM has proposed a scrubbei that
would control*the ash dust. MRI has also incorporated a procedure to clean the ash off the tire$.
he testing at other
Mr. Minott stated that this ash has been tested in labs and based on t 92
Wheelabrators it will come back OX w. Knott stated that they have made recommendations
for perrnit conditions. The Planning Board will ensure that the public has access to latest
emissions data by requiring.NOU 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, ?.-knott 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 rirg
you could come back more frequently, Mr. Na-rdella stated that he would like to see a monito
plan, Mr. Nardella questioned DEP's standards for mercury and how it sways away ftOrn F.PA
standards. Mr. NIinoltt went over DEPs 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. Ntinott stated that it would. Mr, Rowen stated that in the decision it will need to
state that wevrill have unannounced visits, Mr. Simons asked what scientific methodology Mr.
Nfinott used to review the proposed desian. Mr. NIinott stated that he reviewed the data given to
did extensive interviewing,
d the recrulatory agencies. He also stated that he
him by both NM an I= independent health risks but, he did check the conclusions of
MrAk,¬t stated that he did not do
the cons�jltants. Mr. Simons questioned the ' -epidemiological studies that were done, Mr. Minott
stated that the studies done dealt with the issues of canccr and asthma. �&. Millott stated that
those studies as described found no link behveen this waste energy plant and the observed rates o,
the studied health problerns. Mr. Tmnott stated that he is not a doctor and he did not challenge
cting a cornmutative
those studies. Mr. Mnott stated that one last point is that DEP is condu
uture and existing site conditions DEP indicates that
,mpact study and they are looking at the f
total impact does not show significant risk. Mr. Simons asked if he was aware of any larger
5,udies. %, asked if it was possible to show disparities with
L � jiiott stated no. Mr- Simons
tracking results. Mr. Nflnott stated that for ex=ple 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 p�oposing twelve
hours. Mr. Nardella asked If he were sitting on this Board what would you consider reasonable to
ask for. Mr. Mnott 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 MR1 and if
they have any violations. Mr. Knott stated that the issues are more.procedural problems. Mr.
Angle . s asked if there are any nowtechnologies that may be better fit for the MRI plant. Mr.
Knott stated no, this upgrade would use the best equipment. Mr. Minott stated that with new .
strict limits there isn't a marginfor further gain for the pollutants,
Tune Kneedharn 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 OX it is transported as
non -hazardous. if tested bad it will be treated as hazardous. J& Rowen stated all the ash are
tested. Julie Kneedham 3tated that she has concerns with where they will be traveling with the
hazardous waste, Mr. Rowen stated that it will be discussed later in the meeting. Eric Weltman
stated that the testing is to ascertain whether the toxins will leach out of the ash. Hisher 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. Kettltsen stated
that if ARI's telling the Board that NM is meeting health standards I don't think they're telling
0 n and he wants
what they are not meeting. Mr. Simon stated that he has not see anything scientific
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 rated that there are people in this room that would like to speak. At the Board of
Health rneeiings 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 theri�:-'�'to criticize the ARI report and
the issue was studied for three months. W Reiner stated that they had no opportunity to express
0 ar asked the
their concems with Mr, Minott's report. Mr. Rowen stated that the Planning Bo d
Board of Health to reyiew the report. Mr. Reiner stated that this Board has responsibilities to
listen to the public's concerns. I 1114r, 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 Vnitten to us and stated
that the retrofit ia not going to be a health hazard to the Town. What you're telling ine is that the
Board of Health did not conduct a good recommendation in your opinion. Atty. Marty Healy
r' ' u B ' jurisdiction.
stated that there has been several Board of Health meetings a id t, is oard has nb
Ms, Lescarbeau stated that she's a member of the Plannine Board and rim. a scientist. She would
be happy to sit here until rmidrii-�t to listen to the people but, she is basing her decision on the
information provided by the experts hired to review the project. 1��. Mahoney stated that he is
fully aware of the Friends for the Environment and he sat at the Zoning Board of Appeals meeting
for three hours. Mir, Mahoney stated that he accepts the comments of ToNyr Council and he is not
willing to stay he, -e all night. His position Is that we're beyond where we should be.
CD I �, I
loan Kulash stated that there was not a �e ' ries of public hearings held by the Board of Health..
There were two rneeflnS3 hosted by MR1 and there were no opponunities to 3pank. Ms. XUIA3h
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 environn, ental lawyer, Mr. Simon stated that he is
willing to listen to the science, Fred Glorin asked other than MRI where did you get your
infonnation. mf. m1natt � statedthat he got it from MiAuchusetts DEP and fifteen years of
experience working with these facilities, Fred Glorin stated that their statistical Information was
'0 th
from DEP that was submitted from NLQU, was there Independent study? Thea Fornler stated at
she is an enviromnentalistlLspeakkig in terms of scientific data. Ifyou had a family member being
affected by having twehundred % seizures -4 month and couldn't breath. Ms. Fan -der stated that she
ese plant& down�=d if she had walted until the data wAs submitte-A her -son would
had to trackAh
havedled. Ms, Fornier stated that the chlidren are our jewels and it you just rely on scleaffic data
you will be a loser. Mr. Simons stated with all due rezpect that's wily I askcd for studies and I
haven't seen them. loan Kulash stated that Mr. Knott is not an epiden.1ologist 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 siated that he did not mention the permits for dioxin and that Ws incinerator
has the highest mercury, He seems to be poo poohing the violations for MR1. Ms, Kulash read
uvr,r her cuiruatmts oil ash. Ms. Xulash stated that shc a3ked the Board to uso thoir oomrnon
sense, that if MK is saying this ash is OX Ms. Kulash stated that the EPA says thatDioxin is IL
known human toxirigen. 14s. Kulash stated that we can't afford to make a mistake once because
there i% a Int at risk here. Ms. Kulash read from her notes. Ritch Rothstein a resident, asked If
Mr. Minott could give him =re insight of meating the new D.E.P, mercury linft W Knott
stated that lie looked at the date from one or two chrthe othcr plants.
Mr. Nardella asked if the testing for mercury would be done every nine morths. Mr. Minott
stated yes, every rilne=nths. Mr. Rowan stated that he understood about the problerns that %he
residents are concem'46d about but, Mr Mnotts tW was to find out if this plant would meet the
Fcdcral ana Stdr, requirements for perrnh3. Mr. Powen atated that he wants a monitoring plan
and would welcome public comments because we're trying to ensure compliance. Attorney Healy
stated that MIU is fighting people who care about the enviromm ' ant. 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 Bled a Notice of Violation (NOV) for MR1.
,W. rcrraro stated that there have been many inaccuracies, The issue was an old permit. The
pem�t was modified In 1992, The NOV was based an the wrong data. Mr. Ferraro stated that in
regarid, s to the ash the citizens did the wrong deirldin" water test wW,,h has been confIrmed by the
EPA. AJI N?J's tesiiI3 have been done -by the agencies, Mr, Ferraro stated that with regards to
the mercury we are meetirl" twenty eight. This is a modem plant and he is sorry that Ms. Kulash
0 farniliar to the RPA dioxin
i:i u5in; oild datv.. Dayid Urry 209 Vest Way, as4d if Mr. Iviinott was a ne exists.
limit. Mr. Minott stated that he does not know the limit but, he does know th t o
' I 'd'Urry 209 Vest Way asked ;fj,&. Nt.nott was aware that they are one hundred times strictcl
)av, 4
for th�is per- it, Y te
' m i. Knott sta d that he does not believe that is a fact and questioned where he
got that infDrmation. David Urry 209 Vest way stated that he got it out of the 1994 EPA study,
.J
David Urry 209 Vest way asked what Mir. NIinott sugerests we do If MP1 fails to comply.
a
Maott stated that State and Federal permits have the authority to shut down the facility.
Attomey Healy stated that there will be no work outside of the.limit of work. The traffinc impacts
vAll be anincrease of two additional workers per day. There will be no change in level of service.
Paul Ha ec, Town's traffic consultant made three recommendations. One was to have stripin'
and signage on Pit. 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. lvt. Heally stated thatthey are submitting a letter agreeing to a truck turn warning sign
subject to the approval of Mass.-Eghway- Mr. Rowen asked if there was going to be any
additional trash. Mr. Hezlly� stated that there would not be. A resident asked what the total
number of trash trucks pei day. `;irn Connolly stated that there are sixteen and it will go up to
eighteen trucks per day. Paul Hajec stated that he has gone back an d fourth with Dermit Kelly
and he has received a copy of their final results. Mr. Simons stated 'that in Mr. Haje-.s letter it
stated that he had concems with left hand turns. Mr. HaJec stated that the signs are to gaert cars
that trucks are turning. Mr. Hajec stated that he would like to see them trying to get th6 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, Xr. 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 t�ese haulers have contracts with MRI and it will be part of their contract
that they must follow these regulations. Mr. Rowen stated that the intent is to keep them on Rt.
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
0 1:�
-0 and at nig1ittime it would be I0dB- Commercial
where people live during the day is 50,
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 faft you
would typically put in a silencer to tone out the frequencies. Mr, Ambrose stated that the two
residential areas near this site or, a quiet night m ay hear change in sound but, not in level. Mr.
Ambrose stated that he found that the report that was prepared by MRI was adequate and thinks
it is very achievable. W, Rowerl asked if he would recommend putting in a silencer on the fan.
Mr. Ambrose stated that usually duct work is installed.
Mr. Rowen stated that we have I�red'a consultant to review the plant design to see if it would
achieve permit levels established this. We have asked him to make a recominrendation 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
.%,.0 .
Ms and is specifically sited in the zoning bylaw, Mr. Reiner started as'-"-- Ouestions, not
concc M
Pertinent to their scope of the meeting Ken Kimme'll stated that he has never been to a Plannin.-
0
Board meeting that a lawyer in the audience tried to interrogate a member, Ken Kirnmell asked if
Mr. Rower. Nvanted to respord, NIf. Rowen stated that he did riot,
7,
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. Mr. Rowan 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 drlv'er. Mr. Nardella stated that what ever he could do to help would be a plus.
W. Rowan asked how MRI will be aware of a violation. Mr. McIver statgd 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. 1&. Nardella asked if there was z way to number the trucks so that if
they do do something wrong, xesident 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
pem�t and the information that he missed was the discussion of the decision,
Mr. Rowan went over the list of pe m.1t actions dated July 3 1, '1998. Mr. Rowan 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 scenaAo. 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 Kultsh stated
that we need a physician not hired by the applicant. Mr. Rowan stated that the point of theT
monitor is for monitoring the operation as we get data. A resident asked If the reported data will
be n the penn�its, 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 z condition in the decision. Mr. Rowen stated that
we're not going to shut them down, Marty Healy stated that they added that the plant manager
be present when they do inspections for safety reasons. Mr. Nardella asked what the
requirements for notificadon if you were to shut down the plant per D.E,P. Mr. Heally stated that
ifwe find a problem and we shut down we're not in violatioh. Ms, Lescarbeu wanted to know
Nvhy they Could notify us as soon as they notify the regulatory agency. Mr. Roweri stated that
when they notify the regulatory agency then notif� us at the same time and when you are just
shutting down one side you have 24 hcurs to noti�., us.
0
Mr, Nardella asked if a truck tips over and clean up is needed Nvho is responsible flo - r the cost. Mr.
McIver stated tba,. it is the haulers responsibUity, The driver would call a tow truck and the state
poliCe and they wo,�Id clean and they vvould then leave, M,,, 'INardella asked if he conceived the
Town would hwee to pay the cost. Mr. McIver stated no. Attny Healy stated that the Board of
Health can request us to report new DEP standards. Mr, Nardella asked Mr. Kimmell to look at
the 3d bullet on the last page of the letter dated July 31, 1998. Mr. Kirnmell Stated that he
would. Ms. Lescarbeau asked if weUve incorporated all the comments form ARI and
specifically the shut down issues on page 10-13 of the report. Mr. Rowen stated that he Aill
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. Xen Ki=ell asked if the monitoring plan is not complete by
August 18, 1998 when would thq Board like the deadline to be. Mr, Knott stated that it would
be rushed if it was to be in by the ' August 18, 1998, Mr. Rowen gteted that if MPU is stepping UP
they should provide the inforrnation in a timely manner. Mr, Simons asked what would happen if
was fOU44. Ken Ximmell stated that if there is a report that is credible that
an epidemelogy study
this plant is causing cancer I would not want to put that in the decision. Mr. Nardella asked Mr,
Knott if he has worked with any consultants that look at epidemeology. Mr. Nfinott 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 dimin is proved to be carcinocrenic the Town could have a
class action law stilt,
Mr. Rower, stated that he appreciates everyone for coming tonight.
a
On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close
the Public Hearing.
The NorthAndaver Planning Board held a regular meeting on August 18, 19,08. The following
Vice Chairman, John
members were present: Pic ard S, Rowen, Chairman, Alison Lescarbeau *
Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney, Richard Nardella and John
0
Simons. Kathleen Bradley Colwell, Town Planner was also Present.
The Board starte , d 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 D!Salvo stated that he would like
to speak, �&. Nardella 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 decislort should follow
permit requirements set by the EPA and DEP. Mr. Rowen asked if a thermocouple fills 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 tbrough temperatures in the combusters and at the filter fabric inlets.
i
Timothy Porter �stated there was no specific time in the permit after wll�ch the plant would shut
, CaUs for continuous monitoring and meets the
down after loss of CEM, However, the permit 0
qualifications, Ms. Kulash tried to speak but Mr. Rowen stated to the public that the Public
ago at the last meeting, Joan Kulash, asked %vnat would make you
Hearin yvas closed wo wee e vill be very
not want to hear us speak. Marty Healy stated that if this becomes a debate h I
rned, if this becomes a Public Hearing he will withdraw his cornments. Ken XImmell
cor1ce.
stated that we had an edr quality consiltant' to answer issues to require automatic shut down. Mr
Kirnrnell stated that we shou!d leave it f6or another day and have the corisultant respond 'to the
7�, P
Planr�ns Board with data. Mr. Kimmell Wnks that the air quality consultant should get back to
the Board with a shat down tinie. 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. DiSajvo stated that this
t t
I a tha
topic was not on the table at that time. Mr. Rowen stated that any point was on the tab e
time. A resident asked why the Board let the public in tonight. Mr. Rowen stated that i6hey
have one speaker he will listen to the speaker. A resident stated that there is no reason to rush
this through. Join 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
& DiS&Ivo's comments.
received all the information if it ii only a week. Mr. Healy stated that I
afernisleading. Mr. Healy stated. that if MM 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 commum—ty. loan Yul;s'fi started to speak out. Mr. Rowen -asked her to sit down�, Ms.
Kulash asked why the Board is�'Ohuttlng us out. Ken Kimmell went over his draft amendrnWs for
the decision. Mr, Nardells, asked if MM 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 vithin twenty four hours Ofor unexpected failures. Mr. Nardella stated that what you're
saying Is that within twenty four hours most monitoring issues will be resolved, Ken Kimmell
0 ir &I ty
read his revised comments. Mr. Kimmell stated that he would like to add in "The a. qu I
consultant retained by the Town shall specifically investigate and address the extent to which
MRI's continuous emissions monitoring equipment is not functioning and report to the Planning
Board based on actual data as to whether a standard stricter that imposed by DEP and USEPA
should be imposed to address this issue. Such stricter standards may Include but are vot limited
to, imposing a requirement that a combuster be shut down if & continuous emissions moritorinag
system fails for an excessive amount of time, of requirin " g redundant continuos emissions
monitoring equipment. The Planning Board reserves the daht to revisit this issue after receiving
C 10
reports from the air quality monitor. A resident handed the Board an editorial ftom the Citizen.
Mr. Nardella went over his changes for the draft decision. Mr. Simons stated that he would like
0 stated that he feels that it would be
to see dioxin tests be done on a quarterly basis. Mr. Healy
objectionable to go above what DEP and EPA require. Mr. Rowen staxed 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 Mich a=rately
represented the operation of the facility. Cynthia 11bbard of Camp, Dresser and McKee stated
that they test quarterly for mercury and every nine months for dioxin. Even though MM 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 i . nvolved, how much it cost and how long it takes.
Mr, PorteAr stated that it takes two days to do one cornbuster for five hours and each combuster
$15.000 and there are two combusters. Mr. Simons stated that he would like to have them test
quane,,Iy for dioxin. Mr. Simons stated that mercury and dioxin are the public health -hazards and
th.isiswheretheriskis. JvLr. 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 and he
e, I
repres nting NESWC stated that we look, at DEP and EPA rules that are really protective
thinks the town -will be adding costs that are not necessary. Mr. Sirrions stated that NUU ran do
extra tests for a year and then ifthe tests come back 0Y. they car; do away. -,xith the extra. Mir.
DlSalvo stated that our tax dollars are paying for the tests anyway, Ms, Lescarbeau went over
her amendments for the draft decision. Mr, Mahoney went overlbas amendments for the draft
decision. Ms. Colwell stated that she would like to specifically reference 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 decislori and who's responsible for the ash
once It leaves the incinerator, Mr. McIver st i ated that'it will be owner by NESWC until it gets to
the landfill. A resident asked for the clarification on who's responsible for the ash, Mr. Rowen
stated that the responsibii.ity for the ash is outside the scope of LI -ds Board.
on a motion by Ms. Lescarb�aui seconded by Mr. Simons the Bozrd voted 4-1.0 to approve the
draft site plan review decision fqr..-Mass. REFUSETECH at 295 Holt Road.
Mr. mahoney stated that he abstained because he left early at the lastmeetir-9. Mr. Mahoney
stated that he spent ten hours listening to the people for, the environment, readinas the citizen and
three hotirs at a ZBA meeting listening to your issues, Mr. Mahoney stated that he is totally'
aware of their concems. 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 'took into the
environment, Mr. Nardella stated that he for one w . ould 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,
__,S�incerely,
Richard S, Rowen, Chalm.an
North Andover Plarming Board
C,, T
Mr. Angles
yes
Ms. Lescarbeau,
yes
Mr. Simons
yes
Mr. Nardplla
no
Mr. Rowen
yes
W Mahoney
abstained
Mr. mahoney stated that he abstained because he left early at the lastmeetir-9. Mr. Mahoney
stated that he spent ten hours listening to the people for, the environment, readinas the citizen and
three hotirs at a ZBA meeting listening to your issues, Mr. Mahoney stated that he is totally'
aware of their concems. 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 'took into the
environment, Mr. Nardella stated that he for one w . ould 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,
__,S�incerely,
Richard S, Rowen, Chalm.an
North Andover Plarming Board
C,, T
SITE FLAN APPROVAUSPECLA1 PERMIT
MASSACIIUSETTS REFUSETECHo INC.
EMISSIONS CONTROL PROJECT
Background
The Planning Board hereby approves with collditiOns the SPecill PCr"it/Site Plan Review
!sting solid wage
Ions control equipment (11he ProJect') at the ey
for the constraction Of 0miss'
incinerator located off of H91t Road and owned and operated by Massachusetts Refusetech, Inc"
The locus Of t:his incinerator Is 285 Holt Road, Assessors Map 34, Lot 21. 7be land is
owned by the Comrnonwealth.'U Massachusetts, and has been le&wd to MR1.
MRI applied for a Sp, " ecial permit/Site Plan Approval on orabout May 15, 1998. The
project involves the installation of air pollution control equipment required by the Clean Air Act
and the regulations prornulgated thereunder. MM proposes to replabe the existing electrostatic
precipitator and dry sorberit injections systems with new equipment consisting of sPmY dryer
absorbers, fabric filters., a selective non -catalytic reduction system, a powdered activated carbon
Injection systern, and natural gas-fired aux1ary burners. The project also involves enclosing the
existing ash storage shed to better control potential fugitive ernissions from the ash pile.
The Planning Board held a duly noticed public hearing on the project on June 16", 1998,
and continued that hearing to August 0, 1998. The Planning Board closed the public hearing on
August 0, and voted on the application on August 18, 1998, In addition to hearinzy testimOnY
from NM and its consultants and members from the public, the Planning Board also received
independent expert analyses from the JbIlowing individuals- 1) David Won Of Alternative
Resources, Inc., who presented a written report aad oral testimony regarding air emissions from
the facility and potential public health impacts; -2) Stephen Ambrose, who presented a written
report and oral testimony regarding noise impiOts; and 3) Paul Hajec of Hajec Associates, who
presented awritten report and oral testimony regarding traffic Impacts- "AWe this application
was pending before the Planning Board, the North Andover Board of Health also held tbree
public meetings to hear testirriony 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.
Findines
The Planning Board has evaluated the application With respect to all relevant review
cr�iteria and design guidelines set forth in Section 8.3.6 of the Zoning Bylaw and the special Perrr�[
- On the basis of thh extensive review, the
criteria set forth in Section 10 . 3 of the.Zoning Bylaw ed by the North ALndover Zoning Bylaw §
Plaru�ng Board makes the folloNving findings as requir Z
8.3 and 10, 3.
1. The site is an appropriate location for the projecL The site is within the Industrial
2 zone, and resource recovery facWties 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 41 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 exWlng structures, and will be placed within the existing developed
f�otprint of the facility. The noise impacts can be controlled to acceptable levels with proper
desip and cn&eeting. Most importantly, the MRI facility.will emit significantly lower
concentrations of pollutants as a result of the Projict.
I
3. There wilibe no..nuisance or serious hazard to vehicles or pedestrians. The Project
` '; --minimal
wiU cause a minimal increase:in truck traffic on Route 125 and Holt, Road, and these,�
*acts will be more than miligated by conditions imposed on tbb permit.
4. NM's plans provide for adequate and appropriate facilities for the proper
operation of the facility. As noted, this is an existing facUhy, and the existing, inftastructure is
adequate and appropriate. To the extent the Project imposes additional demands upon
infrastructure, MM has appropriately addressed these'additional den=d� in its application.
5. The Projec t 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 low 0 e nvironment for the
, er emissions of pollutants, thereby providing a healthier and saf r e
residents of North Andover, compared to existing conditions.
6, MR1 his submitted all information required by Section 8.3.5 of the Zor�ng, Bylaw.
7. The P ianning Board farther finds that the Project should satisfy all relevant review
criteria end design requinments set forth in section 8.3 of the Bylaw.
8. The Pianning Board finds that conditions are required irl order to ensure fall
compliance with Sections 8.3 and 10,3 of the Bylaw, The Pla='' g Board hereby grants an
approval to NO subject to the following conditions. .
Special Conditions
1) Truck Routes/Tmff ic
a) The Plannine, Board finds that the appropriate route for trash tracks entering and exitij39
0 Mar
the IM faciUry is as f0llOws: 1) enter the facility via Roate 495, to the Route 125 d
HM Connector, to Route 125 South, to Holt Road, and 2) exit the facility via Route 125
Nortl-4 to the Route 125/Ward Hill Cowector, to Route 495 (hereafter referred to as 'the
Designated Route"),
b) Commencing upon the date of fta tbls decision with the Town Clerk, No shall assist in
a
ensurine compliance with the Desipated Route by placing language in all new contrabts
with ;E,. jMd in all renewals of existing contracts between =, and municipal solid
waste haulers, ash haulers, and metals haulers (collectively referred to as "MRI Contract
Haulers') requiring such haulers to use the Designated Route, and any applicable truck,
route regulations that may be Imued by the Board of Health. This condition will apply to
all contracts that M 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 j 1999, The
term best efforts includes, but is not limited to, sendjn& to such haulcrs a copy of this
decision and a written, request that the contract be amended to incorporate the above
requirements. A copy ofany such written request shall be copied to the Town Manager,
and NM shall follow i4p'the written,,request vAth additional efforts should the Town
Manager -request It.
c) . With respect to the hauling of municipal solid waste that is collected within North 9 uIr
Andover, the planning Board did not hear testimonY on whether it Is practical to r q e
haulers to use the Designated Route. However$ the Planning Board understands that the
Board of Health is in the process of p�omulgatlng comprehensive regulations desiped 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, MM ShRU
place language mi all new contracts, and in all renewils of existing contracts, requiring
M Contract Haulers to colnply 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 day�bf the date of Ung of this decision with the Town Clerk, and at least
amually thereafter, and whenever requested by the Town Manager, MRI shall send to
NO Contract Haulers reminders of the Designated Route with a reminder that failurc to
comply with the route restrictions May result In revocation of the contract or suspension
of tipping privileges. NM shan p-,omptly send copies of such reminders to the Town
Manager.
e) Within five days of learning of a violation of the above route restriction, MM Shall provide
MRI Contract Hauler that MRI determines has violated the route
written warnings to any
restriction notifym'g the hauler that failure to comply with the route restrictions MaY Mult
in revocation of ihe contract or suspension of tipping privileges, MRI shall promptly send
copies off such warnings to the Toym, Manaaer.
Within th� days of the date of filing of this decision with the Town Clerk, and at least
e�mually and whenever requested by the Town Manager, MRI shaE send rernindeis of the
route restrictions to NESWC with a request that NESWC advise its member cornraunities
mi4ders to the
about the route restrictiOns. NffU shall promptly send copies of such re
To�n,'Ylanager.
0
0'��2 E
MR1 shall propose and fund the installation of truck turn Warning siganage Along Rollie
125 northbound$ just prior to the Route 125/Holt Road intersection, sabject to approval
and implementation by the Massachusetts Highway Department.
h) M shall propose and fund center and shoulder-linc painting along Holt Road between
Route 125 and the MM facffity, subject to approval and implementation by the North
Andover Department of.Public Works.
i) MRI shali propose aad fund installation of a YIELD sign for right turns from Holt Road
onto Route 125 southbo'und, subject to approval and implemeritation by the Massachusetts
Highway Departme�t and the North�,Andlover Department of Public Works.
j) MM shall apply for approvals of the. Massachusetts Highway Department and the North
Andover Department of Public vyorks no later thsn October 31, 1998, and shall make
best efforts to ensure tbAt the conditions 7, 8, and 9 axe implemented no later than March
111999.1
2) Air QualSty Monitoring and Access to Data and Records
a) Public Access to Compliwice Data in Real Time. Prior to operation of the Project, hM
shall arranae for public access to plant data by establishing an Internet website accessible
Cetscape or Microsoft Explorer. Data
using common web browser software such as N
from NW's database computer shall be downloaded to the website for the purpose, of
providing public acc�ass to continuous emissions and operational operating data, sl�tably
time -averaged for compliance demonstration as defined by DEP and US EPA permit
conditions, regWations and guidelines. Public access in this regard shall be unrestricted as
to Nyho may access the data, and as to time of day or day of the week. MR1 shall pro�ide
the data to the website continuous . ly throughout each day on a basis as near to a real the
as is reasonably practical, but not more than twelve hours following the end of the data
time-aycraging period required for compliance demonstration. JvW shall install a
coinputer, modelt telephone line, aid modem in the Town's hibrary to facilitate ready
pubUc access to the data.
'The Plaudrxg Board recogrdzes that there is case law to the effect that a local board may not
impose conditions that require the approval of other aggencies, suchas the Massachusetts H19hwP-)'
Department, Should a court determine that Conditions 7, 8, and 9 are invaLid or, that basis, it is
the Pla=-�ng Board's L-aent that those conditions be deemed severab!e from the remainder of fliis
decision. The umuknent of those conditions would noz a5ect the Plannin- Board's ulthate
- M elated critelia.
racria in t'e bylaw, includiz,11 traffic -r
dete,-,mmation 0-lat t�e PI-0ject -='-'s the C
'. it
ollows:
b) The specific continuous m0nitoring data to be made publicly I available is as f
Most Recent Comliance Dat -a: The latest monitored emissions and operating levels,
0 compared with permit limits (gmphical format), specifically'
I
(1) Sulftz Dio)dde, 24-hour average geornetric mean concentration and the removal
efficiency
(2) Nitrogen Oyides, 24-hour daily arithmetic average concentration
,(3) opacity, 6 -minute average percentage values, daily summary
(4) Carbon Mono)dde, 4 -how block arithmetic average
Flue Gas Temper ' itme at the fabric Iter inlet, 4 -hour block arithmetic average
0 ' that is tested but not subject to
(6) Mercury, Dioxin, and any other parameter te
continuous emissions monitoring. data, the latest test results. MRI shall st
quarterly for dio4n. The Planning Board reserves the right to amend this
coadition and allow less frequent testing if the test results dwing the. first year of
operation reveal levels of dioxin substa I ntiaIly below the permitted limits. -
U) surnmaecs of Historical CO=liance Mith ADVUcabLe-L—rr--tL'
(i) For each continuouslY monitored pararneter above, an hiAoricll cOmPliance
summary shall be provided that includes, at a minimura, the prior week's data and
the last six months' data. The format, graphical or tabular, $hall clearly convey the
number, dates, &qd rnaotudes of any exceedances of applicable limits.
(2) For mercury, dioxh and any other parameter that is tested but not subject to
continuous emissions monitoring data, the preceding three years of test data, in a
forrnat that clearly conveys the number, dates, and magnitudes of any exceedances
of applicable limits,
'ssions Mor E ui ment MaOfu—nctiOn SUM!= -ie§ -
iii) Cont wous �todn
(1) Surrmari-S of time periods during wl�ch each continuous InOnitor'ng system was
maftctioni,ag While the facility was operational, as ,operational" is I deEned bY
appEcable regulations.
(2) Quarterly cumulative sanunaries of such malftction time.
Xt
iv) Should MM bc required by US EPA or DEP to modify the frequency, nature, e ent,
SW promptly adapt the above database so;;.
or type of sarnpling and reportings T�M
that it is consistent with any such modifications,
Records. Co-,rmen,-ing at the tL-ne this decision is Ved ir, I the Town Clerk's
C) compliance orts to regulatory agencies, NM shall
OfEce. at the same tirne that MRJ subir ' �ts such rep 9-
del.ive . r to the Town Manager two cOpes of each periodic (e.g., mOnthlY, quarterly,
mont� annual) repoi-L required by federal: state, or local pc-'ts and/or regulations
relating, to a�r quality.
d) Inspection of Facility Operations and Records. Commencing at the the this decision is
flaed iri the Town Clerk's office, the Board of Health and its Agents shall bive the right to
both unamounced and scheduled inspections of AnY Ind all facilltY Operations and
operating records generated after this decision is filed with the Town Clerk as required to
assess ongoing compliance of the facltY with Perrnit. 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, thinger, or
duration, provided that such inspections are conducted in the presence of the Plant
6 disrupt
Manager or his designated representative, in a manner that does not unnecessarily
MRI facility operations -apd in compHance YAth MRI health and safety po licies and
procedures. Without limiting the foregoing, I�Mshall 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 testdon a continuous emissions
monitoring basis. The Board of Health and/or its designated representative 5haU have the
right to be present at the facility during such tests, and sball 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 facWty operations.
3) Solid Waste Monitoring
a) inspection for Ash Dusting. The Board of Health and its Agents shall have the right to
periodic unmiounced iwpections fbr the purpose of determining whether ash-h2ndling,
storage, and load -out operations comply with the US EPA and DEP requirements
restricting,visible emissions, vrith such compliance to be detennined as specifled by those
agencies' regulations. Such inspections sbAll, be conducted in the presence of the Plant
Inager or his designated representative, in a manner that does not unnecess&6y disrupt
Mm fac�� operations and in compliance with MR1 health and safety policies and
procedures.
4) Shut -Downs of Combustor Units and Other Problems
a) Shut-DoNNm of Combustor Units. MRI is required to promptly cease the charging of
a criteria is Inet as
muj�cipal solid waste to a combustor unit or units if any. of the f0110'A*
to that combustor ur�t or units:
i re. The forced draft or induced draft fan cea-ges
Potential for Stack Exhaust Fan Fau.
to function. An L-iter.lock is required that automatically prevents the ftirther charging
of waste to the affected combustor ur�t(s), untn the far, resum, es semce.
ii) potttntialffor Excess Emissions ftorn Inadequate Cornbustior', EfEciency, OnstartUP,
fumace gas temperature, as measured at Elevation 125' - 0" (T I & T2), less than 1600
F (which is equivalent to I goo F at the one--secon.d gas residence the plane). An
in�rlock is reqj)�ed that aut3maticallY Preverlts the chazgLng. of wastQ to the affected
c,,jrn�,ustor unit(s): unt� thi ternuerawre criterion is rnet,
During waste combustion, lurnace 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 charginguptil
the temperature criterion is met.
iii) Potential for Excess Emissions from FaUure of the Fabric Filter. More than tbree
fabric filter modules are out -of -service (isolated). Operator must promptly cease the
chargin& of waste to the affected combustor unit(s), and cannot resume charging until
sufficient modules are in service.
iv) Potential, for Excess Eltissions ft I om Scrubber FaUure- Temperature exceeds 450 F at
wing the spray -dry absorber (scrubber) i An int .4 -
fabric Mter Wet; Le.t -fbUO erlock is,
required that automAtidallY Prevents the fther charging of waste to the affected
combustor unit(s), until proper scrubber ftctioning is restored, as evidenced by the
temperature at the fabric filter Wet. I
Lirne-slurrY feed to the spray -dry absorber iriterrupted for more than four hours.
operator must prornPdY Cease the charging Of waste to 'he affected combustor unit(s),
until Eme-slurry feed is restored.
v) bIRI shall nvantain a written record on site of the occurrence (date and time) of 'my Of
the above events, and the reason, to the extent known, for the occurrence.
as rLs e orth in Condition 16,
b) If there is a shut down of a combustor unit(s) for the re o s t f
Mn shall promptly not*, the Town Manager of the shut down. The term "promptly"
means if the sh,,It down occuri diiing Town business hours, within three hours - of the shut
down, and if the shut down occurs Aer Town business hours, no later than 10.00 A.M.
wrL INM Shan also post py such notices to the
on the next normal business day of the to d in Condition I I
Town Manager on the database reference
C) Commencing at the time th-atthis decision is filed in the Town Clerk's office, whenever
Rulatory agency of an accident or violation, MM
NW is required by permit to notify a re
shau also notify the Towa Manager at the same time that it notifies the regulatory agency.
�M $hall also post any such notices to the Town Mariage&r on the database referenced in
Condition 11
5) Miscellaneous
a) ,NvW shah not combust sewage sludge in the comburtor units.
b) I Noise: Noise from the facWty as upgraded by the Project shall not increase the broadband
level by -inore 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 CbIR 7.10. Inordertoensure
b a prior to operation Of
corn all perform ambient testing
, pHance with this condition, NIM S rit entitled -Sound Level Evaluation
the Pro�ect, at Location 5 as refQrenced jr. -� docun, e
Con--rol Project, prepared by Micbael D.
for the Mmachusetts Refimtech, lnc- Erniss'ons
Theri'ault Amociates, Jnc., and consistently with the testing that,%W done in that report.
MRI Shan then perform ttstLig at Location 5 not later than one hun&ed aM eighty &Y5
from completion of on-site construction, and compare the test results to detennite
compr=ce. ME shall submit the test results with a report Indicating whutht:r the test
recWts indicate compliance with this condition. If the test results indicate non-compliance,
MR1 shall devise wid implement measures to ensUle cOmPliance..
NMI shaU comply w I kh 14 appkable fiederal and state laws, reguhtions. and permit
conditions governing te Operations Of the:MOIMY-
d) MR1 $hall pay to the T -0 . yim the lumP sum of tweuty-five thousand dollars (525,000) on
or Morc January 2, 1999, in addhion to =y payments made under the Host Community
Agree=nt between M and the Town, for the pUrPoSe of funding ak quality =nhorin,
aCt1v,t,e3 relating
& to the facility. gn shall pay the 1=p sum of $25,000 on or before
January 2 of each Year thereafter, and tbLi obligation shaU cease one year after the
termination of the operation or the entire facility.
e) M 5W provide he Boardi., such as a proper
, 6M=j8J security in a forra acceptable to t
bond analogous to that required under the Stibdiviston Control Law, G.L.c.41, §91U, in
the amount Of fifty tbousand dollars ($50,000) to be used by the Town for exPOWes
incurred by the To,,An should the facility be abandoned or extraordinary expenses inuurred
by the Town to provide emergency aervices at the facility while it I's in operation. The
financial security shall bexenewable and reinstatable and shall be malatained on a Yearly
basis, and MR1 shan not* the Town mazager when fat 6=631 secuzity is established,
and each time it is re-newed.
Lt
UnIcas othemNise rptc1fied, the cand: ion., herein shall be effective UPOd operationp.r the
emissions control project. opergtionshallbe defined as the date upon WUchMRI
Submits its initial performance tmit to DEP in acC07dw-100 with the new Clan Air Act
regulations,
g) All cotditio, $ to this Specis.;1 permit/Site Plan Approyal are binding upon any and all
successors, assignees, and transferees of No,
in17 the remedies av4able to the Town, violations of these conditions are
h) Without lirnh a
subject to fines andlorlinjunctive rell-ef to the tilLiest exte,
� I au,,horized by law.
sl,aU specLfically inyestloato and addre5s
ty consultant retained by the Toy nr a
The air quali $ equipment is not 111ctlOning
the extent to which NIRI $ curl,inuous err�3sions mor�toring . I
and renort 'to the planning Board based on actual data as to whether a standard stricter
A srjo-aid be �nposed to addrts6 �liis Lesue. Such
that that irnposedby DEP and USEP
J not U�Iited to, Lrnposing a roquirementthat a
%ricter stand&rdsTrfty inchi�e but are
os emissions monitorklg SYVicM, fib for ar, excess",'e
combustor be shut down if a continu -nonitor�ngy equipment. 7"le
aniolant of tira--r,: or requiTtrl'o; ��dwidazt contiMOs emlssiOtls
- I
pl;=ing Board reserves the right to re*ft this 'ssue after recelm.11 reports from the I&
quality monitor.
a NM shall submit to the Board �n as -built Pla]:4 certified
Prior to the date of operstioi � the project has been constructed substandaY in
by a professioual. engineer, iudicatIng that
comp ance with the plaw contained in the Application for Site plan Review'
k) The, Application for Site plan Review, dated NUY 15, 1998 " and the attachments thereto,
shall be deemed part of thisdecision, and the Project shall b� constructed in accordance
with those documents and Plans including the following-
ct Aswsment prepared by P, D. VanaSse & Assoc., Inc., 10 New
i) Traffic ImPa niet Drive, Suite 314, Andover, MA oiS 10, prepared for
F,ngland Business Ce rive, Andover, MA 01810, dated lanuarY28,19980 rev.
EMCONq 3 Riverside D
August 3, 1998.
Monitoring Report prepared by Earth Tech, 196 Baker Avenue, Concord,
h) Air Quality 285 Holt Road, North
MA 01742, prepared for Massachusetts.REFUSETECH 'no"
Andover, MA, dated January 1998-
ih) Sound Level Evaluation prepared by nchael D. Theriault Associates, Inc., prepared
for EMCON, Inc., Andover, N4A, dated January 1998 -
iv) V:supl Impact AWysis prepared by Young Associates, 121 julland jun Road, Greene,
A iad North
NY 13778, prepared for Massachusetts PEFUSETF-CH Inc., 285 Holt RC
Andover, NIA, dated lanuary 6,1998.
Quality Review of Proposed MM EmissiOns-Control Upgrade,
v) Independent Air Lane, Concord�`MA, for Town of North Andover Plannin'01.
prepared by AR1, 9 Pond
Board and Board of ilealth, dated July 1998 -
vi) Noise Study Peer Review prepared by Stephen E. Ambrose, Noise Control Engineer,
Windhani, NS 04062, prepared for the North Andover
4 Old Great Falls Road,
planning Board, dated July 30, 199
ed by Hajec Associates, �75 Common Street, Lawrence, NIA
vU) Traffic Review prepar North Andover Plarming Board, dated July 2, 1998. -
0 1840, prepared for the etech Inc., 28 5 Holt Road, North Andover, MA
vih) pian titled: Massachusetts Refas t Elevatior� prepared by
Air Fmissions Control Systeni Retrofit General Arr-9
A rev. 5/21/98
F
'MICON, Inc., Andover, MX dated 4/15/98, 1&
ach Inc,, 285 Holt Road, North Andover, MA Plan
Lx) Plan titled-, Massachusetts Ref�set Andover,
to Accompany Applicatioll for S1 te plan Review, prepared by EMCON, Inc-,
MA, dated 4/15/98. rev, 5/13/98
. x) plan titled: Mamchusetts Refimtech Inc., 285 ljolt Road, North Andover, MA Lime
Preparation retrofit General Arrange=m ElevatION prepared by EMCONi Inc-,
Andover, N14, dated 4/15/98, rev. 5113/98.
Cc. Direowr of Public Works
Building Inspedor
Health AdmialstratOt
AssessoM
Cons4rvation Adminimatof
Dminage CmsultRnt
pimnins Board
police chief
Fire Chief
Appl!cant
Engine"
File
Mp,j - Site PM Review
C T
.0./ - qq�
14ORTN
01"oo +
0
44
3
3ACHU
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 01h day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party.aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MR1 facility be rerouted through the
City of Haverhill (the "special condition"), The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 125[Ward Hill Connector through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept,, Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM-
By Order of the Board of Appeals,
William J. Sullivan, Chairman
8 9-M
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Bradford Place
CITY 0 F HA VERH IL
MASSACHUSE7TS I
CITY SOLICITOR
via fax: 686-9556
Zoning Board of Appeals
Town Office
120 Main Street
North Andover, MA 01845
(9781 372-0668
1C ILI i r,
OCT 28 1998
OARD OF APPE 4,�
October 28, 1998
f Appeals, North Andover
Re: City of Haverhill- Zoning Board o
Gentlemenr
Please be advised that a hearing is scheduled fOr
Tuesday, November 10, 1998- The Petitioner, the City Of
Havehrill, hereby waives the time constraints and wishes
a continuance until your meeting of March 9, 1999.
Thank you very much.
ANA: Ph
Very t Lily yours,
Ash N. Amirian
City Solicitor
145 South Main Street
p.o. Box 5038
Bra6ford, MA 01835
1-978-372-8531
P. I
10/27/98 13:37 TX/RX NO.2274 P.001 0
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Lw_._
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
M -E -M -0 -R -A -N -D -U -M
TO: Kenneth Kimmell, Esq.
FROM: William J. Sullivan —#
Chairman, Zoning Board of Appeals
DATE: October 8, 1998
SUBJECT: City of Haverhill, is a party aggrieved of a Planning Board decision.
Attorney Kinimell,
The Zoning Board of Appeals is in receipt of the attached application dated 9/24/98, and will be placed on
the agenda for the November 10"' ZBA meeting.
As you can see this matter is relative to Massachusetts Refusctech Inc. (NEU) which is why I'm asking for
yourinput.
0 Petitioner requests that the ZBA vacate those conditions in the approval which required
specific routes to be followed ........
0 The Site Plan Approval exceeded the authority of the Planning Board under the North
Andover Zoning Bylaw in imposing conditions mandating certaih designated truck routes .......
As always, your concern in this matter is greatly appreciated.
attachment
cc: I ZBA file
ml/haverhill
1�
12
LAW OFFICE OF
PETER G. SHAHEEN
CHESTNUT GR�EN
565 TURNPIKE STREET, SUITE 81
PETER G. SHAHEEN* NORTH ANDOVER, MASSACHUSETTS 01845-2426
MEGAN J. TAYLOR
*ADMITTED IN MA & NH
November 10, 1998
1/7A FA X (688 95 5 6 ) AAD FIRST CLA SS MAIL
Mr. William Sullivan, Chairman
North Andover Board of Appeals
120 Main Street
North Andover, MA 01845
Re: Appeal of City of Haverhill from Site Plan
Decision of the Planning Board
Dear Mr. Sullivan:
NOV 6 1998
BOARD OF APPEALS
TEL: 978/689-0800
FAX. 978/794-0890
EMAIL:PGSLAw@AOL.com
A hearing is scheduled for this -evening on the appeal of the City of Haverhill from the
site plan decision of the North Andover Planning Board concerning an air emissions control
project at the Massachusetts Refusetech, Inc. ("MRI") facility located at 285 Holt Road. MRI
agrees to a continuance of the hearing to the first hearing date of the Board of Appeals in
December 1998.
Counsel for MRI has discussed this matter with counsel for the City of Haverhill, City
Solicitor Ashod Amirlan ancl Michael Leon of Warner & Stackpole, and both are agreeable to
the continuance and the proposed time frame for the continuance.
Thank you for your attention to this matter.
0 Si , ely u
er G. Shaheen
Attorney for MRI
cc: Martin R. Healy
Kenneth L. Kimmell
Ashod N. Amirian
Michael A. Leon
Gail M. Lynch
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 18, 1998
Zoning Board of Appeals
120 Main St.
North Andover, MA 01845
Ashod N. Amirian
145 South Main St.
P.O. Box 5038
Bradford, MAO 183 5
Re: Per a letter to my attention from Attorney Peter G. Shaheen regarding the Appeal of City of
Haverhill from Site Plan Decision of the Planning Board dated November 10, 1998 regarding
MRI.
Dear Attorney Amirian:
Pursuant to the letter regarding MRI, please be advised that the Zoning Board of Appeals made a motion
to allow the petition for the City of Haverhill to be placed on the Zoning Board of Appeals agenda for the
December 8, 1998 meeting. The meeting will be held at the Senior Center, 120R Main Street, North
Andover, MA at 7:30 PM.
As the petition will be heard "on a one month at a time basis", we would expect a representative to be
present for the City of Haverhill at each meeting, should there be a need to have more than one meeting
for this petition.
Thank you for your concern in this matter.
Sincerely,
William I Sullivan, Chairman
Zoning Board of Appeals
cc: P. Shaheen, Esq.
nil/ashod
(-,N V-
Post -it@ Fax Note ��— 7671
Date
T # —ofh.
Ipages- o,41C
To
OL
From
Co./Dept.
Co. �Z,6,4
Phone #
Phone #
Fax # pie'
q J a
IFax # 9,7fl_
1�1
0
AL
Ust,
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 18, 1998
Zoning Board of Appeals
120 Main St.
North Andover, MA 0 1845
Ashod N. Amirian
145 South Main St.
P.O. Box 5038
B radford, MA 0 183 5
Re: Per a letter to my attention from Attorney Peter G. Shaheen regarding the Appeal of City of
Haverhill from Site Plan Decision of the Planning Board dated November 10, 1998 regarding
MRI.
Dear Attorney Amirian:
Pursuant to the letter regarding N4111, please be advised that the Zoning Board of Appeals made a motion
to allow the petition for the City of Haverhill to be placed on the Zoning Board of Appeals agenda for the
December 8, 1998 meeting. The meeting will be heldat the Senior Center, 120R Main Street, North
Andover, MA at 7:30 PM.
As the petition will be heard "on a one month at atime basis", we would expect a representative to be
present for the City of Haverhill at each meeting, should there be a need to have more than on I e meeting
for this petition.
Thank you for your concern in this matter.
cc: P. Shaheen, Esq.
niUashod
Sincerely,
William J. Sullivan, Chairman
Zoning Board of Appeals
� r
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 18,1998
Zoning Board of Appeals
120 Main St.
North Andover, MA 01845
Ashod N. Amirian
145 South Main St.
P.O. Box 5038
Bradford, MA 01835
Re: Per a letter to my attention from Attorney Peter G. Shaheen regarding the Appeal of City of
Haverhill from Site Plan Decision of the Planning Board dated November 10, 1998 regarding
MRI.
Dear Attorney Amirian:
Pursuant to the letter regarding MRI, please be advised that the Zoning Board of Appeals made a motion
to allow the petition for the City of Haverhill to be placed on the Zoning Board of Appeals agenda for the
December 8, 1998 meeting. The meeting will be held at the Senior Center, 120R Main.Strect, North
Andover, MA at 7:30 PM.
As the petition will be heard'�on a one month ata timebasis", we would expect a representative to be
present for the City of Haverhill at eachmeeting, should there be a need to have more than one meeting
for this petition.
Thank you for your concern in this matter.
cc: P. Shaheen, Esq.
ml/ashod
Sincerely,
rod,
William I Sullivan, Chairman
Zoning Board of Appeals
VY
Post -it" Fax Note 7671
Date////jv/fj/
of h,
pages-O/L/C_
T v
0 " Re 7ek
From
L
Co./Dept.
Co. -
.2f
Phone #
Phone #
Fax # ?76P--
Fax # 97Y � 5-5
h
US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
November 18, 1998
Zoning Board of Appeals
120 Main St.
North Andover, MA 01845
Ashod N. Amirian
145 South Main St.
P.O. Box 5038
Bradford, MA 01835
Re: Per a letter to my attention from Attorney Peter G. Shaheen regarding the Appeal of City of
Haverhill from Site Plan Decision of the Planning Board dated November 10, 1998 regarding
MRI.
Dear Attorney Amirian:
Pursuant to the letter regarding MRI, please be advised that the Zoni , ng Board of Appeals made a motion
to allow the petition for theCity of Haverhill to be placed on the Zoning Board of Appeals agenda for the
December 8, 1998 meeting. The meeting will be held.at the Senior.Center, 120R Main,Street, North
Andover, MA at 7:30 PM.
As the petition will be heard "on a one month at a.time basis",, we would expect a representative to be
present for the City of Haverhill at each meeting, should there be a need to have more than one meeting
for this petition.
Thank you for your concern in this matter.
Sincerely,
William I Sullivan, Chairman
Zoning Board of Appeals
cc: P. Shaheen, Esq.
ml/ashod
cot 2,,
SEI 12: 34p
BradPord Place
CITY OF HAVERHIL
MASSACHUSE7TS I
CITY SOLICITOR
via fax: 688-9556
Zoning Board of Appeals
Town Office
120 Main Street
North Andover, MA 01845
(9761 372-0686 P.1
8 1998
-90ARD OF APREA;I-S;
Xvr o' oyy
October 28, 1998
Re: city of Haverhill- Zoning Board of Appeals, North Andover
Gentlemen,
Please be advised that a hearing is scheduled for
Tuesday, November 10, 1998. The Petitioner, the City of
Havehrill, hereby waives the time constraints and wishes
a continuance until your meeting of March 9, 1999.
Thank you very much.
ANA: ph
Ver t uiy yours,
ours
Ash N. Amirian
City Solicitor
145 South Main Street
p.o. 13ox 5038
Bradford, MA 01835
1-978-372-8531
10/27/98 13:37 TX/RX NO.2274 P.001 0
TOWN OF NORTH ANDOVER
MASSACHUSE-rTS
BOARD- OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 01h day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
pro)ect, which required specific routes to be followed in connection with the operations
of the proJect, The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MRI facility be rerouted through the
City of Haverhill (the "special condition"). The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 1 251Ward Hill Connector through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"d6signated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
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ACHUS
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 01h day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party,aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MRI facility be rerouted through the
City of Haverhill (the "special condition"). The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 125/Ward Hill Connector through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in'the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of. 9:AM to 1: PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
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TOWN OF NORTN
ANDOVER
aOARDOVAPPVALF-
r3orad 01 W;D i
T-1010,41 Public rx'Ifing V Ine
��en�or Center, 129F, rylArl
St., Nofth Andover, V -Aon
Tjj(,n6ny mo lum day of.
Now,mbur 1.998, al 7;30
Pro, lu �0)
in the aappeul of CITY C"
HaverhiU. 4 SVMMCT�
Stree,j, Haverhlli� W.A.
01 P,30, as pvty z9griev,7d
rpquests that the EOa:d 01
Appeals vacate Those condl-
tions in MS Site PlMLn
mf ihc-� MIRI rwr6ffl,
pr�ject, winich required upE�-'
rific. rotjp.-; To be fokwead in
conric.,-.1"On wi!�� the opera-.
7no
tirinG 01 mn, Proloc?. , Per-
rn�_Cy-,�Atod t%y 'h(� Pianning
sov,�d was wSad Ljp".)n a
condition ZhSt all
traP tny�Ka e(%tc�j'*4 or ex�-
ing tha MR). �>C—
rerouted through trfP, Citl/ Of
(the "Special condi-
tjon")�-Ihr:! speoisl I707)dtorl
r'-%quircs al! Trash �rvrkzp
entering the MRI faciMY to
Zjavol jr0j.11 pot�je 49-.5 a-, -,he
Hj�,,vprriiil P
.x;t, to The Route
1p�-/Ward H'Pl conripctor
t
,hroUnh KIV01hill, 10 MDutf-
125 South t;1
Hoit Foji� in Nortn.rxndovar.
vic; trs 10N�w tho sc-,Me I QUtf,
I)Pon ox'tting roAl facility
And lha� trIQ s ito plan
" p p "' ". - [ excee ded thi�
..1h.,,ty of the Planning
P_Qard under ihe Morth
Ar,i�OV9( ZOI�ir,14 bY12w in,
imposing conciiiions
daling tattain
trock routes.
silid g"Criliscs
prope-tly ynoviri as mll.istla-
chusettC R<-Musr-ftch. It"C,
(fVRl ) with um Z85
H,lt Foaa, Noil)'t Ancc,vrr,
whie,h is ii) 1-2 ZIntn,.l
Distric" 1.
Plans QrC QvailQl)Tr' f0t'
ri-view at trio officc 0; ,
M13,
Building Dept., 7own I-Mll,
1;>,D main 8ifee, Monday
lb-Ough Thursday. Irorn thcl�
t-IOU(:3 of q:AM tQ 1:PM. .'
By ordor of the Srwc� Qf
Appeals
Willism J. Sulllv8a,
Chairmum
E -T ' 'OLE: 27, �ov. 3" 199S
,AORTN
0
'�SA HU
TOWN OF NORTH J
T .11 1
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 oth day of
November 1998, at 7:30 PIVI to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MR1 retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MR1 facility be rerouted through the
City of Haverhill (the "special condition"). The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 125fWard Hill Connectorthrough Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9 -.AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 10/27/98 & 11/3/98.
of 14ORTH
0* - 0 4.
0
SA S
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Notice is hereby given that the Board of Appeals will hold a public hearing at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 10'h day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the site plan approval of the MRI retrofit
project, which required specific routes to be followed in connection with the operations
of the project. The permit granted by the Planning Board was based upon a special
condition that all trash trucks entering or exiting the MRI facility be rerouted through the
City of Haverhill (the "special condition"). The special condition requires all trash
trucks entering the MRI facility to travel from Route 495 at the Haverhill exit, to the
Route 1251Ward Hill Connector -through Haverhill, to Route 125 South in Haverhill, to
Holt Road in North Andover, and to follow the same route upon existing MRI facility (the
"designated route"). And that the site plan approval exceeded the authority of the
Planning Board under the North Andover Zoning bylaw in imposing conditions
mandating certain designated truck routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 10/27/98 & 11/3/98.
Via FAX
TO: Kenneth Kimmell
Bernstein, Cushner & Kimmell
FAX: 617-742-0170
FROM: Mary Leary-1ppolito, Secretary, Zoning Board of Appeals
FAX: 978-688-9556
Phone: 978-68V9541
DATE: 10/20/98
SUBJECT: legal notice relative to: City of Haverhill
Attorney Kimmell,
I have attached a fax for your review and approval. As I am working with a dead -line
which will be up by this coming Thursday in the morning, I would appreciate your
comments relative to the information contained in the legal notice. I sent the application
package to your attention a short time ago as this matter is relative to NM.
Thank you.
cc: William I Sullivan, Chairman, ZBA
ml/summer
b� r� e- r'4- x
#1 1
L �,
PU h / /,-S- � 0 (1/-1
1'� 7 -----
rd of Appeals will hold a public hearin
og at the
Wth Andover, MA on Tuesday the I day of
--- parties interested in the appeal of City of.Haverhill,
4 Summer Street, Haverhill, IVIA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the approval, which required specific
routes to be followed in connection with the operations of the projects. The permit
granted by the Planning Board was based upon a special condition that all trash trucks
entering or exiting thefacility be rerouted through the City of Haverhill (the "special ,
condition"). The special condition requires all trash trucks entering the MRI facility to
travel from Route 495 at the Haverhill exit, to the Route 125/Ward Hill Connector
through Haverhill, to Route 125 South in Haverhill, to Holt Road in North Andover, and
to follow the same route upon existing MRI facility (the "designated route"). And that
the site plan approval exceeded the authority of the Planning Board under the North
Andover Zoning bylaw in imposing conditions mandating certain designated truck
routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 10127/98 & 11/3/98.
legalnovR
2� V -�,
Is
41
ael
A 6-r . PU h / /S- �e 6/_1 7 (2 7"
Notice is hereby given that the Board of Appeals will hold a public hearin
OR at the
Senior Center, 120R Main St., North Andover, MA on Tuesday the 1 day of
November 1998, at 7:30 PM to all parties interested in the appeal of City of Haverhill,
4 Summer Street, Haverhill, MA., 01830, as a party aggrieved requests that the
Board of Appeals vacate those conditions in the approval, which required specific
routes to be followed in connection with the operations of the projects. The permit
granted by the Planning Board was based upon a special condition that all trash trucks
entering or exiting the facility be rerouted through the City of Haverhill (the "special
condition"). The special condition requires all trash trucks entering the MRI facility to
travel from Route 495 at the Haverhill exit, to the Route 125/Ward Hill Connector
through Haverhill, to Route 125 South in Haverhill, to Holt Road in North Andover, and
to follow the same route upon existing MRI facility (the "designated route"). And that
the site plan approval exceeded the authority of the Planning Board under the North
Andover Zoning bylaw in imposing conditions mandating certain designated truck
routes.
Said premises affected is property known as Massachusetts Refusetech, Inc. (MRI)
with frontage on 285 Holt Road, North Andover, which is in the 1-2 Zoning District.
Plans are available for review at the Office of the Building Dept., Town Hall, 120 Main
Street, Monday through Thursday, from the hours of 9:AM to 1:PM.
,By Order of the Board of Appeals,
William J. Sullivan, Chairman
Published in the Eagle Tribune on 10/27/98 & 11/3/98.
legalnovR
2� V�� C�
1-03
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ol�
71
Massachusetts Refusetech, hic.
4 Liberty Lane
Hampton, N.H. 03842
Commonwealth of Mass.
10th floor
100 Cambridge St.
Boston, MA 02202
Lucent Technologies Property Tax Group
P.O. Box 1259
Morrison, N.J. 07962-1259
Joseph & Judith Lewis, Trustees
188 Chestnut St.
North Andover, MA 0 1845
AEP Industries, Inc.
Attn: Tax Dept.
125 Phillips Ave.
South. Hackensack,-N.J. 07606
Ashod N. Amirian
City Solicitor
145 South Main St., P.O. Box 5038
Bradford, MA 0 183 5
Massachusetts Reffigetech Tne
4 Liberty Lane
Zonin Board of Appeals
9
Hampton, N.H. 03842
120 Main St., (Town Hall)
North Andover, MA 0 1845
North Andover, MA 0 1845
Zoning Board. of Appeals
Commonwealth of Mass.
120 Main St., (Town Hall)
I O'h floor
Zoning Board of Appeals
100 Cambridge St.
Zoning Board of Appeals
120 Main St., (Town Hall)
Boston, MA 02202
j I
North Andover, MA 0 1845
Lucent Technologies Property Tax Group
1
P.O. Box 1259
1
Zoning Board of Appeals
Morrison, N.J. 07962-1259
120 Main St., (Town Hall)
North Andover, MA 0 1845
Joseph & Judith Lewis, Trustees
188 Chestnut St.
Zoning Board of Appeals
North Andover, MA 0 1845
120 Main St., (Town Hall)
North Andover, MA 0 1845
AEP Industries, Inc.
Zoning Board of Appeals
Attn: Tak Dept.
120 Main St., (Town Hall)
125 PhillipsAve. -
North Andover, MA 0 1845
South Hackensack,-N.J. 07606--
- --
Ashod N. Amirian
City Solicitor
Zoning Board of Appeals
145 South Main St., P.O. Box 5038
120 Main St., (Town Hall)
Bradford, MA 0 183 5
North Andover, MA 01845
Zoning Board of Appeals
120 Main St., (Town Hall)
North Andover, MA 0 1845
Zoning Board. of Appeals
120 Main St., (Town Hall)
North Andover, MA 0 1845
Zoning Board of Appeals
120 Main St., (Town Hall)
j I
North Andover, MA 0 1845
.0
Z�A�
6-F
A
cs
Ar
Is Ia"w
-Zoning Board of Appeals
120 Main St., (Town Hall)
North Andover, MA 0 1845
Zoning Board of Appeals
120 Main St., (Town Hall)
North Andover, MA 0 1845
Zoning Board of Appeals
120 Main St., (TOAm Hall)
North Andover, MA 0 1845