HomeMy WebLinkAbout1998-08-19 Decision SPR ` Awn of North Andover0MCE OF
COMMUNITY DE VE LOPMENT AND SERVICES
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Noilh Andover,Massachvs#ls 01845 710NOTICE OF DECISiON
?��reclat•
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Any appeal shaiI be filled
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within ( 0) days after the C-�
date of filling this Notice �� .;U,
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in the Office of the Town
Date_ tztILY 14s =. :.
Date of Hearing dune 16,t�)��8, .tag-, ., 1;998
August +, � MaF= 183 1998
Pti�iel� of F�tsLlr�c�� , 1 �:- .�....� f
Premises affected 285 KnIr Road
Referring to the aEovo petition for a spacial permit from the �
requirements of the Nor« Andovcz, zonj-ng Bylaw gecLion 8.3 (site plan TL-v-f"av)
so as to aIIaw couE;tructinn of 27, ,E+93 Of new S f-- ------------------------t�, -. fl_oor, area.
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After a pubic hearing given an the above date, the Manning l3aard
voted to AFPRDVF the SPECTAT, PE'.p j� f'E'� SITE PLAN REVIEW
Eased upon the following candition : �
(
Signed_ O)L
Director of Public Works Richard S.Rowen, Chairman
Building Inspector G
Natural Resource/Land Use Planner Alison L escarbeau, V. Chairman k
Health Sanitarian �
E
Assessors John Simons. l rk �
Po;ice Chief
Fire Chief Richard Nardella
Applicant -
Engine.ef- Jutish V. M-9hooey
Towns Outside Consultant
Pile Planning Board #
interested Parties
CONSKLF YATZON- (97*683 9530 • IlEd LTII-(97R)6R9-)5<E0 + I J,ANPHXG-{9781 688-9535
*UfJUrr)f(q{;CONK -(9M 6!I#�-9545 "`ZOMNG E*ARD OF AFFEAM-(978)6884NSAI - *146 MAIN STRLrL-1-
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.. Town of North Andover �oierk �
OMCE OF
£ MMUMIT DEVELOPMENT AND SERVICESh _
384 {};goad Street
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North Andover,MaSsiQhltscltz 01US 1rr+°^•,,a�"���
Dirpr_far r!
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August 25, 1998 x
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Ms, foy{:e'Bradshaw $
Town Clerk
120 Main Street �
o- Andawar, MA 01845 �
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R ; Spe6al Pei-mkf ite 1`1�n Review 285 Holt Road �
DcaT Ms. Bra4haw:
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The North Andover Plam g Doar-d hi1d a public heaTing on Tuesday tvtrniag, June 16, 1998 at �
7-.3 f} p.m, iR the Department ofFablic Wort[3 9 d Dsgond Street an the, application �
R RPUS HT C , Inn. 285 Dolt Road, North A.Mover, MA 01845 for a special perrr�t ur1der
f,W(n 8.3 (Site PlanRevicw) of the North Andover ZoningBylaw . The legal not'tcc was
pragedy advertised in tho Noi-th Andover Citizen on May 27 and Sunc 3, 1998 and all pat-ies of �
iritere3t were dttly notified. The fo I lowingmembers wcrc pr4�smt; Richard . Rowep, Chairman,
Alison Les carbc� au, Mce Chairman, John Simons, Clork, lo-sc h Mahoney, � tuhard Nardella.and
Albcgo Angles, Associate I errs lcu'. 1 a# rlccrt 13r dlcy (,()]Well, 't'c n Planner was also absent-
The 1)rtifsorz T was requesting a spacial permit to a]low the comstruaioa of a 21,493 ST of ne:
gross fl<}or area and is in the(1,2) 1.tidii-,trial -2 ZonuiigDist.rict- f
.Flom sualise wa:1 prof emt to m�pni ze;t 285 1 To]t Road. fir-Rower stated the Pla€niug 131i4rds
role is try ascertaisr hetlzcr' or ttnt this prgject meets with the Town's ZofliDg Bylaw. The Beard
is riot revie, vVhig the 111cfits o.fthe a %mfEt itself �&- Rowen stated that the-B oard has hred an air €
equality uorrsuf€a It at the applicant's oxpense to reek w thr,technology. All health concerns shfjuld f
be brotight'LYp at Board of f1'ealth rrieetirigs- The Board o.f1-Ir ith w311 aulke a presenta€lou to the �
Board on ALrgust 4, 1{)98.
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A.ttomoy Mary 11� ,-aly stated that fficy must mc�c t dic,C.iean Air Act of the site,will be ht� t down- �
Illr,-rC h$-no change in thr,taSC, lhcrc is no hwi-easy in the deSzign capacity and thero is no work 1
outsid,- Of- noveloprd art-ea of the sit(- They afe flirig for site plan review because the new gross
flaor s rya i; greater trait 2,000 SF. They would lilce to start constrzietinn in Nov ber and start
the engineuring at the beginning of July-
DEvc Raymond qtated that the structure would stag the same- Mr. Raymond stated thEit this
project wozald have a sigriffcaM po,;itive impact, Mr. Raymond went Dver flit proue�s On tho
p]ans with the Beard. The site caos3s*; of 14.6 acres, All piropnsed Qunstrrtction will be,withirt the
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BOARD OF AITEtLtS 688-_qS-1 HEFfMINTG GE13 9545 C;ONSERVATEOW fib$-9334 H ALS11 6$8-95,1i7 PLANNINO
pezimeter of trio toad, 'Phoy have shown the wetland lines on flie pliin, r-Raymond stated that
the tat covcrap will go from 2 1% to 23% and the fl oor area ratio will go from 19 to 00/o, }
Si En Ciormolly ofEnicon, stated that tlioy 13ave 52. parking spaces and they pjrie esttly have oiilp 35 F
employees- h&. Connolly stated that the Building ):c33pect0r a*t-d if th,-Y co€zld show filtUE-c s
parking spaces if needed- A NOI is not re-quifed, They have irxcladed an attachment on toe fighfiiig
with the application. Mr. Connolly stated that aii EN was Subn i ted to NEPA. and that tray f
TeGeiVV,d a certificate- There will bo no charges to the utilitie,q and there is Re En(;rease in public t
servico. ArchitE dw-al e=istency will be maintained, Ivor. Copnoly stated that thug are in the T-
zoaing distfict and the use iS alIovc d, The project is consistcnt with the,Town's Master Plaa and �
there is no loss of open space, A rtgsse study wah conducied and they will c-omply with the f).i U.
5;ound level t;i"iteria, Me. Connolly stated that there are au visual impacts. n-. Raymond showed
the Board soino pictures of what the site will look Bice fi-O t dilrerent sides Gf the propci-. , mr #
Connolly stated fiat we believe that cur application will conffirm with the zoti ng bylaw and that it
is not deiziirrerttal on abutting pi miertip,s and will have rtiiniinai impacts On traffic-
Mx- Ruwen asked how would the plarit nperate daring eonstraction. b& Connolly went over the
phin lbr operadoji diaing consvacfion. 'HdMeaghger, People for lino Emdroiuin.ont, Aatc d that
there wiV be a me air�g regarding this site at the Norlh Parish Church on July 9, 1998. Ms.
Lescarlieau asked that if at the next.meeting tlYcy we zc geifig to speak about on the rcoise. :i r.
Connolly stated that they subrE}itted a iioiso impact study wide thr, application. The Planning �
Board wiR said the, noigeatudy out,for review by a consultant. Mr. Nardi-Aa asked what �
variances were at ecded fbi: tine site- Ives- Colvwcll stated that th y on(y heed one for-the l�eight.
The Roar-ct scheduled a site walk 1oi- :00 p,m. on June 24, 1998 z
Continued until July 7, 1998.
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The,North Andover Planning Boars# held a regular mecti ng on July 7, 1998- T ci followiiig
iiicnibcrs were present' RRchard - Rowen, Chairman, John Simoncs, Clerk, Alberto Angles, �
ssociato Membt r and Juhn Simon& Katli-lcen Bradlop Ccly, ll, Town Planner was also present. E
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Dom scaliae,was present to rep]osent 285 Halt Road. Ivor, Sc Iise stated that on bchalfoftlxe �
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applicant they would not Iike to hold a heai-iiig toiiight because there is otAy 4 members present
arirl at the last Eventing (Bore was 6 aad they are afmid that it ni ght be a.pi-oblcm when it conies i
time to vote, Ms. Colwdl stated that we did rilceive a coley of our trade caixsul'tarits minments
but,we did not ask Biro to attend this mee6ag Because-we thought yoix conaiItant would not
have t€me to respond, Ives'. Ro de stated that }ye, has puL to ethcr a list ofthi-ags that he would
like to ice &-ring the pc,,r iiit prooc.Ss. Mr. RoWen stated that lie.ifs not man on surprises and ,
would like to pass thcrrc out to you, r- Rowpn went ovor his pimuh lilt with the Board and tho 3
applicants- Ms. Colwefl stated that the noise proposal wEm cant today to the 3 companio& Us. �
C:ohgell ahso stated that the People for the Enviromn iYt are holding a meeting Thursday night Jul
9, 1998 @ 7:00 Im-ag @ the Norfli Pat-W) Chu -oh-
Cmitiniie,d until August 4, 1998.
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The N6rth Andover-ftiniPg Board held a regulae moiling an August 4, f 99K. The following
members were press nt. Richard S. R.Ovven, Chl i nian, ,Alison Loscarboax3, Vice Chairman, Sohn. �
Simons, CIeak, Alb or-toAngles, Associate Momb r, Joseph Mahoney and 'Riohax-d .l sii-(lclla. �
atl>d.een Bradley Colwell, Town Planner was also present.
r- Rowen stated that we have had a cony iultatit review the enfir• PI'Olect as a health ist;uc. Tlic
consultant ccspondcd and the Board of-Health wrote a letter stating Lhat although much evidence, �
was presented to the Board of Health re ardiiig the. dangers inherent In some of the ear ssioias
prodocta fi-om the iv1. T irnd'ar'.wor, it is the opinion of flio]Bahl drat hi die quajitit_ies expected to
be,released aftci-the,3:etrof{t that.these.emissinns will not pose a Health threat to the citizens of
North Andover, David Minott of ART ,tatvd that after the upgrade,this would meet EPA -units, it
meets the zoting bylaw and emissions will go down- Mr- Minott staler! that ailex the upgradc the
stack emissions would ioeet,State and Federal standards- l . Nfinoit statcd that the total
exposur4'�tom 1995 - 2030 w0dd riot be sign Rant. Air. M nott stated that with the upgrade tho {
ash dust will be col twed ijx a totally eiiolos�d s terra and MRI has proposed a saubber drat
wouId (aonu oI tlic ash cdust. M I'has also incorporated a procedure to clean the ash off Che tir(:s.
Mr. Minott statcd tlsat this fish 13a�-beers tesfed in labs and basal on the tosthlg at other d
Wheelabrators it will come luck O.I - b&. Minott stated that they have xnaxlc secoxnjn�in(�ations �
for pen it conditions- The Plata ng Board will cnstxirc drat thin pubIic: has tr) late,gt
i2missioEts data by requiring D/IRI to install a computer a the Iibrary to display erni data.
The towel wiII hire a muj> for to inspect records on ikir quality and ash issues. Mi-. Roweri stated
r, nutt's position is that tke design ifapprovcd will meet Mate and Federal goveii cnt
i-egulations if fun pcapr dy, Mr. Nardella awed what Al 's i-cco3nmondation is on uisannounced
visits. Nor, .Rower stated that the Board required a.monitodtip, plan and asked if AW has cA)rnt alp
with one yet. Mr, Ninon staled that frequ3,,nt wmild bi-, required initially, buL !.Isis �
could be reduced lit futurf,years to l cilia s gaj ng to the plant f rjr times a year and looking a �
rccn-ds once, a month. NI.C. Mftiott stage! that'rf you saw iomething that raises your cycbrows �
you could c.'u ni'back more ficgiji x,n ly. Mr. Nu—dells stated tha€h(, would likc to sec a roonito6ng �
plarx, i .7 ardella quicstioncd DHP's standards for referee€fy and how it sways away ftam FIFA �
standards- r-Minott wept over I3EP's standards, ffidicating that Mass. DEP had the strictest in
the nation iiiriit on.m(,rcuEy, M'r, l ardelIa asked if thu upgrade will mect Mg--;saGhit setts r
standards- Ili•. MiTiott stated that it would. Mr- Rowen statcd that 41 the decision it will freed W �
slate that we will Ijave imannounced visits. NFr- Sinions asked what scierxffQ mekliodology NIr- �
M nott used to preview the proposed design. I& Minott sWed that h5 reviewed thu data given to
Win by both.NPU azid the,regulatory agcaoics, He also Mated that he slid exlensive intoAvicwiiig. t
Ali'. I1Enott stated that he (lid not do 17idep end cjnt ltcalth risks but, he did r;hecic the conclusions of
the consxal#ants, W, Simons c uedion(zxl the cpidctiijologicai studious that were done, Mx. D¬t
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statcd that the studies done dealt with the issues ofranc er and asthma- Mr- Minott stated that
those studies as described FOLInd pro l€Ijk betwoon this wxste energy plant and thc olsserve(1 ratie i of
the studicd heAh problems- n. Minott stated that lie is not a doctor and lie did not challenge
dios4-, studies- r- Minott st{tWd 1-hat oxic Ix t p�sjort is that BEP is conducting a canuruttative z
jmpact study and dicy ire to oki ng at the future and existing site. condi>~iens, ]AEI' bid icates that �
total impact does not show sign ica-nt tis - Nfs•- Simons asked if he was aware of ally larger
studies- Mr. 'Mirtott statM no- ht'• Simons askorl if it was pm sible,to show disparities with
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ttadving results, M&-- Miiiott stated that roc, example they track the twenty four 6r1m- runoiri f
average aAid thca compare Tat to Ehe pennit iiinits- r- N ncr tt stated teat sainpliing is conductcd
4v,vui,,d tunes per hour and the display will be updidud. Mr. Roweri Mated that we dcu!t waist to
5t�e a €Wenty four hour delay in reparEing data. Mr. Mardelfa stated that they aro proposing twelve �
hours- Mr-Narddla asked if he wexe,silting nn this BoEtrd what would you aonsidcr reasonable to j
as;k for- Mr-.Minott stated that what he womid want wfjWd be irkstant data and valid computer f
static as sioon as he could get it- Ms- Lescarbeau questioned the corrtplctc histor of NM and if
they have.any visolatfons. Mr. NUtioEt stated that the issiie,,i are more pmccdwal problems- Nh•- ;
Angles a3ked if thorn are any new teQhnologies that may be h ttele fit for tho MR.( plant, Mt•.
Minott stated no, this uligrzde would Esc this best equip ment, r. M.i€tott stated that with new �
strict limits tht!re isn't. a margiR fo-fiirtiicr gatti fo-r The pelkutants.
,frilic Micedham questioned whether ash is a toxin or is it safe. Mr- Minott stated that in a �
regulatory scnsc the ash is to be tested regalarfy- If the ash is tasted Q. - is is ti-ansported as �
non-hazEvdous. If tasted had A will bo tt-cated as hazirdou& Mr. Rowem staWd Al the ivAi are t
tc,A-cd- Adic Kncedham stated that sbc has wncia�ns witdi whoa-c they will be traveling with the
hai�ai:dotty waste. Mr. Rowen stated stint it will be discussed Wer in the meeting. Eric Wehmun �
stated that the testhig is to ascertain whether the toxcinE will coach otit ofthc ash. Fligher dioxin
levels have been shown becaxtse of inchioi-ators. Leah Kettles i stated that this report is highly
ffi sleadiro- to the Board and the Board needs to be,looking at health issues. Ms. Kefflesen stated
that if AR17s tclding the Doard that.MW is mecting hradth standards (-don't think they're to]ling
what they are not mccting. Mr. Simon stated that tic has not secii auiything scictitifia and he wants
to deal with fact. Mr. Rowen stated that berth issues were discussed at the-B. O .Fd of Health �
mectjngs this tnceting was,to discuss issues jxVit aid to the plaraniRE Board decisinrt, 1
,Anftew Reiner stated that there,are people its this rooms that would like to speak. At the oaTd of 4
Health ineetiiigs they let Mr, 1Minott %peak and then they voted iuid then they got up acid left- Mr-
Narde€€at stated that thaDoard ofMealtti staE that there is not a health threeaL GayLon Osgocad, l
Cfixdonaii oftFe Board of ffealth stated brat we made it very c leer e would only listed to the 1
Goncerns and was it- The Board of Huatltlt meeting. asn't fhE�re to criticize Clio ARI report and
the issue was studied fair three mr)nths- Mr- Reiner stated that they Bach no oppoAunity to express ;
therr concam.- with W Mnott`s report- Nfr. Rowen stated that the:Plate Beard asked the 5
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Beard of Hen€th to review the rep arr- Mr- Reiner stated that this Board its responsibilitics to
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listen to the public's concerns- Mr- Simon stated that tie would like €o hear €lie criticisms Mr- E
Rowun stated that we deliberately had several nmefings and da4t rtrincd that the best forum-woiifrd
be th4t the health issue bo COFId LlGbA by Elie Board of Hoalth- They have wAttea to us and stated
that the, retmfit is not going to be a health ha�.ard to the Town, What you're to€€ing ice is that tho �
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Board of Health slid riot concur a good recotnmetidation its your Opinion. Atty, Marty Healy
stated that there leas been sevef-al Board of Health incetings and this Board Juts AO Jun-sdiction. E
Ms. Lescarbeati stated that shc's a member of the Planning Board and not a scierrtrtst- She would
bs:]iapl�y tc� sit here tanthmidti �}t to fistrti to tlia peal f btut, sfic.is basing her decisisoyi on tht,
infuiirration pro vidia d by the experts hired to revieW the lirofect. Mr. Mahoney scat dd that Ire is
61fly aware of tho Friends.fog the Erwironnernt arch he sat at the Zors ng Board of'Appeals ineeting
for three hours. Mi. MahaTt� stated that he itccepts thu comments. ofTowii Counch and he is irsot
wirtling to stay Here all night, His position is that we're beyond where we.Should bc, �
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Joan Ki� ilasli stated that there was riot a series of public hoadi W held by the Boars€ ofBJ:oalth, �
There wero two r3-fm irlgs hnstad by Iv T and therc wcrc no cpportwdties to speak, lbs. Kalash �
state€ that she asked to lave Betsy Conte of HavcrHl star that she wroto a letter to the B aard of
Health and mover gat a response, Ms, Conle stated that they arc downstream getting the smoke.
s. Canto gkwstloned if they have,hired an enviromm—,nal la yor. Mt. Simon stated that ho is
Willing tO €isten to the science- Fi:ed Gloiin Foked other—than MR(where did you get your
inform2t4m. r- Minott stated that ho got it from MassachtmPR9 DRP and rlf,�eD years of
expuifnce working with these facilities, Fred Glorin gated that the'or statistical information was
ro Xyi' tat was snl rir#ttec� #roan vc+ s tf ere i cicponrl tyt s#oidy7 Th-Ea Ft)mier stated that
she is an cnvi ron mentalist speaking in terms of scientific data. If you hart a family rnvmher being
affeotccl by!saving two hundred scf tr a.niondi anal cou€dn't breath, Ms. Foznler s31ated that sire �
load to track these plants down and if slip,had waited t .tiI the dicta wu wbmittad her sere would
!rave died- M.s. Forroier mated that the children aro our j�.we€s arkd if you just rely ou sk7i(,-n ific da€a
you wiU be a €user. Tyr, Slnion� stated with all duo i-nsp ,a that's why f asketi for studies and I J
haven't seers them, Joan KUIasli stayed that Nei', A¬t is not aR opiderri;olrigia and tie does no �
have, the,backgvound to Ly that f'his is slot a hr;alth jssue. Ms, Kulash Tend frrim Mr, hEnotts 1
ropoe. s, ,rilash stated teat he did not mention the permit, for dio-/jn and that this incinerator
has the highest marmry- He se*rns to bo,poo pooh ng the vioJaliors for NM- Ms- Kulash read
over fief- comm nt�; on ash- M& KUlash stated that she a*ed the Ba��Yd to use their corrnnon �
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seise, that if Et# is saying dais &sh is OX, r1s,, ulash stated that the EPA-says ffiat Dioxin is a �
known humim toxinigen. Nis, ulasft stated that we can't afford to make a mistake once, because �
thejro !s a lot at Fisk here, IMS. Kulash read fiord her notes. ftitch Rotfistrhi a residt nt, x3ked if
Mr- Mnott could give him insight of-meeting the n4evw D.E.P. morauty lioiiit. M.I. miaott ,
stated that lie-looked at the data from sine or two af'the other plains.
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n Na asked if the testing for mercw:y would he dono overy niao TauntFss, r- Muott
staved yes, every nixie er unths- 1S&. Ro,wen stated that he understood about#hc; problems #!tat tfie
.resid-c,.ms ale concerned about but, � h+ notes task wins to find out if ifiis plaiii would meet thr,- '
seder rl and State re t ireiiienis for pcPTrnas, Mr, ko en stated [lmt lie wrists a monitoring plan �
arkil wood welowne pixy]€o co mequ because we're,trying to onsure,compliance- A tomey Healy
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stated thA hM is fighting people who cafe about the environment, Mr, Healy stated that he �
would like Franl,,#,erraro to speak, Mr. Feri-ai:o s€awd that-thcy have been very quiet €hi-o-Ligh the
proceedings. 'flee ETA,!`l.officer staters that tray have filed a Notice of Violation(NO'V) for i19_RL
Mr- Ferraro stated that thtefe have beets many inaccut:acies. 'Flo is-ue was an old pp:,fi pit. The,
pennit was rnodif ed in 1392. The NOV was based on flit;wrong data, I r- Fi-,rraro stated that ire
regards to dip,ash the citlzmo did the wi-ong drib ng wau�r test which has beEn confiunrd by tho
EPA_ Alf , [ °s tests liave bet in done by the agfi ck.o . MT, Ferraro slated that with regards to
die nlar u -Y we a;e Inte-zing twenty right, . his is a modern plant aad he,is sorry that Ms, Kuk0i
is usi rig oJd data. David Uriy 209 Vent Way, ask-Ld if3&- Minott was fan iliaz to the EPA dluK-
lituit, Mr, Minott staled that fie, dut�e trot lcnuw the Iimit boo, lie does know that one exists_ f
David rry 209 VesE Way asked ifMr- UnDtt was aware that thry are. ono huildrerl times stricter
for this permit_ Mr, TOinott stated that he clues not:bolicvc that is a fact and ques tic sxcd wiiorc: b
grit that iiironnatioii, David Urry 209 Vest 'gray s€awd that fici got it out of the 19911 FPA study.
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David Urry 2,09 Vest wary asked whatMr- M Mott suggests we do iIMRf fails to comply- r-
M.inott staitcd that State and Ftderal pemr is have the auffiority to s;hQt do}wri the facility, t
Attorney Healy stated that tN�re will be no work oijtsjdee of the limit of vvoi-k. The traffic inilraicts
will Ise an increase oft o additional workers per day. There will be zio change. in level of��rvice.
Paul Hajec, Town's traffic consoiltaorzt made thane recoin mend ations. One wars to have;stripjlig i
and signa a on Rt. f 5- The, seoand would be, (�enter and s;houldiJr pairi€ilig pal-tlxo? approval of
DPW. The t1�rd thiog would bo:the, installation of a yield sign per the approval of Mass. lEghwaey
or DPW- Mr-Hca€fy stated that tlicy are mbmitfing z letter agreeing to a trukk tune Wa mias sign
orb ect to the approval of Mass- Highway. Mr. Rovmn mki-el if tlini-C,was goilig to be any �
aidditiortal#rash, n-. really statoid that dici:c world not be- A ri-,sid it askioA what die total
iiiirulier of u-a�h trucks per day. Jim Colmolly stated that tliorrc ai-c and it will go 111) to
cightcui trsicks peT day, Pan I-Rijec stated that lie has gone back and fourth with I)eT-mit:C dolly
and he has rci:6ved a copy ofth4eir final results. Mr- Simons stated that in Mr. Hajccs 1ptter it
stated that lac had c orkc:erms with left hand turns- Nil% Haj cc, stated fliat the signs arc:to alert cars
that "oks airs to Fning. lvTr, Raiec stated that lie would like to see them tryiag to go,,t tlxo:tmrks to
use the road on off peak hours- Rcn Ximtme,11 stated that he has beau working with the, Berard uf
.>le-alth olcvo loping regulations so that there will bet fines for the tmoks, Mr. Ro en stated that 111 }
tNe wir*s will he heading Nui Eli rani Rt- 125. A resident asked who will be enforcing the�;of trucks - l
Mi-, Bowen stated that these h{afers have contracts with M.'( and it will lie part oftheir c€)ntract.
that they 4noist fellow these regulations- Mr- Rowell stated tlzait thce iatera is to keep them On Rt- �
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Steve ,Ambm.sz was present to speak on the no iso study he prepared, Mr, Anbr€use stated that lie �
€gas been involved with noise for twenty years, W-. ,Ambrose slated that the State regulations
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permit a 10 dB increase- Mr. Ambrose went ewer•rrxaniple�q of dB. A quiet whi sper is 10 d13. For
you to spealc to sumoone id 55-60 dill M-, Arnbm5e, sto# d that a 10 dB noise diif rence j,s the
minimal oaeeded to notice somaking change. Mr, Ambrose stated that typically hi a ncaglibo dio ad 3
where 1)eaple Ilrve dwing the day is 50 &1 and at nighttirne�t woo Id be IOdI3. Cajmlicfcial
prrrperty would tic 60-65 M. Mr. A.mbrogf-stated that thus site leas an advantage because of the
distance to the comii urdt.y, Mr. Ambrose stated that fqr a fcirced draft, or irid=M (kaft fan you
would t l)icaifly put iti a sifencez to tone cut the frequer€ties- Mr- AmbTosc stated that the,two
re.�Ideritial areas near this Eitc ort a giaiet aright may Dear uhange in sound but, not in level- i--
Ainbrose stated that lie fbund that the report that was lei-eparcd by MM was adequate and thinks �
it is very acliicvaobf c. r. l o en asked if he would recomrtcnd putt iris; in aL silencer on the,fan.
Imo'- Ambrose stated that unually duct work is installed, �
.r. Ro = stated that we have hired a consu to nt to review the plain: design to sec if it would
achitwe perniit levels eatabhshcd (Ms- Wc havc asked !tiro to inane a rcconup.mdation to the
Hoar d of lie th and the Boavd of I-Icaah wrote ais a letter-stafiag that it would not be an adverse
!realty problerrr. Anolro w R6ar ,.- stated that the erkvirunment:2il considr:raotioris is part of yortr
concern;i and is sped!=`€ca11y sited! jn the zoning bylaw, Mr, Refne€- started asking questlolm, flat
peitinerit to thou•scopof of the meeting, Ken Kimmell kafed than he has never been to a Planrxtng
Bc)ard m4r ,eting that a lawy4 f in the azi$dieiice tried tc interroga bE , a mcmbor, Ten l imuiell askfA if
r- Rowen waited to ragpond. Mr- Bowen stated that hof did riot.
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Mr. Roert 4ated that he would like to add in the rfacislOrk that the tc•43clCs are to Like R#, 45 per �
tnwks routes established by the Board of Health- Jim Mrjvej-the plant Inaaagel•, gated tl)at the
zt* aontracts will go out.to bill. M-- Rowen asked-if there is a way that iic call ensure other
] ,SWIC° co.nlrrmnitics where we stand. Steve Roths-t6u qatod that jiwere over infoi-med of a �
vio€atioii we will inform tho Town Ntanager and we wii€ work with nmel1, 'Mr. McIver
Mated that gill revenue gays to NESWIC �o he would have to talk to them be#'ore they break a
contract with a drivel-. Mr. I a.rdclla stated thitl what ever he Gould do to help would bc a.plcis.
r. .Ro ecx asked how t R1 will be awiv re of violation. Tyr. clvec staled that ht- is sure they
all get phone, caI€s, Nor. Ro ca asked if there will be a mechanism to report calls- f-, l iclvcr �
stMod that there would be.. t&-. Nai-data asked if thole was away to rnimber the trucks so that if
they do, do scmotbiiig wrong a resident can repmt it. M' -, Mclvex stated that he could look inn
that.
Inselxfi MahOnely left at 11,00 p.tn- brit ho huarrl all pertinent information f-gavding the, special �
permit and tho i€fbrm.atiou that fic Mussed eras the discussion f thr, decision. s
r. Rayon wunt over the Iist ofperixiit actions dated Ady 31, 1998. 'Mr, R wcc3 stated lfiat ifa �
resident does not have a computer they can go to the library to took up the di�ta. David Urly 209
cst way asked if there is a way tht y could get a w6sitc. Frank Fcrraru stated that this goas well
beyond what we've done in any oth4'r COFi1imuvity and it takcs human intervention to put data into
Elie website. iCr. imam; Wed that the mst Df a websitc is trivial and i4 is um ier to go to a �
website- r- la ecraro stamd that he would like to keep that opekt fog discussiafi. Ir- NaTdOfIa �
stated that the computei-wM be part of tht decision- Mr, Ferraro stated that and dioxin �
arc not co;iflnuafly xnwi torcd bur we havo indicators ghowiFig we are controlling it, .den
Ki€ mell stated that We-Will have a air co�jsultant to rend the data in a worse case sce�� io.
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Ferraro stated that if they have a malfunaionjng system it wiIl be rcpoj:tcd to D.E-I*- Mr- Rowan
staled llial the inn itoi-wili operate unannounced visits and hitctpi:et data- Joan I LL Wh stated �
that we need a physician riot hired by the applicant- Mt. kowcn stated tbaI t v,point of the x
inoli for is fo1.1r1(ildwring the-opeTatk)n as we get data. A.rasidcal asked if the reported daa will
be ix the penults. r- Ro en stated absolutely, e. have asked dim to put 910 data publicly, A
residont staled that ho tropes drat this Plarming-Board loos riot regret this in twenty to lliifty
years. David Unty 209 Vest Way iisked what is to prevent iftlie coniputtr does not)NOi'k. Nh-- F
ardclIa stated that it will work and it will be a candidcm in the decision- .fir. Ro en staled that
e°ra riot going to shut thorn down- Marty Mealy stated that they added that the plant r.Lanagec'
be p.reseixt when they do inspections for safety rca8uns. r. Nardella kisked vrhtt the
requirem rEts fnc notifjcatifin if you werr. to shut down the,plant,per`D-E.P. lam`. Ideally stated that
ifvwe find ;� probIarn and we, shut downwe're,not hiviolation. Ms. Lescatbeu wauted l0 know �
why thty could notify its as soon as they ncltify the regulatory agency, Mr. .Dowell stated that t
When they nod ry the regulatory agency then no ify im at t#io same, time and whan you amjtist k
sirrklting do fi otat side you have 24 huurs to notify ns.
Nardcfla asked if a truck tips ovear and clean up it: needed who is responsible For the zm;t. 1Wn
clve:-stated that.it is the haulers responsibility. Tfie driver wuuld ui l a taw truck and the itite,
pry€ice and th ey wGuld rleari and they woij1d thm leave, lvh,. Nardefia asked if he conceived f€ie a
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Town would have to pity tko cost. Ms- Mcfvu stated no, A.ttiiy Healy stated that the 1B oard of
Hea10i can re€nest us to report new D-B.P standard& Ma•. I ardella asked Mr- Kfinmell to looks at
the Sf'billet on the last page: of the letter dale Rely 31, 1999. fr. irr i-nel18 tated that he
would. ,t- Lescarheau asked i 118 havo lncnrparabcd all the comj tmU f6cm ARI and �
spec lfically the shut down issues on page 10. 13 of Else repo. MT, Rowon stated that he still �
wants Aid I to get a monitoring plan. 3vlr. Mirintt sited that the permit condition will require to
be tested every nint nionths and the Town heeds to make sure there is on site dufing �
the tents. Mr- Rowen sta€ed that when the mej teciE y and dioxin t %ts will be i ton acted the Town's
ccn5ultant will witness the tests, Idea ICirnrnd asked if the monitoriiig pkan is not complete by k
August 18, 199� where woWd the 13oatd like tic death-Ine to be. Mr. Minott stated that it would
be rashcd if it was to be in by tli�-,August 18, 1998. Mr. 1t Owen stated that if IM is stopping lip €
they should provido tlic infbi-mztiov in a timtly iiiannu. b&-. simens asked What would happen if �
art epide nelogy study eras fowid. Ken i mne,ll stated that if there is a report that iS credible that �
a is plant. is causing cancer I would not want to pelt Ehat in €lie decisiort. Mr. Nardella waked Mr- �
Minott if he has worked with arty con L;Atants that look a opiderneolo y, Mrr hfiflOtt stated ye�-
David Urzy 209 Vest Way stated that he is not a lawyer€slit, (lie,Town laxs been notified of the
risks of dioxin. fir. L rry stated that if dioxin is proves to be caichio dies the Town could have a �
cuss action law suit. F
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h Ro on stated that he appreciates eveUciie for roniing tonight,
n a nlotion by MT, 8jmoais, wemided by M& Lescarbe , the Boud voted uaaiiirnoti sky to close �
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The Public Uearing,
'1 N-.l*mih Andover Planning Board held a regular meeting on August 18, 1998- The;fullovAng �
mom bers were pv,sent; Richard S, Rowen, Chairman, Alison Lescarb4e au, dice Chairman, John f
Sire on,% C h rkc, Alberto Angles, Associnte lbwnbeA-, Joseph Mahont,y, i chap:d Nardella and ,Tolm
Simons. Kati�eun Bradloy C<olwoll, Town Planner was also present.
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The B o and sWded to go-ovt r (lic do isio i- Joam Ill,lash asks d foa- the Public Hearing to be j L°-
vpe,n od, 'Yh e l3oaTd did not re-alien the Public Hearing- Mark-DiSalvo stated that he would like
to speak. ME. Nardella as-eel if&,re is a guideline that WheeJabirator suggests for shuttiug down �
the plant 'tat case of CMEIvI equipment fd1uz:e, MaAy Healy stated that the decision should follow
1)eirmit requircments set by tbe, EPA and DER Mr. Rnwen asked if a thcriiiocoiaplc fads is thp,ra a a
tiaip,you woulrl feel uncorrfor€ab)e iunrj ng without nionitoring and is there son 43hirtg in DE-V
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that states that you would have to shut dowji. It was pointed out fiaat lucre is .redcin&nt
ecluipnir-w monitoring through tempejralares in the coinbusters and at the filter fabric jrdtts- �
Ti rxiothy Porter stated t.h€;j u was jao spccifle time in the,pcirn* after which the plant wuuId abut k
down after lcjss of CEM- However, tlzc peewit calls for continuous moniforing and meets the; �
gmdifici tions- Ms- Kulash tried to speak but fir. Ro en st€itc:d to tlxe public fliat the Public
Heariarg was closed two weoks ago at thj - last mt!edns. Joaii Kulash aAed what would inake you �
not watit to bear Lis shoals, .Marty Mealy stated than if this becornts a debate,lip,will be ve fy r
coniccinrd- If t s becomes a Public Heairjng lte will ltlidraw his comments. Xen.1 immell
stated that we had an air qua€ity consiillant to amcnver issue, to r'egijre automatic Ahut down- M-i-.
X imrc-el stated that use -lhouId levee it fef another day and have thce cx3nquItant respond to the,
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Phianing Boat'd with data. Mr. K1mmell Oinks that the air quality consultant should get baLck to
the Boai:d with a spilt down Mt- DiSaly n stated thw he would like to havo the public speak- �
r- Rowen stated that we had tho Public Ileaditig two weeks ago. Ak, DiS iilvo stated ihat this
topic was beat oii the table;at that lime, Mi•- owen staWd that auy point was m the tab]o at that
limo. A resident asked why the Board lot the pubic in tordglit- Mr, Rowen stated that if tky �
lrr►vc; ono speaker Ice will haten to the streaker- A resirloint stated that thane is no rea.�ori to rtrsli
this through- Joan Kulmqh Mated that Went'not.Your mimlics, wore due Your ears. A i-esidetnt
asked if the,-Board would hko the public to leavo the room so they could havo a candle lit room to
talk- Mr. DISalvo stated that tho Board should make their dedi sort only whm the J.3oard bias
received all the rrnfori iatnori if it is or> y a weCk i r, Healy stated that Mr. 1DiSalvo°s coimnents �
are misleading- Mr. Healy stated that.if NM is meeting FL PA-standards wo dmi't havo to Sim {
drawn the plant, Mr. Healy stated [fiat we have also set up a piogi-ann to share our information
with the comrouFn4. R�an KuIas;h scarfed to spoak ouL Mr. Rowein asked finer to sit down . Ms.
Ku aA,erd why the Board is siaitting im ouL Kent Kimmefl were. his draft amesidma nts for
the decision. Mr. NaTdOla a8kvd if lvl i was to have a wish list of back-t p parts what woi_ild yore
pick. Timothy Fortes- stated that they have an mi dep dent parts mam en•who is on c di and he
gets there withi in twenty four ltou.n,, i'or mile peotCd fatl><iics, Mr. Naide]Ia stated that what yoLi'i-e
Saying is that within t etnt.y tour 1101Ers rjm St rnicnitraritW,isstnes will € 0 resalvcd. KCnn J lain eft
read his rev'ssed mmmesnts. Mr, 16nirnc11 stater€ that he wou d Iiko to add irn "'I`lnr: air qu ality
consultant retained by the Town shall specifically investigat.acid acidness the extent to whiGh
IvM'N coatiriucius e,rWssiom-�.mon to ag erluiprnent is riot fh nctiornirng and report to tht Ple-nniing
Board based on aizWal data as to whether a standard stricter that imposed by DEP and USEPA
should be imposed to a idre4g tons issue, Snncln strider statidards may kiciude but me,not lirrnited €
to, imposijig a requrrerap nt that a combuster lac shut down if a continuous cmissioirs mot itoaing
system fails fit•an excessive amount oftnrrre, or requhing redimdant.continuos cauissions �
ii ovitoring oquipment. The PEar3rninng Board n:eseavcs fhte riglit to revisit this issrle after- i�ceiviin�
red}oaks from the air duality monitor- A. r•osicletat the:i3nacd an editorial fro-m the Citizen.
Mr- ardclla went over his clhangcs for f>.e draft dte6sion. 'M'T, SdmonH staters that lie wouid like
to see dioAni tests be done ca a quarterly basis- Mr. Mealy staters that lie f'ecJs that it v ooId be
ebjocofioniablo to go abovr, what DEP and HPA require. Mr. Rowein stated that tiro oii_o thing lte
wouid like,to include iii the decision would be that the town's monitor should be informPA two �
weeks prior to testing, and that 411 merUlry and dioxin testing ire donne at a time which accurately �
repro erntod the operation of tlse facility- yiiils t l libbard of C:ainp, l)rossor aiid McKee stated
ffifl they test quaetcrl fv>-m-,Tc�ry and eve my nine monitliz; for dio ia. J-ven though KU is not �
constair.tiy tracking they are tnacking s:urrogafes whose pcz#bi-maace is an indicatrnr of 5
rrnc=ny ciriission porforir a nee. ,Mr- Porter stated that it is 6ic solid wasto law to test every mine
mowhs. M'X. ,Simom ausked wlral tlnc dicxia test involved, bow minoh it ma and how long it takes. s
Mr. Pof-ter stated that it tit Les two days Go do oxkc combustor£nr five hours and each comb-Lis tar �
15,GOO and there are two combustors. Mc. Simons stated that he would hkf� to hayn, thcm test
cltnarterIy for dioxin. MU. SiMoirs stated that mercury and dioxin are the pudic bcaltb hazards: and {
this is hero the j-isk is. Via-. Rowen stated that lie would like to rertaiirly have diem do it for the
iia:st year of operation and if the,tests ue, co-n .steut we could ba(;k aft. Seaic.Urffwnter l
reprise nfin NPS 'C state that we Irrok at DEP and EPA rules that are, Fe-,lly protective and lie
thinks tho town will ba sdding exists Lhat are not necessary- hfi. Simons btated that MJ Gim do
extfa tests fn.r a year and then if'the tests cairn:back- ON— they can do away with the extra. Mr. �
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DiSalvo stated that aijr tax dollars are paying for the tests amy .ay, iVrs. LescarbBau went over €
her a oadrr eaq for the, draft decisicin- Mr. Mahoney worm over his amendments for the,draft
decision, Ms. Colwell stwd that she would hkt-W 5ptc3fically mfierence the plans and the,reliu s :
that were strbiyftted, My -. Rowto stated that thr,-re wi€I be five voting rrrernhem, V.r- Angles, 1 s, #
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Lwcarbeau, U. Ro cji, Mr. Sjmo€r9 and Muir, Na -&Ita. M'Tr Mahortry will hC abSWinbi g, A
resident asked ifthe Beard incorporatpd the ash in the deciskm andwho's responsible,for the ash t
orrice it leaves die,illciaoratof, mx, lvlcivcr staters that.it will I)e OWIWI' by N)-':�",;WC untH it gels to
the landfill- A residont: asked i i-this- cladfic€rti011 on wh4),s respor)sibkc for tEre aSh. .r- Rowe'll �
stated that the respon ib ity for tho ash is outside the scope of this 13oaA
Can a motion by Ms- Lesc;arbeau, seconded by r. Simons the Board voted 4-1-0 to approve [lie
draft site Hiatt rtview dccisiwi fur Mass. REFUSHEECH at 295 .Holt-[toad, I
r. Ancs yes
M,;- Lescarboau yes I
Nfi-. Simons Yes
Kr. NaiAoffa urn }
i+dr. Rowen yes
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W luiahorrc ab;tairied
Mr. MakQncyqated that he abstalned because he left- early at the last mQe ing, Mr. mahoney
stated that he spent teri hours listen ng to flic people for the mvirorrrrrent, reading the, Gitj7ea and
ft-ee Irorrrs at a ZB A meeting hSle ng Le your €ssuLc.s `, Maftoncy statM that he� is totally �
a ar- of their canc;errts- Nf L. Mal =oy E;tati cd that lac hoai-d all tlac tcstiinn€ry relative to the;&e t
plan aliproval appH4�arion but, lie did not voto because he Ie#t early one mectirig and he tlrcru ht lie �
could he challenged- Mr. Nardclia.stated that our zoning bylaw requires ors to look i-ata the
env]ronrrrent- c. Nai" eBa stated that he.for-one wouId like to nu to aldiongh lie did wovk hard
on this, we got thr,best decision we druid get but, he cc uldn'L vote for it.
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rat€ached at:c the couditioius, s
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Rkhard S. Rowen, Chaiirmm3 2
North Andover Planning 'Board
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