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HomeMy WebLinkAbout1998-08-19 Minor Modification to SPR Decision 'Town of North Andover 4 �pRTN 1 0M— CB OF �20` ly�ayo� COMMUNITY DEVELOPMENT AND SERVICES "- 27 Charles Street ' North Andover, Massachusetts 01845 M�sS AVID WILLIAM J.SCOTTCHU Director (978)688-9531 Fax(978) 688-9542 Minor Modification --Refusetech, Inc., 285 Dolt Road Site Plan Review Special Permit 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 l(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 MRf facility that would allow the Board of Selectmen to designate a route for the facility. On Mayl 1, 1982, the DEQE issued a site assignment containing this condition. On February 1.1, 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 1(c) Signed, cy. C, CSC Richard Rowen, Chairman, Planning • ^1 �(Zu)r1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688.9540 PLANNING 688-9535 • CC: �R�WS�,/nKS , Sr�)H, CB, ET-Frocon, PUS, LOW, » i`IL:sWr. Rnr rn1r C NO)d - iJ.t�'�±' �i•'_I•r �Ct-�L ltJ. �/,�,//�7.i/rr�/ �i.rlr DN/a.�,•/i!� ..•J'L•�i%'i. �f /.'. i RECEIVO �� �J ( `�! � /��I. r•%�:•N S//iSJ�/. {, r�i ..'i /,it MAY 1 7 lr itJTH4!{Y'Q,Co+�TESt. 5<.0. .:•�1 • •!•ii .�� ��N .l.'�,,:i /!f .i•, �� �� 't% , C lmm, 14,M4 . J ��r•:lv� ,• 1 May QJ982 William F. H. Hic:k<.:, t:arzti s5 t�:.ler i')nvnrtment of Envirnniltint.il :'innagirmrlit i.eVCreLt S�ltonsrall hui ldirlf, Gov runtunt Ce ntor IrY, Cambridge Street N jssachttsv t t5 02,2tt? ik•.7t" Corniissionu:r Hic',o : ' 1 ho Visparment pf Pivironmantal Quality gnginueri11S, it: rt:.qIi(.nse CO rw g6ngL, held a Publ !,' hvari.n� lift Orch 24. 1982 rVat.ive to cho assLgnmen: tic an connsurp or a;TrnxJmatoly 14 .h2 aerrs A Innd fYr f Clark Street ' in ch, T1:w,.1 of. Ande'%y, As4achtlsatm fav tl>C' ns n site ror a solid wascel vvvrgv ru tl:'Pry fro- 1 l i t ;. . 'Nip property was raken by rite C LJt3mOtiWl al t}1 11}' aonin i q un Junv 14 , 19F2, Ordor of Ming No. Will, and re cor Od in the ;\J y i n C r cif 1:,;:•rlti , Northt'rn DI.--triot (if Essiex, Boot; \o 1513, l',qQ No, 158, Noclec or t11C ho:11'1:t,ti in tht; l,awr+,nce: Eagle':-Tribune, on ! ..!'1t'rary 26, 1989 aril 1T1 C.ho N:irl:.li r11;c,nv>!r (`iC.:7.t'n tin 1`ll,$rch 4 , IQ,82. ?U add No . Mlclt:f' 0" 011v he-arilli to tl1.? i:ort!i Andover BoarC', of -SQlLctr.vn , rh(t ri 1� An(;ov�r g{?fir+i i}r lit'k l h L!1•! "s}ti e: tlri(': CS F :s 3 0� 'S a 1 nt'iron ;rnt l Policy Act I't•i t s V'k- E%vcut. i vo Or; i v- or i nvir'nkkmen:al Affairs , thu !::)l•. r;innonttil U1' '{ :V. On .MVINVIn ne Lno Ileiicv of .hr Attorney Ganernj And the. upplLennt' 'i!to laid will be tts•,•d for tilt! ctatt.;trllCtiotl of a 1501 tons -per day snild Y:Nv— + energy ruc:overy f ac:.l i cy, ,1 Wailed description of the pr,opoHed Facility and ics inhuronr upvrat It nun :iq7vy'r wa;; pretiented h;v ropresonCati,,e of the `Sas -. chu6not< Buritau oC Solid t4.ost_e.' Disposal. At they time of the tit•;viii questions wure raised by two residents con- cer-LISD ; (1 ) rite stack h,.ik}lt cif tho plant and (2) tho Future capacity of the h;tcl" - up WWII II, in Peahedy .. (..Ot' I l Lant S to the Buroau & Solid Waste Disposal resp. kited to these quiu.-1;Liunis cal ti',c: s.at.isfaction of t'hese; residents and chi Oapatimvr.r. . In midi Lion, r;Je' t,uncorns of the North kidovpr Board of Solecrmon wPrt' pre anted , with o writotcn suMMIry sracement to follow, 'The record of cll,.: h,,ar?ng w,98 petit open for wrir,tint comments until April 2, 1982. A. i y 0111an, F . ` . �- Page '? The lvparc^nont rt'colvt•d timely writtt•n cornent:, from the To*-,-n of Norr.1, Andover -and front Wo.•;t o rn P i:•c t r[c Company , The concern expressed by Wt0s t v rn C].t'ctric relates! tt1 MlcinaLvd vehiculor traffic routes and the recommendacir,;; fora 5t:;1<trr,te acci:titi rti,_1ci or major roconsCruccion of. Rnucu' 125. This conc»rr was also One Of tbv ttIM-1•,nCs t•xnressed by the Town of North Andover. Thc• cocnrtcrnt5 subrtittVcl ?1:' tllt= ''iotrrt of North Andover included: Significant up-- grading of Poute 125 and Holt P,upd ; designation by the Selectmen as to wilat routes the trucks w1 .1 1 travel to 01v plant ; Selectmen's approval be gi,von prior to any c,apacit� of the plant beyond 1500 tons per day; curronc environmeatal stand:erdn be maintained at all times; and Selectmen be given oppnrtuni cy to rovi,eti.' and cc's,mie11t on 'exceri.or architectural design of tho f it l.i,,1 tY Tho f)rTartmvnr (?: Nr,viron-norcal Quality Engineering, after considerat-.on of all the information •rf1'Flliril?ltr, and in accordance Wch the provisions of . S:'ction 150A of f:hril)to i ] ] o tho Massachusetts Ceniral Laos, has decer„<ined tltrlt tht• nropost'd klso this land for the construction of a solid waste/rnorgy rocnvc—y (,tcmt ) ;iccepcahlo . The Department hereby az;signs this ] and fnr 'curt, purpo, ?, I'rr,.: i f'•t! that the facility he constructt'd and operated in -6 accnrdanc.e with thy Wapartmo:-tt 's regulaclons and the annroved engineering plans � su'Witted on chin pr,, j,n t Intl 1iroVldt.`Ci further that (1) 3 5 co , of the agre,Mvnt I10par;.r1:':1l ,: Pub] is Work:; and the Denar ment of v'ronmencal ;na ' 'FI:t:I1C Cti lili�rilCla' 1:r'tI{ l' i�� i11Id 1 0 t. itoad he su1?mi ttud to thi • Departmenr ; 1 \orch , dol.'r=r :ionrd ecemen shall agree wic i designated routes of tilt' plant ;"id that they have authority to designate specific routes of trucks cisinm Iota! ro&8 : (1) the plant Ghall not be expandod beyond 15O0 Conti per di i IL'.' without hoard of Suleccuien's approval.; (4) the part icu?l ntr_ r•ini.,initin rat,' of t',:<< t :: i1ity shall not exceed 0.05 grains per dry standard r.t:bit foot tort•ut•tcd t•o 12; W : ,inder a;ty operating condiclois; (5) the Salec-cmcn bt: given cilrtunity lt• ;'� =:i : ,: r�ud rommenc ort the cxtarioY architectural dQsigi of t h e ---- .i t';. A;wone aggri.ev1L'W ti;1;, action of the Department may regtie.sc an adjudicator•: hearing : ic1 ir, twi:nt)—tin, ri,'i?5 of the date of this action. The request irlusc he nadc in c:r1 c i nf; and ,ntt:,t :.t ci t- c:.l early and concisely every point of fact and law '.,'hick tiiv . {it•rson makill;� t'h1,, 'rt'a,U0St intends to raise at the adjudicat;ory hearing. . 'Cite rc:quc-,t ,intist 1,c' (1: DOOM Clerk, Department of I nvironn,nCaJ Qualic:• Fli," i.rlovring, flff it .+ ut General Counsel, One Hinter Street , 9th Floor ,. Boerun, `iassac.tus..'tt: 02J08, The Depart.mcnc wil 1 till i.^:,te with you further relative to the review K the cnr;inecring plans nwhiititted an this project and other related nwit.ter:. . Ye truly yours, 1 �—"'Willlam t: Hilaire, P. C. Regional. .E vi..ronmen cal Eng i nt'i1 r See aCtsched Vac tit• WiI .i;Tn F, M. ilic.ksl {-nmmi'; tic+nc'r 1: cL:: Board of Selvctmon, Town Hal) , North andovi;r, Mass. 0391,0 Board of heal t'}s, Town Hall , North Andover, Mays . ' 01160 Exocutive Off Icr! oC EnvironrTeiital Affairs, ME"A Vnit , S.zltmist;,1.1 Bui ;s� i;,� 100 Can�ricS,qt: Stroet , 20th Flc:or, Boston, Mass, (r�?n^ Office or rlt toriiQy General , Fnvi rormencn) Protect on Division, 1 ;',51€rirrt e'n Place, Boston, Mass. 021?02 Departmt�:iz of Environmental Quality Engineer ng. Office of General (:n Trttic 1 One Winter St:rc•L't--9th Flom-, Boston, Mass. 02108 Department. or F.nvironmcmtal (dual i.t•, En ineering, !Division of Hazardciti bepartraeTic or Errvirunnivntal Quality Engineering , Division of Air Qu,:lit'. cot Wustern Electric, 1lt O (.)yyood Stroct , North ,tndovctir, Mass. 01845 Acc,onti n: Joltr: {:oiinLir•s t THU 14-: 11 74V766 FAX NO. 67 P. 04 "OWN, ()V NURTiq ANDOVER, MASSACHUSETTs 'OFFICC OF � OF S1~ L EC EN, e o A R ❑ .l- M 45 a ., a! f '•���'- -NORTHEAST R'EGl -� .,�'•S April 2, 1982pR 5 e]QJf�� . IVV !Fti VM ii. ,-I) St. Hilaire �}.1.IT;' '.. of Environmental C�uality Engineering% -elv Boston Street (�C�n(�p 44 : <• l,.I.,�j� i4la:S4`1Chu-SMIS 0220A P:is .iFi' .relative to the site assignment for resource recovery facility on A Clark Street Andover, please be advised that the Selectmen request that the followin 1 >< li^rc,nr be placed upon the assignment. Ott. 125 and Holt Road Shall be signific:Antly u P 9rAdcd, :'• The Selectmen shall have the authority to rlesimtc what z truc?" 4Yill t,"avel to the pinjit. outes the � ,f ti. It The plant siMil not be exparlded beyond 1500 tons s day without the Solectrten's approval. The or erator shall ahvoys meet as a Minimum the environmental re�ulntio ns in effect can j'gnuary 1, 1979. _ iy Tho Seieetmcn sh a iveri all uc � the opPortunit on the csierior architectural desio of th Y to revi�W and comment e i�cility. u for your Cooperation TI1 this m9tter.Ver Y truly yours, BOARD Or, SELE, -;,,,:Y;• +. + ' ' •7�• �;+;}tip : ,s Thomas j: :McEvoy r: , Chairman Dc{' L- a 1 3U ►4 i 1 !4b{ JO rmA Nu U t r. Ub �r � �•��� ��Y hr�: `��.Z11�, �4f M�� Kn� :I� . S; it • i ,-.-r eg AFL „N:{i^yr .�•;..'i.� ..�ti� ` °µJ R."�y�'• +'., ' 24, -Solid waste/st3argy Recovery Facility otr- Clark Szreec, NO. ciov�r, Ham _. ^� <D f- L' 7C7 V/./04 14;J4 A,t l JUU U40ZIUJU 0WAAl1 [[1\UU IL'1\ Lgj UVA FGbrUarV 11, 1985 j 'Die Board held their regular fte Ling on this date Witt) all members present; Cha_i.rnhan Christine M. Smith, John W. Graham, Charles A. Salisbury, Xwwath C. crouch, Francis X. Organ, and ZxecutiVe Secretary Keith A. Bergman. Th,e warrant of2-11-85 was approved WvMimousxy and the minutes of 2-4-85 were approved 4-l(Selectman nugan abstaining). i Hearin Mass. ]lectric/New Englmld Telophone - Pole own summer. St. Ine board na Voted u =Xxtsly to approve a peLItion to install one support pale on Stumar St. Polio Grievance He", na Continuation A hearing was Cohtinuad to this date on the Step 3 grievance filed by the Police Union regarding the amount of vacation time posted for officers Alosky,-Crane, Lynch, Patnaude, Pickard, Quinlan, and Soucy. After Considerable discussion, the Board found that it Wou1Cd be best to follow part practice in settling this greivance, and that it appears that eat o�fieer is credited in January with the amount of vacation tiAte 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 .Corm January 1 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 credited with two weeks for 1985, and to direct chief Sullivan to ropost the last accordingly. The Board also noted Lhat wrier this system, an officer would pay back tho Town for any vacation time used but not yet accrued. 3rd Fire Station Pr sal John rcUuire 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. McGuire added that this matter wall not; be su]xhitted to the annual tosm meeting warrant as the property is not clearly defi.nod by law, but will be submitted for the 1986 annual tom meeting. nie Board voted to request Tows, Counsel Co draft a ltr of intent to Mr. Bodge. Leland PropertX Rt Mrt t e Boar-xi review correspondence frtan Town Planner, Karen Nelson relative to the possiblo purchase of 45+ nacres of land owned by Y'xr, jc&muid Leland. withl a prico tag of $18,500/acre. The co mlittee formed to study this purchase has suggesLed a feasibilivy study be done to assess how m- ch of this property .is buildable. Chaim-in CKri.sLi.ne 9ni.th noted that funds may be available through a grant.for th6 purchase. The Board'voted I,nani=usly to request that the Consarvation Ccrimi ssion and the Dept. of Public Works be present at the next meeting to furthex discuss this issue. Discussion of Office space Distribution The Board reviewed requests by the Personnel Bd., Planning Bd., UFSWC and the chaxter Cern- rdssion (if so elected), for office space on the ground level of town hall. The Board in- structed bteCutive Secretaryy Keith Bergman to discuss these matters further with the Personae.' 4 Bd. and the Planning lid. and report on the 25th. RMC -- DeSi nation of a Truck Traffic Route to/from Si -Resco Discussion ensued relative to a truck trraffio route to the Sigiml-Resco faeiliiy..for the ether 21 NESM member camunities. Sane residents felt that Johnson St. and other tern roads would be used as a cut through if Rte. 1.14 was dosignated as a viable traffic route. The Board voted unanimously that access be byway of. the Rte. 125 bypass in Haverhill from I-495 and that all other roads in North Andover are specifically off limits, but that ==a nities expressing a hardship will be reviewed on a case-by-caso basis. Appoint' a Cm mi tee to Stady Financing the Water Treatment Facility 119e Board unantvmsly appointed a ccmm ttee as follows: Exec. Secretary Keith Berg,=, Jams Gordon, Public Works Director, Advisory Bd. member, Town Treasurer, and capital. Budget ConTittee to review the financial picture relative to,the water treatment facility. L:ECMNS�11i G CatZgSSIONERS- Pro-Ratinq of Automatic Amsement Device License Fees EWCutive Secretary Xoith gergpnan reported that under YYZ C'..14©, S.177A, there is no provision for allowing pro-rating, and that in fact, a sentence which provided for prorating was struck in 1981. Selecbnan Charles Salisbury movod 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 est: Merrimack College `The Board unanimOU$ y approved a request for a one day all alcoholic license for "Irish Night" Harsh 1 frpm 8 - l a.m. in the rlurray Lounge with a police officer. Request for Transfer of Fuel Stara_ge 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 relining of the tanks be approved by him. The Board voted to schedule a hearing on this liceme application for Fobzuary 25, 1985. Catherine J. Foley, Secretary " t Pe Town of North Andover kORTH • OFFICE OF ��0 4. ,i 10 "6��0 COMMUNITY DEVELOPMENT .AND SERVICES 3$4 Osgood Street North Andover, Massachusetts 01845 WILLIAM J. SC07F S,4Clust Director Memorandum To: Joyce Bradshaw, Town Clerk From: Kathleen Bradley Colwell, Town Planner Date: August 27, 1998 Re: Site Plan Approval/Special Permit—MRI Revised decision The following "typos"have been changed in the Site Plan Approval/Special Permit for MRI. Please replace the original decision with this decision as the official decision. Page 4 10) " conditions 7, 8, and 9" changed to " conditions g, h, and i" Fn 1 "Conditions 7, 8, and 9" changed to "Conditions g, h, i, and j" Page 7 4(b) "Condition 16" changed to "Condition 4(a)" "Condition 11" changed to "Condition 2(a)" 4(c) "Condition 11" changed to "Condition 2(a)" Page 8 5(fl "Clan Air Act" changed to "Clean Air Act" 5(i) "stricter that" changed to "stricter than" Page 9 5(k) language added "and revised July 7, 1998" 5(k)(iii) language added "June 1998" 5(k)(ix) language added " and 7/7/98" If you have any questions please do not hesitate to contact me at 688-9535. CC. Planning Board K. Kimmel, Esq. J. Connolly, EMCON BOARD OF APPEALS 688-9541 SUIL.DRNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 SITE PLAN APPROVAL/SPECIAL PERMIT MASSACHUSETTS REFUSETECH, INC. EMISSIONS CONTROL PROJECT Background The Planning Board hereby approves with conditions the Special Permit/Sitc Plan Review for the construction of emissions control equipment ("the Project") at the existing solid waste incinerator located off of Holt Road and owned and operated by Massachusetts Refusetech, Inc. ("MRI"). The locus of this incinerator is 285 Holt Road, Assessors Map 34, Lot 21. The land is owned by the Commonwealth of Massachusetts, and has been leased to MRI. MRI applied for a Special Permit/Site Plan Approval on or about May 15, 1998. The project involves the installation of air pollution control equipment required by the Clean Air Act and the regulations promulgated thereunder. MRI proposes to replace the existing electrostatic precipitator and dry sorbent injections systems with new equipment consisting of spray dryer absorbers, fabric filters, a selective non-catalytic reduction system, a powdered activated carbon injection system, and natural gas-fired auxiliary burners. The project also involves enclosing the existing ash storage shed to better control potential fugitive emissions from the ash pile. The Planning Board held a duly noticed public hearing on the project on rune 16`', 1998, and continued that hearing to August 4"', 1998. The Planning Board closed the public hearing on August 0, and voted on the application on August 18, 1998. In addition to hearing testimony from MRI and its consultants and members from the public, the Planning Board also received independent expert analyses from the following individuals: 1)David Minott of Alternative 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 oral testimony regarding noise impacts; and 3) Paul Hajec of Hajec Associates, who presented a written report and oral testimony regarding traffic impacts. While this application was pending before the Planning Board, the North Andover Board of Health also held three public meetings to hear testimony on the potential health effects of the facility. At the conclusion of these public meetings,the Board of Health voted unanimously to inform the Planning Board that on the basis of its review, the facility would not cause adverse public health effects. The chairman of the Board of Health sent a letter to the Planning Board so indicating. Findin s The Planning Board has evaluated the application with respect to all relevant review criteria and design guidelines set forth in Section 8.3.6 of the Zoning Bylaw and the special permit criteria set forth in Section 10.3 of the Zoning Bylaw. On the basis of this extensive review, the Planning Board makes the following findings as required by the North Andover Zoning Bylaw §§ 8.3 and 10.3. t 7 1. The site is an appropriate location for the project. The site is within the Industrial 2 zone, and resource recovery facilities are allowed as of right in that district, In addition, the facility has been operating at this site since the mid-1980`s, 2. Provided that MRI complies with all conditions to this approval, the Project will not cause any adverse effects on the neighborhood. The visual impacts are minimal, as the new structures are lower than existing structures, and will be placed within the existing developed footprint of the facility. The noise impacts can be controlled to acceptable levels with proper design and engineering. Most importantly, the MR1 facility will emit significantly lower concentrations of pollutants as a result of the Project. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The Project will cause a minimal increase in truck traffic on Route 125 and Holt Road, and these minimal impacts will be more than mitigated by conditions imposed on this permit. 4. MRI's plans provide for adequate and appropriate facilities for the proper operation of the facility. As noted, this is an existing facility, and the existing infrastructure is adequate and appropriate. To the extent the Project imposes additional demands upon infrastructure, MRI has appropriately addressed these additional demands in its application. 5. The Project is in harmony with the general purpose and intent of the Bylaw. As noted, this type of use is allowed as of right in the Industrial District. Also, the Project will result in lower emissions of pollutants, thereby providing a healthier and safer environment for the residents of North Andover, compared to existing conditions. 6. MRI has submitted all information required by Section 8.3.5 of the Zoning Bylaw, 7. The Planning Board further finds that the Project should satisfy all relevant review criteria and design requirements set forth in section 8.3 of the Bylaw. 8. The Planning Board finds that conditions are required in order to ensure full compliance with Sections 8.3 and 10.3 of the Bylaw. The Planning Board hereby grants an approval to MRI subject to the following conditions. Special Conditions 1) Truck Routes/Traffic a) The Planning Board finds that the appropriate route for trash trucks entering and exiting the MRI facility is as follows; 1) enter the facility via Route 495, to the Route 125 /Ward Hill Connector, to Route 125 South, to Holt Road, and 2) exit the facility via Route 125 North, to the Route 125/Ward Hill Connector, to Route 495 (hereafter referred to as "the Designated Route"). 2 b) Commencing upon the date of filing this decision with the Town Clerk, MRI shall assist in ensuring compliance with the Designated Route by placing language in all new contracts with MRI, and in all renewals of existing contracts between MRI, and municipal solid waste haulers, ash haulers, and metals haulers (collectively referred to as "MRI Contract Haulers") requiring such haulers to use the Designated Route, and any applicable truck route regulations that may be issued by the Board of Health. This condition will apply to all contracts that MRI enters into directly with the haulers. To the extent that equivalent provisions do not already exist in the existing contracts, MRI will use its best efforts to incorporate the above requirements in the existing contracts by January 31, 1999. The term best efforts includes, but is not limited to, sending to such haulers a copy of this decision and a written request that the contract be amended to incorporate the above requirements. A copy of any such written request shall be copied to the Town Manager, and MRI shall follow up the written request with additional efforts should the Town Manager request it. c) With respect to the hauling of municipal solid waste that is collected within North Andover,the Planning Board did not hear testimony on whether it is practical to require haulers to use the Designated Route. However, the Planning Board understands that the Board of Health is in the process of promulgating comprehensive regulations designed to address trash truck traffic, and the Board of Health regulations are expected to determine 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 shall place language in all new contracts, and in all 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. To the extent that there is any conflict between the Designated Route and the Board of Health regulations, the latter shall control. d) Within thirty days of the date of filing of this decision with the Town Clerk, and at least annually thereafter, and whenever requested by the Town Manager, MRI shall send to MRI Contract Haulers reminders of the Designated Route with a reminder that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. AM shall promptly send copies of such reminders to the Town Manager. e) Within five days of learning of a violation of the above route restriction, MRI shall provide written warnings to any MRI Contract Hauler that MRI determines has violated the route restriction notifying the hauler that failure to comply with the route restrictions may result in revocation of the contract or suspension of tipping privileges. MRI shall promptly send copies of such warnings to the Town Manager. Within thirty days of the date of filing of this decision with the Town Clerk,and at least annually and whenever requested by the Town Manager,MRI shall send reminders of the route restrictions to NESWC with a request that NESWC advise its member communities about the route restrictions. MM shall promptly send copies of such reminders to the Town Manager. 3 g) MRI shall propose and fund the installation of truck turn warning signage along Route 125 northbound,just prior to the Route 125lHolt Road 'intersection, subject to approval and implementation by the Massachusetts Highway Department. h) MRI shall propose and fund center and shoulder-line painting along Holt Road between Route 125 and the MRI facility, subject to approval and implementation by the North Andover Department of Public Works. i) MRI shall propose and fund installation of a YIELD sign for right turns from Holt Road onto Route 125 southbound, subject to approval and implementation by the Massachusetts Highway Department and the North Andover Department of Public Works. j) MRI shall apply for approvals of the Massachusetts Highway Department and the North Andover Department of Public Works no later than October 31, 1998, and shall make best efforts to ensure that the conditions g, h, and i are implemented no later than March 1, 1999.1 2) Air Quality Monitoring and Access to Data and Records a) Public Access to Compliance Data in Real Time. Prior to operation of the Project,MRI shall arrange for public access to Plant data by establishing an Internet website accessible using common web browser software such as Netscape or Microsoft Explorer. Data from MRI's database computer shall be downloaded to the website for the purpose of providing public access to continuous emissions and operational operating data, suitably tune-averaged for compliance demonstration as defined by DEP and US EPA permit conditions, regulations and guidelines. Public access in this regard shall be unrestricted as to who may access the data, and as to time of day or day of the week. MRI shall provide the data to the website continuously throughout each day on a basis as near to a real time as is reasonably practical, but not more than twelve hours following the end of the data tune-averaging period required for compliance demonstration. MRI shall install a computer, modem telephone line, and modem in the Town's library to facilitate ready public access to the data. 'The Planning Board recognizes that there is case law to the effect that a local board may not impose conditions that require the approval of other agencies, such as the Massachusetts Highway Department. Should a court determine that Conditions g, h, I, and j are invalid on that basis, it is the Planning Board's intent that those conditions be deemed severable from the remainder of this decision. The annulment of those conditions would not affect the Planning Board's ultimate determination that the Project meets the criteria in the bylaw, including traffic-related criteria. 4 b) The specific continuous monitoring data to be made publicly available is as follows: i) Most Recent Compliance Data: The latest monitored emissions and operating levels, compared with permit limits (graphical format), specifically: (1) Sulfur Dioxide, 24-hour average geometric mean concentration and the removal efficiency (2) Nitrogen Oxides, 24-hour daily arithmetic average concentration (3) Opacity, 6-minute average percentage values, daily summary (4) Carbon Monoxide, 4-hour block arithmetic average (5) Flue Gas Temperature at the fabric filter inlet, 4-hour block arithmetic average (6) Mercury,Dioxin, and any other parameter that is tested but not subject to continuous emissions monitoring data, the latest test results. MRI shall test quarterly for dioxin. The Planning Board reserves the right to amend this condition and allow less frequent testing if the test results during the first year of operation reveal levels of dioxin substantially below the permitted limits. ii) Summaries of Historical Compliance with Applicable.Limits: (1) For each continuously monitored parameter above, an historical compliance summary shall be provided that includes, at a minimum, the prior week's data and the last six months' data. The format, graphical or tabular, shall clearly convey the number, dates, and magnitudes of any exceedances of applicable limits. (2) For mercury, dioxin, and any other parameter that is tested but not subject to continuous emissions monitoring data, the preceding three years of test data, in a format that clearly conveys the number, dates, and magnitudes of any exceedances of applicable limits. iii) Continuous Emissions Monitoring E ui ment Malfunction Summaries: (1) Summaries of time periods during which each continuous monitoring system was malfunctioning while the facility was operational, as"operational" is defined by applicable regulations. (2) Quarterly cumulative summaries of such malfunction time. iv) Should MRI be required by US EPA or DEP to modify the frequency, nature, extent, or type of sampling and reporting, MRI shall promptly adapt the above database so that it is consistent with any such modifications. c) Compliance Records. Commencing at the time this decision is filed in the Town Clerk's office, at the same time that MRI submits such reports to regulatory agencies, MRI shall deliver to the Town Manager two copies of each periodic (e.g., monthly, quarterly, 9- month, annual) report required by federal, state, or local permits and/or regulations relating to air quality. 5 i d) Inspection of Facility Operations and Records. Commencing at the time this decision is filed in the Town Clerk's office, the Board of Health and its Agents shall have the right to both unannounced and scheduled inspections of any and all facility operations and operating records generated after this decision is filed with the Town Clerk as required to assess ongoing compliance of the facility with permit limits and conditions imposed by US EPA, DEP, and the Town, and compliance with the applicable air quality regulations of those entities. The right to such inspections is unrestricted in frequency, timing, or duration, provided that such inspections are conducted in the presence of the Plant Manager or his designated representative, in a manner that does not unnecessarily disrupt MRI facility operations and in compliance with MRI health and safety policies and procedures. Without lirniting the foregoing, MRI shall provide fourteen days prior notice to the Board of Health and its designated representative before conducting tests for mercury, dioxin, and/or any other pollutant that is not tested on a continuous emissions monitoring basis. The Board of Health and/or its designated representative shall have the right to be present at the facility during such tests, and shall have access as may be needed to ensure that the tests are representative of the facility's operations. The test shall be representative of actual facility operations. 3) Solid Waste Monitoring a) Inspection for Ash Dusting. The Board of Health and its Agents shall have the right to periodic unannounced inspections for the purpose of determining whether ash-handling, storage, and load-out operations comply with the US EPA and DEP requirements restricting visible emissions, with such compliance to be determined as specified by those agencies' regulations. Such inspections shall be conducted in the presence of the Plant Manager or his designated representative, in a manner that does not unnecessarily disrupt MR1 facility operations and in compliance with MRI health and safety policies and procedures. 4) Shut-Downs of Combustor Units and Other Problems a) Shut-Down of Combustor Units. MRI is required to promptly cease the charging of municipal solid waste to a combustor unit or units if any of the following criteria is met as to that combustor unit or units: i) Potential for Stack Exhaust Fan Failure. The forced draft or induced draft fan ceases to function. An interlock is required that automatically prevents the further charging of waste to the affected combustor unit(s), until the fan resumes service. ii) Potential for Excess Emissions from Inadequate Combustion Efficiency. On startup, furnace gas temperature, as measured at Elevation 125` - 0" (T1 & T2), less than 1600 F (which is equivalent to 1800 F at the one-second gas residence time plane). An interlock is required that automatically prevents the charging of waste to the affected combustor unit(s), until the temperature criterion is met. 6 During waste combustion, furnace gas temperature measured at Elevation 125' - 0" drops below I600 F for more than three hours, Operator must promptly cease the charging of waste to the affected combustor unit(s), and cannot resume charging until the temperature criterion is met. iii) Potential for Excess Emissions from Failure of the Fabric Filter. More than three fabric filter modules are out-of-service (isolated). Operator must promptly cease the charging of waste to the affected combustor unit(s), and cannot resume charging until sufficient modules are in service. iv) Potential for Excess Emissions from Scrubber Failure. Temperature exceeds 450 F at fabric filter inlet; i,e., following the spray-dry absorber (scrubber). An interlock is required that automatically prevents the further charging of waste to the affected combustor unit(s), until proper scrubber functioning is restored, as evidenced by the temperature at the fabric filter inlet. Lime-slurry feed to the spray-dry absorber interrupted for more than four hours. Operator must promptly cease the charging of waste to the affected combustor unit(s), until lime-slurry feed is restored. v) MRI shall maintain a written record on site of the occurrence (date and time) of any of the above events, and the reason, to the extent known, for the occurrence. b) If there is a shut down of a combustor unit(s) for the reasons set forth in Condition 4(a), MRI shall promptly notify the Town Manager of the shut down. The term"promptly" means if the shut down occurs during Town business hours,within three hours of the shut down, and if the shut down occurs after Town business hours, no later than 10:00 A.M. on the next normal business day of the town. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). c) Commencing at the time that this decision is filed in the Town Clerk's office, whenever NM is required by permit to notify a regulatory agency of an accident or violation, MRI shall also notify the Town Manager at the same time that it notifies the regulatory agency. MRI shall also post any such notices to the Town Manager on the database referenced in Condition 2(a). 5) Miscellaneous a) MRI shall not combust sewage sludge in the combustor units. b) Noise:Noise from the facility as upgraded by the Project shall not increase the broadband level by more than 1OdBA above the ambient levels or produce a"pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. In order to ensure compliance with this condition, MRI shall perform ambient testing prior to operation of the Project, at Location 5 as referenced in a document entitled"Sound Level Evaluation 7 • J` for the Massachusetts Refusetech, Inc. Emissions Control Project, prepared by Michael D. Theriault Associates, Inc., and consistently with the testing that was done in that report, MRI shall then perform testing at Location 5 not later than one hundred and eighty days from completion of on-site construction, and compare the test results to determine compliance. MRI shall submit the test results with a report indicating whether the test results indicate compliance with this condition, If the test results indicate non-compliance, MRI shall devise and implement measures to ensure compliance. c) MRI shall comply with all applicable federal and state laws, regulations, and permit conditions governing the operations of the facility. d) MRI shall pay to the Town the lump sum of twenty-five thousand dollars ($25,000) on or before January 2, 1999, in addition to any payments made under the Host Community Agreement between MRI and the Town, for the purpose of funding air quality monitoring activities relating to the facility. MRI shall pay the lump sum of$25,000 on or before l January 2 of each year thereafter, and this obligation shall cease one year after the termination of the operation of the entire facility. e) MRI shall provide financial security in a form acceptable to the Board, such as a proper bond analogous to that required under the Subdivision Control Law, G.L. c.41, §81U, in the amount of fifty thousand dollars ($50,000) to be used by the Town for expenses incurred by the Town should the facility be abandoned or extraordinary expenses incurred by the Town to provide emergency services at the facility while it is in operation. The financial security shall be renewable and reinstatable and shall be maintained on a yearly basis, and NM shall notify the Town Manager when the financial security is established, and each time it is renewed. f) nless otherwise specified, the conditions herein shall be effective upon operation of the emissions control project. Operation shall be defined as the date upon which MRI submits its initial performance test to DEP in accordance with the new Clean Air Act regulations. g) All conditions to this Special Permit/Site Plan Approval are binding upon any and all successors, assignees, and transferees of MRI. h) Without limiting the remedies available to the Town, violations of these conditions are subject to fines and/or injunctive relief to the fullest extent authorized by law, i) The air quality consultant retained by the Town shall specifically investigate and address X the extent to which MRI's continuous emissions monitoring equipment is not functioning and report to the Planning Board based on actual data as to whether a standard stricter than that imposed by DEP and USEPA should be imposed to address this issue. Such N ek stricter standards may include but are not limited to, imposing a requirement that a combustor be shut down if a continuos emissions monitoring system fails for an excessive amount of time, or requiring redundant continuos emissions monitoring equipment. The 8 Planning Board reserves the right to revisit this issue after receiving reports from the air quality monitor. j) Prior to the date of Operation, MRI shall submit to the Board an as-built plan, certified by a professional engineer, indicating that the Project has been constructed substantially in compliance with the plans contained in the Application for Site Plan Review. k) The Application for Site Plan Review, dated May 15, 1998, and revised July 7, 1998 and the attachments thereto, shall be deemed part of this decision, and the Project shall be constructed in accordance with those documents and plans including the following: i) Traffic Impact Assessment prepared by R. D. Vanasse &Assoc., Inc., 10 New England Business Center Drive, Suite 314, Andover,MA 01810, prepared for EMCON, 3 Riverside Drive, Andover, MA 01810, dated January 28, 1998, rev. August 3, 1998. ii) Air Quality Monitoring Report prepared by Earth Tech, 196 Baker Avenue, Concord, MA 01742, prepared for Massachusetts REFUSETECH Inc., 285 Holt Road,North Andover, MA, dated January 1998. iii) Sound Level Evaluation prepared by Michael D. Theriault Associates, Inc., prepared for EMCON, Inc., Andover, MA, dated January 1998, rev. July 1998. iv) Visual Impact Analysis prepared by Young Associates, 121 Juliand Hill Road, Greene, NY 13778, prepared for Massachusetts REFUSETECH Inc., 285 Holt Road, North Andover, MA, dated January 6, 1998. v) Independent Air Quality Review of Proposed MR1 Emissions-Control Upgrade, prepared by ARI, 9 Pond Lane, Concord, MA, for Town of North Andover Planning Board and Board of Health, dated July 1998. vi) Noise Study Peer Review prepared by Stephen E. Ambrose,Noise Control Engineer, 4 Old Great Falls Road, Windham, ME 04062, prepared for the North Andover Planning Board, dated July 30, 1998. vii)Traffic Review prepared by Hajec Associates, 375 Common Street, Lawrence,MA 01840, prepared for the North Andover-Planning Board, dated July 2, 1998. viii) Plan titled: Massachusetts Refusetech Inc., 285 Holt Road,North Andover, MA Air Emissions Control System Retrofit General Arrg't Elevation, prepared by EMCON,Inc., Andover, MA, dated 4/15/98, last rev. 5121/98 ix) Plan titled: Massachusetts Refusetech Inc., 285 Holt Road,North Andover, MA Plan to Accompany Application for Site Plan Review, prepared by EMCON, Inc., Andover, MA, dated 4/15/98, rev. 5/13/98, and 7/7198. 9