HomeMy WebLinkAboutFire - Correspondence - 210 HOLT ROAD 3/30/2021 TOWN OF NORTH ANDOVER
OFFICE OF
TOWN COUNSEL
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Suzanne P.Egan TEL.(978)794-1709
g ( )Town Counsel FAX 978 688-9556
segan@northandoverma.gov
March 30, 2021
Jeff Thomson
Northside Carting, Inc.
TBI, LLC/Thomson Brothers
210 Holt Road
North Andover, MA 01845
Re: Notice of Violation
Cease and Desist Activities in or around the Building Located at 210 Holt Road
Dear Mr. Thomson,
This serves as notice of violation of state and local laws and regulations arising out of the March
19, 2021, fire on your property located at 210 Holt Road,North Andover, MA. This notice of
violation is based on the following facts: TBI, LLC ("TBI") operates a transfer station at the
property under a license from the Massachusetts Department of Environmental Protection
(MassDEP) and a permit from the North Andover Board of Health. On or around August 17,
2017, a fire ignited the processing plant,the building was deemed a complete loss and was
demolished. On or around November 28, 2019, TBI applied to the Board of Health for a limited
use permit to operate the transfer station for 350 tons per day with no storage using only a steel
roofed three sided concrete bunker that was not enclosed by a structure. The permit was in effect
until November 28, 2020.
On or around September 21, 2020, TBI applied for and received a building permit from
the North Andover building inspector to construct a structure to hold the demolition materials.
TBI used the building that was under construction for dumping, sorting and transferring
demolition materials. The building was used while the construction the building and machinery
was taking place. The building inspector had not inspected the building and no fire alarms or
sprinklers were installed.
TBI continued to operate the transfer station even though the limited use permit had
expired. The demolition materials were delivered to the concrete bunker inside building that was
under construction. Further,the demolition materials which were known to be highly flammable
were stored directly under the worksite of contractors who were conducting hot work. The
contractor had a crane in the building and was working on the crane over the demolition
materials. There were no fire alarms or fire sprinklers installed in the building. The hot work
ignited the demolition materials and caused a fire which required a response from multiple fire
departments. The hot work was conducted without a permit from the North Andover Fire
Department
As you are aware,the state building code and the North Andover Bylaw section 195-10.3
provides that no building shall be used or occupied until the building inspector has issued a
certificate of occupancy verifying that the work has been complete and complies with all
applicable code requirements.
On the basis of the foregoing,the Builidng Inspector issued a Cease and Desist Order,
this serves to confirm that order and further requires that no work is to be performed or
material stored in or around the site. TBI is further ordered to pay to the Town of North
Andover the cost of retaining an independent structural engineer to inspect and report on
the condition of the building prior to any further activities occurring on the site.
As a result of the violations of the North Andover zoning bylaw section 195-10.3
Certificate of Occupancy, for occupying a structure without a certificate of occupancy, TBI is
ordered to pay a fine of$300 a day for each day the structure was occupied without a certificate
of occupancy. By TBI's account of the facts,the concrete bunker has been in use throughout the
construction of the building to dump, store and transfer demolition materials thus,the first day of
the fine is November 28, 2020 continuing until the day of the fire, March 19, 2021. For a total
of 150 days.
With regard to operating without a permit from the Board of Health, you related that you
believed that the permit had not expired due to Governor Baker's emergency order extending
permits during the COVID-19 state of emergency, however, your permit to operate a limited
facility in a three sided concrete bunker was valid for one year from November 28, 2019 until
November 28, 2020. There is nothing in the law that extended the local board of health permit.
Although the Governor suspended the expiration of certain state permits that order was revoked
on July of 2020, three months prior to the expiration of the Board of Health's temporary permit.
Please be advised that the Board of Health may also "[i]n accordance with M.G.L. c.l 11, §150A,
....at any time rescind, suspend or modify a site assignment upon a determination that the
operation or maintenance of a facility results in a threat to public health, safety or the
environment after due notice and public hearing. The public hearing must satisfy the
requirements of M.G.L. c.30A, W." 310 CMR 16.22. The Board is also authorized to impose
fines and penalties for operating the transfer without a permit.The Board of Health will consider
this issue at its next meeting on April##.
In the meantime, Thomson Brothers, LLC,Northside Carting, Inc./TBI, LLC/Thomson
Brothers are hereby ordered to cease and desist from using or conducting any activities in or
around the building located at 210 Holt Road, until TBI pays the Town of North Andover
sufficient funds to hire an independent structural engineer to inspect and report on the structural
integrity of the remaining,pays the fines for occupying the building and conducting business in
the building without a certificate of occupancy, and the Building Inspector issues a revocation of
this Cease and Desist Order.
Sincerely,
Suzanne P. Egan
4/13/2021 Town of North Andover Mail-Re:TBI North Andover
NORTH ANDOVER Brian LaGrasse<bla rasse northandoverma. ov>
Massachusetts 9 @ 9
Re: TBI North Andover
1 message
Jeff Thomson <jthomson@tbi-recycling.com> Wed, Apr 7, 2021 at 5:40 PM
Reply-To:jthomson@tbi-recycling.com
To: Brian LaGrasse <blagrasse@northandoverma.gov>
Cc: Suzanne Egan <segan@northandoverma.gov>, Brian Thomson <BrianThomson@tbi-recycling.com>
Brian,
We are looking to resume the resident/small contractor zigzag concrete wall where material is put into 30 yard containers right
away.We can bring the containers down to the loading area and with the grapple equipped excavator load directly to trailer without
any material on the tipping floor-from container to trailer.At least this would be some business being done because as you know
we are doing zero business but are still spending money to keep picking up weekly recycling-a scenario that does not work and
will come to an end if we are not doing some business soon.
When the sprinkler system is installed we would be looking to go back immediately to dumping debris in the building while the
processing equipment installation gets finished. As you know we were operating within the guidance of the DEP and the BOH
without any complaints or issue until a contractor caused a problem. We made sure to take in and transfer out to trailer without
stockpiling debris. I had requested a 6 month extension from the DEP on September 16 via email and have included the attached
letter that I mailed not emailed your attention at Town Hall.
We have always taken the responsibility of the trust given to us by the BOH and have done our best to follow the rules.As I was
outside talking with my brother, Brian,a few minutes ago I could hear the Dynamic excavator crunching up wood and metal studs
and debris. I watched several small trucks again today loaded with debris go up and dump there-It is difficult to be held to a
standard that others are not-we have a site assignment with the BOH-a solid waste permit with the DEP-a 30,000 square foot
building -we provide services to the Town-we installed a light at the end of Holt Road -and they continue to open air dump debris
without issue.
Thanks for getting us in front of the BOH as quick as you can,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
From: "Brian LaGrasse" <blagrasse@northandoverma.gov>
Sent: Wednesday, April 7, 2021 3:20 PM
To: "Jeff Thomson" <jthomson@tbi-recycling.com>
Cc: "Suzanne Egan" <segan@northandoverma.gov>, "Brian Thomson" <BrianThomson@tbi-recycling.com>
Subject: Re: TBI North Andover
Thanks Jeff and I need to get BOH approval to allow limited site usage like last time. I have your request to be on our next BOH
meeting agenda to vote on allowing temporary operations. Can you submit a letter requesting the specific operations you would
like to resume and how the operations will be conducted? The last one submitted in 2019 was before design and construction had
begun and is outdated for what is on site now. Thanks and when the next meeting date is determined I will give you a call. It will be
in the next couple of weeks but not on the posted date due to a conflict.
Sincerely,
Brian
https://mai I.google.com/mail/u/0?ik=2c94973612&view=pt&search=a II&permthid=thread-f%3A1696396282568709908%7Cmsg-f%3A1696419436607... 112
4/13/2021 Town of North Andover Mail-Re:TBI North Andover
On Wed,Apr 7, 2021 at 11:32 AM Jeff Thomson <jthomson@tbi-recycling.com>wrote:
Brian,
We are waiting for the structural analysis report from the UTS site visit that happened yesterday but we also need to get some
guidance from BOH on the use of the site post lifting of Building Inspector construction hold. We have residents,small
contractors, and commercial customers calling and stopping in daily-parking lot meeting on site would be preferred otherwise a
conference call if that is the Town preferred method.
Thanks,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
i
I
Brian J. LaGrasse, CEHT
Director of Public Health
Town of North Andover
120 Main Street
North Andover, MA 01845
Phone 978.688.9540
Fax 978.688.8476
Email blagrasse@northandoverma.gov
Web www.northandoverma.gov
All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts
Public Records Law.
Visit us online at www.northandoverrna.gov.
.n Interim Operations Plan 6 month extension request to Brian LeGrasse.pdf
102K
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•
D
BRIAN LAGRASSE
TOWN OF NORTH ANDOVER
DIRECTOR-BOARD OF HEALTH
April 09, 2021
Brian,
Now that Paul Hutchins, Inspector of Buildings, has cleared way for work to resume on
the new recycling facility we are looking to have a parking lot meeting to discuss interim
operation options with you before any BOH meeting. For now we are looking for the
green light to start letting residents and small contractors that have always utilized the
concrete zigzag wall that is adjacent to the recycling drop off area to start bringing
material. No material will be allowed onto the tipping floor as per Paul Hutchins
instructions.
Will follow up with a call.
Thank You,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
•
D
BRIAN LAGRASSE
TOWN OF NORTH ANDOVER
DIRECTOR-BOARD OF HEALTH
April 12, 2021
Brian,
Now that Paul Hutchins, Inspector of Buildings, has cleared way for work to resume on
the new recycling facility we are looking to have a parking lot meeting to discuss interim
operation options with you before any BOH meeting.
We are looking for the green light to start letting residents and small contractors (mostly
cars,pickups,box trucks, and other non-dumping trailers) that have always utilized the
concrete zigzag wall and the 30 yard containers in the area that is adjacent to the
recycling drop off area to start bringing material in. Material brought in is hand loaded
into 30 yard containers—separate containers for metal, wood, cardboard, and other
debris. Full containers will be loaded into empty trailers via one of our grapple equipped
excavators and sent for reuse, disposal, or for further processing.
For select customers with larger commercial trucks,while we are waiting for sprinkler
system installation in the processing facility, we would like to propose a North Andover
Fire Department fire watch detail to be on site to allow us to utilize either the East or
West end(East or West end of the building at any one time based on which end is not
having installation work) of the building for larger trucks to dump material. We would
kick sort wood and metals out and dumped debris and load the remaining debris into
trailers for disposal off site within minutes. We would again not be storing material on
the floor at the end of the day—all material coming in would be off of the floor—no
stockpiling—within minutes. Limited customers within a 7:00 am to 3:00 pm time frame
Monday to Friday with no more than 150 tons a day being dumped in the new building to
be transferred to trailers.
We have movable 10' high concrete walls and steel intermodal containers to create a
temporary storage bunker outside of the building for the wood that is kick sorted to
accumulate enough to load into a 53' walking floor trailer to be sent off site to be
recycled with a secondary use. When material is dumped on the tipping floor we can
quickly separate via grapple equipped excavators wood debris and ferrous metals to
different piles. With front loaders we will remove wood debris and metals out of building
to separate storage areas to be loaded into trailers. Any non-wood or metal remaining
material will be loaded into a walking floor trailer for disposal within minutes of being on
the tipping floor.
We have numerous 275 gallon totes of water spaced around the building and our own
water equipped fire truck parked.just outside of the building. We continue to field calls
from residents and contractors daily as well as on site loaded vehicles (many rental box
trucks) asking for advice as what to do now. As you know there are not a lot of options to
handle debris in the region. We are looking to continue to provide our services to
residents and some of our customers (limited)which intern allows us to provide the
donated weekly household recycling pickup service to the Town of North Andover.
Thank You,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
5/13/2021 Town of North Andover Mail-Re:TBI North Andover
NORTH ANDOVER
Massachusetts Brian LaGrasse<blagrasse@northandoverma.gov>
Re: TBI North Andover
1 message
Brian LaGrasse <blagrasse@northandoverma.gov> Wed, Apr 14, 2021 at 12:05 PM
To: Jeff Thomson <jthomson@tbi-recycling.com>, Suzanne Egan <segan@northandoverma.gov>, Stephen Casey
<scasey@northandoverma.gov>, William McCarthy<wmccarthy@northandoverma.gov>, Paul Hutchins
<phutchins@northandoverma.gov>, Melissa Rodrigues<mrodrigues@northandoverma.gov>, Andrew Shapiro
<ashapiro@northandoverma.gov>
Cc: Brian Thomson <BrianThomson@tbi-recycling.com>
Jeff,
Thank you for meeting with Joe McCarthy and me on site this morning. The Board will allow you to resume temporary
operations under the conditions stated in your letter until their next Board of Health meeting. The Board will meet at
7:00pm on May 13, 2021 and vote on issuing a six month temporary operations approval which should give you enough
time to get your site modification approvals from DEP and begin operations in the new building in accordance with your
existing site assignment. Please make sure you work with any other town departments and meet any other requirements
and conditions as requested prior to resuming operations. Please let me know if you have any other questions,
comments or concerns.
Sincerely,
Brian
On Mon, Apr 12, 2021 at 1:45 PM Jeff Thomson <jthomson@tbi-recycling.com>wrote:
Brian,
I
Attached Letter just sending to you first-if limited interim operations plan is workable with yours and the BOH approval only then
would I suggest sharing with other Town departments for further comments.
Let me know what you think or if you want to meet we are on site anytime.
Jeff
i
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
From: "Brian LaGrasse" <blagrasse@northandoverma.gov>
Sent: Monday, April 12, 2021 12:00 PM
To: "Jeff Thomson" <jthomson@tbi-recycling.com>
Subject: Re: TBI North Andover
Jeff, can you please submit a letter outlining all the temporary operations you want to begin performing and the criteria you will be
adhering to like you did back in 2019? I'd like to work with you and the Chair on getting you up and running as soon as possible
and with a preliminary approval issued before our next BOH meeting which should be on 4/29 and when the official vote will
take place. Thanks Jeff
On Wed,Apr 7, 2021 at 5:40 PM Jeff Thomson <jthomson@tbi-recycling.com>wrote:
Brian,
We are looking to resume the resident/small contractor zigzag concrete wall where material is put into 30 yard containers right
away.We can bring the containers down to the loading area and with the grapple equipped excavator load directly to trailer
without any material on the tipping floor-from container to trailer.At least this would be some business being done because as
you know we are doing zero business but are still spending money to keep picking up weekly recycling-a scenario that does
not work and will come to an end if we are not doing some business soon.
https://mai I.google.com/mail/u/0?ik=2c94973612&view=pt&search=all&permthid=thread-f%3A1696396282568709908%7Cmsg-a%3Ar-869922138933... 1/4
5/13/2021 Town of North Andover Mail-Re:TBI North Andover
When the sprinkler system is installed we would be looking to go back immediately to dumping debris in the building while the
processing equipment installation gets finished.As you know we were operating within the guidance of the DEP and the BOH
without any complaints or issue until a contractor caused a problem. We made sure to take in and transfer out to trailer without
stockpiling debris. I had requested a 6 month extension from the DEP on September 16 via email and have included the
attached letter that I mailed not emailed your attention at Town Hall.
We have always taken the responsibility of the trust given to us by the BOH and have done our best to follow the rules.As I
was outside talking with my brother, Brian, a few minutes ago I could hear the Dynamic excavator crunching up wood and
metal studs and debris. I watched several small trucks again today loaded with debris go up and dump there-It is difficult to be
held to a standard that others are not-we have a site assignment with the BOH -a solid waste permit with the DEP-a 30,000
square foot building-we provide services to the Town-we installed a light at the end of Holt Road-and they continue to open
air dump debris without issue.
Thanks for getting us in front of the BOH as quick as you can,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
Phone: (978)686-2020
Fax: (987)686-3086
From: "Brian LaGrasse" <b lag rasse@northandoverma.gov>
Sent: Wednesday, April 7, 2021 3:20 PM
To: "Jeff Thomson" <jthomson@tbi-recycling.com>
Cc: "Suzanne Egan" <segan@northandoverma.gov>, "Brian Thomson" <BrianThomson@tbi-recycling.com>
Subject: Re: TBI North Andover
Thanks Jeff and I need to get BOH approval to allow limited site usage like last time. I have your request to be on our next
BOH meeting agenda to vote on allowing temporary operations. Can you submit a letter requesting the specific operations you
would like to resume and how the operations will be conducted? The last one submitted in 2019 was before design and
construction had begun and is outdated for what is on site now. Thanks and when the next meeting date is determined I will
give you a call. It will be in the next couple of weeks but not on the posted date due to a conflict.
Sincerely,
Brian
On Wed, Apr 7, 2021 at 11:32 AM Jeff Thomson<jthomson@tbi-recycling.com>wrote:
Brian,
We are waiting for the structural analysis report from the UTS site visit that happened yesterday but we also need to get
some guidance from BOH on the use of the site post lifting of Building Inspector construction hold.We have residents, small
contractors, and commercial customers calling and stopping in daily-parking lot meeting on site would be preferred
otherwise a conference call if that is the Town preferred method.
Thanks,
Jeff
Thomson Brothers Industries Inc.
210 Holt Road
North Andover, MA 01845
I Phone: (978)686-2020
Fax: (987)686-3086
https://mail.goog le.com/ma i l/u/O?ik=2c94973612&view=pt&sea rch=a I I&perm th i d=th read-f%3A l 696396282568709908%7Cmsg-a%3Ar-869922138933... 2/4