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HomeMy WebLinkAbout1998-08-04 Planning Board Minutes Planning Board Meeting Senior Center August 4, 1998 Members Present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman, Alberto Angles, Associate Member and Joseph Mahoney were present. Richard Nardella arrived at 7:10 p.m. John Simons, Clerk arrived at 7:35 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to approve the minutes as amended for July 21, 1998, Continued: Brook Farm - definitive subdivision Ms. Colwell stated that we will put the conditions from John Chessia's comments into the decision and they will have to add regrading to the plan prior to endorsement of the plans. Ms. Colwell stated that she wants to add to the decision the requirement to preserve as many trees as possible outside the limit of clearing. An abutter of 57 Christian Way asked when they do away with the existing circle and the sprinklers get removed is it the developers responsibility to replace them. Mr. Rowen stated that it is in the Towns right of way but, the developer should try to work with the homeowner. Pam Bird of 20 Christian Way has concerns with drainage on her property. Marty Halloran stated that were taking care of the drainage from our property, we can't take care of the existing drainage on your property. Pam Bird asked if there is someone they can talk to if they begin to have problems once the work starts. Marty Halloran stated that ConCom will be after us . An abutter of 57 Christian Way asked if they could have a copy of the outside consultants comments. Ms. Colwell stated that they can come by the Planning Office and get a copy. An abutter of 57 Christian Way had concerns with the tree clearing. Marty Halloran went over the tree clearing line with the Board. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Pubic Hearing. Decisions: Brook Farm - definitive subdivision On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the decision as amended for Brook Farm. 33 Johnson Street (Youth Center) - site plan review On a motion by Mr. Angles, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the decision for 33 Johnson Street as amended. Continued: 285 Holt Road site plan review Mr. Rowen stated that we have had a consultant review the entire project as a health issue. The consultant responded and the Board of Health wrote a letter stating that although much evidence was presented to the Board of Health regarding the dangers inherent in some of the emissions products 1 ��j from the MRI incinerator, it is the opinion of the Board that in the quantities expected to be released after the retrofit that these emissions will not pose a health threat to the citizens of North Andover. David Minott of ARI stated that after the upgrade this would meet EPA limits, it meets the zoning bylaw and emissions will go down. Mr. Minott stated that after the upgrade the stack emissions would meet State and Federal standards. Mr. Minott stated that the total exposure from 1985 - 2030 would not be significant. Mr. Minott stated that with the upgrade the ash dust will be collected in a totally enclosed system and MRI has proposed a scrubber that would control the ash dust. MRI has also incorporated a procedure to clean the ash off the tires. Mr. Minott stated that this ash has been tested in labs and based on the testing at other Wheelabrators it will come back O.K. Mr. Minott stated that they have made recommendations for permit conditions. The Planning Board will ensure that the public has access to latest emissions data by requiring MRI to install a computer at the library to display emissions data. The town will hire a monitor to inspect records on air quality and ash issues. Mr. Rowen stated Mr. Minott's position is that the design if approved will meet State and Federal government regulations if run properly. Mr. Nardella asked what ARI's recommendation is on unannounced visits. Mr. Rowen stated that the Board required a monitoring plan and asked if ARI has come up with one yet. Mr. Minott stated that frequent inspections would be required initially, but this could be reduced in future years to perhaps going to the plant four times a year and looking at records once a month. Mr. Minott stated that if you saw something that raises your eyebrows you could come back more frequently. Mr. Nardella stated that he would like to see a monitoring plan. Mr. Nardella questioned DEP's standards for mercury and how it sways away from EPA standards. Mr. Minott went over DEP's standards, indicating that Mass. DEP had the strictest in the nation limit on mercury. Mr. Nardella asked if the upgrade will meet Massachusetts standards. Mr. Minott stated that it would. Mr. Rowen stated that in the decision it will need to state that we will have unannounced visits. Mr. Simons asked what scientific methodology Mr. Minott used to review the proposed design. Mr. Minott stated that he reviewed the data given to him by both MRI and the regulatory agencies. He also stated that he did extensive interviewing. Mr. Minott stated that he did not do independent health risks but, he did check the conclusions of the consultants. W. Simons questioned the epidemiological studies that were done. Mr. Minott stated that the studies done dealt with the issues of cancer and asthma. Mr. Minott stated that those studies as described found no link between this waste energy plant and the observed rates of the studied health problems. Mr. Minott stated that he is not a doctor and he did not challenge those studies. Mr. Minott stated that one last point is that DEP is conducting a commutative impact study and they are looking at the future and existing site conditions. DEP indicates that total impact does not show significant risk. Mr. Simons asked if he was aware of any larger studies. Mr. Minott stated no. Mr. Simons asked if it was possible to show disparities with tracking results. Mr. Minott stated that for example they track the twenty four hour running average and then compare that to the permit limits. Mr. Minott stated that sampling is conducted several times per hour and the display will be updated. Mr. Rowen stated that we don't want to see a twenty four hour delay in reporting data. Mr. Nardella stated that they are proposing twelve hours. Mr. Nardella asked if he were sitting on this Board what would you consider reasonable to ask for. Mr. Minott stated that what he would want would be instant data and valid computer data as soon as he could get it. Ms. Lescarbeau questioned the complete history of MRI and if they have any violations. Mr. Minott stated that the issues are more procedural problems. Mr. Angles asked if there are any new technologies that may be better fit for the MRI plant. Mr. Minott stated no, this upgrade would use the best equipment. Mr. Minott stated that with new strict limits there isn't a margin for further gain for the pollutants. /� 2 Julie Kneedham questioned whether ash is a toxin or is it safe. Mr. Minott stated that in a regulatory sense the ash is to be tested regularly. If the ash is tested O.K. it is transported as non-hazardous. If tested bad it will be treated as hazardous. Mr. Rowen stated all the ash are tested. Julie Kneedham i stated that she has concerns with where they will be traveling with the hazardous waste. Mr. Rowen stated that it will be discussed later in the meeting. Eric Weltman stated that the testing is to ascertain whether the toxins will leach out of the ash. Higher dioxin levels have been shown because of incinerators. Leah Kettlesen stated that this report is highly misleading to the Board and the Board needs to be looking at health issues. Ms. Kettlesen stated that if ABI's telling the Board that MRI is meeting health standards I don't think they're telling what they are not meeting. Mr. Simon stated that he has not seen anything scientific and he wants to deal with fact. Mr. Rowen stated that health issues were discussed at the Board of Health meetings this meeting was to discuss issues pertinent to the Planning Board decision. Andrew Reiner stated that there are people in this room that would like to speak. At the Board of Health meetings they let Mr. Minott speak and then they voted and then they got up and left. Mr. Nardella stated that the Board of Health stated that there is not a health threat. Gayton Osgood, Chairman of the Board of Health stated that we made it very clear we would only listen to the concerns and was it. The Board of Health meeting wasn't there to criticize the ARI report and the issue was studied for three months. Mr. Reiner stated that they had no opportunity to express their concerns with Mr. Minott's report. Mr. Rowen stated that the Planning Board asked the Board of Health to review the report. Mr. Reiner stated that this Board has responsibilities to listen to the public's concerns. Mr. Simon stated that he would like to hear the criticism. Mr. Rowen stated that we deliberately had several meetings and determined that the best forum would be that the health issues be conducted by the Board of Health. They have written to us and stated that the retrofit is not going to be a health hazard to the Town. What you're telling me is that the Board of Health did not conduct a good recommendation in your opinion. Atty. Marty Healy stated that there has been several Board of Health meetings and this Board has no jurisdiction. Ms. Lescarbeau stated that she's a member of the Planning Board and not a scientist. She would be happy to sit here until midnight to listen to the people but, she is basing her decision on the information provided by the experts hired to review the project. Mr. Mahoney stated that he is fully aware of the Friends for the Environment and he sat at the Zoning Board of Appeals meeting for three hours. Mr. Mahoney stated that he accepts the comments of Town Council and he is not willing to stay here all night. His position is that we're beyond where we should be. Joan Kulash stated that there was not a series of public hearings held by the Board of Health. There were two meetings hosted by MRI and there were no opportunities to speak. Ms. Kulash stated that she asked to have Betsy Conte of Haverhill state that she wrote a letter to the Board of Health and never got a response. Ms. Conte stated that they are downstream getting the smoke. Ms. Conte questioned if they have hired an environmental lawyer. Mr. Simon stated that he is willing to listen to the science. Fred Glorin asked other than MRI where did you get your information. Mr. Minott stated that he got it from Massachusetts DEP and fifteen years of experience working with these facilities. Fred Glorin stated that their statistical information was from DEP that was submitted from MRI, was there independent study? Thea Fornier stated that she is an environmentalist speaking in terms of scientific data. If you had a family member being affected by having two hundred seizures a month and couldn't breath. Ms. Fornier stated that she had to track these plants down and if she had waited until the data was submitted her son would have died. Ms. Fornier stated that the children are our jewels and if you just rely on scientific data you will be a loser. Mr. Simons stated with all due 3 k respect that's why I asked for studies and 1 haven't seen them. Joan Kulash stated that Mr. Minott is not an epidemiologist and he does not have the background to say that this is not a health issue. Ms. Kulash read from Mr. Minotts report. Ms. Kulash stated that he did not mention the permits for dioxin and that this incinerator has the highest mercury. He seems to be poo poohing the violations for MRI, Ms. Kulash read over her comments on ash. Ms. Kulash stated that she asked the Board to use their common sense, that if MRI is saying this ash is O.K. Ms. Kulash stated that the EPA says that Dioxin is a known human toxinigen. Ms. Kulash stated that we can't afford to make a mistake once because there is a lot at risk here. Ms. Kulash read from her notes. Ritch Rothstein a resident, asked if Mr. Minott could give him more insight of meeting the new D.E.P. mercury limit. Mr. Minott stated that he looked at the data from one or two of the other plants. Mr. Nardella asked if the testing for mercury would be done every nine months. Mr. Minott stated yes, every nine months. Mr. Rowen stated that he understood about the problems that the residents are concerned about but, Mr. Minotts task was to find out if this plant would meet the Federal and State requirements for permits. Mr. Rowen stated that he wants a monitoring plan and would welcome public comments because we're trying to ensure compliance. Attorney Healy stated that MRI is fighting people who care about the environment. Mr. Healy stated that he would like Frank Ferraro to speak. Mr. Ferraro stated that they have been very quiet through the proceedings. The EPA officer stated that they have filed a Notice of Violation (NOV) for MRI. Mr. Ferraro stated that there have been many inaccuracies. The issue was an old permit. The permit was modified in 1992. The NOV was based on the wrong data. Mr. Ferraro stated that in regards to the ash the citizens did the wrong drinking water test which has been confirmed by the EPA. All MRI's tests have been done by the agencies. Mr. Ferraro stated that with regards to the mercury we are meeting twenty eight. This is a modern plant and he is sorry that Ms. Kulash is using old data. David Urry 209 Vest Way, asked if Mr. Minott was familiar to the EPA dioxin limit. Mr. Minott stated that he does not know the limit but, he does know that one exists. David Urry 209 Vest Way asked if Mr. Minott was aware that they are one hundred times stricter for this permit. Mr. Minott stated that he does not believe that is a fact and questioned where he got that information. David Urry 209 Vest way stated that he got it out of the 1994 EPA study. David Urry 209 Vest way asked what Mr. Minott suggests we do if MRI fails to comply. Mr. Minott stated that State and Federal permits have the authority to shut down the facility. Attorney Healy stated that there will be no work outside of the limit of work. The traffic impacts will be an increase of two additional workers per day. There will be no change in level of service. Paul Hajec, Town's traffic consultant made three recommendations, One was to have striping and signage on Rt. 125. The second would be center and shoulder painting per the approval of DPW. The third thing would be the installation of a yield sign per the approval of Mass. Highway or DPW. Mr. Heally stated that they are submitting a letter agreeing to a truck turn warning sign subject to the approval of Mass. Highway. Mr. Rowen asked if there was going to be any additional trash. Mr. Heally stated that there would not be. A resident asked what the total number of trash trucks per day. Jim Connolly stated that there are sixteen and it will go up to eighteen trucks per day. Paul Hajec stated that he has gone back and fourth with Dermit Kelly and he has received a copy of their final results. Mr. Simons stated that in Mr. Hajecs letter it stated that he had concerns with left hand turns. Mr. Hajec stated that the signs are to alert cars that trucks are turning. Mr. Hajec stated that he would like to see them trying to get the trucks to use the road on off peak hours. Ken Kimmell stated that he has been working with the Board of Health developing regulations so that there will be fines for the trucks. Mr. Rowen stated that all the trucks will be heading North on Rt. 125. A resident asked who will be enforcing these trucks. Mr. Rowen stated that these haulers have contracts with MRI and it will be part of their contract that they must follow these regulations. Mr. Rowen stated that the intent is to keep them on Rt. 495. i Steve Ambrose was present to speak on the noise study he prepared. Mr. Ambrose stated that he has been involved with noise for twenty years. Mr. Ambrose stated that the State regulations permit a 10 dB increase. Mr. Ambrose went over examples of dB. A quiet whisper is 10 dB, For you to speak to someone id 55-60 dB. Mr. Ambrose stated that a 10 dB noise difference is the minimal needed to notice something change. Mr. Ambrose stated that typically in a neighborhood where people live during the day is 50 dB and at nighttime it would be 1OdB. Commercial property would be 60-65 dB, Mr. Ambrose stated that this site has an advantage because of the distance to the community. Mr. Ambrose stated that for a forced draft, or induced draft fan you would typically put in a silencer to tone out the frequencies. Mr. Ambrose stated that the two residential areas near this site on a quiet night may hear change in sound but, not in level. Mr. Ambrose stated that he found that the report that was prepared by MRI was adequate and thinks it is very achievable. Mr. Rowen asked if he would recommend putting in a silencer on the fan. Mr. Ambrose stated that usually duct work is installed. Mr. Rowen stated that we have hired a consultant to review the plant design to see if it would achieve permit levels established this. We have asked him to make a recommendation to the Board of Health and the Board of Heath wrote us a letter stating that it would not be an adverse health problem. Andrew Reiner stated that the environmental considerations is part of your concerns and is specifically sited in the zoning bylaw. Mr. Reiner started asking questions, not pertinent to their scope of the meeting. Ken Kimmell stated that he has never been to a Planning Board meeting that a lawyer in the audience tried to interrogate a member. Ken Kimmell asked if Mr. Rowen wanted to respond. Mr. Rowen stated that he did not. Mr. Rowen stated that he would like to add in the decision that the trucks are to take Rt. 495 per trucks routes established by the Board of Health. Jim McIver the plant manager, stated that the ash contracts will go out to bid. Mr. Rowen asked if there is a way that he can ensure other NESWIC communities where we stand. Steve Rothstein stated that if were ever informed of a violation we will inform the Town Manager and we will work with Mr. Kimmell. Mr. McIver stated that all revenue goes to NESWIC so he would have to talk to them before they break a contract with a driver. Mr. Nardella stated that what ever he could do to help would be a plus. Mr. Rowen asked how MRI will be aware of a violation. Mr. McIver stated that he is sure they all get phone calls. Mr. Rowen asked if there will be a mechanism to report calls. Mr. McIver stated that there would be. Mr. Nardella asked if there was a way to number the trucks so that if they do, do something wrong a resident can report it. Mr. McIver stated that he could look into that. Joseph Mahoney left at I I:00 p.m. but he heard all pertinent information regarding the special permit and the information that he missed was the discussion of the decision. Mr. Rowen went over the list of permit actions dated July 31, 1998, Mr. Rowen stated that if a resident does not have a computer they can go to the library to look up the data. David Urry 209 Vest way asked if there is a way they could get a website. Frank Ferraro stated that this goes well beyond what we've done in any other community and it takes human intervention to put data into the i website. Mr. Simons stated that the cost of a website is trivial and it is easier to go to a website. Mr. 1 5 Ferraro stated that he would like to keep that open for discussion. Mr. Nardella stated that the computer will be part of the decision. Mr. Ferraro stated that mercury and dioxin are not continually monitored but, we have indicators showing we are controlling it. Ken Kimmell stated that we will have a air consultant to read the data in a worse case scenario. Mr. Ferraro stated that if they have a malfunctioning system it will be reported to D.E.P. Mr. Rowen stated that the monitor will operate unannounced visits and interpret data. Joan Kulash stated that we need a physician not hired by the applicant. Mr. Rowen stated that the point of the monitor is for monitoring the operation as we get data. A resident asked if the reported data will be n the permits. Mr. Rowen stated absolutely, we have asked them to put the data publicly. A resident stated that he hopes that this Planning Board does not regret this in twenty to thirty years. David Urry 209 Vest Way asked what is to prevent if the computer does not work. Mr. Nardella stated that it will work and it will be a condition in the decision. Mr. Rowen stated that we're not going to shut them down. Marty Healy stated that they added that the plant manager be present when they do inspections for safety reasons. Mr. Nardella asked what the requirements for notification if you were to shut down the plant per D.E.P. Mr. Heally stated that if we find a problem and we shut down we're not in violation. Ms. Lescarbeu wanted to know why they could notify us as soon as they notify the regulatory agency. Mr. Rowen stated that when they notify the regulatory agency then notify us at the same time and when you are just shutting down one side you have 24 hours to notify us. Mr. Nardella asked if a truck tips over and clean up is needed who is responsible for the cost. Mr. McIver stated that it is the haulers responsibility. The driver would call a tow truck and the state police and they would clean and they would then leave. Mr. Nardella asked if he conceived the Town would have to pay the cost. Mr. McIver stated no. Attny Healy stated that the Board of Health can request us to report new D.E.P standards. Mr. Nardella asked Mr. Kimmell to look at the 31d bullet on the last page of the letter dated July 31, 1998. Mr. Kimmell Stated that he would. Ms. Lescarbeau asked if we have incorporated all the comments form ARI and specifically the shut down issues on page 10-13 of the report. Mr. Rowen stated that he still wants ART to get a monitoring plan. Mr. Minott stated that the permit condition will require to be tested every nine months and the Town needs to make sure there consultant is on site during the tests. Mr. Rowen stated that when the mercury and dioxin tests wiII be conducted the Town's consultant will witness the tests. Ken Kimmell asked if the monitoring plan is not complete by August 18, 1998 when would the Board like the deadline to be. Mr. Minott stated that it would be rushed if it was to be in by the August 18, 1998. Mr. Rowen stated that if MRI is stepping up they should provide the information in a timely manner. Mr. Simons asked what would happen if an epidemelogy study was found. Ken Kimmell stated that if there is a report that is credible that this plant is causing cancer I would not want to put that in the decision. Mr. Nardella asked Mr. Minott if he has worked with any consultants that look at epidemeology. Mr. Minott stated yes. David Urry 209 Vest Way stated that he is not a lawyer but, the Town has been notified of the risks of dioxin. Mr. Urry stated that if dioxin is proved to be carcinogenic the Town could have a class action law suit. Mr. Rowen stated that he appreciates everyone for coming tonight. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. ASO/ 6 Adjournment: On a motion by Mr. Simons, seconded by Ms. Lesarbeau, the Board voted unanimously to adjourn. The meeting adjourned at 11:40 p.m. 7 f��