SITE ASSIGNMENT DECISION - NORTH ANDOVERCOMMONWEALTH OF MASSACHUSETTS
NORTH ANDOVER BOARD OF HEALTH
In the Matter of:
THOMSON BROTHERS
INDUSTRIES, INC. (TBI)
APPLICANT
DEP File No. W058076
SITE ASSIGNMENT DECISION
The North Andover Board of Health (the "Board") hereby issues a site assignment for a
solid waste handling facility proposed by Thomson Brothers Industries, Inc. (TBI), to be located
on 5.8 acres of land at 210 Holt Road (the "Site"). This site assignment is subject to the
conditions set forth herein.
I. THE PROPOSED FACILITY AND SITE
The proposed facility is a recycling center and transfer station for construction and
demolition debris (C&D) and commercial solid waste with a capacity limit of 500 tons per day.
All waste handling operations will be conducted inside a 30,000 square foot, fully enclosed
building. The facility will receive waste on a tipping floor. Non -recyclable materials will be
loaded into a trailer, while loads with a high percentage of cardboard will be segregated for
separate management. C&D waste will be moved to the recycling area.
There will be two levels of recycling operations at the facility. One operation addresses
incoming loads with a high fraction of recyclable material; these loads will be segregated for
management without passing through the mechanical recycling area. The second operation is a
mechanical recycling operation. That operation consists of sending the waste through a slow -
speed shredder to reduce the size of the incoming material and make it amenable for recycling.
Shredded waste will then be run through a mechanical screen to remove fine materials. The
material will continue by conveyor to a magnet to remove metals. Materials passing through the
magnet will be conveyed to a picking station to collect recyclables. Materials that pass through
that picking station will be discharged to a grinder, which reduces the size of the materials. The
residues from these operations are fines and materials that are not recycled, but have been
reduced in size.
The expected end use of the major components of the wastestream is as follows.
Unpainted wood will be fed through the grinder and transported to wood -fired energy facilities.
Painted wood, but not lead -painted wood, would be ground up into fine materials that can be
used as landfill cover. Cardboard will be recycled. Metals will be salvaged for recycling and re-
use. Brick and concrete will be separated from the waste stream and reused typically to create
aggregate. Plastics will be separated and generally recycled, as will paper.
The operation will also include a residential drop-off area for North Andover residents.
The drop-off area shall include bins where residents can drop off materials for recycling.
The proposed facility is to be located on Holt Road in North Andover. The site consists
of 3 parcels totaling 5.8 acres of industrially zoned land. The western portion of the site
(approximately 2 acres) serves as a maintenance and office facility for the proponent's solid
waste transportation business. The remainder of the site has been in use since 1984 as a
contractor's yard for solid waste transfer trucks and trailers. The site assignment area will be the
entire 5.8 -acre site. The boundary of the site -assigned area is shown as the "Property Line" on a
plan entitled "Proposed Site Plan", 210 Holt Road, dated 11/24/04, Figure 2.1 of the site
assignment application.
`A
Abutting property to the east of the proposed facility is undeveloped. Other abutting
properties are Lawrence Municipal Airport (owned by the City of Lawrence), a paper recycling
company (on land owned by intervenor Positive Start Realty, Inc.), and the inactive Town of
North Andover landfill across Holt Road.
II. THE PROCEEDINGS
A. MEPA Review
Prior to filing the site assignment application, TBI submitted numerous enviromnental
impact reports as required by the Massachusetts Environmental Policy Act (MEPA). The
Secretary of the Executive Office of Environmental Affairs (EDEA) issued the Final
Environmental Impact Report (FEIR) certificate on January 14, 2005, stating that the project had
properly complied with MEPA.
B. DEP Resort On Site Suitability
The DEP reviewed the site assignment application, and determined that the proposal met
each of the facility -specific suitability criteria and each of the general suitability criteria and that
the facility will promote integrated waste management by inclusion of both a materials recovery
operation and solid waste transfer operation. In addition, DEP granted a waiver request from the
front property line setback criteria that will allow TBI to improve visual impacts of the facility
from Holt Road.
C. Hearings
The hearing process commenced on June 15, 2005.1 Three ten -citizens' groups, one
abutter, the City of Haverhill Board of Health and the City of Haverhill registered and intervened
Prior to the hearing, TBI waived the requirement of 310 CMR 16.20(7)(a) of the DEP's rules on public hearings
for site assignments, that the Board of Health commence a public hearing pursuant to 310 CMR 16.40 within 30
days of receipt of the DEP's Report on Suitability. Thus, to accommodate the parties' and the Board's schedules,
the hearings extended over a period of six months.
as parties.2 In addition, several individuals, who reside in North Andover, Methuen, Lawrence,
and Bradford registered as participants.
The hearings were conducted on eighteen nights and one half-day. Oral testimony was
received from a dozen expert witnesses and numerous lay witnesses. Experts submitted pre -filed
direct testimony, and some participants also offered exhibits. Ninety exhibits were admitted into
evidence.
III. FINDINGS REGARDING UNCONTESTED SPECIFIC AND GENERAL
SITE SUITABILITY CRITERIA
A. Facility Specific Site Suitability Criteria
1. Public Water Supplies 310 CMR 16.40(3)(d)(1) and (2)
The site is not located within the Zone 1, Zone II or Interim Wellhead Protection Area
(IWPA) of any public groundwater supply.
2. Drinking Water Supplies 310 CMR 16.40(3)(d) (3) and (4)
The site is not located within a Zone A of a surface drinking water supply or within one-half
mile of any private drinking water supply.
3. Waste Handling Setbacks 310 CMR 16.40(3)(d)(5)
There are no occupied residential dwellings, prisons, health care facilities, schools,
preschools, licensed day care centers, senior centers or youth centers within 500 feet of the Facility.
There are also no prisons, health care facilities, schools, preschools, day care centers, senior centers,
or youth centers within one-half mile.
2 The Haverhill Board of Health did not appear at the proceedings, although the City's counsel did participate in
certain hearings.
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4. Riverfront Area 310 CMR 16.40(3)(d)(6)
The proposed Facility is not within a Riverfront Area, as defined by 310 CMR 10.58
pursuant to the Rivers Protection Act.
such.
B. General Site Suitability Criteria
1. Agricultural Land 310 CMR 16.40(4)(a)
The proposed site is not an agricultural land nor is it within 100 feet of lands classified as
2. Wildlife 310 CMR 16.40(4)(c)
The proposed use of the site would not have an adverse impact on any rare animal
species.
3. Areas of Critical Environmental Concern 310 CMR 16.40(4)(d)
The site is not within any Area of Critical Environmental Concern and the facility will
not have any adverse effect on such an area.
4. Protection of Open Space 310 CMR 16.40(4)(e)
The site is not within any open space or conservation areas, and the facility will not have
an adverse effect upon such areas.
5. Potential for the Creation of Nuisances 310 CMR 16.40(4)(g)
a. Litter, Vermin, Odors, and Noise 310 CMR 16.40(4)(g)(2)-(5)
The facility will not cause nuisance conditions due to litter, vermin, odors, and noise,
provided the facility abides at all times with the conditions listed in section V.
b. Bird Hazards To Air Traffic 310 CMR 16.40(4)(8)(5)
The proposed facility will not cause a bird hazard to air traffic because, among other
reasons, the facility will not accept putrescible waste, will handle all waste inside a building with
high-speed doors, and will locate the storm water basins underground.
6. Areas Previously Used For Solid Waste Disposal 310 CMR 16.40(4)(1)
The proposed site has not been previously used for solid waste disposal. Across Holt
Road from the proposed site is the inactive North Andover Landfill, owned by the Town of
North Andover. The inactive North Andover Landfill will not have an adverse impact on or pose
a threat to the proposed Facility, nor will the proposed Facility impact the Landfill.
IV. FINDINGS REGARDING CONTESTED SITE SUITABILITY CRITERIA
The siting criteria for which there was a genuine dispute are discussed below.
A. Depth of Groundwater
310 CMR 16.40 (3)(d)(7) states that no site shall be suitable if "the maximum high
groundwater table would be within two feet of the ground surface in areas where waste handling
is to occur unless it is demonstrated that a two foot separation can be designed to the satisfaction
of the Department."
There was considerable controversy over whether TBI demonstrated compliance with this
criteria. In the site assignment application, TBI suggested that it would easily meet this two foot
separation because three monitoring wells showed depths to groundwater ranging between 12
and 14 feet. However, these wells were not located where the waste handling areas would occur,
which detracts from the weight that can be given to the data from these wells. And an expert
witness for intervenor Positive Start testified that based on a "linear interpolation," he would
expect portions of the waste handling area to be less than two feet above maximum high
groundwater.
In response, TBI excavated two test pits and estimated the high groundwater level based
on soil mottling in the test pits. TBI also revised the plan to raise the trailer pit on the west side.
TBI also submitted a letter from DEP dated December 21, 2005. In that letter, DEP stated that
design plans are "subject to alteration during final design as part of the application for permit and
Authorization to.Construct.... The depth to groundwater can be designed during final design to
comply with the necessary standard for separation and thus complies with the standard for
suitability as stipulated at 310 CMR 16.40(3)(d)(7)["... a two foot separation can be designed to
the satisfaction of the Department."].
The DEP letter could be said to establish that "a two foot separation can be designed to
the satisfaction of the Department." If the Board were to interpret the regulation literally, the
standard would be met as evidenced by the DEP letter.
However, that narrow interpretation does not square with the statutory scheme as a
whole, which places the ultimate site assignment authority in the hands of the Board of Health,
which conducts a de novo review and makes its own findings of fact based on the evidence
before it.
Based on the evidence before the Board, the Board finds that it is more likely than not
that a facility can be designed that meets the two foot separation requirement. Indeed, no witness
testified to the contrary, and the Board is not aware of any physical attribute of the site that
would preclude TBI from building at least two feet above the groundwater level.
However, to be certain that the facility in fact will meet this standard, the Board imposes
a condition in Section V that will require TBI to ascertain the maximum high groundwater level,
and submit a revised design demonstrating that the facility meets the two foot separation
requirement.
B. Traffic and Access to the Site
310 CMR 16.40(4)(b) provides as follows:
No Site shall be determined to be suitable or assigned as a solid waste
management facility where traffic impacts from the facility operation would
constitute a danger to the public health, safety, or the environment taking into
consideration the following factors: traffic congestion, pedestrian and vehicular
safety, road configuration, and vehicle emissions.
1. "External' Traffic Issues
The Board finds that the added traffic into Route 125 caused by this facility will not
present a danger to motorists or pedestrians on North Andover roads. A traffic study submitted
by the applicant's traffic engineer, and peer-reviewed by the Board's traffic engineer, establishes
that adding TBI related vehicles to existing traffic will not significantly degrade the level of
service at any nearby intersections. The traffic study also established that there were sufficient
lines of sight and sufficient gaps in traffic along Route 125 to enable trash haulers to safely enter
and exit Holt Road. However, there is a likely congestion problem at one intersection, the Holt
Road/Route 125 intersection. In order to mitigate this problem, TBI has proposed to install a
traffic light at the Holt Road/Route 125 intersection. With this traffic light, that intersection will
operate safely and efficiently even with significant additional traffic growth. The Board
acknowledges some conflicting testimony about whether a traffic light promotes safety, and
notes that a traffic light can make conditions less safe if motorists go through red lights.
However, the Board must make a decision assuming that traffic laws are generally obeyed.
The Board acknowledges that it previously examined the traffic impact of a prior version
of this facility, and concluded that a traffic light would mitigate the safety danger posed by the
facility. However, at that time TBI had not agreed to fund and install a traffic light, so the Board
denied the application without prejudice on traffic grounds, thereby giving TBI the opportunity
to re -apply in the event it obtained Massachusetts Highway Department approval of a traffic light
and committed to funding it. In this application, TBI has agreed to fund and install the light, and
has further agreed not to commence operation until the light is installed. Thus, the Board now
has the assurance it needs that this facility will not be operated without a traffic light in place.
TBI has also proposed a number of other traffic -related mitigation measures on pages 54-
56 of its traffic study, Appendix F of the site assignment application. The Board finds that these
mitigation measures are necessary and appropriate, and imposes them as conditions in section V
below.
The Board has also considered pedestrian safety, and finds that it is not an issue due to
the absence of pedestrian traffic along Holt Road or Route 125 north of the facility. The Board
addresses the potential impact on pedestrians using roads south of Holt Road in section 3 below.
2. "Internal" Traffic
TBI's initial design plan was critiqued by the Board's consultants as well as the expert
for intervenor Positive Start. The Board shared these experts' concerns that there was the
potential for conflict between North Andover residents using the drop-off center and trash
haulers. The Board was also concerned that there was inadequate room for trucks to navigate the
site driveways and Holt Road without conflict, and inadequate space for trucks to queue.
In response, TBI submitted a revised plan dated December 7, 2005 that shows a separate
entrance for the residential recycling area and a retaining wall so that recycling roll -off
containers would be outside of the residential traffic area. TBI also adjusted the driveway design
to ensure that trucks could navigate the driveways and turn onto Holt Road without coming into
conflict with vehicles traveling in the opposite direction, and revised the plan to allow ten trucks
to queue on site. The Board finds that the revised plan will allow for safe internal traffic.
3. Use of Local Roads
The Board finds that the use of local roads by trash haulers is an existing problem, and
that it would constitute a danger to public health, safety, and the environment were TBI -related
trash haulers to use local roads. Therefore, the Board mandates that the proposed haul route for
this Facility will be Holt Road to the Route 125 connector to I-495. The Board imposes
conditions in section V below to ensure compliance with this mandate.
C. Air Quality 310 CMR 16.40(4)(fl
310 CMR 16.40(4)(0 states as follows:
No site shall be determined to be suitable or be assigned as a solid waste management
facility where the anticipated emissions from the facility will not meet required state and
federal air quality standards or criteria and would otherwise constitute a danger to the
public health, safety, or the environment, taking into consideration:
1. the concentration and dispersion of emissions;
2. the number and proximity of sensitive receptors; and
3. the attainment status of the area.
The Board finds that the facility will comply with state and federal air quality standards
and will not otherwise constitute a danger to public health, safety or the environment. The Board
found no reliable evidence to refute the air quality modeling performed by TBI's air quality
expert Epsilon Associates, although the Board does not agree with the Epsilon conclusion that
the air quality impact of this facility is "insignificant." Epsilon quantified the pollutants of
concern (particulate matter, or PM -10 and PM -2.5) that would be generated by the TBI facility,
added these emissions to background concentrations of pollutants, and performed a dispersion
model to determine the concentrations at numerous nearby locations. Even at the point of
maximum impact, the concentrations from this facility, when added to ambient concentrations in
the area, were well within National Ambient Air Quality Standards (NAAQS). Epsilon also
performed an analysis of air toxics emissions (lead, arsenic and chromium which may be present
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in wood dust in trace quantities). This analysis showed no exceedance of the ambient limits for
air toxics established by DEP. The Board's consultant, CDM, carefully peer-reviewed Epsilon's
work and affirmed that the modeling results were valid. While an intervenor witness, Dr.
William Porteous, testified that Epsilon's analysis underestimated the impact, Dr. Porteous'
testimony that the facility would exceed the federal air quality standards rests on assumptions
that are not supportable. Therefore, the facility meets "required state and federal air quality
standards or criteria," and does not otherwise constitute a danger. 310 CMR 16.40(f)(4). That
being said, the Board shares Dr. Porteous' and other intervenors' concerns regarding potential air
quality impacts if the air quality mitigation components are not in proper operation. The Board
addresses this concern in Condition 33.
The Board acknowledges that it came to a different conclusion in 1997 when it denied
TBI a site assignment due to air quality impact. However, TBI has incorporated into this design
many protective measures that were not proposed for the earlier facility, including automatic
high-speed doors to help keep particulates within the building, a water misting and roll filter
system to capture particulates, and a ventilation system to capture emissions inside the building
and exhaust them to a stack above the tipping floor.
A Size of The Site
310 CMR 16.40(4)(h) requires that the site be of sufficient size to operate and maintain
the facility. The Board finds that while the site is tight, there is sufficient room for safe traffic
flow and for the buildings and other proposed structures. The Board relies on the testimony of
its consultants, a panel from CDM and Christa Crane Lucas of Howard Stein, both of whom
reviewed the revised site plan and determined that it was adequate. In particular, the revised plan
allows room for the queuing of five trucks in front of the inbound scale as well as an additional
five truck overflow on the site. The revised plan also shows enlarged turning radii to
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accommodate WB -55 vehicles, the largest type of vehicle that would be using the facility. In
addition, the scale house was moved south and west to make more room for queuing of trucks in
front of the scale and provide a greater turning radius from the scale into the western trailer pit.
The retaining wall between the existing building and the proposed facility was moved west to
allow for a larger residential drop-off area and to provide a larger area for trucks to queue and
maneuver on site. In rebuttal testimony, Paul Costello, an expert retained by an intervenor,
testified that the revised design did not solve all of the internal traffic problems, but he did not
provide a reason for this conclusion and the Board finds the testimony of its own experts more
credible on this issue.
E. "Negative Preference" Issues
310 CMR 16.40(d)(i) and (1) state as follows:
Existing Facilities. In evaluating proposed sites for new solid waste management
facilities the Department and the board of health shall give preferential consideration to
sites located in municipalities in which no existing landfill or solid waste combustion
facilities are located. This preference shall be applied only to new facilities which will
not be for the exclusive use of the municipality in which the site is located. The
Department and the board of health shall weigh such preference against the following
considerations when the proposed site is located in a community with an existing disposal
facility:
1. the extent to which the municipality's or region's solid waste needs will be met
by the proposed facility; and
2. the extent to which the proposed facility incorporates recycling, composting
or waste diversion activities.
Regional Participation. The Department and the board of health shall give preferential
consideration to sites located in municipalities not already participating in a regional
disposal facility. The Department and the board of health shall weigh such preference
against the following considerations when the proposed site is located in a community
participating in a regional disposal facility:
1. the extent to which the proposed facility meets the municipality's and the region's
solid waste management needs; and
2. the extent to which the proposed facility incorporates recycling, composting, or
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waste diversion activities.
North Andover already hosts a large solid waste incinerator, and is a municipality that
participates in a regional disposal facility (the so-called NESWC facility, also located on Holt
Road.) The purpose of these regulations is to avoid an undue concentration of solid waste
facilities in one community. The Board finds that adding a new solid waste facility in North
Andover will add to the burden on North Andover. However, there are a number of mitigating
factors.
First and foremost, TBI has reduced the proposed tonnage from 650 tons per day to 500
tons per day. This approximate 25% reduction in capacity reduces in a nearly linear fashion the
burden on the community from truck traffic, air emissions, and other aspects of the facility.
While it is difficult to draw a precise dividing line as to an acceptable and unacceptable burden,
the Board finds that the burden of a 500 ton per day facility is significantly more acceptable than
the burden of a 650 ton per day facility.
Second, the NESWC facility receives municipal solid waste, and not the C & D waste
proposed for this facility. The Board finds that neither North Andover nor the Merrimack
Valley region currently have a facility capable of handling the waste streams that TBI proposes
to accept.
Third, TBI has committed to significant recycling or waste diversion. The waste
diversion goals include:
• 50 percent, or 250 tons per day (tpd), waste diversion in the first two years of operation;
• 55 percent, or 275 tpd, waste diversion after two years of operation;
• 60 percent, or 300 tpd, waste diversion after five years of operation; and
• 75 percent, or 375 tpd, waste diversion after seven years of operation.
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These goals will help the state meet recycling goals aimed at reducing the need for disposal.
Fourth, TBI will operate a municipal recycling drop-off area for use by citizens of North
Andover and collect curbside recycling for more types of waste and from more residents than the
Town presently collects, free of charge. TBI will also collect curbside recycling weekly (an
increase over present biweekly collection), including multifamily units not presently served, and
also pick up furniture and leaf and yard waste. These benefits will increase the recycling
opportunities for Town residents.
F. Consideration of Other Sources of Contamination or Pollution 310 CMR
16.40(4)(k)
310 CMR 16.40(4)(k) requires the Board to examine the facility in light of other sources
of pollution. The DEP's Interim Risk Evaluation Guidance Document for Solid Waste Facility
Site Assignment and Permitting, June 8, 2001 establishes the methodology for "consideration of
other sources of pollution or contamination." TBI performed an evaluation in accordance with
that document, which was peer-reviewed by CDM. There was no testimony indicating that TBI
failed to adhere to the DEP guidance. While the intervenors did present testimony about
cumulative health risks in the Merrimack Valley, they did not show that this facility, in
conjunction with other active facilities, will cause a violation of any air quality standard of
otherwise cause a public health danger.
V. CONDITIONS
In this section, the Board imposes conditions on this site assignment. All of these
conditions are material to the Board's approval of this site assignment. Without these conditions,
the Board would find that one or more of the siting criteria has not been met and would deny a
site assignment. Hence, these conditions are not severable from the approval itself, and they are
intended to be broadly construed to protect the public health, safety and the environment. In
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addi� they shall be strictly enforced, and violations of them shall be grounds for the
imposition of fines, temporary shut downs, or rescission of this site assignment and closure of
the facility. F
The site assignment is hereby conditioned on tfie following:
TYPES AND TONNAGE OF WASTE
1. TBI shall not accept on average more than 500 tons per day of solid waste, and
shall not exceed the 500 ton per day limit by more than 25% on any given day. The averaging
period shall be semi-annual. The first averaging period shall commence on the first day of
operation. TBI shall on a semi-annual basis supply records to the Board demonstrating
compliance with this tonnage limitation.
2. TBI shall accept only construction and demolition (C&D) and commercial solid
waste, except as otherwise provided in the host community agreement. C & D waste means
materials that originate at a construction or demolition site, and typically includes, but is not
necessarily limited to, wood, cardboard, metals, brick, concrete, rebar, carpet and insulation
materials. Commercial solid waste means wastes that originate at commercial enterprises other
than restaurants, and typically includes, but is not necessarily limited to, cardboard, paper,
beverage containers, and small, incidental quantities of food waste. Pursuant to the Host
Community Agreement between TBI and the Board of Selectmen, TBI shall also accept
household hazardous waste, certain universal waste, recyclable materials, furniture and white
goods brought by North Andover residents or collected by TBI pursuant to the Host Community
Agreement.
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3. TBI shall not accept the following wastes unless expressly permitted in condition
2 above:
Municipal solid waste;
Hazardous wastes, as defined by federal and state laws;
Asbestos -containing materials;
Biological or infectious wastes;
Universal wastes such as fluorescent light bulbs or mercury containing
thermostats;
Special wastes, as defined in 310 CMR 19.006;
Sewage sludge;
Wastes that are not expressly permitted by this site assignment and that are not
solid waste according to 310 CMR 19.006.
These wastes are hereafter referred to as "unacceptable wastes."
4. TBI shall establish and operate a training program to ensure that its employees
know which wastes are unacceptable, and prepare a written protocol designed to minimize the
possibility that unacceptable wastes are accepted. At a minimum, this protocol shall include
procedures for inspecting waste loads at the scale house and at the tipping floor. A copy of the
training program and written protocol shall be supplied to the Board of Health, and each
employee shall sign a copy of the training program and protocol certifying that he/she has
received the training and understands the protocol.
5. When trucks not under TBI's control and direction approach the scale house, a
trained scale house attendant shall interview the driver to determine the types and origin of the
waste and perform a spot inspection of the waste in the vehicle. Should unacceptable waste be
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spotted at the scale house, TBI shall reject the entire load from the driver and send the driver
away.
6. When the waste is dumped on the tipping floor, a trained TBI employee shall
inspect the load. Should unacceptable waste be spotted on the tipping floor, TBI shall use best
efforts to detain and/or recall the driver bringing the unacceptable waste and return the entire
load to that driver and send the driver away. Should TBI be unable to detain or recall the driver,
TBI shall store such unacceptable waste in a separate portion of the building that shall be
cordoned off from other waste. TBI shall not store unacceptable wastes for more than forty-eight
hours after receipt of it. Under no circumstances may any unacceptable waste be processed by
TBI.
7. TBI may receive wood waste containing lead paint, but shall not allow wood with
leaded paint to be processed. Instead, wood with lead paint shall be segregated, stored in closed
containers, and in in accordance with DEP standards. The training program and written
protocol referenced in paragraph 4 shall include procedures designed to ensure that wood with
leaded paint is not processed.
WASTE DIVERSION REQUIREMENTS
8. TBI shall comply with the following waste diversion requirements:
50 percent average waste diversion in the first two years of operation;
55 percent average waste diversion after two years of operation;
60 percent average waste diversion after five years of operation; and
75 percent average waste diversion after seven years of operation and for as long as
the facility is operating thereafter.
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9. The term "waste diversion" means diverting the waste from disposal at a landfill
or a solid waste combustion facility. Diverting waste also means using waste processed by TBI
for landfill cover and/or for combustion in facilities that burn processed wood, but not other solid
wastes. Compliance with this waste diversion requirements shall be measured by the weight of
the material. TBI shall maintain records of: a) the amount of incoming waste by weight; b) the
amount of outgoing waste by weight that is being diverted and c) the amount of outgoing waste
that is not being diverted. TBI shall prepare an annual summary of these records and send that
summary to the Board of Health. TBI shall keep the records pertaining to each summary for not
less than one year after that summary is prepared and make the records available to the Board for
inspection upon request. If TBT is not in compliance with the waste diversion requirements, it
shall submit to the Board a corrective action plan at the same time as it submits the summary.
GROUNDWATER ELEVATION
10. Prior to applying for a permit from DEP, TBI shall install not less than six test
pits and six separate monitoring wells to ascertain the maximum high groundwater underneath
the proposed waste handling area. The test pits and monitoring wells shall be located as follows:
one set at each corner of the proposed building, and two sets in the middle of the building. The
test pits and wells shall be installed no later than a month from the date of this decision, and TBI
shall give five days notice to the Board to allow the Board's agent to witness the testing. TBI
shall submit to the Board the data from the test pits and wells, and a revised design
demonstrating that there is a two foot separation between the maximum high groundwater and
the bottom of the waste handling facility. The Board will engage a consultant to review the data
and the revised plan and verify that TBI has met this requirement.
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LOCAL WASTE COLLECTION AND OTHER SERVICES
11. TBI shall provide to the Town, North Andover Schools, eligible
business, all residents of the Town, on a weekly basis and free of charge, curbside recycling
collections of paper, glass, steel (tin), aluminum, plastics 1-7, cardboard and other recyclables
currently collected by the Town. TBI shall augment the recycling program to include additional
recyclable materials normally included in other municipal recycling programs in eastern
Massachusetts (excluding yard waste and food waste) provided that there is an active market for
recycling such material.
12. TBI shall provide to the Town and Town residents (excluding all commercial,
business entities) and administrate so called "white good" (i.e., large appliances) and
chlorofluorocarbon (CFC) item curbside pick up and disposal at a recycling facility at the same
rates currently charged by the Town, to be reasonably adjusted for future changes in actual costs.
TBI shall accept all post consumer recyclable materials from the Town and schools free of
charge (excluding construction and demolition debris, soil, asphalt, brick and concrete and other
non -consumer materials). if TBI desires to change the charges for such services, it shall follow
the procedures set forth in the Host Community Agreement, Exhibit 62.
13. TBI shall provide and manage at the Site a drop off center for recyclables free
of charge to the Town, eligible businesses and residents of the Town (excluding all commercial,
business and non-residential entities). The drop-off center shall be open during the hours that the
transfer station is open, and also from 8:00 A.M. to 2:00 P.M. on Saturdays even if the transfer
station is not operating at that time.
14. The drop off center at the Site shall provide for drop off of recyclables currently
accepted at the DPW facility which includes, but is not limited to, mixed paper, corrugated
cardboard, clear and colored glass, steel (tin), aluminum, plastics 1-7 and oil filters. TBI shall
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also accept at the current rates and on the same terms currently being provided by the Town tires,
cathode ray tubes, florescent bulbs and ballasts, oil and latex paint, auto batteries, button
batteries, nickel cadmium batteries, hard and soft cover books, clothing, mercury thermometers
and thermostats and propane tanks to the extent permitted by applicable law, regulation and
permits. The current rates and terms are set forth in a document entitled Town of North Andover
Recycling and Solid Waste and attached to this Site Assignment. The materials collected
curbside and accepted at the drop off center shall be recycled and shall not be processed at the
Facility as solid waste. To the extent allowed by applicable law, regulation or TBI's permits,
TBI shall make the Site available for Town scheduled household hazardous waste collection
events at the Town's expense. TBI shall provide to the Town tonnage and/or quantity reports for
materials collected at the drop off center comparable to the reports currently prepared by the
Town.
15. TBI will offer a preferred rate of 20% discount off published disposal rates for
processing and disposal of construction and demolition debris for any projects undertaken by any
agency of the Town of North Andover, including schools, public works and other agencies not to
exceed ten (10) tons in any one day.
16. TBI will provide a place for Town residents (excluding all commercial and
business entities) to drop off construction and demolition debris from their own minor home
remodeling and repair jobs at a preferred rate of 20% discount off published disposal rates with
no minimum charge to the Town residents.
17. TBI shall pick up curb side and transport to the Town's existing composting
facility properly set out residential (excluding commercial) leaf and yard waste, including
Christmas trees, not less than six times per year free of charge,
20
18. On an ongoing basis, and not less than twice per year, TBI shall meet and confer
with the Town solid waste advisory committee and a representative of the Board to receive its
suggestions as to how to best implement these permit conditions and maximize local recycling. TBI
shall report to the Board on the results of such meetings and on any actions it takes, consistent with
this site assignment, to maximize local recycling,
AIR QUALITY MITIGATION
19. All waste handling operations shall occur inside the enclosed building.
20. TBI shall use personnel -activated, high speed automatic overhead doors for the
waste delivery bays. The doors shall be kept closed except for when a trash truck is entering, or
exiting. TBI shall maintain the doors so that they are operative, and repair the doors immediately
when needed to ensure their operation.
21. TBI shall employ a water misting system in the C&D tipping and grinding areas
at all times and at specific points within the automated sorting process. Spray nozzles will be
installed over the tipping floor for complete coverage of the tipping and sorting area. Spray
nozzles will also be located at the processing equipment and conveyor and loading transfer
points.
22. TBI shall purchase alternative low -sulfur fuel for their waste handling vehicles.
The sulfur content of transportation grade distillate will be lowered to Ultra Low Sulfur Distillate
(ULSD) levels (i.e., 15 ppm sulfur) by 2007. In the interim, the facility will use Low Sulfur
Transportation Grade Distillate Oil (500 ppm sulfur) for all of its vehicles including the off-road
loader and excavator (this compares to off-road distillate oil with a sulfur content of 3000 ppm).
TBI shall also require its construction contractors to use on -road Low Sulfur Diesel for their off-
road equipment as suggested by DEP in their comment letter of October 25, 2004.
21
23. TBI shall use electrically powered motors for all sorting equipment. All
acclimatized (warmed) vehicles shall be turned off during periods of inactivity.
24. TBI shall also incorporate a "roll filter" into its final design, and install and
operate the roll filter at all times. The roll filter is described in an August 24, 2005 letter from
CDM (Exhibit 27) and in a December 22, 2005 letter from Epsilon Associates (Exhibit 76).
Prior to filing for a solid waste facility permit from DEP, TBI shall submit a draft of its final
design to the Board to ensure compliance with this condition.
25. TBI shall install pavement on all road surfaces within the site.
26. TBI shall perform street sweeping of the facility and Holt Road from the facility to
Route 125 on a weekly basis.
27. TBI shall sample and analyze dust levels at the facility after operations continence,
and provide the sampling results to the Board. If the testing of dust reveals track out that would
violate the NAAQS, TBI shall install and operate a wheel wash system. The automatic wheel wash
shall be installed near the three tipping floor doors and hand held hoses would be used to wash
wheels at the trailer pit and picking station exit doorways. TBI shall submit a sampling protocol to
the Board for review and approval prior to the commencement of operation. The sampling shall be
conducted when TBI achieves an average weekly tonnage of 2000 tons or within 180 days after
commencing operations, whichever is earlier.
28. TBI shall sample ambient levels of particulates in the building to determine whether
any worker respiratory protection is required, and implement such protection if the results reveal a
violation of any applicable standard. TBI shall submit the sampling results to the Board. TBI shall
submit a sampling protocol to the Board for review and approval prior to the commencement of
operation. The sampling shall be conducted when TBI achieves an average weekly tonnage of 2000
tons or within 180 days after commencing operations, whichever is earlier.
22
29. TBI shall employ odor neutralizing agents in the misting system to ensure that
there is no odor migration outside the building.
30. Prior to commencing operation, TBI shall retrofit with diesel oxidation catalysts
not less than 18 older diesel trucks (which do not have electronic engine controls) owned by TBI
or any affiliated entities. TBI shall select trucks which are expected to be used for collection in
North Andover and trucks which are expected to enter and exit this facility on a regular basis to
as to maximize the local air quality benefit. TBI shall select a technology which achieves not
less than the particulate matter reduction that would be expected from the Donaldson DOC and
Spiracle crankcase filter. TBI shall submit documentation of compliance to the Board.
31. TBI shall use on -road low -sulfur diesel (LSD) fuel in off-road construction
equipment.
32. TBI shall minimize idling time of vehicles entering and exiting the facility in
accordance with Massachusetts regulations.
33. At the same time as it applies for a DEP permit, TBI shall prepare, submit to the
Board, and comply with a detailed operation, maintenance, and contingency document for the air
mitigation control systems required by this site assignment. The contingency document shall
include the following:
TBI shall have available a sufficient supply of replacement rolls and spare parts for repair
and maintenance of the air mitigation control systems as required by these conditions.
TBI shall notify the Board in writing if the misting system, ventilation system, roll filter
or any tipping floor door is out of service for more than 24 hours. Such notice shall be delivered
to the Board the same day as such event and shall include the reason for the equipment being out
of service, the repairs or maintenance required and the expected time to put the equipment back
0*1
in service. In such event, TBI shall promptly place such equipment back into service and, at a
minimum, comply with the following additional conditions:
Doors: TBI shall keep out of service doors closed until repaired;
Roll Filter: TBI shall increase the flow through the misting system during periods
when the roll filter is out of service. TBI shall put the roll filter back in service as required by the
DEP permit for the roll filter. If TBI does not put the roll filter back in service within such time
frame, TBI shall suspend operation of the construction and demolition debris processing line
until the roll filter is back in service.
Ventilation System: TBI shall increase the flow through the misting system during
periods when the ventilation system is out of service. TBI shall put the ventilation system back
in service within 36 hours of TBI's notice to the Board. If TBI does not put the ventilation
system back in service within 36 hours, TBI shall suspend operation of the construction and
demolition debris processing line until the ventilation system is back in service.
Misting System: TBI shall use other methods of watering down the waste and
processing line such as hand held hoses when the misting system is out of service. TBI shall put
the misting system back in service within 36 hours of TBI's notice to the Board. If TBI does not
put the misting system back in service within 36 hours, TBI shall suspend operation of the
construction and demolition debris processing line until the misting system is back in service.
34. TBI shall not burn any solid waste on the Site.
35. Any fixed equipment at the Site will be powered by electric motors, not diesel or
other fossil fuels.
36. Diesel powered equipment (loaders, etc.) that will be used at the Site will meet the
24
air emission requirements for new diesel equipment that are in place on the day that operations
commence regardless of the age of the equipment to be used.
TRAFFIC MITIGATION
37. TBI shall obtain in writing the Massachusetts Highway Department approval of a
traffic light at the intersection of Holt Road and Route 125 before TBI applies for a building
permit. TBI shall not commence operation of the facility until the light is operating. TBI shall
pay up to $200,000 towards installation of the traffic light.
38. TBI shall develop a clear route map for all trucks (inbound and outbound) that
will be distributed to drivers, faxed and emailed. The route map will clearly direct drivers to I-
495 and the Route 125 Connector access/egress point ("the designated route").
39. All trucks entering and exiting the facility shall follow this designated route
except when performing collection in North Andover, or unless an exception applies pursuant to
Board of Health trash truck regulations.
40. TBI shall insert in all of its contracts with third party waste haulers a condition
requiring the third party waste hauler to use the designated route. The contract shall specify that
a violation of the designated route, after one warning from TBI or the Town, shall terminate the
contracting party's right to deliver waste to the facility, and TBI shall enforce this provision.
41. TBI shall pay the reasonable costs of installing, maintaining, and operating a
video surveillance system at the intersection of Holt Road and Route 125 to be used by the Town
to monitor left and right turns by trucks exiting Holt Road and enforcing truck route restrictions.
TBI shall consult with the North Andover Police Chief and select a technology reasonably
acceptable to the Chief, and which will allow the Police Department to view from its own
25
computers the video surveillance recording. The video surveillance system shall be in operation
at all times while the facility is in operation.
42. Prior to commencing operations, TBI shall construct a new roadway sign on the
Holt Road approach to Route 125 reminding truck drivers to take a left turn to reach I-495.
43. TBI shall work with the Massachusetts Highway Department to develop signal -
timing changes at Route 495 connector.
44. Prior to commencing operations, TBI shall install STOP signs, with a STOP bars
marked on the pavement at the two exiting site drive approaches to Holt Road.
45. As part of the construction of the facility, TBI shall define sight line triangles at
the two exiting site drives and implement appropriate adjustments to grading, landscaping, and
signing, etc/ at the proposed Site Drive intersection with Holt Road to maintain adequate sight
distances at the driveway in compliance with AASHTO standards.
46. Prior to commencing operation, TBI shall confer with the North Andover Police
Department and Department of Public Works to identify and implement actions to enhance
traffic safety along Route 133 in North Andover, which TBI shall fund up to $5,000. Actions
may include signs, marking and minor improvements to enhance visibility and speed
management.
47. As shown on a revised plan dated December 7, 2005 (Hearing Exhibit 75), TBI
shall provide a separate, dedicated entrance for the residential recycling area.
48. As shown on a revised plan dated December 7, 2005 (Hearing Exhibit 75), TBI
shall provide space for not less than ten trucks to queue on-site. Queuing shall not be allowed on
Holt Road.
49. As shown on a revised plan dated December 7, 2005 (Hearing Exhibit 75), TBI
26
shall design its accessways so that trucks exiting onto Holt Road can turn without encroaching
onto the land for opposing traffic. TBI shall also ensure that there is adequate turning radii within
the driveway to avoid vehicle conflict.
6 PM.
50. TBI shall not release transfer trailers from the facility on weekdays between 4 and
NUISANCE MITIGATION
51. TBI shall train and certify employees to operate best management practices
(BMPs), and submit those certifications to the Board.
52. To control litter, TBI shall require that all loads brought to the facility be covered.
TBI shall insert in its contracts with third party waste haulers a condition requiring the third party
waste hauler to cover its trucks. The contract shall specify that three violations of this
requirement shall terminate the contracting party's right to deliver waste to the facility, and TBI
shall enforce this provision.
53. To further control litter, TBI shall install covers on roll -off containers, install
fences on the southerly and portions of the east and west boundaries, and routinely patrol facility
grounds, adjoining properties and Holt Road.
54. To control vermin, TBI shall not accept residential municipal waste or food
waste, except as allowed in condition 2, and shall perform on a quarterly basis inspections to
look for potential vermin habitats, and submit the results of those inspections to the Board. TBI
shall also contract with a professional vermin/ pest control service.
55. To control odors, TBI shall not accept residential municipal waste or food waste,
except as allowed in condition 2, and shall deploy odor neutralizing agents in the misting system.
56. To control noise, the buildings and on-site access ways will be situated so that the
27
tipping floor doors face in a southerly direction, and stationary recycling equipment in the
building will operate on electric -powered, rather the diesel -powered motors. Exhaust equipment
from mobile on-site sources will be fitted with standard mufflers.
MISCELLANEOUS
57. TBI shall construct an oil/water separator and underground detention/infiltration
basin for stormwater collection.
58. TBI shall operate in compliance at all times with all federal, state and local laws.
TBI shall not cause nuisance conditions at any time.
59. TBI shall not conduct any waste processing operations outside the building. Nor
may TBI store or stockpile outside any wastes. Recyclables at the residential drop-off center
i
`shall be stored in closed containers when the facility is not in operation.
60. TBI shall comply with all of its obligations set forth in the Host Community
Agreement. To the extent that there is any conflict between the conditions of this Site
Assignment and the provisions of the Host Community Agreement, the provisions that are more
protective of the public health, safety, or environmental shall prevail.
61. Complete design plans shall be submitted to the Board of Health at the same time
as they are submitted to the Department of Environmental Protection.
62. Should TBI acquire environmental impairment liability insurance, it shall name
the Town as a beneficiary.
DEP.
63. TBI shall comply with financial assurance mechanisms for closure specified by
28
64. TBI shall allow agents or employees of the Town of North Andover Board of
Selectmen or Board of Health to access the facility during business hours for the purposes of
conducting inspections of operations at the facility. Access includes access to all records
necessary to evaluate compliance with the environmental, regulatory and permit requirements.
Inspections may include occasional measurements of dust and particulate matter at the property
boundary using accepted EPA sampling and analytical methods or approved devices for
measuring real time ambient dust conditions.
65. TBI shall pay the actual expenses up to $20,000 per year (adjusted annually on
the anniversary of this agreement by the Brockton, Boston, Nashua CPI -U) for the Town to hire
a qualified environmental scientist or engineer to inspect the operations at the Facility, to review
the records of operation and to evaluate compliance with state and federal laws and regulations
and with the terms and conditions of all environmental permits. The scientist or engineer may
take measurements of ambient air at the property line for the purpose of determining compliance
with allowable ambient levels to particulate matter known as PM 10. The Town will provide TBI
with copies of all results and reports of such inspections and measurements within ten (10) days
of receipt.
66. TBI shall notify the Board of Health within 24 hours of receipt of any Notice of
Violation or Notice of Non -Compliance from either the federal Environmental Protection
Agency or the Massachusetts Department of Environmental Protection, or their successors.
67. TBI shall copy the Board of Health on all correspondence with the Massachusetts
Department of Environmental Protection, or its successors, including annual reports on materials
handled, responses to inquiries for other information, and response to any Notices of Non -
Compliance or Notice of Violation.
68. The Facility shall comply with the applicable Commonwealth of Massachusetts
29
waste ban, as amended from time to time.
69. The conditions of this permit are binding on TBI, and any of its heirs, successors,
assigns, agents or employees. 61'� D
70. TBI shall comply with United States Department of Transportation requirements
governing screening of neck drivers and check the driving records and perform random drug
testing on TBI's waste haulers.
Dated:
/ mber, North An ver Board of Health
r 7
Dated: l E��r,
Member, North Andover Board of Health 7 7?
Dated:
Member, North Andover Board of Health
30
Town of North Andover
Office of the Planning Department K�-7 C -T 15
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
NOTICE OF DECISION
Bk 11008 Ps21736004
Any appeal shall be filed 12-21_11-211_1107 & 11 = 54ct
within (20) days after the
date of fling this notice in
the office of the Town Clerk.
Date: October 3, 2007
Date of Hearings: August 12, 2007,
September 4, 2007, and October 2, 2007
Date of Decision: October 2, 2007
Petition of. Thomson Brothers Industries (TBI), Inc., 210 Holt Road, North
Andover, MA 01845
Premises Affected: 210 Holt Road, North Andover, MA within the Industrial -2 Zoning
District, Assessors Map 34, Parcels L27, L38, L40 & Map 77, Parcel
1,14.
Referring to the above petition for a Site Plan Review Special Permit from the requirements of
the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9
So as to allow the construction of a 30,000 s.f. recycling and solid waste transfer station,
extensive grading, lighting plan, landscape improvements, drainage easement, and other
improvements within the Industrial 2 Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE A SITE
PLAN REVIEW SPECIAL PERMIT based upon the following conditions:
I�"North Andover Planni oard
Richard Nardella, Chairman
John Simons, Vice Chairman
Jennifer Kusek
Tim Seibert, Alternate
This Is to certify that twenty (20) days
have elapsed from date of decision, filed
without filing of an a peal.
Date Z' - -y
Joyce A. Bradshaw
Town Clerk
ATTEST:
A True Cop,Y
Tuwn Clerk
TBI, Inc., 210 Holt Road
Site Plan Review special Permit
October 2, 2007
The Planning Board herein approves the Site Plan Review Special Permit for the construction of aJ30,010()' ^
s.f. recycling and solid waste transfer station, 76 total parking spaces, extensive gradiyt °� I' hjing
plan, landscape improvements, drainage easement, and other improvements shown 6int "Plan' 2s '
defined below. The project is located in the Industrial 2 Zoning District and is located on real property
shown on the North Andover Assessors Maps as Map 34, Parcels L27, L38, L40 & Map -77, parcel L14
consisting of approximately 7.79 acres (339,33'_' s.f.) of land with approximately 964 liioear feet of total
frontage oil Holt Road. The Site Plan Review Special Pert -nit was requested TBI, Inc., 210 Holt Road,
North Andover, MA. This application was filed with the Planning Board on July 5, 2007. The applicant
submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3,
and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9
During the review process, the Applicant and its professional consultants also submitted various revisions
to the plans along with various supplemental memoranda and correspondence in response to requests by
the Planning Board, the Board's peer review consultants, and by the various departments within the Town
of North Andover that reviewed the project. All of these plans, reports and correspondence are contained
in the Planning Board's files and are hereby incorporated by reference into the public record for this
hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3:
FINDINGS OF FACT:
1) On June 22, 2006, the North Andover Board of Health approved the Site Assignment Decision for the
proposed 30,000 sq. ft . recycling and solid waste transfer station to be located on 5.8 acres of land
and shown on lots labeled 2, 3, and 4 on the "Plans" as defined below. The requirements and
conditions contained within said Decision are hereby incorporated by reference into this decision and
public record.
2) The specific site is an appropriate location for the project as it is located in the Industrial 2 Zoning
District and involves the construction of permitted uses within those zones. Specifically, the Zoning
Bylaw allows in the Industrial 2 District the following use (North Andover Zoning Bylaw, Section
4.133(11)): Light manufacturing, including manufacturing, fabrication, processing, finishing,
assembly, packing or treatment of articles or merchandise provided such uses are conducted solely
within a building and further provided that such uses are not offensive noxious, detrimental, or
dangerous to surrounding areas of the Town by reason of dust, smoke, fumes, odor, noise, vibration,
light or other adverse environmental effect.
3) The use as developed will not adversely affect the neighborhood as the project is surrounded by other
industrial uses and zoned properties and will not impact any residential areas or neighborhoods. In
addition, the project provides for natural a vegetative landscaped buffer along the frontage of the
properties to further insulate the building. All plantings and screening depicted on the approved plans
referenced herein shall remain in perpetuity over the life of the project.
4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot
design and access/egress drives provide for adequate internal and external traffic flow, safety, and
sufficient pedestrian connections throughout the project and surrounding area. Traffic impact studies
have been conducted for the project as part of the applicant's submittal to the Executive Office of
Environmental Affairs (EOEA) and Site Assignment application to the North Andover Board of
Health and Department of Environmental Protection Division of Solid Waste. The reviewing parties
TBI, Inc., 210 Holt Road
Site Plan Review Special Permit
October 2, 2007
concluded that the external traffic impacts will not significantly degrade the level of service at any
nearby intersections.
5) In accordance with the terms and conditions of the Site Assignment Decision, the Applicant will fund
up to the $200,000 towards the installation of a traffic light at the intersection of Holt Road and Route
125 to mitigate traffic congestion.
6) The proposed recycling and solid waste transfer station contains architectural elements and treatments
that are commonly present and consistent with structures typically constructed within the Industrial 2
Zoning District. Finally, the Applicant incorporated visual buffering and additional plantings to help
mitigate the impact on the neighboring properties and streetscape.
7) The site drainage system and storm water management design are designed in accordance with the
Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside
consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB).
8) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the
North Andover Zoning Bylaw,
9) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning Bylaw.
10) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
It) The project wilt provide for municipal water, sewer and utilities on the property to adequately address
the needs of the project.
12) This Site Plan Review Special Permit is conditional upon the submission and approval by the
Planning Board of an appropriate Form A Application for Approval of an ANR Plan (Approval Not
Required Plan) which combines the Map 34, Parcels L27, L38, L40 & Map 77, Parcel L 14, totaling
approximately 7.79 acres, into one parcel.
Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3 but requires conditions in order to be fully in
compliance. The Planning Board hereby votes to both grant the requested waivers as described in the
Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed
project as described in the "Plans" and other supporting information described in the public record,
provided the following conditions are met:
SPECIAL CONDITIONS:
I ) Permit Definitions:
a) The "Locus" refers to the 339,332 s.f. parcel of land with land fronting on Holt Road, as shown
on Assessors Map 34, Parcels L27, 1-38, L40 & Map 77, Parcel L 14, also known as 210 Holt
Road, North Andover, Massachusetts.
b) The "Plans" refer to the plans prepared by Brown and Caldwell, 48 Leona Drive, Suite C,
Middleborough, MA 02346, entitled "Site Plan Review 2007, Prepared for TBI, Inc., North
Andover, Massachusetts":
TBI, Inc., 210 Holt Road
Site Plan Review Special Permit
October 2, 2007
Sheet I of 10, Revised 9/25/07;
Sheets 2. 3, 4, 5 and 10 of 10, Revised 9/12/07;
Sheet 6 of 10, Revised 9/14/07; and
Sheet 7, 8 and 9 of 10. Revised 8/22/07.
c) The "Project' or "210 Holt Road" refers to construction of a 30,000 s.f. recycling and solid waste
transfer station.
d) The "Applicant" refers to TBI, Inc. as the applicant for the Site Plan Review Special Permit.
2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who
shall be chosen in consultation with the Planning and Community Development Staff. The
Environmental Monitor must be available upon four (4) hours notice to inspect the site with the
Planning Board designated official. The Environmental Monitor will be required to inspect all such
devices and oversee cleaning and the proper disposal of waste products if applicable.
3) Construction Monitor: The applicant shall designate an independent construction monitor who shall
be chosen in consultation with the Planning Department. The construction monitor must be available
upon four (4) hours notice to inspect the site with the Planning Board designated official. The
construction monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of non-
compliance, if any, and actions taken to resolve these issues. The designated monitor may not be
applicant and/or developer. The weekly inspections and monthly reports provided to the Planning
Department shall include the following:
a) site clearing;
b) erosion control;
c) drainage and detention structures;
d) on-site water and sewer utilities;
e) parking spaces and related pavement;
f) newly constructed roadways/access ways;
g) curb cuts;
h) retaining walls;
i) site screening, landscaping and street trees;
j) site restoration; and
k) final site cleanup
4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a) The final plans must be reviewed and approved by the DPWand the Planning Department and be
endorsed by the Planning Board. The final plans must be submitted for review within ninety (90)
days of filing the decision with the Town Clerk.
b) The final site drainage system must be designed in accordance with the Town Bylaw
requirements and reviewed by the Division of Public Works. All storm water drainage control
facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations
which support the design,of the control facilities shown on the plan shall be submitted to the
Department of Public Works for review and approval. Written confirmation of said review and
approval by the Department of Public Works must be submitted to the Planning Department.
TBI, Inc., 210 Holt Road
Site Plan Review Special Permit
October 2, 2007
c) A bond in the amount of fifteen dollars ($1 5.000) must be posted for the purpose of insuring that
a final as -built plan showing the location of all on-site utilities, structures, newly constructed
roadways/access ways, topography. and dra inage facilities is submitted. The bond is also in place
to insure that the site is constructed in accordance with the approved plan. The form of security
must be acceptable to the Planning Board.
d) The Applicant, within thirty (30) days after this Decision becomes final, shall submit to the
Planning Board for its approval an appropriate form A Application for Approval of an ANR Plan
(Approval Not Required Plan) along with an ANR Plan which combines the Map 34, Parcels
L27, L38, L40 & Map 77, Parcel L14 totaling approximately 7.79 acres. No construction
.activities authorized by this Decision on the Additional Land shall be commenced until the
Applicant has (a) recorded said approved ANR Plan and ('b) caused the title to the Additional
Land to be combined with the Original Land, by recording a Deed for said Additional Land
conveying the title to said Additional Land to Holt Road, LLC.
e) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
5) PRIOR TO THE START OF CONSTRUCTION:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
b) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
d) A pre -construction meeting must be held with the developer, their construction employees,
Planning Department, Building Department, and Conservation Department to discuss scheduling
of inspections, the construction schedule, and the process/method of informing the public of the
anticipated activities on the site.
e) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land -Use Boards or departments. In addition to receipt of
these plans, the applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Condition 24.
6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the, PlannuigDepartment. .
till, Inc., 210 Holt Road
Site Plan Review Special Permit
October 2, 2007
c) The applicant shall adhere to the following requirement of the North Andover Fire Department
and the North Andover Building Department:
I. All structures must contain a commercial fire sprinkler system. The applicant is required to
extend the sprinklers from the existing plant into the new addition. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
7) DURING CONSTRUCTION:
a) During construction, the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more
frequently as dictated by site and weather conditions and as directed by the Town Planner. Tarps
shall be placed over any stockpiles to ensure that any dust is mitigated properly.
b) The Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood,
construction material, etc.) and must be shown on a plan and reviewed and approved by the Town
Planner. Any approved piles must remain covered at all times to minimize potential dust and be
required to install appropriate erosion control measures to mitigate potential impacts to Lake
Cochichewick. Any stockpiles to remain for longer than one week must be covered.
c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance, any and all equipment that shall emanate sounds from the structures or site.
d) The Town Planner will perform bi-weekly inspections of the site during construction to ensure
that the developer is adhering to the conditions set forth in the decision.
8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) The applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively, the applicant and/or property
owner may provide a bond, determined by the Planning Board, to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall
have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets.
The Planning Staff shall review the site. Any changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be made at the owner's expense. The applicant must
submit a letter from the architect and engineer of the project stating that the building, signs,
landscaping, lighting and site layout substantially comply with the plans referenced at the end of this
decision as endorsed by the Planning Board. All site lighting shall provide security for the site and
structures however it must not create any glare or project any light onto adjacent residential
properties.
c) The commercial fire sprinkler systems must be installed in accordance with referenced standard
NFPA I M and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building
Code. Certification that the systems have been installed properly in accordance with the above
TBI, Inc., 210 Holt Road
Site Plan Review Special Permit
October 2, 2007
referenced regulations must be provided from both the North Andover Fire Department and the
North Andover Building Department to the applicant. The applicant must then provide this
certification to the North Andover Planning Department.
d) Any and all signage plans for the site, which have been provided to the Planning Board during the
site plan review process, were presented for the materials of the signage only. This includes any
and all signage relative to the Site Assignment Decision incorporated as part of this decision.
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no
way is the applicant to construe that the Planning Board has reviewed and approved the signage
plans for Zoning Compliance as that is the jurisdiction of the Building Department. All
additional permits must be obtained by the applicant prior to construction.
e) In accordance with the Site Assignment Decision,'TBI shall develop a clear route map for all
trucks (inbound and outbound) that will be distributed to drivers, faxed and emailed. The route
will clearly direct drivers to 1-495 and the Route 125 Connector accesslegress point. Further, all
trucks entering and exiting the facility shall follow the designated route except when performing
collection in North Andover, or unless an exception applies pursuant to Board of Health trash
truck regulations.
9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
b) A final as -built plan showing final topography, the location of all on-site utilities, structures, curb
cuts, parking spaces, roadway/access way construction, drainage structures, and facilities mast be
submitted to the Planning Department. The applicant must submit a letter from the architect and
engineer of the project stating said items substantially comply with the plans referenced at the end of
this decision as endorsed by the Planning Board.
10. Tile requirements and conditions contained within the Site Assignment Decision dated .lune 22, 2006
and issued by the North Andover Board of Health are contained in the Planning Board's files and are
hereby incorporated by reference into this decision and public record. The applicant shall comply
with all conditions and requirements said Decision. Any non-compliance with the requirements and
conditions of said Decision shall violate this Site Plan Review Special Permit
44. In accordance with the Site Assignment Decision, TBI shall contribute up to $200,000 towards the
installation and construction of a traffic light at the intersection of Holt Road and Route 125. Monies
not already utilized for the engineering, installation, and/or construction of the traffic light will be
placed into an escrow account with the Town by the applicant. Said amount shall only be utilized by
the applicant or Town for the purpose of installing and constructing the signalized traffic light at a
future date.
12. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.nt.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
l;. All existing plantings and screening depicted on the approved plans shall remain in perpetuity over
the life of the project.
TBI, Inc., 210 Holt Road
:Site Plan Review Special Permit
October 2, 2007
12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
14. No open burning shall be done except as, -is permitted during burning season under the Fire
Department regulations.
I5. No underground fuel storage shall be installed except as may be allowed by Town Regulations.
16. The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
18. All snow storage is to be removed as needed to provide sufficient access throughout the site and to
ensure the proper safety of vehicles and pedestrians. Snow storage shall not result in the loss of
parking spaces except during removal operations. The Town Planner shall direct the applicant to
remove snow to an offsite location if it is determined that onsite snow storage is insufficient.
19. The Planning Board expects that the project will be built in accordance with the herein referenced
plans and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for
review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole
discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must
submit revised plans to the Planning Board for approval.
20. This Special Permit approval shall be deemed to have lapsed after October 2, 2009 (two years from
the date permit granted) unless substantial use or construction has commenced. Substantial use or
construction will be determined by a majority vote of the Planning Board.
21. The following information shall be deemed part of the decision:
Plan titled:
Site Plan Review 2007
Prepared for TBI, Inc.
North Andover, Massachusetts
Prepared for:
TBI, Inc.
210 Holt Road
North Andover, MA
Prepared by:
Brown and Caldwell
48 Leona Drive, Suite C
Middleborough, MA 02346
Scale:
I"=40'and I"=30`
Date:
July 2007, Various Revision Dates
Sheets:
I of 10, Revised 9/25/07:
2, 3, 4, 5 and 10 of 10, Revised 9/12/07;
6 of 10, Revised 9/14/07; and
7. 8 and 9 of 10, Revised 8/22/07
Report titled: Site Plan Review Application
TBI, Inc.
Recycling Facility and Solid Waste Transfer Station
TBI, Inc., 210 Holt Road
Site Plan Review Special Permit
Ottober2,2007
North Andover, MA
Prepared for: TBI. Inc.
210 Holt Road
North Andover, MA
Prepared by: Brown and Caldwell
48 Leona Drive, Suite C
Middleborough.. MA 02346
cc: Town Departments
Applicant
Eneineer
Abutters
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ESSEX NORTH REGISTRYRF DEEDS
LAWRENCE, MASS. /� ' '211 -0 7
A TRUE COPY: ATTEST:
REGISTER OF DEEDS