Work crews conducted some test blasts at the site of the 130-store outlet mall, under construction off Exit 10 of the F.E. Everett Turnpike. But the testing permit expired Wednesday, causing the halt in the work.
Fire Chief Michael Currier, who must issue blasting permits weekly throughout the construction process, is waiting for town officials to work out the final plan with project contractors, Currier said Friday. Town officials and the project contractor have agreed to a plan, but officials are waiting for approval from the Community Development department, according to Town Manager Keith Hickey.
The delay is simply “part of the process,” Hickey said this week.
He added that the issue has nothing to do with a lawsuit filed last month against the project developer, Premium Outlets, a division of the Simon Property Group.
Merrimack resident Michael Mills, who lives within 500 feet of the project site, filed the suit Oct. 25 in Hillsborough County Superior Court, alleging the development company has deviated from the timing, schedule and placements of water tests outlined in the project’s development agreement.
For years, blasting was a major point of contention for opponents of the project.
Town planners, who considered the project for four years, worked with the developer to shape blasting conditions to protect neighbors, as well as the town’s water supply. But the company has failed to adhere to those requirements, Mills charges, and its lapses could leave the town without legal recourse should the work affect the water.
The two sides are scheduled to appear Wednesday in court.
“Now (the developer) chooses to ignore the safeguards established by the mandated water sampling at this Site and leaves the town residents to their own peril,” Mills wrote in the lawsuit, which seeks to stop the blasting work before it starts. “If blasting contaminates (the district’s) water supply, almost 28,000 residents will be directly affected.”
Before filing the lawsuit, Mills took his concerns to town officials and project contractors. They acknowledged the deviations, but said they did not substantially affect the testing results.
“It is (our) professional opinion that the timing of the proposed sampling events … is not critical to further understanding the groundwater quality underlying this site,” James Emery and Jeff Marts, of Emery and Garrett Groundwater, the town’s water consultant, wrote in response to Mills’ inquiry.
Responding to the lawsuit, Michele Rothstein, Simon Properties senior vice president of marketing, denied Mills’ claims.
“We believe the suit is without merit and the company plans to defend itself vigorously,” Rothstein said in an e-mailed statement. And the permitting issue will not disrupt the mall project, she added.
To date, construction crews have conducted some preliminary clearing and staging work, Rothstein wrote. And the first phase of the project, to include 100 stores spread over 392,000 square feet, is still on target.
Project managers will consider the next phases of the project once the first phase is complete, they have said.
Representatives from the project blasting contractor, Maine Drilling and Blasting, of Auburn, could not be reached Friday for comment.
“Coordination continues with Town and other agencies on all steps of the construction process,” Rothstein wrote. “This is a complex site development project, and we’re happy with our progress to date.”
SOURCE: By JAKE BERRY- NashuaTelegraph.com
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