On the agenda: Berwick Packet — data center (Sep 10)

Town of Berwick
Planning Board Meeting Agenda
Thursday,September10 , 202 6
BurgessMeeting Room
, Berwick Town Hall
6:30 p.m.
Call to Order
Pledge of Allegiance
Introduction of Board Members
Approval of Minutes
• August6, 2026
Public Comment
Public Hearing
• Conditional Use. 500 Portland Street. Energetics Manufacturing R&D. Industrial.
-17).
(R72
RC/I Zone. General Biological Corporation
DBA AT Process Technologies
.
UnfinishedBusiness
• Conditional Use. 500 Portland Street. Energetics Manufacturing R&D. Industrial.
-17).
(R72
RC/I Zone. General Biological Corporation
DBA AT Process Technologies
.
New Business
• Planning Board Policies & Procedures
Public Comment
Informational Items
Adjournment

Town of Berwick
Planning Board Meeting
Minutes
Thursday,August6, 202 6
Burgess Meeting Room
, Berwick Town Hall
6:30 p.m.
Call to Order
Pledge of Allegiance
Introduction of Board Members
Regular Members Present:
Nichole Fecteau (Chair); Rick Raynes (Vice-Chair); Niles Schore; Daniel Hook; Megan Burgess;
George Claassen
Alternate Members Present: Jeff Brooks (non-voting)
Members Absent: None
Staff Members Present:
James Bellissimo, Director of Planning and Development; Terry Wilson, Code Enforcement
Officer

Approval of Minutes
• July 16, 2026
Motion: Rick Raynes motioned to approve the minutes as presented.
Second: Niles Schore
VOTED – 5-0-1 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Niles Schore; Daniel Hook; George Claassen
Opposed: None
Abstain: Megan Burgess

Public Comment
Public Hearing
Old Business
New Business
• Lot Line Adjustment.Woodland Pond. Lupine Lane
(R7 2-22 & 2-24). R3 Zone.Lathrop.
Eric Saari of Altus Engineering appeared on behalf of the applicants, with Tom Lathrop present. Mr.
Saari explained that the lots are part of the Woodland Estates cluster subdivision and are served by a
private right of way. The applicants have purchased three lots in the subdivision and propose to adjust
the lot line between two of them, transferring approximately 8,700 square feet from one lot to the
other. The reason for the adjustment is to make room for a barn. Mr. Saari stated the transfer leaves
over 20,000 square feet for septic and that neither lot is intended to be developed at this time. In
response to a question from the Board, Mr. Saari confirmed that the lot being reduced remains a
buildable lot.
Motion: Daniel Hook motioned to find the application complete.

Second: Niles Schore
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Niles Schore; Daniel Hook; Megan Burgess; George
Claassen
Opposed: None
Abstain: None

• Sketch Plan.Megan’s Meadow
Subdivision Amendment
(creation of 1 lot).
(R37-6). R2
Zone.LRB Leasing, LLC.
Neil Rapoza of Civil Consultants appeared on behalf of the applicant. Mr. Rapoza explained that a
portion of land was transferred to LRB Leasing from a neighboring lot, and that the intent of the
amendment is to use the additional land to increase the allowable density on the subject lot and create
one additional single residential lot beyond what was approved in the original development.
Mr. Rapoza reviewed the previously approved plan, which was developed as a multifamily
development with 12 units clustered near the entrance. He stated the original development was
approved in approximately 2016 and built in 2017. A remainder parcel containing an existing house
was cut out and, to his understanding, sold. Land across Megan's Way is also retained by LRB
Leasing and was used in the original density calculations; a maintenance facility had been proposed on
that parcel and was never built.
Mr. Rapoza explained that because the project involved multifamily development, the soil density
rules apply. After the survey and soil density calculations were completed, the parcel was
approximately 1,000 to 1,500 square feet short of the density requirement. The applicant proposes to
remediate soils to bring the overall density into compliance. In response to questions from the Board,
Mr. Rapoza clarified that no wetlands are involved and that remediation consists of mixing fine sand
into somewhat poorly drained soils so that a licensed site evaluator can classify them as somewhat
well drained. He identified two areas totaling approximately 3,000 square feet and approximately
5,000 square feet, both adjacent to previously disturbed areas. He noted this approach has been used in
Town before, including by this applicant.
In response to a question from the Chair, Mr. Rapoza confirmed the parcel acquired to the north was
acquired for density calculation purposes only and is not proposed for development. The Board noted
the large field associated with the original approval is open space and cannot be developed.
The Board discussed whether to conduct a site walk. The Chair stated that the original application had
been contentious and that neighbors had appreciated the site walk, and requested that a site walk be
held. Board members were in agreement.
James Bellissimo requested that the Board consider moving the September 3, 2026 meeting to
September 10, 2026, as he would not be in Town on September 3. The Board agreed, resulting in
meetings on September 10, 2026 and September 17, 2026.

Site Walk scheduled for 4:30pm September 10

• ConditionalUse.500 Portland Street. Energetics Manufacturing&D.
R Industrial.(R72-17).
RC/I Zone.General Biological Corporation.
David Sozanski, Chief Technology Officer and co-founder, appeared on behalf of the applicant. Also
present were Ahbi Godavarthi co-founder and Chief Executive Officer; Scott Kearnan, property
owner; and Brian Rayback, land use attorney.
Mr. Sozanski provided background on the company, which was founded approximately three and a
half years ago, is headquartered in Waltham, Massachusetts, and operates a commercial
manufacturing site in northeastern Louisiana. He explained that the company's approach is to break
chemical plants down into discrete unit operations and build modular, highly automated equipment
that can be manufactured centrally and assembled on site, reducing cost and schedule compared to
conventional plant construction. He stated the company operates under the d/b/a AT Process
Technologies for this work, which is a chemistry project and not a biology project.
Mr. Sozanski explained that energetics refers to molecules with a high amount of stored energy, used
in rocket motors, propellants, and explosives. He described the company's research into the field and
stated that the company's process technology proved applicable at the smaller scales involved.
Mr. Sozanski stated that 500 Portland Street is proposed as a location to design, build, and test the
modular units, referred to as skids, and to manufacture that equipment for shipment to final production
sites. He stated that the site was originally approved for 12 buildings within the existing impervious
envelope, only two of which have been built, and that the parcel provides ample setback distance from
neighbors. He noted the regional workforce in precision manufacturing and metalworking and the
site's proximity to the company's existing engineering team.
Mr. Sozanski stated that the site is for testing of production equipment and not for testing of
explosives, and that there will be no detonations or explosive testing on the site. He described the
material produced as a secondary explosive requiring a detonator to initiate.
Proposed site changes were described as minimal, with no changes to the existing impervious
envelope, drainage, or septic. The proposal includes use of the existing buildings for design,
manufacturing, and remote operation of tests; construction of a concrete test pad with concrete walls
on three sides; a barricaded explosive storage magazine; and fencing. Mr. Sozanski explained that a
Type 1 magazine is an in-ground permanent structure covered with earth and a Type 2 magazine is a
portable steel structure that would be barricaded, and that Type 1 is the company's preference. He
stated storage is regulated by the ATF and the Department of Defense at the federal level and by the
State Fire Marshal at the state level, and that ATF distance tables govern separation from inhabited
buildings and public roads. Modeling shown was based on 1,000 pounds of material, and Mr.
Sozanski stated the company intends to limit magazine construction and quantity so that the inhabited
building distance does not extend beyond the property lines.

Mr. Sozanski stated the company is working with experienced safety consultants who are reviewing
magazine construction, the site security plan, and standard operating procedures. He stated R&D
activities are expected to continue indefinitely and that manufacturing operations are expected to ramp
over the coming years, with hiring of mechanical and electrical technicians, engineers, test engineers,
and QA/QC technicians beginning after local approvals.
The Chair stated that the Board's action for the evening was limited to application completeness,
scheduling a site walk, and scheduling a public hearing, and opened the floor to Board questions. Rick
Raynes asked how much of the parcel the company anticipates using. Mr. Sozanski stated the
company would lease the entire parcel because persons not affiliated with the operation cannot be
within the outer zone, and confirmed that the existing tenant is expected to vacate before operations
begin.
George Claassen asked whether there would be a chimney or air emissions. Mr. Sozanski stated the
process is fully sealed and that no air emissions are anticipated, and that heat would be electric. He
stated solid and liquid waste generated would be hauled off site and treated by a hazardous waste
vendor, that the site would be classified at least as a small quantity generator requiring registration and
waste manifests, and that he expects approximately one truck per week removing waste in drums and
totes.
In response to a question regarding employment, Mr. Sozanski stated approximately five to 10
employees over the next six months to a year, increasing to approximately 20 to 25 if module
manufacturing ramps up.
Rick Raynes asked for a layman's explanation for the public. Mr. Sozanski stated that the site is not an
explosives factory, that some explosive material is produced as part of equipment testing, and that
storage quantities and applicable rules are comparable to those of a medium-sized blasting operation.
Daniel Hook asked about the volume of material being processed during testing. Mr. Sozanski stated
production scale begins at approximately one kilogram per hour, with larger scale approximately 10 to
20 times that, and that the material is a powder kept wet to reduce reactivity, packaged in anti-static
plastic bags within cardboard boxes. He stated the submitted materials reference approximately 10
pounds at the test site and that the analysis was intentionally framed under the more conservative
intentional detonation category.
Megan Burgess asked whether additional structures are anticipated. Mr. Sozanski stated the company
may expand manufacturing space and may shift additional lab and R&D operations to the site, but that
no additional detonation or test areas would be required.

Niles Schore asked about the explosive storage capacity and duration of storage. Mr. Sozanski stated
the 1,000 pound figure shown is a ceiling, that inventory would rotate, and that explosives would
generally be present in inventory. Mr. Schore asked for an explanation of the test pad and the
reference to unintentional and accidental events. Mr. Sozanski explained the test pad is a concrete pad
where synthesis equipment is operated, with raw materials staged on one pad and process equipment
on the other, and that it should likely be one contiguous pad with a lip to contain spills. He reiterated

that explosives are not being tested and that the equipment is being tested, and that the company
applied the more conservative intentional detonation standard because the equipment is running for
the first time.
Mr. Schore asked whether the company had spoken with the Police Chief regarding site security. Mr.
Sozanski stated the company had met with the Police Chief and provided a high level overview. He
stated a site safety plan is being drafted and will be provided before the next meeting, and that security
is anticipated to include an eight to 10 foot fence with barbed wire and camera monitoring, with
requirements potentially stipulated by a future government contract security designation.
In response to a question regarding timeline, Mr. Sozanski and Mr. Godavarthi stated that the work is
recognized as a critical priority at the federal level, that contracts have been available to the company
but that it has lacked the site and infrastructure, and that the company would initially operate as a
subprime with the expectation of becoming a prime contractor.
George Claassen asked which agencies conduct inspections and oversight. Mr. Sozanski stated the
Defense Contract Management Agency on direct contracts and otherwise the ATF. Mr.
Godavarthi stated the company is regulated by the DCMA, DDESB, Department of Defense, State
Department, ATF, and EPA, in addition to state and local regulation.
Mr. Raynes asked Mr. Sozanski to define the term magazine for the public. Mr. Sozanski explained it
is the structure or room where munitions or explosives are stored and described the Type 1 and Type 2
construction standards, including bullet resistant construction and lightning protection requirements.
Mr. Rayes asked whether it would be accurate to say the company is building the equipment that
makes explosives rather than building explosives. Mr. Sozanski confirmed that is correct at this site,
and that commercial manufacture of explosives would occur at a separate future site. He confirmed
the material produced during equipment testing is made at the site and would be shipped to customers,
and that the amounts produced are small relative to a commercial plant.
Mr. Raynes about transportation of material. Mr. Sozanski stated it is Class 1.1D material under DOT,
requiring a site security plan, registration with PHMSA, placarded trucks, dedicated loads, specialized
drivers, and route planning. In response to a further question, he stated the material is shipped wet, or
alternatively coated, to desensitize it, and that it is sensitive to shock, friction, and static electricity.
Daniel Hook asked whether manufacture of explosives is continuous. Mr. Sozanski stated it is not, and
that manufacture occurs only during pre-planned test campaigns, after which equipment is
disassembled and stored.
Mr. Godavarthi stated that the company does not expect to approach the 1,000 pound storage limit and
that nearly everything produced would be shipped off site. Mr. Sozanski added that chemical
quantities listed in the submitted materials are ceilings rather than actual inventories, that the Fire
Department would be advised of materials on site, and that Tier 2 reporting may be triggered.
Terry Wilson asked about the skids and the testing process. Mr. Sozanski confirmed the modules and
skids are the same, that they are roughly shipping container sized at 10, 20, or 40 feet, and that they
are manufactured on site. He confirmed the equipment is tested for function, that nothing is detonated

inside the skid, that the testing occurs behind the barricade for safety, and that product is moved to the
magazine. He stated there will be no detonations of any kind on the site and only small scale
production of the molecules.
Motion: Rick Raynes motioned to approve the lot line adjustment.
Second: Daniel Hook
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Niles Schore; Daniel Hook; Megan Burgess; George
Claassen
Opposed: None
Abstain: None
Site Walk scheduled for 4:30pm August 27 and Public Hearing September 10, 2026

Public Comment
Informational Items
James Bellissimo informed the Board that he has begun drafting ordinance language for data centers,
including a definition and performance standards, and will bring it to a future meeting for review.
Chair Fecteau and James Bellissimo informed the Board that they will meet with the Town's land use
attorney, Phil, on Monday to begin a grant funded project reviewing housing provisions in the Land
Use Ordinance and Subdivision Regulations. The purpose is to bring the Town into compliance with
recent housing law changes in a manner that is clear to interpret, enforce, and implement. The Board
discussed that growth restrictions may need to be reworked, including the current limit of three per
year per subdivision, potentially toward an overall zone based growth cap. The process is anticipated
to run five or six months and to result in proposed ordinance amendments for June 2027. Members of
the public are encouraged to participate.

Adjournment
Motion: Rick Raynes motioned to adjourn.
Second: Niles Schore
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Niles Schore; Daniel Hook; Megan Burgess; George
Claassen
Opposed: None
Abstain: None

Signed as Approved by the Board:

_________________________________
Chair

__________________________________
Date

Good afternoon,
The below list of questions and concerns are from several residents who reside on Stone
Lane, and whose properties directly abut 500 Portland Street, where there is a conditional
use application under review for AT Process Technologies. As a resident/owner of 10 Stone
Lane, we respectfully request that the Town of Berwick, specifically the Planning Board, as
well as AT Process Technologies, review and address this list in its entirety at the Public
Hearing scheduled for September 10th, 2026, at 6:30 PM.
We do request confirmation of the receipt of this email in the form of an email reply
from the Town of Berwick/Planning Board. In that email, please confirm that you will
be able to address all of the questions/concerns listed below (there are 33). If you are
not able to address the complete list, please respond by letting us know which of the
below questions/concerns will be addressed and which will not by September 8th (1
week), so we can be prepared for the meeting.
I truly hope these concerns are taken seriously, and taken under consideration when
reviewing this application. This is a significant financial, and wellbeing concern for
residents not just of Stone Lane, but the entire area. The way that the Planning Board has
handled these proceedings thus far has been extremely disappointing, and I genuinely
hope everyone can understand where those of us who reside in this area are coming from.
Speaking directly for myself, I would love to see Berwick thrive, and to be able to attract
businesses who can aid in economic growth, while making an effort to improve the
community they are operating in, in a positive way. This type of business is absolutely
necessary to support efficient operations in our federal government, but would be better
situated in an area far away from residential properties, where the below concerns would
not even be a discussion.
Working in local government is not for the faint of heart, and is more often than not
thankless. Thank you for your time and consideration.
Respectfully,
1. What type of site security will there be? The applicant talks about pursuing
Department of Defense contracts, which means there are national security
concerns at play. This site could be a target for surveillance or infiltration. Is the
Berwick Police Department receiving the support it will need to properly assess and
support the security requirements of this site?
2.
It was said that this site will not have 24x7x365 on-site security, and cameras will be
remotely monitored. What is the minimum and maximum response time to a security or

environmental issues at the site, both when personnel are onsite, and more importantly,
when there is no personnel onsite.
3.
There was mention of the transporting of explosive materials from the site on a
regular basis. How will those shipments be secured? Will they be escorted? Has an impact
analysis been done should one of these shipments be compromised, attacked, or
detonated? What would be the impact on the various municipal and occupied buildings
along these transport routes should the worst case occur?
4.
It was repeatedly suggested that nothing will be intentionally exploded on the site
and that the word explosion does not belong in the conversation, yet several security
measures directly related to the risk of explosion were discussed at the same time. This is
either incongruous or misleading. Mention was made of the buried storage magazine with a
steel blast door. This would not be needed if there was no explosive concern. The earthen
berm was repeatedly mentioned as being constructed from very clean fill on the site, with
no rocks over 6”. The only reason for their to be concern about rock size in an earthen berm
would be because those rocks could become deadly projectiles sent into abutting
residential land, potentially all the way to inhabited homes, not to mention the neighboring
business and passing traffic along Portland Street. This implies a direct concern about the
containment of potentially powerful explosives
5.
The applicant discussed a small quantity of explosive material being made as a
result of testing the machinery being built. They also mentioned that the explosive material
will be sold due to the high demand. What is the equivalent TNT yield of these resulting
material?
6.
What is the TNT yield of the stored material on-site, both raw material and finished
material?
7.
Has an earthquake assessment been done? Any tremor from an accidental
explosion poses a risk of damage to impervious surfaces that would render them no longer
effective.
8.
The mention of $8-10 million in insurance at the site walk to cover the risk of any
environmental contamination was mentioned. That is significantly insufficient for the risk
posed by this development, and does not specifically address the impact to residential and
commercial abutters.
9.
How will the materials in transit from storage to the “pad” be protected against
spillage?

10.
If this project is approved as submitted, would that allow the conditions related to it
not being “intended” for explosive manufacturing or detonation to be changed in the
future?
11.
Will the chemical storage area be contained within a reinforced concrete
containment area filled with sand and crushed stone to mitigate any potential leak or spill?
Tanks fail, and a secondary safety mechanism should be required.
12.
Given this project is not yet approved, can the town or applicant explain how they
are advertising for employment opportunities at a site that is not approved? Numerous
hiring advertisements have been found online before the planning board's initial hearing on
this permit occurred.
13.
Has a 2,000 gallon tank for runoff been confirmed to meet the requirement of a 100year storm in conjunction with a leak or spill? No matter how unlikely, it should
nonetheless be able to.
14.
What kind of lighting will be installed and what are the maximum lumens that may
be directed toward abutting properties? Lighting impacts the quality of life and nature for
residential abutters. Will there be lighting illuminating our fields?
15.

What is the maximum decibel level that will originate from the site?

16.
For the building that sits closest to Stone Lane, can the applicant guarantee that no
chemical, explosive, or other hazardous material will be stored, used, or made in that
building?
17.
How are the natural bodies of water such as streams and ponds nearby being
protected?
18.
If a leak or catastrophe happens what is your plan, and how will abutters be alerted?
There are wetlands surrounding and underneath your proposed business that feeds our
wells, farms, and animals. Who will foot that bill if our properties become contaminated?
19.
Pipes going out to the test pad, can they leak? Will insurance cover the market cost
of our properties and moving expenses if they become unusable due to contamination
from a leak/accident/unintended explosion?
20.
If I hunt or target practice on my own property will I have your security coming at us?
If my children get curious and decide to check the place out against my directions, how will
they be met?
21.
As a current government employee and Navy veteran, anything the government
(specifically DOD) touches turns into their control, meaning, if this business grows the way

they say they plan to, there's a high chance you will lose any control over it. Are you
prepared to deal with that?
22.
One of the intended purposes of this conditional use permit is to make machines
(skids) that make explosives for the US military/Department of Defense (War). To the Town
of Berwick, what if it turns into something you then wish you didn't approve?
23.
Are we going to be told what we can/can't do with and on our property due to federal
contracts?
24.
Is there a chance our property could be taken through Eminent Domain if this
project turns into something it wasn’t initially intended to be?
25.

Can I continue to fly my drone over the area if it becomes "Government" property?

26.
Will cameras be pointed at our properties or houses in any way? In the winter you
can see through the trees well.
27.
How large of an explosion does it take to fracture the aquaphor and bleed into our
wells?
28.
Would any part of this facility cause harm to the very high traffic of natural wildlife
that comes through here daily? Are there any protected species that reside in the wetlands
that are under and surround the entire property? The Northern Black Racer (aka North
American Racer) Snake is listed as a State Endangered species specific to York County,
including Berwick. Their ranges can cover around 200 acres. Has it been ensured that this
and other protected species do not inhabit these wetlands?
29.
How many pounds of explosives need to be tested and how many skids need to be
made, accounting for tests that do fail because nothing succeeds 100% of the time the first
try, before the skids are ready to ship? How would that affect storage of explosive materials
and chemicals on the property as far as quantity and length of storage time?
30.
In the construction/manufacturing of skids, what is done with equipment and/or
chemicals that failed and cannot be sold/shipped? How are you mitigating failed product?
31.
How are we going to be compensated for the depletion in property value due to this
type of business abutting our homes? The planning board should understand and evaluate
the financial impact on this type of business abutting a residential street regardless of the
zoning and permitted uses.
32.
We have invested in both money and time over years to create what we dreamed
would be our forever home. I cannot sell a home that has barbed wire fencing in the
backyard and is lit up like a sports stadium, not to mention the type of business that will be

behind our properties. How do we explain this to potential buyers without scaring the
buyers off?
33.
To the Town of Berwick, and the owner of 500 Portland Street, and the business
owners of AT Process Technologies. Do you own a home? A partner/spouse? Do you have a
family yet? Would you truly honestly be ok with this in your backyard? Your parents,
siblings', relatives, and or friends' backyards? If you said no to any of the first three
questions, that would mean you do have a level of ignorance that is missing when it comes
to putting your business near families and homesteads.

PERMIT APPLICATION PACKAGE
Pilot Plant Site Planning
500 Portland St., Berwick, ME 03901

Prepared for:
Town of Berwick, ME
Prepared by:
General Biological / AT Process Technologies
September 1, 2026

Table of Contents
1. Application for Permit.............................................................................................................3–4
2. Executive Summary..................................................................................................................... 5
3. Site Map................................................................................................................................... 6–7
4. Chemical Storage and Interactions with Maine DEP and Town of Berwick..............................8
5. Modular Hazardous Materials Storage Unit Specifications...................................................9–22
6. Maine Licensed Civil Engineer Approval.................................................................................23
7. Interactions with the Maine Office of State Fire Marshal.........................................................24
8. Community Information Memorandum...............................................................................25–28
9. Explosives Safety and Code Compliance Consulting: Project Summary............................29–30
10. External Hazards Assessment............................................................................................ 31–42
11. Commercial Lease Letter of Intent....................................................................................43–52

APPLICATION: CONDITIONAL USE PERMIT/SITE PLAN REVIEW
PLANNING BOARD
REVIEW FEES
(All Fees are Non-Refundable)
X Conditional Use Review$500.00

Site Plan Review $1,000.00

Parcel ID
PROPERTY
DESCRIPTION

APPLICANT OR

Physical
Address

RCI

Corporation

Phone

51.6 ac

500 Portland St
Berwick, ME 03901

Name General Biological

REPRESENTATIVE

INFORMATION

Site Plan ReviewPlease check any that apply:
Construction of3,000 or more ft2
Installment of 5,000 ft2 or more impervious surfaces.
Mobile Home Park
Site Plan Amendment$100
Extraction Industry
Multi- Family
X None of the above
Map:R72 Lot: 17 Zoning District:
Total Land Area: Part of a Subdivision(Y/N)
N

978-727-3884

Aquifer Protection
(Y/N)

N

Shoreland Protection
(Y/N)

Y

Resource Protection
(Y/N)

N

Special Flood
Hazard Area(Y/N)

N

Mailing
Address

283 Bear Hill Rd.
Waltham, MA 02451

Email Address

[email protected]

PROJECT DESCRIPTION

Existing Use: Approved for commercial/industrial use(s)
Project Name: 500 Portland St
Proposed Use Energetics Manufacturing R&D (See letter for detail)
Waiver(s) Requested:None anticipated.
Planning Board meetings are thest1and 3rd Thursday of each month at 6:30pm.
This application must be submitted at least
two weeksin advance of the Planning Board meeting.
-going
On
applications haveone-week
a
submittal requirement. Please
-mail
e a complete application to
jbellissimo@berwickmaine.
gov, submit the application fee and
ninecopies to the Planning
& Development
Department with the requirements outlined on the other side of this application.
A Public Hearing and a site walk, when necessary, will be scheduled when the Planning Board finds the application
complete. All expenses must be paid before a Certificate of Occupancy will be granted through the Code Enforcement
Office. A performance guar
antee may be required by the Planning Board.
CERTIFICATION. To the best of my knowledge, all information submitted with this application is true and
correct.
___________________________________________
Signature of Applicant

7/9/2026
________________
Date

SUBMITTED

WAIVER
REQUEST

X

N/A

X

N/A

X

X

X

X

X

SUBMITTED

WAIVER
REQUEST

CONDITIONAL USE APPLICATION REQUIREMENTS

List of Abutters located within 200 feet including tax map and lot
number. Information can be found in the Assessing Database or GIS
maps atwww.berwickmaine.gov
Right, Title and Interest to the Property: Copy of Deed, Purchase &
Sale Agreement or subdivision approval.
Site Plan to include requirements in Section 9.8(F) of the Land Use
Ordinance. Including: Proposed buildings with room layout
Approximate boundaries of the parcelParking Plan
Traffic circulation with proposed exists and entrances
Lighting Landscaping.
Written narrative describing proposed use including:
Total floor
area Ground coverage Location of each proposed building
Setbacks to property line Business Hours of Operation
Number of Employees Materials to be Used Refuse/Garbage
Disposal Noise Existing restrictions or easements on the site
External Plumbing Permit or permission letter to enter municipal
water and sewer lines
. OR on-site soils investigation report by
licensed site evaluator.
Written statement documenting proposed Low Impact Design (LID)
for the site to reduce storm water volumes. LID includes, but is not
limited to: green roofs, rain gardens, tree wells, infiltration basins, and
permeable pavement.
Materials to satisfy Section of 9.8.I.1 a through
r as they apply to
Conditional Use Review.
SITE PLAN APPROVAL REQUIREMENTS

Map or maps prepared at a scale of not less than 1” to 40’
Perimeter survey of parcel certified by registered land surveyor
Which meets all requirements of 9.8. criterion 2.b.i
Topography indicating contours at intervals of not more than two
feet in elevation unless otherwise specified by the Planning Board.
Existing and proposed locations and dimensions of any utility lines,
sewer lines, water lines, easements, drainage ways, public or private
ways
Location, ground floor area and elevations of buildings and other
structures on site
On-site soils investigation which meets all requirements of 9.8.2.b.iv
Location and dimensions of-site
on pedestrian and vehicular access
ways, parking areas, loading and unloading facilities, design of ingress
and egress of vehicles to and from the site on to public streets and
curb and sidewalk lines
Landscape plan showing location, type and approximate size of
plantings and location and dimensions of all fencing and screening
A written statement that meets all 11 requirements of 9.8.F.2.c
Materials to satisfy Section of 9.8.I.1 a through s as they apply to Site
Plan Review.

General Biological Corporation/AT Process Technologies (ATP)
Proposed Use of 500 Portland Street, Berwick, ME 03901
Prepared for the Town of Berwick Planning Board

Company overview

General Biological (GB) is a chemical manufacturing technology company headquartered in Waltham, Massachusetts with a
manufacturing plant in Northeastern Louisiana. GB is focused on the production of petrochemicals from biomass, with
emphasis on polymer applications. After developing technology in the lab over the course of years, GB revitalized an
abandoned chemical plant in East Carroll Parish, LA, investing tens of millions of dollars and creating dozens of jobs.
Recently, our team was made aware of critical issues in our country’s munitions supply chains by the US Department of
War. Recognizing that GB’s technologies could be transformative for the defense industrial base, GB launched a business
unit under the name AT Process Technologies (ATP) focused on the advanced manufacturing of energetic materials. These
materials are the most critical component of every munitions system, and today are produced at a single, 100-year old
plant that sits in disrepair, with lead times measured in years. ATP has developed safer, highly automated methods to
produce these critical explosives, addressing the growing threat landscape facing America and our allies at this critical
moment in history.

Proposed use of the property

Conventional energetics production runs in large, non-automated batch processes, using a 1940s chemistry that requires
concentrated, hazardous inputs and keeps a large quantity of explosives in a single place. Our process uses a different
chemistry that limits the hazardous operations to a small scale inside a compact, automated unit we refer to as a “skid.”
This skid is operated completely remotely, with only a few pounds of energetic material exist at any given moment, which
moves into safe and permitted storage quickly after it is produced. We plan to use the Berwick site to design, build, and test
our skids. We do not intend to test or detonate any explosives at all. In practical terms:
• The two existing buildings at 500 Portland Steet will serve as shop and fabrication space. We expect to rely on Berwick's
local labor force to drive this work
• A prefabricated storage magazine will sit at the southern corner of the approved building envelope, behind earthen
barricades and more than 1,000 feet from the nearest abutting building. Total material in storage will remain far under
ATF and DDESB guidelines for safe storage.
• A concrete test pad with block walls on three sides will sit to the northeast of the magazine. Operators will run the skid
remotely from inside a building, and finished material will be moved to the magazine right after each run.

Safety and permitting

The work is regulated at the federal, state, and local levels. We are pursuing an ATF Federal Explosives License (Type 20), a
process we have completed before, along with DOT and PHMSA registration for shipping. At the state level we will obtain a
Maine explosives permit, and we are coordinating with the Maine DEP on bulk storage and site review. Locally, this
application covers the use approval and Code Enforcement review. Independent explosives safety and fire-protection
consultants are advising on the design.

Questions we expect from neighbors
Concern
Explosion risk

Chemical storage and nearby
water
Traffic and noise
Emergency response
Security
Air, water, and waste

Response
Only a few pounds are in process at any time behind approved barricades, and finished
material goes straight into a barricaded, ATF-approved magazine set back more than 1,000
feet. Explosives handling is highly automated, and the skid is operated remotely.
Bulk chemicals are stored outdoors in dedicated hazmat containers with fire suppression, not
in the buildings. Storage locations have secondary containment to prevent accidental run-off.
Deliveries are infrequent and arrive by drum. Fabrication and welding happen indoors, and
there is no open detonation or blasting. Testing is quiet and the entire active area of the site
is hundreds of feet from the road or abutters.
We will build a site emergency plan together with the Berwick Fire and Police departments,
including first-responder briefings and pre-incident planning.
Access to the site is controlled, the magazine meets ATF security requirements, and materials
are tracked under defense-grade inventory controls.
The process is small, hazardous waste is handled by licensed disposal, and storage is set up to
meet Maine DEP requirements. There are no air emissions.

Materials on site and local impact

All bulk chemicals are kept outdoors in dedicated hazmat containers with fire suppression, within secondary containment.
Quantities are modest and the appropriate NFPA guidelines are strictly adhered to. Over time, this site will add dozens of skilled
jobs, including operators, technicians, engineers, and chemists. Our work would also generate significant demand for local
contract fabricators, along with added tax base and a long-term engineering presence in Berwick.
We met with the Director of Planning and Development, the Police and Fire Chiefs, and the Code Enforcement Officer at the Town Hall on
June 24, 2026, prior to submitting this application.

8/26/2026
CIVIL
CONSULTANTS

PROPOSED SITE DEVELOPMENT
LAND OF 3G'S REALTY LLC - MAP R72/ LOT 17
ROUTE 4 (PORTLAND STREET)
BERWICK, YORK COUNTY, MAINE

NEW ENGLAND
Engineers
Planners
Surveyors
P.O. Box 100
South Berwick
Maine
03908
207-384-2550
www.civcon.com

SKETCH PLAN
CONDITIONAL USE
DEVELOPMENT LAYOUT

SK1

8/26/2026
CIVIL
CONSULTANTS



BUFFER 'A' LINE LISTING

PROPOSED SITE DEVELOPMENT
LAND OF 3G'S REALTY LLC - MAP R72/ LOT 17
ROUTE 4 (PORTLAND STREET)
BERWICK, YORK COUNTY, MAINE

NEW ENGLAND
Engineers
Planners
Surveyors
P.O. Box 100
South Berwick
Maine
03908
207-384-2550
www.civcon.com

SKETCH PLAN
CONDITIONAL USE
OVERALL SITE

SK2

General Biological Corporation
AT Process Technologies (ATP)
283 Bear Hill Rd.
Waltham, MA 02451
Chemical Storage and Interactions with Maine DEP
General Biological is currently reviewing quotes from companies that design and
manufacture custom modular hazardous material storage buildings that meet OSHA, EPA,
NFPA, and FM regulations. Combined, the units will cover approximately 480 sq. ft. (4,320
cu. ft.) and will feature any combination of the following; Secondary spill containment,
proper hazard signage, secure/lockable, alarmed, weatherproof, insulated, temperature
controlled, and fire rated as appropriate.
Since July, General Biological has maintained contact with the Maine Department of
Environmental Protection (DEP), Department of Labor (DOL) and OSHA, the Maine
Emergency Management Agency (MEMA), and the Town of Berwick regarding regulations on
chemical storage, hazardous materials and waste, and Maine’s Mandatory Shoreland Zone
Act.
We are gathering the necessary information to file for an EPA ID with the DEP Hazardous
Waste Management Unit. The facility will be classified as a Small Quantity Generator
(SQG) at the federal level and ME Full Quantity Generator at the state level. Maine DEP is
reviewing the information provided to determine whether specific chemical storage
requirements apply. In the meantime, we were directed to the DOL and MEMA regarding
additional permitting requirements. We were also directed to the Town of Berwick
regarding Maine’s Mandatory Shoreland Zone Act as it is enforced by municipalities and
their ordinances may be stricter than DEP regulations.
Maine’s DOL and OSHA have confirmed that they do not require permits for chemical
storage. However, we are required to ensure that a hazardous communications program is
in place, safety data sheets (SDS) of all chemicals on site are readily available, and that
employees are properly trained in all hazards. We have reached out to MEMA regarding
chemical storage requirements and are awaiting a response. We have reached out to the
Town of Berwick Code Enforcement Offices regarding Maine’s Mandatory Shoreland Zone
Act and are awaiting a response.

B.

6

08/05/24

B.

6

B.

6

B.

6

KEY NOTES
MODEL MCH3 CONTROL HEAD

B.

6

KEY NOTES

B.

6

American hazmat rentals

1.

2.

3.

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

Dimensions
1.1. Exterior dimensions: 20' long x 8' wide x 8'6" tall ISO container. The electrical power panel and FSS alarm bell protrude an additional 6½" giving a total length of 246-½". The optional air conditioner unit if installed protrudes 15" off the container's back wall giving a total
length of 255".
1.2. Interior dimensions: 216" wide (201-½ to the fan) x 81" deep x 86" tall (74" Floor to bottom of the light / 80-½" Floor to bottom of the
FSS nozzles).
1.3. Door opening: 92" wide x 84' tall.
1.4. Side Door opening: 224" wide x 84' tall.
Capacity
2.1. Drum Capacity: 27 (single stacked).
2.2. Pallet capacity: 48” x 40”: 8.
2.3. Sump Capacity: 540.42 gallons Fully welded 0.125 sheet metal floor pan, liquid tight.
2.4. Liquid gallon capacity: 1,800 gallons.
2.5. Floor Load: 632 pounds per square foot. Raised galvanized grading.
2.6. Roof Snow load:
2.7. Wind Force Rating: 150mph.
2.8. GVW: 13,500 pounds.
2.9. GVWR: 62,500 pounds.
Structural
3.1. To meet ISO specifications, the container sides, bottom, and top panels are made of corrugated steel mounted on a steel frame. The
container is assembled using arc welding. The flooring inside the container is made of 1” x 1/8” x 36” GW 100 hot dip galvanized GPI
welded steel grating, and plane surface. Doors are double-hinged, meaning they swing to the inside and outside. Each of the eight
corners of the container must be equipped with an ISO standard fitting to facilitate handling and stacking. 14-gauge Corten corrugated
steel outer construction.
3.1.1. Base Structure- The base structure will be composed of two (2) bottom side rails, a number of cross members, and one pair of
forklift pockets, which are welded together as a sub-assembly.
3.1.2. Bottom Side Rail- Each bottom side rail is built of a steel pressing made in one piece. The bottom flange faces outwards to be
easily repaired and hard to corrode. Qty.: 2 pcs Shape: Double “Z” section Dimension: 155 x 52 x 30 x 28 x 4.5mm.
3.1.3. Crossmember- The cross members are composed of a number of small, pressed channel sections and some larger ones located
beneath each board joint of the plywood, which are placed at a certain center distance. There are 3 pcs of t4.0 stiffeners in each
joint member. Shape: "C" section Small one: 122 x 45 x 45 x 4.0 mm, Qty.: 16 pcs. Large one: 122 x 75 x 45 x 4.5 mm, Qty.: 2 pcs.
Stiffener: 4.0 mm thick, Qty.: 6 pcs.
3.1.4. Forklift Pocket- There will be a pair of forklift pockets in every container. Each forklift pocket consists of 2 pcs of cross members,
one piece of top plate, and 2 pcs of bottom plates. Each forklift pocket is designed according to ISO standards: Top plate: 3 mm
thick, Qty.: one piece. Bottom plate: 6.0 mm thick, Qty.: 2 pcs.
3.1.5. Floor Central Rail- A primed 4.0 x 50 mm flat bar loosely placed on top of the cross members to support the floorboards at the
center.
3.1.6. B.S.R. Corner Stiffener- Four corner stiffeners, t4.0 x 200 mm thick protection plates will be welded from side rail to corner
castings.
3.1.7. The front end will be composed of front-end frame and corrugated front panel, which are welded together as a sub-assembly.
3.1.8. Front End Frame- The front end frame will be composed of two corner posts, one top end rail (sub-assembly), one front bottom
rail and four corner castings.
3.1.9. Front Corner Post- Each corner post is made of a 6.0 mm thick section steel pressing to ensure the suitable strength, light-weight
and easy maintenance.
3.1.10.Top End Rail- (sub-assembly) The front top end rail is constructed with square steel tube lower part and steel plate upper part. The
upper part is extended inwards of the container certain distance with full width from front part of top corner castings. Lower rail:
60 x 60 x 3.0 mm. Upper part: 3.0 mm thick.
3.1.11.Front Bottom Rail- The front bottom rail is built of 4.0 mm pressed steel and formed into open sections. The front bottom rail has
3 pcs of inner vertical stiffener. Two-channel section steel recesses are provided adjacent to the bottom fitting to prevent damage
due to any twist lock misalignment. Front Bottom Rail Stiffener: 4.0 mm thickness Front Cone Damage Protector: 200 x 75 x 9.0
mm Front bottom rail: 40 x 32 x 60 x 154 x 40 x 4.0 mm.
3.1.12.Front Panel The front panel is composed of steel sheet fully vertically corrugated into trapezium section, butt joint together to
form one panel by means of automatic welding.

AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

3.1.13.Rear Corner Post- Each corner post is constructed from an inner part of channel shaped hot-rolled section steel and an outer part
of steel pressing, welded together to form a hollow section to ensure the door opening and suitable strength against the stacking
and racking force. Four (4) sets of hinge pin lugs are welded to each outer part of the corner post. Inner part: 113 x 40 x 12 mm
Outer part: 6.0 mm thick.
3.1.14.Door Header- The door header is constructed from a lower part of a "U" shaped steel pressing with internal stiffener ribs at the
location of the cam keeper’s backside and an upper part of steel pressing rear header plate, they are welded together to form a
box section to provide a high rigidity. Door header lower: 4.0 mm thick Door header upper: 3.0 mm thick Door header stiffener:
4.0 mm thick, Qty.: 4 pcs. The door sill is built of special channel section steel pressing with internal ribs as stiffeners at the
backside of each cam keeper. The upper face of the sill has a slope for better drainage and the highest part is on the same level to
the upper face of the wooden floor. Two-channel section steel recesses are provided adjacent to the bottom fitting to prevent
damage due to any twist lock misalignment. Door sill: 4.5 mm thick, Slope: 10 mm Door sill stiffener: 4.0 mm thick, Qty.: 4 pcs.
Rear cone damage protector: 200 x 75 x 9.0 mm Side Wall Assembly The side walls will be continuously welded to each other and
to the side rails and corner posts. Welding penetration side panels to rails should be min.75%. 3.7.1 3.7.2 Top Side Rails Each top
side rail is used a square steel pipe. Side Walls Rail: 60 x 60 x 3.0 mm. Each side wall will be composed of several sheets for the
intermediate (inner) parts and outer panels at each end of side wall, fully vertically corrugated into a trapezium section, butt
welded together to form one panel by automatic welding.
3.1.15.The roof will be constructed by several die-stamp corrugated steel sheets
with a certain upwards camber at the center of each trough and corrugation,
these sheets are butt jointed together to form one panel by automatic
welding.
3.2. Lockable and Weatherproof Construction.
3.3. Built-in secondary Security 6in deep steel floor sump for spill containment.
3.4. Floor grading support beams at 2 ft on Center.
3.5. Removable Steel non-skid Floor Grating Provides Full Access to Secondary
Containment.
3.6. 2 door vents located at the opposite end of the container as the electrical exhaust
fan. Equipped with foul weather hoods. Each vent shall be equipped with a
galvanized, bidirectional 3-hour dynamic fire dampener. Designed to automatically
close via a 165°F replaceable fusible heat link. 2,400 FPM maximum velocity; 4.0 WG maximum static pressure. Complaint with UL
standard UL555.
3.7. 4 top and 4 bottom corner castings will comply with ISO/1161 standards.

AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

4.

5.

6.

7.

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

3.8. Forklift pockets: 96" outside to outside of the forklift pockets / 67¾" inside to inside of the forklift pockets / 81½" center of the forklift
pocket to center of the forklift pocket / Each forklift pocket is 14" wide 4¼" tall. Each forklift pocket
consists of 2 pcs of cross members, one piece of top plate, and 2 pcs of bottom plates. Each forklift
pocket is designed according to ISO standards: Top plate: 3 mm thick, Qty.: one piece. Bottom plate:
6.0 mm thick, Qty.: 2 pcs.
3.9. Premium, high-solids formula with acrylic polymers, resins, fillers, and titanium dioxide pigments
white outside paint coating that Reflects 92% of solar heat and rays for a cooler inside temp.
3.10. One (1) pre-engineered Commercial 3 Hour Fire-Rated Steel Frame, self-closing double doors shall be
installed in the center of the right wall. This will provide access to the inside of the container in
accordance with NFPA 30 regulations.
Handling

The container will be constructed to be handled under the following conditions without distortion or effect
on its structural integrity: A. Lifting full by its top corner castings by means of spreaders. B. Lifting full by its
bottom corner castings by means of fitting at a sling angle of 45 degrees. C. Lifting full or empty by forklift
at its forklift pocket.
Unit Anchoring/Securing
6.1.1. Under normal circumstances, our Hazmat container doesn't need to be anchored to the ground due to their natural weight,
however in some cases like areas with high winds or that are prone to tornadoes, Hurricanes, or earthquakes, it may
make sense to add some extra security to keep the containers tied down for extra strength and security. Both the
solutions presented require some type of foundation or footer in each of the corners
6.1.1.1. ISO 1161 bottom corner pad eye fitting twist locks that are welded or bolted to an existing slab that is
engineered to load specifications. One per bottom corner.
Fire Rated Construction
7.1. AH bi-directional 4-hour fire-rated UL DES U419 / MEA 81-98-M walls & ceilings Class 1, Division 2 Compliant.
7.2. 2 layers ¾” SHEETROCK brand gypsum panels, ULTRACODE Core, each side—2-1/2 x 2-1/2 x .083 Tube steel studs 24” on center. 2”
THERMAFIBER SAFB—panels vertically or horizontally applied; Top 2 layer attached with 1/4"-14 x 3 Pan Head Torx (6-Lobe) Tek Screw
#3 Point, Steel Zinc screws 24” on center. All Sheetrock will be covered with CR Steel Sheet 20 GA. Primed and painted. All joints
staggered; perimeter caulked.

AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

8.

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

Signage
8.1. All standard applicable placards and stickers on all doors leading to the inside of the container will include:
8.2. No Smoking within 50 feet.

AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

9.

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

8.3. NFPA diamond, NPPA Aluminum Flip File Placard.
8.4. Intended use Warning sticker.
8.5. Warning Over Hang sticker.
Electrical
9.1. Meets or exceeds NFPA 70 (National Electrical Code)

9.2. 110V, Single-Phase 20-amp.
9.3. 220V, Single-Phase 50-amp Electrical requirement.
9.4. All power equipment will be located inside an 18” x 18” x 6” NEMA 3 BOX.
9.4.1. Standard load center: BR main lug load, Dual grounds, Main lug, 125 A, Box Size 7, Aluminum Bus, Cover included, NEMA 1,
Metallic, 10 kAIC, BR, Surface, NEMA 1, 8 Spaces, 16 Circuits, Three-wire. UL 67 certification in file E8741
9.4.2. Heater thermostat: Line Volt Mechanical Tstat, Open/Close on Rise, SPDT.
9.4.2.1. 24 to 600VAC.
9.4.2.2. Temperature Control Range: 0 Degrees to 120 Degrees F.
9.4.2.3. Enclosure NEMA Rating: NEMA 4X.
9.4.2.4. Temperature Differential: 3 Degrees F.
9.4.2.5. Frequency: 50 Hz, 60 Hz.
9.5. Each container will have a Marine Shore Power Inlet, model number RV129R, 50A 125/250Vac
male electrical plug pre-installed near the unit's power panel. We will provide a female Marine
Shore Power Inlet, model number ED-RV129, 50A 125/250Vac plug that will need to be
connected to a 4-wire SOOW cable. This cable must be provided by the customer.
9.6. Static Grounding system.
9.6.1. The unit must also be properly grounded by connecting a green ground wire coming out
of the power panel to an 8’ copper grounding rod which must be driven down 95% in the
ground. Each unit will be provided with one grounding rod and clamp.
9.7. Materials
9.7.1. All wiring inside the container shall be ran through UL listed 6 and CSA safety listed hot
dip galvanized rigid metal conduit.
9.7.2. All wiring entering the container shall pass through a class one hazardous location sealing fitting to minimize the passage of gases
and vapors and prevent the passage of flames from one electrical installation to another through the conduit system. Suitable for
Class I Groups A, B, C, or D. Zone 1, Groups IIC, IIB, IIC.
9.7.3. Explosion Proof Junction Box. Explosion Proof Junction Box provides operators with Class I, Division 1 and 2 (Groups C, D); Class II,
Division 1 and 2 (Groups E, F, G).
AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

9.7.4. Explosionproof, Dust-Ignition proof Union. NEC/CEC: Class I, Division 1 and 2, Groups A, B, C, D Class II, Division 1 and 2, Groups E,
F, G Class III. NEC/CEC Certifications: UL Standard 886 (1203); UL Listed E10444; CSA Standard C22.2 No. 25, C22.2 No. 30; CSA
Certified 065181.
10. Accessories/Appliances
10.1. Air ventilation
10.1.1.Meets or exceeds NFPA 30.18.6. (Ventilation for Dispensing Areas)
10.1.2.Non-sparking Explosion-Proof Enclosed Exhaust Fan.
10.1.2.1. Hazardous Location Class: Class I, Group C and D; Class II, Group F and G.
10.1.2.2. Agency Compliance: cETLus, OSHA Compliant Guards.
10.1.2.3. Outer diameter 12” x 12”.
10.1.2.4. 1,640 CFM.
10.1.2.5. General Ventilation Applications, Hazardous Locations, Explosion Proof, Shutter Mounted Exhaust Fan.
10.1.2.6. Max. Ambient Temp. (F): 104 Degrees F.
10.1.2.7. Aluminum Blades, EPFC Motor Enclosure, Explosion Proof Motor, Powder Coated Steel Housing, Shutters, Wire Chrome
Plated Guard.
10.1.2.8. On/Off switch located on the outside back wall inside the power panel.
10.1.3.Two (2) 8” x 8” vents located opposite corners of each other on the container’s doors.
10.1.4.Foul weather hood covering.
10.2. Lighting
10.2.1.NON-METALLIC CORROSION-RESISTANT HAZARDOUS FIXTURES
10.2.1.1. Class I, Div. 2, Groups A, B, C, D; Class l, Zone 2, Groups llC, llB, llA; Class II, Div. 2, Groups F, G; Class lll; UL Marine Rated (US
only); NEMA 3, 4, 4X, IP66
10.2.1.2. UL 1598 Standard for luminaires UL 1598A Marine type luminaires UL 844 Standard for lighting fixtures for hazardous
locations CSA C22.2 no. 137-M1981 electric luminaires for use in hazardous locations; Enclosed and gasketed; NEMA 3, 4X,
IP66
10.3. Optional Air Conditioner
10.3.1.Hazardous Location UL LISTED for CLASS 1, DIV 2, GROUPS A, B, C, and D.
10.3.2.CERTIFIED in accordance with ISA 12.12.01 and NFPA 70
10.3.3.(NATIONAL ELECTRIC CODE), ANSI/UL 484 Room Air Conditioners
10.3.4.KSA registered model tested in accordance with SASO 2681
10.3.5.Unit surface temperatures will not rise above 135° C/275° F. Operates at low ambient conditions without freezing at outdoor
ambient temperatures as low as 7° C/45° F. Tolerates higher outdoor temperatures up to 55° C /130° F.
10.4. Optional Heater
10.4.1.Hazardous-Location Electric Heater: 3.6 kW Watt Output
10.4.2.Hazardous Location Rating Class I, Groups B, C, and D, Division 1 and 2
10.4.3.Standards ETL Listed for US and Canada
10.4.4.Heating Capacity of 12,286 BtuH
10.4.5.Heating Method: Convection
11. Pre-engineered Fire Suppression System (FSS)
11.1. Pryo Chem Monarch PCI-35ABC Dry Chemical Total Flooding Fire Suppression System. Equipped with an external remote pull station,
external audible alarm, and control head micro switch which cuts power to the exhaust
fan when the system has been activated.
11.2. Design to meet or exceeds NFPA Code 17-(Standard for Dry Chemical Extinguishing
Systems), and NFPA 30-(Flammable and Combustible Liquids Code)
11.3. UL/ULC Listed, Compliant with NFPA 17 (Dry Chemical Extinguishing Systems),
11.4. The fire suppression system shall be the stored pressure dry chemical pre-engineered
fixed nozzle type manufactured by Johnson Controls. The system shall provide for the
protection of the hazardous material storage building(s) for American Hazmat Rentals.
The system shall be capable of automatic and manual actuation. It shall be U.L. Listed
and installed in conformance with the systems manufacturer instruction within
Monarch Industrial Fire Suppression System Technical Manual, National Fire Protection
Association Standard No. 17, “Dry Chemical Extinguishing Systems” and No. 30,
“Flammable and Combustible Liquids Code,” and comply with all local and/or state
Codes and Standards. The system shall be designed for operation at ambient
temperatures from –20 °F to 120 °F (–29 °C to 49 °C).
AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

11.5. Two (2) total flooding NV-WA nozzles evenly spaced on the ceiling Approximately 120” apart and 60” from the end door/back wall.
11.6. One (2) 212° FL-212 fusible heat-link evenly spaced on the ceiling. All heat-links will be mounted via MODEL FLK-1 Detection Scissor Link
and mechanically connected 3/16” stainless steel cable to an MCH3 control head. All cable shall be run through 1/2” EMT Listed to
underwriter's laboratories safety standard UL 797, manufactured in accordance with ANSI C80.3 and CBP-1 corner pulleys for all 90°
connection points.
11.7. 35 Pound cylinder filled with ABC dry chemical powder.

11.8.
12. Compliance
12.1. Built to comply with NFPA Code 17, 17A, 30, and 70 Specifications. Approved holding of hazardous and flammable materials in
accordance with local regulations.
13. Customers responsibility
13.1. Once our Hazmat Lockers are in place and connected to electricity, the customer will need to have a locally certified fire suppression
system technician energize, test, and tag each Fire suppression system built into the hazmat container. Once the container is on rent, it
is the customer's responsibility as outlined in NFPA-17 11.2.1.1 to visually inspect the fire suppression system monthly. This inspection
should entail the following 11.1.1-11.1.8.
13.1.1. (1) The extinguishing system is in its proper location.
13.1.2. (2) The manual actuators are unobstructed including the external pull station.
13.1.3. (3) The tamper indicators and seals are intact.
13.1.4. (4) The maintenance tag or certificate is in place.
AMERICAN HAZMAT RENTALS

AOS42

American hazmat rentals

Phone: (325) 216-4222
Email: [email protected]
1396 Scott St. Tye, TX

Model no. AOS42
20’ x 8’ 4-Hour Fire-Rated Open-Side-Door

13.1.5. (5) The system shows no physical damage or condition that might prevent operation.
13.1.6. (6) The pressure gauge(s), if provided, is inspected physically or electrically to ensure it is in the operable range.
13.1.7. (7) The nozzle blowoff caps and heat links, where provided, are intact, clean, free of debris, and undamaged.
13.1.8. (8) Neither the protected equipment nor the hazard has been replaced, modified, or relocated. If any deficiencies are found,
immediately contact your AHR representative to take corrective action.
13.2. The entire fire suppression system must be routinely tested and tagged by a Pyro-Chem technician on a semi-annual basis (every 6
months) as outlined in NFPA-17 11.1.4 while in use. This is the customer's responsibility. Please get in touch with us if you need help
finding a local Pyro-Chem / Ansul fire suppression technician.
13.3. Air Conditioner (if installed) must be routinely checked once a week and the Interior mesh filter must be cleaned or replaced monthly.
13.4. Eye Wash station (if installed) It is our customers responsibility to provide an individual or department that must be assigned to the task
of checking all self-contained eyewash units on a weekly schedule to ensure the unit(s) is in proper operating condition with adequate
levels of flushing fluid. This inspection is to include briefly operating the unit by pulling down on the clear activating panel to cycle water
through. Records of these weekly inspections should be kept with the unit. Solution or water with an additive should be cleaned and
refilled per the solution manufacturers recommendations. Units containing just water need to be cleaned and refilled once a week.
Preservative additives can be purchased separately.

AMERICAN HAZMAT RENTALS

AOS42

August 24, 2026
Via Email
David Sozanski
AT Process Technologies
283 Bear Hill Road
Waltham, MA 02451
[email protected]
RE:

Code requirement interpretation
Chemical storage accommodation
500 Portland Street, Berwick, ME

Mr. Sozanski,
This letter has been prepared for you to provide my professional opinion with
regards to the containment of chemicals to be stored at the above-mentioned
property.
You have provided specifications for a rental trailer that has been designed for
the purpose of storing the hazardous materials prepared by American Hazmat
Rentals. These units appear to be designed to function as temporary, fully
conditioned structures that have internal capacity and air exchange capabilities to
accommodate the anticipated use. There is also a reservoir built into the units to
contain any spills that may occur within the structure.
It is my opinion that the containment units would not fall under the Water
Quality requirements noted in Section 7.19 of the Berwick Land Use ordinance
as the chemical storage would not be conducted outside of the conditioned space.
I would recommend that a level concrete base be installed beneath the pads to
maintain a consistent bearing material and uniform elevation.
Please feel free to contact us with any questions and share our contact
information with any prospective contractors as needed.
Respectfully yours,
CIVIL CONSULTANTS NEW ENGLAND

Neil J. Rapoza, P.E.
J:\aaa\2019\1935203\CIVIL\DOCUMENTS\2 - LOCAL APP MATERIALS\20260824-1935203-OUTDOOR-STORAGEOPINION-LETTER.docx

General Biological Corporation
AT Process Technologies (ATP)
283 Bear Hill Rd.
Waltham, MA 02451
State Compliance and Interactions with the State of Maine Office of State Fire Marshal
General Biological has submitted a Type 20 Federal Explosives License (FEL) application to
the U.S. Department of Justise Bureau of Alcohol, Tobacco, Firearms and Explosives for the
site at 500 Portland Street, Berwick, ME. Additionally, the company has been in contact
with the Maine Office of State Fire Marshal and has filed applications for both an Explosives
Users Permit and a permit to store explosives. Pending these approvals, a Responsible
Person (RP) or “Blaster in Charge” will be required to obtain a Certificate of Competency
from the State Fire Marshal’s Office to oversee all operations pertaining to the storage,
transportation, and use of explosives at this location.

Community Information Memorandum

General Biological RDX Pilot Facility – Berwick, ME

Community Information Memorandum
General Biological, Inc. - Proposed RDX Pilot Facility
Berwick, Maine
Prepared by Jensen Hughes, Inc. | August 2026 | Preliminary - for information and discussion

1.0

Purpose

General Biological, Inc. is proposing to operate a pilot-scale facility on an existing 51.6-acre industrial parcel on
Route 4 in Berwick. The work involves making and handling small quantities of a high explosive, called RDX, at
pilot scale.
General Biological retained Jensen Hughes, an independent fire, explosives, and process safety engineering
firm, to help develop the safety basis for the facility. Jensen Hughes was engaged before routine operations
begin, specifically so that the analysis would be available for review by the town, the fire department, state
regulators, and the project's insurers rather than produced after the fact.
The engagement is not a single study but rather a coordinated package covering five areas:

+ Explosives siting and quantity-distance. Formal identification of locations where an accident could occur and
what is affected, defining the largest credible event at each, and calculation of the resulting separation
distances to occupied buildings, public roads, property lines, and between facilities in order to evaluate
qualitative outcomes.

+ External hazards and contingency screening. What outside events could credibly affect the facility, and what
should be done about them. Lightning is screened against NFPA 780, including bonding, grounding, and
surge protection. Wildland and exterior fire exposure is screened against NFPA 1140, including vegetation
management, defensible space, and fire department access. Severe weather is screened for Berwick
specifically, covering snow and ice loading, high wind, nor'easter conditions, power loss, and seasonal
access limitations, alongside loss of utilities and vehicle impact.

+ Physical security. A full assessment of access control, perimeter conditions, storage and test area security,
personnel security, and inventory control, followed by a written security plan addressing prevention of theft,
unauthorized access, and sabotage.

+ Hazardous materials code analysis. Every process chemical is classified under the fire and building codes
from its safety data sheet, checked against the maximum quantities those codes allow, and screened for
whether it triggers a high-hazard occupancy classification.
This memorandum summarizes the explosives siting work for town officials, emergency responders, abutters,
and neighbors who want to understand what is being proposed and how the safety distances are arrived at. This
memorandum is a summary. It is not the safety analysis itself, and it does not replace any permit, license, or
approval.

Page 1 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

Community Information Memorandum

2.0

General Biological RDX Pilot Facility – Berwick, ME

Defined Scope and Limitations of Use

The facility is a pilot-scale operation. Material is made in small quantities, tested for chemical properties, and
stored. Pilot scale means the process is run at a size intended to prove it works, well below anything that would
be called production. The proposed work includes:

+ Synthesis of RDX at pilot scale in a remote, purpose-built enclosure.
+ Analytical characterization of that material.
+ Storage of finished material in a dedicated, engineered magazine.
General Biological has no defense contract at this time. It is equally important to be clear about what will not
happen on this site:

+ There are no intentional detonations anywhere on the property.
+ There is no destructive testing, no open burning, and no disposal of explosives by burning or detonation.
+ There is no munitions manufacturing, loading, or assembly. No shells, warheads, or cased items are
produced.

+ No explosive material is stored inside any occupied building.
Because nothing is intentionally detonated, the safety analysis treats the site as an operation where the only
event that must be planned for is an accident. Every distance in this memorandum is based on that accidental
scenario, not on a planned event.

3.0

Inventory and Maximum Quantities on Hand

The quantities are small, and they are capped by design and by license. Two numbers govern the analysis:
Location

Maximum amount

What this represents

Storage magazine

1,000 pounds

The most that may ever be stored on site at one time. This
is the facility ceiling.

Synthesis enclosure

10 pounds

The most that may be present during any single synthesis
operation.

The above reflect quantity ceilings, rather than working loads. They are set in the facility's safety basis and are
enforced through the federal explosives license, and they are the quantities against which every separation
distance.

4.0

How safety distances are set

The central safety tool in this field is called quantity-distance. The principle is simple: the more explosive
material present, the farther it must be kept from people, buildings, and roads. The required distances are not
negotiated case by case. They are published in federal tables, and they are based on decades of full-scale
testing.

Page 2 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

Community Information Memorandum

General Biological RDX Pilot Facility – Berwick, ME

Distance is the primary protection. Engineering measures such as earth barriers, reinforced walls, and earth
cover are used in addition to distance, not as a substitute for it, and any credit taken for them must be
demonstrated through analysis and approved by the regulator.
Different distances apply to different things being protected. The distance to an occupied building that has
nothing to do with the operation is longer than the distance to a work area staffed by trained employees who
know what is present and have been trained on the hazard.

5.0

Design Basis Relative to Code Minimums

A facility of this size, operating commercially without any defense involvement, would be regulated under the
federal explosives licensing rules alone. Those rules set real and long-established separation distances, and
they are the same rules under which quarries, construction contractors, and fireworks operators store explosives
throughout Maine.

Separation from

Commercial minimum at the 1,000-pound ceiling

Occupied buildings

425 feet with an earth barrier, 850 feet without

Public roads

165 feet with an earth barrier, 330 feet without

The commercial figures above are taken from the federal table of distances at 27 CFR 555.218
Several other choices go beyond what the commercial rules would require:

+ Magazine construction. At this quantity the commercial rules would permit a portable steel magazine of the
kind used at construction sites. The permanent design here is a reinforced concrete magazine covered in
compacted earth, built to a standard federal military design.

+ Blast modelling. The pressure produced by a worst-case accident was computed using the Department of
Defense Explosives Safety Board's own analytical tool. No commercial requirement calls for this.

+ Written safety analysis. A formal explosives safety hazard analysis of the kind this memorandum
summarizes is not required of a commercial licensee. It was commissioned voluntarily.

+ Conservative table selection. Where the federal distance table could be read two ways at exactly 1,000
pounds, the larger distances were used.

+ Synthesis enclosure protection. The enclosure is built with earth berms and an earth-covered roof, and the
operation is conducted remotely with no one inside, in a category of work for which the commercial rules set
no construction standard at all.

6.0

Proposed Facility Description

Page 3 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

Community Information Memorandum

6.1

General Biological RDX Pilot Facility – Berwick, ME

THE STORAGE MAGAZINE

Bulk material is stored in an earth-covered magazine, built to a standard federal design. This is a reinforced
concrete structure covered with a substantial layer of compacted earth on the roof and sides.
Two sets of distances are relevant. The federal explosives licensing rules that govern the facility today set the
distances that must be met to operate.

6.2

THE SYNTHESIS ENCLOSURE

The synthesis enclosure is a reinforced concrete cell surrounded by an earth berm on three sides with an earthcovered roof. General Biological has deliberately sized this larger than the minimum, because structures of this
kind are difficult to modify once constructed. No operator is inside it during a run; the operation is conducted
remotely.
At the 10-pound design basis, the Department of Defense criteria General Biological is designing to call for 200
feet to occupied buildings and 120 feet to public roads. The nearest public road, Route 4, is roughly a quarter
mile away.

6.3

INDUSTRIAL CHEMICALS

The process uses a small inventory of common industrial chemicals of the kind found at many manufacturing,
laboratory, and agricultural operations. The specific materials and the quantities of each are still being finalized
as the process design is completed and will be established through a fire code review and permitting process.
All of this inventory is stored in separate fire-rated containers on a dedicated concrete pad, grouped so that
materials which should not come into contact with one another are kept in separate containers. None of it is
stored with the explosive material. Engineered surface and controls will account for any leaks, spills or possible
loss of containment by ensuring that chemicals do not reach the ground or groundwater.

7.0

Fire, lightning, and emergency response

+ Lightning protection is required on the magazine and is designed to a recognized national standard.
+ The chemical storage containers have their own fire detection and suppression and are built to resist wind
loading and external hazards.

+ Emergency response procedures will be coordinated with response agencies in advance, so responders
know what is on site, where it is, and can anticipate response measures.

+ The site plan includes fencing and access controls. A security assessment is also being performed to
ensure protective measures and security controls are thoughtfully designed.
Prepared by:
Elaine Floro, Lead Consultant - CBRNE, Jensen Hughes, Inc.
Marissa Newby, Lead Consultant - CBRNE, Jensen Hughes, Inc.

Page 4 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

General Biological Pilot Facility

Maine

EXPLOSIVES SAFETY AND CODE
COMPLIANCE CONSULTING:
PROJECT SUMMARY
Prepared for General Biological, Inc. | Proposal No. MidAtl-26-0635 | July 15, 2026

Project Overview
General Biological is developing a pilot-scale energetic materials facility in Berwick, Maine. Jensen Hughes has
been retained to establish the explosives safety, physical security, and hazardous materials code basis for the
facility before routine operations begin.

Basis of Analysis
+
+
+
+

Design-maximum explosives magazine inventory.
Design-maximum test event.
RDX evaluated as Hazard Division 1.1D for explosives siting and consequence analysis.
Analysis based on the current site plan and the proposed magazine and test pad concepts.

Scope of Consulting Services
Explosives Siting and Quantity-Distance: Establishes a code and standards-based safety basis for the

proposed magazine and test pad, defining governing separation distances, operating limits, and practical
controls.
▪

Evaluate ATF Type 1 and Type 2 magazine configurations under 27 CFR 555.207 through
555.213 and recommend a magazine type, siting basis, and inventory limit.

▪

Perform ATF Table of Distances evaluation, cross-checked against NFPA 495 and applicable
DoD/DESR quantity-distance concepts.

▪

Determine governing Inhabited Building Distance, Public Traffic Route Distance, and Intraline
Distance, including barricaded and unbarricaded comparisons.

▪

Identify Possible Explosion Sites and Exposed Sites and develop hazard arcs for overlay on
the site plan and aerial imagery.

▪

Review the test pad concept, including operator location, exclusion zones, barricading, and
access controls.

External Hazards and Contingency Screening: Screening-level review of credible external events that could

affect the magazine, test pad, or operations, with a contingency plan for emergency response coordination.
▪

Screen lightning exposure and protection (NFPA 780 concepts), wildland and exterior fire
exposure (NFPA 1140 concepts), severe weather, loss of utilities, and vehicle impact and
intrusion scenarios.

Page 1 | July 2026

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

General Biological Pilot Facility

▪

Maine

Address notification pathways and coordination with local fire, town emergency management,
the Maine Emergency Management Agency, the State Fire Marshal, and ATF.

Physical Security Assessment and Security Plan: On-site assessment and a security plan supporting

regulated explosives storage and prevention of theft, unauthorized access, and sabotage.
▪

Evaluate access control, perimeter conditions, material storage areas, and test pad access,
including a two-day site visit.

▪

Deliver a security plan addressing access control, personnel security, and implementation
responsibilities.

Hazardous Materials Code Analysis: Classifies reagent, process, and storage materials and identifies code

implications for the facility.
▪

Classify materials under IBC and IFC physical and health hazard categories from provided
SDSs and process information.

▪

Perform Maximum Allowable Quantity (MAQ) analysis using IBC Tables 307.1(1) and
307.1(2) and IFC Chapter 50 concepts, including control-area evaluation.

▪

Screen for Group H occupancy triggers and develop a compatibility and segregation matrix
using NFPA 400 concepts.

General Consulting and AHJ Coordination Support: Ongoing support for stakeholder engagement and

design development as the project advances.
▪

Participate in coordination meetings with the town, Maine State Fire Marshal, ATF, insurer,
and other stakeholders.

▪

Review evolving site plans, layouts, and inventory assumptions and respond to technical
questions.

Standards and Regulatory Framework
▪

ATF licensing and magazine construction: 27 CFR Part 555.

▪

Explosives quantity-distance: ATF Table of Distances, cross-checked with NFPA 495 and
applicable DoD/DESR concepts.

▪

Lightning protection: NFPA 780.

▪

Wildland and exterior fire exposure: NFPA 1140.

▪

Hazardous materials classification and quantities: IBC and IFC (MAQ, control areas, Group
H).

▪

Chemical storage compatibility: NFPA 400.

Page 2 | July 2026

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

PRELIMINARY DRAFT REPORT

EXTERNAL HAZARDS ASSESSMENT
General Biological Pilot Facility– Berwick, ME

PREPARED FOR

PREPARED BY

General Biological, Inc.
500 Portland Street (Route 4), Tax Map R72, Lot 17
Berwick, ME 03901

Elaine Floro, NRP CSM
Marissa Newby, GSP NRP

Project #:
Date:

1EKF26002
August 31, 2026

jensenhughes.com

8830 Stanford Blvd. Suite 200
Columbia MD 21045
[email protected]
[email protected]

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.T0123

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

Table of Contents
1.0 EXECUTIVE SUMMARY .............................................................................................................. 3
2.0 INTRODUCTION .......................................................................................................................... 4
Background ................................................................................................................................. 4
Jensen Hughes ........................................................................................................................... 4
Report Objectives ........................................................................................................................ 4
3.0 METHODOLOGY .......................................................................................................................... 4
4.0 REGIONAL RISK CONTEXT ........................................................................................................ 5
5.0 NATURALLY OCCURRING HAZARDS ....................................................................................... 5
Seismic Ground Motion ............................................................................................................... 6
Flooding (External) ...................................................................................................................... 6
Severe Wind, Hurricane, and Nor’easter .................................................................................... 7
Tornado and Localized High Wind .............................................................................................. 8
Lightning ...................................................................................................................................... 8
Winter Storm (Snow and Ice Loading) ........................................................................................ 8
Temperature Extremes ................................................................................................................ 8
Wildland Fire................................................................................................................................ 9
6.0 MAN-MADE AND TECHNOLOGICAL HAZARDS ........................................................................ 9
Aircraft Impact ............................................................................................................................. 9
Electromagnetic Effects (HERO and EMI) .................................................................................. 9
Adjacent Explosives Facilities (Retained) ................................................................................. 10
Off-Site Chemical Release (Retained) ...................................................................................... 10
Pipeline Rupture (Retained) ...................................................................................................... 10
HAZMAT Transportation (Route 4 and Rail) ............................................................................. 10
Utility Disruption ........................................................................................................................ 11
7.0 RETAINED ITEMS REQUIRING DATA PULLS ......................................................................... 11
8.0 SUMMARY AND KEY RECOMMENDATIONS .......................................................................... 11
9.0 REFERENCES ........................................................................................................................... 11

_________________________________________________________________________________________________________
Page 2 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

IMPORTANT
PRELIMINARY DOCUMENT
This External Hazards Assessment has been prepared for the benefit of the General Biological
Project, and project team during the design phase. It is intended to inform design decisions,
support preliminary code compliance planning, and facilitate communication between the
project team and the Authority Having Jurisdiction (AHJ). It is not a final code compliance
determination, a certified engineering design, a legal opinion, or a guarantee of safety.
This assessment was prepared and based on data current as of August 2026. The scenario
analysis contained herein was performed as a first-pass internal engineering review by Jensen
Hughes. This document should be revised at each major design milestone and prior to facility
commissioning.

1.0

Executive Summary

This External Hazards Assessment evaluates the proposed General Biological Corporation RDX pilot
facility at 500 Portland Street (Route 4), Berwick, York County, Maine 03901, against the naturalphenomena and man-made external events that could act as accidental initiators over the facility
operational life. The assessment supports design development and stakeholder review by the Town of
Berwick, the Maine State Fire Marshal, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),
and the facility insurer.
The regulatory basis for the facility is 27 CFR Part 555, together with the Town of Berwick Land Use
Ordinance and Maine State Fire Marshal requirements. DDESB criteria are not applicable to this project;
DDESB Technical Paper 14 (TP-14), Revision 4, is applied as a supplemental screening cross-check
only. Fifteen external-event categories spanning Natural Phenomena Hazards and man-made events
were screened against the design envelope of the magazine standard drawings and, supplementally, TP14 thresholds, informed by regional hazard history (FEMA, USGS, Maine Geological Survey), the Maine
Climate Council scientific assessment, and the project civil drawings.
Fifteen external-event categories were evaluated. Three screen out on records obtained. External
flooding screens out: the parcel is in Flood Zone X, Area of Minimal Flood Hazard, on FIRM panel
23031C0545G effective July 17, 2024. Pipeline rupture screens out for mapped transmission lines: no
gas transmission or hazardous liquid pipeline is depicted within the National Pipeline Mapping System
extract covering the Portland Street corridor. Temperature extremes screen out: the bounding ambient
temperature for the State is approximately 129 degrees Celsius below the RDX decomposition onset. No
other category screens out on the evidence currently in the record. Section 7 lists the data pulls and
records required to complete the remaining screenings.
Retained items requiring public-data queries:

+ Adjacent explosives facilities (ATF Federal Explosives Licensee survey within a 5-mile radius).
+ Parcel flood-zone confirmation (FEMA Map Service Center determination against the York County
Flood Insurance Rate Map effective July 17, 2024).

_________________________________________________________________________________________________________
Page 3 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

The regional hazard record is dominated by severe storms, high wind, and flooding, concentrated in
winter and spring.

2.0

Introduction

BACKGROUND
General Biological Corporation is developing a pilot-scale energetic materials (RDX) operation at 500
Portland Street (Route 4), Berwick, Maine 03901, on Town of Berwick Assessor’s Map R72, Lot 17. The
planning basis is a design-maximum explosives magazine inventory of 1,000 pounds net explosive weight
(NEW) RDX and a design-maximum test event of 10 pounds NEW RDX. The proposed magazine is the
U.S. Army Corps of Engineers Modular Storage Magazine, Box-Type, Standard 421-80-07 (Revision 1),
January 2024, earth-covered at this site.
Magazine standard design envelope. Sheet S-001 of the standard drawings establishes the following
natural-hazard design criteria for the magazine. Wind: basic wind speed 180 mph at Exposure Category
C. Snow: ground snow load 60 psf. Seismic: Ss 0.65, S1 0.18, Site Class C, Seismic Design Category C,
Occupancy Category III.
Site description. The parcel comprises 2,247,818 square feet (51.603 acres), of which 1,139,595 square
feet is upland. It lies in the Town of Berwick Rural Commercial/Industrial zone, with portions within the
Shoreland Zone and within a Stream Protection District. Route 4 (Portland Street) bounds the parcel to
the north, and the Boston and Maine Corporation rail right-of-way runs parallel to and north of Route 4.
The proposed magazine and a bermed test pad are located in the interior of the developed area.

JENSEN HUGHES
Jensen Hughes provides explosives safety, physical security, and hazardous materials code consulting,
with ATF and DoD explosives safety qualifications, quantity-distance siting experience, and high-hazard
process safety expertise. This assessment supports the coordinated technical package being developed
for the facility.

REPORT OBJECTIVES
This report identifies the external events relevant to the explosives magazine and test pad, documents
the screening basis for each, and identifies the data and site-specific values required to complete each
screening.

3.0

Methodology

The assessment follows a structured, multi-layered external-events methodology. The primary regulatory
basis for this facility is 27 CFR Part 555, which governs the storage of explosive materials by ATF Federal
Explosives Licensees and establishes the applicable tables of distances. The Town of Berwick Land Use
Ordinance and Maine State Fire Marshal requirements apply in parallel. DDESB criteria are not
applicable to this project; DDESB Technical Paper 14 (TP-14), Revision 4, dated 21 July 2009, is applied
as a supplemental, conservative cross-check on external-event screening. External-events screening
identifies accidental initiators originating outside the facility boundary and evaluates each against the
design envelope of the magazine standard drawings and, as a supplemental check, TP-14 screening
_________________________________________________________________________________________________________
Page 4 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

thresholds. Point-source external events with an aggregate frequency below 1 x 10-7 per year at the
parcel are screened out under that supplemental check.
Licensing status. General Biological Corporation has applied to the ATF Federal Explosives Licensing
Center for a Federal explosives license or permit, and the application is under ATF evaluation.
Each candidate event is characterized using regional hazard identification and historical validation,
drawing on documented incidents and authoritative records (USGS, the Maine Geological Survey, FEMA
disaster declarations, and NOAA). The screening compares the site hazard demand to the magazine
standard design envelope to determine whether the event is bounded by the design. Forward-looking
climate projections from the Maine Climate Council scientific assessment are applied to test whether
hazard frequency or intensity is likely to evolve over the operational life.
Data sources include FEMA (National Risk Index and Flood Insurance Rate Maps), USGS (National
Seismic Hazard Model and earthquake catalog), the Maine Geological Survey, the Maine Climate
Council, NOAA, and the magazine standard drawings. Man-made external events additionally reference
ATF, EPA, and PHMSA public registries. Site-specific parcel, boundary, zoning, wetland, and flood
information is taken from the project civil drawings prepared by Civil Consultants New England, Sheets
SK1 and SK2, “Sketch Plan – Conditional Use – Development Layout,” Project No. 1935203, dated July
27, 2026 and plotted August 25, 2026.
Basis of analysis. The site configuration relied upon in this assessment is that shown on Sheets SK1 and
SK2 identified above, which are designated Sketch Plan – Conditional Use and marked Not for
Construction, and under which final site utilization and layout are determined during Conditional Use
review. The underlying boundary and planimetric survey was performed in February 2020 under snow
cover; contours are derived from Maine Office of GIS LiDAR; and depicted utilities were compiled from
field evidence. The screening conclusions in this report are valid for the configuration shown and are revalidated if the magazine location, test pad location, or site layout changes during Conditional Use review
or subsequent design.

4.0

Regional Risk Context

FEMA’s National Risk Index (Version 1.20, December 2025) rates York County as Relatively Moderate
overall, the highest of Maine’s 16 counties. The dataset is distributed through OpenFEMA and the FEMA
Resilience Analysis and Planning Tool.
The federal disaster record confirms the hazard profile, and York County’s declarations are
overwhelmingly for severe storms and flooding. Four major disaster declarations designating York County
are relevant to this assessment. The Halloween Storm of October 30 to 31, 2021 (DR-4647-ME) was
declared March 15, 2022. Winter Storm Elliott, incident period December 23 to 24, 2022 (DR-4696-ME),
was declared March 22, 2023. The severe storms and flooding of January 9 to 13, 2024 (DR-4764-ME)
were declared March 20, 2024, with York County designated for both Individual Assistance and Public
Assistance. The windstorm and flooding of April 3 to 5, 2024 received a Public Assistance declaration on
May 24, 2024 covering Cumberland and York Counties.

5.0

Naturally Occurring Hazards

_________________________________________________________________________________________________________
Page 5 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

SEISMIC GROUND MOTION
Southern Maine sits in a low-to-moderate seismic hazard area. Earthquakes are infrequent, but the
eastern United States transmits seismic energy efficiently, so events centered well outside York County
can still be felt locally. No earthquake centered in Maine is known to have caused significant structural
damage.
Historical examples that shape what is plausible:

+ January 27, 2025: magnitude 3.8 earthquake offshore of York Harbor, Maine, widely felt across New
England with no reported damage.

+ October 16, 2012: magnitude 4.0 near Hollis Center and Waterboro in York County, felt widely across
New England with only minor reported damage.

+ October 6, 2006: magnitude 4.2 near Bar Harbor, which caused rock falls in Acadia National Park.
+ March 21, 1904: the largest earthquake centered in Maine, in the Washington County area, which
overthrew chimneys near Calais and Eastport.

+ November 18, 1755: approximately magnitude 6 near Cape Ann, Massachusetts, which damaged
chimneys along south-coastal Maine from the New Hampshire border to Portland.
Projected future impacts:
Climate change is not a driver of tectonic earthquakes, and no change in seismic hazard over the
operational life is projected. USGS probabilistic hazard models place southern Maine in a low-hazard
region.
Screening conclusion:
The magazine standard design envelope is Ss 0.65, S1 0.18, Site Class C, Seismic Design Category C.
Structural adequacy of the magazine against site-specific seismic loads is established by the project
design team and is outside the scope of this assessment.

FLOODING (EXTERNAL)
The parcel is in Flood Zone X, Area of Minimal Flood Hazard, on FIRM panel 23031C0545G, effective
July 17, 2024, Town of Berwick, community 230144. The determination was taken from the FEMA
National Flood Hazard Layer on August 31, 2026. Area of Minimal Flood Hazard is the unshaded Zone X
designation, denoting area outside the 0.2 percent annual chance floodplain. RDX is insoluble in water
per the material safety data sheet. FEMA maps depict riverine and coastal flooding only and do not depict
pluvial (surface-water) flooding from extreme rainfall. The parcel contains mapped wetlands, a Stream
Protection District, and Shoreland Zone overlay areas.
Mapped flooding sources in Berwick. The York County Flood Insurance Study identifies the following
flooding sources within the Town of Berwick studied by detailed methods: Coffin Brook, Coffin Brook
Tributary 1, Driscoll Brook, Ferguson Brook, Keay Brook, Little River, Mulloy Brook, Worster Brook, and
Worster Brook Tributary 3, together with a redelineated reach of the Salmon Falls River. Sources studied
by approximate methods in Berwick include Adams Brook, Beaver Dam Brook, Hilton Brook, Love Brook,
Togue Brook, Salmon Falls River and Worster Brook. Hilton Brook and an unnamed brook are shown on
the locus map of the project civil drawings in the vicinity of the parcel; both are approximate-method
_________________________________________________________________________________________________________
Page 6 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

sources, for which no base flood elevation is established. The Flood Insurance Study records no known
existing or planned flood protection structures within the Town of Berwick, and states that the dams on
the Salmon Falls River in Berwick are recreational only.
Historical examples:

+ York County has experienced repeated storm-driven flooding, including Winter Storm Elliott of
December 2022 (DR-4696-ME), the January 9 to 13, 2024 severe storms and flooding (DR-4764ME), and the April 3 to 5, 2024 windstorm and flooding declared May 24, 2024. Within the Town of
Berwick, the Flood Insurance Study records that the March 1936 flood on the Salmon Falls River had
an approximate recurrence interval of 50 years and washed out the Eddy Bridge, the Worster Bridge
at New Dam, and Rochester Road.
Projected future impacts:
Maine is getting wetter. The Maine Climate Council scientific assessment reports statewide total annual
precipitation has increased by approximately 6 inches since 1895, and that the State now receives one to
two additional days per year with 2 inches or more of precipitation and two to three additional days with 1
inch or more, relative to the mid-twentieth century. The January 2024 storms produced record coastal
flooding in southern Maine. Stormwater systems are therefore designed with additional freeboard rather
than relying solely on historical precipitation-frequency values.
Screening conclusion:
Screens out. The parcel lies outside the 0.2 percent annual chance floodplain on the effective FIRM
panel, and the stored material is insoluble in water.

SEVERE WIND, HURRICANE, AND NOR’EASTER
Nor’easters cause more disruption than any other type of extreme weather in Maine, and their observed
wind speeds are commonly equal to or greater than those of hurricanes that have reached the state.
Landfalling hurricanes are rare in Maine.
Historical examples:

+ October 29 to 30, 2017 windstorm: an intensifying coastal low that produced gusts to approximately
70 miles per hour inland and hurricane-force winds offshore. More than 470,000 Central Maine Power
customers lost service, the largest weather-related power outage in Maine history, exceeding the
1998 ice storm. CMP reported restoration costs of approximately 69 million dollars in its January 2018
filing to the Maine Public Utilities Commission.

+ December 2023 to January 2024: a series of severe storms produced widespread wind damage,
outages, and flooding across southern Maine.
Projected future impacts:
Maine Climate Council projections point to a stormier future with more intense precipitation and winddriven events.

_________________________________________________________________________________________________________
Page 7 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

Screening conclusion:
The magazine standard design basic wind speed is 180 mph at Exposure Category C. Structural
adequacy of the magazine against site-specific wind loads is established by the project design team and
is outside the scope of this assessment.

TORNADO AND LOCALIZED HIGH WIND
Tornadoes are infrequent in York County. A point-strike frequency for the parcel has not been calculated.
Screening conclusion:
Not screened. Completion requires a point-strike frequency calculation for the parcel against the TP-14
supplemental threshold.

LIGHTNING
RDX may accumulate electrostatic charge per the material safety data sheet. The magazine standard
drawings include an integrated lightning protection system designed to NFPA 780, with bonding and
electrical continuity of reinforcing steel, ventilators, doors and frames to the grounding electrode system.
Screening conclusion:
Screens out as an initiator when the integrated lightning protection system is installed, tested and
certified.

WINTER STORM (SNOW AND ICE LOADING)
Winter storms bring snow, sleet, freezing rain, and strong winds, and southern Maine often sits near the
rain/snow line where events turn to damaging ice. The December 2023 to January 2024 period brought a
series of unusually severe winter storms to Maine.
Projected future impacts:
Winters are warming the fastest of any season in Maine, and the amount of snow and ice is declining
overall. When events do occur, they are projected to be more intense, with a greater share of mixed
precipitation and icing driven by temperatures hovering near freezing.
Screening conclusion:
The magazine standard design ground snow load is 60 psf. Structural adequacy of the magazine against
site-specific snow and ice loads is established by the project design team and is outside the scope of this
assessment.

TEMPERATURE EXTREMES
RDX begins to decompose at approximately 170 degrees Celsius and melts at 204 to 206 degrees
Celsius per the material safety data sheet. The nearest long-record station to the parcel is Sanford
Seacoast Regional Airport (KSFM), 8.5 nautical miles north-northeast, with a period of record from 1953.
The all-time maximum temperature recorded at that station is 101 degrees Fahrenheit (38.3 degrees
Celsius) on August 2, 1975, and the all-time minimum is minus 28 degrees Fahrenheit (minus 33.3
_________________________________________________________________________________________________________
Page 8 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

degrees Celsius) on January 18, 1957. As a bounding value, the all-time maximum temperature recorded
anywhere in the State of Maine is 105 degrees Fahrenheit (40.6 degrees Celsius), at North Bridgton on
July 4 and July 10, 1911, per the NOAA National Centers for Environmental Information State Climate
Extremes Committee.
Projected future impacts:
The Maine Climate Council scientific assessment projects that Maine’s mean annual temperature will rise
2 to 4 degrees Fahrenheit by 2050 and by as much as 10 degrees Fahrenheit by 2100 depending on
emissions pathway. A rise of that magnitude does not close the margin between the ambient envelope
and the decomposition onset.
Screening conclusion:

+ Screens out. Taking the Maine state record maximum of 40.6 degrees Celsius as the bounding
ambient temperature, the margin to the RDX decomposition onset of 170 degrees Celsius is
approximately 129 degrees Celsius. Ambient temperature is not a credible external initiator.

WILDLAND FIRE
The autoignition temperature of RDX is approximately 260 degrees Celsius per the material safety data
sheet. The magazine is earth-covered. No flame-front temperature analysis has been performed and no
defensible-space standoff has been established.
Screening conclusion:
Not screened. Completion requires a defined defensible-space standoff and a comparison of credible
flame-front temperature at the structure against the autoignition temperature.

6.0

Man-Made and Technological Hazards

AIRCRAFT IMPACT
Great-circle distances and bearings from the site (43.26768 N, 70.77582 W) to the nearest airports are:
Sanford Seacoast Regional Airport (KSFM), 8.5 nautical miles north-northeast; Portsmouth International
Airport at Pease (KPSM), 11.2 nautical miles south; and Portland International Jetport (KPWM), 30.6
nautical miles northeast. Distances are computed from the geocoded site address and are recomputed
from the surveyed magazine coordinates at final design. Not screened. Completion requires confirmation
of overlying airspace class and published approach and departure corridors from the current FAA
sectional chart, and an aggregate crash frequency calculation for the parcel against the TP-14
supplemental threshold.

ELECTROMAGNETIC EFFECTS (HERO AND EMI)
Hazards of electromagnetic radiation to ordnance and electromagnetic interference act on electroexplosive devices. Not screened. Completion requires written confirmation of the magazine inventory
composition, specifically the absence of electro-explosive devices and initiation trains.

_________________________________________________________________________________________________________
Page 9 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

ADJACENT EXPLOSIVES FACILITIES (RETAINED)
This item concerns explosives facilities operated by parties other than the applicant. It is retained pending
identification of any Federal explosives licensees or permittees, and any commercial magazines, within a
5-mile radius of the parcel. ATF does not publish a public roster of Federal explosives licensees and
permittees, so this information is requested from the ATF Federal Explosives Licensing Center or through
a Freedom of Information Act request, supplemented by the Maine State Fire Marshal and the Berwick
Fire Department. [ATF-FEL]

OFF-SITE CHEMICAL RELEASE (RETAINED)
Facilities handling regulated flammable or toxic substances above threshold quantities are subject to the
Risk Management Program under Clean Air Act Section 112(r). EPA withdrew public access to its Risk
Management Program query tool in May 2025, and the Facility Registry Service layer identifying those
facilities is restricted to internal EPA use, so no public federal dataset is available to identify them by
location. Off-site consequence analysis portions of a Risk Management Plan are available only at a
Federal Reading Room by appointment. The practical route to identifying hazardous materials held within
a radius of the parcel is the Tier II hazardous chemical inventory reporting filed under EPCRA Section
312 with the State Emergency Response Commission, the Local Emergency Planning Committee, and
the local fire department. That request is directed to the owner as a recommendation in Section 8 rather
than carried as an assessment data pull, because the information is released to the requesting facility
rather than obtained from a public register.

PIPELINE RUPTURE (RETAINED)
Two National Pipeline Mapping System Public Viewer extracts were obtained on August 31, 2026: a
regional view of southern York County and the adjacent New Hampshire seacoast, and a local view of the
Portland Street (Route 4) corridor between Berwick and North Berwick at a scale of 500 metres. No gas
transmission pipeline and no hazardous liquid pipeline is depicted anywhere within the local extent. The
Public Viewer legend renders only those layers present in the view; on the local extract the gas
transmission, hazardous liquid and abandoned pipeline entries are absent, consistent with no mapped
transmission pipeline within that extent. No reported gas incident or liquid accident is depicted within the
local extent. The linear corridors adjacent to the parcel on that extract are Portland Street (Route 4) and
the parallel Portland Subdivision rail line. Screens out for mapped transmission pipelines: no Potential
Impact Radius under 49 CFR 192.903 arises from a mapped transmission line at the parcel. Two
limitations are recorded. The extract does not mark the parcel, so the finding is stated for the area
mapped rather than for a defined radius about the magazine. The National Pipeline Mapping System
depicts gas transmission and hazardous liquid lines only; gas gathering and distribution systems are not
represented, so any local distribution main serving the site or the Route 4 corridor is identified separately
through the local distribution company and Dig Safe. [GAS-DIST]

HAZMAT TRANSPORTATION (ROUTE 4 AND RAIL)
Bulk hazardous materials move on Route 4 and on the adjacent Boston and Maine Corporation rail rightof-way. Not screened. Completion requires the separation distance from each corridor to the magazine
and a comparison of credible release, fire and overpressure effects at that separation. Outward
separation from these corridors is established in the facility siting analysis.

_________________________________________________________________________________________________________
Page 10 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

UTILITY DISRUPTION
Loss of utilities is not an initiating event originating outside the facility boundary and is outside the scope
of this screening.

7.0

Retained Items Requiring Data Pulls

The following items require a public-data query or a records retrieval to complete the associated
screening.
Item
Tag
Query source
Status
Neighboring explosives ATF-FEL
ATF Federal Explosives Licensing
To request
facilities
Center request or FOIA (no public
FEL roster); Maine State Fire
Marshal; Berwick Fire Department; 5mile magazine survey
Local gas distribution
GAS-DIST
Local distribution company; Dig Safe. To request
mains
NPMS does not depict gathering or
distribution systems

8.0

Summary and Key Recommendations

External flooding, pipeline rupture and temperature extremes screen out on records obtained. No other
external-event category screens out on the evidence currently in the record. Section 7 lists the
outstanding data pulls and records required to complete the remaining screenings.
Key recommendations:

+ Complete the data pulls and records requests listed in Section 7.
+ Recommend that the owner request Tier II hazardous chemical inventory information for facilities
within a 5-mile radius of the parcel from the Maine Emergency Management Agency as State
Emergency Response Commission, the York County Local Emergency Planning Committee, and the
Berwick Fire Department, and provide the results for incorporation into the off-site chemical release
screening.

+ Obtain the records identified in Sections 5 and 6 required to complete the individual screenings.
+ Re-validate the screening conclusions in this report if the magazine location, test pad location, or site
layout changes during Conditional Use review.

9.0

References

+ DDESB Technical Paper 14, Revision 4, Approved Methods and Algorithms for DoD Risk-Based
Explosives Siting, Department of Defense Explosives Safety Board, 21 July 2009. Applied in this
report as a supplemental cross-check only; see Section 3.

+ U.S. Army Corps of Engineers, Engineering and Support Center, Huntsville. Modular Storage
Magazine, Box-Type, Standard 421-80-07 (Revision 1), 26 sheets, January 2024. Supersedes
Standard 421-80-07 dated December 2011.

+ SWORD Energetics, Safety Data Sheet, RDX (Cyclotrimethylenetrinitramine), CAS 121-82-4, version
SE 1.2.1, compiled 16 March 2024.

_________________________________________________________________________________________________________
Page 11 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

External Hazards Assessment

General Biological Pilot Facility - Berwick, Maine

+ FEMA National Risk Index, Version 1.20, December 2025, distributed via OpenFEMA and the FEMA
Resilience Analysis and Planning Tool.

+ FEMA Flood Insurance Study and Flood Insurance Rate Map, York County, Maine, FIS number
23031CV000A, effective July 17, 2024. FIRM panel 23031C0545G. Town of Berwick NFIP
community number 230144. National Flood Hazard Layer FIRMette exported 31 August 2026.

+ U.S. Geological Survey, National Seismic Hazard Model and earthquake catalog.
+ Maine Geological Survey, Earthquakes in Maine.
+ Maine Climate Council, Scientific Assessment of Climate Change and Its Effects in Maine.
+ NOAA National Centers for Environmental Information, Maine State Climate Summary, Storm Events
Database, and State Climate Extremes Committee records. Maine Emergency Management Agency,
declared disasters record. Maine Public Utilities Commission, interstate natural gas pipelines serving
Maine, and Central Maine Power storm cost filings.

+ 27 CFR Part 555, Commerce in Explosives. EPA Facility Registry Service. PHMSA National Pipeline
Mapping System Public Viewer, map printed 31 August 2026.

+ Civil Consultants New England, Sheets SK1 and SK2, Sketch Plan – Conditional Use – Development
Layout, Map R72 Lot 17, 500 Portland Street (Route 4), Berwick, York County, Maine, Project No.
1935203, dated July 27, 2026, plotted August 25, 2026. Marked Revised – Not for Construction.

_________________________________________________________________________________________________________
Page 12 | August 31, 2026 | Rev. 0

Copyright ©2026 Jensen Hughes, Inc.
All Rights Reserved.

FIRST BOSTON CONSULTING
309 Old Colony Ave, South Boston MA 02127
617-901-5370

July 17, 2026
Abhi Godavarthi
Chief Executive Officer
AT Process
283 Bear Hill
Waltham MA 02451
Re: 500 Portland St, Berwick Maine
Dear Abhi Godavarthi:
On behalf of 3G’s Realty, we are pleased to submit the following Proposal to lease Industrial Space
500 Portland St, Berwick Maine.
The details of the proposal are as follows:
BUILDING ADDRESS:

500 Portland St, in its entirety and its approved impermeable
are as detailed in the approved site plan.

OWNER:

3G’s Realty LLC

TENANT:

AT Process

PROPOSED PREMISES:

The Premises shall consist of approximately 6,600 rentable
square feet within Building 1, approximately 6,600
rentable square feet within Building 4, and all approved
impermeable areas located at 500 Portland Street,
Berwick, Maine, as depicted on the approved site plan
dated April 4, 2024 (the "Approved Site Plan").

Tenant's use and occupancy shall be strictly limited to the
Premises and the approved impermeable areas shown on the
Approved Site Plan. Tenant shall not enter, use, store
materials upon, or otherwise occupy any portion of the
Property not designated as an approved impermeable area
without the prior written consent of Landlord.
Without limiting the foregoing, Tenant shall not operate or
permit the operation of automobiles, trucks, forklifts, heavy
equipment, all-terrain vehicles, or any other motorized
vehicles within the field, wooded areas, or rear portions of
the Property that are outside the approved impermeable
areas shown on the Approved Site Plan.
Tenant shall be solely responsible for any damage to the
Property resulting from Tenant's violation of this provision,
including, without limitation, damage to soils, vegetation,
drainage, grading, or other site improvements. Tenant shall
promptly repair and restore any such damage to Landlord's
reasonable satisfaction or, at Landlord's election, reimburse
Landlord for the full cost of such repairs and restoration.
DELIVERY OF THE
PREMISES:

Landlord shall deliver the building in shell condition,
complete with base electrical distribution, including but not
limited to high-bay lighting, limited common-area power,
general outlet distribution, operational overhead doors, and
base building non-use-specific fire and life safety systems,
including smoke detectors and exit signage.
The Premises shall also include one ADA-compliant
restroom and a basic lunch/break area.
Specific details regarding the condition of the Premises at
the time of delivery shall be mutually agreed upon by
Landlord and Tenant and incorporated into an addendum
attached to the Lease.
The targeted delivery date for the Premises shall be October
1, 2026, subject to all necessary municipal, state, and federal
approvals with tenants use but limited to the conditional use
approval from the town of Berwick. Any tenant necessary
licensing needed from any agency regarding their use shall
not cause delay of the lease. In no event, however, shall
delivery occur later than January 1, 2027.

INSURANCE

In light of the nature of Tenant's operations and the
associated risks, Landlord shall determine the types and
amounts of insurance reasonably required to adequately
protect both Landlord and Tenant. Tenant shall, at its sole
cost and expense, procure and maintain throughout the
Lease Term commercial general liability insurance, together
with such additional insurance coverages as Landlord may
reasonably require based upon a comprehensive assessment
of Tenant's business operations and risk exposure. All such
policies shall name Landlord, and such other parties as
Landlord may reasonably designate, as additional insureds
and shall include contractual liability coverage sufficient to
support Tenant's indemnification obligations under this
Lease.
Tenant shall indemnify, defend, and hold harmless
Landlord, its members, managers, officers, employees,
agents, successors, and assigns from and against any and all
claims, liabilities, damages, losses, costs, and expenses,
including reasonable attorneys' fees, arising out of or relating
to Tenant's use or occupancy of the Premises or Tenant's
operations, except to the extent caused by the gross
negligence or willful misconduct of Landlord.
Landlord shall maintain property insurance covering each of
Building 1 and Building 4 in an amount of not less than
per building, or such
greater amount as Landlord's insurer may reasonably
require. Tenant shall reimburse Landlord for one hundred
percent (100%) of the premiums for such property
insurance as additional rent. Such reimbursement shall be
due and payable within thirty (30) days after Tenant's receipt
of Landlord's invoice together with reasonable evidence of
the premium charged.

TAXES:

Tenant shall be responsible for one hundred percent (100%)
of all real estate taxes, assessments, betterments, and other
governmental charges levied or assessed against the Property
during the Lease Term.
Tenant shall pay all such taxes directly to the applicable
taxing authority on or before their due date if the tax bills
are issued directly to Tenant. If the tax bills are issued to or
paid by Landlord, Tenant shall reimburse Landlord for the
full amount of such taxes within thirty (30) days after receipt
of Landlord's written invoice together with a copy of the
applicable tax bill or evidence of payment

All reimbursements for real estate taxes shall be deemed
Additional Rent under this Lease, and Tenant's failure to
timely pay such amounts shall constitute a default under the
Lease, subject to any applicable notice and cure provisions.
TENANT ELECTRICITY:

Tenant’s Premises shall be sub-metered, and Tenant shall be
responsible for payment directly to the utility company.

TENANT IMPROVEMENTS:

Landlord shall provide Tenant with up to
in
tenant improvement funds to be used for base building
and/or site-specific improvements necessary to achieve code
compliance and/or complete required infrastructure
improvements associated with project approval and shall be
at landlords discretion.
Any costs exceeding this amount shall be the sole
responsibility of Tenant. If Tenant elects to have Landlord
fund any additional expansion or improvements beyond the
agreed-upon tenant improvement allowance, the base rental
rate shall be adjusted accordingly, consistent with the
methodology used to calculate the initial base rental rate, and
subject to mutual agreement between the parties.
Any expansion beyond the existing improvements, and
outside the scope of the tenant improvement allowance
described above, shall be subject to mutual agreement
between Landlord and Tenant. Any corresponding
adjustment to the base rental rate shall be calculated in
proportion to the Tenant’s then-current rental rate and lease
term.
If Tenant elects to independently fund any such
improvements, Landlord reserves the right to review and
approve all proposed improvements, such approval not to
be unreasonably withheld.

PARKING:

Tenant shall have the right to all Parking per the plan and
Tenant shall have sole discretion over use and shall maintain
code compliance with such parking.

OPTION TO EXTEND:

Provided Tenant is not in default under the Lease beyond
any applicable notice and cure period, Tenant shall have the
option to extend the Lease for one (1) additional term of
five (5) years. Tenant must exercise this option by providing
Landlord with at least twelve (12) months' prior written
notice before the expiration of the initial Lease Term.
The extension term shall be on the same terms and
conditions contained in this Lease, except that the annual
Base Rent and any other economic terms to be negotiated
shall be established at the then-current fair market rental
value for comparable properties, as mutually agreed upon by
Landlord and Tenant. If the parties are unable to agree upon
the fair market rental value, the amount shall be determined
in accordance with the dispute resolution procedure set
forth in this Lease or, if none exists, by independent
appraisal.

SUBLEASE & ASSIGNMENT:

Tenant shall have the right to sublease or assign the
Premises provided written notice from the Landlord,
according to details to be discussed in lease document. Any
sublease or sublease agreement shall not be unreasonably
withheld from tenant.

EXPANSION:

Tenant shall have the right to expand and any expansion of
building and or impermeable area shall be handled by
landlord and any costs associated with said expansion shall
be at the sole cost of tenant.

TELECOMMUNICATIONS:

Any telco services shall be the responsibility of tenant and
any work to the building shall be mutually agreed upon and
outline of work shall be delivered to Landlord in writing
prior to work being completed.

ENVIRONMENTAL
INDEMNIFICATION:

Tenant shall, at its sole cost and expense, comply with all
applicable federal, state, and local environmental laws,
regulations, permits, and ordinances governing the use,
storage, handling, transportation, treatment, and disposal of
hazardous materials, chemicals, explosives, hazardous waste,
and any other regulated substances used or generated in
connection with Tenant's operations.
Tenant shall be solely responsible for the proper handling,
storage, transportation, treatment, and disposal of all
hazardous materials, chemicals, wastes, and other regulated
substances brought onto or generated at the Premises by
Tenant or its employees, contractors, agents, invitees, or
representatives.
Any industrial accidents, spills or issues resulting in what
would commonly be referred or labeled contamination
Tenant shall notify landlord and arrange for “cleanup” if
landlord efforts are required tenant shall compensate
landlord for its efforts and cost per occasion.

Tenant shall fully indemnify, defend, and hold harmless
Landlord, its members, managers, officers, employees,
agents, successors, and assigns from and against any and all
claims, demands, liabilities, losses, damages, fines, penalties,
judgments, costs, expenses, and reasonable attorneys' fees
arising out of or relating to Tenant's use, release, discharge,
spill, migration, disposal, or presence of hazardous materials
or any violation of applicable environmental laws.
Tenant shall be solely responsible for the investigation,
containment, remediation, restoration, monitoring, and
cleanup of any spill, release, discharge, contamination,
industrial accident, fire, explosion, or other environmental
incident arising from Tenant's operations, regardless of
whether such incident occurs within or outside the Premises,
to the extent caused by Tenant or those acting on Tenant's
behalf.
Tenant shall promptly notify Landlord of any actual or
suspected release, spill, discharge, or environmental incident
and shall immediately undertake all actions required by
applicable governmental authorities to remediate the
condition. Tenant shall bear one hundred percent (100%) of
all costs and expenses associated with such response,
including, without limitation, environmental consultants,
engineers, laboratory testing, remediation contractors,
governmental oversight costs, legal fees, restoration of the
Property, and any third-party claims for personal injury,
property damage, or environmental contamination.
The obligations contained in this Section shall survive the
expiration or earlier termination of this Lease.

SECURITY DEPOSIT:

As additional security for Tenant's obligations under this
Lease, Tenant shall deliver to Landlord, on or before the
Commencement Date, (i) an irrevocable standby Letter of
Credit in the amount of
, issued by a financial institution reasonably
acceptable to Landlord, and (ii) a corporate guaranty in form
and substance reasonably acceptable to Landlord.
Provided Tenant is not in default under this Lease beyond
any applicable notice and cure period, the required amount
of the Letter of Credit shall be reduced as follows:
•

•

Upon the first (1st) anniversary of the
Commencement Date, the Letter of Credit shall be
reduced from
.
Upon the second (2nd) anniversary of the
Commencement Date, the Letter of Credit shall be
further reduced to
, where it shall
remain for the balance of the Lease Term.

Thereafter, Tenant may request a further reduction in the
amount of the Letter of Credit by providing Landlord with
current audited or other financial statements and such
additional financial information as Landlord may reasonably
request. Any further reduction shall be subject to Landlord's
sole, but commercially reasonable, review and approval of
Tenant's financial condition. Under no circumstances shall
the required amount of the Letter of Credit be reduced
below
during the Lease Term.
Any approved reduction in the Letter of Credit shall not
release or impair the continuing obligations of the corporate
guarantor unless expressly agreed to by Landlord in writing.

SIGNAGE:

TBD but not to exceed what is allowable per town
ordinance. As of now the town has approved one eight foot
by four foot sign. Tenant at its sole cost may solicit the
town for additional signage as they need.

RESTORATION:

Tenant shall be responsible for the removal its
improvements, furniture, fixtures and equipment at the end
of the lease and shall be mutually agreed upon.

ACCESS:

Tenant’s employees will have access to the Premises 24
hours per day, seven (7) days per week.

CODE COMPLIANCE:

Landlord shall keep the Base Building compliant with all
applicable laws and codes outside of tenant use. Any specific
code compliance requirement shall be the sole responsibility
of the tenant.

NON-DISTURBANCE:

Landlord shall use reasonable efforts to request a
subordination and non-disturbance agreement from current
or future mortgagees.

BROKERAGE:

In the event that a lease is consummated between both
parties for the Premises, Landlord recognizes First Boston
Consulting as the brokers of record. Landlord agrees to
compensate the brokers under separate agreement.

QUALIFYING CONDITIONS:

The purpose of this document is to memorialize certain
business points. The parties mutually acknowledge that
their agreement is qualified and that they, therefore,
contemplate the drafting and execution of a more detailed
Lease Agreement. They intend to be bound only by the
execution of such an agreement and not by this preliminary
document. This proposal is open for your consideration
two (2) weeks from the date of issue and is subject to
change or withdrawal at anytime without notice.

We look forward to your response. Please call me with any questions.
Sincerely,
Scott Kearnan
Principal
First Boston Consulting

Berwick Planning Board Policies and Procedures Proposed September 10, 2026
1. The Berwick Planning Board shall consist of seven five Regular Members and two Alternate Members. Six
Regular Members are currently appointed and may continue in their roles. The first Regular Member position
vacated after the adoption of these policies shall be converted to an Alternate Member position rather than
filled, after which the Board shall consist of five Regular Members and two Alternate Members.
2. Regular Members and Alternate Members shall be appointed by the Select Board for staggered three-year
terms. All members shall be sworn as required by law. Appointees must be legal residents of the Town of
Berwick when appointed and while serving. When there is a permanent vacancy, the Board Chair is to notify
the municipal officers who must, within 60 days of its occurrence, appoint a person to serve for the unexpired
term. When a Regular Member position is vacated, an Alternate Member shall first be asked whether they wish
to apply for the position.
3. Officers of the Planning Board shall be Chair, Vice Chair and Secretary. The Officers shall be elected for oneyear terms at the first meeting in January.
4. No official business may be conducted without a quorum present. A quorum for regular or special meetings
shall be established when four three members are in attendance. If any member has or has been declared by the
Board to have a conflict of interest, the said member shall not be counted in establishing a quorum for that
case. If only one Regular Member is absent and two Alternate Members are present, the Chairman will
designate an Alternate Member to vote. Alternate Members may be used to establish the quorum when so
authorized by the Chair. If a member has not attended all meetings when the application has been considered,
to include public hearing, if any, and has not fully familiarized him/herself with the records of meetings not
attended, that member shall not be counted in establishing a quorum. In the event a quorum is not present, the
Board members are authorized to request that the Chair reschedule the meeting to another date and adjourn the
meeting. If the date is other than a regular meeting date, the Secretary is responsible for providing adequate
notice to the Board members, municipal officials and the public.
5. All matters, other than final votes or where the Chair requests a call of roll, shall be decided by a show of
hands. During hybrid meetings with remote Board participation, a roll call vote is required. A simple majority
of the members’ voting shall be sufficient for any motion properly seconded to pass. When a motion results in
a tie vote it fails.
6. Regular meetings shall be held on the first and third Thursdays of each month unless such a day is a holiday. If
such is the case, the meeting scheduled for that day will be cancelled. No meeting will be held during the first
week of July or the third week in December unless the Board, by a majority vote, determines that such a
meeting shall be held.
7. Special meetings may be called by the Chair or in his/her absence by the Vice chair or by a majority vote of the
Planning Board.
8. No regular member shall be allowed to participate or to vote in any Board discussion or deliberation of the
Board when that member has declared, or the Board has determined that the member has a conflict of interest
in the case under discussion. The Board member may participate as a member of the public. "Conflict of
interest" means direct or indirect pecuniary interest, which includes pecuniary benefit to any member of the
person's immediate family, to his employer or the employer of any member of the person's immediate family. It
also includes a situation where the Board member, by reason of interest, is placed in a situation of temptation
to serve the member's own personal interest instead of the public's interest. Any question of whether a member

1

must be disqualified from voting on a particular matter must be decided by a majority vote of the members
present except the member who is being challenged. If a Regular Member declares him/herself temporarily
disqualified to vote on any item, the Chair shall designate an Alternate Member to vote.
9. Any member may make and second motions, including Alternate Members who have been authorized to vote
by the Chair. Notwithstanding the fact that the Chair presides over the meetings of the Board, they may make
and second motions and participate in the Board's deliberations as may the other officers of the Board.
Whenever any Regular Member is absent from a meeting, an Alternate Member shall be allowed to vote on
any decisions of the Board.
10. If anyone attending a Board meeting wishes to address the Board, they may do so with permission from and at
the direction of the Chair or a vote of a majority of the members present. The Chair may define the scope of
discussion and may decide when the speaker has stepped out of order or otherwise moved beyond the defined
parameters of the meeting. Speakers will be allotted 5 minutes to speak and will not continue past the
prescribed timeframe. At the discretion of the Chair an additional 3 minutes of time may be added to the
original five minutes if deemed necessary. No one will discuss any pending litigation. Under no circumstances
shall anyone other than Board members be allowed to question or address anyone appearing before the Board
without permission of a majority of the Board members present and all such inquiries shall be made through
the Chair.
11. The Planning & Development Department will track the attendance and will report to the Board on a quarterly
basis or as requested by the Chair. If any Board member misses 40% of the regular Planning Board meetings in
a six-month period, the Board member will be notified, and the Planning Board shall vote at their next meeting
to recommend the Select Board to declare a vacancy and to appoint a replacement.
12. Site walks are conducted by the Chair, or Vice-Chair if the Chair is not in attendance. The Board shall conduct
the site walk in one group and all questions and comments shall be directed to the Board member conducting
the site walk. The Chair will open the meeting and explain the site walk will not include any questions being
answered, as that is reserved for the Public Hearing.
13. Board members shall address their questions and comments to the Chair to be recognized and participate.
Board members should not speak directly with other Board members or the public without first being
recognized by the Chair.
14. These policies and procedures may be changed or amended by a majority vote of Board members present at a
regular meeting after the proposed changes have been read at one previous regular meeting.
15. The invalidity of any section or provision of these by-laws do not invalidate any other section or provision of
these by-laws.
Adopted by vote of the Town of BERWICK Planning Board At a regular meeting on September 10, 2026.

______________________________________________

Nichole Fecteau, Chair

2

DRAFT FOR DISCUSSION PURPOSES ONLY

Data Center
Article II -- Add the following definition to Section 2.2:
Data Center: A facility used primarily for the storage, management, processing, and
transmission of digital data, housing networked computer systems, servers, and associated
support infrastructure including but not limited to cooling systems, backup power generators,
uninterruptible power supply (UPS) systems, and electrical switchgear. A data center does not
include a standard office building or professional office in which computers are incidental to
another primary use.
Article VI -- Land Use Table, Section 6.2:
Add the following row under the INDUSTRIAL category:

Data
Center

R1

R2

R3

V/C

RC/I

AP

LR

SC/I

RP

SP

X

X

X

X

C*

X

X

X

X

X

Article VIII -- Add the following as Section 8.39:
8.39 Data Centers
A. Purpose. These standards are intended to ensure that data center facilities are developed in a
manner that protects neighboring properties from off-site noise and visual impacts; that
infrastructure capacity is confirmed prior to approval; and that the facility is compatible with the
character of the district in which it is located.
B. Applicability. These standards apply to any Data Center as defined in Section 2.2 of this
ordinance. All data center applications require Conditional Use approval and Site Plan Review
by the Planning Board.
C. Setbacks and Screening.
1. All buildings, structures, mechanical equipment, and accessory structures shall be set
back a minimum of 1,000 feet from any property line abutting a residential use or lot in a
residential district.
2. All mechanical equipment, including cooling systems, generators, and electrical
switchgear, that cannot be located out of sight of any public right-of-way or abutting
property shall be screened. Screening shall consist of a combination of landscaped berms,

evergreen plantings, solid fencing, or architectural barriers that achieve year-round visual
screening of such equipment to a height at or above the top of the equipment being
screened. Screening materials and design shall be reviewed by the Planning Board for
compatibility with the site and surrounding uses.
3. Existing natural vegetation shall be preserved to the maximum extent practicable. The
Planning Board may require supplemental plantings to meet screening requirements
where existing vegetation is insufficient.
D. Noise.
1. The applicant shall submit a noise study prepared by a qualified acoustical engineer as
part of the site plan review application. The noise study shall identify all anticipated
noise-generating components of the facility, including but not limited to cooling
equipment, generators, and electrical systems, and shall demonstrate that projected noise
levels at all property boundaries comply with Section 7.6.
E. Water Use.
1. The applicant shall provide a water use analysis demonstrating that the proposed facility's
water consumption will not adversely affect municipal water supply capacity, private well
yield in the area, or downstream water resources. The applicant shall obtain confirmation
from the applicable water supplier that adequate water capacity exists to serve the
proposed use, and such confirmation shall be submitted to the Planning Board prior to
approval.
2. Where the facility is to be served in whole or in part by an on-site well, the applicant
shall conduct a 72-hour continuous pumping drawdown test on the proposed water
source, performed by a Maine-licensed geologist or licensed professional engineer with
hydrogeologic experience, in accordance with generally accepted well testing standards.
The test results, including drawdown and recovery data, shall be submitted to the
Planning Board as part of the site plan review application. The Planning Board shall refer
the test results to the Town's engineering consultant or a qualified hydrogeologist for
review. If the test results demonstrate that the water source cannot sustain the facility's
proposed withdrawal rate without unreasonable adverse impact on neighboring wells or
water resources, the Planning Board shall deny the application or condition approval on a
reduced withdrawal rate, alternative water source, or other mitigation measures
acceptable to the Board.
F. Power Infrastructure.
1. The applicant shall submit documentation from the applicable electric utility confirming
that adequate electrical capacity exists or will be provided to serve the proposed facility,

and that the proposed connection will not adversely affect service to existing customers.
Such confirmation shall be submitted prior to final Planning Board approval.
2. Emergency backup generators shall meet all applicable DEP air emission standards. The
applicant shall provide documentation of compliance with any required air emission
permits or registration requirements.
G. Architecture and Visual Character.
1. Accessory and ancillary structures, whether attached or detached, shall be designed with
materials and finishes compatible with the primary building and shall not be visually
inconsistent with the character of the surrounding area.
2. Mechanical equipment and utility connections shall be located to minimize visibility
from public rights-of-way and abutting properties.
H. Performance Guarantee. The applicant shall provide a performance guarantee in accordance
with Section 9.8.K to ensure completion of all required site improvements, screening, and
stormwater facilities.
I. Decommissioning or Repurposing
1. Purpose. This subsection ensures that a data center site does not remain vacant, unusable,
or contaminated at the end of the facility's useful life, and that the cost of removing the
facility or converting it to another use is secured in advance and does not fall to the
Town.
2. Plan Required. As part of the conditional use and site plan review application, the
applicant shall submit a plan for Planning Board approval providing for removal of the
facility, and separately identifying which elements would remain in place if the site were
converted to another allowed use. The plan shall provide for:
a. Removal of all buildings, structures, foundations, slabs, equipment pads, generators, fuel
storage tanks, transformers, switchgear, cabling, servers, and associated equipment.
b. Removal and lawful disposal or recycling of all electronic waste, batteries, hazardous
materials and waste, petroleum products, refrigerants, and dielectric fluids, identifying the
intended disposal or recycling facilities.
c. Removal of access roads, parking areas, security fencing, and above ground utility
connections, unless the Planning Board finds a specific improvement should remain to serve a
subsequent allowed use.
d. Any soil or groundwater testing and cleanup required by the Maine Department of
Environmental Protection arising from backup generators, fuel storage, or other on site sources.
e. Regrading, loaming, seeding, and revegetation of all disturbed areas.

f. An itemized cost estimate for the above, prepared by a Maine licensed professional engineer,
stated in current dollars and calculated without deduction for salvage value.
3. Financial Assurance. Prior to issuance of a building permit, the owner shall provide a
guarantee in an amount and form acceptable to the Town Manager as Escrow Agent or
designee sufficient to pay the full cost of removal and site restoration under the approved
plan. This guarantee is separate from and in addition to the performance guarantee
required under subsection H. It shall remain in full force and shall not be released,
reduced, or allowed to lapse while the facility remains on the site. The owner shall update
the cost estimate every five years at the owner's expense and adjust the guarantee
accordingly for inflation and for any change in the facility. Failure to update the estimate
or increase the guarantee is a violation of this ordinance.
4. Election to Repurpose. In place of removal, the owner may satisfy this subsection by
converting the site to another use allowed in the district, which shall obtain all approvals
otherwise required by this ordinance. Conversion does not relieve the owner of
paragraphs 2.b and 2.d, which shall be completed in all cases.
5. Abandonment. A data center not operated for a continuous period of 12 months shall be
considered abandoned. The Code Enforcement Officer shall notify the owner in writing
and order decommissioning. The owner shall have 30 days from receipt to demonstrate to
the Code Enforcement Officer that the facility has not been abandoned. If the owner fails
to make that showing, the owner shall complete removal, or complete conversion under
paragraph 4, within 12 months of the date of the notice. If neither is completed within
that time, the Town may enter the property, complete the removal and remediation, and
draw upon the guarantee. Any cost above the guarantee shall be paid by the owner and
may be recovered by the Town as provided by law.
6. Successors and Release. The obligations of this subsection run with the land and bind any
successor owner or operator. No transfer shall relieve the transferring owner until the
successor provides a replacement guarantee in the required amount acceptable to the
Town Manager as Escrow Agent or designee. The owner may request the release of the
guarantee upon completion of removal or conversion to the Town Manager's satisfaction
as Escrow Agent or designee, and upon submission of documentation of lawful disposal
or recycling of all hazardous materials and electronic waste, and any required Department
of Environmental Protection sign-off.