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MEETING PACKET JANUARY 2010 C1TY' 0F SALE M, NLAsS.AC.[I US ETTS BOARD Hj*.vv-"rj-i 120 WASHINGI ON STREF-,T,4"'FLOOR Tm- (978)741-1800 K-IMBERI-1 Y DRISCOIL F,\x(978) 745-0343 MAYOR D(',RF.1-',NBAUN1 a SALF.M.CON1 NOTICE OF MEETING You are hereby notified that the Salem: Board of Health 411 hold its regularly scheduled meeting on Tuesday, January 12, 2010 at 7.00 PM at City Hall Annex, 120 Washington St. Room 311 MEETING AGENDA 1. Call to order 2. Approval of Minutes from Dec 8 &15,2009 3. Chairperson Announcements 4. Public Health Announcements/Reports/Updates 5. Review and signing of the final draft of the transfer station conditions 6. Projects waiting for comments from the Board: a. Definitive Subdivision Plan Comments Applicant: Shallop Landing at Collins Cove Partnership LLC Project Name &Address: Land between Szetela Lane and Fort Ave Contact Person: Attorney John Keilty, 978-531-7900 b. Definitive Subdivision Plan Comments Applicant: Paul Ferragaino Project Name &Address: 405-427 Highland Ave Contact Person: Attorney George Atkins, 978-744-0350 7. Miscellaneous 8. Adjournment Next regularly scheAuled meeting is February 9, 2010 at 7pin at City Hall Annex., 120 Wa h kngtoi eutmRoom 311 David ree a scow Acting Health Agent TMO -Mk e- ,,,asm I , cc. Mayor Kimberley Driscoll Board of Health City Councilors CITY OF SALEM BOARD OF HEALTH SPECIAL MEETING MINUTES December 15, 2009 • DRAFT MEMBERS PRESENT: Barbara Poremba Chairperson, Marc Salinas, Martin Fair, Larissa Lucas, Noreen Casey Kemith LeBlanc & Gayle Sullivan OTHERS PRESENT: David Greenbaum, Acting Health Agent, Councillor Liaison Stephen Pinto and Heather Lyons, Clerk of the Board EXCUSED: Tracy Giarla, Public Health Nurse TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair; at 7:00 PM. 2. Flu Clinic Dr. Larisa Lucas suggested that the entire board receive weekly updates on the Updates HINT including vaccine allotments and flu clinics. All agreed. David Greenbaum updated the Board on the H1N1 clinics 3. Transfer Station Motion: to approve or deny the site assignment with conditions. Conditions A discussion followed. (Continued) Board members agreed that they would review all conditions prior to voting. Motion withdrawn • Draft conditions discussed. (Final Draft of Conditions attached) 1. Traffic Lights: There was a discussion about a traffic light condition made by the Planning Board when the Fafford Condominiums were built. It was believed to have been at First Street and Swampscott Road. However, no record has been found to support this. Beth Rennard stated that the City Council can add a traffic light condition when this site assignment comes before them. 2. Trucks leaving the Transfer Station: Board lifted restrictions on trucks leaving the transfer station. All trucks may turn left or right turn onto Swampscott Road and to take a left or right turn onto Highland Avenue. The only restriction would be for transfer station trucks to avoid First Street. 3. Traffic Study: NS Carting shall conduct a traffic study at the intersection of First Street and Swampscott Road to determine if traffic signals are required and that the study is peer reviewed by a consult of the board's choice. If warranted NS Carting shall design, permit and fund up to $200,000 towards the traffic light construction. 4. Tonnage: • There was a discussion on the tonnage. Both Marc Salinas and Noreen Casey do not agree that the tonnage should not be as large as 400 tons. Noreen proposed that it be limited to 200 tons per day due to the size of the transfer station building and to limit the amount of traffic increase to that area. Martin fair stated that lowering the tonnage might not be economically viable. Mr. Murphy, the engineer for the board stated that the facility size was adequate for the tonnage proposed and that there was no significant degrading in traffic. 5. Waste left overnight: There was a discussion on waste being left over night outside of the building. No solid waste will be left overnight outside of the facility. However, up to 1 truck with construction debris may be left overnight covered if it is not possible to remove it on that day. It was agreed that this would be more of an exception rather than a rule. 6. 1 Dipietro Ave: There was a discussion regarding the deed to 1 DiPietro Avenue. Kemith LeBlanc requested that the deed to the property state that as long as the transfer station is in operation the property shall not be sold for residential purposes. Board members agreed. 7. Household Hazardous Waste Day: It was suggested that HHWD be held at the transfer station. The board decided that it would be better to continue to hold this at the High School because of the amount of traffic that it would generate. 8. Consequences for not following assigned conditions: There was a discussion on fines for violations of conditions. The board will have the authority to apply a number of penalties including shutting down transfer station operations. Any change in the conditions of this site assignment or non-compliance of the conditions by the applicant could be cause to initiate a public hearing on the site assignment. 9. Future changes in conditions: Any change in the conditions of the site assignment would require a public hearing. • Motion: to approve the minor modification of the site assignment from 100-400 tons per day subject to final draft of conditions to be presented in writing at the next meeting. Discussion: Marc Salinas has concerns about voting for conditions without having a final draft in front of the board. Atty. Whittaker stated that the final draft will be presented at the next meeting and that the wording can be changed and approved before signing of the conditions. Marc Salinas also has concerns about the possible traffic issue once this facility opens. He also has concerns about the facility being able to handle 400 tons a day effectively. These concerns were addressed in the conditions. Marc Salinas was also concerned that the board has not received a final draft of the design plans for the facility. Final design plans are not available at the approval stage but all will be overseen by the independent overseer selected by the board and paid for by the applicant. Vote on motion: 4 in favor, 2 apposed (Chairperson reserved the right not to cast a vote) Motion caries. • 4. Meeting 10:00 PM Adjourned Respectfully submitted, • Heather Lyons Clerk of the Board Next regularly scheduled meeting is Tuesday, February 12, 2010 at 7pm at City Hall Annex, 120 Washington Street,Room 311 Salem. • CITY OF SALEM BOARD OF HEALTH MEETING MINUTES December 8, 2009 • DRAFT MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Marc Salinas, Martin Fair, Dr. Larissa Lucas, Noreen Casey, Kemith Leblanc &Gayle Sullivan OTHERS PRESENT: David Greenbaum,Acting Health Agent; Councillor Liaison Stephen Pinto; David Murphy,Engineer from Tighe&Bond; Beth Rennard, City Solicitor; Bill Thompson, North Side Carting Representative; Atty. Ken Whittaker, Hearing Officer; TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:09pm. 2. Minutes of Last Unanimously approved. Meeting (Nov 10, 2009) 3. Public Health Agents, Nurses and Administrative Reports accepted and submitted into the record Announcements/ (see attached). Reports/Updates 4. Transfer Station Proposed conditions discussed: Conditions 1. Operations will be inside the closed facility. 2. NSC will provide a drop-off for recycling of cans &bottles. All money received will be donated to schools as agreed by NSC. 3. Hours of Operation 7-5 Monday to Friday and Saturday 7-10. The additional hours of 10-1 on Saturday will be for Salem Residents only. 4. Maximum monthly tonnages in municipal/commercial solid waste will be a maximum of 230 vehicle trips into or out of the facility per month 5. Traffic/tonnage. Marc Salinas stated that the board should discuss whether or not we will approve or deny or approve the applications with conditions. Gayle Sullivan agrees. Barbara Poremba stated that these are proposed conditions to approving the application. Board agrees to continue reviewing conditions. Noreen Casey states that tonnage should be lower. David Murphy explains to the board that the size of the facility can handle the tonnage requested by the applicant. Internally the facility can handle the amount of. traffic. Externally the intersections are already degraded. The traffic studies show • that there is not a sufficient increase in traffic volume to cause a major impact to the traffic in those areas or further degrading of the intersection. Larissa Lucas states that the traffic issue should not be a concern for the Board of Health due to the amount of industry in the area already and that there will be more construction happening in the future in that area. No resolution is reached on this condition. The Board agrees to revisit these conditions and to move on to others. 6. Facility will have the correct amount of employees on staff during working hours. • 7. A valid 24/7 phone number for operating and non operating hours in English and Spanish will be available and posted. 8. Daily street sweeping on site. 9. Routine litter control from First Street to Highland Avenue. 10. Develop and provide facility maintenance schedule. 11. Develop and provide emergency response plan contingent to the mass contingency plan. 12. Notify BOH and DEP of emergency event within 24 hrs. Report should be done within 14 days of event. 13. Doorways shall be closed at all times unless loading and unloading is happening. 14. Visual physical and structural grounds will stay in good condition. Landscaping plans will be submitted to the board for approval. 15. Damages will be repaired within an allotted amount of time. NSC must notify the BOH of any significant damage that compromises production. 16. Post anti-idling signs and monitor time of trucks idling. Atty. Mackey representing NS Carting- The board can modify, suspend or revoke permits do to violations of conditions. To do this, a public hearing must be held. Does not need to be listed as present 17. All solid waste will not be handle outside facility Discussion of types of solid waste—Only one truck full of construction material will be allowed overnight do to extreme conditions and must be covered. 18. Traffic will be control so there will be little to no back-up outside of facility 19. On site vehicles will be retrofitted for reductions of emissions that meet MA - emission requirements 20. Transfer vehicles- retrofitted for reductions of emissions—that meet emission requirements 21. On road vehicles will use only ultra low sulfur diesel fuel 22. Braking systems. Use of engine compression brakes is prohibited. Signs will be posted stating that the Salem Board of Health prohibits the use of J brakes by any trucks used within one mile of facility. 23. Storm water will follow state & local guidelines. Prevention plans will be provided to the Salem Board of Health 24. Minimum of 3 spill containers on site at all times. 25. The facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commenced a noise evaluation within 180 days of start up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of start up of the Facility. The noise evaluation shall demonstrate that the increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels. If dBA levels exceed a 5 dBA increase the Facility shall install noise attenuation features to reduce the increase to below a 5 dBA • increase within 330 days of startup of the Facility. Discussion of hiring a contractor to conduct these studies selected by the board and paid by the operator of the facility—plan with in 30 days and 60 days to install with DEP approval. 26. All free draining liquids within the Facility shall be collected and stored within an on site water "tight tank", which is to permitted through the Salem Board of health and approved by the Massachusetts Department of Environmental Protection. • 27. Facility must contract with pest control management for inspection of site for rodents,birds etc. 28. Facility should have air handling system for controlling odors in facility. If any malfunction happens that lasts for 48 hrs the Salem BOH will be notified and remediation plans will be provided and approved by the BOH. 29. Facility shall contain a dust and odor control system at all times during operating hours and as needed after operating hours. A misting deodorizing system will be used that is a masking agent and has no odor. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 31. Protocol for emissions testing will be done at the stack it self by an independent contractor hired by the BOH and reimbursed by the facility operator. 32. The Facility shall develop and incorporate in to the Operations and Maintenance plan fugitive dust/odor control protocols during the periods when the Facility doors are opened 33. All vehicles containing waste that enter or exit the Facility must be covered with a canvass, tarpaulin or other equivalent method to prevent waste from blowing of falling off vehicles. All empty departing vehicles that delivered • waste to the Facility must not allow residual waste material from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 34. Exterior of waste vehicle will be cleaned as needed 35. Facility trucks must turn left onto Swampscott Road. No facility trucks will be able to use First Street. All large vehicles must use the southernmost exit. 36. Closing documents for 1 Dipietro Avenue. Has been purchased by applicant and is no longer residential. 37. Authorize representative of the BOH shall have the right to perform unscheduled inspections. 38. All correspondence to the DEP will be cc'd to the BOH. 39. Traffic improvements recommended on pages 28-30 of the December 2007 Traffic Impact and Assessment Study by Vanasse &Associates Inc. is herein incorporated as a condition of this site assignment. These conditions generally include: a.)traffic signal retiming and lane use restriping. b) retiming of the study area signalized intersections as an improvement measure to optimize traffic signal operations. c) Pavement marking modifications at the intersection of Swampscott Road and Highland Avenue. d) Convert the Swampscott Road northbound roadway movement from one exclusive left turn-lane and one right-turn lane to one shared left-turn/right-turn lane and one exclusive right-turn lane. In addition, signal heads and timings shall be modified if necessary to accommodate any lane reconfigurations • 40. The proponent shall provide an independent assessment of the traffic generation trips within six months of the facility being fully operation. The independent monitoring program shall count the site generated traffic for at least three days to be compared to the projections. If the operation rates are higher than projected, the independent assessment shall provide an assessment . iofthe traffic impacts and recommend additional mitigation to the Salem BOH. Martin Fair asks if we can request an extension of the time limit requirement from the applicant. Discussion of continuing meeting or adjourning. . Motion to continue discussion of conditions to Dec 15th at 7 PM. 5 in favor, 1 opposed. Motion passes. 5. MEETING 10:35 p.m. ADJOURNED: Respectfully submitted, Heather Lyons Clerk of the Board Next meeting is December 15, 2009 at 7pm At City Hall Annex, 120 Washington Street,Room 31, Salem. • • • Administration Monthly Report December-09 Burial Permits @$25.00 $1,075.00 Permits $25,271.40 Certificate of Fitness@$50.00 $2,800.00 Copies $0.00 Fines= $0.00 Total Monies Collected = $29,146.40 Animal Bites Reported= 0 Annual Budget Expended Available Balance Salary/Longevity $356,823.00 $147,827.78 $204,216.43 Annual Budget Non-Personnel $21,200.00 $5,175.09 $11,246.12 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4...FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR DGRF.FiM3AUM(l,SAI..FM.COM DAvID GREr;NBAUM Public Health Nurse Report ACTING HEM T1-I AGENT December 2009 Activities Disease Prevention In contact with North Shore Pulmonary Clinic regarding active cases and case contacts. • Investigated communicable disease cases and reported to the MDPH. Meetings/Clinics • DOT Monday through Friday for one active TB cases. Attended the NSCAEP meeting at the Peabody DPW. Attended Monthly North Shore Public Health Nurses meeting to discuss H1 N1 plans. Participated in one MDPH telephone conference call between local health and MDPH • • Preparation for all December H1 N1 Clinics December H1 N1 Clinics for Salem Residents The Salem Board of Health held the following Clinics: 12/9/09 968 residents were vaccinated at Salem High School. 1 2/10/09 69 residents were vaccinated at Salem Mission. 12/17/09 664 residents were vaccinated at Bentley Elementary School. 12/28/09- 11 Fire Department employees were vaccinated. 12/29/09 23 Police Department employees were vaccinated. 12/29/09 5 Office visits. Redistributed to the Community Providers: 80 injectable doses and 30 flu mist to NS Community Health Center. 10 injectable doses were distributed to Anne Kelly Salem Mission. • MONTHLY REPORT OF COMMUNICABLE DISEASES DECEMBER 2009 DISEASE NEW CARRY OVER DISCHARGED REPORTED CAMPYLOBACTER O O O 0 GIARDIA O O O 0 H11\11 O 0 O 0 LYME O O O 0 PERTUSSIS O O O 0 SALMONELLA O 0 0 0 • TUBERCULOSIS 1 1 2 0 VARICELLA O O O 0 Tuberculosis: One carry over cases are seen at private physicians office DOT for one case. I Conditions of Approval For the Minor Modification to the Site Assignment • By The Salem Board of Health These Conditions shall be strictly enforced, and violations of them shall be grounds for the impositions of fines,temporary shut downs,or rescission of this site assignment and,closure of the facility. o III' 1. With the exception of the residential drop-off area;the facility shall be completely enclosed with all transfer operations occurring within the buildingU,CMO 'e. 2. Hours of operation shall be between 7:00 A146d 5.00 PM,Mbnday through Friday and 7:00 AM to 10:00 AM on Saturday for Commercof users and 7:00 � e to 1:00 PM on Saturday for residential users,excluding the holidays l�►' te1d in NCI's existing 1`e g�with the City of Salem.The residential drop off facility shall be open to the public dui g all opera tng, ours. 3. The Facilit shall accept a maximum annuall tonnageof 124,800 tons/year of Municipal Solid Waste(MSW),Commercial Solid Wastes,.(CSW)and Construction Demolition Debris(C&D),with a daily average of 400 ton ay an a�mavEmum of 500 tons(day.The maximum number of vehicles I��r� . spy entering the transfer station facility�(not includingpresident al vehicles access to the leaf and yard T 11110, Ili llicSi. gtft waste and recyclable drop ff facility)�on an ne give day shall not exceed 115. 4. The Facility O etalor shall r►ploy a s dient number of employees to properly monitor the operationsSagnd cons' load spections m lt�nformity with the applicable local, state and federal regul tic tt �� 1( Filit O at' shal111�t Maintain `�24 hour-7 day per week emergency hone number 5. Tl 1 ac Y P a tw �`I x , 1 Y P g Y P coil, cuously displ � at the cility for emergency conditions during both operating and non- opera(ig hours,poste" both Ehgih and Spanish. , 6. The Facility�O;perator shall onduct daily street sweeping of all paved surfaces on the site. 7. The Facility OpIL!rkmor A'd ll conduct routine litter control/policing and street sweeping along '� d l , - Deleted:Road Swampscott Road from,.ithe intersection of Highland ve to First Street, as necessary, and at a minimum semi-monthly. 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response actions to be taken in each situation: a. Fire protection Page 1 of 6 • b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan(21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility • 10. The Facility shall notify the Salem Board of Health and the Department of Environmental Protection of any emergency event within 24 hours of the event and provide a follow-up written report within 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. ii�lg 12. The visual,physical and structural condition of the F�c tty and grounds shall be maintained in good condition at all times. The Facility Operator s3liq Is�t�iniiijkJandscaping plan to the Salem Board of Health for review and approval and shall co Iglthe landsc ing plantings prior to facility startup 11 , 13. The Facility Operator shall be required to� romptly repair any lsignificant building damage that compromises the performance or ability of the Facility to contain fugitive dust,noise or odors and provide a follow-up written report within 14 ca endar da}'slof the event # 6�1 tr i 14. The Facility Operator shall post, ° i-Idling signsla idperiodically moni and control the idling 1� V 4,. Wit, times of all diesel vehicles enterin ex tmg,or queuingion site at any time in conformance with the applicable local,state or federal r�Ia ations; ecificall`yi3`�0 CMR 7.11. ,�pfill ' 15. Except for the oc4 S�aQn (jone busin day stoFagetc oneT&D Debris covered container, and the # 1 *1 R1;j ! (Y� 1 i 1t Fax leaf yard wastend recyclables drop off acuity, no waste may be handled or stored outside the enclosed receiving acility. li 5 .. 16. Vehicrjarl;traffic entetingl dti eXititig3.the Facility shall be controlled to prevent the queuing of I, OM M111;9 !. ) « 1Isti11� „ i=fir vehiclesibeyondk or outside fhe fencflihe ofithe Facility. Vehicles will not be allowed to queue , on any City stree S iizcluding$wampscottltoad. 17. On-si e Zghicles owned,1.6 erated and otherwise controlled by the Facility Operator, which may include 1toot be limit1,� to, rolling on-site equipment, shall be retrofitted with after-market • emission co�tioI+kits that further reduce vehicle emissions. Any new vehicles acquired for use at the site wile equippedith emissions controls that meet all current state and federal emissions requirements. 1 , 1 18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after-market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on-road vehicles,packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If Page 2 of 6 repeated violations are brought to the attention of the Facility Operator by the City, such violators will be prohibited by Facility Operator from future use of the Facility. 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict • conformity with local,state and federal storm water requirements. 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels,oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation within,J80 days of start-up of the Facility. The noise evaluation study must be submitted to the Sale 6Ard of Health within 240 days of startup of the Facility. The noise evaluation shall demon strain that increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase a ove, ackground levels. If dBA levels exceed a 5 dBA increase,the Facility shall install noe atnuatio►"futures to reduce the increase to below a 5 dBA increase within 330 days of startup;o �tlie Facility. t The study shall include baseline and noisemonitoring measurem21.�'at up to three locations,closest j to sensitive receptors. Every attempt shouldbe made toconduct they updated baseline and source compliance testing within as close a period'lofltime'las�practicable 'These nearest residential S3 Y receptors would include LocatiMs ggF, G, and/or Fused in the original sound study conducted in 2008. Sound testing will be 1 hour jnl ufa ion at eaclallocation. The sound level metric used for the comparison will be the L90 as defy' d i 1t hh''c MA DEPoise Policy 90-001. If the testing shows t �ktt1 that background sound.levels are lower than t7�ose1 in the2008 study, then compliance will be �I� Ix§% ff -1 it „ # Si {# deemed to be achietfl e Project-o ly so}Cndfv I are n higher than those modeled in Table w€� t11� l f� ►� r ?�, 5 of the Marchl2 t 2'008 sou study repoiLas long the1Nvise Policy is still achieved. The cost for such study shall oVgxceed$ j) ;0. 1 ( 1 �t !�1A ,Et ��[x, (�� �j 24. All free dtain ng liq W I h►xi thVFacility�sllall be collected and stored within an on site water «• a� +s y �., r t,, , Mgt taghj tank';l(t4gh is talb permitted ffiroughIthe Salem Board of Health and approved by the Naas achusetts Department ofi nvironmentalTrotection. 25. Prior t commencemenigf operatoo s,.the Facility must contract with a Massachusetts licensed • professi gal",pest control PtIAnagem ittl firm and provide the Salem Board of Health with a copy of the execute 1,,Pbontract. Thee contracted services shall include, but not be limited to, inspecting the site for vermig uch as bird !rats,and insects on a semi-monthly basis,(24 times per year)and the �* > err- findings presentedlin alwrrtien report, which shall be forwarded to the Salem Board of Health. ioj�qaimll Appropriate and timely mitigation measures shall be undertaken in the event vennin are identified at the Facility. 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non-working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. The Facility operator shall notify the Board in writing if the misting system ventilation system or any tipping floor door is out Page 3 of 6 • of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such event and shall include the reason for the equipment being out of service,the repairs required and the expected time to put the equipment back in service. In such event, the Facility Operator shall promptly place such equipment back into service and at a minimum comply with the following • additional conditions: Doors: The Facility Operator shall keep out of service doors closed until repaired; Ventilation System:The Facility Operator shall increase the flow through the misting system during periods when the ventilation system is out of service.The Facility Operator shall put the ventilation system back in service within 36 hours of the notice to the B, ard. If the ventilation system is not put S4I{ back in service within 36 hours all incoming waste shalllb6guspended until the ventilation system is back in service. 01 MistingSystem: The Facility Operator shall use other methods of watering down the waste such as hand held hoses when the misting systemis�out of service!ihe Facility Operator shall put the misting system back in service within 3MOUrs of the notice to tl e'�oard. If the misting system is not put back in service within 36 hoursi14,11 i coming waste shall.>je suspended until the misting system is back in service. 1 sll � j l 27. The Facility air handling systeiij(sj shall be operated in such a manner as to render the Facility in conformity with all applicable lolep"tsiate and federafr'quirements. 28. The Facility shall employ odor neutralizing agents in�the msting system to effectively neutralize any odors exitin t �llttildg. . l� I � 1 ► ► l 29. The Facility sh�ll f nd andependentl�fied consultant selected and managed by the Salem Board of Health to lsubmit a p0lotocol for emission testing of the proposed stack to the Salem Board of H alth W hin 12�Old�ay � sc�l�ty startlup to measure emissions of fine (PMZ.S) and coarse �(111 P "k it - €xa lw 2� 1 (P�la!,par�cutale after using USERA approved methods. The actual stack emission test shall be c¢ntiucted by the lindependentl ualified consultant not later than 180 days after Facility start up. A � � l� r l�� wr�t� report of the envisions tt�ting results shall be submitted by independent qualified consultant to the'°card not later than 210 days;after the Facility start up. If the report does not demonstrate • that the�apt�al stack emus ions (lb%l°t?multiplied by the maximum hours of operation are not less than one toner year, than,within 30 days apply to the MassDEP for an Air Plan Approval, including a Besl�lQvailablWbontrol Technology (BACT) analysis and air dispersion modeling to demonstrate com llancejwth all applicable air quality standards. The application and Air Plan Approval shall bekeop;ytl Ito the Salem Board of Health. The study shall include stack emissions testing during active transfer station operations with the ventilation system in normal operation.The cost for such stack testing shall not exceed$7,500. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas,tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste materials from Page 4 of 6 • i becominga nuisance condition. All potentially odiferous materials shall be delivered in sealed P Y containers. 32. The exterior of all waste vehicles,whether delivering or transporting waste from the Facility, shall • be kept clean and free of litter and debris. 33. The truck route for all(100%)of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exit and turn left. No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. �It 34. Closing documents for the Residential property at OncOPietro Avenue, demonstrating that the Facility Operator has purchased and recorded sairil pA`rchase at the registry of deeds shall be submitted to the Board prior to Facility start up., he, eed all note that for as long as the transfer station is in existence and operational thait e pi i'roperty all never be used as an occupied residential dwelling, a licensed day care .-1c' , prison, heath care facility, elementary school, middle school or high school, children's pr°e'school, or senior center or youth center, excluding equipment storage or maintenance structure�� 35. An authorized representative of=the City of S leYh Bba d of Health sl lli!,I ave the right to perform �l 11111( . . t� unscheduled inspections of th�c ';gcility during operating hours or at any other time deemed appropriate by the Salem Board tof ealth for the purposes of confirming compliance with the final approved conditions. l � 1��a £. 36. All corresponde C 1, -00ted to thel assDE s 1 be c pied to the Salem Board of Health, a �I �.� tr � tx �tr-rl �� llt,. including but not'Iimited toy ports,correspgt(ence,records,notices,contracts,agreements,permit qj ln, t� # a� t � modifications,an, 'change in 0 erators/oWAership till 37. The Facili , erat r s��all{{'11 vtd' an independent ent assessment of the traffic generation trips within � �kI'll a 1. 0', .4si, "1 six ".on"8�of�f Eacilit Seing fully-op6rat oral. The independent monitoring program shall count t'e1sil1 generated traffic for�at least three days for comparison with the projections discussed at the t # �tne�>> Noviber 24, 2 Iciontinuarof the public hearing. If the operation rates are higher than projeAii the indepe' assA&ent shall provide an assessment of the traffic impacts and UM recommetdditional mi1i ation measures to the Salem BOH. 38. Traffic impro'e�tf nts recb ended on Pages 28-30 of the December 2007 Traffic Impact and Assessment Stud yy an se & Associates Inc. is herein incorporated as a condition of this site assignment. TheseE " t itions generally include: a.)traffic signal retiming and lane use re-striping; b.) re-timing of the study area signalized intersections as an improvement measure to optimize traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott Road and Highland Ave; d) other operational improvements that may be warranted. The Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. 39. The Facility Operator shall pay the actual expenses up to$20,000 per year(adjusted annually on the anniversary of this agreement by the Brockton Boston Nashua CPI-U) into a revolving fund controlled by the Board to hire a qualified environmental scientist or engineer to inspect the construction and operations at the facility, to review the records of operation and to evaluate Page 5 of 6 • compliance with local state and federal laws and regulations and with the terms and conditions of all environmental permits inclusive of this site assignment. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with the allowable ambient levels to particulate matter known as PM2.5 and PMio, noise levels at • sensitive receptors, traffic counts or other measurements as deemed appropriate. The City will provide the Facility Operator with copies of all results of such inspections and measurements within ten(10)business days of receipt. 40. The Facility Operator shall study the First Street and Swampscott Road intersection to determine if a traffic signal is warranted. The study shall also examine the lights at Traders Way and Highland Ave.The Facility Operator shall fund an independent qualified consultant selected and managed by the Salem Board of Health to peer review the study,l tfhe traffic signal is warranted at the First Street and Swampscott Road then the Facility Ope ra!Q ijl1all design,and permit the new signals and also fund up to$200,000 to construct the new sig alsf +lli : 1 . 41. The conditions of this permit are bindingo the Facility Operator,and any of its heirs, successors, assigns,agents or employees. 42. The Facility Operator shall comply witlg the Un tea States Department of Transportation requirements governing screening of truck dri,'erl�� ���check the driving records and perform random drug testing on the Fa�J y'Operators was c,haulers. l Page 6 of 6 • ' CITY OF SALEM. MASSAC.HUSETTS Bo-t1RD{)I FI7,a1L'I'f I • 120 WASITINGTON STR Lr,4'"FLOOR Tu. (978)741-1800 luN113Elu rY DRISCOLL Riux(978)745-0343 MAYOR DAvrl)Gl I-TNa,wnl .Ac.rING 14i ALTi i Acrv'r January 6, 2010 Re: 405-427 Highland Avenue, Salem, MA Atty. George Atkins 59 Federal Street Salem, MA 01970 Dear Atty.Atkins: The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion of the plans for 405-427 Highland Avenue. The meeting will be held Tuesday, January 12, 2010 at City Hall Annex, 120 Washington Street P floor conference room. • If you have any questions, contact me at 978-741-1800. Sincerely, For the Boar of Health avid G eenh'baum,`Acting Health Agent DG/HL cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members • • '' CITY Or SALEM. MASSACHUSETTS BOARD OF FWAIXII 120�,VA.S]-IINCI'ON STRF:,f-",4"'FLOOR TEL. (978)741-1800 KIM(iE,RI,T:Y DRISCOU Fz1Y(978) 745-0343 MAYOR tx;1t1iF.NRA N1 SAi.ijNLCON1 DA1'lt7 GRI:.I;NBAUM ACTING.EIFA.Ia'I I A(,I NT January 6, 2010 Re: Szetela Lane, Salem, MA Atty. John R Keilty 40 Lowell Street Peabody, MA 01960 Dear Atty. Keilty: The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion of the plans for Szetela Lane. The meeting will be held Tuesday, . January 12, 2010 at City Hall Annex, 120 Washington Street 3`d floor conference room. If you have any questions, contact me at 978-741-1800. Sincerely, For the Board ealth David Greenba m, A ting Health Agent DG/HL cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members • CITY Or SALE,M, MASSACI-IUSETTS BOARD OF HEALTH • 120 WASHINGTON STREET,4"'FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR DGR[:ENBAUM&ALEM.COM DAVLD GRI:?I.;NBAUM AC"I'INC; HL.AI;n I AC;I,N'r NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting on Tuesday, January 12, 2010 at 7.00 PM at City Hall Annex, 120 Washington St. Room 311 MEETING AGENDA 1. Call to order 2. Approval of Minutes from Dec 8 &15,2009 ,w ©o 3. Chairperson Announcements 4. Public Health Announcements/Reports/Updates • � 5. Review and signing of the final draft of the transfer station conditions Cr- 6. Projects waiting for comments from the Board: a. Definitive Subdivision Plan Comments Applicant: Shallop Landing at Collins Cove Partnership LLC Project Name &Address: Land between Szetela Lane and Fort Ave Contact Person: Attorney John Keilty, 978-531-7900 b. Definitive Subdivision Plan Comments Applicant: Paul Ferragamo Project Name &Address: 405-427 Highland Ave Contact Person: Attorney George Atkins, 978-744-0350 7. Miscellaneous 8. Adjournment Next regularly sche uled meeting is February 9, 2010 at 7pm at City Hall Annex, 120 Wash�ingto et,Room 311 ., David ree aura Acting Health Agent T I, 0-4 CRC < ) 7all cc. Mayor Kimberley Driscoll �l ' ' r4ft • Ft. �� y . Board of Health , City Councilors i Conditions of Approval For the Minor Modification to the Site Assignment • BY The Salem Board of Health These Conditions shall be strictly enforced, and violations of them shall be grounds for the impositions of fines,temporary shut downs,or rescission of this site assignment d l:closure of the facility. 1. With the exception of the residential drop-off ar acility shall be completely enclosed with all transfer operations occurring within the build' c q9° e. 2. Hours of operation shall be between 7:00d 5:00 PM, bnday through Friday and 7:00 AM to 10:00 AM on Saturday for Com 'l t users and 7:00Noppera 1:00 PM on Saturdayfor residential users,excluding the holidays din NCI's existinlwith the City of Salem.The residential drop off facility shall be open to ublic pg all1 ours. 3. The Facilityshall accept a Lm annua o of 124,800 tons yyear of Municipal Solid P �� ; � Y P Waste(MSW),Commercial Soltas CSW)and, # nstruction Demolition Debris(C&D),with a daily average of 400 tons/day a ` m of 500 day.The maximum number of vehicles entering the transfer Ntion ilit t inch'' reside F vehicles access to the leaf and yard waste and recycliff facility n an. p day tall not exceed 115. 4. The Facility O Qr shallkPlections lo a _ dent number of employees to properly monitor the operations ppand co fii� loa i nformity with the applicable local, state and federal regu 5. ility O sh 1 ntain }24 hour-7 day per week emergency phone number P Vd co4,a"c uously disp at thh ility for emergency conditions during both operating and non- hours,poste oth E 1� and Spanish. 06. The Facili� rator shal nduct daily street sweeping of all paved surfaces on the site. 7. The Facility Opp r conduct routine litter control/policing and street sweeping along Swampscott Road a intersection of Highland _ve to First Street, as necessar}, and at a - ueieted:Road minimum semi-month . 8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and Maintenance (O&M) Manual for the Facility prior to commencement of operations that incorporates all of the Site Assignment conditions and is in accordance with the applicable local, state and federal requirements. 9. The Facility Operator shall develop and provide the Salem Board of Health an Emergency Response Plan prior to commencement of operations that addresses the following emergencies and describes the response actions to be taken in each situation: a. Fire protection Page 1 of 6 • t b. Loss of electricity c. Equipment failure d. Reportable releases per the Massachusetts Contingency Plan(21E Regulations) e. Vehicular accidents related to access into and/or egress from the Facility 10. The Facility shall notify the Salem Board of Health and the Department of Environmental • Protection of any emergency event within 24 hours of the event and provide a follow-up written report within 14 calendar days of the event. 11. The Facility shall include high speed transfer doors which shall be closed at all times except when transfer vehicles are entering or exiting the building. 1111, 12. The visual,physical and structural condition of the l� "a and grounds shall be maintained in good condition at all times.The Facility Operator shad 1 , andscaping plan to the Salem Board of Health for review and approval and shall co m the lang mg plantings prior to facility startup 13. The Facility Operator shall be require �romptly repair an� " ificant building damage that compromises the performance or abilitya Facility to contai ive dust,noise or odors and provide afollow-up written report within 1 ' ndar Mpf the eve t 14. The FacilityOperator shall -Idling si 1 periodically monitor and control the idling P P � g �� P Y g times of all diesel vehicles enter or ueu n site at an time in conformance with the { q Q Y applicable local,state or federal ati tific all [ CMR 7.11. 15. Except for the o � a busme ay st ne!PkbDebris covered container, and the leaf yard wast �recy s drop <a , no ' may be handled or stored outside the enclosed receive cilit . Y � ! i 16. Vehi is ent'i 1 i «i( = the Fall 'ty shall be controlled to prevent the queuing of ve 0lt �outsh a en' of�e Facility. Vehicles will not be allowed to queue y Crty streei ludm ampsco 'ad. 17. On-si lShiicles, owne erate, d otherwise controlled by the Facility Operator, which may include be lima',. to rol�g on-site equipment, shall be retrofitted with after-market emission1 kits that 1 further reduce vehicle emissions. Any new vehicles acquired for useat the sit q uippe ith emissions controls that meet all current state and federal emissions requirements. 18. Transfer trucks owne , operated and otherwise controlled by the Facility Operator, which may include but not be limited to the trucks transferring consolidated waste materials off site, shall be retrofitted with after-market emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use at the site will be equipped with emissions controls that meet all current state and federal emissions requirements. 19. All on-road vehicles,packers and dump trailers shall use only ultra low sulfur diesel fuel. 20. The Facility Operator shall post signs stating that the Salem Board of Health prohibits the use of engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If Page 2 of 6 repeated violations are brought to the attention of the Facility Operator by the City, such violators will be prohibited by Facility Operator from future use of the Facility. 21. Any storm water controls, permits or pollution prevention plans at the Facility shall be in strict conformity with local,state and federal storm water requirements. • 22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain any spill of fuels,oils or hydraulic fluids from a vehicle whether inside or outside the Facility 23. The Facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commence a noise evaluation withi 80 days of start-up of the Facility. The noise evaluation study must be submitted to the Salern d of Health within 240 days of startup of the Facility. The noise evaluation shall demonAgckground that increased noise levels at up to three sensitive receptors are at or below a 5 dBA incre levels. If dBA levels exceed a 5 dBA increase,the Facility shall install no' a enuatio . tures to reduce the increase to below a 5 dBA increase within 330 days of startu - ie Facility. t The study shall include baseline and noise itoring measurement p to three locations,closest to sensitive receptors. Every attempt shoul `-lmad i Ali onduct th ated baseline and source compliance testing within as se a period } ans practicable. �ese nearest residential receptors would include Locati i ,G, and/ot� ;shed in the original sound study conducted in 2008. Sound testing will be 1-h t� ion at ea cation. The sound level metric used for the comparison will be the L90 as de d i� ' DE . 'se Policy 90-001. If the testing shows that background soup evels are r tthhta in , -008 study, then compliance will be ¢ t Y P in deemed to be ach' "Project - "s are higher than those modeled in Table 5 of the March 08 s study re ng� r Oise Policy is still achieved. The cost for such study shall teed$ 0. Pit, 24. All fr ai ' liq � acility Il be collected and stored within an on site water IV is erin u )the Salem Board of Health and approved by the chusetts Dent vironmeProtection. 25. Prior mmencem )iti;" op �jh,s,.the Facility must contract with a Massachusetts licensed professi est contronagem firm and provide the Salem Board of Health with a copy of the execut tract. ntracted services shall include, but not be limited to, inspecting the site for vermi� - as rats,and insects on a semi-monthly basis,(24 times per year)and the findings present� atten report, which shall be forwarded to the Salem Board of Health. Appropriate and tir>tation measures shall be undertaken in the event vermin are identified at the Facility. 26. The Facility shall have an air handling system capable of handling general air exchanges within the Facility, as required by the Massachusetts Building Code for ventilation and for control of odors generated within the Facility. The system shall have the capability of being operated at less than full capacity, as may be required, in the event that odors become an issue during non-working hours. The air handling system shall be capable of creating a negative pressure within the enclosed building during periods of operation. Negative pressure will be considered to be adequate when the air handling systems are functioning normally during operational hours. The Salem Board of Health shall be notified within 48 hours of any system malfunction. The Facility operator shall notify the Board in writing if the misting system ventilation system or any tipping floor door is out Page 3 of 6 • of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such event and shall include the reason for the equipment being out of service,the repairs required and the expected time to put the equipment back in service. In such event, the Facility Operator shall promptly place such equipment back into service and at a minimum comply with the following additional conditions: • Doors: The Facility Operator shall keep out of service doors closed until repaired; Ventilation System:The Facility Operator shall increase the flow through the misting system during periods when the ventilation system is out of service.The Facility Operator shall put the ventilation system back in service within 36 hours of the notice to the ard. If the ventilation system is not put back in service within 36 hours all incoming waste shal) spended until the ventilation system is back in service. Misting System: The Facility Operator shall usr met 41 ,of watering down the waste such as hand held hoses when the misting system Dp%t of servic a Facility Operator shall put the misting system back in service within 3qj of the notice to� oard. If the misting system is not put back in service within 36 hours aI ncoming waste shall uspended until the misting system is back in service. , � 1 1 27. The Facility air handling syst, �� all be ope k kin such a manner as to render the Facility in conformity with all applicable to a t nd federall y uirements. �1 k I 28. The Facility shall et41141 odor ne izing wPts, in 316,,' ting system to effectively neutralize any odors exitin � I � IJ tt �t 29. The Facility shil nd an i. `penden iced consultant selected and managed by the Salem Board of Health to it a col for e� ion testing of the proposed stack to the Salem Board of H n 1�2 start to measure emissions of fine PM and coarse A gUSE1� ro methods.The actual stack emission test shall be cted by thel end alified c ii%Mtant not later than 180 days after Facility start up. A report of the - sions 'ng results shall be submitted by independent qualified consultant to the _ - rd not later 210 Pfter the Facility start up. If the report does not demonstrate that the 1 stack emi bns lb� multi lied b the maximum hours of operation are not less ( P Y P • than one t rfifflq; year, t' within 30 days apply to the MassDEP for an Air Plan Approval, including a �iq ailab ontrol Technology (BACT) analysis and air dispersion modeling to including a demonstrate co all applicable air quality standards. The application and Air Plan Approval shall ,to the Salem Board of Health. The study shall include stack emissions testing during active t nsfer station operations with the ventilation system in normal operation.The cost for such stack testing shall not exceed$7,500. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas,tarpaulin or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste materials from Page 4 of 6 • becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. " 32. The exterior of all waste vehicles,whether delivering or transporting,waste from the Facility, shall be kept clean and free of litter and debris. • 33. The truck route for all(100%)of the consolidated waste materials leaving the Facility shall exit out onto Swampscott Road utilizing the southernmost facility exitNA*d� No Facility Operator controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable items. 34. Closing documents for the Residential property at ( i ietro Avenue, demonstrating that the Facility Operator has purchased and recorded sa rchase at the registry of deeds shall be submitted to the Board prior to Facility start up. WR hall note that for as long as the transfer station is in existence and operational tha rope all never be used as an occupied residential dwelling, a licensed day care prison, h� care facility, elementary school, middle school or high school, childret�� school, or senior, , ter or youth center, excluding equipment storage or maintenance struc t 35. An authorized representative he City of 1pt B 0,, lof Health sha4 a the right to perform unscheduled inspections of 1 lit during`1n hours or at other time deemed Pe � Y g Y appropriate by the Salem Boar for the p s of confirming compliance with the final approved conditions. f1 36. All corresponde � `'qetoth assD= Ibe c Aed to the Salem Board of Health, including but n rted t orts,co nce,, s,notices,contracts,agreements,permit modifications, ange in. rators/o' hip 37. The F era inde ) ent assessment of the traffic generation trips within � P g si �cility ng fully %io >. The independent monitoring program shall count t e enerateq c foo ast threJ for comparison with the projections discussed at the g ,� P P J N tber 24, 200 ptinua I of the public hearing. If the operation rates are higher than prole{ the indepe asse nt shall provide an assessment of the traffic impacts and recomm� dditional mt tion mt ures to the Salem BOH. 38. Traffic impro�. ents re ended on Pages 28-30 of the December 2007 Traffic Impact and Assessment Stu se &Associates Inc. is herein incorporated as a condition of this site assignment. These It ons generally include: a.)traffic signal retiming and lane use re-striping; b. re-timingof the s t�id area signalized intersections as an improvement measure to optimize Y � P P traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott Road and Highland Ave; d) other operational improvements that may be warranted. The Salem Board of health recognizes that these improvements are subject to the approval of the Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be submitted to the Salem Board of Health. 39. The Facility Operator shall pay the actual expenses up to$20,000 per year(adjusted annually on the anniversary of this agreement by the Brockton Boston Nashua CPI-U) into a revolving fund controlled by the Board to hire a qualified environmental scientist or engineer to inspect the construction and operations at the facility, to review the records of operation and to evaluate Page 5 of 6 • compliance with local state and federal laws and regulations and with the terms and conditions of t all environmental permits inclusive of this site assignment. The scientist or engineer may take measurements of ambient air at the property line for the purpose of determining compliance with the allowable ambient levels to particulate matter known as PM2.5 and PM10, noise levels at sensitive receptors, traffic counts or other measurements as deemed appropriate. The City will • provide the Facility Operator with copies of all results of such inspections and measurements within ten(10)business days of receipt. 40. The Facility Operator shall study the First Street and Swampscott Road intersection to determine if a traffic signal is warranted. The study shall also examine the lights at Traders Way and Highland Ave.The Facility Operator shall fund an independent quaffed consultant selected and managed by the Salem Board of Health to peer review the study. traffic signal is warranted at the First Street and Swampscott Road then the Facility Ope i all design,and permit the new signals and also fund up to$200,000 to construct the new sip 1 41. The conditions of this permit are binding 'Facility Op �g ,and any of its heirs,successors, assigns,agents or employees. �i 42. The Facility Operator shall comply wi %, e Um, States > e ent of Transportation requirements governing scree of truck check the dr records and perform random drug testing on the Fa4 to rators lers. 14& Page 6 of 6 • CITY OF SALEM BOARD OF HEALTH MEETING MINUTES December 8, 2009 DRAFT MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Marc Salinas, Martin Fair, Dr. Larissa Lucas, Noreen Casey, Kemith Leblanc &Gayle Sullivan OTHERS PRESENT: David Greenbaum,Acting Health Agent; Councillor Liaison Stephen Pinto; David Murphy,Engineer from Tighe &Bond; Beth Rennard, City Solicitor; Bill Thompson, North Side Carting Representative; Atty. Ken Whittaker, Hearing Officer; TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:09pm. 2. Minutes of Last Unanimously approved. Meeting (Nov 10, 2009) 3. Public Health Agents, Nurses and Administrative Reports accepted and submitted into the record Announcements/ (see attached). Reports/Updates • 4. Transfer Station Proposed conditions discussed: Conditions 1. Operations will be inside the closed facility. �D� NSC will provide a drop-off for recycling of cans &bottles. All money AS 3 received will be donated to schools as agreed by NSC. 3. Hours of Operation 7-5 Monday to Friday and Saturday 7-10. The additional hours of 10-1 on Saturday will be for Salem Residents only. 4. Maximum monthly tonnages in municipal/commercial solid waste will be a maximum of 230 vehicle trips into or out of the facility per month 5. Traffic/tonnage. Marc Salinas stated that the board should discuss whether or not we will approve or deny or approve the applications with conditions. Gayle Sullivan agrees. Barbara Poremba stated that these are proposed conditions to approving the application. Board agrees to continue reviewing conditions. Noreen Casey states that tonnage should be lower. David Murphy explains to the board that the size of the facility can handle the tonnage requested by the applicant. Internally the facility can handle the amount of. traffic. Externally the intersections are already degraded. The traffic studies show that there is not a sufficient increase in traffic volume to cause a major impact to • the traffic in those areas or further degrading of the intersection. Larissa Lucas states that the traffic issue should not be a concern for the Board of Health due to the amount of industry in the area already and that there will be more construction happening in the future in that area. No resolution is reached on this condition. The Board agrees to revisit these conditions and to move on to others. Y. 6. Facility will have the correct amount of employees on staff during working hours. 7. A valid 24/7 phone number for operating and non operating hours in English and Spanish will be available and posted. 8. Daily street sweeping on site. 9. Routine litter control from First Street to Highland Avenue. 10. Develop and provide facility maintenance schedule. 11. Develop and provide emergency response plan contingent to the mass contingency plan. 12. Notify BOH and DEP of emergency event within 24 hrs. Report should be done within 14 days of event. 13. Doorways shall be closed at all times unless loading and unloading is happening. 14. Visual physical and structural grounds will stay in good condition. Landscaping plans will be submitted to the board for approval. 15. Damages will be repaired within an allotted amount of time. NSC must notify the BOH of any significant damage that compromises production. 16. Post anti-idling signs and monitor time of trucks idling. Atty. Mackey representing NS Carting- The board can modify, suspend or revoke permits do to violations of conditions. To do this, a public hearing must be held. Does not need to be listed as present 17. All solid waste will not be handle outside facility Discussion of types of solid waste— Only one truck full of construction material will be allowed overnight do to extreme conditions and must be covered. • 18. Traffic will be control so there will be little to no back-up outside of facility 19. On site vehicles will be retrofitted for reductions of emissions that meet MA emission requirements 20. Transfer vehicles- retrofitted for reductions of emissions—that meet emission requirements 21. On road vehicles will use only ultra low sulfur diesel fuel 22. Braking systems. Use of engine compression brakes is prohibited. Signs will be posted stating that the Salem Board of Health prohibits the use of J brakes by any trucks used within one mile of facility. 23. Storm water will follow state& local guidelines. Prevention plans will be provided to the Salem Board of Health 24. Minimum of 3 spill containers on site at all times. 25. The facility shall fund an independent qualified consultant selected and managed by the Salem Board of Health to commenced a noise evaluation within 180 days of start up of the Facility. The noise evaluation study must be submitted to the Salem Board of Health within 240 days of start up of the Facility. The noise evaluation shall demonstrate that the increased noise levels at up to three sensitive receptors are at or below a 5 dBA increase above background levels. If dBA levels exceed a 5 dBA increase the Facility shall install noise attenuation features to reduce the increase to below a 5 dBA increase within 330 days of startup of the Facility. Discussion of hiring a contractor to conduct these studies selected by the board • and paid by the operator of the facility—plan with in 30 days and 60 days to install with DEP approval. 26. All free draining liquids within the Facility shall be collected and stored within an on site water"tight tank", which is to permitted through the Salem Board of health and approved by the Massachusetts Department of Environmental Protection. • 27. Facility must contract with pest control management for inspection of site for rodents,birds etc. 28. Facility should have air handling system for controlling odors in facility. If any malfunction happens that lasts for 48 hrs the Salem BOH will be notified and remediation plans will be provided and approved by the BOH. 29. Facility shall contain a dust and odor control system at all times during operating hours and as needed after operating hours. A misting deodorizing system will be used that is a masking agent and has no odor. 30. Any waste materials delivered to the Facility and tipped on the receiving floor of the Facility that are hazardous in nature shall be removed from the waste mass and stored in a secure container designed to handle such hazardous materials. The containers for hazardous materials shall be stored within the secure enclosure of the Facility. 31. Protocol for emissions testing will be done at the stack it self by an independent contractor hired by the BOH and reimbursed by the facility operator. 32. The Facility shall develop and incorporate in to the Operations and Maintenance plan fugitive dust/odor control protocols during the periods when the Facility doors are opened 33. All vehicles containing waste that enter or exit the Facility must be covered with a canvass, tarpaulin or other equivalent method to prevent waste from blowing of falling off vehicles. All empty departing vehicles that delivered waste to the Facility must not allow residual waste material from becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed containers. 34. Exterior of waste vehicle will be cleaned as needed 35. Facility trucks must turn left onto Swampscott Road. No facility trucks will be able to use First Street. All large vehicles must use the southernmost exit. 36. Closing documents for 1 Dipietro Avenue. Has been purchased by applicant and is no longer residential. 37. Authorize representative of the BOH shall have the right to perform unscheduled inspections. 38. All correspondence to the DEP will be cc'd to the BOH. 39. Traffic improvements recommended on pages 28-30 of the December 2007 Traffic Impact and Assessment Study by Vanasse &Associates Inc. is herein incorporated as a condition of this site assignment. These conditions generally include: a.)traffic signal retiming and lane use restriping. b) retiming of the study area signalized intersections as an improvement measure to optimize traffic signal operations. c) Pavement marking modifications at the intersection of Swampscott Road and Highland Avenue. d) Convert the Swampscott Road northbound roadway movement from one exclusive left turn-lane and one right-turn lane to one shared left-turn/right-turn lane and one exclusive right-turn lane. In addition, signal heads and timings shall be modified if necessary to accommodate any lane reconfigurations 40. The proponent shall provide an independent assessment of the traffic generation trips within six months of the facility being fully operation. The independent monitoring program shall count the site generated traffic for at least three days to be compared to the projections. If the operation rates are higher than projected, the independent assessment shall provide an assessment . of the traffic impacts and recommend additional mitigation to the Salem BOH. 1 Martin Fair asks if we can request an extension of the time limit requirement from the applicant. Discussion of continuing meeting or adjourning. Motion to continue discussion of conditions to Dec 15t' at 7 PM. • 5 in favor, 1 opposed. Motion passes. 5. MEETING 10:35 p.m. ADJOURNED: Respectfully submitted, Heather Lyons Clerk of the Board Next meeting is December 15, 2009 at 7pm At City Hall Annex, 120 Washington Street,Room 31,Salem. • f d CITY OF SALEM BOARD OF HEALTH SPECIAL MEETING MINUTES December 15, 2009 • DRAFT MEMBERS PRESENT: Barbara Poremba Chairperson, Marc Salinas, Martin Fair, Larissa Lucas, Noreen Casey Kemith LeBlanc & Gayle Sullivan OTHERS PRESENT: David Greenbaum, Acting Health Agent, Councillor Liaison Stephen Pinto and Heather Lyons, Clerk of the Board EXCUSED: Tracy Giarla, Public Health Nurse TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00 PM. 2. Flu Clinic Dr. Larisa Lucas suggested that the entire board receive weekly updates on the Updates H IN I including vaccine allotments and flu clinics. All agreed. David Greenbaum updated the Board on the H1N1 clinics 3. Transfer Station Motion: to approve or deny the site assignment with conditions. Conditions A discussion followed. (Continued) Board members agreed that they would review all conditions prior to voting. Motion withdrawn • Draft conditions discussed. (Final Draft of Conditions attached) 1. Traffic Lights: There was a discussion about a traffic light condition made by the Planning Board when the Fafford Condominiums were built. It was believed to have been at First Street and Swampscott Road. However, no record has been found to support this. Beth Rennard stated that the City Council can add a traffic light condition when this site assignment comes before them. 2. Trucks leaving the Transfer Station: Board lifted restrictions on trucks leaving the transfer station. All trucks may turn left or right turn onto Swampscott Road and to take a left or right turn onto Highland Avenue. The only restriction would be for transfer station trucks to avoid First Street. 3. Traffic Study: NS Carting shall conduct a traffic study at the intersection of First Street and Swampscott Road to determine if traffic signals are required and that the study is peer reviewed by a consult of the board's choice. If warranted NS Carting shall design, permit and fund up to $200,000 towards the traffic light construction. 4. Tonnage: • There was a discussion on the tonnage. Both Marc Salinas and Noreen Casey do not agree that the tonnage should not be as large as 400 tons. Noreen proposed that it be limited to 200 tons per day due to the size of the transfer station building and to limit the amount of traffic increase to that area. Martin fair stated that lowering the tonnage might not be economically viable. Mr. Murphy, the engineer for the board stated that the facility size was adequate for f y the tonnage proposed and that there was no significant degrading in traffic. 5. Waste left overnight: There was a discussion on waste being left over night outside of the building. No solid waste will be left overnight outside of the facility. However, up to 1 truck with construction debris • may be left overnight covered if it is not possible to remove it on that day. It was agreed that this would be more of an exception rather than a rule. 6. 1 Dipietro Ave: There was a discussion regarding the deed to 1 DiPietro Avenue. Kemith LeBlanc requested that the deed to the property state that as long as the transfer station is in operation the property shall not be sold for residential purposes. Board members agreed. 7. Household Hazardous Waste Day: It was suggested that HHWD be held at the transfer station. The board decided that it would be better to continue to hold this at the High School because of the amount of traffic that it would generate. 8. Consequences for not following assigned conditions: There was a discussion on fines for violations of conditions. The board will have the authority to apply a number of penalties including shutting down transfer station operations. Any change in the conditions of this site assignment or non-compliance of the conditions by the applicant could be cause to initiate a public hearing on the site assignment. 9. Future changes in conditions: Any change in the conditions of the site assignment would require a public hearing. • Motion: to approve the minor modification of the site assignment from 100-400 tons per day subject to final draft of conditions to be presented in writing at the next meeting. Discussion: Marc Salinas has concerns about voting for conditions without having a final draft in front of the board. Atty. Whittaker stated that the final draft will be presented at the next meeting and that the wording can be changed and approved before signing of the conditions. Marc Salinas also has concerns about the possible traffic issue once this facility opens. He also has concerns about the facility being able to handle 400 tons a day effectively. These concerns were addressed in the conditions. Marc Salinas was also concerned that the board has not received a final draft of the design plans for the facility. Final design plans are not available at the approval stage but all will be overseen by the independent overseer selected by the board and paid for by the applicant. Vote on motion: 4 in favor, 2 apposed (Chairperson reserved the right not to cast a vote) Motion caries. • 4. Meeting 10:00 PM Adjourned s Respectfully submitted, Heather Lyons Clerk of the Board Next regularly scheduled meeting is Tuesday, February 12, 2010 at 7pm at City Hall Annex, 120 Washington Street,Room 311 Salem. • Administration Monthly Report December-09 Burial Permits @ $25.00 $1,075.00 Permits $25,271.40 Certificate of Fitness@$50.00 $2,800.00 Copies $0.00 Fines= $0.00 Total Monies Collected = $29,146.40 Animal Bites Reported= 0 Annual Budget Expended Available Balance Salary/Longevity $356,823.00 $147,827.78 $204,216.43 Annual Budget Non-Personnel $21,200.00 $5,175.09 $11,246.12 I ♦ O CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR nGREfI,NBAUM a.snr.,EM.COM DAvu)GREENBAUM Public Health Nurse Report ACTING HEAtT►-IA(.;F.NT December 2009 Activities Disease Prevention • In contact with North Shore Pulmonary Clinic regarding active cases and case contacts. Investigated communicable disease cases and reported to the MDPH. Meetings/Clinics DOT Monday through Friday for one active TB cases. Attended the NSCAEP meeting at the Peabody DPW. • Attended Monthly North Shore Public Health Nurses meeting to discuss H1N1 plans. • Participated in one MDPH telephone conference call between local health and MDPH • Preparation for all December H 1 N 1 Clinics December H1N1 Clinics for Salem Residents The Salem Board of Health held the following Clinics: 12/9/09 968 residents were vaccinated at Salem High School. 12/10/09 69 residents were vaccinated at Salem Mission. 12/17/09 664 residents were vaccinated at Bentley Elementary School. 12/28/09 11 Fire Department employees were vaccinated. 12/29/09 23 Police Department employees were vaccinated. 12/29/09 5 Office visits. Redistributed to the Community Providers: 80 injectable doses and 30 flu mist to NS Community Health Center. • 10 injectable doses were distributed to Anne Kelly Salem Mission. • MONTHLY REPORT OF COMMUNICABLE DISEASES DECEMBER 2009 DISEASE NEW CARRY OVER DISCHARGED REPORTED CAMPYLOBACTER O O O 0 GIARDIA O O O 0 H1N1 O 0 O 0 LYME O O O 0 PERTUSSIS O O O 0 • SALMONELLA O 0 0 0 TUBERCULOSIS 1 1 2 0 VARICELLA O O O 0 Tuberculosis: One carry over cases are seen at private physicians office DOT for one case. • Acting Health Agent Report • December 2009 December 1, 2009 • Conducted a plan review for the change of ownership for Brother's Deli • Conducted an inspection of the ventilation system at Warren Light Craft in Shetland Park • Conducted a housing inspection at 3 Essex Street#1 with Sanitarian Elizabeth Salandrea. Order to correct issued. December 2, 2009 • Attended the Senior Staff Meeting with the Mayor December 7, 2009 • Conducted a preliminary plan review for the proposed new restaurant the Adriatic Restaurant and Bar • Conducted a plan review for the change of ownership for Burger King December 8, 2009 • Prepared and attended the monthly Board of Health meeting and deliberations on the proposed Transfer Station December 9, 2009 • Prepared for and conducted an H1 N1 flu clinic at Salem High School for Salem residents 6 months to 24 years. 986 people vaccinated December 16, 2009 • Attended the Senior Staff Meeting with the Mayor December 17, 2009 • Prepared for and conducted an H1 N1 flu clinic at Bentley Elementary School for Salem residents 24 to 64 years of age with chronic health conditions. Clinic was opened to all residents as directed by the MDPH. 664 people vaccinated December 22, 2009 • Conducted a plan review for the proposed new establishment Cafe Valverde Roasters • M CITY OF SALEM, MASSACHUSETTS ' BOARD OF HEALTH 120 WASHINGTON STREET,4"'FLOOR • TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAx(978) 745-0343 MAYOR DGRI?F?N BAU M(@SAI,E.M.CO.M DAVID GREI NBAUM ACTING HI AIAII Ac l:'.NT January 6, 2010 Re: Szetela Lane, Salem, MA Atty. John R Keilty 40 Lowell Street Peabody, MA 01960 Dear Atty. Keilty: The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion of the plans for Szetela Lane. The meeting will be held Tuesday, • January 12, 2010 at City Hall Annex, 120 Washington Street 3`d floor conference room. If you have any questions, contact me at 978-741-1800. Sincerely, For the Board ealth A David Greenba m, A ting Health Agent DG/HL cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members • CITY OF SALEM, MASSACHUSETTS . : BOARD OF HEALTH 120 WASHINGTON STREET,4"'FLOOR • TEL. (978) 741-1800 KIMBERLEY DRISCOLL F-AX(978) 745-0343 MAYOR DGRr rNBAUM@SAI...r,M.CO.M DAVI.D GRI-J3NBAUM ACTING;HEALTIA AGENT January 6, 2010 Re: 405-427 Highland Avenue, Salem, MA Atty. George Atkins 59 Federal Street Salem, MA 01970 Dear Atty. Atkins: The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion of the plans for 405-427 Highland Avenue. The meeting will be held Tuesday, • January 12, 2010 at City Hall Annex, 120 Washington Street 3`d floor conference room. If you have any questions, contact me at 978-741-1800. Sincerely, For the Boar of Health avid G e aum, Acting Health Agent DG/HL cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members • Possible Conditions 405-427 Highland Ave 1. The individual presenting the plan to the Board of Health must notify the Health Agent of the name, address, and telephone number of the project (site) manager who will be on site and directly • responsible for the construction of the project. 2. If a DEP tracking number is issued for this site under the Massachusetts Contingency Plan, no structure shall be constructed until the Licensed Site Professional responsible for the site meets the DEP standards for the proposed use. 3. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent. 4. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the Health Agent. 5. The developer will give the Health Agent a copy of the 21 E report. 6. A radon remediation kit shall be installed and operational in each below grade dwelling unit. 7. A radon test shall be conducted following installation and operation of the remediation kit. 8. The developer shall adhere to a drainage plan as approved by the City Engineer. 9. The developer shall employ a licensed pesticide applicator to exterminate the area prior to construction, demolition, and/or blasting and shall send a copy of the exterminator's invoice to the Health Agent. 10. The developer shall maintain the area free from rodents throughout construction. • 11. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. 12. The developer shall submit to the Health Agent a written plan for containment and removal of debris, vegetative waste, and unacceptable excavation material generated during demolition and/or construction. 13. The Fire Department must approve the plan regarding access for fire fighting. 14. Noise levels from the resultant establishment(s) generated by operations, including but not limited to refrigeration and heating, shall not increase the broadband sound level by more than 10 dB(A) above the ambient levels measured at the property line. 15. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 16. The resultant establishment shall dispose of all waste materials resulting from its operation in an environmentally sound manner as described to the Board of health. 17. The drainage system for this project must be reviewed and approved by the Northeast Mosquito Control and Wetlands Management District. • 18. Proposed food establishments must have their plans reviewed by the Health Agent prior to their build-out. 19. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met. f Possible Conditions Shallop Landing/Szetela Lane 1. The individual presenting the plan to the Board of Health must notify the Health Agent of the name, address, and telephone number of the project (site) manager who will be on site and directly responsible for the construction of the project. 2. If a DEP tracking number is issued for this site under the Massachusetts Contingency Plan, no structure shall be constructed until the Licensed Site Professional responsible for the site meets the DEP standards for the proposed use. 3. A copy of the Licensed Asbestos Inspector's Report must be sent to the Health Agent. 4. A copy of the Demolition Notice sent to the DEP, Form BWPAO6, must be sent to the Health Agent. 5. The developer will give the Health Agent a copy of the 21 E report. 6. A radon remediation kit shall be installed and operational in each below grade dwelling unit. 7. A radon test shall be conducted following installation and operation of the remediation kit. 8. The developer shall adhere to a drainage plan as approved by the City Engineer. 9. The developer shall employ a licensed pesticide applicator to exterminate the area prior to construction, demolition, and/or blasting and shall send a copy of the exterminator's invoice to the Health Agent. 10. The developer shall maintain the area free from rodents throughout construction. 11. The developer shall submit to the Health Agent a written plan for dust control and street sweeping which will occur during construction. 12. The developer shall submit to the Health Agent a written plan for containment and removal of debris, vegetative waste, and unacceptable excavation material generated during demolition and/or construction. 13. The Fire Department must approve the plan regarding access for fire fighting. 14. Noise levels from the resultant establishment(s) generated by operations, including but not limited to refrigeration and heating, shall not increase the broadband sound level by more than 10 dB(A) above the ambient levels measured at the property line. 15. The developer shall disclose in writing to the Health Agent the origin of any fill material needed for the project. 16. The resultant establishment shall dispose of all waste materials resulting from its operation in an environmentally sound manner as described to the Board of health. 17. The drainage system for this project must be reviewed and approved by the Northeast Mosquito Control and Wetlands Management District. • 18. Proposed food establishments must have their plans reviewed by the Health Agent prior to their build-out. 19. The developer shall notify the Health Agent when the project is complete for final inspection and confirmation that above conditions have been met.