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2009 LETTER FROM ATTY GOODMAN TO ATTY WHITTAKER RE: PETITION TO INTERVENE & REGISTRATION OF ABUTTER 11/10/2009 TUE 14:07 FAX 781 582 1128 SRUTZER GOODMAN KAUFMAN Q001/010 1 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite I LYNN.MASSACHUSErfS01902 781-593.2016—781.639.8100 781-592-1129 facsimile carl@aftorruygoadman.com Carl D.Goodman Facsimile transmittal To: Kenneth F.Whittaker,Esq. F": 617-412-3120 From: Carl Goodman Date: 11-10-09 I Re: Pages: Cover+1 cc: Salem Hoard of Health 978-745-0343 Please see attached documents.Cover Letter,Petition to Intervene&Registration of Abutter, Appearance. RECEIVED NOV 10 2009 CITY OF SriLEM BOARD OF HEALTH I 11/10/2009 TUE 14:07 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN ®002/010 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite I Lmrt MAsmaiusEm 01902 781-593-2016—781v639.8100 781-592-1129 facsimile carl®attorneygoodman,com Carl D.Goodman By facsimile 617412-3120 and email: kwhittaker®adorno.com November 10, 2009 Kenneth F. Whittaker, )sq. Adorno&Yoss 155 Federal Street Suite 1202 Boston,MA 02110 RF.: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker: Enclosed please fund Petition to Intervene&Registration of Abutter on behalf of Alan Samiljan of Salem, Massachusetts along with my Appearance. I Have not indicated a docket number as none of the papers available for public inspection at the office of the Board of Health contained a docket number. -Very truly you CARL D.GOODMAN CIX::hbs cc: Salem Board of Health—978-7454)348 facsimile 11/10/2009 TUE 14:07 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 2003/010 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Alan Samiljan,owner of the premises known as 51 Cavendish Circle,Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem,Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road,approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit C,Building 186,in the condominium known as the Green.Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So.District Registry of Deeds in Book 15588 Page 530,as amended." In addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan#60 are attached hereto and marked Exhibits"A"and"B"respectively. The individual owner of a condominium unit has 1..vn,r oa o.ceedm u±L� Baa m 01902 M.9H.10m 11/10/2009 TUE 14:07 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN ®004/010 standing to participate in matters affecting the Condominium. Bernstein v. Chig(Building Inspector, 52 Mass.App.Ct. 422, 754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and on the said streets directly affect his access to and egress from his premiscs as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq.,Goodman Law Office, 152 Lynnway—Suite 1 E, Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. b. The proposed Facility will cause an increase in vehicular emissions,noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMIUAN By his at mey CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 1N 0m..r Ce D.Cmdew IS21.�vy -YrnMA 01902 Tdld9,,-2016 11/10/2009 TUE 14:08 FAX 781 392 1129 SKUTZER GOODMAN KAUFMAN 0003/010 VERIFICATION I,Cars D.Goodman,attorney for the Petitianer/Registram,hereby certify under the penalties of perjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief,I believe the same to be true. Signed under the pains and penalties of perjury this I O'h day of November,2009. Carl D.Goodman CERTIFICATE OF SERVICE 1,Carl D. Goodman;attorney for the Petitioner/Registrant,certify that I have this day served true and complete copies of: I. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarder by facsimile this day to: Board of Health 120 Washington Street Salem,MA 01970 Facsimile:978-745-0343 CARL . GOODMAN Goodman Law Office 152 Lynnway- Suite IE Seaport Landing Lynn,MA 01902 Tel: (781)593-2016;(781)639-8100 BBO#1201720 Dated: November 10,2009 L.Who of Coro 0"W" 137 Lowry 1,Z,MA O{�43 Tdt-f93•ibtd 11/10/2009 TUE 14:08 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN /a006/010 EXII � 91Ii��l �IHIIH(�III�II�� Deed Q41 Bk: Pig:414 ear,errap UWe,Dianne M.Skreslet,of 7 JMs way,Peabody,Massachusetts 01%0 in consideration ofThree Hundred Seventy-Five Thousand sod 00/100 Dollars($37500.00)Dollars gram to Alas Samgjau and Brenda Samiljan,tenants by the entirety of 51 Cavendish Circle,Unit C,Salem, MA 01970 with QUITCLAIM COVENANTS The Unit known as Unit C,Building 186 (the"Unit'),in a condominium known s,the Gteea Dolphin Village Condominium(the"Condominium"),established pursuant to Massachusetts General Laws,Chapter 183A,as amended,by Master Deed dated April 2.IM and recorded an April 6.19",withtheRam South District Registry of Deeds,Book 15500, Page 0%as amended,and having a post office address of SI Cavendish Circle,Salem, Massachusetts. Together with an undivided Interest or.sSBIs/o in the common areas and facilities of said Condominium and together with the tights,if any,to exclusive use of any of the common arena tad facilities of said Condominium as more fully set tomb In the eforalld Master Deed and the First Unit Dad. Together with the benefit of and subject to the easements,restrictions,conditions,rights and obligations set Wh or referred to in said Master Dood,First Unit Dead and provisions of the Gran Dolphin Village Condominium Trust,its By-Lane and Rules and Regulations,recorded with said Registry of Deeds at Book 1599.Page SQ, as the same may from time to time be amended by instruments of word. no Condominium and each of the Units Is intended for residential purposes and other uses permitted by the applicable Zoning Ordinances asset forth it.or limited by,the Master Dad. 04��, For title,we dead recorded with the Essex South Registry htryof Dadat Book 17260 P°Ea 495, DEEDS REQ .," ESSEX SnUTH Executed as a seated instrument this Tenth day of April,2007. O�AQT�►ti`• +:_ 01 12 1 Diemua� M Skm�let'� ,-:acid -i411710.1D casKh.��la_oo .. Commonwealth of Massachusetts Essex,ss: On this Tenth day of April,2007,before me,the undersigned notary public, personally appeared Dianne M.Skreskl.proved to me through smistsctory evidence of identification,which were 17 Drivers License;O State ID;O Passport;0 Other Government Issued ID;0 Other,to bo the pctson whose owns is signed on the preceding or a0acbed document,and e It voluntarily for its sped purpose. p p pMTINEA PERRO! 'x0011 ["0- 1 - L - - C.V✓i-.., �'��111�� , "•.' Notary Public r.b tAWawtw.Fti.3i•.as::r- :tt8 � SII ��1.. aw.ia,.m,t 592 ER 10/20# T :#*tfs" pAX /1 aaaTn� � 160071010 # , | § EkH|g|T r � | ! k � ! /� # §§| � • o | | | �✓� � | a ANNE,, \ NZL § , q 0 `7\ kNa ■ | 1 R � : , ! - 11/10/2009 TUE 14:09 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN ta008/010 EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle,Unit C, Salem,Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwest,Whalers Lane on the Northeast,East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and along those streets is on a daily basis,and especially on weekdays and Saturdays,excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late afternoon/early evening commuting hours,traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilizea drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions frons increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative ,. Offi..r impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. r.do.C.Wm Jrt L,mi La..W 019M maraaom 11/10/2009 TUE 14:09 FAX 781 592 1129 SRUTZER GOODMAN KAUFMAN (91009/010 The proposed new construction will be in violation of 310 CMR § 16A0(3xd)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as$00 ton, will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10,2009 Alan riljan T� �.olke< 153 W�sry Lym M� a�agr 38f-5939916 711/10/201,9 TUE 14:09 FAX 781 $92 1129 SHU'rZER GOODMAN KAUFMAN @1010/010 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment APPEARANCE OF COUNSEL Please enter my appearance as attorney for Alan Samiijan in the above-entitled matter. ALAN SAMILJA By his attorney: i CARL D. GOODMAN Goodman Law Office 152 Lynnway-Suite IE Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 la.UIIkeM fai U.tWw1m» L2 Y L01MA 9M� I?tll Y}i}9y;016 e LAW OFFICE OF CARL D. GOODMAN 152 Lynnway-Suite 1 E LYNN,MASSACHUSETTS 01902 781-593-2016 - 781-639-8100 781-592-1129 facsimile carl@attorneygoodman.com Carl D. Goodman By facsimile &FedEx Nextday November 23, 2009 Board of Health 120 Washington Street Salem, MA 01970 ATTN; Mr. David Greenbaum, Director RE: Salem Transfer Station/Northside Carting, Inc. Application for Minor Modification to Site Assignment Dear Mr. Greenbaum: Enclosed please find Petition to Intervene & Registration of Abutter on behalf of Bruce M. Glinski of Salem, Massachusetts on his own behalf and as he is Trustee of the Green Dolphin Village Condominium along with my Appearance on behalf of Mr. Glinski and the organization of unit owners. Very tr yours mv CARL D. GOODMAN CDG:hbs cc: Kenneth F. Whittaker, Esq. -978-617-412-3120 facsimile &FedEx Nextday Northside Carting, Inc. -978-686-3086 facsimile &FedEx Nextday LAW OFFICE OF (ARL D. GOODMAN 152 Lynnway-Suite 1E LYNN,MASSACHUSEM 01902 j 781-593-2016— 781-639-8100 781-592-1129 facsimile carl@attorneygoodman.com Carl D. Goodman By facsimile 617-412-3120&FedEx Nextday November 23, 2009 Kenneth F. Whittaker,Esq. Adorno &Yoss 155 Federal Street Suite 1202 Boston, MA 02110 RE: Salem Transfer Station/Northside Carting, Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker: Enclosed please find Petition to Intervene&Registration of Abutter on behalf of Bruce M. Glinski of Salem, Massachusetts on his own behalf and as he is Trustee of the Green Dolphin Village Condominium along with my Appearance on behalf of Mr. Glinski and the organization of unit owners. The originals of these documents are being forwarded to the Board of Health with copies to Northside Carting,Inc. as set forth in the Certificate of Service attached to the Petition. 7Z;L— CARL D. GOODMAN CDG:hbs cc: Salem Board of Health—978-745-0343 facsimile&FedEx Nextday Northside Carting,Inc.-978-686-3086 facsimile &FedEx Nextday COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting, Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station I 1-10-09) APPEARANCE OF COUNSEL Please enter my appearance as attorney for Bruce M. Glinski, Individually and as he is Trustee of the Green Dolphin Village Condominium Trust, in the above-entitled matter. BRUCE M. GLINSKI, Individually and as Trustee of Green Dolphin Village Condominium By his attorney: CA L D. GOODMAN Goodman Law Office 152 Lynnway- Suite IE Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781)639-8100 BBO#201720 Ca.) f d D..GGoodood man 152 LAY L m4 MA 01902 781-593-2016 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of. Application of Northside Carting, Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) PETITION TO INTERVENE &REGISTRATION OF ABUTTER Now comes Bruce M. Glinski,Trustee of the Green Dolphin Village Condomonium Trust, and individually as the owner of the premises known as 33 Cavendish Circle,Unit B, Salem, Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore, your Petitioner states: 1. Petition is a Trustee of the Green Dolphin Village Condominium Trust, the organization of unit owners of the Green Dolphin Village Condominium, and is authorized by the Board of Trustees to file the within Petition on behalf of the organization of unit owners, and he is the owner of that certain parcel of land known as and numbered 33 Cavendish Circle, Unit B, Salem, Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road, approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit B, Building 185, in the condominium known as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A, as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So. District Registry of Deeds in Book 15588 Page 530, as amended." In addition, the Petitioner holds a 1.2233%undivided interest in the common Law Office or Carl D.Goodman 152 Ly way Lyng m 01902 781-593-2016 areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan#60 are attached hereto and marked Exhibits "A" and`B" respectively. The Petitioner has standing both as representative of the organization of unit owners and as an individual owner of a condominium unit to participate in matters affecting the Condominium. Bernstein v. Chief Building Inspector, 52 Mass.App.Ct. 422, 754 N.E.2d 133 (2001). 2. The owners of the various condominium units at the Green Dolphin Village Condominium and the Petitioner, individually, will be specifically and substantively affected by the hearing. 3. Petition further states that he and the unit owners represented by the organization of unit owners will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Traders Way at Hi' land Avenue and on the said streets directlyaffect his � access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq., Goodman Law Office, 152 Lynnway—Suite 1 E, Lynn, MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO# 201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions, noise, and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. UOffi f Carl D.Goodman 152 Ly way Ly h 01902 981-593-2016 BRUCE M. GLINSKI, Individually and as Trustee of Green Dolphin Village Condominium By his attorney: CARL D. GOODMAN Goodman Law Office 152 Lynnway- Suite 1 E Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO#201720 VERIFICATION I, Carl D. Goodman, attorney for the Petitioner/Registrant, hereby certify under the penalties of perjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief, I believe the same to be true. Signed under the pains and penalties of perjury this 23d day of November, 2009. Carl D. Goodman ew ogre or CM D.Goodman 152 LS way Lyme,M 01902 781-593-2016 CERTIFICATE OF SERVICE I, Carl D. Goodman, attorney for the Petitioner/Registrant, certify that I have this day served true and complete copies of 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarded by facsimile this day and by FedEx nextday service to: Board of Health 120 Washington Street Salem, MA 01970 Facsimile: 978-745-0343 Northside Carting, Inc. 210 Holt Road North Andover, MA 01845 Facsimile: 978-686-3086 CARL D. GOODMAN Goodman Law Office 152 Lynnway- Suite 1 E Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO#201720 Dated: November 23, 2009 Law Office of Carl O.Goodman 152 Lymiway Lyme,MA 01902 181-593-2016 EXE FIDT /I _ THE GREEN DOLPHIN VILLAGE CONDOMINHJ; PV UNIT DEED M2WW SUM ��31 Debra M. Perry formerly known as Debra M. Mangini of Salem, Essex County, Massachusetts,("Grantor")for consideration of S$323,000 Paid grants to Bruce M. Glinski and Maria R,Glinski of 33 Cavendish Circle, Unit 185B,Salem,MA 01970 with Quitclaim Covenants the unit known as No. B("Unit")in Building No. 185 ("Building")in Phase VI-I in Green Dolphin Village Condominium("Condominium")located in Salem, Essex County,Massachusetts and established by the Grantor pursuant to the Massachusetts General Laws,Chapter 183A by Master Deed dated April 2, 1999 and recorded April 6, 1999 with the Essex South Registry of Deeds in Book 15588, Page 530,("Master Deed"),as amended of record,which unit is shown on the Floor Plans("Plans")of the Building recorded simultaneously with said Master Deed or Amendment of Master Deed and on a copy of the portion of said plans attached to the first unit deed recorded in said Registry in Book 16628, Page 159 to which is tZ affixed the verified statement of a registered professional engineer architect or land surveyor in the form required N by Section 9 of Said Chapter 183A.Said Unit is conveyed together with: 4 8 1. an undivided 1.2233_percerttlnterest in the common areas and facilities of the property("Common Elements") described in said Master Deed or Amendment to Master Deed attributable to the Unit. In the event that(as provided in the Master Deed)subsequent phases or sub phases are added to the Condominium by Amendment to the Master Deed,the undivided interest of the Unit in the Common Elements shall be and become that k% specified in Schedule D of the Master Deed,as amended. 2. an exclusive right to use such attic,patio,deck or balcony as may be contiguous thereto or as may subsequently be built. Such presently un-built patio or balcony may be built only in those areas referred to as"deck areas for �% the exclusive use of the adjacent unit" on the plans recorded with the Master Deed,or Amendment thereto, and may not be built without the written approval of the Board of Trustees of the Green Dolphin Village ti Condominium Trust. t 3. an easement for the continuance of all encroachments by the Unit on any adjoining Units or common Elements existing as a result of construction of the Building,or which may come into existence hereafter as a mutt of settling or shifting of the Building,or as a result of repair or restoration of the Building or the Unit ,after damage or destruction by fire or other casualty,or by reason of any alteration or repair to the Common ql` Elements matte by or with the consent of the Board of Trustees; 4. an easement in common with the owners of other Units to use any pipes, wires,ducts, flues,cables,conduits, public utility lines and other Common Elements located in any of the other Units or elsewhere on the Property, and serving the Units; V5. an exclusive easement to use for parking that rectangular surface area of the driveway which begins at the exterior surface of the garage door(s)appurtenant to the Unit, for a width of nine feet(9)and having a length of twenty feet(20'); V 6, a semi-exclusive right(if applicable)to use the interior stairwell,staircase and storage area,adjacent to the M Unit,leading from the first floor to the garage; y 7. rights and easements in common with other Unit Owners as described in the Master Deed and Declaration of Easements; Said Unit is conveyed subject to 1. easements in favor of adjoining Units and in favor of the Common Elements for the continuance of all encroachments of such adjoining Units or of Common Elements on the Unit,now existing as a result of construction of the Building,or which may come into existence hereafter as a result of settling or shifting of the Building,or as a result of repair or restoration of the Building or of any adjoining Unit or the Common It�IOCT>NIItANIM,A'1-101 Y` 696 CENTRE STREET ,C ILUCA PLAEN MA 02180-12666 2M20430M Bk ISM P9:432 04/90/2002 14.00!00 DEED PO 212 Elements after damage or destruction by fire or other casualty,or after taking in condemnation or eminent domain proceedings,or by reason of any alteration or repair to the Common Elements made by or with the consent of the Board of Trustees; 2. an easement in favor of the other Units to use the pipes,wires, ducts, flues,conduits,cables,public utility lines and other Common Elements located in the Unit or elsewhere on the property and serving such other Units; 3. exclusive rights in favor of the owners of other Units to use designated parking spaces; 4. exclusive rights in favor of the owners of other Units to use such attic,patio,deck,or balcony presently adjacent to their units or subsequently erected adjacent thereto in accordance with the requirements of the Master Deed,as amended; 5. a semi-exclusive tight(if applicable)to use the interior smirwe!I,staircase and storage area adjacent to the unit leading from the first floor to the garage; 6. the provisions of said Chapter t83A,the Master Deed, Declaration of Trust, Declaration of Easements and the plans of the Condominium recorded simultaneously with and as part of the Master Deed,and any Amendment of the Master Deed,Declaration of Trust, Declaration of Easements or plans as the same may be amended from time to time by instrument recorded in the Essex South District Registry of Deeds,which provisions,together with any amendments thereto, shall constitute covenants turning with the land and shall bind any person having at any time any interest or estate in the Unit,as well as the Unit Owner's family, servants and visitors, as though such provisions were recited and stipulated at length herein; The Unit is intended for residential purposes only. No use may be made of the Unit except as a residence for the Owner thereof or permitted lessees and the members of their immediate families,and no Unit or any portion thereof may be used for any other purpose, except as provided in the Master Deed. BUYER agrees to abide by the limitations concerning resale of the Unit contained in the Condominium Documents of record. BUYER consents to the Developers right,reserved in the Condominium Master Deed,to add additional phases to the condominium in the manner described in the Condominium Documents of record. For grantor's title see deed dated October 8,2000 recorded in the Essex Registry of Deeds in Book 16628, Page 159. W, s n t thi 30th day of April,2002. W YWN 'L Debra M. Perry formerly kn con as Debra M. Mattgini a (n W r W Commonwealth of Massachusetts (0 O N o `O Suffolk, ss W W Date: April 30,2002 d g U Then the �ve Debra M. Petry,formerly known as Debra M. Mangini, who acknowledged the forel 'ng th to be er fr aCt and deed,before me. ober[M. Franklin, Notary Public My Commission Expires: May 30,2008 LOCUS MAP rrwnm arw.arorr oa..anAw � B wrc � tom] rum• .aes t Lu .om -avx wvmu-nw ex mwxr _mnoa.aarws a aro n..r e xvr vrR �: rorty.ws..we wr. rry s pry n. SAIDA �•W BOARD irj• '� b w.ar wAa aroo..r``r .. lOf A ra«ram+u¢o.,r a •�`�,� `"' PLAN OF LAND PeAN P++W ♦ b.,� I r%eP SALEM MARINER VILLAGE CONDOMINIUM MARINER DEVELOPMENT CORPORATION an YarlGd rP•[rMN uio oiTsra 681At�BCAIS. xvi f.wc' xM roar ,ynPlr EXHIBIT C Written Comments of Bruce M. Glinski My name is Bruce M. Glinski. I reside at 33 Cavendish Circle, Unit B, Salem, Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest, Swampscott Road on west and southwest, Whalers Lane on the Northeast, East, and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue, and along those streets is on a daily basis, and especially on weekdays and Saturdays, excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road, which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoon/carly evening commuting hours, traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four/five-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative �w G O enf impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. Carl D.Goodman 152 Lynnway L ghA 01902 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b) that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home and that of all unit owners in the Green Dolphin Village. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four/five-fold increase in daily tonnage, with some days as much as 500 ton, will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300-400 ton/day. Dated: November 23, 2009 Carl D. Goodman, attorney for Bruce M. Glinski 1 dW Office of CBA D.Goodman 152 Lymwey Lynn. 019022 981-597-2016 11/11/2009 WED 12:44 FAX 781 $92 1129 8$UTZER GOODMAN KAUFMAN ft001l905 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite l E Lm,MAssA(HUSkm. ,4 01902 781-593-2016—781-639-$100 781-592-1129 facsimile carl@auorneygoodma-n.com com Carl D.Godman i'acsinU1e tansmitbl To: Kenneth F. Whittaker,Esq. Fax: 617-412-3120 From: Carl Goodman Data: 11-11-09 Re: Pages: Cover+1 cc: Salem Board of Health 978-745-0343 Northside Carting,Inc. 978-686-3086 Please see attached documents 11/11/2009 WED 12:44 FAX 781 592 1129 SEUTZER GOODW AAUFW 11002/008 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway--Suite lE LxNN MAssncHuserrs 01902 781-593-2016- 781-639-8100 781-5921129 facsimile c,arl@atiome)guodman.com Carl D. Goodman By First Class Mail&Facsimile 617-112-3120 November 11, 2009 Kenneth F.Whittaker,Esq. Adorn&'Voss 155 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting, Inc. Application for Minor Modification to Site Assignment (Salem Transfer Station 11-10-09) Dear Mr. Whittaker: Enclosed please find: 1. Supplemental Certificate of Service 2. Motion for Order as to Filing&Service 3. Certificate of Service With respect to the issue of the 500 foot buffer required by 310 CMR§16.40(3)(d)(5)(b), I am enclosing a copy of an unpublished Massachusetts Appeals Court case: Waste Systems International Oxford Transfer Statirm, Inc. v. Board of Health of Oxford,64 MassApp.Ct 1102, 831 N.E.2d 959 (Table),2005 WL 1788887 (July 28, 2005). The case is notable because the Court found that the Board of Health properly considered the setback issue in the context of a modification proceeding and that the Board of Health's consideration of the setback issue was"especially appropriate ...where the DEP was not made aware of the two occupied residential dwellings until after issuing its positive site suitability reportw Very you CARL.D. GOODMAN CDG:hbs cc: Northside Carting,Inc. Salem Board of Health (with enclosures) 11/11/2009 WED 12:45 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0003/008 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) SUPPLEMENTAL CERTIFICATE OF SERVICE 1,Carl D. Goodman,attorney for the Petitioner/Registrant Alan Samiban,certify that I have this day served true and complete copies of. 1. Petition to Intervene and Registration of Abutter ! 2. Notice of Appearance of Carl D.Goodman i By causing such copies to be forwarded by fust class mail and by facsimile this day to: Northside Carting,Inc. 210 Holt Road North Andover,MA 01845 Facsimile: 978-686-3086 CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite 1 E i Seaport Landing Lyme,MA 01902 Tel: (781)593-2016; (781)639-8100 BBO#201720 Dated: November 11,2009 ca.aaxor cane aaa.m lul,7oaaap 0� 11/11/2009 WED 12:45 FAX 781 592 1129 SMUTZER GOODMAN KAUFMAN 2004/008 y COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salcrn Transfer Station 11-10-09) MOTION FOR ORDER AS TO FILING&SERVICE The Intervenor.Alan Samiljan,by his undersigned attorney,moves that an Order issue specifying the method for filing of papers and a service list of parties or their representatives. The Intervenor further moves that an Order issue requiting that all plans and diagrams be filed and served as fu11-size documents and not as reduced 8.5"x 1 I"documents as the plans heretofore filed have been so reduced in size as to be of only limited value. The Intervenor further moves that all projected computer images displayed at the Public Hearings be filed and served as print documents in order that the record may properly reflect all evidence considered by the Board, CARL D.GOODMAN Goodman Law Office 152 Lynnway- Suite I Seaport Landing Lynas,MA 01902 Tel:(781) 593-2016;(781)639-8100 BBO#201720 Dated: November 11,2009 U.C&*.r OAAG do I: oivoa 'SBI-59}apl6 11/11/2009 WFD 12:45 FAX 781 592 112E SMZER GOODMAN KALTMAN @0051008 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of-. Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) CERTIFICATE OF SERVICE I certify that true copies of Intervenor's Motion for Outer as to Filing 8t Service, Intervenor's Cover letter to Kenneth F.Whittaker,Esq.with enclosed case, Intervenor's Supplemental Certificate of Service, and this Certificate of Service,have been served by first class mail and facsimile this day as follows- Board of Health 120 Washington Street Salem,MA 01970 Facsimile:978-745-0343 Northside Carting,Inc. 210 Holt Road North Andover,MA 01845 Facsimile: 978-686-3086 CARL D.GOODMAN Attorney for Intervenor,Alan Samiljan Goodman Law Office 152 Lynnway- Suite IE Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BSO#201720 Dated: November 11,2009 t..omfta 17nLomw LYMMA aim 1NI3�-�16 11/11/2009 WED 12:45 FAX 781 592 1120 SEDTZER GOODMAN KAUFMO 0006/008 Ar , staw 831 N.E.2d 959 Page 1 64 Mass.App.Ct 1102,831 N.E.2d 959,2005 WL 1788887(MassApp,CL) (Table,Text in WESTLAW),Unpublished Disposition (Cite as;64 Mass.App.Ct 1102,2005 WL 1788887(Mass.App.CQ) NOTICE;THIS IS AN UNPUBLISHED OPINION, When WST received its original site assignment in Appeals Court of Massachusetts. 1997,310 Code Mass.Rcas.ti 16.4001d 6 ()994) WASTE SYSTEMS INTERNATIONAL required a distance of at least 250 flet between the OXFORD TRANSFER STATION,INC., "waste handling area" of WSrs facility and any ac- v. copied residential dwelling. (R.A. 39). By the time BOARD OF HEALTH OF OXFORD. WSI applied for modification in 2002, amendments No.04-P-1000. to the regulations had increased that setback distance to 500 feet. See 310 Code Mass Reis 4 July 28,2005. 16.40(3)(d)(5)(b) (2001). The beard rejected WSI's modification application based on the facilitys pre- MEMORANDUMAND ORDER PURSUANT TO mury to two occupied residential dwellings at dis- RULE 1.28 tauten of approximately 380 feet and 490 feet-M (R.A- 39;Pl.'s Br. 7-8). More specifically,the board *1 Since 2001, Waste Systems iaternatonal Oxford concluded that (1) the facilitys inability to comply.' with the 500-foot setback in the amended regulation Transfer Station, Inc, (WSI), has operated a solid precluded approval of the requested modification waste transfer station(facility)in the town of Oxford (RA 50-51);and(2)operation of the modified load. pursuant to the terra of a 1997 site assignment.(R.A. ity in such close proximity to the dwellings would 36-37). In 2002, WSI sougbt to modify its site as- constitute a threat to the public health,safety,or envi- sigoment so that the facility could begin to accept a ronmcut based on increased impads with regard to new type and higher daily tonnage of waste.—(R.A. noise,odors,dust,emissions,litter,vermin,bird haz- 37). Ater the Department of Environmental Pratte- ands to air traffic,and other nuianzo problems(R A. tion(DEP)issued a favorable report on WSrs appli- 51,54-55). cation (RA. 61-62), the Oxford board of health (board) mf n;ed to grant the modification (R.A. 47- FN2 There is no suggestion that the current 57),and a Superior Court judge affitmed the board's version of 310 Code Mass. Rees. 5 decision(RA,208-209). 16.40(3)(d)(S)(b) prevents WSI from con- tinaing to operate the fatuity pursuant to the N)N 1.Under the pertinent regulations,accep- terms of its original site assignmcut, tante of a new type of waste readers the change sought a "major modification" re- On appeal,WSI contends that the board erred in en- piling submission of a new age assignment forcing 310 Code Masa Rtes 4 16 4,WKd)(5)(b)"as application that addresses all criteria of- written,"because DEP did not intend the new setback fected by the modification, to apply where, as here, the proposed modification would not expand tte facility beyond the physical On appeal, WSI maintains that the board erred in footprint of the 1997 site assignment (Pl.'s Br. 16• rejecting the application based on WSrs failure to 28). In support of this convention, WSI relies on a comply with a recently altered setback requirement in Marel. 1999 DEP docurnem discussing the prospec- a DEP regulation because the DEP itself interpreted tive changes to 310 Code Moss ReSL 4 1640 (the the new setback as inapplicable to WSrs proposed ,discussion document), and a March 10, 2003, letter modification. (PL's Br. 16.23). We affirm the Supo- from DEP section chief John Regan(the Regan let rior Court judgment. ter).a Each document indicates that the now 500- 0 2009 Thomson Reuters.No Claim to Orig.LIS Gov,Works. 11/11/2009 WED 12:46 FAX 781 592 1120 SHUTZER GOODMAN KAUFMAN 1007/008 831 N.E.2d 959 64 Mass,App.Ct. 1102,831 N.E2d 959,2005 WL 1788887(Mass.App.Ct,) Page 2 (Table,Test in WESTLAW),Unpublished Dispositian (Cite as:64 Mass.App.Ct.1102,2005 WL 1788887(Mass.App.CL)) foot setback was intended to apply only "where a that the Supreme Judicial Court has cur- new site assignment was needed for an expansion of rendy considered whether § 16.22(2) can an existing facility into an area that emently is not limit the scope of review of a major modifi- site assigned," (R.A, 80.81, 89). The Regan letter cation without offending the statutory man. furtler opines,on that same basis,that WSrs applica- dates of G.L S. 111. 8 ISOA. See Goldb tion is exempt£hent the amended regulation,and sub- v, Board of HeaRh of Granby. 444 Mass. jest only to the old 250-foot setback requirement, 627(200 ,}.However,we need not reach the (R.A. 89). In sum, WSI maintains that its proposed appellate issna framed in Goldberg because modification is grandfathered from compliance with the DEP did not invoke§ 16.220)in the in. the new setback requiremcart We disagree, stant case. M. Both documents were accepted into During the pendency of WSrs application, evidence during proceedings before the the DEP never narrowed the scope of rt, board (RA,40.41). view by indicating in writing that the pro. posed modification did not"affect"a spe- *2 In reviewing WSrs application, the board had a cific criterion. See 4 16.22(2). Moreover, statutory obligation to determine whether WSrs the DEP%eventual report on WSrs appti- modified facility would satisfy the siting criteria set cation addressed all the siting criteria out by DEP regulation.�W TSI tnc. v Board of (R-A, 62) ("The [DEP] has determined Health of N. Andover. 431 Mass. 9, 11.13 (2000). that this site melts the site suitability cri- Sce G.L. e. 111, S 150A; 310 Code Mass. Reds. 5 teria as set forth in 3)0 CMR 16.40(3)(d) 16.40(1)W (200)), In flus determination, the board and 16.40(41 of the Site Regalatioas"}, in was neither bound by the DEP's favorable report or time circumstances, the Regan letter.- WSI's application,see TBL Inc, v.Board ofHealth o£ represents nothing more than a section X.Andover 431 Mass.at 11-12 nor required to defer chiefs opinion, offorcd nearly three to the interpretations of the DEP regulations found in months after the DEP's review was com- the discussion document and Regan lcucr.M See plete, about how the board should inter- F, tnkglstein v Board of Awktration in OntomgtM prot a particular DEP regulation. 370 Masa, 476, 478 (1976) (agency intorprctation taidticd to gce:ttt weight, but"courts will not hesitate Fit,f,.The board's independent review of the to overrule agency interpretations of rues when those regulations seems especially appropriate interpretations are—inconsistent with the plain terms here,where the DEP was not made aware of of the rule itself'). Indeed, the board acted well the two occupied residential dwellings until within its discretion when it applied 310 Code Mass, alter issuing its positive site suitability re- t1M 16A0(3)(di(S)(b) "as wribou," because the pots(RA.37-38).See 7811nc.v Board of clear and unambiguous language of that regulation Health ofN Andover 431 Masa at 113, required a 500-faot setback, and did not include a grandfather clause. See Cohen v Boars( of F1'ater If the DEP had intended to exempt a site assignment -Comrs.,Fire Dist No. 1 S.Hadley.411 Mass,744, modification such as WSI's&nm compliance with the MR 0992 (where regulations are clear and unambi- now 500-foot setback requhemcnt, it could, and guous,no resort to legislative history or intent is war- should, have inserted an explicit grandfather clause meted)- into the regulation. To conclude otherwise would give interpretations such as those contained in the T4 We are unpersuaded by WSrs argu- discussion document and Regan letter the force of ment that the board should not have reached law, and allow the DEP to subvert the mandatory the setback requirement because the Regan rule-making procedure set out by the Legislature in letter represented a DEP determination, is- G.L-c.30A.See Ekkhtmn v Board ofRcgistratfon sued pursuant to 310 Code Mass. &M. in Q2tometiy, 370 Mass. at 478 (agency cannot sub- 16.22(2) (2001),that WSrs proposed mods- stitute aggressive interpretation for role making pro- fication did not affect that particular siting codure provided by the Legislatare); Hramew cz x criterion. (Pl.s Br. 22). We acknowledge DsLarMent 0fEnv11. Frorect(on 410 Mass 548 552 0 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. 11/11/2009 EYED 12:46 FAX 781 592 1129 SRUTZER GOODMAN KAUFMAN 2008/008 831 N.E,2d 959 Page 64 MassApp.Ct-1102,831 N.E.2d 959,2005 WL 1788887(Mass.App.Ct) (Table,Text in WF,STLAW),Unpublished Disposition (Cite as:64 Mass.App.CL 1102,2005 WL 1788887(Mass.App.Ct,)) 1( ft (once having exercised its power to promui- Waste Systems Intern. Oxford Transfer Station, Inc. gate regulations, an agency may not manipulate or v.Board of Health of Oxford expand their content). 64 Mass.App.Ct 1102, 831 N.E.2d 959, 2005 WL 1788887(Mass.App.CL) Even were we to assume that the board's interpreta- tion of the setback regulation was somehow crone. END OF DOCLWP4T Gus,its rejection of WSPs application was still proper on statutory grounds. In addition to regulatory siting criteria, the board has a responsibility to determine whether WSPs modified facility constitutes a danger to the public health,safety,or enviroumcut,based on statutory siting criteria set out by G.L.c. 111, 150A 1/2. See Wood Waste oLBBoston, Inc. y, Board of Health of&enatt, 52 Mass.AM.Ct.330,333 (200). See also TBI, Inc. v. Board of Health of N.Andover, 431 Mass. at 12-13 ("A local board is required to determine whether a proposed site satisfies the crite- ria established in § 150A 1/2 and the AEP regula- tions"[emphasis suPPIW))- *3 Anatag other factors, G.L. c. 111, 6 150A 1/2 requires the board to consider(1)the nature and ex- tent of residential arras in proximity to a proposed site; (2)the potential for adverse impact on air qual- ity; (3) the potential for creation of nuisance condi- tions fium noise, windblown litter, or tho pmiifura- tion of rodents;and(4)the potential for adverse pub- lic health and safety impacts.See G.L.c.i 11,8 154A 1/2 (6), (9)dl1).Despite WSrs argument to the con- trary(PL s Reply Br. 1),the board based its decision on both the regulatory and statutory siting criteria- Although the board structured its decision around the AEP regulatory criteria, the statutory considerations listed in § 150A 1/2 are squarely implicated in the board's finding that operation of WSrs modified fi cility in close proximity to ocaTied residential dwellings would pose a threat to the public health, safety, or environment based on increased impacts with regard to noise, odors, dust, emissions, litter, vermin,bird hazards to air traffic,and other nuisance problems, (ILA. 51,54-55)-Compare G.L o, i 11. 8 150A i/2 (6). (soli),This finding is supported by substantial evidence,particularly where the modifica- tion in question would allow WSI to accept ordinary household trash at the facility for the first time,while also increasing the average daily capacity at the facil- ity by 575 tons.MA 36-37). Judgment affirmed. Mass,App.Ct„2005. 0 2009 Thomson Reuters.No Claim to Orig,US Gov.Works. Ly/ LV/ LVVV L4'{i 4Y V, !(1A IVL JYL 1lLV J¢VILGI, V4VYw/4v f,rtVlwlfl, wiv VilviV LAW OFFICE OF CARL D. GOODMAN 152 Lynn"—Suite 1 F. Lytta.MASMCHUSEWS 01902 781-593-2016»781-0"100 781-592-1129 facsimile carl@attm7teygoodman.com Carl D.Goodman Facsimile transmittal To: Kenneth F.Whittaker,Esq. Fax: 617412-3120 From: Carl Goodman Elate: 11-10-09 Re: Pages: Cover+1 1 cc: Salem Hoard of Health 978-745-0343 I� Please see attached documents:Cover Letter,Petition to Intervene&Registration of Abutter, Appearance. RECEIVED NOV 10 2009 CITY OF s: LEM BOARD OF HEALTH J 11/1V/LVVa7 1VG 14:V1 fA6 f01 VOL 11Ltl JIIVILCA bvvvmY AAVfAAI 4GJVV4/U1V LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite IE LwK Mnss&anuserrs 01902 781-593-2016--781.639.8100 781-592-1129 facsimile rar1®attorneygoodman,rorn Carl D.Goodman By facsimile 617112-3120 and email- kwhittaker@adorno.cm November 10,2009 Kenneth F.Whittaker,Esq. Adorno&Yoss 155 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker. Enclosed please find Petition to Intctvene&-Registration ofAbutter on behalf of Alan Samiljan of Salem, Massachusetts along with my Appearance. I have not indicated a docket number as none of the papers available for public inspection at the office of the Board of Health contained a docket number. Very truly Y010, CARL D.GOODMAN CDG:hbs cc: Salem Board of Health—978-745-0343 facsimile 11/lU/LU(IV LL8 19:V/ rAA /O1 OV4 Lica 3nUILnK bUVJ)nAA MUrnAN WJUVJ/VLV COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Alan Samiljau,owner of the premises Down as 51 Cavendish Circle, Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem,Massachusetts which premises is a portion of the Greco Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road,approximately 200 feet from the transfer station's southern property line.) The legal description of Petitioner's premises is"Unit C,Building 186,in the condominium known as the Green Dolphin Village Condomimurn established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So.District Registry of Dads in Book 15588 Page 530,as amended" In addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan 060 are attached hereto and marked Exhibits"A"and"B"respectively. The individual owner of a condominium unit has )D.Gof C 15?I.L/" _ �.ranMAlu allm f114tl•301Q 11/1V/LVVV LVL 1%.v, rM 101 J01. 11LD aavi A uwvx i naurMi WJVVq/V1V standing to participate in matters affecting the Condominium.Bernstein v. ChiejBuilding Inspector,52 Mass.App.Ct. 422,754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and on the said streets directly affect his access to and egress from his prcmiscs as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman,Esq.,Goodman Law Office, 152 Lynnway—Suite 1 E.Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side strects and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions,noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affcct the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMIUAN By Itis at mey' CARL D.GOODMAN Goodman Law Office 152 Lyanway- Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 L. om>er [ND.G.&w Isltr,wq LM W aim 7y1-ee+.wle xar aVr rV Va avu La•vV aM rVA uoi x140 JAV aGGn VVVYAMr pµ'!$fllr �VVJ/UlU VERIFICATION 1,Cul D.Goodman,attorney for the Petitioner/Registrant,hereby certify under the penalties ofperjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief,I believe the same to be true. Signed under the pains and penalties of perjury this IO h day of November,2009. A gw== Carr D.Goodman CERTIFICATE OF SERVICE I,Carl D.Goodman;attorney for the Petitioner/Registrant,certify that I have this day served true and complete copies of 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D.Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salem,MA 01970 Facsimile:978-745-0343 CARL b.GOODMAN Goodman Law Office 152 Lynnway-Suite IE Seaport Landing Lynn,MA 01902 Tel: (781)593-2016;(781)639-8100 BBO#201720 Dated: November 10,2009 CMA Otc D Owx 7L , .MA 019 [J 2 ur tU-SWQOl6 1u 10iavvo avis. 1Y•00 rnA 104 004 1140 0nV16GA UVUUnAA AAVraAA tg1UUu/Ulm _., 1::.Vfent j-,.,. 4 �i Deed64 III I IlIi1 P,Man 11:aa;ft no ON YWC.Dianne M.Sftrestet,of 7 Jib's way,Peabody.Massachusetts 61960 in consideration ofTbres Hundred Seventy-Five Thousaad and WIOo DOUan($31-%Mt0.00)Dollars pram to Alan SamU}an and Brand&Sam}an,tenants by the entirety of 51 Cavendish Circle,UuU G Sdhtm, MA 01970 VAP~ with QUMLAWCOYE1VANM The Unit known as Unit C,Building 186 (the cleft"),in s Condominium known as the Green Dolphin"Inge Condominium(the oCondomisiam°),established pursuant to Massachusetts General laws,Chapter 103A,as amended,by Master Deed dated April 2.IM and recorded an April 6,1949,with,the Essen South District Registry of Deeds,hook 15588, Page 530,as amended,and having a post office address of 51 Cavendish Circle,Salem, MmsacbusetbL Together with as undIvIdW katerest of.388I'Ya In the cOMOn areas and fret ittes of said Condominium and together with the rights,If any,to exclusive use of say of the common ares and faellittes of sail Condominium as more fully set forth In the oforesskt Master Deed and the First UaU Deed. Togeiber with tke benefit of and sub}ect to the comment&,rentskitioes,editions,rfgbts and obligations set forth or referred to in said Master Deed,First Unit Dead and provisions of the Green Dolphin Village Condominium Trust,its ByIaws and Rum and negulatioas,recorded with said Regbitry of Deeds at Book ISM Page 363, as the some may from time to time be amended by instruments of record The Condominium and each of the DONS is intended for residential purposes and other uses permitted by ilia applicable Zoning Ordinances as set forth to,at,Itmtted by,the Miner Deed. 104411;EEE).S me, For title,we deed recorded with the Essex South Registry of Deals at Book 11260 Page 445, rs ESSEX pSE UTH . x F.xeeoted as a Jaded iasavment ibis Tenth day of April,2007, �tlt/.L'.C$-T�. A�Llusr�s:f-"'- � �:"�4e`^-i43i710.00 '•• Dianne M.Skmid , Commonwealth of Massachusetts Essex,as: On this Tooth day of April,2007,before me,the anderdped notary public, psrsomaUy appeared Dianne M.Skresict,proved to me through satisfactoryevidence of identification,which wen 13 Drivers License;O State ID;0 PmVOr413 Other Govemm of issued ID:0 Other,to be the person whose name is signed on the precoding or attached document,and e it it vohmtarily for Its sped purpose D 1001-13M . p p 111dEA PERRO!X 1-13 N i notary Public ~ tAMatMw#.4cfir ar'v>ar- :zta ,s(,,, sty t:oMAri lv'+ � - Nnanes r.to,s i t �Pill g Pill i! :s a� sit ti r` pLFMQOLn .rVlPrtnnn V9OYnnC eYTT Oen Tnr 'VnJ nn•a'. rt __.. O �^T STT ntn�+nnoa+ ♦ar ave . a�a. ay.vo a..n .va uoc ansa unVa..cn uVVVAM1 "Ur WAtr tPJ VUO(UlU EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle,Unit C, Salem,Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwest,Whalers Lane on the Northeast,East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and Wings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and along those streets is on a daily basis,and especially on weekdays and Saturdays,excessive:. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak mor9ng and late afternoon/early evening commuting hours,traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peals traffic times will have a negative -oa.r impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. IftL wa, LM MA 0190 9,t.3VaM16 11/lUriUU3r 1lG 14:Ua FAA 101 JUZ 11ZV saUiLCa bUUUMAA KAUFMAN 10008/010 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage;with some days as much as 500 ton,will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10,2009 A49 miljan W U.Mail..UMail. u:woo maw 741-591-3016 � « s ;:. ;�vr «w•vv •.w ...r ....r ««rr va.�rvr.. vvvvwaa�. .ua� •�.�� gr/V1V/V1V COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment APPEARANCE OF COUNSEL. Please enter my appearance as attorney for Alan Samiljan in the above-entitled matter. ALAN SAMILJAbPn By his attorney: CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite IE Seaport Landing Lynn,MA 01902 Tel:(781)593-2016; (781)639-8100 BBO#201720 Lo oft.of 1�yeo*"+7 1019 2 oiws +u-svx^.oa LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite IE LYNN,MmmciiusETTs 01902 781-593-2016— 781-639-8100 781-592-1129 facsimile Carl D. Goodman Coreen Sullivan carl®aitoraeygoodman.com csullivan@attomeygoodman.com April 13, 2010 d tom,. Board of Health qp� ��" . 120 Washington Street j? Salem, MA 01970 2 o?0Jo v�vq�FM ATTN: Mr. David Greenbaum, Director y N RE: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment Theophilopoulos et al v.The Board of Health Essex Superior Court Docket No. 2010-00574-A Dear Mr. Greenbaum: Pursuant to Superior Court Standing Order 1-96, please accept this letter as a request for a copy of the transcript of the hearing testimony. Very truly yours, CARL D. GOODMAN CDG:hbs cc: Elizabeth Rennard, Esq. City Solicitor 93 Washington Street Salem, MA 01970 By email brennard®salem.com Northside Carting, Inc. c/o Thomas A. Mackie Mackie Shea O'Brien,PC 420 Boylston Street, Suite 504 Boston, Massachusetts 02116 LAW OFFICE OF CARL, D. GOODMAN 152 Lynnway—Suite IE LWN,MASSACnUSETr8 01902 781-593-2016— 781-639-8100 781-592-1129 facsimile carl@atto ncygoodman.cam Carl D. Goodman By First at i imile 617412-3120 November 11, 2009 �JJ Kenneth F.Whittaker, Esq. Nov 17 2009 Adorno &Yoss , t Jr`sjkL. 0 155 Federal Street raoARj)OF viEAL Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment (Salem Transfer Station 11-1"9) Dear Mr. Whittaker: Enclosed please find: 1. Supplemental Certificate of Service 2. Motion for Order as to Filing&Service 3. Certificate of Service With respect to the issue of the 500 foot buffer required by 310 CMR§16.40(3)(d)(5)(b), I am enclosing a copy of an unpublished Massachusetts Appeals Court case: Waste Systems International Oxford Transfer Station, Inc. v. Board of Health of Oxford,64 Mass.App.Ct. 1102, 831 N.E.2d 959 (Table), 2005 WL 1788887 (July 28, 2005). The case is notable because the Court found that the Board of Health properly considered the setback issue in the context of a modification proceeding and that the Board of Health's consideration of the setback issue was"especially appropriate ... where the DEP was not made aware of the two occupied residential dwellings until-after issuing its positive site suitability report." Very yo CARL D. GOODMAN CDG:hbs cc: Northside Carting,Inc. +5alem Board of Health (with enclosures) COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) SUPPLEMENTAL CERTIFICATE OF SERVICE 1,Carl D. Goodman,attorney for the Petitioner/Registrant Alan Samiljan,certify that I have this day served true and complete copies of I. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarded by fust class mail and by facsimile this day to: Northside Carting,Inc. 210 Holt Road North Andover,MA 01845 Facsimile: 978-686-3086 CARL D.GOODMAN Goodman Law Office 152 Lynnway- Suite I E Seaport Landing Lynn,MA 01902 Tel: (781)593-2016;(781)639-8100 BBO#201720 Dated: November 11,2009 Law o�ar CeA A.Goodman 152 Lym" - Lyoo,MA 619M ?M-591-2016 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) MOTION FOR ORDER AS TO FILING&SERVICE The Intervenor,Alan Samiljan,by his undersigned attorney,moves that an Order issue specifying the method for filing of papers and a service list of parties or their representatives. The Intervenor further moves that an Order issue requiring that all plans and diagrams be filed and served as full-size documents and not as reduced 8.5"x 1 I"documents as the plans heretofore filed have been so reduced in size as to be of only limited value. The Intervenor further moves that all projected computer images displayed at the Public Hearings be filed and served as print documents in order that the record may properly reflect all evidence considered by the Board. CARL D.GOODMAN Goodman Law Office 152 Lynnway- Suite 1 E Seaport Landing Lynn,MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO#201720 Dated: November 11,2009 Lm Ogr=of Gbd D.Goodin 152 Lymwry Lyeo,MA 01902 M8 593-=6 f COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) CERTIFICATE OF SERVICE I certify that true copies of Intervenor's Motion for Order as to Filing&Service, Intervenor's Cover letter to Kenneth F.Whittaker,Esq. with enclosed case, Intervenor's Supplemental Certificate of Service,and this Certificate of Service,have been served by first class mail and facsimile this day as follows: Board of Health 120 Washington Street Salem,MA 01970 Facsimile: 978-745-0343 Northside Carting, Inc. 210 Holt Road North Andover,MA 41845 Facsimile: 978-686-3086 CARL D.GOODMAN Attorney for Intervenor,Alan Samiljan Goodman Law Office 152 Lynnway-Suite 1 E Seaport Landing Lynn, MA 01902 Tel:(781) 593-2016; (781) 639-8 100 BBO#201720 Dated: November 11,2009 1..,Off.0f C.d O.C..dm 152 LYnnw y Ly m,MA 01902 ]81-393-2016 Ry. W s law. 831 N.E.2d 959 Page 1 64 Mass.App.Ct. 1102,831 N.E.2d 959,2005 WL 1788887(Mass.App.Ct) (Table,Text in WESTLAW),Unpublished Disposition (Cite as:64 Mass.App.Ct.1102,2005 WL 1788887(Mass.App.Ct.)) NOTICE:THIS IS AN UNPUBLISHED OPINION. When WSI received its original site assignment in Appeals Court of Massachusetts. 1997, 310 Code Mass.Regs. WASTE SYSTEMS INTERNATIONAL required a distance of at least 250 feet between the OXFORD TRANSFER STATION,INC., "waste handling area" of WSPs facility and any oc- v. cupied residential dwelling. (R.A. 39). By the time BOARD OF HEALTH OF OXFORD. WSI applied for modification in 2002, amendments No.04-P-1000. to the regulations had increased that setback distance to 500 feet. See 310 Code Mass. Reas. & July 28,2005. 16.40(3)(d)(5)(b) (2001)• The board rejected WSPs modification application based on the facility's prox- MEMORANDUM AND ORDER PURSUANT TO qty to two occupied residential dwellings at dis- RULE 1:28 tances of approximately 380 feet and 490 fcetm (R.A. 39; PI's Br. 7-8). More specifically, the board *1 Since 2001, Waste Systems International Oxford concluded that (1) the facility's inability to comply' with the approval setback the amended regulation Transfer Station, Inc. (WSI), has operated a solid precluded approval of the requested modification waste transfer station(facility)in the town of Oxford (R.A. 50-51);and(2)operation of the modified facil- pursuant to the terms of a 1997 site assignment(R.A. ity in such close proximity to the dwellings would 36-37). In 2002, WSI sought to modify its site as- constitute a threat to the public health,safety,or envi. signment so that the facility could begin to accept a ronment based on increased impacts with regard to now type and higher daily tonnage of waste.—(R.A. noise,odors,dust,emissions,litter,vermin,bird haz- 37). After the Department of Environmental Protec- ards to air traffic,and other nuisance problems(R.A. tion(DEP)issued a favorable report on WSPs appli- 51,54-55). cation (R.A. 61-62), the Oxford board of health (board) refused to grant the modification (R.A. 47- FN2 There is no suggestion that the current 57),and a Superior Court judge affirmed the board's version of 310 Code Mass. Reas. & decision(R A.208-209). 16.40(3)(d)(5)(b) prevents WSI from con- FN tinuing to operate the facility pursuant to the tans Under the pertinent regulations,as theep- terms of its original site assignment. +ance of a nevi type of waste renders the change sought a "major modification," re- quiring submission of a new site assignment On appeal,WSI contends that the board erred in en- application that addresses all criteria af- forcing 310 Code Mass.Reps.§ 16.40(3)(d)(5)tb)"as fected by the modification. written,"because DEP did not intend the new setback to apply where, as here, the proposed modification On appeal WSI maintains that the board erred in would not expand the facility beyond the physical rejecting the application based on WSPs failure to footprint p the 1997 site assignment. I relies Bt. a comply with a recently altered setback requirement in Ma In support of this contention, WSI relies p a March, 1999 DEP document discussing the prospec- a DEP regulation because the DEP itself interpreted tive changes to 310 Code Mass. Reg& § 16.40 (the the new setback as inapplicable to WSPs proposed discussion document), and a March 10, 2003, letter modification. (PL's Br. 16-23). We affirm the Supe- from DEP section chief John Regan(the Regan let- rior Courtjudgment ter).' Each document indicates that the new 500- C 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. 831 N.E.2d 959 Page 2 64 Mass.App.Ct. 1102,831 N.E.2d 959,2005 WL 1788887(Mass.App.Ct.) (Table,Text in WESTLAW),Unpublished Disposition (Cite as:64 Mass.App.Ct. 1102,2005 WL 1788887(Mass.App.Ct.)) foot setback was intended to apply only "where a that the Supreme Judicial Court has cur- new site assignment was needed for an expansion of rently considered whether §_L6,22U2 can an existing facility into an area that.currently is not Inuit the scope of review of a major modifi- site assigned." (R.A. 80-81, 89). The Regan letter cation without offending the statutory man- further opines,on that same basis,that WSI's applica- dates of G.L. c. 111, 6 150A See Goldberg tion is exempt from the amended regulation,and sub- v Board of Health of Granby 444 Mass. ject only to the old 250-foot setback requirement. 627 2005 .However,we need not reach the (R.A. 89). In sum, WSI maintains that its proposed appellate issue framed in Goldberg because modification is grandfathered from compliance with the DEP did not invoke§ 16.2 in the in- the new setback requirement.We disagree. stant case. FN3. Both documents were accepted into During the pendency of WSI's application, evidence during proceedings before the the DEP never narrowed the scope of re- board.(RA.40-41). view by indicating in writing that the pro- posed modification did not"affect"a spe- *2 In reviewing WSPs application, the board had a cific criterion. See § 16.22(2). Moreover, statutory obligation to determine whether WSPs the DEP's eventual report on WSPs apph- modified facility would satisfy the siting criteria set cation addressed all the siting criteria, out by DEP regulations M' TBI Inc. v Board of (RA. 62) ("The [DEP] has determined Health of N Andover, 431 Mass. 9, 11-13 (2000). that this site meets the site suitability cri- See G.L. c. 111, & 150A; 310 Code Mass. Regs. S tens as set forth in 310 CMR 16.40(3)(d) 16,40(1)(b) (2001). In this determination, the board and 16.40(4)of the Site Regulations").In was neither bound by the DEFs favorable report on these circumstances, the Regan letter' WSPs application,see TBI Inc v.Board ofHealth of represents nothing more than a section N Andover,431 Mass.at I 1-12,nor required to defer chiefs opinion, offered nearly three to the interpretations of the DEP regulations found in months after the DEP's review was com- the discussion document and Regan letterm See plete, about how the board should inter- Finkelstein v Board of Registration in Optometry, pret a particular DEP regulation. 370 Mass. 476, 478 (1976) (agency interpretation entitled to great weight, but"courts will not hesitate FN5.The board's independent review of the to overrule agency interpretations of rules when those regulations seem especially appropriate interpretations are... inconsistent with the plain terms here,where the DEP was not made aware of of the rule itselr'). Indeed, the board acted well the two occupied residential dwellings until within its discretion when it applied 310 Code Mass. after issuing its positive site suitability re- Regs. 16.40(3)(d)(5Nb) "as written," because the port.(R.A.37-38).See TBI, Inc. v.Board of clear and unambiguous language of that regulation Health ofN.Andover,431 Mass.at 12-13- required a 500-foot setback, and did not include a grandfather clause. See Cohen v Board oL Water If the DEP had intended to exempt a site assignment Cammrs Fire Dist No 1 S Hadley 4l 1 Mass.744, modification such as WSI's from compliance with the 749(1992) (where regulations are clear and unambi- new 500-foot setback requirement, it could, and guous,no resort to legislative history or intent is war- should, have inserted an explicit grandfather clause ranted). into the regulation. To conclude otherwise would give interpretations such as those contained in the FN4. We are unpersuaded by WSI's argu- discussion document and Regan letter the force of ment that the board should not have reached law, and allow the DEP to subvert the mandatory the setback requirement because the Regan rule-making procedure set out by the Legislature in letter represented a DEP determination, is- G.L.c.30A.See Finkelstein v. Board ofRegistration sued pursuant to 310 Code Mass. Rens. 4 in OpIgmelM 370 Mass. at 478 (agency cannot sub- 16.22(2) (2001), that WSPs proposed 1110di- stitute aggressive interpretation for rule making pro- fication did ant affect that particular siting cedure provided by the Legislature); Warcewicz v. criterion. (Pl.'s Br. 22). We acknowledge Department ofEnvtl. Protection 410 Mass.548,552 0 2009 Thomson Reuters.No Claim to prig.US Gov.Works. 831 N.E.2d 959 Page 3 64 Mass.App.Ct 1102,831 N.E.2d 959,2005 WL 1788887(Mass.App.Ct.) (fable,Text in WESTLAW),Unpublished Disposition (Cite as: 64 Mass.App.Ct.1102,2005 WL 1788887(Mass.App.Ct.)) U599 n (once having exercised its power to promul- Waste Systems Intern Oxford Transfer Station, Inc. gate regulations, an agency may not manipulate or v.Board of Health of Oxford expand their content). 64 Mass.App.Ct. 1102, 831 N.E.2d 959, 2005 WL 1788887(Mass.App.Ct.) Even were we to assume that the board's interpreta- tion of the setback regulation was somehow errone- END OF DOCUMENT ous,its rejection of WSI's application was still proper on statutory grounds. In addition to regulatory siting criteria, the board has a responsibility to determine whether WSI's modified facility constitutes a danger to the public health, safety,or environment,based on statutory siting criteria set out by G.L. c. 111, 150A 1/2. See Wood Waste of Boston. Inc. v. Board of Health of Everett. 52 Mass.Aou.Ct. 330,333 (2001). See also TBI. Inc. v. Board of Health ofN.Andover. 431 Mass. at 12-13 CA local board is required to determine whether a proposed site satisfies the crite- ria established in § 150A 1/2 and the DEP regula- tions"[emphasis supplied]). *3 Among other factors, G.L. c. 111. 6 150A 1/2 requires the board to consider (1) the nature and ex- tent of residential areas in proximity to a proposed site; (2) the potential for adverse impact on air qual- ity (3) the potential for creation of nuisance condi- tions from noise, windblown litter, or the prolifera- tion of rodents;and(4)the potential for adverse pub- lic health and safety impacts.See G.L.c. 111.§ 150A 1/2 (6).(9)-(11).Despite WSrs argument to the con- trary(Pl.'s Reply Br. 1), the board based its decision on both the regulatory and statutory siting criteria. Although the board structured its decision around the DEP regulatory criteria, the statutory considerations fisted in 1_150A 1/2 are squarely implicated in the board's finding that operation of WSfs modified fa- cility in close proximity to occupied residential dwellings would pose a threat to the public health, safety, or environment based on increased impacts with regard to noise, odors, dust, emissions, litter, vermin,bird hazards to air traffic,and other nuisance problems. (RA. 51,54-55). Compare G.L. c. 111. § 150A 1/2 (6), (9)411). This finding is supported by substantial evidence,particularly where the modifica- tion in question would allow WSI to accept ordinary household trash at the facility for the first time,while also increasing the average daily capacity at the facil- ity by 575 tons.(R.A.36-37). Judgment affirmed MassApp.Ct,2005. ®2009 Thomson Reuters.No Claim to Orig.US Gov.Works. AFFIDAVIT OF SERVICE I, Alan D. Hanscom,hereby certify under the pains and penalties of perjury that on October 20,2009 I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEF Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A request for the minor permit modification to the existing Site Assignment was filed with the Salem Board of Health by the City of Salem and Northside Carting, Inc. on June 23, 2009. A Notice of Public Hearing for this minor permit modification was delivered on October 20, 2009 to the abutters of the subject property located at 12 Swampscott Road. The Notices of Public Hearing were delivered in accordance with the Massachusetts Department of Environmental Protection solid waste regulations Section 16..20(7)(6), which state that notice of the public hearing must be delivered to the abutting properties at least 21 days prior to the public hearing (Tuesday, November 10,2009). The form of the notification, and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. BETA GROUP, INC. 3iin D. Hanscom, LSP Date" Salem Transfer Station List of Abutters Receiving Notice of Public Hearing i_ Location Owner Co-Owner Mailing Address Acknowledged Notice 319 Highland Richmond Highland Salem LLC Irving Oil Corp. P.O. Box 839 Calais, ME 04619 Certified Mail Receipt) 329 Highland Ave Hutchinson Medical 331 Highland Ave Hutchinson Realty/McAuliffe 333 Highland Avenue 11 333 Highland Ave Thomas McAuliffe Salem, MA 01970 (Returned signed notice) 347 Highland Ave Northeast Animal Shelter 347 Highland Avenue 11 Salem, MA 01970 (By email 9 Cedar Rd John M Ingemi Realty Trust 381 Highland Avenue 15 Cedar Rd Salem, MA 01970 3 Swampscott Rd Salvatore Spinale Ann Spinale 1 Dipietro Avenue Salem, MA 01970 Returned signed notice 36 Swampscott Rd 150 Presidential Way 38 Swampscott Rd NSSS Limited Partnership The Dolben Company Woburn, MA 01801 52 Swampscott Rd 11/29/2009 MON 19:10 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN (6002/014 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1 E LYNN,MASisw usp.= 01902 781-5913-2016— 781-0". 100 781-592-1129 facsimile c,arl@attomiygoodman.com Carl D. Goodman Facsimile transmittal To: Kenneth F. Whittaker,Esq. Fax: 617412-3120 From: Carl Goodman Date: 11-23-09 Re: Pages: Cover+ 12 cc: Salem Board of Health 978-745-0343 Northside Carting,Inc. 978-686-3086 Please see attached documents: Cover Letter,Petition to intervene 8c Registration of Abutter, Appearance. 11/29/2009 HON 13:10 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0003/014 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1E LYNN,MAmcxusETrs 01902 781-593-2016--781.699-8100 781-592-1129 facsimile Car1@aU0rneygtro11man.rmn Carl D.Coodman By facsimile 617412-3120&FedEx Nextday November 23, 2009 Kenneth F.Whittaker, Esq. Adorno &Yoss 15.5 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting, Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker: Enclosed please find Petition to Intervene &Registration of Abutter on behalf of Bruce M. Glinski of Salem, Massachusetts on his own behalf and as he is Trustee of the Green Dolphin Village Condominium along with my Appearance on behalf of Mr. Glinski and the organization of unit owners. The originals of these documents are being forwarded to the Board of Health with copies to Northside Carting,Inc. as set forth in the Certificate of Service attached to the Petition. Very trul your , CARL D.GOODMAN CDG:hbs cc: Salem Board of Health—978-745-0343 facsimile&FedEx Nextday Northside Carting,Inc.-978-186-3086 facsimile&FedEx Nextday ' 11/23/2009 MON 13:10 FAX 781 592 1129 SHUTM GOODMAN KAUFMAN 0004/014 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway-Suite 1 E LYNN,MA&%ACHusETrs 01902 781-593-2016—781-639-8100 781592-1129 facsimile car!®auorneygoodman.com Carl D. Goodman By facsimile &Fed)Ex Nextday November 23, 2009 Board of Health 120 Washington Street Salem,MA 01970 ATTN;Mr.David Greenbaum,Director RE: Salem Transfer Station/Northside Carting, Inc. Application for Minor Modification to Site Assignment Dear Mr. Greenbaum: Enclosed please find Petition to Intervene&Registration of Abutter on behalf of Bruce M. Glinski of Salem, Massachusetts on his own behalf and as he is Trustee of the Green Dolphin Village Condominium along with my Appearance on behalf of Mr. Glinski and the organization of unit owners. Very yours CARL D. GOODMAN CDG:hbs cc: Kenneth F.Whittaker,Esq.—978-617412-3120 facsimile&FedEx Nextday Northside Carting,Inc.-978.68&3086 facsimile&FedEx Nextday 11/29/2009 MON 19:10 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0005/014 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) APPEARANCE OF COUNSEL Please enter my appearance as attorney for Bruce M.Glinski,Individually and as he is Trustee of the Green Dolphin Village Condominium Trust,in the above-entitled matter. BRUCE M. GLINSKI, Individually and as Trustee of Gran Dolphin Village Condominium By his attorney: CAL D. GOODMAN Goodman Law Office 152 Lynnway- Suite I E Seaport Landing Lynn,MA 01902 Tel:(781) 593-2016;(781)639-8100 BBO#201720 u.om.or C.M.Gadd. IS2 Lrmay Lym,MA 01905 1!I.54Sd016 11/23/2009 MON 13:10 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN U006/014 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of. Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Bruce M.Glinski,Trustee of the Green Dolphin Village Condomonium Trust,and individually as the owner of the premises known as 33 Cavendish Circle,Unit B, Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: i. Petition is a Trustee of the Green Dolphin Village Condominium Trust,the organization of unit owners of the Green Dolphin Village Condominium, and is authorized by the Board of Trustees to file the within Petition onbehalf of the organization.of unit owners,and he is the owner of that certain parcel of land known as and numbered 33 Cavendish Circle,Unit B, Salem,Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road, approximately 200 feet from the transfer station's southern property line.) The legal. description of Petitioner's premises is"Unit B,Building 185,in the condominium known as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So. District Registry of Deeds in Book 15588 Page 530, as amended." In addition,the Petitioner holds a 1.2233%undivided interest in the common I aw...r GI O.Q.J..n 152 Ly y Lr&M 01902 t6633YW10 11/23/2009 MON 13:11 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0007/014 areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan #60 are attached hereto and marked Exhibits"A"and"B" respectively. The Petitioner has standing both as representative of the organization of unit owners and as an individual owner of a condominium unit to participate in matters affecting the Condominium.Bernstein v. Chig(Building Inspector,52 Mass.App.Ct. 422, 754 N.E.2d 133 (2001). 2. The owners of the various condominium units at the Green Dolphin Village Condominium and the Petitioner, individually,will be specifically and substantively affected by the hearing. 3. Petition further states that he and the unit owners represented by the organization of unit owners will be specifically and substantively affected by the heating as the traffic impact on the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue, and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq.,Goodman Law Office, 152.Lynnway—Suite 1 E,Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health, 6. The proposed Facility will cause an increase in vehicular emissions, noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. S. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. lay.G.ofmvi CA52 Ly..Ay 1. A, M9 MA 01fVOi velsoa.mlc 11/23/2009 MON 18:11 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0008/014 BRUCE M. GLINSKI, Individually and as Trustee of Green Dolphin Village Condominium By his attorney: CARL D, GOODMAN Goodman Law Office 152 Lynnway- Suite I Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016;(781)639-8 100 BBO#201720 VERIFICATION 1,Carl D. Goodman,attorney for the Petitioner/Registrant,hereby certify under the penalties of perjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief, I belicve the same to be true. Signed under the pains and penalties of perjury this 23rd day of November,2009. Carl D./Goodman IUO;ype[ CLIt Ly.. y ISi Lyn,{MA NMA 01902 "1-5914016"1-59140169149MM4 - --- - 0009/014 11/23/2009 HON 19:11 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN CERTIFICATE OF SERVICE 1,Carl D. Goodman,attorney for the Petitioner/Registrant, certify that I have this day served true and complete copies of: 1. Petition to intervene and Registration of Abutter 2. Notice of Appearance of Carl D.Goodman By causing such copies to be forwarded by facsimile this day and by FedEx nextday service to: Board of Health 120 Washington Street Salem,MA 01970 Facsimile: 978-745-0343 Northside Carting,Inc- 210 na210 Holt Road North Andover,MA 01845 Facsimile:978-686-3086 CARL D.GOODMAN Goodman Law Office 152 Lymtway-Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 Dated: November 23,2009 Lw OBue W C IU.(ODdm 153 Lp .Y LSm.MA 01902 16L545-2016 ' 11/23/2008 HON 13:11 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 1&10/014 AMINOR e: 1 -31611 EX THE G/t€€N DOIBI V4 VILLAGE CONDOMINIV, 11111 I 111y1,! 4 uNfr EED �� 9 :IN PI:�3t N �_ 0sfaataasa ,4 aa:aa OW Pa 112 Debra M. Perry frinf rly known as Debra M.Mangita of Salam,Essex County,Massachusetts,('Grantor")for consideration of S 5323,000 paid grants to Bitter:M.Glinski and Maria R.Glinski of 33 Cavendish Circle,Unit 1950.Saleem,MA 01970 with Quitclaim Covenants the unit known as No.B('Unit")in Building No. 185 ('Building')in Phase V14 in Gram Dolphin Village Condominium("Condominium")located in Salem Essex County,Massachusetts and nstablisbod by The Crramat pnasuant to the Massachusetts General Laws,Chatter 133A by Master Deed dated April 2, 1994 and rocordod April 6, 1999 with the Essex South Registry of Decds in Book 155U,Page 530,.('Masaer Dad"),as amended of facord,which unit is shown an the flour Plans('Ptare)of the Building recorded simultaneously with said Master Deed or Amendment of Master Deed and on a copy of the portion of said phos anac sex!to the first unit dad recorded in said Registry in Book 16628.Page 159 to which is p affixed the verified statement of a registered professional engineer architect or land surveyor in the form required aby Section 9 of Said Chapter 1 g3A.Said Una is conveyed together with: 6 1. an undivided I.2233_pareeM interest in the common areas and facilities of the property('Gottron Elements") described in said Mater Deed or A>madnneat to Master Decd attributable to die Unit.to die event that(as provided in the Master Dead)subsequent phases or sub phases arc added to the Condominium by Amendment to the Master Deed,the undivided interni of die Una in the Common Elements shall be and become that �. specified in Schedule D of the Master Deed,as amended. 2 an exclusive right to use such aide,patio,dock or balcony as may be contiguous thereto or as may subsequently Sbe built.Such presently an-built patio or balcony may be built only in thou areas re£enrel to as"dock areas for �. the exclusive use of the adjacent unit"on the plans recorded with the Master Dad,or Amendment thereto,and may not be built without the wrinen approval of the Board of Tmstees of the Green Dolphin Village C4womw=Tnnat, 3. an easemm a far the continuance of all arxcroachments by&a Unit urn any adjoining Units Or common Elements existing as a result of corutraction of the Building,or which may come info existence hereafter as a result of setting w shitting of the.Building,or as a result of repair or restoration of do HWding or the Unit after damage or destruction by free or other casualty,or by reason of any alteration or repair to the Common ttl` Elements matte by or with the consent of the Board of Trustees; 4. an aasontent in emotion with the owners of otter Units in use any pipes,wires,ducts, huts,cables conduits Public utility tides and other Common @lements located in arty of de odor Units Of elsewhere on the Property. KA serving at Unim 5. ao exclusive uaeament to use for parking that ort enguler surface area of the driveway which begins at the exterior snrfaee of the garage doors)appwtmm t to the Unit, for a width of nine feet(9)and having a length of 4 twenty fact(20'); V 6, a semi-exclusive tight(if applicable)to use the interior usitwell,staircase and stooge� (� � area,adjacent o the MUnit,leading flour the fire floor to the garage; 7, rights and easements in common with other Unit Owners as described in the Maser DeW and Declaraihen of Faseneots: Said unit is conveyed subject to 1. easederes in favor of adjoining Units and in favor of do Common Elements fordo continuance of all encroachments of ouch adjoining Units or of Common Elements on the Unit,now existing as a result of construction of the Building,of wbub may crone into cxittmm hereafter as a result of settling or sbi th"ll of the Building,or as a nsnit of repair or restoration of the Building or of any adjoining Unit or the Common ROIML INFL R M,ATf0 W aeacasata>:t III ,tAMAICA PLAni NA 02MO.2&a 11/29/2009 MON 13:12 FAX 781 592 1129 SIIUTZER GOODMAN KAUFMAN X0111014 2184143 68822 WING P9,432 6408412Ma WW" am Is 212 Elements aft damage at destruction by fire or other casualty,or aft taking in condemnation or eminent domain proceedings,or by reason of any alteration or repair to the Common Elements made by or with the consent of the Board of Trustces; 2. an easement in favor of the oder Units to use the pipes,wires,duds,flues,conduits,cables,public utility lines and other Common Elements located in the Unit or elsewhere on the property and serving such otter Units; 3. exclusive rights in favor of the owners of odw Units to use designated parking spaces; 4. exclusive rights in favor or the owners of other Units to use such attic,patio,deck,or balcony presently adjacent to their units of subsequently erected adjacent therao in accordance with the requirdnems of the Mester Deed,as amended; 5. a serni-exclusive right(if applicable)to use the interior smirwe!l,steirease and aatage area adjacent to de unit leading from the fust floor to the Menge: 6. the provisions of said Cbepeer t83A,de Master Dood.Declsration ofTrust oalaation of E ements and the plans of the Condominium recorded simultaneously with and as pert of the Master Deed,and any Amendment of the Master Dead,Declaration of Trust,.Declaration of Eamme is or plans as the same may be amended from now to time by instrument recorded in the Essex South District Registry,of Deeds,which provisions,together with any amcedawnts theme.shall constitute covenants naming with the land and shall bind any person having at any time any interest or estate in the Unit,as well as the Unit Owner's family,servants and visitors,as though such provisions were recited and stipulated at length hacin, The Unit is intended for residential purposes only. No use may be made of the Unit except as a residence for the Owner thereof or permittedlessoes and the members of their i umcdtate families,and no Unit or any potion thereof may be used for army other purpose,except as pwvidcd in the Master Deed. BUYER Wca to abide by the limitations concerning resale of the Unit contained in the Condominium Documents of record. BUYER consents to the Developa's right,reserved in the Condominium Master Deed to add additional phrases to the condominium in the manner described in the Condominium Documents of record For grantor's title we dead dated October 8,2000 recorded in the Essex Registry of Deeds in Book 16628.Page 159. 'r ffi W' j13h day of April.2002. G9�vil = N Debts M.Percy formerlyim war as Debra M.Maagini ¢JW fi X Comm omwenit6 of Massachusetts 00 a Suffolk ss W N fi Dae: April 30,2002 W $ U Thea the veanDebta M. Petry,formerly known as Debra M. Mmginb who eclmowledged etc og ni to and dead before mr— Robert M.Fr6lcln. Nagy Public My Conanission Expires: May 30,2008 llf .3/2009 MON 19,12 FAX 791 592 1129 SHUTZER GOODMAN KAUFMAN Zalzrala r LZA 4 oj4 H1131T -6 ►=q N!I �► Aid I 0� f PO F ♦ ' � d a � 11/23/2009 MON 13:12 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0013/014 EXHIBIT C Written Comments of Bruce M. Glinski My name is Bruce M. Glinski. I reside at 33 Cavendish Circle,Unit B, Salem, Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwest,Whalers Lane on the Northeast, East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue,and along those streets is on a daily basis,and especially on weekdays and Saturdays, excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoordearly evening commuting hours,traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four/five-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road.- I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase, I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative L. 0&.0 impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. CM M UWGy 172 L7uq Ly4 M 01402 711-393-2016 11/23/2009 HON 13:10 FAX 791 592 1129 SHUTZER GOODMAN KAUFMAN 10014/014 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home and that of all unit owners in the Green Dolphin Village. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four/five-fold increase in daily tonnage,with some days as much as 500 ton,will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300-400 ton/day. Dated: November 23,2009 Carl D. Goodman, attorney for Bruce M. Glinski wa CYI U..�ImmW901N 37 ymg L MA 0102 181-39]-7016 11/11/2009 WED 12:47 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN (001/008 1 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1 E I.»NN,MJ0,UCHU5t TT5 01902 781-593.2016—781-6.19-8100 781-592.1129 facsimile cari@attm7teygoodmaiz.com Carl D. Goodman Facsimile transmittal To: Kenneth F. Whittaker,Esq. Fax: 617-412-3120 From: Carl Goodman Date: 11.11.09 Re: Pages: Cover+1 cc: Salem Board of Health 978-745-0343 Northside Carting,Inc. 978.686.3086 Please see attached documents 11/11/2009 WED 12:08 FAX 781 $92 1129 SRUTZER GOODMAN KAUFMAN 0002/008 LAW OFFICE OF CARL D. GOODMAN 152 I.ynnway-Suite 1E LWN,MAssncttUSEM 01902 781-593-20I6-781-639-8100 781-592-1129 facsimile carIftaorneygoodnan.con Carl D.Goodman By First Clan Mail&Facsimile 617-412-3120 November 11, 2009 Kenneth F.Whittaker, Esq. Adomo&Yoss 155 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment (Salem Transfer Station 11-10-09) Dear Mr.Whittaker. Enclosed please find: 1. Supplemental Certificate of Service 2. Motion for Order as to Filing&Service 3. Certificate of Service With respect to the issue of the 500 foot buffer required by 810 CMR§16.40(3)(d)(5)(b), I am enclosing a copy of an unpublished Massachusetts Appeals Court case: Waste Syttens International Oxford Transfer Station, Inc. v. Board of Health of Oxford,64 Mass App,Ct. 1102, 831 N,E.2d 959 (Table),2005 WL 1788887 (July 28,2005). The case is notable because the Court found that the Board of Health properly considered the setback issue in the context of a modification proceeding and that the Board of Health's consideration of the setback issue was"especially appropriate ...where the DEP was not made aware of the two occupied residential dwellings until after issuing its positive site suitability report., Very CARL D.GOODMAN CDG:hbs cc: Northside Carting,Inc. Salem Board of Health (with enclosures) 11/11/2009 WED 12:48 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 9003/008 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) SUPPLEMENTAL CERTIFICATE OF SERVICE 1,Carl D.Goodman,attorney for the Petitioner/Registrant Alan Samiljan;certify that I have this day served true and complete copies of 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D.Goodman By causing such copies to be forwarded by fust class mail and by facsimile this day to: Northside Carting,Inc. 210 Holt Road North Andover,MA 01845 Facsimile:978-686-3086 CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite 1 E Seaport Lending Lynn,MA 01902 Tel: (781)593-2016;(781)639-8100 HBO#201720 Dated: November 11,2009 1.0re,9f CMD Oho Nv,.IM 01901 1l139.4�010 11/11/2009 WED 12:48 FAX 781 392 1129 SHUTZER GOODMAN KAUFMAN 0004/008 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) MOTION FOR ORDER AS TO FILING&SERVICE The Intervenor,Alan Samiljan,by his undersigned attorney,moves that an Order issue specifying the method for filing of papers and a service list of parties or their representatives. The Intervenor further moves that an Order issue requiring that all plans and diagrams be filed and served as full-size documents and not as reduced 8.5"x I I"documents as the plans heretofore filed have been so reduced in size as to be of only limited value. The Intervenor further moves that all projected computer images displayed at the public Hearings be filed and served as print documents in order that the record may properly reflect all evidence considered by the Board. CARL D.GOODMAN Goodman Law Office 152 Lymhway-Suite I E Seaport landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 Dated: November 11,2009 oao.cmane isr cs�w o„m 'HI•N17016 11/11/2009 WED 12:48 FAX 781 592 1129 SKUTZER GOODMAN KAUFMAN @1005/008 t COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment (Salem Transfer Station 11-10-09) CERTIFICATE OF SERVICE I certify that true copies of Intervenor's Motion for Order as to Filing Service, Intervea nes Cover letter to Kenneth F.Whittaker,Esq.with enclosed case, Intervenes Supplemental Certificate of Service,and this Certificate of Service,have been served by first class mail and facsimile this day as follows: Board of Health 120 Washington street Salem,MA 01970 Facsimile: 978-745-0343 Northside Carting,Inc. 210 Holt Road Borth Andover,MA 01845 Facsimile:978-686-3086 CARL D.GOODMAN Attorney for Intervenor,Alan Samiljan Goodman Law Office 152 Lynnway-Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016,(781)639-8100 BBO#201720 Dated: November 11,2009 UW offhe a1 QA Ob . r3iWm�ay Orap)ai u 761.}91-Mib _ _ _. --- -- 11/11/2009 WED 12:48 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN tAoosroos W6stlaw,,. 831 N.E.2d 959 Page 1 64 Mass.App.CL 1102,831 N.E2d 959,2005 WL 1788887(Mass.App.Q.) (Table,Text in WP-STLAW),Unpublished Disposition (Cite Aa:64 Mass.AppXL 1102,2005 WL 1788817(Mass.App.CQ) NOTICE:THIS IS AN UNPUBLISHED OPINION. When WST received its original site assignment in Appeals Court of Massachusetts. 1997,310 Code Maas.Rayls 6 16.493)(d)(,¢1(19441 WASTE SYSTEMS INTERNATIONAL required a distance of at least 250 fret between the OXFORDTRANSFER STATION.INC., "waste handthro area'of WSPs facility and any oc- v. copied residential dwelling. (R.A. 39). By the time BOARD OF HEALTH OF OXFORD. WSI applied for modification in 2002, amendments No.04-P-3090. to the regulations had increased that setback distance to 500 few. See 310 Code_ Man. Rags. S July 29,2005. 16.40f3)(d)(5)(b) (20011. The board rejected WSTs modification application based on the facititys prox- AlEMORANDUMAND ORDER PURSUAA TTO imity to two occupied residential dwellings at dis- fa RULE 1:28 rces of approximately 390 fact and 490 feeLIM iR a 39,PI:s Br. 7-8). More specifically,the board *1 since 2001,Waste Systems international Oxford conch" that (1) the facilitys inability to comply Transfer Station, Inc. (WSI), has operated a solid with the approval setback a therequested amended modification waste transfer station(facility)in the town of Oxford Precluded approval of the requested modification pursuant m the terms of a 1997 site assignment.OLA. Ity(RA.50-51);and(Z)operation theof dwellings edified ouid 363 In 2002, WSI ht to modify its site as- co m such cbse proximity to the safer , would �� 4O"1 constitute a Meet m the pttbtfa health,safety,or envi- sigomow so that the facility could begin to accept a ronment basad on increased unpacts with regard to new type and higher daily tonnage of vaiste p(R.A_ noise,odors,dust,emissions,litter,vermin,bird baz- 37). Aller the Department of Environmental Protea aide to air traffic,and other nuisance problems(R.A. tion(DEP)issued a favorable report on WSPs appli- 51.54-55). cation (RA. 61-62), the Oxford board of health (board) refused to grant the modification(R.A. 47- FN2 There is no suggestion that the curreat 57),and a Superior Court judge affirmed the board's version of 3 10 Code Mass, Rees. 8 decision(ILA.208-209). 16.40(3 d)(5)tb) prevents WSI from con. tmmnl to operate the facilityFNI.Under etre pertinent regulations,acccp- original Bice assignment rat to the tam of a new type of waste renders the toms of change sought a `"major modification," re, On appeal.WSI contends that the board erred in an- quiting submission of a new site assigrantat forcing 3_10 Code Mass,Ergs 5 16,400)(4)(5)(b)"as application that addresses all criteria af- fected by the modification. written,"because DEP did not intend the pew setback o apply where, as fine. the proposed modification On WSJ rnaintains that the board erred in would not expand the facility beyond the physical appeal footprint of the 1997 site assignment. (PI.'s Br. 16- rejecting the application based on WSTs failure to 28). in support of this amteation, WST rets on a comply with a recently altered setback requitement in March, 1999 DEP document discussing the prospec- a DEP regulation because the DEP itself interpreted fire changes to 3I0 Code Mass. Rens. 6 16.40(the the new setback as inapplicable to WSPs proposed discussion document), and a Match 10, 2003, leets modificadon. (Pt.'s Br. 16-23). We affirm the Supc- from DEP section chief John Rogm(the Rogan let- riorCounjudgment ter).DO Each documem indicates that the new 50D- Q 2009 Thomson Reuters.No Claim to Orig.US Gov.Works. 11/11/2009 WED 12:49 FAX 781592 1129 SHUTZER GOODMAN KAUFMAN 2007/008 831 N.E.2d 959 Page 2 64 MasaApp.Ct. 1102,831 N.E.2d 959,2005 WL 1788987(Mass.App.CL) (Table,Text In WESTLAVI),Unpublished Disposition (Cite as:64 Mass.App.Ct.1102,2005 WL 1788887(Moss.Appxt.)) foot setback was intended to apply only "where a that the Supreme Judicial Court has our- now site assignment was needed for an expansion of ready considered whetter ft 16.22 can an existing facility into an area that currently is not limit the scope of review of a major modiH. site assigned," (R.A. 80-81, 89). The Regan letter cation without offending the statutory man- further opines,on that same basis,that WSI's applica- dates of 0.1,.c 1 11. ¢15 . See tion is exempt from the amended regulation,and sub- v. Board of Health o!Granby. 444 Mass ject only to the old 250-foot setback requiremeaL 627(20051.However,we need not reach the (R.A. 99). In sum, WSJ maintains that its proposed appellate issue Gamed in Goldberg because modification is grandfathered from compliance with the DEP did not invoke 5 1_ 6.22(21 in the in- the new setback requirement.We disagree. Stant case. FM. Doth documents were accepted into During the pendency of WSrs application, evidence during proceedings before the the DEP never narrowed the scope of re, board.(R.A.4041). view by indicating in writing that the pro. Posed modification did not"affect"a spe. •2 In reviewing WSPs application, the board had a cific criterion. See 1 16.22(2 . Moreover, statutory obligation to detetmatc whether WSPs the DEP's eventual report on WSPS appli- modified facility would satisfy the siting criteria set cation addressed all the siting criteria out by AEP reguladom.12M M /_nc. v Board of (RA. 62) C'7'lre [DEP) has determined Health of N. Andover 431 Maes 9 11-13 (2000), that this site meets the site suitability cri. Sce G.L, c. 111, 6 150A; 310 Code Moss. &a. 8 teria as set forth in 310 CMR 16.40(3)(d) 40 l)(b) (200)). In this determination, the board and 16.40(41 of the Site Reguhttions'j. In was neither bound by the DEP's favorable report on tltese circumstances, the Regan letter WSPs application,see 7$1 Inc.v.Board of Health of represents nothing more duan a section N.Andover.431 Mass.at 11.12,nor required to defer chiefs opinion, offered nearly three to the interpretations of the DEP regulations found in months after the DEP s review was com- the discussion document and Regan leuer.'�'s See Pte. about how the board should inter- F(�e(n v. Board of tkhatlon in Optometrypret a particular DEP regulation. 370 Moes. 476. 479 (1976) (agexy inataprctation entitled to great weight,but"courts will not hesitate PN5,The board's independent review of the to overrule agency interpretations of mks when those regnladons seems especially appropriate interpretations are...inconsistent with the plain terms here,whose the DEP was not made aware of of the rule itself. Indeed, the board acted well the two occupied residential dwellings until within its discretion when it applied 310 Code Mass, after issuing its positive site suitability re- AW. 16.40(31(d)(5)(b) "as written," because die pon.(RA.37-38).See 7E1.Inc.v.Board o! clear and unambiguous language of that regulation Health ofN Andover.431 Maes at 12.13. required a 500-foot setback, and did not include a grandfather clause. See Cohen v. Board of Water If the DEP bad intended to exempt a site assignment Co I7S Fire Dur No 1 S Hadley 4)1 Mass.744 modification such as WSI'a from compliance with the 749(1992)(where regulations are clear and w ambt- new 500-foot setback requirement, it could, and guars,ten resort to legislative history or intent is war- should, leave inserted an explicit grandfather clause rangy)- int the regulation. To conclude otherwise would give inlfflimmtions such as time contained in the FN4. We are unpersuaded by WSPs wgn- discussion document and Regan tenter the force of meat that the board should not have reached law, and allow the DEP to subvert the mandatory the setback requirement because the Regan rulo-making procedure set out by the Legislature in tetter represented a DEP determination, is- G:L.c.30A.See Finkelstein v Board ofRc4(snntion sued pursuant to 310 Code Mass. Rem. d in QZhMnetM 370 Mess.at 479(agency cannot sub- 16.22M(2001) that WSPs proposed modi. stitute aggressive interpretation for rule making pro. . fication did not affect that particular siting cedure provided by the Legislature); Warcewier v criterion, (Pl.'s Br. 22). We acknowledge lftarnnent ofBnvll Protection 410 Mass 548 552 0 2009 Thomson Reutors.No Claim to Orig.US Gov.Works. __.... . ._ ... _.......__. 11/11/2009 WED 12:69 FAX 781 592 1129 5HUTZER GOODMAN KAUFMAN 01008/008 831 N.E.2d 959 Palle 3 64 tviassApp.Ct.1102,$31 N.E.2d 959,2005 WL 1788887(Msss.App.Ct.) (Table,Text in W'RSTLAW),Unpublished Disposition (Cite as:64 Mass.App.Ct.1102,2605 WL 178$$87(MamAPp•Ct•)) (19911 (once having exercised its power to promul- Waste Systems Intern. Oxford Transfer Station, Inc. gate regulations, an agency may not manipulate or v.Board of Health of Oxford expand rheircontent). 64 Mass.App.Ct. 1102, 831 N.E,2d 959, 2005 WL 1788887(Mass.App.Ct) Even were we to asmme that the board'a imerpreta- tion of the setback regulation was somehow errone• END OF DOCUMENT ous,its rejection of WSrs application was still proper on statutory grounds. In addition to regulatory siting criteria, the board has a responsibility to determine whether WSrs modified facility constitutes a deogcr to the public health,safety,or enviroomem,based on statutory siting criteria set out by G.L.e. 111, 150A 112. See Wood Waste of Basten. Inc v Board of Flea(th ptEveren 52 Maes Atm.Ct 330.333 (20011 See also 151 Inc v.Bpard of Health dN.Andover, 431.,,,Mass, t 12-13 ("A local route is required to determine whether a proposed site satisfies the crite- ria established in § 150A 112 and the DEP regula- tions"(emphasis supplied)). "3 Among odter factors, 01. c h 11 -L 00—A 12 requires the board to consider(1)the amore and ex- tent of residential areas in proximity to a proposed site,(2)IM potential for adverse impact on air qual- ity, (3) the potential for creation of nuisance condi- tions flora noise, windblown litter, or the prolifera- tion of rodents;and(4)the potential for adverse pub- lic health and safety impacts.See 41.a 111.8 150A 1/2(6).(91411 Despite WSrs argument to the con- trary(Pl.s Reply Sr. 1),the board based its decision on both the regulatory and otaattoty acing criteria Although the board atracnro$its decision arpwtd the DEP regulatory criteria, the statutory considerations listed in 6 1SOA 1/2 are squarely implicated in the board's finding that operation of wSrs modified fa- cility in close proximity to occupied residential dwellings would pose a threat to the public health, safety, or environment based on increased impacts with regard to noise, odors, dust. emissions. litter, vermin,bird hazards w air traffic,and other nuisance problems. (FLA. 51,54-55).Compare G.L. c. I It.§ 1SOA 112 (6). (9)AI1).This finding is supported by substantial evidence,particularly where the modifica- tion in question would allow WS1 to accept ordinary housnhold trash at the facility for the fiat time,whole also inxeaaimg the average daily capacity at the fsa(1- ity by 575 tons.(R.A.36-37). Judgment affirmed Masa.App.Ct.,2005. 0 2009 Thomson Reuters.No Claim to Odd.US Gov.W01101. LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1F. LYNN.Mmmcuuserrs 01902 781-593-2016—781.63"100 781-592-1129 facsimile cart@attorxirygoodman.com Carl D.Goodman Facsimile transmittal To: Kenneth F.Whittaker,Esq. Fax: 617A 12-3120 From: Carl Goodman Date: 11-10-09 Re: Pages: Cover+1 cc: Salem Board of Health 978-745-0343 Please see attached documents:Cover Letter,Petition to Intervene&Registration of Abutter, Appearance. RECEIVED NOV 10,2009 CITY OF aaLEM BOARD OF HEALTH 1 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway-Suite 1L• Lwm Mesm atumm 01902 781-599-2016-781.639=8100 781-592-1129 facsimile rarfflattorneyguodman,rain Carl D.Goodman By facsimile 617112-3120 and email: kwhittakerOadorno.cm November 10, 2009 Kenneth F.Whittaker,Esq. Adorno&Yoss 1.55 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker. Enclosed please find Petition to Intervene&-Registration of Abutter on behalf of Alan Samiljan of Salem,Massachusetts along with my Appearance. I have not indicated a docket number as none of the papers available for public inspection at the office of the Board of Health contained a docket number. Very^trul�yy y CARL D.GOODMAN CDC:hbs cc; Salem Board of Health-978.745-0343 facsimile v COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Alan Samiljan,owner of the premises(mown as 51 Cavendish Circle,Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem,Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the oommon areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road,approximately 200 feet from the transfer station's southern property line.) The legal description of Petitioner's premises is"Unit C,Building 186,in the condominium known as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So.District Registry of Deeds in Book 15588 Page 530,as amended." in addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan#60 are attached hereto and marked Exhibits"A"and"B"respectively. The individual owner of a condominium unit has C.1 I]?W, A KA 019 M 01101 11149Y]010 standing to participate in matters affecting the Condominium.Bernstein v Chig(Building Inspector,52 Mass.App.Ct. 422,754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq.,Goodman Law Office, 152 Lynnway—Suite IE,Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBOT#201720 5. Ilse proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffiic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions,noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMILIAN By his at mey CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 IA.ODm02 CND.Gdw 1321.�.y �41M 01902 7d1-SOSd919 VERIFICATION 1,Carl D.Goodman,attorney for the Petitioner/Registrant,hereby certify under the penalties ofpe{jury that 1 have read and understand the within Petition and Registration and that the statements contained herein arc true. I further certify that as to facts set forth on information and belief,I believe the same to be true. Signed under the pains and penalties of perjury this 10th day of November,2009. xm� CarlD. Goodman CERTIFICATE OF SERVICE I,Carl D.Goodman;attorney for the Petitioner/Registrant, certify that I have this day served true and complete copies of: 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salam,MA 02970 Facsimile:978-745-0343 4CARL . ODMAN Goodman Law Office 152 Lynnway-Suite l E Seaport landing. Lynn, MA 01902 Tel: (781)593-2016; (781)639-8100 BBO#201720 Dated: November 10,2009 wM.of CMD W.&SM S7L M L nn M. 0190= 111-59)d01! �� 1-i llleed eataraeor ff:as:ee arse Pe rrr UWe,Dianne M.Skrealet,of 7 Jill's way,Peabody,Massachusetts 01960 in consklerstion ofThxe Hundred Seventy-Five Thousand and 00/100 Dollar($375,000.00)Dollars a gram to Alla Samiljan and Brand*Samiijao,tenants by the entirety of St Cavendish Circle,Unit C,Salem, MA 01970 V•h with QUITCLAIM COVENANTS The Unit known as Unit C,Building 196 (the"Unit'),in a condominium known as the Green Dolphin Village Condominium(the"Condominium"),established pursuant to Masaaehusetts General Laws,Chapter 183A,as amended,by Master Deed dated Apra 2;1999 and recorded on April 6,1999,with the ELM*South District Registry of Deeds,Book 15588, Page 530,as amended,and having a post office address of 51 Cavendish Circle,Salem, Massachusetts. Together with as undivided Interest or.88810A In the common areas and faMities of said Condominium and together with the rights,if any,to exclusive use of any of the common areas and facifoes orsaid Condominium as mon ropy set forth In the aforesaid Master peed and the First Unit Dead. Together with the benefit of and subject to the easements,rectricdons,comiltions,rights and obligations set kith or referred to in said Master Deod,Fkst Unit Deed and provisions of the Grano Dolphin Village Condominium Trust,its By-Laws and Rukx and Regulations,recorded with said Registry of Deed*at Book 13588,Page 5636 as the same may from time to time be amended by instruments of record The Condominium and each of the Units is Intended for residential purposes sad other ease permitted by the applicable Zoning Ordinances as set forth in,or limited by,the Master Deed. 04*1; seCFS For title, e deed recorded with the Esses South Registry of Deed; at Book 17260 Page 495, US REP . ESSEX SOUTH Executed as a sealed Instrument this Tenth day of April,1007. 04th f•111M,_ M _ Al i Dianne M.S mkt Commonwealth of Massachusetts Essex,as: On this Tenth day of April,2007,before me,the undersigned natacy public, personally appeared Dianne M.Skreaki,proved to me through satisfactory evidence of identification,which wore 0 Drivees License;❑Stets<D;O Passport;O 011ier Government Issued ID;O Other,to be the person whose name is signed on the preceding or attached document,and / e it voluntarily for its sWed purpose. p �CKMTINEAPERRO:_ri•:ISON i Q` _ (,,LJ., r •".r Notary Public 'GONWJNwLKrt br'.•.>�r. :,Tie � f w sty cwusw,c.: � - na,aeee 1.ayit via \| � Will & 2 | � �7-Avow . | � » � | f % $ w . % f , | | � � ■� � � | � � �` � 1121HXR | ! EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle, Unit C, Salem,Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwest, Whalers Lane on the Northeast, East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and along those streets is on a daily basis,and especially on weekdays and Saturdays,excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoonlearly evening commuting hours,traffic often.backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger ears with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative �00..r impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. GID.G.dnn 152 Ly"WO L, Ml O19O1 ]11.1Y1-091L rr. rr •...r • ....• r rr .rw.+.•uu•. vvvua . uur•au. ...... C1YVvi V�V The proposed new construction will be in violation of 310 CMR§ 16.40(3)(d)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new strictures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as 500 ton,will only have a nominal affect on the already bad traffto in the vicinity. The suggested number of increase vehicles cannot account for an additional 300 ton/day. Dated: November 10,2009 CMI U.Sbdlmu onsvr»ie COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment APPEARANCE OF COUNSEL Please enter my appearance as attorney for Alan Samiljan in the above-entitled matter. ALAN SAMIUA By his attorney: CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite I E Seaport Landing Lynn,MA 01902 Tel:(781) 593-2016;(781)639-8100 BBO#201720 ts.oibsok rm n.u k}2 ymway 019pS >11-79Y:Ml6 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1F. LWN.MAMCHUSEWS 01902 781-593.2016—781-639.8100 781-592-1129 facsimile carl@attm7uygoodman.com Carl D.Goodman Fans' ' e ftwismitW To: Kenneth F.Whittaker,Esq. Fez: 617412-3120 From: Carl C3oodwan Date: 11-10.09 Re: pages. Cover+1 ot:: Salem Board of Health 978-745-0343 Please see attached doeti mcnts:Cover Letter,Petition to Intervene&Registration of Abutter, Appearance. RECEIVED NOV 10 2009 CITY OF 6ALEM BOARD OF HEALTH LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1L• LwK Messncitusrm 01902 781-593-2016—7811139.8100 781-592-1129 facsimile carl®attaraeygoodman,com Carl D.Goodman By facsimile 617-412-3120 and email- kwhittaker®adorno.colp November 10,2009 Kenneth F.Whittaker,);.sq. Adorno&Yoss 155 Federal Street Suite 1202 Boston,MA 02110 RF.: Salem Transfer Station/Northside Carting,Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker. Enclosed please find petition to Intervene&Registration of Abutter on behalf of Alan Samiljan of Salem,Massachusetts along with my Appearance. I have not indicated a docket number as none of the papers available for public inspection at the office of the Board of Health contained a docket number. Very truly yo7y� CARL D.GOODMAN CDG:hbs cc: Salem Board of Health 978-7454)348 facsimile i COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Alan Samiljan,owner of the premises(mown as 51 Cavendish Circle,Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem,Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road,approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit C,Building 186,in the condominium known as the Green.Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So.District Registry of Dads in Book 15588 Page 530,as amended." In addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan 960 are attached hereto and marked Exhibits"A"and"B"respectively. The individual owner of a condominium unit has r..IM..r C.V.Gsnd. 1524."y 1-m MA 01901 111.59I301d standing to participate in matters affecting the Condominium.Bernstein v. ChiejBuilding Inspector,52 Mass.App.Ct. 422,754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C" 4. Petitioner's Authorized Representative is: Carl D.Goodman, Esq.,Goodman Law Office, 152 Lynnway—Suite 1 E,Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions,noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAM1UAN By his at mey CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite I Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639.8100 BBO#201720 L. om...r Cron.a..a. 192 Cr w., 4„µMA 01901 791.!09-W19 y I VERIFICATION I,Carl D. Goodman,attorney for the Petitioner/Registrant,hereby certify under the penalties of pct ury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief,I believe the same to he true. Signed under the pains and penalties of per ury this 10th day of November,2009. Carl D.Goodman CERTIFICATE OF SERVICE I,Carl D.Goodman;attorney for the Petitioner/Registrant,certify that have this day staved true and complete copies of: 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D.Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salem,MA 01970 Facsimile:978-745-0343 CARL .GOODMAN Goodman Law Office 152 Lynnway-Suite I Seaport Landing ----^—Lymt,-M 0190T Tel: (781)593-2016;(781)639-8100 BBO#201720 Dated: November 10, 2009 i.*oek C41 RLa%k ISS L q try ,MA}01%4 fl6393.1gU -...... _� . .�... . . �.� � �1119��11�1�1lill�lll�ll�� Deed eed 10870418 Z P9'424 actor Br' ae:ee otsz Po ,tt UWc,Dianne M.Shreslet.of 7 Jill's Way,Peabody,Massachnsetts 01960 in consideration ofThrec Hundred Seventy-Five Thousand and 00/100 Dollars($375po.00)Dollars grant to Alan SamBjan and Brenda Samiljan,tenants by the entirety of 51 Cavmdbh Circle,Unit C,Salem, MA 01970 with QUITCLAIM COVENANTS The Unit known as Unit C,Building 186 (the"Unit"),in a condominium known as the Green Dolphin Village Condominium(the"Condominium"),established pursuant to Massachusetts General Laws,Chapter 183A,as amended,by Muter Dad dated April 2,1999 and recorded on April 6,f999,with the Eases South District Registry of Deeds,Book 15511% Page$30,as amended,and having a post office address of Sl Cavendish Circk,Salem, Massachusetts. Together with an undivided Interest of.881111A In the common areas and facilities of said Condominium and together with the rights,if any,to exclusive use of any of the common areas and facilities of acid Condominium as more fully set forth In the aforesaid Master Deed and the First Unit Dad. Together with the benefit of and subject to the easements,restrictions,conditions,rights and obligations set forth or referred to in said Master Dad,First Unit Dead and provisions of the Green Dolphin Village Coadomineum Trial,its By-Laws and Risks slid Regulations,recorded with said Registry of Deeds at Book 13588,Page 563, as the same may from time to time be amended by instruments of record The Condominium and cath of the Units Is intended for residential purposes and other uses permitted by the applicable Zoning Ordinances as ad forth ia,or limited by,the Master Deed. 114410s�,► SAIE!lL��//p For title,we deed recorded with the Essex South Registry of Deeds at Book 17260 Page 495, DEEDS RF-0 . " ES$EM SOUTH • a Executed as a sealed insttvment this Tenth day of Aprit,2007. 04AD f111'M' 01 Dianne M.Skteskl F _' °�-i'31710.00 Commonwealth of Massachusetts Essex,as: On this Tenth day of April,2007•before me,the undersigned notary public, personally appeared Dianne M.Skrtskt,proved to me through satisfactory evidence of identification,which were 17 Drivers License;0 State TD;0 Passport;O Other Government Issued ID;0 Other,to be the penon whose name is signed on the preceding or aitached document,and / e it voluntarily for its stated purpose. Q C MTtNE A PERRO:?A:LSON YNl-! Notary Public r,b GONMW,YtRlff in''.'H�r- 718 Vt' nlcnnn.awi L.:...; Ilmras t,a)r1 y\ ! ! I 10005 HM •u+.rs �,nn Yr�MI4VlY1Yr GiaW01 /•� Un Q 1�� ara .waarrrs-wr.los a.ru.w, �,w .ua rai�°rn"ira wa w�ruw'.m. t'rM°ir w rw w .c�pov.. rim a�wYr•� M1�4K waK SALrM PLAN 00M0 X. rY.w•urs.u.ur+r urr Yfr r'�e it~�ml ,...,r..r.r. PLAN OF LANG r Vr/n 1tx'r :a®«iisrl}i"m+�a s'iam� , � I y� n39 , N 4&IM R WAAOE CMDO WAW rsiayr.c w "� i4WME,N OEYEI.I7P104i CQtWOMIION eer�ee rrsveavr eas \ C#M��cYa eur+w wsru swa +> iQy,�. ry ylwr0[vI'Ia>trlruM carr,m.-.ra a a EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle,Unit C, Salem,Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwest,Whalers Lane on the Northeast,East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and along those streets is on a daily basis,and especially on weekdays and Saturdays,excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoon/early evening commuting hours,traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative + 00..r impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. inn.care" n L .KA A Blo N swat )flIS99A014 . r... ••.. r+...v +.... .v. var aary auv.ann vwVeuuaV•Vreuu - y(1 VVe/UlU The proposed new constriction will be in violation of 310 CMR§ 16.40(3)(d)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as 500 ton,will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10,2009 Alat3,8 iljan 1..ahem cn V.uoNb,e 1 1 81 Lye Mr 01401 141.593-3916 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of., Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment APPEARANCE OF COUNSEL. Please enter my appearance as attorney for Alan Samiljan in the above-entitled matter. ALAN SAMILJA By his attorney: CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite I Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781)639-8100 BBO#201720 �.ortK.ar ran u,uwem,n In i.,newy olwu A159Y:OI6 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting, Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE & REGISTRATION OF ABUTTER Now comes Alan Samiljan, owner of the premises known as 51 Cavendish Circle, Unit C,Salem, Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore, your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle, Unit C, Salem,Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road, approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit C, Building 186, in the condominium known as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A, as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So. District Registry of Deeds in Book 15588 Page 530, as amended." In addition, the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan #60 are attached hereto and marked Exhibits"A"and `B"respectively. The individual owner of a condominium unit has Law Office of Carl D.Goodman 152 Lym,way Ly M 01902 ]81-59]-2016 standing to participate in matters affecting the Condominium. Bernstein v. Chief Building Inspector, 52 Mass.App.Ct. 422, 754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue, and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq., Goodman Law Office, 152 Lynnway—Suite 1 E, Lynn, MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions, noise, and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMILJAN By his attorney U d CARL D. GOODMAN Goodman Law Office 152 Lynnway- Suite 1 E Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO#201720 Law 015.of Cad D.Goodman 152 Lyoaway Lynn,M 01902 181-593-2016 VERIFICATION I, Carl D. Goodman, attorney for the Petitioner/Registrant,hereby certify under the penalties of perjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief, I believe the same to be true. Signed under the pains and penalties of perjury this 10`h day of November, 2009. ydn��= Carl D. Goodman CERTIFICATE OF SERVICE I, Carl D. Goodman, attorney for the Petitioner/Registrant, certify that I have this day served true and complete copies of: 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salem, MA 01970 Facsimile: 978-745-0343 CARL D. GOODMAN Goodman Law Office 152 Lynnway- Suite IE Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO#201720 Dated: November 10, 2009 Law Gfre or Carl D.Goodman 152 Lywway Lyng h 01902 781-593-2016 EXHIBIT n IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Deed 2007041000293 Bk:26729 Pg:424 04/10/2007 17:66:00 DEED Pp 111 \ 1/We,Dianne M.Skreslet,of 7 Jill's Way,Peabody,Massachusetts 01960 in consideration of Three Hundred Seventy-Five Thousand and 00/100 Dollars($375,000.00)Dollars grant to Alan Samiljan and Brenda Samiljan,tenants by the entirety of 51 Cavendish Circle,Unit C,Salem, MA 01970 VA\ with QUITCLAIM COVENANTS The Unit known as Unit C,Building 186 (the"Unit"),in a condominium known as the Green Dolphin Village Condominium(the"Condominium"),established pursuant to Massachusetts General Laws,Chapter 183A,as amended,by Master Deed dated April 2,1999 and recorded on April 6,1999,with the Essex South District Registry of Deeds,Book 15588, Page 530,as amended,and having a post office address of 51 Cavendish Circle,Salem, Massachusetts. Together with an undivided interest of.8881% in the common areas and facilities of said Condominium and together with the rights,if any,to exclusive use of any of the common areas and facilities of said Condominium as more fully set forth in the aforesaid Master Deed and the First Unit Deed. Together with the benefit of and subject to the easements,restrictions,conditions,rights and obligations set forth or referred to in said Master Deed,First Unit Deed and provisions of the Green Dolphin Village Condominium Trust,its By-Laws and Rules and Regulations,recorded with said Registry of Deeds at Book 15588,Page 563, as the same may from time to time be amended by instruments of record. The Condominium and each of the Units is intended for residential purposes and other uses permitted by the applicable Zoning Ordinances as set forth in,or limited by,the Master Deed. SA1l EQ For title,see deed recorded with the Essex South Registry of Deeds at Book 17260 Page 495, CsESSE X13 -TH _ ESSEX S❑UYH Executed as a sealed instrument this Tenth day of April,2007. 04�1q til'Sb j�}_ 01 Olw{x,Ifm - 1Yl,t.r;» .19��[�[�LPP�f�o — Dianne M.Skreslet CASHr-=� 7.10 00 Commonwealth of Massachusetts Essex,ss: On this Tenth day of April,2007,before me,the undersigned notary public, personally appeared Dianne M.Skreslet,proved to me through satisfactory evidence of identification,which were❑Driver's License;❑ State ID;❑Passport; ❑Other Government Issued ID;❑Other,to be the person whose name is signed on the preceding or attached document,and e edit voluntarily for its seeded pu= A � CHRISTINE A PERRO!:E ri'iLSON ✓J-+-� r Notary Public �60MMMVIALTF F'.':i <'. . {TT$ My Comnasa_• L.: `��/f' NaWang a 1.2013 ei, a'4' LOCUS MAP ` "tea' aA 4e1e1p1 RrU•.fN11Nf rAMAlA11O1 4 w c 3 trri,.aeetre t az. riots�F,ro51 wm wr asexac-u,eow wr aw w m,u swa w+. t 1lO1tr V. e co suety A4 ui 1 comm m SALEM V%NNYG BOARD �' fkd e0s 4� m ry � WIrU MlMt QIIGOMN� . tAf L PUN+sool � PLAN OF LAND SALEM MARINER VILLAGE CONDOMINIUM rz s xosrcm massa n�wcr,m vi.«,roe n, '`t° �, .w MARINER DEVELOPMENT CORPORATION •.,or rcoox..,a,eee uoe./ra. nu[mraa][WIVaY tgtN1uT10i pI� 0 ow mor-sono 6 ism) ns i EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle, Unit C, Salem, Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest, Swampscott Road on west and southwest,Whalers Lane on the Northeast, East, and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue, and along those streets is on a daily basis, and especially on weekdays and Saturdays, excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road, which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoon/early evening commuting hours, traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative aw o nr impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. Carl D.Goodman 152 Ly ay Lyw M 01902 781-593-2016 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b) that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as 500 ton, will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10, 2009 Alan,B miljan Law Office of Carl D.Good 152 Ly way Lpm MA 01902 781-593-2016 11/10/2009 TUE 16:07 FAX 781 592 1129 SHUTZER GOODMAN RAUFMAN ®001/010 s LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1F. Lim.Mnssncnuserrs 01902 781-593-2016—781.659-8100 781-592-1129 facsimile carl@aftorne)goadman.com Cart D.Goodman Facsimile transmittal To: Kenneth F.Whittaker,Esq. Fax: 617412-3120 From: Carl Goodman Dale: 11-10-09 Re: Pages: Cover+1 cc: Salem Hoard of Health 978-745-0343 Please see attached documents: Cover Letter,Petition to Intervene&Registration of Abutter, Appearance. RECEIVED NOV 10 2009 CITY OF 6ALEM BOARD OF HEALTl-I 11/10/2009 TUE 14:07 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN ®002/010 LAW OFFICE OF CARL D. GOODMAN 152 Lynnway—Suite 1L• L-*K MAssActiuwrrs 01902 781-593-2016—78139.8100 781-592-1129 facsimile carl®attarneygoodman.com Carl D.Goodman By facsimile 6171112-3120 and email: kwhittakereadorno.colp November 10, 2009 Kenneth F.Whittaker, Esq. Adorno&Yoss 1.55 Federal Street Suite 1202 Boston,MA 02110 RE: Salem Transfer Station/Northside Carting;Inc. Application for Minor Modification to Site Assignment Dear Mr.Whittaker. Enclosed please find Petition to Intervene&-Registration of Abutter on behalf of Alan S•amiljan of Salem,Massachusetts along with my Appearance. I have not indicated a docket number asnone of the papers available for public inspection at the office of the Board of Health contained a docket number. Vety trulyyyoi'17�z�-w / CARL D. GOODMAN C Qhbs cc: Salem hoard of Health—978.745-0343 facsimile 11/10/2009 TUE 11:07 FAX 781 592 1129 SRUTZER GOODMAN KAUFMAN 2003/010 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE&REGISTRATION OF ABUTTER Now comes Alan Samiljan,owner of the premises known as 51 Cavendish Circle,Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem,Massachusetts which premises is a portion of the Great Dolphin Village Condominium and includes an undivided interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road,approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit C,Building 186,in the condominium]mown as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A,as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So.District Registry of Deeds in Book 15588 Page 530,as amended." in addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan NW are attached hereto and marked Exhibits"A"and"B"respectively. The individual owner of a condominium unit has ..wu..er , 0102 seiess.±oia 11/10/2009 111E 14:07 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0004/010 standing to participate in matters affecting the Condominium.Bernstein v. ChiejBuilding Inspector,52 Mass.App.Ct. 422,754 N.E.2d 133 (2001), 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road,Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman;Esq.,Goodman Law Office, 152 Lynnway—Suite 1 E, Lynn,MA 01902 Telephone 781-593-2016 Facsimile: 781.592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions,noise,and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. S. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMIUAN By his at mey- CARL D.GOODMAN Goodman Law Office 152 Lynnway-Suite 1 E Seaport Landing Lynn,MA 01902 Tel:(781)593-2016;(781) 639-5100 BBO#201720 11aa,r c.n n..ra 11 1. w, MA 1 WA 01907 /B-fM-1016 11/10/2009 TUE 14:08 FAX 781 592 1129 SHUTZER GOODMAN KAUFMAN 0005/010 VERIFICATION 1,Carl D. Goodman, attorney for the Petitioner/Registrant,hereby certify under the penalties of perjury that 1 have read and understand the within Petition and Registration and that the statements contained herein arc true. I further certify that as to facts set forth on information and belief, I believe the same to be true. Signed under the pains and penalties of perjury this 10ih day of November,2009. Carl D. Goodman CERTIFICATE OF SERVICE I,Carl D. Goodman; attorney for the Petitioner/Registrant,certify that I have this day served true and complete copies of: 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D.Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salem,MA 01970 Facsimile:978-745-0343 CARL . GOODMAN Goodman Law Office 152 Lynnway- Suite I Seaport Landing Lynn,MA 01902 Tel: (781)593-2016; (781)639-8100 BBO#201720 Dated: November 10, 2009 Lr 00ke of Ca1D Uw IS7 Ly q Lp MA 01902 11159]5016 11/10/2009 TUE 14:08 FAX 781 $92 1129 SHUTZER GOODMAN KAUFMAN 0006/010 _ XI, -,� p Deed Z II i�eg Sk:2M ��41$ ana,zapr tt:s8;e0 opts va 42 III We,Dianne M.Skresiet,of 7 JIIPs Way,Peabody,Massachusetts 01%0 in consideration ofTbrue Hundred Severity-Five Thousand sod 001100 Dollars($375,W0.00)Dollars VIM to Alan Samajan and Brenda Samiljon,tenants by the entirety of 51 Cavendish Circle,Unit C,Salem, MA 01970 VA` with QUITCLAIM COVENANTS The Unit known as Unit C,Building 186 (the"Uoit"),in a condominium known as the Green Dolphin Village Condominium(the"Condominium"),established pursuant to Massachusetts General Laws,Chapter 183A,as amended,by Master Deed datod April 2,1999 and recorded an April 6,1999,with the Essest South Dlstrkt Registry of Deeds,Book 15588, Page 530,na amended,and having a post office address of Si Cavendish Circle,Salem, Massachusetts. Together with an uodlvkfed Interest of.8881% to the common areas and facilities of said Condominium and together with the r%bts,if any,to exclusive are of any of the common areas and facilities or said Condominium as more fumy set forth is the aforesaid Master feed and the First Unit Dad. Together with the benefit of and subject to the easements,restrictions,conditions,rights and obligations set forth or referred to fn saki Master Deed,First Unit Dood and provisions of the Gran Dolphin Village Condominium Trust,its Bylaws and Rules and Regulations,recorded with sold Registry of Deeds at Book 15588,Page 563, as the same may from time to time be amended by instruments of record. The Condominium and each of the Units lt intended for residential purposes and other uses permitted by the applicable Zoning Ordinances as set forth in,or meshed by,the Master Deed. For title,see dead recorded with the Essex South R of Deeds at Book 17260 e 495 DEEDS REP Registry P°8 ESSSEx SOUTH w 01 Exemtftd as a sealed Instrument this Tenth day otAprik 2007. 01hq tt•', r ,t'_._� _..eCCLLY2��(9�•roJririF-- Y.y��1.,..... .� Dianne M.Skreski v. cin?'?u171a.m Commonwealth of Massachusetts Earea at: On this Tenth day of April,2007,before me,the undersigned notary public, personally appeared Dianne M.Skrtskk proved to me Minn&satisfactory evidentt of identification,which were CI Drivers License.O State iD;O PasspoK;O Other Government Issued ID;O Oilier,to bo the person whose name is signed on the preceding or attached documem,and ackdeggimted&a M.f ed it voluntarily for its stRed purpose. p LChTATINEA FERRO E'ANW111 _. �..t Q - - — • Lll✓J-.� Notary PublicNumubw 1.2013 11/10/2008 TOE 14:08 FAX 781 592 1129 Sii1RZER GOODMAN KAUFMAN 0007/010 I*fs 1� Vol I 01. 4 S� e it 3� y''I 94 P Na a 11/10/2009 TUE 14:09 FAX 781 592 1129 SRUTZER GOODMAN RAUFMAN ®008/010 EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle,Unit C, Salem,Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest,Swampscott Road on west and southwes4 Whalers Lane on the Northeast, East,and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue,and Trader's Way at Highland Avenue,and along those streets is on a daily basis, and especially on weekdays and Saturdays,excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road,which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late aftemoonlearly evening commuting hours,traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative 1.-00..or impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. C 152 5Lmyl"ay L, W L o�aio LN Dion mavaanla 11/10/2009 TUE 14:09 FAX 781 592 1129 SRUTZER GOODMAN KAUFMAN 0009/010 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b)that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as 500 ton,will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10,2009 Alan�B iljan ta.OMeeof can u.ckalmw owpi m-sss-mie 11/10/2009 TUE 14:09 FAX 781 592 1129 SHUrZER GOODMAN KAUFMAN 11010/010 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of Application of Northside Carting,Inc for Minor Modification to an Existing Site Assignment APPEARANCE OF COUNSEL. Please enter my appcarance as attorney for Alan Samiijan in the above-entitled matter. ALAN SAMILJA By his attorncy: CARL D. GOODMAN Goodman Law Office 152 Lynnway-Suite IE Seaport Landing Lynn,MA 01902 Tel: (781)593-2016; (781)639-8100 BBO#201720 rn u.u,wme - in�saawr owoi Bei-svr±o�a AFFIDAVIT OF SERVICE I,Alan D. Hanscom,hereby certify under the pains and penalties of perjury that on October 20,2009 I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40,and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A request for the minor permit modification to the existing Site Assignment was Sled with the Salem Board of Health by the City of Salem and Northside Carting, Inc. on June 23, 2009. A Notice of Public Hearing for this minor permit modification was delivered on October 20, 2009 to the abutters of the subject property located at 12 Swampscott Road. The Notices of Public Hearing were delivered in accordance with the Massachusetts Department of Environmental Protection solid waste regulations Section 16..20(7)(b), which state that notice of the public hearing must be delivered to the abutting properties at least 21 days prior to the public hearing (Tuesday,November 10, 2009). The form of the notification, and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. BETA GROUP,INC. an D. Hanscom, LSP Date Salem Transfer Station List of Abutters Receiving Notice of Public Hearing Location Owner Co-Owner Mailing Address Acknowledged Notice 319 Highland Richmond Highland Salem LLC Irving Oil Corp. P.O. Box 839 Calais, ME 04619 Certified Mail Receipt) 329 Highland Ave Hutchinson Medical J 331 Highland Ave Hutchinson Realty/McAuliffe 333 Highland Avenue Thomas McAuliffe Salem, MA 01970 333 Highland Ave (Returned signed notice) 347 Highland Ave Northeast Animal Shelter 347 Highland Avenue Salem, MA 01970 (By email 9 Cedar Rd John M Ingemi Realty Trust 381 Highland Avenue 15 Cedar Rd Salem, MA 01970 3 Swampscott Rd Salvatore Spinale Ann Spinale 1 Dipietro Avenue Salem, MA 01970 Returned signed notice 36 Swampscott Rd 150 Presidential Way 38 Swampscott Rd NSSS Limited Partnership The Dolben Company Woburn, MA 01801 52 Swampscott Rd COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM BOARD OF HEALTH In the matter of: Application of Northside Carting, Inc for Minor Modification to an Existing Site Assignment PETITION TO INTERVENE & REGISTRATION OF ABUTTER Now comes Alan Samiljan, owner of the premises known as 51 Cavendish Circle,Unit C,Salem,Massachusetts,by his undersigned attorney and petitions to intervene and Register in the above referenced matter. As reasons therefore,your Petitioner states: 1. Petition is the owner of that certain parcel of land known as and numbered 51 Cavendish Circle,Unit C,Salem, Massachusetts which premises is a portion of the Green Dolphin Village Condominium and includes an undivided.interest in the common areas of the Condominium which is located across the street from the subject Site. [Petitioner's premises is located within the townhouse development at the intersection of First Street and Swampscott Road, approximately 200 feet from the transfer station's southern property line.] The legal description of Petitioner's premises is"Unit C, Building 186, in the condominium known as the Green Dolphin Village Condominium established pursuant to Massachusetts General Laws Chapter 183A, as amended,by Master Deed dated April 2, 1999 and recorded on April 6, 1999 with the Essex So. District Registry of Deeds in Book 15588 Page 530, as amended." In addition,the Petitioner holds a 0.8881%undivided interest in the common areas and facilities of said Condominium. A copy of Petitioner's deed and a copy of the boundary plan of the condominium complex recorded in the Essex South District registry of Deeds in Plan Book 332 Plan#60 are attached hereto and marked Exhibits"A"and`B"respectively. The individual owner of a condominium unit has Law Office of Cud D.Ooodmaa 152 L mwa, Ly MA 01902 781-593-2016 standing to participate in matters affecting the Condominium.Bernstein v. Chief Building Inspector, 52 Mass.App.Ct. 422, 754 N.E.2d 133 (2001). 2. Petitioner resides at his premises and will be specifically and substantively affected by the hearing. 3. Petition further states that he will be specifically and substantively affected by the hearing as the traffic impact on the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue, and on the said streets directly affect his access to and egress from his premises as more fully set forth in Petitioner's Written Comments attached hereto as Exhibit"C." 4. Petitioner's Authorized Representative is: Carl D. Goodman, Esq., Goodman Law Office, 152 Lynnway—Suite IE, Lynn, MA 01902 Telephone 781-593-2016 Facsimile: 781-592-1129 BBO#201720 5. The proposed Facility will cause an undue exacerbation of traffic problems in the immediate vicinity of the Site which is already overburdened by traffic and the proposed Facility will cause an increase in truck traffic on highways and side streets and ways that may cause a danger to the public and adversely affect the Public Health. 6. The proposed Facility will cause an increase in vehicular emissions,noise, and dust all of which will adversely and substantially impact the environment and the Public Health. 7. The proposed Facility will otherwise cause an increase in pollution and adversely affect the Public Health. 8. The application is improper as the proposal is not for a Minor Modification,but is seeking Major Modifications to the Site Assignment. ALAN SAMIUAN By his attorney: CARL D. GOODMAN Goodman Law Office 152 Lynnway- Suite I E Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781) 639-8100 BBO #201720 Low Olfim of Carl D.G.W. 152 LS .Y Lym,M 01902 781-593-2016 VERIFICATION I, Carl D. Goodman, attorney for the Petitioner/Registrant, hereby certify under the penalties of perjury that I have read and understand the within Petition and Registration and that the statements contained herein are true. I further certify that as to facts set forth on information and belief, I believe the same to be true. Signed under the pains and penalties of perjury this 10`s day of November, 2009. �ZA'11 — Carl D. Goodman CERTIFICATE OF SERVICE I, Carl D. Goodman, attorney for the Petitioner/Registrant, certify that I have this day served true and complete copies of- 1. Petition to Intervene and Registration of Abutter 2. Notice of Appearance of Carl D. Goodman By causing such copies to be forwarded by facsimile this day to: Board of Health 120 Washington Street Salem, MA 01970 Facsimile: 978-745-0343 CARL . GOODMAN Goodman Law Office 152 Lynnway- Suite IE Seaport Landing Lynn, MA 01902 Tel: (781) 593-2016; (781)639-8100 BBO#201720 Dated: November 10, 2009 UW Office of Cad D.Good. 152 LY—" Ly MA 01902 981-593-2016 LEXHIBIT Deed 2007041000293 Bk:26729 Pg;424 04/10/2007 11:65:00 DEED Pa 1/1 f/We,Dianne M.Skreslet,of 7 Jill's Way,Peabody,Massachusetts 01960 in consideration of Three Hundred Seventy-Five Thousand and 00/100 Dollars($375,000.00)Dollars grant to Alan Samiljan and Brenda Samiijan,tenants by the entirety of 51 Cavendish Circle,Unit C,Salem, MA 01970 Vh with QUITCLAIM COVENANTS The Unit known as Unit C,Building 186 (the"Unit"),in a condominium known as the Green Dolphin Village Condominium(the"Condominium"),established pursuant to Massachusetts General Laws,Chapter 183A,as amended,by Master Deed dated April 2,1999 and recorded on April 6,1999,with the Essex South District Registry of Deeds,Book 15588, Page 530,as amended,and having a post office address of 51 Cavendish Circle,Salem, Massachusetts. Together with an undivided interest of.8881% in the common areas and facilities of said Condominium and together with the rights,if any,to exclusive use of any of the common areas and facilities of said Condominium as more fully set forth in the aforesaid Master Deed and the First Unit Deed. Together with the benefit of and subject to the easements,restrictions,conditions,rights and obligations set forth or referred to in said Master Deed,First Unit Deed and provisions of the Green Dolphin Village Condominium Trust,its By-Laws and Rules and Regulations,recorded with said Registry of Deeds at Book 15588,Page 563, as the same may from time to time be amended by instruments of record. The Condominium and each of the Units is intended for residential purposes and other uses permitted by the applicable Zoning Ordinances as set forth in,or limited by,the Master Deed. C441�, Sd3t_Ei"1 For title,see deed recorded with the Essex South Registry of Deeds at Book 17260 Page 495, DEEDS l2Efa� .._v ESSEX S❑UTH Executed as a sealed instrument this Tenth day of April,2007. 04/11M li•56Ai }_ 01 _ Dianne M.Skreslet ig " ' /z31710.00 CASH°•• 3?:20.00 Commonwealth of Massachusetts Essex ss: On this Tenth day of April,2007,before me,the undersigned notary public, personally appeared Dianne M.Skreslet,proved to me through satisfactory evidence of identification,which were❑Driver's License;❑State ID;❑Passport; ❑Other Government Issued ID;❑Other,to be the person whose name is signed on the preceding or attached document,and =bat e ed it voluntarily for its s ted purpose. &SCHIRISTnINEEA80%E'h'iLSON �t -ANotary Public vi .'%i: r^ ETTasa:�ccW 1.2013 a °w` LOCUS MAP > 3 Sx.1Upf Fnanwotr FpWAT011 tl� LFt F♦/ AfG f�iF�plp xotn � -ax xvemu-Ivx eoax.l.r wn.. �,® / _casmm eawa5m ro n n oxx.� [`i7 mr 'wi ia`"fiwS°o�f^'mwm wm 5mn wxsr yy mn•v. Np0.41xM.P M A9xxAN SALEM PLAN 0 BOARD �'�' �� •�+ °t °�• M x.5x5:caoeixxx. RR mRI.� YMYDI WIG[FOIupNM 9 lOf M HpSmY W[Ont �� T ruHy PLAN 4F LAND -ter eF SALEM ^99 MARINER VILLAGE CONDOMINIUM E ..t 4 MARINER DEVELOPMENT CORPORATION FBMtnC 8CAt8. 50.[VO om�x OR M. w. � w lfeenlfefn[a1ntY Fowuao5 wa sattr-.hnn w I EXHIBIT C Written Comments of Alan Samiljan My name is Alan Samiljan. I reside at 51 Cavendish Circle, Unit C, Salem, Massachusetts which is part of a townhouse condominium complex located at and bounded by First Street on the northwest, Swampscott Road on west and southwest,Whalers Lane on the Northeast, East, and land now or formerly of Lynn Sand and Stone on the south and southeast. The townhouse complex is the residential complex referenced in some of the reports and filings in the pending Petition for Minor Modification to an Existing Site Assignment located approximately 200 feet southeast of subject transfer station parcel. Traffic at the intersections of First Street and Swampscott Road, Swampscott Road at Highland Avenue, and Trader's Way at Highland Avenue, and along those streets is on a daily basis, and especially on weekdays and Saturdays, excessive. Traffic attempting to enter Swampscott Road from First Street is often backed up so much that it can take several minutes to be able to proceed onto Swampscott Road. The traffic on First Street is delayed due to the two-way traffic on Swampscott Road, which already results in massive traffic backups approaching and at the intersection of Highland Avenue. During peak morning and late afternoon/early evening commuting hours, traffic often backs on Swampscott Road all the way from Highland Avenue to First Street. The re-routing of substantially all truck traffic to and from Aggregate Industries to and from the direction of Highland Avenue has added to the traffic congestion. The alternate routes for access and egress such as by Trader's Way to Highland Avenue are similarly backed up during peak hours. A four-fold increase in daily tonnage at the transfer station will necessarily mean an increase in both heavy truck and passenger cars with the attendant impact that entering and exiting vehicles will have on traffic on Swampscott Road. I understand that the proposed project is to include a residential recycling area. I would expect that residents will utilize a drop-off recycling area and that the passenger car traffic entering and exiting the site will increase. I am also concerned that the emissions from increased car and truck traffic and from vehicles that will idle longer during traffic backups during peak traffic times will have a negative Lew Off=of impact on the air quality resulting in greater respiratory problems for residents of my neighborhood. Carl D.Good. 152 LSm , Lyme,M 01902 781-593-2016 The proposed new construction will be in violation of 310 CMR § 16.40(3)(d)(5)(b) that requires a 500 foot buffer of the waste handling areas from occupied residential dwellings and that the location of the new structures will violate the Salem Zoning Ordinance that requires 50 foot setback. The current traffic already substantially adversely affects the access and egress to my home. The traffic estimates that have been given in the various reports are not credible as it is not reasonable to conclude that a four-fold increase in daily tonnage,with some days as much as 500 ton, will only have a nominal affect on the already bad traffic in the vicinity. The suggested number of increased vehicles cannot account for an additional 300 ton/day. Dated: November 10, 2009 Alan,2 iljan Law office of Cad D.Goodin® 152 Ly y Lyon,M 01902 781-593-2016