2009 OPPOSITION TO PETITION TO INTERVENE MACkIE COUNSELORS AT LAW
SH EA 420 Boylston Street, Boston,MA 02116 • p 617 266 5700 E 617 266 5237
Q'BRIEW www.lawmso.com
November 23, 2009
BY HAND
Barbara Poremba, Chairwoman
Salem Board of Health
120 Washington Street
Salem, MA 01970
Re: Northside Carting, Inc. and City of Salem Site Assignment Modification
Dear Chairwoman Poremba:
Enclosed for filing on behalf of Northside Carting, Inc. are one original and two
additional copies of the following:
1. Opposition to Petition to Intervene and Registration as an Abutter;
2. Affidavit of Alan D. Hanscom in Opposition to Petition to Intervene;
3. Affidavit of Jeffrey S. Dirk, P.E. in Opposition to Petition to Intervene;
4. Notice of Appearance of Thomas A. Mackie; and
5. Certificate of Service.
Very truly yours,
/
Thomas A. Mackie
Enclosures
cc: Kenneth F. Whittaker, Esq
Elizabeth Rennard, City Solicitor
Carl Goodman, Esq.
MACKIE COUNSELORS AT LAW
SH EA 420 Boylston Street,Boston, MA 02116 • p 617 2665700 f 617 266 5237,
O'B R I E N a wwwlawmso.com
November 24, 2009
By HAND
Barbara Poremba, Chairwoman
Salem Board of Health
120 Washington Street
Salem, MA 01970
Re: Northside Carting, Inc. and City of Salem Site Assignment Modification
Dear Chairwoman Poremba:
Enclosed for filing on behalf of Northside Carting, Inc. are one original and two
additional copies of the following:
1. Opposition to Petition to Intervene and Registration as an Abutter;
2. Affidavit of Alan D. Hanscom in Opposition to Petition to Intervene;
3. Affidavit of Jeffrey S. Dirk, P.E. in Opposition to Petition to Intervene;
and
4. Certificate of Service.
Very truly yours,
� /'6 . 4%:
Thomas A. Mackie
Enclosures
cc: Kenneth F. Whittaker,Esq
Elizabeth Rennard, City Solicitor
Carl Goodman, Esq.
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City_of and Northside Carting, Inc.
Minor Modification to Existing Site )
Assignment )
Certificate of Service
I, Thomas A. Mackie, do hereby certify under the.pains and penalties of perjury
that on this 24`d day of November, 2009, 1 served the Opposition to Petition to Intervene,
Affidavit of Alan D. Hanscom, Affidavit of Jeffrey Dirks, by hand delivery on:
Carl D. Goodman, Esquire
Goodman Law Office
152 Lynnway—Suite 1E
Seaport Landing
Lynn, Massachusetts 01902
Elizabeth Rennard, Esquire
City Solicitor
Salem City Hall
93 Washington Street
Salem,MA 01970
Kenneth Whittaker
Adorno &Yoss
.155 Federal Street
Boston, MA 02110 � C
(� owt rAiJ �'^-'' G
Thomas A. Mackie
Mackie Shea O'Brien, PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
1
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
_ City of Salem and Northside-Carting, Inc.
Minor Modification to Existing Site )
Assignment )
OPPOSITION TO PETITION TO INTERVENE AND REGISTRATION AS AN
ABUTTER
Northside Carting, Inc. (collectively the"Applicant") opposes the Petition to
Intervene and Registration as an Abutter submitted by attorney Carl D. Goodman on
behalf of Bruce M. Glinski ("Glinski") on November 23, 2009. For the reasons set forth
below, Glinski should not be permitted to intervene and his Petition should be stricken
from the Record.
GLINSHI'S FILING IS UNTIMELY,UNSIGNED AND UNSUPPORTED BY
AUTHORITY
The Site Assignment Regulations require that a registration or petition to
intervene "shall be valid only if submitted prior to the commencement of the hearing."
310 CMR 16.20(9) (b). Public notice of the hearing was published at least 14 days before
the opening of the hearing. The hearing opened on November 11. Glinski filed his
petition on November 23. Glinski's petition must therefore be considered invalid.
1
_ I
Glinski's late filing has prejudiced the applicants in that it will require them to
address new issues that could easily have been raised and addressed much earlier in the
process. A full night of hearing and presentations have already occurred. It is also unfair
to the board to have a new party inserted near the end of the hearing process raising new
issues. His participation will only drag out the hearings, resulting in additional cost and
delay. Glinski had ample time prior to the hearing since the initial public notice of the
hearing to file a petition. He has shown no good cause to allow his intervention at this
late stage.
The Regulations also require that the"registration statement shall be signed under
the pains and penalties of perjury." 310 CMR 16.20(9)(b). Glinski has not signed any
registration statement or any other document at all. The only papers filed were signed by
Carl D. Goodman as attorney for Mr. Glinski. Attorney Goodman's "verification" does
not correct this fatal defect.
Attorney Goodman asserts that Glinski is acting as trustee of Green Dolphin
Condominium Trust and is authorized by the Board of Trustees to file the petition on
behalf of the organization of unit owners.However, he provides no support for this broad
assertion. Members of an unincorporated association may pursue an appeal on behalf of
the association only"(1) if they have authority to do so; (2) if they would be"fairly
representative"of all of the association's members; and (3) if they specify how the
project in question would injure the association or its members, or identify a legally
protected interest that the challenged permit or proj pet would affect adversely.."In the
Matter of Quarry Hills Associates, Inc. 5 DEPR 33, 37. citing Town of Nantucket
Marine Dep't., 3 DEPR at 180. Attorney Goodman has not provided either the Trust
2
Document or a vote of the Board of Trustees to support his assertion of Mr. Glinski's
authority. Without knowing who the members of the association are, it is impossible to
ascertain whether Mr. Glinski would be"fairly representative"of all of the members.
Moreover, as more fully demonstrated below, attorney Goodman has failed to specify
how the project will"specifically and substantively affect"the members. The only
information before the Board are pleadings signed by Carl D. Goodman,who is clearly
not a member of the association. We have no idea who the organization of unit owners
is, how they are organized and whose interests attorney Goodman is advancing. The
condominium association is not claiming ten citizen group status. As demonstrated more
fully below, they cannot be considered to be"an abutter or group of abutters"because
their property does not abut the site of the proposed activity.
NEITHER GLINSKI NOR THE CONDOMINIUM ARE THE OWNERS OF AN
ABUTTING PARCEL
Attorney Goodman alleges that Mr. Glinski has abutter status on the grounds that
he owns a condominium unit in the Green Dolphin Condominiums. He also appears to
claim that Mr. Glinski is an abutter as as alleged trustee of the condominium unit owners
. association. Abutter"is defined for these purposes as the owner of land sharing a
common boundary or corner with the site of the proposed activity in any direction,
including, but not limited to land located directly across a street, way, creek, stream,
brook or canal." 310 CMR 16.02. Mr. Glinski's unit is located at 33 Cavendish Circle,
Unit B. The condominium complex is located at the comer of Swampscott and First
3
Streets. The site of the proposed activity and the other properties are identified on the
aerial photograph which is attached to the Affidavit of Alan D. Hanscom attached hereto.
This site is approximately 600 feet to the north of the nearest corner of the condominium
complex and 880 away from Mr. Glinski's unit. Neither Mr. Glinski's unit nor the
condominium complex share any common boundary or comer with the site of the
proposed activity in any direction and neither is directly across the street from the site of
the proposed activity. Mr. Glinski's unit is acioss the street from other condominium
units within the Green Dolphin complex, and two streets removed from the site.
Cavendish Street is an internal street within the condominium complex that does not pass
by the site at any point. Being located over 880 feet away from the site, Glinski's unit
cannot be said to be directly across the street from the site. Likewise, none of the
condominium units or the property of the complex abut or are directly across the street
from the site of the proposed activity.
GLINSKI AND THE CONDOMINIUM ARE NOT SPECIFICALLY AND
SUBSTANTIVELY AFFECTED BY THE HEARING
The site assignment regulations provide, in pertinent part:
Intervention. Any Person who with good cause wishes to intervene in a public
hearing shall file a written request (petition) for leave to intervene. Persons
whom the Hearing Officer determines are specifically and substantively affected
by the hearing shall be allowed to intervene.
310 CMR 16.20(9)(a)(emphasis supplied).
The law of standing is not a mere technicality but an essential element of subject
matter jurisdiction:
4
[W]hether a party has standing to participate in a judicial proceeding is not simply
a procedural technicality but rather involves remedial rights affecting the whole of
the proceeding . . . . The multiplicity of parties and the increased participation by
persons whose rights are at best obscure will, in the absence of exact adherence to
requirements as to standing, seriously erode the efficacy of the administrative
process . . . . [T]o preserve orderly administrative processes and judicial review
thereof, a party must meet the legal requirements necessary to confer standing.
Save the Bay. Inc. v. Dept. of Pub. Util., 366 Mass. 667, 672 (1975).
Because the standing provisions of the site assignment"regulations appear to
have been based upon the more formal requirements of G.L. c. 30A, [it is appropriate to]
consider analogous practice under that chapter." RicMer Properties, hic. v. Board of
Health of Revere, 59 Mass. App. Ct. 173, 176 (2003). The regulations with respect to
intervention parallel the Standard Adjudicatory Rules of Practice and Procedure. Id.
"Where procedural issues arise regarding the conduct of the hearing which are not
governed by 310 CMR 16.20, the Hearing Officer may rely on 801 CMR 1.00 Standard
Adjudicatory Rules of Practice and Procedure, to resolve such issues. 310 CMR 16.20
(11)(c)(9).
The Standard Adjudicatory Rules of Practice and Procedure and the DEP Rules of
Adjudicatory Procedure both use virtually identical language as the site assignment
regulations. Under all three sets of regulations to intervene a person must be
"substantively and specifically affected." See 801'CMR 1.01 (9) and 310 CMR
1.01(7)(d).
Persons who are "substantially and specifically affected by the adjudicatory
proceeding"may intervene in it upon a showing of good cause. 310 CMR 1.01(7)(d). A
potential intervenor must allege a concrete injury he or she is likely to suffer as a result of
the Department's decision under appeal See e.g., Matter of Massachusetts Hi way
J
5
Department, Docket Nos. 96-036 and 96-041, Ruling on Highway Department's Motion
for Summary Decision and Stockbridge's Request to Intervene, 3 DEPR 203, 205
(October 30, 1996); Matter of General Chemical Corporation, Inc., Docket No. 94-006,
Ruling on Standing Order(October 28, 1994); Matter of NNB Associates, Docket No.
85-91, Decision on Status of Charles River Watershed Association, 5 MELR 1067, 1092
(February 24, 1987). A potential intervenor must also show"a nexus between the relief
sought and the subject matter of the proceeding." Massachusetts Highway Department, 3
DEPR at 205. In addition, the interests of the potential intervenor must be "arguably
within the zone of interests to be protected by the statute or regulation in question." Id.,
quoting Matter of NNB Associates, 5 MELR at 1092. Finally, a potential intervenor
must show that the relief it seeks would alleviate the harm it alleges. Massachusetts
Highway Department, 3 DEPR at 205.
Courts have uniformly held that standing requires a showing of some special
injury distinguishable from the type of harm that may be suffered by the general public.
See, e.g., Barvenik v. Aldermen of Newton, 33 Mass.App.Ct. 129 at 132 n. 9 (1992)
("aggrieved person"in case brought pursuant to G.L.c. 40A, § 17 must demonstrate "that
his injury is special and different from the concerns of the rest of the community"); Luian
v. Defenders of Wildlife, 112 S.Ct. 2130, 2136-2137, 2139 (1992) ("Standing ... requires
a factual showing of perceptible harm"). A person must"assert a plausible claim of a
definite violation of a private right, a private property interest, or private legal interest."
Standerwick v. Zoning Board of Appeals of Andover, 447 Mass. 20, 27 (2006). "Of
particular importance, the right or interest asserted must be one that the statute under
which a plaintiff claims aggrievement intends to protect." Id.
6
Glinski expresses concern over traffic congestion at intersections on certain city
streets and potential emissions from traffic. "[N]ot all traffic-based objections to a special
permit or variance will furnish a plaintiff withstanding. The traffic-based injury to a §17
plaintiff must be more than speculative, and must bear some nexus to the plaintiff's use
and enjoyment of its property." Titanium Group LLC v. Zoning Board of Appeals of
Brockton, 2009 WL 117989 (Mass. Land Ct.). Glinski has not alleged any private right or
interest that will be affected by the site assignment either in his personal or representative
capacity. Neither Glinski nor any of the condominium unit owners live on or near any of
the intersections about which he expresses concern. Attached to this Opposition is the
Affidavit of Jeffrey S. Dirk, P.E., the Applicant's Professional Traffic Engineer,
expressing his expert opinion that traffic at these intersections will not affect Glinski or
the condominium unit owners any differently than it will affect the general traveling
public. Evidence of a general increase in traffic on major thoroughfares,without showing
of"any particularized effect on [the] plaintiff's property," are insufficient to confer
standing. Avin v. Board of Zoning Anneals of Cambridge, 51 Mass. App. Ct. 1109
(2001). See also, Nickerson v. Zoning Board of Appeals of Ravnham, 53 Mass. App. Ct.
680 (2002) (While the plaintiff"undoubtedly is inconvenienced by the heavy traffic"
individuals acquire a standing interest only by asserting a plausible claim of a definite
violation of a private legal interest); Bell v. Zoning Board of Appeals of Gloucester, 429
Mass. 551 (1999) (plaintiff denied standing under G.L. c. 40B because claimed injury
incurred "only to detriment of community at large, and not to [plaintiff] specifically);
Rinaldi v. Board of Appeals of Boston, 50 Mass. App. Ct. 657 (2001) (claim to interest
must be "different from that suffered by the community at large"); Cohen v. Zoning
7
Board of Appeals, 35 Mass. App. Ct. 619 (1993) (claim of interest must be separate from
that of the public at large and must be factually substantial.)
Likewise, Glinski's concern over emissions is generalized—"I am also concerned
that 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 impact on the air
quality resulting in even greater respiratory problems for residents of my neighborhood."
Neither of these concerns rise to "special injury"which would warrant granting Glinski
intervener status in either his personal or representative status. "Claims that involve
matters of general public interest or concern rather than a private right or interest are
insufficient to confer standing as an aggrieved person." Harvard Square Defense Fund
Inc.v. Planning Board of Cambridge, 27 Mass. App. Ct. 491, 492-93 (1989). Moreover,'
Glinski has not shown"good cause"to intervene. His comments can become part of the
record as a participant, a category of persons who do not rise to the level of intervener.
CONCLUSION
For the foregoing reasons, the Hearing Officer should deny Glinski's Petition to
Intervene and strike the Petition to Intervene &Registration of Abutter, all exhibits
thereto including the Written Comments of Bruce Glinski.
Although the Applicant believes that Glinski is not"specifically affected"by the proceeding to support
participant status,it will not object to such status if he withdraws his Petition to Intervene. Otherwise,for
the reasons stated above,the Applicant also opposes bestowing participant status on Glinski.
8
Respectfully Submitted,
Northside Carting, Inc.
By its attorney,
Thomas A. Mackie
Mackie Shea O'Brien,PC
420 Boylston Street Suite 504
Boston,Massachusetts 02116
Date: November 24, 2009
9
CITY OF SALEM
BOAD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
- Assignment._.
1
AFFIDAVIT OF JEFFREY S. DIRK, P.E., PTOE IN OPPOSITION TO
PETITION TO INTERVENE & REGISTRATION AS AN ABUTTER
1. I am a Massachusetts licensed Professional Engineer, employed by Vanasse and
Associates,Inc. Transportation Engineers and Planners. My resume is attached to
this Affidavit as Exhibit 1.
2. Northside Carting, Inc. has engaged Vanasse and Associates, Inc. to provide
traffic analysis services in connection with the minor modification to site
assignment applied for by it and the City of Salem.
3. 1 personally supervised preparation of the traffic analysis materials presented by
Vanasse and Associates, Inc. to the Board of Health in support of the minor
modification to site assignment.
4. The City of Salem owns and Northside Carting, Inc. currently operates a solid
waste transfer station on the existing site. The Applicants propose to recons
the transfer station and increase the daily maximum tonnage from 100 to tons
per day.
5. 1 have reviewed the Petition to Intervene &Registration of Abutters filed on
behalf of Bruce M. Glinski.
6. Mr. Glinski claims abutter status on the grounds that he owns a condominium unit
at 33 Cavendish Circle, Unit B in the Green Dolphin Village Condominiums and
in his representative capacity as an alleged trustee of the condominium unit
owners' association.
7. Mr. Glinski's Petition expresses concern over congestion and delays at the
intersections of First Street and Swampscott Road, Swampscott Road at Highland
Avenue and Trader's Way at Highland Avenue. I have assessed the impact of the
site assignment modification on these intersections.
8. In preparing my traffic analysis and this affidavit I have reviewed aerial
photographs and maps of the site of proposed activity and its surroundings,
including the Green Dolphin Village Condominium Complex.
9. I have personally visited the site of proposed activity on numerous occasions and
observed the proximity of the Green Dolphin Village Condominium complex.
10. The site of the proposed activity and the other properties are identified on the
aerial photograph which is attached to this Affidavit as Exhibit 2.
1
11. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself, depicted in gray on Exhibit 2.
12. The condominium complex is located at the corner of Swampscott and First
Streets depicted on Exhibit 2 and Mr. Glinski's unit B at 33 Cavendish Circle is
depicted on Exhibit 2.
13. Mr. Glinski's unit is located on Cavendish Circle, two streets removed from the
site of the proposed activity. Cavendish Circle is an internal street within the
condominium complex that does not pass by or through any of the intersections
about which Mr. Glinski expresses concern.
- - --
147.--''—Based upon a field'visit to-Mr:Glinsla's`umt=arid=the-condominium complex;
t traffic access to his condominium is directly from Cavendish Circle and to the
other condominium units is from Cavendish Circle or other internal streets, which
in my opinion will not be affected by the proposed transfer station.
15. The intersections cited by Mr. Glinski currently accommodate between 1,000 and
4,000 vehicles per hour during peak traffic volume periods. To the extent that
Mr. Glinski or any other unit owner traverses these intersections,they
individually represent less than 0.1% of overall traffic at the intersections. As
such their interests are no different that those of all-otherusersof these City
streets.
16. It is further my opinion that the modification of the transfer station will not have a
special or unique adverse affect on Mr. Glinski or any other owner of a
condominium any different from the affects on the general public, which in my
opinion will be minimal and will not constitute a traffic danger to public health,
safety or the environment.
Signed and sworn under the pains and penalties of perjury this 24th day of
November, 2009
J fry . Dirk, P.E., PTOE
MA P.E. No.: 38871 Civil
2
Jeffrey S. Dirk, P.E., PTOE
Education University of Massachusetts, Amherst, B.S.C.h. with honors,1991
Affiliations institute of'IYansportationEngineers
Member-Traffic Engineering Council
Immediate Past President—New England Section of the Institute of T anspoYation Frigineers
Boston Society of Civil Engineers
National Society of Professional Engineers
Massachusetts Society of Professional Engineers
Member,Ethics&Registration and Certification Committee
University of Massachusetts,Amherst
Momber-Advisory Board to the Department of Civil and Environmental Englri&�ring
Registration Registered Professional Engineer:Connecticut,Massachusetts,Maine, New 1-lampshire,Rhode Island and
Virginia
National Council of Examiners for Engineering and Surveying(NCEES)Record Holder
Certified Professional-Traffic Operations Engineer(I'fOE)
SUMMARY OP EXPERIENCE
Mr. Dirk is a Vice President and Senior Project Manager at Vanasse& Associates, Inc. with Over seventeen years of
cxln:rie:nce in the Traffic Engineering and l'lanspor4tion Planning fields. He is a Registered Professional Engineer in
the states of Connecticut Massachusetts, Maine,New tlampshire,Rhode Island,and Virginia,and has been Certified
as a Professional Traffic Operations Engineer (PTOF.) by the fransportalion Professional Certification Board of thu
Institute Of "Transportation Engineers (ITE). His respunsibilitius include the design and analysis of roadway,
intersection,and interchange systems and the preparation and review of traffic studies and roadway and intersection
design plans for both private and municipal clients, Mr. Dirk's experience includes a wide range of transportation
duties. 'rraffie studies included performing trip generation calculations, haffic modeling and analyses,distribution,
and traffic assignment computations, as well as the development of I ransporlation Demand Management (TUM)
slrategiesand site access and ofkile improvement flans. llc has cxh•nsfve exporienm with the design and analysis Of
signalize)and unsif;nalized intersections,including the design and timing of closed-lotrp fettle signal systems,
Mr. Dirk has prepared detailed design specifications,contract dotaumenls,and plans for traffic signals,roadways,and
pedestrian and bicycle facility designs for state anal municipal clients including the Massadtmx4ts Highway
Department(Masstlfghway);Maine, New Hampshire,and Rhode Island Departments of'frtnnsporlffiion(DOTs);and
The California Department of TransporWlion(C'ACfRANS), Mr. Dirk has also been qualified as an expert wilntss in
the 'Transportation planning and "traffic Engineering fields in the Stales of Connecticut, Massachusetts,
New Hampshire and Rhode Island,and has represented private and municipal clients in testimony and pnwcntations
before local and stale agencies,municipal officiak,and courts of law.
Previous Experience
Mr.Dirks transportation projects have included;
• 'Toffee Signal Design - Supervised, designed, and managed the preparation (if traffic signal plans, phasing and
timing•design,cnrrrdfnation charts and lime-space diagrams,s(mcificatinns and eshmahs for traffic signal installations
on Route W in Millbury, Auburn, and Worcester, MA; Route 12 in Auburn, MA; loofa 28 in Brockton, MA;
Commonwealth Avenue in Newton, MA; I lanulton Sheet and Washington Street in f.cominster, MA; Route 1 in
Attleboro, MA; Route 126 in Ashland, MA; and Quinsigamond Avenue, Southbridge Street, Main Shed, and
Pleasant Street in Worcester, MA. Prepared traffic signal design plans and timing and coordination plans for close([-
loop traffic signal systems for the Brosnihan Square Gateway project in ills City of Worcester;Pleawnt Street corridor
system in file City of Worcester;and the Commonwealth Avenue restoration project in tho City of Newlon.
Pedestrian and Bicycle Facilities - Dcvelmped design specifications, route/alignment alternative evaluation
parameters,and preferred alignment selection and design for bicycle and pedestrian facilities,both Omand off-street,
in Worcester,MA and along the Blackstone River Valley from Blackstone,MA to Millbury,MA, Developed warrants
for and desi}pmd and evaluated locations for tine installation of audible pedestrian devices as aids to the visually
impaired at signalized inlerwdions.
I1:\VAI\IU enm \ItiU\ISD t4xumr 022ARd,w �N
RESUME
Jeffrey S. Dirk, P.E., PTOE (continued)
Peer Review Services - Assisted the Towns of Foxltorough, Hingham, Sharon, Plymouth and Wrentham,
Massachusetts; the City of Basion; and the'towns of Greenland, Hampton and Plaistow, New Hampshire, in the
review of traffic impact studies for proposes) retail, offkv, residential and mixed-use developments, and planned
roadway and transportation infrastruclum projects.
Traffic Impacl Studies•Supervised prepared atilt managed the preparation of traffic;impact studios in, traffic
modeling alternatives analysis; trip generation;distribution and aysignuuml;roadway and fntcrx:clion analyzes; the
development of Transportation annand Management (TDM)strategies;and the development of site access and Off-
site improvement plans; for both small and large developments, institutional transportation master plans, and
sporting and event facilities throughout the New England region, hecent projects completed include the following:
"I'ufts University Grafton Campris Master Wait, Grafton,Massachusetts-This project included the development of an
institutional Master Plan for the Tufts University Grafton Campus in an effort to manage transportation issues related
to the Campus and future development in the area. The project included a 256,8511+ sf expansion of the existing
campus,as well as the development of a 7U2OO+sf biomedical science park. The work effort included the review
and development of vehicular and pedestrian connections both internal it, the campus and to and from the local
roadway system providing access to the Unii,mity. Sptcvific measures in reduce vehicular travel and parking demand
on the Campus and encourage bicycle and pedestrieit travel were developed. Potential off-campus improvements
were developed where necessary to improve traffic flows and address vehicle and pedestrian safety issues.
'Puffs Hialrediral Srienre Park, Grafton, Massachusetts - This projcet incluclxl tic development of it 702,0011+ if
H0111( )Wal rosearuh and development park in conjunction with Tolls University. The study area included
12 inter5eCtinnS,duvdupnlent of pedestrian and bicycle Connections to anal Dont lhe'I'ufts Universlly Campus and the
adjacent META Commuter Rail Station,and the development of'I'UM strategies in conjunction with the University,
the biomedical science park and the Town of Grafton.
The Pinehills Conninnoty, PhImostlh, Missnn9ursel19 - This project involved the development of it 3,2110 + acre
planned use development(PUD)consisting of 2-132 limited occupalxy homes;920 planned retirement hones;four tri-
hole golf courses;and 1.3 million sf of commercial retail/offish.space. The shidy arca encompassed 'L5 intersevaiuns
and included Houle 3 from Ilse Kinsto n'I'own Line to the Bourne Town Linc and Ili]ramps Land interchanges bctwcen
they'points. Major deveiopment goals of the project ineludcal Ilse devclopmenl of a transportation system that Would
adequately serve the needs of the community, while balancing the desires Of the devaloper and the'l'own to maintain
the rural character of the existing roadways, Ute project site and adjacent properties. the work effort included till-
development
hedevelopment of it detailed TDM program of the community; traffic c alining,measures to reduce vehicle travel spcisis
through the community and discourage rut-through traffic un residential roadways design of off-site roadway
improvements, including Route 1 inten1tange modifications, traffic signal installations,modern roundabout,and by-
pass roadway design.
30 Camhrf lge Park Urine,Cam6riQge,Massachusetts-'fits projos3 tnvoivnd the devc40pm1111t of a.11[-unit apartment
community to be lorated across form the Alewife MITA station in Cambridge. The analysis included it detailed
assessment of project related impacts as they related ht the City of Cambridge Interim Planning Overlay Petition
(IPOP) eritcria and the development of mitigation measures to address impacts that exceeded tine IPOP criteria.
Integration of tine project into existing and planted pedestrian and bicycle facilities in tiw vicinity of the project and
connections to the Alewife MBIA station were developed ho reduce tine vehicular dennands of the projmt on the
transportation infrastructure.
Patriot Place,Paxhurough,Massochrigells-This projw entailed the development of approximately 1.3 million sf of
commercial,recreational,office and medical office space,including the.first Bass Pru-Shops ouWoor retail.store in the
na'theash to be knated adjacent to Gillette Stadium, home to Iia New England Patriots football teann and the
New England Revolution sa:cer team. Tho work effort included detailed traffic nnalcling and analyses of operating
conditions both with and without till went al Gillette Stadium, inclusive Of hold vehicle atilt pedestrian access and
circulation,at Over 30 intersections, including the 1-95/Route'I and 1-495/Route 1 interchanges; the development of
game day traffii,parking,and pedestrian ntanagernent plans for the Houle I corridor and within the stadium parking;
lacilitles;formulation of a comprehensive'I'I)M prognnt for hath Stadium events and typical daily operations of both
the Stadium(non-event)and the planned commercial center. This pmjeri enluihict multiple challenges unique to the
creation of it vibrant con niumial facility proximate hr is 68,000-seat stiaalium surrounded by over 14,000 puking spaces
and bonhatcd by a four-lime stale highway,an active rail tine and seasonal commuter rail station,and welland areas,
n:\von u Hume.\lsn\Iso ILsum,au�ma,. 2
V {id
RESUME
Jeffrey S. Dirk, P.C., PTOE (continued)
South Slatiou Air Rights Development, Qoslnu, Massachusetts - This projmA Involved the preparation of a
comprehensive transportation impact assessment and planning dexwucnt for the development of approximately 2.1
million gross square feet of office, hotel and research and development(R&D)space to be located in three buildings
encompassing it forty-swen story office power;it.500-room hotel and a nine-sloly R&D building;to be located over the
South Station Transportation center and the Mf3TA and Anntrtk rail Imes. Key elements to the completion of this
work effort were inlegraling file transportation elements of the planned pnjm;t into the future regional and local
surface transportation system being constructed by the CA/T project and the City of Boston, and planned public
transportation improvements tieing undertaken by the Mi3rA, Amtrak, and the Massachusetts Port Authority. A
cungmulimsive TDM program and parking,management plan were developed for the project,as well as a'comtructiun
management plan and service/delivery truck operations nunagenamt plan. Close coordination with the City of
iM>slon, the CA/T project, file META, Amtrak, and titin U.S. Postal Services were it primary part of the su.ressful
completion of this planning effort,
The Village at Hospital Hill, Northampton, Massachusetts-'Chis prnjcct included the redevelopment of the former
126-acre Northampton Stale Hospital campus into it Itlixed-Ilse community ('tic,ltopasling approximately 207
residential units,an assisted living facility,and approximately 47b,O110 of of commercial apace,includfn};a mix of light
industrial,office, and retail space,as well as a community center and day care facility. The project was subject to
extensive environmental review by the state and included several community meetings and workshops to solicit ideas
and refine Ilse cleniets and goals of the planned community. The study area encompasstitl 17 intersections and Ill
roadways,as well as local and regional bus services and pedestrian and bicycle facilities. The major elements of the
work effort inhaled a detailed analysis of existing and future opening mnalitiuns on the study IImdWily s and at the
study inter.,mkions;the development and evaluation of improvements and roadway alignment alternatives to address
existing and projected future deficiencies; providing traffic calming alternatives designed to reduce traffic volumes
and travel speeds in residential areas,and tilt.development of a comprhensive'rDM program for the employees and
residents of lite contntunily that Incorporated public transportation, pedestrian anti bicycle resounvs, as well as
provision of on-site amenities in order to reduce off-site traffic impacts ass.—iated with(tie development. An annual
monitoring program was developed designed to gauge the effectiveness of lite I PM poogrom and to allow for tilt.
expalvai t and refinement of the scrviers offered. Coordination with the City of Noithampinn,the Citizens Advisory
Conmrnitlee (CAC), k4assHighway, pile regional planning agcomy, and the Pioneer Valley Transit Authority (PVTA)
were an integral part of the planning effort completed for the community.
South Cape Village,Mashpee, Massachusetts.,this pluti,t consisted of the development of it 160,0004 retail center
located off Route 28 and west of the Mashpee Rotary in Mashpm, Massachusetts, the project was subject to an
expensive review by the Massachusetts Environmental) Policy Act (NEPA) Office, Massi lighway, the Cape Coat
Commission ,and the town of Mashpee, and was the first major project to tic reviewed under the Development of
Regional Impart (DRI) guidelines of the 2002.Cape Cod Regional Policy Plan. The study arca for the project
encompassed 50 regional intersections and 92 regional roadway links, and included lilt evaluation of public
transportation services and pedestrian and bicycle facilities under both average and peak sooner month conditions.
'the successful approval 01 this project required extensive coordination with Massl lighway,the Town of Mashpee and
the Cape Cod Connni.csion, A detailed 'CDM program was developed for Ilse project, as well as a comprchomsive
assessment of improvements a ternalivaw for the Mashpee Rotary, including a two-lane assessment of improvement
'alternatives for tine Mashpee Rohlry, including it two-lane modern roundabout, grade-separated interchange and
coordinated traffic signal control.
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CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting,Inc. )
Minor Modification to Existing Site )
Assignment )
AFFIDAVIT OF ALAN D.HANSCOM IN OPPOSITION TO PETITION TO
INTERVENE AND REGISTRATION AS AN ABUTTER
I. I am employed as a Senior Associate by BETA Group, Inc, located in
Norwood,Massachusetts. My resume is attached to this Affidavit as Exhibit 1.
2. Northside Carting, Inc.has engaged BETA Group, Inc. to provide services in
connection with the City of Salem and Northside's application for a minor
modification to site assignment.
3. In conjunction with Anthony Wespiser, P.E., I have personally supervised
preparation of the materials presented by BETA to the Board of Health for the
minor modification to site assignment. Mr. Wespiser is the Professional
Engineer at BETA responsible for compliance with Site Assignment and Solid
Waste regulations pertaining to this project.
4. The City of Salem owns and Northside Carting, Inc. currently operates a solid
waste transfer station on the existing site. The Applicants propose to
recons ct the transfer station and increase the daily maximum tonnage from
100 t100 tons per day.
5. I have reviewed the Petition to Intervene &Registration of Abutter filed on
behalf of Bruce M. Glinski of Salem,Massachusetts.
6. Mr. Glinski claims abutter status on the grounds that he owns a condominium
unit at 33 Cavendish Circle,Unit B, in the Green Dolphin Village
Condominium complex and in his alleged representative capacity as a trustee.
7. The DEP Site Assignment Regulations define "abutter"as"the owner of land
sharing a common boundary or comer with the site of the proposed activity in
any direction, including,but not limited to land located directly across a street,
way, creek, stream,brook or canal" 310 CMR 16.02.
8. In preparing the site assignment materials and this affidavit I have reviewed
aerial photographs and maps of the site of proposed activity and its
surroundings,including the Green Dolphin Village Condominium complex.
1
9. I have personally visited the site of proposed activity on numerous occasions
and observed the proximity of the Green Dolphin Village Condominium
complex.
10.The site of the proposed activity and the other properties are identified on the
aerial photograph which is,attached to this Affidavit as Exhibit 2.
11. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself, depicted in gray on Exhibit 2.
12. The condominium complex is located at the corner of Swampscott and First
--Streets-depicted on Exhibit--and Mr.-Glinski's-Unit-B-at 33-Cavendish-Circle-
is also depicted on Exhibit 2.
13. This site of proposed activity is approximately 600 feet away from the nearest
corner of the condominium complex, approximately 1,100 feet away from the
entrance to the condominium project and approximately 880 feet away from
Mr. Glinski's unit at 33 Cavendish Circle.
14. Directly across the street from the condominium complex is land owned by
the City of Salem that is not included in the site of the proposed activity.
--
Thereisa-significant buffer--of-approximately-600feetof land-along-the -
westerly side of Swampscott Street between the site of the proposed activity
and the nearest corner of the condominium complex.
15. Directly across the street from Glinski's unit are other condominium units
within the Green Dolphin Village Condominium complex.His unit is two
streets removed from the site of the proposed activity. Cavendish Circle is an
internal street within the condominium complex that does not pass by the site
at any point.
16.Neither Glinski's unit nor the condominium complex share any common
boundary or corner with the site of the proposed activity in any direction and
neither is directly across the street from the site of the proposed activity. It is
therefore my opinion that neither Mr. Glinski nor any of the condominium
unit owners is an"abutter"as that term is employed in the DEP site
assignment regulations.
17. It is also my opinion, due to the distance of Mr. GlinsId's residence and the
condominium complex from the transfer station and the proposed design and
operation of the transfer station,modifications to the transfer station will not
have a special or unique adverse affect on Mr. Glinski or the condominium
owners. In my opinion, any such effects on the general public, including Mr.
Glinsld and the condominium owners, will be minimal and such conditions
will not constitute a danger to public health, safety or the environment.
Signed and sworn under the pains and penalties of perjury tl�day of
November,2009.
Alan D. Hanscom, LSP
2
Exhibit 1
Alan D. Hanscom, LSP 1.
UM
Senior Associate
Experience: 32 Years
Education B.S. Civil Engineering, University of Maine(1976)
C £
Registration Licensed Site Professional: MA#2152
F�
Professional Overview
As a Senior Associate at BETA Group, Inc., Mr. Hanscom is involved with the firm's most
challenging and critical projects involving environmental permitting, building demolition and
environmental contamination. He has comprehensive knowledge and understanding of federal, state,
and focal environmental laws and regulations in addressing environmental issues for a variety of
clients. His clients have included public and municipal agencies, developers, utilities, manufacturers
and other private sector clients.
Mr. Hanscom has a very broad-based range of experience which includes municipal and industrial
wastewater collection and treatment, hydrogeology, hazardous materials assessment and
management, site investigations and remedial design of soil, groundwater and vapor-phase -
contamination.
Over the course of his career, Mr. Hanscom has also provided litigation support services for
projects involving an unpermitted landfill and cleanup of petroleum compounds, heavy metals and
solvents at a truck maintenance facility. Services have included depositions, fact and expert
testimony, and related support services. His project experience includes:
• Environmental Permitting
• Environmental Site Assessment
• Building Demolition
• Hazardous Materials Management
• Regulated Building Materials Management
• Remedial Action Assessment and Planning
• Remedial Design of Soil, Groundwater and Vapor Phase Contamination Treatment Systems
Salem Transfer Station —Salem, MA
• Coordination and preparation of an expanded Environmental Notification Form for MEPA review,
supported by air quality, noise and traffic Impact studies by various Specialty Consultants.
• Preparation of a Notice of Intent under the Wetlands Protection Act (WPA), including presentation
of the project at the local Conservation Commission public hearings.
• Coordination and preparation of landfill closure and site grading plans, including storm water
quality management and O&M plans required by the Local Conservation Commission.
Naval Air Warfare Center, BRAC Redevelopment Plan, Westminster County,Pennsylvania
• Served as Task Manager for dealing with site contamination, regulated building materials and
waste management issues for 1,200-Acre NAVFAC Research and Development Center, including
summary of all environmental data, public participation support, development of environmental
constraints, recommendations for cleanup, estimates of probable remediation costs, and related
tasks.
• Waste disposal areas included solid waste disposal areas, waste oil lagoons, burn pits, firefighting
areas, UST releases, and on-site wastewater disposal areas.
Driver Radio Frequency Tower Site, BRAC Reuse Plan, New Jersey
• Under the BRAC Program, served as Task Manager for site contamination, regulated building
materials and waste management issues for former Radio Tower Site scheduled to be
decommissioned. Project included summarizing all environmental data, development of
0209 -Alan D. Hanscom, LSP 1
Exhibit 1
environmental constraints, recommendations for cleanup, estimates of probable n
um
remediation costs, and related tasks.
• Waste disposal areas included solid waste disposal areas, UST releases, and on-site wastewater
disposal areas. ,
EPA Brownfields Initiative-Chicopee Pilot Project,Former Bay State Wire-Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management-of containers-of-oils--and-hazardous-materials,-
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
• Due to large quantities of building demolition debris and regulated wastes, cost effective reuse
and recycling alternatives were evaluated and implemented.
EPA Brownfields Initiative - Mansfield Hathaway Patterson Site -Manst7eld, MA
• Provided technical support to Team of planners and local steering committee regarding cleanup,
reuse of former wood processing facilities, including Phase II detailed site Investigations, human
health and ecological (qualitative) risk characterization, public participation, estimates of probable
remediation costs, etc.
• Provided-detailed discussion of-funding programs and support to-help protect future property
owners from liability from pre-existing conditions.
Wellesley DPW Yard- Wellesley, MA
• Environmental assessment and design of a permeable soil cap to deal with residual PCB
contamination during redevelopment of the Wellesley DPW Site, Project included significant soil
sampling and analyses under the Massachusetts Contingency Plan (MCP)'and the Toxic Use
Control Act(TSCA) administered through the U.S. EPA.
• Development and implementation of a detailed Work Pian associated with characterization of PCB-
impacted soil, concrete and other contaminated media under the Toxic Use Control Act (TSCA).
Project included excavation and off-site management of over$,000 tons of contaminated soil and
concrete.
• Licensed Site Professional (LSP) services were provided throughout the project, culminating in a
permanent solution Response Action Outcome (RAO), supported by a site-specific activity and use
limitation (AUL).
• Associated services included technical support and oversight of soil excavation and management
activities, including storm water and dewatering permitting, during construction of the new
Administration and Wellesley MLP Maintenance Buildings at the site.
Keith Middle School-New Bedford,MA
• Environmental permitting, design and oversight of environmental response actions associated with
site selection, design and oversight of construction of a $70Million Middle School.
• Preparation of a Notice of Intent under the Wetlands Protection Act (WPA), including presentation
of the project at the local Conservation Commission public hearings,
• Prepared and submitted detailed Work Plan in accordance with requirements under the Toxic
Substances Control Act (TSCA) related to the presence of polynuclear aromatic hydrocarbons
(PCBs).
• Provided oversight and documentation of all environmental response actions associated with soil
stabilization, capping and off-site management.
• Performed all permitting associated with pumping, treatment and surface discharge of
groundwater.
• Designed and provided oversight of$0.75 Million wetlands remediation project.
Gallo Construction -Worcester, MA
• Performed site review of various development constraints for 50,000-ton Salt Storage facility.
• Developed conceptual site plan and designed surface water controls for permitting through the
City Zoning Board of Appeals and the Worcester Department of Public Works.
0209 -Alan D. Hanscom, LSP 2
Exhibit 1
now
Designed innovative collection system for storm water collection and re-use as
brine for snow and ice control.
Massachusetts Department of Environmental Management, Jug End Property - Egremont,
MA
• Completed the design and construction phase services associated with underground storage tank
removals, contaminated soils management, stabilization of lead contamination at a former skeet
range, management of hazardous wastes, closure of landfills and lagoons, and demolition of
thirty-seven_(37) buildings.
• Project included extensive environmental permitting, archaeology, historic structures, and public
participation.
EPA Brownfields Initiative- Chicopee Pilot Project, Former Bay State Wire- Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management of containers of oils and hazardous materials,
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
Due to large quantities of-building-demolition debris and regulated-wastes, cost- effective reuse -
and recycling alternatives were evaluated and implemented.
Phase IV MCP Pan Am/Van Dusen Fuel Farm, Logan Airport-Boston, MA
• Developed a Phase IV Remedy Implementation Plan under the MCP regulations.
• Provided Licensed Site Professional (LSP) services and environmental engineering services during
the Central Artery contracts that will remove the tanks and contamination. Ultimately, these
services will lead to closure of all required MCP response actions at the Fuel Farm, including the
issuing of a Response Action Outcome Statement.
21E Environmental Assessments and MCP Immediate Response Actions - Massachusetts
Highway Department
Provided environmental consulting and Licensed Site Professional services for environmental
investigations at eleven MHD facilities and Immediate Response actions at over 30 other MHD
facilities. The US EPA and Massachusetts Department of Environmental Protection (DEP) issued a
Consent Order requiring the MHD to conduct environmental investigations of all of their 139
facilities to determine if a release of oil or hazardous materials to the environment has occurred.
These investigations are being conducted in accordance with Massachusetts General Laws Chapter
21E and the Massachusetts Contingency Plan (MCP) regulations.
U.S. Fish and Wildlife Service
• Responsible for the development and overall coordination of preliminary and comprehensive site
assessment activities, detailed evaluation of soil remediation alternatives and design of remedial
measures for the U.S. Fish and Wildlife Service at the Parker River National Wildlife Refuge in
Newburyport, MA.
• The project was performed under an MCP Waiver of Approach and included extensive site
investigations, remote aerial sensing of PCB-impacted soil utilizing infrared and multispectral .
technology, development and implementation of cost-effective short term measures in lieu of
regulatory directive, development and execution of an extensive public information program,
detailed evaluation of contaminated soil management options, and design of a comprehensive soil
management program which included in-situ characterization, segregation, on-site stabilization,
on-site treatment/disposal, etc., and all related documentation requirements.
Arsenal Street Access, Partnership- Watertown, MA
• Responsible for overseeing environmental assessment and response activities on a parking lot
expansion project in Watertown.
• Services included a pre-acquisition site assessment, development of an estimate of probable
remediation costs, all phases of the MCP compliance process dealing with detection, reporting, and
0209 -Alan D. Hanscom, LSP 3
Exhibit 1
remedial action associated with asbestos containing demolition debris, removal of num
abandoned rail lines, environmental sampling and analyses, and all associated LSP services.
• Specific MCP-related submittals include Release Notification Forms, a Release Abatement Measure
(RAM) Plan, and a RAM Status Report.
Talleyrand Chemical Facility Demolition -New Bedford, MA
Provided environmental engineering services related to demolition and cleanup of buildings and
debris at the farmer Talleyrand Chemicals facility.
• Supervised the removal three fuel oil USTs and two liquid vinyl chloride monomer USTs,
• Provided field services to supervise the contractor's work, and collected confirmatory samples and
- -- —prepared final-UST ciosure-documentation.--- -- -- - - - -- ---- --. -
• Supervised the removal of RCRA Hazardous sludge from on-site settling basins. The sludge, which
contained elevated levels of vinyl chloride, trichloroethylene (TCE), and other chlorinated solvents,
was shipped under a DEP Bill-Of Lading to an off-site disposal facility.
• Oversaw the on-site treatment of VOC-impacted water within the settling basins. The impacted
water was passed through a carbon filter and a subsequently discharged to the municipal sewer
system. Analytical results indicated that the treatment process removed 100% of the VOC
compounds.
Industrial Heat Treatment Environmental Site Assessment-Quincy, MA
• Conducted an Environmental Site Assessment (ESA) of a metal treating facility in Quincy,
Massachusetts to identify pdtential-environmental liabilities associated withaproperty transfer.- . -
• Based on the findings of the ESA, recommended a Supplemental ESA including soil and
groundwater sampling was performed to investigate the areas of concern identified during the
ESA. The subsurface investigations resulted in the discovery of soil and groundwater contaminated
by chlorinated solvents and petroleum products.
• Prepared a conceptual remediation plan and cost estimate for a vapor extraction groundwater
remediation system to address the chlorinated solvent contaminated soil and groundwater.
• Prepared a Release Abatement Measure (RAM) Plan approved by the Massachusetts Department of
Environmental Protection (MADEP) to address the petroleum contaminated soil and groundwater
encountered at the former gasoline service station.
• Coordinated design and operation of ozone sparging system to address residual concentrations of
solvents in soil.
Urquhart School-Beverly, MA
• Managed the assessment, characterization, and construction phase services related to remedial
levels of lead arsenate and DDT pesticides at former orchid growing operations.
• The project included extensive characterization of pesticide-impacted soil, coordination of off-site
disposal, preparation of bid documents, public participation and contract administration.
Environmental Site Assessments, Former Conway Bedding- Chicopee, MA
• Site assessment to identify recognized environmental conditions for overt evidence of a release or
threat of release of oil and/or hazardous materials.
• Additional activities included federal, state, and local records-review and interviews with people
knowledgeable about the site.
• Environmental concerns were identified consisting of potential asbestos-containing materials and
lead-based paint, polychlorinated biphenyl containing equipment, underground storage tanks, and
floor drains.
Ivory Plaza -Braintree, Massachusetts
• Provided risk characterization services in support of a Phase II Comprehensive Site Assessment for
the Ivory Plaza.
• According to the Massachusetts Contingency Plan (MCP), conducted a Method 3 Risk
Characterization for the Ivory Plaza that included a human health risk characterization, a
characterization of risk to safety, a public welfare risk characterization, and an environmental risk
characterization. Contaminants detected in soil, groundwater, surface water and sediment at the
site were attributed to the former uses of the site as an art and leather facility, electronics
0209 -Alan D. Hanscom, LSP 4
Exhibit 1
manufacturing facility and rail yard. Petroleum and chlorinated solvents were
detected in soil and groundwater, and metals and PCBs were detected in surface water and
sediment.
• After the risk characterization, a Release Abatement Measure was prepared involving the
excavation and off-site disposal of PCB and metal impacted sediment, was conducted to address
contaminated sediment in the on-site wetland.
• At the conclusion of the Release Abatement Measure, the wetland was restored to pre-remediation
conditions.
Massport, East Boston Piers Development
— •—For-Massport, -was-responsible-for regulatory compliance and-technical_guidance associated with
environmental assessments performed for the East Boston pier development project.
-- - -
• Subsequent to initial findings of petroleum compounds at the site, developed supplemental
environmental investigations involving airborne remote sensing technology to help identify near
surface contamination of the 5-acre Phase I development area.
• Current activities include comprehensive site assessment (including a quantitative risk
assessment), and a Final Remedial Response Plan (FRRP) under the Massachusetts Contingency
Plan.
Commonwealth of Massachusetts, Department of Environmental Management-Boston, MA
_ Responsible for development of a computer database management system for DEM's identification
and tracking of environmental matters-pursuant to Executive Order 4350 the Clean State
Initiative.
• The services included the assimilation of existing survey information, a comprehensive database,
development of a software program to access and assess environmental compliance "matters"
with respect to applicable environmental regulations, and development of an Employee
Environmental Awareness Program.
Zeneca Resins U.S. - Wilmington, MA
• Overall program management of extensive environmental activities for Zeneca Resins U.S.
including development of a detailed closure program for a 10-tank chemical storage facility,
design of a 100,000 GPD industrial wastewater treatment facility utilizing sequencing batch
reactors (SERs), development of environmental controls during installation of a sanitary sewer,
coordination with the local Conservation Commission for all associated permitting, ongoing
comprehensive site investigation activities under the Massachusetts Contingency Plan for the
cleanup of a release to trimethylbenzene, etc.
• Design included vapor'extraction and biotreatment remediation of the impacted area.
East Boston Terminal, Mobil Oil Corporation
• Hydrogeologic investigations into potential sources and on-site containment of subsurface
contamination.
• Served as Project Manager with responsibility for the design of product recovery systems, system
monitoring, and evaluation of subsurface conditions at various stages of program development.
• Under a separate study, investigated various alternatives for the disposal of VHO impacted soil
and soil with elevated levels of TPH, including a presentation to MOC's corporate environmental
staff.
United States Fish and Wildlife Service, Patuxent Wildlife Research Center-Laurel, MD
• Served as Program Manager for this Initial Site Investigation to be performed at the site of the
Patuxent Wildlife Research Center.
• Responsible for providing corporate, technical, and regulatory support for this project which
involved three different site components; Le., two former chemical leach fields, a slit trench which
served as a disposal area, and an old dump.
• Oversaw the following tasks: supplemental data review, Regulatory Compliance Assessment, work
pian development, development water and cuttings as disposal coordination, and assistance with
other regulatory issues.
Limited and Comprehensive Site Assessments, ICY Resins U.S.
0209-Alan D. Hanscom, LSP 5
Exhibit 1
nnm
• Project Manager for the investigation and assessment of this hazardous waste site
(solvents) and compliance with regulatory requirements. Responsible for the coordination of the
site investigation and the development of the Preliminary Assessment and the Limited Site
Investigation Reports.
• Supervised the site classification and coordinated the successful application for Waiver of
Approvals from the Massachusetts DEP.
• Responsible for the completion of the Comprehensive Risk Assessment, including fate and
transport evaluation, Quantitative Risk Assessment, and the development of the conceptual
remediation program and goals.
U.S.Postal-Service,-Northeast Region
• Served as Program Manager for a three (3) year, Indefinite Quantity, Environmental Services
contract for the U.S. Postal Service covering the six (6) New England states and has included
asbestos inspections, environmental investigations, contaminated soils management, UST
closures, and environmental compliance auditing.
• Participated in a recent Northeast Regional training seminar to outline notification and record
keeping requirements under SARA Title III.
New Harbor Partners, Inc.
• Developed an extensive environmental site assessment program of a 7.5 acre property formerly
used as a sludge processing plant. Significant environmental impact due to the release of
p-olyrfuclear aromatic hydrocarbons (PNA's) was-discovered;-along-with elevated-levels of other - --
volatile organic compounds at several locations on the property.
• Other activities at the site included the delineation of the limits of fill areas, preliminary
assessment of probable remedial action activities, and development of remedial cost estimates.
Hazardous Materials Investigation, New Hampshire Department of Transportation, Various
New Hampshire Locations
• Responsible for technical and regulatory consultation for various NHDOT projects.
• Studies involved all phases of investigations from initial site assessments through preliminary and
detailed site investigation and remedial clean-up.
Pre-Acquisition Environmental Site Assessment, Conrail Right-of-Way
• Provided environmental services for the investigation of approximately 29 miles of Conrail
right-of-way (ROW), with respect to the release or threat of release of PCBs, oil or hazardous
materials (OHM) on or adjacent to the ROW. The purpose of the investigation was to identify
recognized environmental conditions on or adjacent to the ROW including the environmental
liabilities associated with the proposed property acquisition and construction of a commuter rail
along the existing Conrail ROW.
• Coordinated with the MBTA and Conrail to provide a final report which addressed the needs of the
overall project.
• Provided environmental services for the investigation of five proposed commuter rail station
locations.
• Prepared the final site assessment report and provided the MBTA with recommendations for
additional studies, based upon the observations made during this investigation.
• Identified concerns at the station locations directly relating to the proposed property acquisition,
potential environmental liabilities, and the health and safety of workers during future construction
activities.
South Harbor Realty Trust-Lynn, MA
• As part of a due diligence assessment, coordinated and oversaw the environmental investigation
and assessment of property adjacent to a former coal gasification facility. Contaminants
encountered on that property include coal tar (PAH compounds), fuel oil, toluene and xylenes.
• Responsible for delineations of the extent of the release areas and compilation of estimates of
probable remediation costs.
GTE Products Corporation -Fall River, MA
0209 -Alan D. Hanscom, LSP 6
Exhibit 1
num
• Managed an environmental program at this facility which included underground
storage tank testing, an asbestos survey, and an environmental site assessment. The site included
discovery of a significant trichloroethylene release from an upgradient property source.
Environmental Assessment/Groundwater Pump and Treat System Design, Curtiss-Wright
Corporation - Wood Ridge, NJ
Managed the ongoing environmental assessment and design of groundwater pumping and
treatment facilities at a former aircraft engine manufacturing plant in Wood Ridge, N7.
• Direct involvement focused upon the assessment of viable alternatives for free product recovery
and treatment of groundwater impacted by chlorinated compounds, vinyl chloride and heavy
-
metals---- — —-- - - -
Developed a detailed plan for investigating the presence of dense non-aqueous phase liquids .
throughout the overburden and.bedrock aquifers.
RZIFS at NPL Hazardous Waste Site,ARCS, Region 1
• As technical advisor, reviewed groundwater contamination data furnished by others and guided
the evaluation and selection of the groundwater remedy for the NYANZA Superfund Site in
Ashland, MA.
Boston-Based Insurance Company
• Monitored on-site investigation activities performed by the EPA in conjunction with the Baird &
-McGuire Superfund site-in Holbrook,, MA. -
• Activities included oversight responsibilities and participation in surface water sampling, soil
sampling, air quality monitoring, swab sampling, and other tasks to help define existing site
conditions.
Boston-Based Law Firm
• Primarily responsible for the development and implementation of Phase I and Phase II site
assessment programs under the Massachusetts Contingency Plan for industrial sites contaminated
with waste cutting oils, TCE, and other petroleum-based products.
Societies Water Environment Federation
Associated Industries of Massachusetts
Licensed Site Professional Association
i
0209 - Alan D. Hanscom, LSP 7
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CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
NOTICE OF APPEARANCE
I, Thomas A. Mackie, Esq., hereby enter my appearance for applicant Northside
Carting, Inc.
Respectfully Submitted,
Northside Carting, Inc.
By its attorney,
/ M , C L
Thomas A. Mackie
Mackie Shea O'Brien, PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
Date: November 23, 2009
1
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
Certificate of Service
I, Thomas A. Mackie, do hereby certify under the pains and penalties of perjury
that on this 23 d day of November, 2009, I served the Opposition to Petition to Intervene,
Affidavit of Alan D. Hanscom, Affidavit of Jeffrey Dirks, and Notice of Appearance by
hand delivery on:
Carl D. Goodman, Esquire
Goodman Law Office
152 Lynnway— Suite I
Seaport Landing
Lynn, Massachusetts 01902
Elizabeth Rennard, Esquire
City Solicitor
Salem City Hall
93 Washington Street
Salem, MA 01970
Kenneth Whittaker
Adorno & Yoss
155 Federal Street
Boston, MA 02110 Q
Thomas A. Mackie
Mackie Shea O'Brien, PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
1
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
OPPOSITION TO PETITION TO INTERVENE AND REGISTRATION AS AN
ABUTTER
Northside Carting, Inc. (collectively the "Applicant") opposes the Petition to
Intervene and Registration as an Abutter submitted by Alan Samijian ("Samijian") on
November 11, 2009. For the reasons set forth below, Samijian should not be pennitted to
intervene and his Petition should be stricken from the Record.
SAMIJIAN IS NOT THE OWNER OF AN ABUTTING PARCEL
Samijian claims abutter status on the grounds that he owns a condominium unit in
the Green Dolphin Condominiums.' "Abutter" is defined for these purposes as "the
owner of land sharing a common boundary or corner with the site of the proposed activity
in any direction, including, but not limited to land located directly across a street, way,
creek, stream, brook or canal." 310 CMR 16.02. Samijian's unit is located at 51
The Applicant does not concede or admit that Samijian can demonstrate abutter status based upon his
alleged ownership of an 0.8881%interest in the condominium common areas. Since the common areas do
not abut the site of the proposed activity,his alleged ownership is such areas is irrelevant.
1
Cavendish Circle, Unit C. The condominium complex is located at the corner of
Swampscott and First Streets. The site of the proposed activity and the other properties
are identified on the aerial photograph which is attached to the Affidavit of Alan D.
Hanscom attached hereto. This site is approximately 600 feet to the north of the nearest
s c pp y
corner of the condominium complex and 1000 away from Samijian's unit. Neither
Samijian's unit nor the condominium complex share any common boundary or corner
with the site of the proposed activity in any direction and neither is directly across the
street from the site of the proposed activity. Samijian's unit is across the street from
other condominium units within the Green Dolphin complex, and two streets removed
from the site. Cavendish Street is an internal street within the condominium complex that
does not pass by the site at any point. Being located over 1000 away from the site,
Samijian's unit cannot be said to be directly across the street from the site.
SAMIJIAN IS NOT SPECIFICALLY AND SUBSTANTIVELY AFFECTED BY
THE HEARING
The site assignment regulations provide, in pertinent part:
Intervention. Any Person who with good cause wishes to intervene in a public
hearing shall file a written request (petition) for leave to intervene. Persons
whom the Hearing Officer determines are specifically and substantively affected
by the hearing shall be allowed to intervene.
310 CMR 16.20(9)(a)(emphasis supplied).
The law of standing is not a mere technicality but an essential element of subject
matter jurisdiction:
[W]hether a party has standing to participate in a judicial proceeding is not simply
a procedural technicality but rather involves remedial rights affecting the whole of
2
the proceeding . . . . The multiplicity of parties and the increased participation by
persons whose rights are at best obscure will, in the absence of exact adherence to
requirements as to standing, seriously erode the efficacy of the administrative
process . . . . [T]o preserve orderly administrative processes and judicial review
thereof, a party must meet the legal requirements necessary to confer standing.
Save the Bay, Inc. v. Dept. of Pub. Util., 366 Mass. 667, 672 (1975).
Because the standing provisions of the site assignment "regulations appear to
have been based upon the more formal requirements of G.L. c. 30A, [it is appropriate to]
consider analogous practice under that chapter." RicMer Properties, Inc. v. Board of
Health of Revere, 59 Mass. App. Ct. 173, 176 (2003). The regulations with respect to
intervention parallel the Standard Adjudicatory Rules of Practice and Procedure. Id.
"Where procedural issues arise regarding the conduct of the hearing which are not
governed by 310 CMR 16.20, the Hearing Officer may rely on 801 CMR 1.00 Standard
Adjudicatory Rules of Practice and Procedure, to resolve such issues. 310 CMR 16.20
(I 1)(c)(9).
The Standard Adjudicatory Rules of Practice and Procedure and the DEP Rules of
Adjudicatory Procedure both use virtually identical language as the site assignment
regulations. Under all three sets of regulations to intervene a person must be
"substantively and specifically affected." See 801 CMR 1.01 (9) and 310 CMR
1.01(7)(d).
Persons who are "substantially and specifically affected by the adjudicatory
proceeding" may intervene in it upon a showing of good cause. 310 CMR 1.01(7)(d). A
potential intervenor must allege a concrete injury he or she is likely to suffer as a result of
the Department's decision under appeal See e.g., Matter of Massachusetts Highway
Department, Docket Nos. 96-036 and 96-041, Ruling on Highway Department's Motion
3
for Summary Decision and Stockbridge's Request to Intervene, 3 DEPR 203, 205
(October 30, 1996); Matter of General Chemical Corporation, Inc., Docket No. 94-006,
Ruling on Standing Order(October 28, 1994); Matter of NNB Associates, Docket No.
85-91, Decision on Status of Charles River Watershed Association, 5 MELR 1067, 1092
(February 24, 1987). A potential intervenor must also show "a nexus between the relief
sought and the subject matter of the proceeding." Massachusetts Highway Department, 3
DEPR at 205. In addition, the interests of the potential intervenor must be "arguably
within the zone of interests to be protected by the statute or regulation in question." Id.,
quoting Matter of NNB Associates, 5 MELR at 1092. Finally, a potential intervenor
must show that the relief it seeks would alleviate the harm it alleges. Massachusetts _
Highway Department, 3 DEPR at 205.
Courts have uniformly held that standing requires a showing of some special
injury distinguishable from the type of harm that may be suffered by the general public.
See, e.g., Barvenik v. Aldermen of Newton, 33 Mass.App.Ct. 129 at 132 n. 9 (1992)
("aggrieved person" in case brought pursuant to G.L.c. 40A, § 17 must demonstrate "that
his injury is special and different from the concerns of the rest of the community"); Luian
v. Defenders of Wildlife, 112 S.Ct. 2130, 2136-2137, 2139 (1992) ("Standing ... requires
a factual showing of perceptible harm"). A person must "assert a plausible claim of a
definite violation of a private right, a private property interest, or private legal interest."
Standerwick v. Zoning Board of Appeals of Andover, 447 Mass. 20, 27 (2006). "Of
particular importance, the right or interest asserted must be one that the statute under
which a plaintiff claims aggrievement intends to protect." Id.
4
Samijian expresses concern over traffic congestion at intersections on certain city
streets and potential emissions from traffic. "[N]ot all traffic-based objections to a special
permit or variance will furnish a plaintiff withstanding. The traffic-based injury to a §17
plaintiff must be more than speculative, and must bear some nexus to the plaintiff's use
and enjoyment of its property." Titanium Group LLC v. Zoning Board of Appeals of
Brockton, 2009 WL 117989 (Mass. Land Ct.). Samijian has not alleged any private right
or interest that will be affected by the site assignment. Samijian does not live on or near
any of the intersections about which he expresses concern. Attached to this Opposition is
the Affidavit of Jeffrey S. Dirk, P.E., the Applicant's Professional Traffic Engineer,
expressing his expert opinion that traffic at these intersections will not affect Samijian
any differently than it will affect the general traveling public. Evidence of a general
increase in traffic on major thoroughfares, without showing of"any particularized effect
on [the] plaintiff's property," are insufficient to confer standing. Avin v. Board of
Zoning Appeals of Cambridge, 51 Mass. App. Ct. 1109 (2001). See also,Nickerson v.
Zoning Board of Appeals of Raynham, 53 Mass. App. Ct. 680 (2002) (While the plaintiff
"undoubtedly is inconvenienced by the heavy traffic" individuals acquire a standing
interest only by asserting a plausible claim of a definite violation of a private legal
interest); Bell v. Zoning Board of Appeals of Gloucester, 429 Mass. 551 (1999) (plaintiff
denied standing under G.L. c. 40B because claimed injury incurred "only to detriment of
community at large, and not to [plaintiff] specifically); Rinaldi v. Board of Appeals of
Boston, 50 Mass. App. Ct. 657 (2001) (claim to interest must be "different from that
suffered by the community at large"); Cohen v. Zoning Board of Appeals, 35 Mass. App.
5
Ct. 619 (1993) (claim of interest must be separate from that of the public at large and
must be factually substantial.)
Likewise, Samijian's concern over emissions is generalized—"I am also
concerned that 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 impact on
the air quality resulting in even greater respiratory problems for residents of my
neighborhood." Neither of these concerns rise to "special injury" which would warrant
granting Samijian intervener status. "Claims that involve matters of general public
interest or concern rather than a private right or interest are insufficient to confer standing
as an aggrieved person." Harvard Square Defense Fund Inc.v. Planning Board of.
Cambridge, 27 Mass. App. Ct. 491, 492-93 (1989). Moreover, Samijian has not shown
"good cause"to intervene. His comments can become part of the record as a participant,
a category of persons who do not rise to the level of intervener.2
CONCLUSION
For the foregoing reasons, the Hearing Officer should deny Samijian's Petition to
Intervene and strike the Petition to Intervene &Registration of Abutter, all exhibits
thereto including the Written Comments of Alan Samijian.
2 Although the Applicant believes that Samijian is not"specifically affected"by the proceeding to support
participant status, it will not object to such status if Samijian withdraws his Petition to Intervene.
Otherwise, for the reasons stated above,the Applicant also opposes bestowing participant status on
Samijian.
6
Respectfully Submitted,
Northside Carting, Inc.
By its attorney,
%l^cr✓ia.J G¢ �4
Thomas A. Mackie
Mackie Shea O'Brien; PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
Date: November 23, 2009
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
AFFIDAVIT OF ALAN D.HANSCOM IN OPPOSITION TO PETITION TO
INTERVENE AND REGISTRATION AS AN ABUTTER
1. I am employed as a Senior Associate by BETA Group, Inc. located in
Norwood, Massachusetts. My resume is attached to this Affidavit as Exhibit 1.
2. Northside Carting, Inc. has engaged BETA Group, Inc. to provide services in
connection with the City of Salem and Northside's application for a minor
modification to site assignment.
3. In conjunction with Anthony Wespiser, P.E., I have personally supervised
preparation of the materials presented by BETA to the Board of Health for the
minor modification to site assignment. Mr. Wespiser is the Professional
Engineer at BETA responsible for compliance with Site Assignment and Solid
Waste regulations pertaining to this project.
4. The City of Salem owns and Northside Carting, Inc. currently operates a solid
waste transfer station on the existing site. The Applicants propose to
reconstruct the transfer station and increase the daily maximum tonnage from
100 to 400 tons per day.
5. 1 have reviewed the Petition to Intervene & Registration of Abutter filed on
behalf of Alan Samijian.
6. Mr. Samijian claims abutter status on the grounds that he owns a
condominium unit at 51 Cavendish Circle, Unit C, in the Green Dolphin
Village Condominium complex.
7. The DEP Site Assignment Regulations define "abutter" as"the owner of land
sharing a common boundary or corner with the site of the proposed activity in
any direction, including, but not limited to land located directly across a street,
way, creek, stream, brook or canal." 310 CMR 16.02.
8. In preparing the site assignment materials and this affidavit I have reviewed
aerial photographs and maps of the site of proposed activity and its
surroundings, including the Green Dolphin Village Condominium complex.
1
9. I have personally visited the site of proposed activity on numerous occasions
and observed the proximity of the Green Dolphin Village Condominium
complex.
10. The site of the proposed activity and the other properties are identified on the
aerial photograph which is attached to this Affidavit as Exhibit 2.
11. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself, depicted in gray on Exhibit 2.
12. The condominium complex is located at the comer of Swampscott and First
Streets depicted on Exhibit 2 and Mr. Samijian's unit C at 51 Cavendish
Circle is also depicted on Exhibit 2.
13. This site of proposed activity is approximately 600 feet away from the nearest
comer of the condominium complex, approximately 1,100 feet away from the
entrance to the condominium project and approximately 1,000 away from Mr.
Samijian's unit at 51 Cavendish Circle.
14. Directly across the street from the condominium complex is land owned by
the City of Salem that is not included in the site of the proposed activity.
There is a significant buffer of approximately 600 feet of land along the
westerly side of Swampscott Street between the site of the proposed activity
and the nearest corner of the condominium complex.
15. Directly across the street from Samijian's unit are other condominium units
within the Green Dolphin Village Condominium complex. His unit is two
streets removed from the site of the proposed activity. Cavendish Circle is an
internal street within the condominium complex that does not pass by the site
at any point.
16. Neither Samijian's unit nor the condominium complex share any common
boundary or corner with the site of the proposed activity in any direction and
neither is directly across the street from the site of the proposed activity. It is
therefore my opinion that Mr. Samijian is not an "abutter" as that term is
employed in the DEP site assignment regulations.
17. It is also my opinion, due to the distance of Mr. Samijian's residence from the
transfer station and the proposed design and operation of the transfer station,
modifications to the transfer station will not have a special or unique adverse
affect on Mr. Samijian. In my opinion, any such effects on the general public,
including Mr. Samijian, will be minimal and such conditions will not
constitute a danger to public health, safety or the environment
Signed and swom under the pains and penalties of perjury this/ of
November, 2009.
Alan D. Hanscom, LSP
2
Exhibit 1
Inm
Alan D. Hanscom, LSP
Senior Associate
Experience: 32 Years
Education B.S. Civil Engineering, University of Maine (1976)
Registration Licensed Site Professional: MA #2152
Professional Overview
As a Senior Associate at BETA Group, Inc., Mr. Hanscom is involved with the firm's most
challenging and critical projects involving environmental permitting, building demolition and
environmental contamination. He has comprehensive knowledge and understanding of federal, state,
and local environmental laws and regulations in addressing environmental issues for a variety of
clients. His clients have included public and municipal agencies, developers, utilities, manufacturers
and other private sector clients.
Mr. Hanscom has a very broad-based range of experience which includes municipal and industrial
wastewater collection and treatment, hydrogeology, hazardous materials assessment and
management, site investigations and remedial design of soil, groundwater and vapor phase
contamination.
Over the course of his career, Mr. Hanscom has also provided litigation support services for
projects involving an unpermitted landfill and cleanup of petroleum compounds, heavy metals and
solvents at a truck maintenance facility. Services have included depositions, fact and expert
testimony, and related support services. His project experience includes:
• Environmental Permitting
• Environmental Site Assessment
• Building Demolition
• Hazardous Materials Management
Regulated Building Materials Management
• Remedial Action Assessment and Planning
• Remedial Design of Soil, Groundwater and Vapor Phase Contamination Treatment Systems
Salem Transfer Station — Salem, MA
• Coordination and preparation of an expanded Environmental Notification Form for MEPA review,
supported by air quality, noise and traffic impact studies by various Specialty Consultants.
Preparation of a Notice of Intent under the Wetlands Protection Act (WPA), including presentation
of the project at the local Conservation Commission public hearings.
Coordination and preparation of landfill closure and site grading plans, including storm water
quality management and O&M plans required by the Local Conservation Commission.
Naval Air Warfare Center, BRAC Redevelopment Plan, Westminster County, Pennsylvania
• Served as Task Manager for dealing with site contamination, regulated building materials and
waste management issues for 1,200-Acre NAVFAC Research and Development Center, including
summary of all environmental data, public participation support, development of environmental
constraints, recommendations for cleanup, estimates of probable remediation costs, and related
tasks.
• Waste disposal areas included solid waste disposal areas, waste oil lagoons, burn pits, firefighting
areas, UST releases, and on-site wastewater disposal areas.
Driver Radio Frequency Tower Site, BRAC Reuse Plan, New Jersey
Under the BRAC Program, served as Task Manager for site contamination, regulated building
materials and waste management issues for former Radio Tower Site scheduled to be
decommissioned. Project included summarizing all environmental data, development of
0209 - Alan D. Hanscom, LSP 1
• Waste disposal areas included solid waste disposal areas, UST releases, and on-site wastewater
disposal areas.
EPA Brownfields Initiative - Chicopee Pilot Project, Former Bay State Wire - Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management of containers of oils and hazardous materials,
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
• Due to large quantities of building demolition debris and regulated wastes, cost effective reuse
and recycling alternatives were evaluated and implemented.
EPA BrownFelds Initiative — Mansfield Hathaway Patterson Site — Mansfield, MA
• Provided technical support to Team of planners and local steering committee regarding cleanup,
reuse of former wood processing facilities, including Phase II detailed site investigations, human
health and ecological (qualitative) risk characterization, public participation, estimates of probable
remediation costs, etc.
• Provided detailed discussion of funding programs and support to help protect future property
owners from liability from pre-existing conditions.
Wellesley DPW Yard— Wellesley, MA
• Environmental assessment and design of a permeable soil cap to deal with residual PCB
contamination during redevelopment of the Wellesley DPW Site. Project included significant soil
sampling and analyses under the Massachusetts Contingency Plan (MCP) and the Toxic Use Control
Act (TSCA) administered through the U.S. EPA.
• Development and implementation of a detailed Work Plan associated with characterization of PCB-
impacted soil, concrete and other contaminated media under the Toxic Use Control Act (TSCA).
Project included excavation and off-site management of over 8,000 tons of contaminated soil and
concrete.
• Licensed Site Professional (LSP) services were provided throughout the project, culminating in a
permanent solution Response Action Outcome (RAO), supported by a site-specific activity and use
limitation (AUL).
• Associated services included technical support and oversight of soil excavation and management
activities, including storm water and dewatering permitting, during construction of the new
Administration and Wellesley MLP Maintenance Buildings at the site.
Keith Middle School —New Bedford, MA
• Environmental permitting, design and oversight of environmental response actions associated with
site selection, design and oversight of construction of a $70Million Middle School.
• Preparation of a Notice of Intent under the Wetlands Protection Act (WPA), including presentation
of the project at the local Conservation Commission public hearings.
• Prepared and submitted detailed Work Plan in accordance with requirements under the Toxic
Substances Control Act (TSCA) related to the presence of polynuclear aromatic hydrocarbons
(PCBs).
• Provided oversight and documentation of all environmental response actions associated with soil
stabilization, capping and off-site management.
• Performed all permitting associated with pumping, treatment and surface discharge of
groundwater.
• Designed and provided oversight of$0.75 Million wetlands remediation project.
Gallo Construction —Worcester, MA
• Performed site review of various development constraints for 50,000-ton Salt Storage facility.
• Developed conceptual site plan and designed surface water controls for permitting through the
City Zoning Board of Appeals and the Worcester Department of Public Works.
• Designed innovative collection system for storm water collection and re-use as brine for snow and
ice control.
0209 - Alan D. Hanscom, LSP 2
I �
Massachusetts Department of Environmental Management, Jug End Property - Egremont,
MA
• Completed the design and construction phase services associated with underground storage tank
removals, contaminated soils management, stabilization of lead contamination at a former skeet
range, management of hazardous wastes, closure of landfills and lagoons, and demolition of
thirty-seven (37) buildings.
• Project included extensive environmental permitting, archaeology, historic structures, and public
participation.
EPA Brownfields Initiative - Chicopee Pilot Project, Former Bay State Wire - Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management of containers of oils and hazardous materials,
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
• Due to large quantities of building demolition debris and regulated wastes, cost effective reuse
and recycling alternatives were evaluated and implemented.
Phase IV MCP Pan Am/Van Dusen Fuel Farm, Logan Airport-Boston, MA
• Developed a Phase IV Remedy Implementation Plan under the MCP regulations.
• Provided Licensed Site Professional (LSP) services and environmental engineering services during
the Central Artery contracts that will remove the tanks and contamination. Ultimately, these
services will lead to closure of all required MCP response actions at the Fuel Farm, including the
issuing of a Response Action Outcome Statement.
21E Environmental Assessments and MCP Immediate Response Actions - Massachusetts
Highway Department
• Provided environmental consulting and Licensed Site Professional services for environmental
investigations at eleven MHD facilities and Immediate Response actions at over 30 other MHD
facilities. The US EPA and Massachusetts Department of Environmental Protection (DEP) issued a
Consent Order requiring the MHD to conduct environmental investigations of all of their 139
facilities to determine if a release of oil or hazardous materials to the environment has occurred.
These investigations are being conducted in accordance with Massachusetts General Laws Chapter
21E and the Massachusetts Contingency Plan (MCP) regulations.
U.S. Fish and Wildlife Service
• Responsible for the development and overall coordination of preliminary and comprehensive site
assessment activities, detailed evaluation of soil remediation alternatives and design of remedial
measures for the U.S. Fish and Wildlife Service at the Parker River National Wildlife Refuge in
Newburyport, MA.
• The project was performed under an MCP Waiver of Approach and included extensive site
investigations, remote aerial sensing of PCB-impacted soil utilizing infrared and multispectral
technology, development and implementation of cost-effective short term measures in lieu of
regulatory directive, development and execution of an extensive public information program,
detailed evaluation of contaminated soil management options, and design of a comprehensive soil
management program which included in-situ characterization, segregation, on-site stabilization,
on-site treatment/disposal, etc., and all related documentation requirements.
Arsenal Street Access, Partnership - Watertown, MA
• Responsible for overseeing environmental assessment and response activities on a parking lot
expansion project in Watertown.
• Services included a pre-acquisition site assessment, development of an estimate of probable
remediation costs, all phases of the MCP compliance process dealing with detection, reporting, and
remedial action associated with asbestos containing demolition debris, removal of abandoned rail
lines, environmental sampling and analyses, and all associated LSP services.
• Specific MCP-related submittals include Release Notification Forms, a Release Abatement Measure
(RAM) Plan, and a RAM Status Report.
0209 - Alan D. Hanscom, LSP 3
I
Talleyrand Chemical Facility Demolition -New Bedford, MA
• Provided environmental engineering services related to demolition and cleanup of buildings and
debris at the former Talleyrand Chemicals facility.
• Supervised the removal three fuel oil USTs and two liquid vinyl chloride monomer USTs,
• Provided field services to supervise the contractor's work, and collected confirmatory samples and
prepared final UST closure documentation.
• Supervised the removal of RCRA Hazardous sludge from on-site settling basins. The sludge, which
contained elevated levels of vinyl chloride, trichloroethylene (TCE), and other chlorinated solvents,
was shipped under a DEP Bill-Of Lading to an off-site disposal facility.
• Oversaw the on-site treatment of VOC-impacted water within the settling basins. The impacted
water was passed through a carbon filter and a subsequently discharged to the municipal sewer
system. Analytical results indicated that the treatment process removed 100% of the VOC
compounds.
Industrial Heat Treatment Environmental Site Assessment- Quincy, MA
• Conducted an Environmental Site Assessment (ESA) of a metal treating facility in Quincy,
Massachusetts to identify potential environmental liabilities associated with a property transfer.
• Based on the findings of the ESA, recommended a Supplemental ESA including soil and
groundwater sampling was performed to investigate the areas of concern identified during the
ESA. The subsurface investigations resulted in the discovery of soil and groundwater contaminated
by chlorinated solvents and petroleum products.
• Prepared a conceptual remediation plan and cost estimate for a vapor extraction groundwater
remediation system to address the chlorinated solvent contaminated soil and groundwater.
• Prepared a Release Abatement Measure (RAM) Plan approved by the Massachusetts Department of
Environmental Protection (MADEP) to address the petroleum contaminated soil and groundwater
encountered at the former gasoline service station.
• Coordinated design and operation of ozone sparging system to address residual concentrations of
solvents in soil.
Urquhart School- Beverly, MA
• Managed the assessment, characterization, and construction phase services related to remedial
levels of lead arsenate and DDT pesticides at former orchid growing operations.
• The project included extensive characterization of pesticide-impacted soil, coordination of off-site
disposal, preparation of bid documents, public participation and contract administration.
Environmental Site Assessments, Former Conway Bedding - Chicopee, MA
• Site assessment to identify recognized environmental conditions for overt evidence of a release or
threat of release of oil and/or hazardous materials.
• Additional activities included federal, state, and local records review and interviews with people
knowledgeable about the site.
• Environmental concerns were identified consisting of potential asbestos-containing materials and
lead-based paint, polychlorinated biphenyl containing equipment, underground storage tanks, and
floor drains.
ivory Plaza - Braintree, Massachusetts
• Provided risk characterization services in support of a Phase II Comprehensive Site Assessment for
the Ivory Plaza.
• According to the Massachusetts Contingency Plan (MCP), conducted a Method 3 Risk
Characterization for the Ivory Plaza that included a human health risk characterization, a
characterization of risk to safety, a public welfare risk characterization, and an environmental risk
characterization. Contaminants detected in soil, groundwater, surface water and sediment at the
site were attributed to the former uses of the site as an art and leather facility, electronics
manufacturing facility and rail yard. Petroleum and chlorinated solvents were detected in soil and
groundwater, and metals and PCBs were detected in surface water and sediment.
• After the risk characterization, a Release Abatement Measure was prepared involving the
excavation and off-site disposal of PCB and metal impacted sediment, was conducted to address
contaminated sediment in the on-site wetland.
• At the conclusion of the Release Abatement Measure, the wetland was restored to pre-remediation
conditions.
0209 - Alan D. Hanscom, LSP 4
Massport, East Boston Piers Development
• For Massport, was responsible for regulatory compliance and technical guidance associated with
environmental assessments performed for the East Boston pier development project.
• Subsequent to initial findings of petroleum compounds at the site, developed supplemental
environmental investigations involving airborne remote sensing technology to help identify near
surface contamination of the 5-acre Phase I development area.
• Current activities include comprehensive site assessment (including a quantitative risk
assessment), and a Final Remedial Response Plan (FRRP) under the Massachusetts Contingency
Plan.
Commonwealth of Massachusetts, Department of Environmental Management-Boston, MA
• Responsible for development of a computer database management system for DEM's identification
and tracking of environmental matters pursuant to Executive Order #350, the Clean State
Initiative.
• The services included the assimilation of existing survey information, a comprehensive database,
development of a software program to access and assess environmental compliance "matters"
with respect to applicable environmental regulations, and development of an Employee
Environmental Awareness Program.
Zeneca Resins U.S. - Wilmington, MA
• Overall program management of extensive environmental activities for Zeneca Resins U.S.
including development of a detailed closure program for a 10-tank chemical storage facility,
design of a 100,000 GPD industrial wastewater treatment facility utilizing sequencing batch
reactors (SBRs), development of environmental controls during installation of a sanitary sewer,
coordination with the local Conservation Commission for all associated permitting, ongoing
comprehensive site investigation activities under the Massachusetts Contingency Plan for the
cleanup of a release to trimethylbenzene, etc.
• Design included vapor extraction and biotreatment remediation of the impacted area.
East Boston Terminal, Mobil Oil Corporation
• Hydrogeologic investigations into potential sources and on-site containment of subsurface
contamination.
• Served as Project Manager with responsibility for the design of product recovery systems, system
monitoring, and evaluation of subsurface conditions at various stages of program development.
• Under a separate study, investigated various alternatives for the disposal of VHO impacted soil
and soil with elevated levels of TPH, including a presentation to MOC's corporate environmental
staff.
United States Fish and Wildlife Service, Patuxent Wildlife Research Center- Laurel, MD
• Served as Program Manager for this Initial Site Investigation to be performed at the site of the
Patuxent Wildlife Research Center.
• Responsible for providing corporate, technical, and regulatory support for this project which
involved three different site components; i.e., two former chemical leach fields, a slit trench which
served as a disposal area, and an old dump.
• Oversaw the following tasks: supplemental data review, Regulatory Compliance Assessment, work
plan development, development water and cuttings as disposal coordination, and assistance with
other regulatory issues.
Limited and Comprehensive Site Assessments, ICI Resins U.S.
• Project Manager for the investigation and assessment of this hazardous waste site (solvents) and
compliance with regulatory requirements. Responsible for the coordination of the site investigation
and the development of the Preliminary Assessment and the Limited Site Investigation Reports.
• Supervised the site classification and coordinated the successful application for Waiver of
Approvals from the Massachusetts DEP.
• Responsible for the completion of the Comprehensive Risk Assessment, including fate and
transport evaluation, Quantitative Risk Assessment, and the development of the conceptual
remediation program and goals.
0209 - Alan D. Hanscom, LSP 5
U.S. Postal Service, Northeast Region
• Served as Program Manager for a three (3) year, Indefinite Quantity, Environmental Services
contract for the U.S. Postal Service covering the six (6) New England states and has included
asbestos inspections, environmental investigations, contaminated soils management, UST
closures, and environmental compliance auditing.
• Participated in a recent Northeast Regional training seminar to outline notification and record
keeping requirements under SARA Title III.
New Harbor Partners, Inc.
• Developed an extensive environmental site assessment program of a 7.5 acre property formerly
used as a sludge processing plant. Significant environmental impact due to the release of
polynuclear aromatic hydrocarbons (PNA's) was discovered, along with elevated levels of other
volatile organic compounds at several locations on the property.
• Other activities at the site included the delineation of the limits of fill areas, preliminary
assessment of probable remedial action activities, and development of remedial cost estimates.
Hazardous Materials Investigation, New Hampshire Department of Transportation, Various
New Hampshire Locations
• Responsible for technical and regulatory consultation for various NHDOT projects.
• Studies involved all phases of investigations from initial site assessments through preliminary and
detailed site investigation and remedial clean-up.
Pre-Acquisition Environmental Site Assessment, Conrail Right-of-Way
• Provided environmental services for the investigation of approximately 29 miles of Conrail
right-of-way (ROW), with respect to the release or threat of release of PCBs, oil or hazardous
materials (OHM) on or adjacent to the ROW. The purpose of the investigation was to identify
recognized environmental conditions on or adjacent to the ROW including the environmental
liabilities associated with the proposed property acquisition and construction of a commuter rail
along the existing Conrail ROW.
• Coordinated with the MBTA and Conrail to provide a final report which addressed the needs of the
overall project.
• Provided environmental services for the investigation of five proposed commuter rail station
locations.
• Prepared the final site assessment report and provided the MBTA with recommendations for
additional studies, based upon the observations made during this investigation.
• Identified concerns at the station locations directly relating to the proposed property acquisition,
potential environmental liabilities, and the health and safety of workers during future construction
activities.
South Harbor Realty Trust-Lynn, MA
• As part of a due diligence assessment, coordinated and oversaw the environmental investigation
and assessment of property adjacent to a former coal gasification facility. Contaminants
encountered on that property include coal tar (PAH compounds), fuel oil, toluene and xylenes.
• Responsible for delineations of the extent of the release areas and compilation of estimates of
probable remediation costs.
GTE Products Corporation -Fall River, MA
• Managed an environmental program at this facility which included underground storage tank
testing, an asbestos survey, and an environmental site assessment. The site included discovery of
a significant trichloroethylene release from an upgradient property source.
Environmental Assessment/Groundwater Pump and Treat System Design, Curtiss-Wright
Corporation - Wood Ridge, N7
• Managed the ongoing environmental assessment and design of groundwater pumping and
treatment facilities at a former aircraft engine manufacturing plant in Wood Ridge, NJ.
• Direct involvement focused upon the assessment of viable alternatives for free product recovery
and treatment of groundwater impacted by chlorinated compounds, vinyl chloride and heavy
metals
0209 - Alan D. Hanscom, LSP 6
• Developed a detailed plan for investigating the presence of dense non-aqueous phase liquids
throughout the overburden and bedrock aquifers.
RZIFS at NPL Hazardous Waste Site,ARCS, Region 1
• As technical advisor, reviewed groundwater contamination data furnished by others and guided
the evaluation and selection of the groundwater remedy for the NYANZA Superfund Site in
Ashland, MA.
Boston-Based Insurance Company
• Monitored on-site investigation activities performed by the EPA in conjunction with the Baird &
McGuire Superfund site in Holbrook, MA.
• Activities included oversight responsibilities and participation in surface water sampling, soil
sampling, air quality monitoring, swab sampling, and other tasks to help define existing site
conditions.
Boston-Based Law Firm
• Primarily responsible for the development and implementation of Phase I and Phase II site
assessment programs under the Massachusetts Contingency Plan for industrial sites contaminated
with waste cutting oils, TCE, and other petroleum-based products.
Societies Water Environment Federation
Associated Industries of Massachusetts
Licensed Site Professional Association
0209 - Alan D. Hanscom, LSP 7
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CITY Oh SALEM
BOARD Or 1-IF:ALTI-I
In the Matter of )
City of Salcm and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
AFFIDAvrr OF JEFFREY S. DIRK, P.E., PTOE IN OPPOSITION `ro
PETITION TO INTERVENE & REGISTRATION AS AN ABUTTER
1. 1 am a Massachusetts licensed Professional (Engineer,employed by Vanasse
and Associates, Inc, 'fransportation Engineers and Planners. My resume is
attached to this Affidavit as exhibit 1.
?. Northside Carting, Inc. has engaged Vanasse and Associates, Inc. to provide
traffic analysis services in connection with the minor modification to site
assignment applied for by it and the City of Salcm,
3. 1 personally supervised preparation of the traffic analysis materials presented
by Vanasse and Associates, Inc. to the Board off lealth in support of the minor
111odlflcatlon to site assignment.
4. The City of Salem owns and Northside Carting, file, currently operates it solid
waste transfer station on the existing;site, The Applicants propose to
reconstruct the transfer station and increase the daily maximum tonnage from
100 to 400 tons per day.
5, 1 have reviewed the Petition to Intervene & Registration of Abutter ("]led on
behalf of Alan Samij ian.
6. Mr. Samijian claims abutter status on the grounds that he owns a
condominium unit at 51 Cavendish Circle, Unit C in the Green Dolphin
Village Condonlinioms,,
7. Mr. Sami,iian's Petition expresses concern over congestion and delays at the
intersections of First Street and Swampscott Road, Swampscott Road at
Highland Avenue and Trader's Way at Highland Avenue. I have assessed the
impact of the site assignment modification on these intersections.
S. In preparing my traffic analysis and this affidavit I have reviewed aerial
photographs and neaps of the site of propowd activity and its surroundings,
including the Green Dolphin Village Condominium complex.
I
9. 1 have personally visited the site of proposed activity on numerous occasions
and observed the proximity of the Ureen Dolphin Village Condominium
complex,
10. The site ofthe proposed activity and the other properties are identified on the
aerial photograph which is attached to this Affidavit as Exhibit 2.
11. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself, depicted by a gray line on Exhibit 2,
12. The condominium complex is located at the corner of Swampscott and First
Streets depicted on 13xhibit 2 and Mr. Sami,jian's unit C at 51 Cavendish
Circle is depicted om Exhibit 2.
13. Mr. Samijian's unit is located on Cavendish Circle, two streets removed from
the site of the proposed activity. Cavendish Circle is an internal street within
the condominium complex that does not pass by or through any of the
intersections about which Mr. Samijian expresses concern.
14, Based upon a field visit to Mr. Samijian's uoil, traffic access to his
condominium is directly from Cavendish Circle, which in my opinion will not
be affected by the proposed transfer station.
15. The intersections cited by Mr, Samijian currently accommodate between
1,000 and 4,000 vehicles per hour during peak traffic vollinic periocls. To the
extent that Mr. Samijian traverses these intersections, lie represents less than
0.1% of overall traffic at the intersections. As such Mr. Sami,jian's interests
are no different that those of'all other users of these City streets,
16. It is further my opinion that the modification of the transfer station will not
have a special or unique adverse affect on Mr. Samijian as owner of a
condominium at his address any different from the affects on the general
public, which in my opinion will be minimal and will not constitute a traffic
danger to public health, safety or the environment.
Signed and sworn under the pains and penalties ai'perjuty this 23`1 day of
November, 2009
.lefircy S. Dirk, P,E's., P'TO&
.MA P.T. No.: 38871 Civil
2
k><1.rbi} t
Jeffrey S. Dirk, P.E., PTOE
Education University of Massachusetts,Amherst,B.S.C.E.with honors,1991
Affiliations Institute ofTransportationEngineers
Member-Traffic Engineering Council
Immediate past President—New England Section of the Institute of Transportation Engineers
Boston Society of Civil Engineers
National Society of Professional EngineersI,
Massachusetts Society of Professional Engineers ('
Member,Ethics&Registration and Certification Committee
University of Massachusetts,Amherst -
Member-Advisory Board to the Department of Civil and Environmental Engineering
i
Registration Registered Professional Engineer:Connecticut,Massachusetts,Maine,New Hampshire,Rhode Island and
Virginia
National Council of Examiners for Engineering and Surveying(NCEES)Record Holder
Certified Professional Traffic Operations Engineer(I'TOE)
SUMMARY OF EXPERIENCE
Mr. Dirk is a Vice President and Senior Project Manager at Vanasw& Associates, Inc. with over seventeen years of
experience in the Traffic Engineering anct'I'ransporlation Planning fields. He is a Registered Professional Engineer in
the states of Connecticut,Massachusetts,Maine,New Hampshire,Rhode Island,and Virginia,and has been Certified
as a Professional Traffic operations Engineer (I'TQF,) by the Transportation Professional Certification Board of the
Institute of Transportation Engineers (ITE). His responsibilities include the design and analysis of roadway,
intersection,and interchange systems and the preparation and review of traffic studies and roadway and intersection
design plans for both private and municipal clients, Mr. Dirk's experience includes a wide range of transportation
ditties. Traffic studies included performing, trip generation calculations, traffic modeling and analyses,distribution,
and traffic assignment computations, as well as the development of Transportation Demand Management (TDM)
strategies and site access and off-site improvement plans. He has extensive experience with the design and analysis of
signalized and unsignalized intersections,including the design and timing of closed-loop traffic signal systems.
Mr. Dirk has prepared detailed design specifications,contract documents,and plans for traffic signals,roadways,and
pedestrian and bicycle facility designs for state and municipal clients including the Massachusetts Highway
Department(MassHighway);Maine,New Hampshire,and Rhode Island Departments of Transportation(DOTS);and
the California Department of Transportation(CACTRANS). Mr.Dirk has also been qualified as an expert wif less in
the Transportation planning and Traffic Engineering fields in the States of Conmx:ticup Massachusetts,
New Hampshire and Rhode Island,and has represented private and municipal clients in testimony and presentations
before local and state agencies,municipal officials,and courts of law.
Previous Experience
Mr.Dirk's transportation projects have included:
Traffic Signal Design - Supervised, designed, and managed the preparation of traffic signal plan, phasing and
timing design,coordination charts and lime-space diagrams,specifications and estimates for traffic signal Installations
on Route 26 in Millbury, Auburn, and Worcester, MA; Route 12 in Auburn, MA; Route 28 in Brockton, MA;
Commonwealth Avenue in Newton, MA; Hamilton Street and Washington Street in Leominster, MA; Route 1 in
Attleboro, MA; Rome 126 in Ashland, MA; and Quinsigamontl Avenue, Southbridge Sheet, Main Stno.t, and
pleasant Street in Worcester,MA. Prepared traffic signal design plans and timing and coordination plans for closed-
loop traffic signal systems for the.Brosnihan Square Gateway project in the City of Worcester,Pleasant Street corridor
system in the City of Worcester;and the Commonwealth Avenue restoration project in the City of Newton.
Pedestrian and Bicycle Facilities - Developed design specifications, route/alignment alternative evaluation
Parameters,and preferred alignment selection and design for bicycle and pedestrian facilities,both on and off-street,
in Worcester,MA and along the Blackstone River Valley front Blackstone,MA to Millbury,MA. Developed warrants
for and designed anal evalmated locations for the installation of audible pedestrian device as aids to the visually
impaired at signalized intersections.
I l:\VAI\W umm\Y;D\RcD Rnumc 027709.(W IAOI
RESUME
Jeffrey S. Dirk, P.E., PTOE (continued)
Peer Review Services - Assisted the Towns of Foxborough, Hingham, Sharon, Plymouth and Wrentham,
Massachusetts; the City of Boston; and the ']'owns of Greenland, Hampton and Plaistow, New Hampshire, in the
review of traffic impact studies for proposed retail, office, residential and mixed-use developments, and planned
roadway and transportation infrastructure projects.
Traffic Impact Studies-Supervised,prepared and managed the preparation of traffic impact studies including traffic
modeling;alternatives analysis; trip generation,distribution and assignment;roadway and intersection analyses;the
development of Transportation Demand Management(TDM)strategies;and the development of site access and off
site improvement plans; for both small and large developments, institutional transportation master plans, and
sporting and event facilities throughout the New England region. Recent projects completed include the following,:
Tufts University Grafton Canopus Master Plan,Grafton,Massachusetts-This project included the development of an i
institutional Master Plan for the Tufts University Grafton Campus in an effort to manage transportation issues related
to the Campus and future development in the area. The project included a 256,8511+ sf expansion of the existing
campus,as well as the development of a 702,000+ sf biomedical science park. The work effort included the review
and development of vehicular and pedestrian comimhons both internal to the campus and to and from the local
roadway system providing access to the University. Specific measures to reduce vehicular travel and parking demand
on the Campus and encourage bicycle and pedestrian travel were developed. Potential off-campus improvements
were developed where necessary to improve traffic flows and address vehicle and pedestrian safety issues. j
Tufts Biomedical Science Park, Grafton, Massachusetts -This project included the development of a 702000+ sf
biomedical research and development park in conjunction with Tufts University, The study area included
12 intersections,development of pedestrian and bicycle connections to and from the'i'ufts University Campus and the
adjacent MBTA Commuter Rail Station,and the development of TDM strategies in conjunction with the University,
the biomedical science park and the'rown of Grafton.
The Piaehills Community, Plymouth, Massachusetts - This project involved the development of a 3,200 + acre
plumed use development(PUD)consisting of 2132 rallied occupancy homes;920 planned retirement homes;four 18- i
hole golf courses;anti'1.3 million sf of commercial retail/office space. 'rhe study area encompassed 25 intersections
and included Route 3 front the Kinston Town Line to the Bourne Town Line and all ramps and interchanges between
these points. Major development goals of the project included the development of a transporiation system that would
adequately Serve the needs of the community,while balancing the desires of the developer and the*['own to maintain �
the rural character of the existing roadways, the project site and adjacent properties. The work effort included the i
development of a detailed T M program of the community;traffic calming measures to reduce vehicle travel speeds
through the community and discourage cut-through traffic un residential roadways; design of off-site roadway
improvements, including Route 1 interchange modifications,traffic signal installations,modern roundabout,anti by-
pass roadway design.
30 Cambridge Park Drive,Cambridge,Massachusetts-This project involved the development of a.11[-unit apartment
community to be kwated across form the Alewife MBTA station in Cambridge. The analysis included a detailed
assessment of project related impacts as they related to the City of Cambridge Interim Planning Overlay Petition
(IPOP) criteria and the development of mitigation measures to address impacts that exceeded the ]POP criteria.
Integration of the project into existing and planned pedestrian and bicycle facilities in the vicinity of the project and
connections to the Alewife MB'1'A station were developed to reduce the vehicular demands of the project on the {
transportation infrastructure.
Patriot Place,Foxboraogh,Massachusetts-This project entailed the development of approximately 1.3 million sf of
commercial,recreational,office and medical office space,including the first]kiss Pro-Shops outdoor retail store in the
northeast, to be located adjacent to Gillette Stadium, home to the New England Patriots football team and the
New England Revolution soccer team. The work effort included detailed traffic modeling and analyses of operating
conditions both with and without an even at Gillette Stadium, inclusive of both vehicle and pedestrian,access and
circulation,at over 30 intersections, including the 1.95/Route't and 1.495/Route'1 interchanges; the development of
game clay traffic,parking,and pedestrian management plans for the Route'I corridor and within the stadium parking
facilities;formulation of a comprehensive'TDM program for beth Stadium events and typical daily operations of both
the Stadium (non-event)and the planned commercial center. This project entailed multiple challenges unique to the
creation of a vibrant commercial facility proximate to a 68,000-seat stadium surrounded by over 14,000 parking spaces
and bounded by a four-lane state highway,an active rail line anti seasonal commuter rail station,and wetland areas.
11:\VAI\Resumes\JSD\A5D lirsmm,0227119.,1 r 2 ��
RESUME
Jeffrey S. Dirk, P.E., 'PTOE (continued)
South Station Air Rights Development, Roston, Massachusetts - This project involved the preparation of a
comprehensive transportation impact assessment and planning document for the development Of approximately 2.1
million gross square feet of office,hotel and research and development(R&D)space to be located in throe buildings
encompassing,a forty-suven story office tower;a 500-room hotel anti a nine-story R&D building;to be located over the
Smith Station Transportation center and tho MBTA and Amtrak rail lines. Key elements to the completion of this
work effort were integrating the transportation elements of the planned project into the future regional and local
surface transportation system being constructed by the CA/T project and the City of Boston, and planned public
transportation improvements being undertaken by the MBIA, Amtrak, and the Massachusetts Port Authority. A
comprehensive TDM program and parking management plan were developed for the project,as well as a construction
management plan and service/delivery truck operations management plan. Close coordination with the City of
Boston, the CA/T project, the MBTA, Amtrak, and the U.S. Postal Service were it primary part of the successful
completion of this planning effort.
The Village at Hospital Hill, Northampton,Massachusetts-This project included the redevelopment of the former
'126-acre Northampton State Hospital campus into a mixed-use community encompassing approximately 207
residential units,an assisted living facility,and approximately 476,000%f of commercial space including a mix of light
industrial, office, and retail space,as well as a community center and day care facility. The project was subject to
extensive environmental review by the state and included several community meetings and workshops to solicit ideas
and refine the elements and goals of the planned community. The study area encompassed 17 intersections and 10
roadways,as well as local and regional bus services and pedestrian and bicycle facilities. The major elements of the
work effort included a detailed analysis of existing and future operating conditions on the study roadways and at the
study intersections;the development and evaluation of improvements and roadway alignment alternatives to address
existing and projected future deficiencies; providing traffic calming;alternatives designed to reduce traffic volumes
and travel speeds in residential areas;and the development of a comprehensive TDM program for the employees and
residents of the community that incorporated public transportation, pedestrian and bicycle resourccs_ as well as
provision of on-site amenities in order to reduce off-site traffic impacts associated with the development. An annual
monitoring; program was developed designed to gauge the effectiveness of the TDM program and to allow for the
expansion and refinement of tilt,services offered. Coordination with the City of Northampton,the Citizens Advisory
Committee (CAC), MassHighwy, the regional planning agency, and the Pioneer Valley'transit Authority (PV'I'A)
were an integral part of the planning effort completed for the community.
South Cape Village,Muslgree, Massachusetts-This pmjtrt consisted of the development of a 160,000 sf retail center
located off Route 28 and west of the Mashpee Rotary in Mashpue, Massachusetts. The project was subject to an
extensive review by the Massachusetts Environmental Policy Act (MEPA) Office., Massi-highway, the Cape Cod
Commission and (lie']'own of Mashpee,and was the first major project to be reviewed wader the Development of
Regional Impact (DRI) guidelines of the 2002 Cape Cod Regional Policy Plan. The study arca for the project
encompassed 50 regional intersections and 92 regional roadway links, and included an evaluation of public
transportation services and pedestrian and bicycle facilities under both average and peak summer month conditions.
The suceessful approval of this project required extensive coordination with Maxsl•lig,hway,the Town of Mashpee and
the Cape Cod Commission. A detailed TDM program was developed for the project, as well its a comprehensive
assessment of improvements alternatives for the Mashpee Rotary, including a two-lane assessment of improvement
alternatives for the Mashpee Rotary, including, a two-lane modern roundabout, grade-separated interchange and
coordinated traffic signal control.
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CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
I
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
OPPOSITION TO PETITION TO INTERVENE AND REGISTRATION AS AN
ABUTTER
Northside Carting, Inc. (collectively the "Applicant") opposes the Petition to
Intervene and Registration as an Abutter submitted by Alan Samijian ("Samijian") on
November 11, 2009. For the reasons set forth below, Samijian should not be permitted to
intervene and his Petition should be stricken from the Record.
SAMIJIAN IS NOT THE OWNER OF AN ABUTTING PARCEL
Samijian claims abutter status on the grounds that he owns a condominium unit in
the Green Dolphin Condominiums.' "Abutter" is defined for these purposes as "the "
owner of land sharing a common boundary or corner with the site of the proposed activity
in any direction, including,but not limited to land located directly across a street, way,
creek, stream, brook or canal." 310 CMR 16.02. Samijian's unit is located at 51
The Applicant does not concede or admit that Samijian can demonstrate abutter status based upon his
alleged ownership of an 0.8881%interest in the condominium common areas. Since the common areas do
not abut the site of the proposed activity,his alleged ownership is such areas is irrelevant.
1
Cavendish Circle, Unit C. The condominium complex is located at the corner of
Swampscott and First Streets. The site of the proposed activity and the other properties
are identified on the aerial photograph which is attached to the Affidavit of Alan D.
Hanscom attached hereto. This site is approximately 600 feet to the north of the nearest
corner of the condominium complex and 1000 away from Samijian's unit. Neither
Samijian's unit nor the condominium complex share any common boundary or corner
with the site of the proposed activity in any direction and neither is directly across the
street from the site of the proposed activity. Samijian's unit is across the street from
other condominium units within the Green Dolphin complex, and two streets removed
from the site. Cavendish Street is an internal street within the condominium complex that
does not pass by the site at any point. Being located over 1000 away from the site,
Samijian's unit cannot be said to be directly across the street from the site.
SAMIJIAN IS NOT SPECIFICALLY AND SUBSTANTIVELY AFFECTED BY
THE HEARING
The site assignment regulations provide, in pertinent part:
Intervention. Any Person who with good cause wishes to intervene in a public
hearing shall file a written request(petition) for leave to intervene. Persons
whom the Hearing Officer determines are specifically and substantively affected
by the hearing shall be allowed to intervene.
310 CMR 16.20(9)(a)(emphasis supplied).
The law of standing is not a mere technicality but an essential element of subject
matter jurisdiction:
[W]hether a party has standing to participate in a judicial proceeding is not simply
a procedural technicality but rather involves remedial rights affecting the whole of
2
the proceeding . . . . The multiplicity of parties and the increased participation by
persons whose rights are at best obscure will, in the absence of exact adherence to
requirements as to standing, seriously erode the efficacy of the administrative
process . . . . [T]o preserve orderly administrative processes and judicial review
thereof, a party must meet the legal requirements necessary to confer standing.
Save the Bay, Inc. v. Dept. of Pub. Util., 366 Mass. 667, 672 (1975).
Because the standing provisions of the site assignment"regulations appear to
have been based upon the more formal requirements of G.L. c. 30A, [it is appropriate to]
consider analogous practice under that chapter." RicMer Properties. Inc. v. Board of
Health of Revere, 59 Mass. App. Ct. 173, 176 (2003). The regulations with respect to
intervention parallel the Standard Adjudicatory Rules of Practice and Procedure. Id.
"Where procedural issues arise regarding the conduct of the hearing which are not
governed by 310 CMR 16.20, the Hearing Officer may rely on 801 CMR 1.00 Standard
Adjudicatory Rules of Practice and Procedure, to resolve such issues. 310 CMR 16.20
(11)(c)(9).
The Standard Adjudicatory Rules of Practice and Procedure and the DEP Rules of
Adjudicatory Procedure both use virtually identical language as the site assignment
regulations. Under all three sets of regulations to intervene a person must be
"substantively and specifically affected." See 801 CMR 1.01 (9) and 310 CMR
1.01(7)(d).
Persons who are "substantially and specifically affected by the adjudicatory
proceeding" may intervene in it upon a showing of good cause. 310 CMR 1.01(7)(d). A
potential intervenor must allege a concrete injury he or she is likely to suffer as a result of
the Department's decision under appeal See e.g., Matter of Massachusetts Highway
Department, Docket Nos. 96-036 and 96-041, Ruling on Highway Department's Motion
3
for Summary Decision and Stockbridge's Request to Intervene, 3 DEPR 203, 205
(October 30, 1996); Matter of General Chemical Corporation, Inc., Docket No. 94-006,
Ruling on Standing Order(October 28, 1994); Matter of NNB Associates, Docket No.
85-91, Decision on Status of Charles River Watershed Association, 5 MELR 1067, 1092
(February 24, 1987). A potential intervenor must also show "a nexus between the relief
sought and the subject matter of the proceeding." Massachusetts Highway Department, 3
DEPR at 205. In addition, the interests of the potential intervenor must be "arguably
within the zone of interests to be protected by the statute or regulation in question." Id.,
quoting Matter of NNB Associates, 5 MELR at 1092. Finally, a potential intervenor
must show that the relief it seeks would alleviate the harm it alleges. Massachusetts
Highway Department, 3 DEPR at 205.
Courts have uniformly held that standing requires a showing of some special
injury distinguishable from the type of harm that may be suffered by the general public.
See, e.g., Barvenik v. Aldermen of Newton, 33 Mass.App.Ct. 129 at 132 n. 9 (1992)
("aggrieved person" in case brought pursuant to G.L.c. 40A, § 17 must demonstrate "that
his injury is special and different from the concerns of the rest of the community"); Luian
v. Defenders of Wildlife, 112 S.Ct. 2130, 2136-2137, 2139 (1992) ("Standing ... requires
a factual showing of perceptible harm"). A person must "assert a plausible claim of a
definite violation of a private right, a private property interest, or private legal interest."
Standerwick v. Zoning Board of Appeals of Andover, 447 Mass. 20, 27 (2006). "Of
particular importance, the right or interest asserted must be one that the statute under
which a plaintiff claims aggrievement intends to protect." Id.
4
Samijian expresses concern over traffic congestion at intersections on certain city
streets and potential emissions from traffic. "[N]ot all traffic-based objections to a special
permit or variance will furnish a plaintiff withstanding. The traffic-based injury to a §17
plaintiff must be more than speculative, and must bear some nexus to the plaintiff s use
and enjoyment of its property." Titanium Group LLC v Zoning Board of Appeals of
Brockton, 2009 WL 117989 (Mass. Land Ct.). Samijian has not alleged any private right
or interest that will be affected by the site assignment. Samijian does not live on or near
any of the intersections about which he expresses concern. Attached to this Opposition is
the Affidavit of Jeffrey S. Dirk, P.E., the Applicant's Professional Traffic Engineer,
expressing his expert opinion that traffic at these intersections will not affect Samijian
any differently than it will affect the general traveling public. Evidence of a general
increase in traffic on major thoroughfares, without showing of"any particularized effect
on [the] plaintiffs property," are insufficient to confer standing. Avin v. Board of
Zoning Appeals of Cambridge, 51 Mass. App. Ct. 1109 (2001). See also, Nickerson v.
Zoning Board of Appeals of Raynham, 53 Mass. App. Ct. 680 (2002) (While the plaintiff
"undoubtedly is inconvenienced by the heavy traffic" individuals acquire a standing
interest only by asserting a plausible claim of a definite violation of a private legal
interest); Bell v Zoning Board of Appeals of Gloucester, 429 Mass. 551 (1999) (plaintiff
denied standing under G.L. c. 40B because claimed injury incurred"only to detriment of
community at large, and not to [plaintiff] specifically); Rinaldi v. Board of Appeals of
Boston, 50 Mass. App. Ct. 657 (2001) (claim to interest must be "different from that
suffered by the community at large"); Cohen v. Zoning Board of Appeals, 35 Mass. App.
5
Ct. 619 (1993) (claim of interest must be separate from that of the public at large and
must be factually substantial.)
Likewise, Samijian's concern over emissions is generalized—"I am also
concerned that 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 impact on
the air quality resulting in even greater respiratory problems for residents of my
neighborhood." Neither of these concerns rise to "special injury" which would warrant
granting Samijian intervener status. "Claims that involve matters of general public
interest or concern rather than a private right or interest are insufficient to confer standing
as an aggrieved person." Harvard Square Defense Fund Inc.v. Planning Board of
Cambridge, 27 Mass. App. Ct. 491, 492-93 (1989). Moreover, Samijian has not shown
"good cause"to intervene. His comments can become part of the record as a participant,
a category of persons who do not rise to the level of intervener.2
CONCLUSION
For the foregoing reasons, the Hearing Officer should deny Samijian's Petition to
Intervene and strike the Petition to Intervene & Registration of Abutter, all exhibits
thereto including the Written Comments of Alan Samijian.
Z Although the Applicant believes that Samijian is not"specifically affected"by the proceeding to support
participant status, it will not object to such status if Sanrijian withdraws his Petition to Intervene.
Otherwise,for the reasons stated above,the Applicant also opposes bestowing participant status on
Samijian.
6
II
Respectfully Submitted,
Northside Carting, Inc.
By its attorney,
Thomas A. Mackie
Mackie Shea O'Brien; PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
Date: November 23, 2009
7
- 1
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
AFFIDAVIT OF ALAN D. HANSCOM IN OPPOSITION TO PETITION TO
INTERVENE AND REGISTRATION AS AN ABUTTER
I. I am employed as a Senior Associate by BETA Group, Inc. located in
Norwood, Massachusetts. My resume is attached to this Affidavit as Exhibit 1.
2. Northside Carting, Inc. has engaged BETA Group, Inc. to provide services in
connection with the City of Salem and Northside's application for a minor
modification to site assignment.
3. In conjunction with Anthony Wespiser, P.E., I have personally supervised
preparation of the materials presented by BETA to the Board of Health for the
minor modification to site assignment. Mr. Wespiser is the Professional
Engineer at BETA responsible for compliance with Site Assignment and Solid
Waste regulations pertaining to this project.
4. The City of Salem owns and Northside Carting, Inc. currently operates a solid
waste transfer station on the existing site. The Applicants propose to
reconstruct the transfer station and increase the daily maximum tonnage from
100 to 400 tons per day.
5. I have reviewed the Petition to Intervene &Registration of Abutter filed on
behalf of Alan Samijian.
6. Mr. Samijian claims abutter status on the grounds that he owns a
condominium unit at 51 Cavendish Circle, Unit C, in the Green Dolphin
Village Condominium complex.
7. The DEP Site Assignment Regulations define "abutter" as"the owner of land
sharing a common boundary or corner with the site of the proposed activity in
any direction, including, but not limited to land located directly across a street,
way, creek, stream, brook or canal." 310 CMR 16.02.
8. In preparing the site assignment materials and this affidavit I have reviewed
aerial photographs and maps of the site of proposed activity and its
surroundings, including the Green Dolphin Village Condominium complex.
1
9. I have personally visited the site of proposed activity on numerous occasions
and observed the proximity of the Green Dolphin Village Condominium
complex.
10. The site of the proposed activity and the other properties are identified on the
aerial photograph which is attached to.this Affidavit as Exhibit 2.
11. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself, depicted in gray on Exhibit 2.
12. The condominium complex is located at the comer of Swampscott and First
Streets depicted on Exhibit 2 and Mr. Samijian's unit C at 51 Cavendish
Circle is also depicted on Exhibit 2.
13. This site of proposed activity is approximately 600 feet away from the nearest
corner of the condominium complex, approximately 1,100 feet away from the
entrance to the condominium project and approximately 1,000 away from Mr.
Samijian's unit at 51 Cavendish Circle.
14. Directly across the street from the condominium complex is land owned by
the City of Salem that is not included in the site of the proposed activity.
There is a significant buffer of approximately 600 feet of land along the
westerly side of Swampscott Street between the site of the proposed activity
and the nearest comer of the condominium complex.
15. Directly across the street from Samijian's unit are other condominium units
within the Green Dolphin Village Condominium complex. His unit is two
streets removed from the site of the proposed activity. Cavendish Circle is an
internal street within the condominium complex that does not pass by the site
at any point.
16.Neither Samijian's unit nor the condominium complex share any common
boundary or corner with the site of the proposed activity in any direction and
neither is directly across the street from the site of the proposed activity. It is
therefore my opinion that Mr. Samijian is not an "abutter"as that term is
employed in the DEP site assignment regulations.
17. It is also my opinion, due to the distance of Mr. Samijian's residence from the
transfer station and the proposed design and operation of the transfer station,
modifications to the transfer station will not have a special or unique adverse
affect on Mr. Samijian. In my opinion, any such effects on the general public,
including Mr. Samijian, will be minimal and such conditions will not
constitute a danger to public health, safety or the environment.
Signed and sworn under the pains and penalties of perjury this/ of
November, 2009.
Alan D. Hanscom, LSP
2
Exhibit 1
Elm
Alan D. Hanscom, LSP
Senior Associate
Y Val
Experience: 32 Years
Education B.S. Civil Engineering, University of Maine(1976)
* Registration licensed Site Professional: MA #2152
nA:
Professional Overview
As a Senior Associate at BETA Group, Inc,, Mr. Hanscom is involved with the firm's most
challenging and critical projects involving environmental permitting, building demolition and
environmental contamination. He has comprehensive knowledge and understanding of federal, state,
and local environmental laws and regulations in addressing environmental issues for a variety of
clients. His clients have included public and municipal agencies, developers, utilities, manufacturers
and other private sector clients.
Mr. Hanscom has a very broad-based range of experience which includes municipal and industrial
wastewater collection and treatment, hydrogeology, hazardous materials assessment and
management, site investigations and remedial design of soil, groundwater and vapor phase
contamination.
Over the course of his career, Mr. Hanscom has also provided litigation support services for
projects involving an unpermitted landfill and cleanup of petroleum compounds, heavy metals and
solvents at a truck maintenance facility. Services have included depositions, fact and expert
testimony, and related support services. His project experience includes:
• Environmental Permitting
• Environmental Site Assessment
Building Demolition
• Hazardous Materials Management
• Regulated Building Materials Management
• Remedial Action Assessment and Planning
• Remedial Design of Soil, Groundwater and Vapor Phase Contamination Treatment Systems
Salem Transfer Station —Salem, MA
• Coordination and preparation of an expanded Environmental Notification Form for MEPA review,
supported by air quality, noise and traffic impact studies by various Specialty Consultants.
• Preparation of a Notice of Intent under the Wetlands Protection Act(WPA), including presentation
of the project at the local Conservation Commission public hearings.
• Coordination and preparation of landfill closure and site grading plans, including storm water
quality management and O&M plans required by the local Conservation Commission.
Naval Air Warfare Center, BRAG Redevelopment Plan, Westminster County, Pennsylvania
• Served as Task Manager for dealing with site contamination, regulated building materials and
waste management issues for 1,200-Acre NAVFAC Research and Development Center, including
summary of all environmental data, public participation support, development of environmental
constraints, recommendations for cleanup, estimates of probable remediation costs, and related
tasks.
• Waste disposal areas included solid waste disposal areas, waste oil lagoons, burn pits, firefighting
areas, UST releases, and on-site wastewater disposal areas.
Driver Radio Frequency Tower Site, BRAC Reuse Plan, New Jersey
• Under the BRAC Program, served as Task Manager for site contamination, regulated building
materials and waste management issues for former Radio Tower Site scheduled to be
decommissioned. Project included summarizing all environmental data, development of
0209 - Alan D. Hanscom, ISP 1
I
• Waste disposal areas included solid waste disposal areas, UST releases, and on-site wastewater
disposal areas.
EPA Brownfields initiative- Chicopee Pilot Project, Former Bay State Wire-Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management of containers of oils and hazardous materials,
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
• Due to large quantities of building demolition debris and regulated wastes, cost effective reuse
and recycling alternatives were evaluated and implemented.
EPA Brownfields initiative —Mansfield Hathaway Patterson Site —Mansfield, MA
• Provided technical support to Team of planners and local steering committee regarding cleanup,
reuse of former wood processing facilities, including Phase II detailed site investigations, human
health and ecological (qualitative) risk characterization, public participation, estimates of probable
remediation costs, etc.
• Provided detailed discussion of funding programs and support to help protect future property
owners from liability from pre-existing conditions.
Wellesley DPW Yard— Wellesley, MA
• Environmental assessment and design of a permeable soil cap to deal with residual PCB
contamination during redevelopment of the Wellesley DPW Site. Project included significant soil
sampling and analyses under the Massachusetts Contingency Plan,(MCP) and the Toxic Use Control
Act (TSCA) administered through the U.S. EPA.
• Development and implementation of a detailed Work Plan associated with characterization of PCB-
impacted soil, concrete and other contaminated media under the Toxic Use Control Act (TSCA).
Project included excavation and off-site management of over 8,000 tons of contaminated soil and
concrete.
• Licensed Site Professional (LSP) services were provided throughout the project, culminating in a
permanent solution Response Action Outcome (RAO), supported by a site-specific activity and use
limitation (AUL).
• Associated services included technical support and oversight of soil excavation and management
activities, including storm water and dewatering permitting, during construction of the new
Administration and Wellesley MLP Maintenance Buildings at the site.
Keith Middle School—New Bedford, MA
• Environmental permitting, design and oversight of environmental response actions associated with
site selection, design and oversight of construction of a $70Million Middle School.
• Preparation of a Notice of Intent under the Wetlands Protection Act (WPA), including presentation
of the project at the local Conservation Commission public hearings.
• Prepared and submitted detailed Work Plan in accordance with requirements under the Toxic
Substances Control Act (TSCA) related to the presence of polynuclear aromatic hydrocarbons
(PCBs).
• Provided oversight and documentation of all environmental response actions associated with soil
stabilization, capping and off-site management.
• Performed all permitting associated with pumping, treatment and surface discharge of
groundwater.
Designed and provided oversight of$0.75 Million wetlands remediation project.
Gallo Construction —Worcester, MA
• Performed site review of various development constraints for 50,000-ton Salt Storage facility.
• Developed conceptual site plan and designed surface water controls for permitting through the
City Zoning Board of Appeals and the Worcester Department of Public Works.
• Designed innovative collection system for storm water collection and re-use as brine for snow and
ice control.
0209 - Alan D. Hanscom, LSP 2
Massachusetts Department of Environmental Management, lug End Property - Egremont,
MA
• Completed the design and construction phase services associated with underground storage tank
removals, contaminated soils management, stabilization of lead contamination at a former skeet
range, management of hazardous wastes, closure of landfills and lagoons, and demolition of
thirty-seven (37) buildings.
• Project included extensive environmental permitting, archaeology, historic structures, and public
participation.
EPA Brownfields initiative - Chicopee Pilot Project, Former Bay State Wire -Chicopee, MA
• As part of an EPA-funded Brownfields Pilot Project, developed a model for the City of Chicopee to
use for future Brownfields work.
• Public involvement activities were undertaken including public meetings and newsletter mailings.
• Three contract documents were prepared to address underground storage tank removals,
contaminated soil management, management of containers of oils and hazardous materials,
RCRA-hazardous lead-based paint and asbestos abatement, and building demolition.
• Due to large quantities of building demolition debris and regulated wastes, cost effective reuse
and recycling alternatives were evaluated and implemented.
Phase IV MCP Pan Am/Van Dusan Fuel Farm, Logan Airport-Boston, MA
• Developed a Phase IV Remedy Implementation Plan under the MCP regulations.
• Provided Licensed Site Professional (LSP) services and environmental engineering services during
the Central Artery contracts that will remove the tanks and contamination. Ultimately, these
services will lead to closure of all required MCP response actions at the Fuel Farm, including the
issuing of a Response Action Outcome Statement.
21E Environmental Assessments and MCP Immediate Response Actions - Massachusetts
Highway Department
• Provided environmental consulting and Licensed Site Professional services for environmental
investigations at eleven MHD facilities and Immediate Response actions at over 30 other MHD
facilities. The US EPA and Massachusetts Department of Environmental Protection (DEP) issued a
Consent Order requiring the MHD to conduct environmental investigations of all of their 139
facilities to determine if a release of oil or hazardous materials to the environment has occurred.
These investigations are being conducted in accordance with Massachusetts General Laws Chapter
21E and the Massachusetts Contingency Plan (MCP) regulations.
U.S. Fish and Wildlife Service
• Responsible for the development and overall coordination of preliminary and comprehensive site
assessment activities, detailed evaluation of soil remediation alternatives and design of remedial
measures for the U.S. Fish and Wildlife Service at the Parker River National Wildlife Refuge in
Newburyport, MA.
• The project was performed under an MCP Waiver of Approach and included extensive site
investigations, remote aerial sensing of PCB-impacted soil utilizing infrared and multispectral
technology, development and implementation of cost-effective short term measures in lieu of
regulatory directive, development and execution of an extensive public information program,
detailed evaluation of contaminated soil management options, and design of a comprehensive soil
management program which included in-situ characterization, segregation, on-site stabilization,
on-site treatment/disposal, etc., and all related documentation requirements.
Arsenal Street Access, Partnership - Watertown, MA
• Responsible for overseeing environmental assessment and response activities on a parking lot
expansion project in Watertown.
• Services included a pre-acquisition site assessment, development of an estimate of probable
remediation costs, all phases of the MCP compliance process dealing with detection, reporting, and
remedial action associated with asbestos containing demolition debris, removal of abandoned rail
lines, environmental sampling and analyses, and all associated LSP services.
• Specific MCP-related submittals include Release Notification Forms, a Release Abatement Measure
(RAM) Pian, and a RAM Status Report.
0209 - Alan D. Hanscom, LSP 3
Talleyrand Chemical Facility Demolition -New Bedford, MA
• Provided environmental engineering services related to demolition and cleanup of buildings and
debris at the former Talleyrand Chemicals facility.
• Supervised the removal three fuel oil USTs and two liquid vinyl chloride monomer USTs,
• Provided field services to supervise the contractor's work, and collected confirmatory samples and
prepared final UST closure documentation.
• Supervised the removal of RCRA Hazardous sludge from on-site settling basins. The sludge, which
contained elevated levels of vinyl chloride, trichloroethylene (TCE), and other chlorinated solvents,
was shipped under a DEP Bili-Of Lading to an off-site disposal facility.
• Oversaw the on-site treatment of VOC-impacted water within the settling basins. The impacted
water was passed through a carbon filter and a subsequently discharged to the municipal sewer
system. Analytical results indicated that the treatment process removed 100% of the VOC
compounds.
industrial Heat Treatment Environmental Site Assessment- Quincy, MA
• Conducted an Environmental Site Assessment (ESA) of a metal treating facility in Quincy,
Massachusetts to identify potential environmental liabilities associated with a property transfer.
• Based on the findings of the ESA, recommended a Supplemental ESA including soil and
groundwater sampling was performed to investigate the areas of concern identified during the
ESA. The subsurface investigations resulted in the discovery of soil and groundwater contaminated
by chlorinated solvents and petroleum products.
• Prepared a conceptual remediation plan and cost estimate for a vapor extraction groundwater
remediation system to address the chlorinated solvent contaminated soil and groundwater.
• Prepared a Release Abatement Measure (RAM) Plan approved by the Massachusetts Department of
Environmental Protection (MADEP) to address the petroleum contaminated soil and groundwater
encountered at the former gasoline service station.
• Coordinated design and operation of ozone sparging system to address residual concentrations of
solvents in soil.
Urquhart School-Beverly, MA
• Managed the assessment, characterization, and construction phase services related to remedial
levels of lead arsenate and DDT pesticides at former orchid growing operations.
• The project included extensive characterization of pesticide-impacted soil, coordination of off-site
disposal, preparation of bid documents, public participation and contract administration.
Environmental Site Assessments, Former Conway Bedding - Chicopee, MA
• Site assessment to identify recognized environmental conditions for overt evidence of a release or
threat of release of oil and/or hazardous materials.
• Additional activities included federal, state, and local records review and interviews with people
knowledgeable about the site.
• Environmental concerns were identified consisting of potential asbestos-containing materials and
lead-based paint, polychlorinated biphenyl containing equipment, underground storage tanks, and
floor drains.
Ivory Plaza -Braintree, Massachusetts
• Provided risk characterization services in support of a Phase II Comprehensive Site Assessment for
the Ivory Plaza.
• According to the Massachusetts Contingency Plan (MCP), conducted a Method 3 Risk
Characterization for the Ivory Plaza that included a human health risk characterization, a
characterization of risk to safety, a public welfare risk characterization, and an environmental risk
characterization. Contaminants detected in soil, groundwater, surface water and sediment at the
site were attributed to the former uses of the site as an art and leather facility, electronics
manufacturing facility and rail yard. Petroleum and chlorinated solvents were detected in soil and
groundwater, and metals and PCBs were detected in surface water and sediment.
• After the risk characterization, a Release Abatement Measure was prepared involving the
excavation and off-site disposal of PCB and metal impacted sediment, was conducted to address
contaminated sediment in the on-site wetland.
• At the conclusion of the Release Abatement Measure, the wetland was restored to pre-remediation
conditions.
0209 - Alan D. Hanscom, LSP 4
Massport, East Boston Piers Development
• For Massport, was responsible for regulatory compliance and technical guidance associated with
environmental assessments performed for the East Boston pier development project.
• Subsequent to initial findings of petroleum compounds at the site, developed supplemental
environmental investigations involving airborne remote sensing technology to help identify near
surface contamination of the 5-acre Phase I development area.
• Current activities include comprehensive site assessment (including a quantitative risk
assessment), and a Final Remedial Response Plan (FRRP) under the Massachusetts Contingency
Plan.
Commonwealth of Massachusetts, Department of Environmental Management-Boston, MA
• Responsible for development of a computer database management system for DEM's identification
and tracking of environmental matters pursuant to Executive Order #350, the Clean State
Initiative.
• The services included the assimilation of existing survey information, a comprehensive database,
development of a software program to access and assess environmental compliance "matters"
with respect to applicable environmental regulations, and development of an Employee
Environmental Awareness Program.
Zeneca Resins U.S. - Wilmington, MA
• Overall program management of extensive environmental activities for Zeneca Resins U.S.
including development of a detailed closure program for a 10-tank chemical storage facility,
design of a 100,000 GPD industrial wastewater treatment facility utilizing sequencing batch
reactors (SBRs), development of environmental controls during installation of a sanitary sewer,
coordination with the local Conservation Commission for all associated permitting, ongoing
comprehensive site investigation activities under the Massachusetts Contingency Plan for the
cleanup of a release to tri methyl benzene, etc.
• Design included vapor extraction and biotreatment remediation of the impacted area. -
East Boston Terminal, Mobil Oil Corporation
• Hydrogeologic investigations into potential sources and on-site containment of subsurface
contamination.
• Served as Project Manager with responsibility for the design of product recovery systems, system
monitoring, and evaluation of subsurface conditions at various stages of program development.
• Under a separate study, investigated various alternatives for the disposal of VHO impacted soil
and soil with elevated levels of TPH, including a presentation to MOC's corporate environmental
staff.
United States Fish and Wildlife Service, Patuxent Wildlife Research Center- Laurel, MD
• Served as Program Manager for this Initial Site Investigation to be performed at the site of the
Patuxent Wildlife Research Center.
• Responsible for providing corporate, technical, and regulatory support for this project which
involved three different site components; i.e., two former chemical leach fields, a slit trench which
served as a disposal area, and an old dump.
• Oversaw the following tasks: supplemental data review, Regulatory Compliance Assessment, work
plan development, development water and cuttings as disposal coordination, and assistance with
other regulatory issues.
Limited and Comprehensive Site Assessments, ICI Resins U.S.
• Project Manager for the investigation and assessment of this hazardous waste site (solvents) and
compliance with regulatory requirements. Responsible for the coordination of the site investigation
and the development of the Preliminary Assessment and the Limited Site Investigation Reports.
• Supervised the site classification and coordinated the successful application for Waiver of
Approvals from the Massachusetts DEP.
• Responsible for the completion of the Comprehensive Risk Assessment, including fate and
transport evaluation, Quantitative Risk Assessment, and the development of the conceptual
remediation program and goals.
0209 - Alan D. Hanscom, LSP 5
Mm
U.S. Postal Service, Northeast Region
• Served as Program Manager for a three (3) year, Indefinite Quantity, Environmental Services
contract for the U.S. Postal Service covering the six (6) New England states and has included
asbestos inspections, environmental investigations, contaminated soils management, UST
closures, and environmental compliance auditing.
• Participated in a recent Northeast Regional training seminar to outline notification and record
keeping requirements under SARA Title III.
New Harbor Partners, Inc.
• Developed an extensive environmental site assessment program of a 7.5 acre property formerly
used as a sludge processing plant. Significant environmental impact due to the release of
polynuclear aromatic hydrocarbons (PNA's) was discovered, along with elevated levels of other
volatile organic compounds at several locations on the property.
• Other activities at the site included the delineation of the limits of fill areas, preliminary
assessment of probable remedial action activities, and development of remedial cost estimates.
Hazardous Materials investigation, New Hampshire Department of Transportation, Various
New Hampshire Locations
• Responsible for technical and regulatory consultation for various NHDOT projects.
• Studies involved all phases of investigations from initial site assessments through preliminary and
detailed site investigation and remedial clean-up.
Pre-Acquisition Environmental Site Assessment, Conrail Right-of-Way
• Provided environmental services for the investigation of approximately 29 miles of Conrail
right-of-way (ROW), with respect to the release or threat of release of PCBs, oil or hazardous
materials (OHM) on or adjacent to the ROW. The purpose of the investigation was to identify
recognized environmental conditions on or adjacent to the ROW including the environmental
liabilities associated with the proposed property acquisition and construction of a commuter rail
along the existing Conrail ROW.
• Coordinated with the MBTA and Conrail to provide a final report which addressed the needs of the
overall project.
• Provided environmental services for the investigation of five proposed commuter rail station
locations.
• Prepared the final site assessment report and provided the MBTA with recommendations for
additional studies, based upon the observations made during this investigation.
• Identified concerns at the station locations directly relating to the proposed property acquisition,
potential environmental liabilities, and the health and safety of workers during future construction
activities.
South Harbor Realty Trust- Lynn, MA
• As part of a due diligence assessment, coordinated and oversaw the environmental investigation
and assessment of property adjacent to a former coal gasification facility. Contaminants
encountered on that property include coal tar (PAH compounds), fuel oil, toluene and xylenes.
• Responsible for delineations of the extent of the release areas and compilation of estimates of
probable remediation costs.
GTE Products Corporation -Fall River, MA
• Managed an environmental program at this facility which included underground storage tank
testing, an asbestos survey, and an environmental site assessment. The site included discovery of
a significant trichloroethylene release from an upgradient property source.
Environmental Assessment/Groundwater Pump and Treat System Design, Curtiss-Wright
Corporation - Wood Ridge, N7
• Managed the ongoing environmental assessment and design of groundwater pumping and
treatment facilities at a former aircraft engine manufacturing plant in Wood Ridge, NJ.
• Direct involvement focused upon the assessment of viable alternatives for free product recovery
and treatment of groundwater impacted by chlorinated compounds, vinyl chloride and heavy
metals
0209 - Alan D. Hanscom, LSP 6
1
• Developed a detailed plan for investigating the presence of dense non-aqueous phase liquids
throughout the overburden and bedrock aquifers.
R11FS at NPL Hazardous Waste Site,ARCS, Region 1
• As technical advisor, reviewed groundwater contamination data furnished by others and guided
the evaluation and selection of the groundwater remedy for the NYANZA Superfund Site in
Ashland, MA.
Boston-Based Insurance Company
• Monitored on-site investigation activities performed by the EPA in conjunction with the Baird &
McGuire Superfund site in Holbrook, MA.
• Activities included oversight responsibilities and participation in surface water sampling, soil
sampling, air quality monitoring, swab sampling, and other tasks to help define existing site
conditions.
Boston-Based Law Firm
• Primarily responsible for the development and implementation of Phase I and Phase II site
assessment programs under the Massachusetts Contingency Plan for industrial sites contaminated
with waste cutting oils, TCE, and other petroleum-based products.
Societies Water Environment Federation
Associated Industries of Massachusetts
Licensed Site Professional Association
0209 - Alan D. Hanscom, LSP 7
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A
CITY Of- SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
AFFIDAVIT OF J1:FFRI;X S. DIRK, P.F., PTOE IN OPPOSITION TO
PETITION TO INTERVENE & REGISTRATION AS AN ABUTTER
1. I am a Massachusetts licensed Professional Engineer, employed by Vanasse
and Associates, hic, Transportation Engineers and Planners, My resume is
attached to this Affidavit as Exhibit 1.
2. Northside Carting, Inc. has engaged Vanasse and Associates, Inc. to provide
traffic analysis services in connection with the minor modification to site
assignment applied for by it and the City of Salem,
3. 1 personally supervised preparation of the traffic analysis materials presented
by Vanasse and Associates, Inc. to the Board of l lealth in support of the minor
modification to site assignment.-
4. The City of Sulen owns and Northside Carting, Inc. currently operates a solid
waste transfer station on the existing site. The Applicants propose to
reconstruct the transfer station and increase the daily maximum tonnage from
1,00 to 400 tons per day.
5, 1 have reviewed the Petition to Intervene & Registration of Abutter filed on
behalf of Alan Samijian.
6. Mr. Samijian claims abutter status on the grounds that lie owns a
condominium unit at 51 Cavendish Circle, Unit C in the Green Dolphin
Village Condominiums.
7, Mr. Samijian's Petition expresses concern over congestion and delays at the
intersections of First Street and Swampscott Road, Swampscott Road at
Highland Avenue and Trader's Way at Highland Avenue. 1 have assessed the
impact of the site assignment modification on these intersections.
8. In preparing my traffic analysis and this affidavit I have reviewed aerial
photographs and maps of the site of proposed activity and its surroundings,
including the Green Dolphin Village Condominium complex.
1
J
9. 1 have personally visited the site of proposed activity on numerous occasions
and observed the proximity of ilio Green Dolphin Village Condominium
complex.
10. The site of the proposed activity and the other properties are identified on the
aerial photograph which is attached to this Affidavit as l�xhibit 2.
1 l. The site of the proposed activity depicted on Exhibit 2 is the proposed transfer
station building itself',depicted by a gray line on Fxhibil 2.
12. The condominium complex is located at the corner ol'Swampscott and first
Streets depicted ort Exhibit 2 and Mr. Samijian's writ C at 51 Cavendish
Circle is depicted on Exhibit 2.
13. Mr. Samijian's unit is located on Cavendish Circle, two streets removed from
the site of file proposed activity. Cavendish Circle is an internal street within
the condominium complex that does not pass by or through any of the
intersections about which Mr. Samijian expresses concern.
14. 13ased upon a field visit to Mr. Samijian's unit, traffic access to his
condominium is directly from Cavendish Circle, which in my opinion will not
be afffected by the proposed transfer station.
15. The intersections cited by Mr. Samijian currently accommodate between
1,000 and 4,000 vehicles per hour during peak traffic volume periods. To the
extent that Mr. Samijian traverses these intersections, he represents less than
0.1%of overall traffic at the intersections. As such Mr. Samijian's interests
are no different that (]lose of all other users of these City streets,
16. it is further my opinion that the modification of the transfer station will not
have a special or unique adverse affect on Mr. Samijian as owner of a
condominium at his address any different from the all'eets on the general
public, which in my opinion will be minimal and will not Constitute a traffic
danger to public health, safety or the environment.
Signed and sworn under the pains and penalties p1_perjury this 23"r day of
November, 2009
Jeffrey S. Dirk, Px , P'f OE
MA P.E. No.: 38871 Civil
2
Jeffrey S. Dirk, P.E., PTOE
Education University of Massachusetts,Amherst,BS.C.E. with honors,7991
i
Affiliations Institute ofTransportation Engineers
Member-Traffic Engineering Council j
Immediate fast President—New England Section of the Institute of Transportation Engineers
Boston Society of Civil Engineers
National Society of Professional Engineers
Massachusetts Society of Professional Engineers
Member,Ethics&Registration and Certification Committee
University of Massachusetts,Amherst
Member-Advisory Board to the Department of Civil and Environmental Engineering
Registration Registered Professional Engineer:Connecticut,Massachusetts, Maine, New Hampshire,Rhode Island and
Virginia
National Council of Examiners for Engineering and Surveying(NCEES)Record Holder
Certified Professional Traffic Operations Engineer(I'TOE)
SUMMARY OF EXPERIENCE
Mr. Dirk is a Vice President and Senior Project Manager at Vanasse& Associates, Inc. with over seventeen years of
experience in the"frafffc P.ngincering and"1'ransportation Planning fields. He is a Registered professional Engineer in
the states of Connecticut Massachusoats,Maine,New Hampshire,Rhode Island,and Virginia,and has been Certified
as a Professional Traffic Operations Engineer (PTOE) by the Transportation Professional Certification Board of ill(-
institute
heInstitute of Transportation Engineers (ITE). His responsibilities include the design and analysis of roadway,
intersection,and interchange systems and file preparation and review of traffic studies and roadway and inlerseclion
design plans for both private and municipal clients. Mr. Dirk's experience includes a wide range of transportation
duties. Traffic studies included performing;trip generation Calculations, traffic modeling and analyses,distribution,
and traffic assignment computations, as well as the development of Transportation Demand Management (TDM)
strategies and site access and off-site improvement plans. He has extensive experience with the design and analysis of
signalized and unsignalized m ersedions,including the design and timing of closed-hoop traffic,,signal systems.
Mr. Dirk has prepared detailed design specifications,contract documents,and plans for traffic signals,roadways,and
pedestrian and bicycle facility designs for state and municipal clients including the Massachusetts Highway
Department(MassHighway);Maine,New Hampshire,and Rhode Island Departments of Transportation(DOTS);and
the California Department of Transportation(CM TRANS). Mr.Dirk has also been qualified as an expert witness in
the Transportation Planning and Traffic Enrineering fields in the States of Connecticut, Massachusetts, .
New Hampshire and Rhode Island,and has represented private and municipal clients in testimony and prescntatiune
before local and state agencies,municipal officiate,and Courts(if law.
Previous Experience -
Mr.Dirk's transportation projects have included:
'1'raffic Signal Design - Supervised, designed, and managed the preparation of traffic signal plans, phasing and
timing design,coordination charts and time-space diagrams,specifications and estimates for traffic signal installations
on Route 20 in Millbury, Auburn, and Worcester, MA; Route 12 in Auburn, MA; Route 29 in Brockton, MA;
Commonwealth Avenue in Newton, MA; Ilamilton Street and Washington Street in Leominster, MA; Route 1 in
Attleboro, MA; Route 126 in Ashland, MA; and Quinsigamond Avenue, Southbridge Street, Main Street, and
pleasant Street fn Worcester, MA. Prepared traffic signal design plans and timing and Coordination plans for dosed-
loop traffic signal systems for the Brosruhah Square Gateway project in the City of Worcester;Pleasant Street corridor
system in the City of Worcester,and the Commonwealth Avenue restoration project in the City of Newton.
Pedestrian and Bicycle Facilities - Developed design specifications, route/alignnhent alternative evaluation
parameters,and preferrat alignment selection and design for bicycle and pedestrian facilities,both on and off.street, ,
in Worcester, MA and along the Blackstone River Valley from Blaeksl o vy MA it)Millbury,MA. Developed warrants
for and designed and evaluated locations for the installation of audible pedrxtrian devices as aids to the visually
impaired at signalized intersections.
I1:\VAI\aarauma\r:D\ISD lhxumc022709A. 't MOD
RESUME
Jeffrey S. Dirk, P.E., PTOE (continued)
Peer Review Services - Assisted the Towns of Foxhomugh, Hingham, Sharon, Plymouth anti Wrentham,
Massachusetts, the City of Boston; anti the towns of Greenland, Hampton anti Plaistow, New Hampshire, in the
review of traffic impact studies for proposed retail, office, residential and ntixeal-use developments, :ural planned
roadway and transportation infrastructure projects.
Traffic Impact Studies-Supervised,prepared and managed the preparation of traffic impact studies including traffic
modeling;allenuatives analysis, trip generation;distribution and assignment; roadway and intersection analyses; the
development of Transportation Demand Management(TDM)strategies;and the development of site access anti off.
site Improvement plans; for both small and large developnncnts, institutional U•ansportalion master plans, and
sporting and event facilities throughout the New England region. Recent projects completed include the following:
Tuffs University Grafton Cangnrs Master Plan, Craftan,MnssacLusetts-'Phis project included the development of in
institutional Master Plan for the Tufts University Grafton Campus in an effort to manage transportation issues related
to the Campus and future devclopntent in the area, The project included a 256,850+ sf expansion of the existing
campus,as well as the development of a 702,000+sf biomedical science park. The work effort included the review
and development of vehicular anti pedestrian connections hoth internal to the campus anal hr and front the local
roadway system providing access to the University. Specific measures to reduce vehicular travel and parking demand
on the Campus and encourage bicycle anti pedestrian travel were developed. Potential off-campus improvements
sem dovt-lopcd where necessary to improve traffic flows anti address vehicle and pedestrian safety issues.
Tafts Biomedical Science Park, Grafton, Massachusetts - This project included the development of a 7112,11110+ sf
biomedical research anti development park in conjunction with Tufts University. The study area included
12 inte'rsectionS,development of pedestrian and bicycle connections to anti from tilt 1'085 University Campus anti the
adjacent MBIA Commuter Rail Station,anti the development of'1'1.)M strategies in conjunction with the University,
the biomedical science park anti the'fown of Grafton.
Tine Piaefrills connuuaihJ, Plymouth, Massachusetts - This project involved lite development of a 3,200 + acre
planned use development(PUD)consisting of Z132 limited Occupancy homes;920 planned retirement homes,,four I8-
hole golf courses;and 1.3 million sf of commercial retail/office space. The study area encompassed 25 intersections
and included Koute 3 front the Kinston'fown Lute to the Bounce Town Line and all ramps and interchanges between
these points. Major development goals of the project UWludt-d tilt-development of a transportation systenn that woUld
adequately serve the needs of the community,while balancing the desires of the developer and the Town to maintain
the rural character of the existing roadways, the project site and adjacent pinperlies. 'file work effort included the
development of a detailed 1'IJM program of the community; traffic calming measures to reduce vehicle travel speeds
through the community and discourage cut-through traffic on residential roadways, design of off-site roadway
improvements, including Route 3 interchange modifications,traffic signal installations,modern roundabout,anti try.
pass roadway design.
30 Cambridge Park Drive.,Cambridge,Massachusetts-'['his project involved the development of a.111-unit apartment
community to be fixated across form the Alewife MBTA station in Cambridge. The analysis included a detailed
assessment of project related impacts as they related to the City of Cambridge interim Planning Overlay Petition
(IPOP) criteria and the development of mitigation measures to address impacts that exceeded the II'01' criteria.
Integration of the project into existing and planned pedestrian anti bicycle facilities in the vicinity of the project and
connections to Ilse Alewife MIPI'A station were developed to reduce the vehicular demands of the project un the
transportation infrastructure.
Patriot Place, Forborotgh,Massaclurselts-This project entailed the development of approximately 1.3 million sf of
commercial,recreational,office anti medical office space,including the first Bass Pro-Shops ouildoor retail store in the
northeast, to be located adjacent M Gillette Stadium, [ionic to Iht New England Patriots football team anal the
New England Revolution.soccer team. The work effort Included detailed traffic modeling and analyses of operating
conditions hath with and without an event ut Gillette StadiunI, inclusive of bout vehicle and pedestrian access and
circulation,at over 30 intersections, including the 1.95/Route'I and 1.495/Route 1 interchanges; the development of
game day traffic,parking,anal pedestrian management plans for the Route I corridor anti within the stadium parking
facilities;formulation of a comprehensive'['OM program for both Stadium events and typical daily operations of both _
the Stadlum(non-event)and the planned commercial center. This project emailed multiple challenges unique to the
creation of it vibrant commercial facility proximate to a 118,000-seat stadium surrounded by over 14,000 parking spaces
and bounded by.t four-Ina:state highway,an active rail line anti seasonal commuter rail station,and wetland areas,
tl:\vnu\ucvanetVSn�}sn w....a..o+±mu.dn. 2 Mo
RESUME
Jeffrey S. Dirk, P.C., PTOE (continued)
South Station Air Rights Development, Boston, Massachusetts - This project involved the preparation of a
comprehensive transportation impact assesstilent and planting dounhunt for the development of approximately 2.1
million gross square feet of office,hotel and research and development(R&D)space to be located in three buildings
encompassing it forty-seven story office tower,a 500-room hotel and a nine-story R&D building;to be located over the
South Station Transportation center and the MIITA and Anitrtk rail lines, Key elements to the completion of this
work effort were integrating the transportation eletuents of the planned project into the future regional and local
surface transportation system being constructed by the CA/T project and the City of Boston, and planned public
transportation improvements being undertaken by the MB'pA, Amtrak, and the Massachusetts port Authority. A
coniprehensive TDM program and parking management plan were developed for the project,as well as it construction
management plan and service/delivery truck operations management plan. Close coordination with the City of
Boston, the CA/T project, the MBIA, Amtrak, and the U.S. Postal Service were it primary part of the sua:essful
completion of this planning effort. -,
The Village at tlospiht!Miff,Northampton,Massachusetts-'this project included the redevelopment of the former
126-acre Northampton Stale Hospital campus into it mixed-use community encompassing approximately 207
residential units,an assisted living facility,and approximately 476,000 sf of commercial space including,it mix of light
industrial, office, and retail space,as well as a community center and day care facility. The project was subject to
extensive environmental review by file state and included several community meetings and workshops to solicit ideas
and refine the elements and goals of the planned community. The study area encompassed 17 intersections and 10
roadways,as well as local and regional bus services and pedestrian and bicycle facilities. The major elements of the
work effort included a detailed analysis of existing and(utero operating conditions on the study roadways and at fit(-
study
hestudy intersections;the development and evaluation of improvements and roadway alignment alternatives to address
existing and projected future deficiencies; providing traffic calming altenlMives designed to reduce traffic volumes
and travel spalls in residential areas;and the development of a comprehensive TDM program for the employees and
residents of the community that incorporated public transportation, pedestrian and bicycle resources, as well as
provision mf on-site amenities in order to reduce off-site traffic impacts associated with rile development. An annual
monitoring program was developed designed to gauge rile effectiveness of the TDM program and to allow for tilt
expansiem and refinement of tilt services offered. Coordination with the(:fly of Northampton,the Citizens Advisory
Committee (CAC), MassHighway, the regional planning agency, and the. Pioneer Valley Transit Authority (PV['A)
were an integral part of the planning effort completed for the community.
Smith Cape Village,Mashpce, Massachusetts-'Phis project consisted of the development of a 160,000 sf retail center
healed off Route 28 and west of the Mashpee Rotary in Mashpiv, Massachusells. The project was subject to an
extensive review by the Massachusetts Environmental Policy Act (MEPA) Office, MassHighway, the Cape Cod
Commission and the'town of Mashpce,and was the first major project to be reviewed under the. Development of
Regional Impact (DRI) guidelines of the 2(X)2 Cape Cod Regional Policy Plan. The study arca for the project
encompassed 50 regional intersmtions and 92 regional roadway links, and included an evaluation of public
transportation services and pedestrian and bicycle facilities under both average and peak summer month conditions.
The successful approval of this project rerluired extensive coordination with MassHighway,the Town of Mashpce and
the Cape Cod Commission, A detailed TDM progrun was developed for the project, as well as it couipmhensive
assessment of improvements altematves for the Mashpce Rotary, including it two-lane assessment of improvement
alternatives for the Mashpce Rotary, including it two-lane modern roundabout, grade-separated interchange and
coordinated traffic signal control.
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CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
NOTICE OF APPEARANCE
I, Thomas A.'Mackie, Esq., hereby enter my appearance for applicant Northside
Carting, Inc.
Respectfully Submitted,
Northside Carting, Inc.
By its attorney, 0 //
Thomas A. Mackie
Mackie Shea O'Brien, PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
Date: November 23, 2009
1
CITY OF SALEM
BOARD OF HEALTH
In the Matter of )
City of Salem and Northside Carting, Inc. )
Minor Modification to Existing Site )
Assignment )
Certificate of Service
I, Thomas A. Mackie, do hereby certify under the pains and penalties of perjury
that on this 23`d day of November, 2009, I served the Opposition to Petition to Intervene,
Affidavit of Alan D. Hanscom, Affidavit of Jeffrey Dirks, and Notice of Appearance by
hand delivery on:
Carl D. Goodman, Esquire
Goodman Law Office
152 Lynnway— Suite 1
Seaport Landing
Lynn, Massachusetts 01902
Elizabeth Rennard, Esquire
City Solicitor
Salem City Hall
93 Washipgton Street
Salem, MA 01970
Kenneth Whittaker
Adomo & Yoss
155 Federal Street
Boston, MA 02110
Thomas A. Mackie
Mackie Shea O'Brien, PC
420 Boylston Street Suite 504
Boston, Massachusetts 02116
1
LoopNet - Salem Technology Park, Commercial/Other(land), Technology Way and Swa... Page 1 of 4
.Ii
Land Property For Sale-Salem Technology Park
LOOPNet` Technology Way and Swampscott Rd,Salem, MAA,01970
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Salem Technology Park
Technology Way and Swampscott Rd, Salem, MA 01970
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Price:
• $173,000-;1,000,000
Lot Size:
• 1.23-8.20 AC
Total Lot Size:
• 16.90 AC
Property Type:
• Land
Property Sub-type:
• Commercial/Other(land)
O EIZFeatures:
icity/Power
o Water
O Telephone
o Cable
• O Gas/Propane
• Find Out,More...
Last verified 11/16/2009 listing ID 15490396
7 Lots Available
Lot 1
• P ice:
§750,000
• Lot Size:
90,863 SF
• Lot Type:
Commercial/Other(land)
• Commission Split:
3%
Lot 2
• Price:
$400,000
• Lot Size:
78,063 SF
• Lot Type:
Commercial/Other(land)
• Commission Split:
3%
Lot 3
• Price:
{500,000
http://www.loopnet.com/property/15490396/Technology-Way-and-Swampscott-Rd/ 11/20/2009
LoopNet - Salem Technology Park, Commercial/Other (land), Technology Way and Swa... Page 2 of 4
• Wt Size:
122,166 SF
• tnt Type:
Commercial/Other(land)
• Commission Split:
3%
Lot 4
• P ice:
$200,000
• Wt Size:
69,285 SF
• Wit Type:
Commercial/Other(land)
• Commission Split:
3%
Lot 5
• Price:
$175,000
• Wit Size:
53,557 SF
• Lot Type:
Commercial/Other(land)
• Commission Split:
3%
Lot 6
• Price:
$250,000
• Lot Size:
76,362 SF
• Lot Type:
Commerclal/Other(land)
• Commission Split:
3%
Lot 7
• Price:
$1,000,000
• Lot Size:
357,199 SF
• Lot Type:
Commercial/Other(land)
• Commission Split:
3%
Description
Total parcel is 16 acres of land,subdlvidible Into lots for sale or build to suit and lease.Zoned BPD,Business Park Development,for
general office/professional use,storage,warehouse,distribution,manufacturing,assembly,research,laboratory,pharmacuetical,
apparel,food,furniture,fixtures,electronics,etc.Street is in and lots have utilities available in street.
Technology Way is currently home to Maynard Plastics and Thermo Electron,located off Swampscott Road,near Rt.107 Highland Ave,
minutes to routes 95,128,and route 1.
Map of Technology Way and Swampscott Rd, Salem, MA 01970 (Essex
County)
Hide.Map
http://www.loopnet.com/property/15490396/Technology-Way-and-Swampscott-Rd/ 11/20/2009
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Commonwealth of MassachusettsExecutive Office of Environmental Affairs
- -Department-of
_ • ilti G 1994
Env'rronmenta! (Protection
Metro BostoNNortheost Regional Office CITY OF SALEM
wunam F wow HEALTH DEi?T.
1}
7n{dy S Coxe g
Thom" "13�Poowera rJtt[tt V 3 ¢' 5
Ac*q c"W&aWW
City of Salem, DPW RE: SALEM - solid Waste
One Salem Green Transfer Station
Salem, MA 01970 Permit by Rule
Transmittal No. : 79384
Permit No. : NESW-TS-038
Facility ID No. : TR0258.004
Attention: Charles F. Quigley
Dear Mr. Quigley:
The Metropolitan Boston/Northeast Region, Department of
Environmental Protection, Division of Solid Waste Management, ("the
Department") has received your Application BWP SW 34 Permit by- Rule
for the existing City of Salem Transfer Station, located at
Swampscott Road in Salemr., Massachusetts. On January 21, 1994, the
Department issued a technical deficiency letter relative to the
City of Salem's application, because the City had not provided
proof that the transfer station had been site assignment.
On April 25, 1994, the Department received copies. of minutes
from a Board of Healthmeeting regarding the site assignment (June
91 1960) for a incinerator on Swampscott Road. This material was
sent by Joanne Scott, Health Agent for Salem.
The City of Salem Transfer Station has been previously
approved by the Department on September 9, 1975 to;.-receive up to
100 tons per day of refuse. The facility has not been approved to
receive any Special Waste.
The Department has determined that the Permit by Rule
Application fulfills the conditions of 310 CMR 19.023(3) and that
the City of Salem facility is in compliance with the requirements
of 310 CMR 19.200 et seq. , Transfer Station Design and operations
Standards.
For the reasons noted above, the Department hereby approves
your application for a Permit by Rule for the City of Salem
Transfer station subject, to the following conditions:.
1. Periodic examination of the transfer station site shall
be conducted by a representative of City of Salem, or
their consultant, experienced in solid waste activities.
This examination shall include a check. of the area for
the presence of any odors or other nuisances. If odors
10 Commerce Way 0 Woburn,Massachusetts 01801 0 FAX(617)935-6393 9 Telephono(617)935.2160
City of Salem
Permit by Rule
----
-.--page-2--
or
--Page-2-- or other nuisances are present, it shall be immediately
reported to the Board of Health and appropriate steps
shall immediately be taken by City of Salem to abate the
nuisance condition(s) .
2. The City of Salem shall submit an annual report
summarizing the facility's operations for the previous
calendar year to the Department's Northeast Regional
Office, not later than February 15th of each calendar
year. The annual report shall include, but not
necessarily be limited to:
a. A summary of the year's receipt of wastes,
including the type and tonnage of waste received.
b. An evaluation of the facility's recycling program,
if any, for the prior year describing the rates of
recycling-achieved, a breakdown by material type,
and a description of how materials were marketed.
C. A summary of any operational problems or
deficiencies encountered during.the year, including
odors or other nuisances, and including
recommendations for changes or modifications to
address the problem(s) .
d. A summary of any loads rejected by the facility; or
returned to the facility following rejection by the
disposal facility.
3. The facility shall be operated and maintained in
compliance with the applicable parts of 310 CMR 19.Ooo,
in particular 310 CMR 19.007 through 19.011 (rights of
the Department, submittals, records, monitoring and
supervision) , 19.043 ("Conditions for Permits and
Authorizations") and 19.200 et seq ("Part III: Transfer
Station Design and operations Standards") .
4. The facility shall not accept any Special Waste except in
compliance with an approval issued by the Department, in
writing, pursuant to 310 CMR 19.061, Special Waste.
5. In the event any load of waste is rejected by the City of
Salem Transfer Station, or is returned to the City of
Salem Transfer Station, because it contains infectious
waste or asbestos, the operator shall notify the
Department's Division of Solid Waste Management,
Northeast Regional Office within two (2) hours by FAX.
If a FAX machine is not available, this notification may
City of Salem ---------- _.__ ------- T _
----Permit-by Rule T
page 3
be made by phone instead within two (2) hours. Such
notification by phone shall be followed up by a certified
letter within 24 hours. This notice (and follow-up
letter where applicable) shall provide to the Department
the following information:
a. origin of .load,
b. description of load,
C. reason for rejection,
d. name of hauler and license plate number of the
vehicle involved.
Pursuant to M,G.L.c. .111, section 150A and 310 CMR 19.023, the
approval for this facility issued September 91 1975) to C.E.
Maguire, Inc. as amended by this approval, shall constitute a
permit and Authorization to operate (ATO) the City of Salem
Transfer Station located .at -Swampscott Road, Salem,MA.
,NOTICE OF RIGHT TO APPEAL
The City of Salem (.City) is hereby notified that it may within
twenty-one (21) days file a request that this decision be deemed a
provisional decision under 310 CMR 19.037(4) (a) , by submitting a
written statement of the basis on which the City believes it is
aggrieved, together with any supporting materials. upon timely
filing of such a request, the decision shall be deemed a
provisional decision with an effective date twenty-one (21) days
after the Department's receipt of the request. Such a request
shall reopen the administrative record, and the Department may
rescind, supplement, modify, or reaffirm its decision. Failure by
the City to exercise the right provided in this section shall
constitute a waiver of the City's right to appeal.
Appeal. Any person aggrieved by the issuance of this permit,
except as provided for under 310 CMR 19.037 (4) (b) , may file an
appeal for judicial review of said decision in accordance with the
provisions of M.G.L. C. 111, s. 150A, and M.G.L. c. 30A, not later
than thirty, (30) days following the receipt of the final permit.
The standing of a person to file an appeal and the procedures for
filing such appeal shall be governed by the provisions of M.G.L.
c. 30A. unless the person requesting an appeal requests and is
granted a stay of the terms and conditions of the permit by a court
of competent jurisdiction, the permit decision shall remain
effective.
City of Salem
Permit by Rule
--page 4 _.
Notice of Action. Any aggrieved person intending to appeal
the grant of this permit to the Superior Court shall first provide
notice to the Department of their .intention to commence such
action. Said notice of intention shall include the Department file
number and shall identify with particularity the issues and reasons
why it is believed the permit decision was not proper. Such notice
shall be provided to the Office of General Counsel of the
Department and the Regional Director for the regional office which
processed the permit application. The appropriate addresses to
which to send such notices are:
General Counsel
Department of Environmental Protection
One Winter Street - 3rd Floor
Boston, MA 02108
Regional Director
Department of Environmental Protection
10 Commerce Way
Woburn, MA 01801
No allegation shall be made in any judicial appeal of this
permit decision unless the matter complained of was raised'at the
appropriate paint in the administrative review procedures
established in those regulations, provided that a matter may be
raised , upon a showing that it is material and that it was not
reasonably possible with due diligence to have been raised during
such procedures or that matter sought to be raised is of critical
importance to the environmental impact of the permitted activity.
Should you have any further questions regarding this matter,
please contact Mr. Robert Tanzer at the letterhead address or at
(617) 935-2160.
S' cDereiL�
Robert Tanz�of Thomas D. Mahin
Environmental Engineer Chief, Solid Waste Section
Bureau of Waste Prevention
TDM/RT/pdb
cc: DEP/DSWM/Boston - Attn: Phil Weinberg, Acting Director
DEP/NERO - Attn: Kevin Mahoney
Salem Board of Health
Richard Lis, Assistant City Engineer
SWISALEM.PBR
f
X BT
F,-
Dttparftnt of vnviratra ntol tk elify Fn
Division of F:nvirsttsmpntal ticalth
September 91 Ms
D.f;. i gt►irol UM, let Salon v Solid Vastes
0mbust{un Futinooring, Inti* Alan ftovoval for Transfer
11 Cabal street , Station
frovidane$, Mda Island 09903
• Atteritione John D, Ail9mbtt�x
dentleftni
Thd 00 .Art=t Of Envirnnatanital iStality GngisparioU, in Mir-01140 to
your rheas ., has raviemd a tat of-mane for the ot�stotlon of a refuse
transfer statical on thR bite of-the 4xiastigg S41M IMInerator IftUted ttff
A140ft0tt Nad in the City of $a: oat. • The plans coisist of twelve (12)
shadts, the first of rrhioh It- tModt
City of 9610m, btasaohusetts•
tatn101a1 Solid Waste Truttsfiat SUtion
Datat April 1876
It id pt poled t 00nstruois s Woe Itransfe station utilix-fifty o
rrtion of tiro exist lig in4intfrator bctilding. The solld.waste will be
tf axtdled by Mant of turn �2) at6iionary copactor gaits Ulth 0aiatsd.im4sf�
trdiiers, Fiat) di%p0 Of 611 solid a o H J'( lxs hb tfio SCA S.ervides,
Ina. sanitary an$fitIs 1cjsattd in m4sbury, Nassaahuasrits..
The Depbrtptett
Of hlvipct ttI 141ity 6'nginaarioh is of the opiniofl•
that ths: plans i�Av ewtrd Are dt3�vo o n o¢cardanot Ntth outfent anviron.
Mobtal ata Mrthe fallkwaotic340 ondini r6by approves Uo above-describod plans
14 This approval is; limited to the handlino of 140 tont per d6y of
rafu#a: .
26 existing unto orad Ash and refuse shall be oov>ared with
111110M of two {S fast of i rvious material the top four �d)
inobas of rthidh s all be va!iio of supporting va4otition.
at This offioe thall be datltacted after doeplation of this ttrojedt
to th4t an inspection of the faoility dan be mato.
Rat Stt1w • Solid Wastes ••
plan Approval f4r Transfer
Station
4. hOndltimalt isofft shall be kept Of th4 total weights of refuse
6s H4 aha+utas shell be rode in thoe alas without 04 vrittn
approyai of the Wpartrts3nt of NVIYO aaaht/Ai Oalitg Engineering.,
NO Onvillo ntal astassmnnt fort is raquired to b4 submitted for this
ns
M theL 1Wcukt tive Offid of EnvironmentalOW Us l�#a m# and the VrolGafi hasithar9.�
#4rtt beast d4t4tmined to oanse lip significant damage Td the Wiranmtento
gngiosed herewith are three (9) s mW-apprmd avptes of tbs.ptants
A COPY of whioh must ho kept on thn sits end used for constra4ti4n purPOUPrt
very tmlY yam',4s
par the Co missioneri.
Renneth.A. TArboll
buicnal.Sanitery Engineer+
t Ulcm Health m1grtstent
Conditions of Approval
For the
Minor Modification to the Site Assignment
Y
The Salem Board of Health
Based on all of the evidence given at a public hearing conducted pursuant to the Massachusetts Site S
Assignment Regulations for Solid Waste Facilities(310 CMR 16.00),the Board of Health finds that the 1 —
proposed minor modification to the existing site assignment of the facility located at 12 Swampscott Road
will not constitute a danger to public health,safety or the environment and hereby approves such minor
modification subject to the following conditions. These Conditions shall be strictly enforced,and violations
of them shall be grounds for the impositions of fines,temporary shut downs,or rescission of this site
assignment and closure of the facility.
i. With the exception of the residential drop-off area, the Facility shall be completely enclosed with
all transfer operations occurring within the building enclosure.
2. Hours of operation shall be between 7:00 AM and 5:00 PM,Monday through Friday and 7:00 AM
to 10:00 AM on Saturday for Commercial users and 7:00 AM to 1:00 PM on Saturday for
residential users,excluding the holidays noted in MCI's existing Icase with the City of Salem.The
residential drop off facility shall be open to the public during all operating hours.
3. The Facility shall accept a maximum annual tonnage of 124,800 tonstyear of Municipal Solid
Waste(MSW),Commercial Solid Wastes(CSW)and Construction Demolition Debris(C&D),with
a daily average of 400 tonstday and a maximum of 500 tons/day.The maximum number of vehicles
entering the transfer station facility (not including residential vehicles access to the leaf and yard
waste and recyclables drop off facility)on any one given day shall not exceed 115.
4. The Facility Operator shall employ a sufficient number of employees to properly monitor the
operations and conduct load inspections in conformity with the applicable local, state and federal
regulations.
5. The Facility Operator shall maintain a valid 24 hour-7 day per week emergency phone-number
conspicuously displayed at the Facility for emergency conditions during both operating and non-
operating hours,posted in both English and Spanish.
6. The Facility Operator shall conduct daily strut sweeping of all paved surfaces on-the site.
7. The Facility Operator shall conduct routine litter control/policing and street sweeping along
Swampscott Road from the intersection of Highland Ave to First Street, as necessary, and at a
minimum semi-monthly.
s. The Facility Operator shall develop and provide the Salem Board of Health an Operations and
Maintenance (0&M) Manual for the Facility prior to commencement of operations that
incorporates all of the Site Assignment conditions and is in accordance with the applicable local,
state and federal requirements.
Page 1 of 6
9. The Facility Operator shall develop and provide the Salem Board of health an Emergency
Response Plan prior to commencement of operations that addresses the following emergencies and
describes the response actions to be taken in each situation:
a. Fire protection
b. Loss of electricity
c. Equipment failure
d. Reportable releases per the Massachusetts Contingency Pian(2113 Regulations)
e. Vehicular accidents related to access into and/or egress from the Facility
10. The Facility shall notify the Salem Board of Health and the Department of Environmental
Protection of any emergency event within 24 hours of the event and provide a follow-up written
report within 14 calendar days of the event.
11. The Facility shall include high speed transfer doors which shall be closed at all times except when
transfer vehicles are entering or exiting the building.
12. The visual,physical and structural condition of the Facility and grounds shall be maintained in good
condition at all times.The Facility Operator shall submit a landscaping plan to the Salem Board of
Health for review and approval and shall complete the landscaping plantings prior to facility startup
13. The Facility Operator shall be required to promptly repair any significant building damage that
compromises the performance or ability of the Facility to contain fugitive dust,noise or odors and
provide a Mow-up written report within 14 calendar days of the event.
14. The Facility Operator shall post Anti-Idling signs and periodically monitor and control the idling
times of all diesel vehicles entering,exiting,or queuing:on site at any time in conformance with the
applicable local,state or federal regulations,specifically 310 CMR 7.11.
15. Except for the occasional one business day storage of one C&D Debris covered container, and the
leaf yard waste and recyclables drop off facility, no waste may be handled or stored outside the
enclosed receiving Facility.
16. Vehicular traffic entering or exiting the Facility shall be controlled to prevent the queuing of
vehicles beyond,or outside the"fence line"of the Facility. Vehicles will not be allowed to queue
on any City streets,including Swampscott Road.
17. On-site vehicles owned, operated and otherwise controlled by the Facility Operator, which may
include but not be limited to, rolling on-site equipment, shall be retrofitted with after-market
emission control kits that will further reduce vehicle emissions. Any new vehicles acquired for use
at the site will be equipped with emissions controls that meet all current state and federal emissions
requirements.
18. Transfer trucks owned, operated and otherwise controlled by the Facility Operator, which may
include but not be limited to the trucks transferring consolidated waste materials off site, shall be
retrofitted with after-market emission control kits that will further reduce vehicle emissions. Any
new vehicles acquired for use at the site will be equipped with emissions controls that meet all
current state and federal emissions requirements.
19. All on-road vehicles,packers and dump trailers shall use only ultra low sulfur diesel fuel.
Page 2 of 6
20. The Facility Operator shall post signs stating that the Salem Board of health prohibits the use of
engine compression brakes by any trucks utilizing the Facility within one mile of the Facility. If
repeated violations are brought to the attention of the Facility Operator by the City, such violators
will be prohibited by Facility Operator from future use of the Facility.
21. Any stone water controls, permits or pollution prevention plans at the Facility shall be in strict
conformity with local,state and federal storm water requirements.
22. The Facility shall maintain a minimum of three spill containment kits on site at all times to contain
any spill of fuels,oils or hydraulic fluids from a vehicle whether inside or outside the Facility
23. The Facility shall fund an independent qualified consultant selected and managed by the Salem
Board of Health to commence a noise evaluation within 180 days of startup of the Facility. The
noise evaluation study must be submitted to the Salem Board of Health within 240 days of startup
of the Facility. The noise evaluation shall demonstrate that increased noise levels at up to three
sensitive receptors are at or below a 5 dBA increase above background levels. If dBA levels exceed
a 5 dBA increase,the Facility shall install noise attenuation features to reduce the increase to below
a 5 dBA increase within 330 days of startup of the Facility.
The study shall include baseline and noise monitoring measurements at up to three locations,closest
to sensitive receptors. Every attempt should be made to conduct the updated baseline and source
compliance testing within as close a period of time as practicable. 'These nearest residential
receptors would include Locations E,F, G,and/or H used in the original sound study conducted in
2008. Sound testing will be I-hour in duration at each location. The sound level metric used for the
comparison will be the L90 as defined in the MA DEP Noise Policy 90-001. If the testing shows
that background sound levels are lower than those in the 2008 study, then compliance will be
deemed to be achieved if the"Project-only„sound levels are no higher than those modeled in Table
5 of the March 21,2008 sound study report as long the Noise Policy is still achieved. The cost for
such study shall not exceed$7,500.
24. All free draining liquids within the Facility shall be collected and stored within an on site water
"tight tank", which is to be permitted through the Salem Board of Health and approved by the
Massachusetts Department of Environmental Protection.
25. Prior to commencement of operations, the Facility must contract with a Massachusetts licensed
professional pest control management firm and provide the Salem Board of Health with a copy of
the executed contract The contracted services shall include,but not be limited to, inspecting the
site for vermin such as birds,rats,and insects on a semi-monthly basis,(24 times per year)and the
findings presented in a written report, which shall be forwarded to the Salem Board of Health,
Appropriate and timely mitigation measures shall be undertaken in the event vermin are identified
at the Facility.
26. The Facility shall have an air handling system capable of handling general air exchanges within the
Facility, as required by the Massachusetts Building Code for ventilation and for control of odors
generated within the Facility. The system shall have the capability of being operated at less than
full capacity, as may be required, in the event that odors become an issue during non-working
hours. The air handling system shall be capable of creating a negative pressure within the enclosed
building during periods of operation. Negative pressure will be considered to be adequate when the
Page 3 of 6
air handling systems are functioning normally during operational hours. The Salem Board of
Health shall be notified within 48 hours of any system malfunction. The Facility operator shall
notify the Board in writing if the misting system ventilation system or any tipping floor door is out
of service for more than 24 hours. Such notice shall be delivered to the Board the same day as such
event and shall include the reason for the equipment being out of service,the repairs required and
the expected time to put the equipment back in service. In such event, the Facility Operator shall
promptly place such equipment back into service and at a minimum comply with the following
additional conditions:
Doors: The Facility Operator shall keep out of service doors closed until repaired;
Ventilation System:T'he Facility Operator shall increase the flow through the misting system during
periods when the ventilation system is out of service. The Facility Operator shall put the ventilation
system back in service within 36 hours of the notice to the Board. If the ventilation system is not.put
back in service within 36 hours all incoming waste shall be suspended until the ventilation system is
back in service.
Misting System: The Facility Operator shall use other methods of watering down the waste such as
hand held hoses when the misting system is out of service. The Facility Operator shall put the
misting system back in service within 36 hours of the notice to the Board. If the misting system is
not put back in service within 36 hours all incoming waste shall be suspended until the misting
system is back in service.
27. The Facility air handling system(s) shall be operated in such a manner as to render the Facility in
conformity with all applicable local,state and federal requirements.
28. The Facility shall employ odor neutralizing agents in the misting system to effectively neutralize
any odors exiting the building..
29. The Facility shall fund an independent qualified consultant selected and managed by the Salem
Board of Health to submit a protocol for emission testing of the proposed stack to the Salem Board
of Health within 120 days of Facility start up to measure emissions of fine (PM15) and coarse
(PMro)particulate matter using USEPA approved methods.The actual stack emission test shall be
conducted by the independent qualified consultant not later than 180 days atter Facility start up. A
written report of the emissions testing results shall be submitted by independent qualified consultant
to the Board not later than 210 days after the Facility start up. If the report does not demonstrate
that the actual stack emissions ¢b/hr)multiplied by the maximum hours of operation are not less
than one ton per year, then within 30 days apply to the MassDEP for an Air Plan Approval,
including a Best Available Control Technology (BACT) analysis and air dispersion modeling to
demonstrate compliance with all applicable air quality standards. The application and Air Plan
Approval shall be copied to the Salem Board of Health. The study shall include stack emissions
testing during active transfer station operations with the ventilation system in normal operation.The
cost for such stack testing shall not exceed$7,500.
30. Any waste materials delivered to the Facility and tipped on the receiving aoor of the Facility that are
hazardous in nature shall be removed from the waste mass and stored in a secure container designed
to handle such hazardous materials. The containers for hazardous materials shall be stored within
the secure enclosure of the Facility.
Page 4 of 6
l
31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas,tarpaulin
or other equivalent method to prevent waste from blowing or falling off the vehicles.. All empty
departing vehicles that delivered waste to the Facility must not allow residual waste materials from
becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed
containers.
32. The exterior of all waste vehicles,whether delivering or transporting waste from the Facility,shall
be kept clean and free of litter and debris.
33. The truck route for all(100°10)of the consolidated waste materials leaving the Facility shall exit out
onto Swampscott Road utilizing the southernmost facility exit. No Facility Operator
controlled/owned vehicles shall use First Street, unless collecting curbside trash and recyclable
items.
34. Closing documents for the Residential property at One DiPietra Avenue, demonstrating that the
Facility Operator has purchased and recorded said purchase at the registry of deeds shall be
submitted to the Board prior to Facility start up. The deed shall note that for as long as the transfer
station is in existence and operational that the property shall never be used as an occupied
residential dwelling, a licensed day care center, prim, health care facility, elementary school,
middle school or highschool, children's preschool, or senior center or youth center, excluding
equipment storage or maintenance structures.
35. An authorized representative of the City of Salem Board of Health shall have the right to perform
unscheduled inspections of the Facility during operating hours or at any other time deemed
appropriate by the Salem Board of Health for the purposes of confirming compliance with the final
approved conditions.
36. All correspondence submitted to the MassDEP shall be copied to the Salem Board of Health,
including but not limited to:reports,correspondence,records,notices,contracts,agreements,permit
modifications,and change in operators/ownership
37. The Facility Operator shall provide an independent assessment of the traffic generation trips within
six months of the Facility being fully operational. The independent monitoring program shall count
the site generated traffic for at least three days for comparison with the projections discussed at the
November 24, 2009 continuance of the public hearing. If the operation rates are higher than
projected, the independent assessment shalt provide an assessment of the traffic impacts and
recommend additional mitigation measures to the Salem BOIL
38. Traffic improvements recommended on Pages 28-30 of the December 2007 Traffic Impact and
Assessment Study by Vanasse & Associates Inc. is herein incorporated as a condition of this site
assignment. These conditions generally include: a.)traffic signal retiming and lane use re-striping;
b.) re-timing of the study area slgnalized intersections as an improvement measure to optimize
traffic signal operations; c.) pavement marking modifications at the intersection of Swampscott
Road and Highland Ave; d) other operational improvements that may be warranted. The Salem
Board of health recognizes that these improvements are subject to the approval of the
Massachusetts DOT. All correspondence with MDOT regarding these improvements shall be
submitted to the Salem Board of Health.
Page 5 of 6
, a eulu atairn "r LH§LKJLI rF{X
_ P. l
39. The Fooility Operator shall pay the actual a Manisa up to$20+000 Per year(4usted annually on the
srmlvassly of this agreem ot, by the Brockton Boston Nastus CPI-U) Into a revolving fund
controlled by the.Board to, hire a quaMed cavlronmemai scicntist'or engineer to inspect the
construction and operations'at the facility, to review the records of operation and to evaluate
compliance with local state and fedora]laws and regulations and with the terms and conditions of
all environmemai permits inclusive of this site assignment. Tho scleatist or atgineer nay take
messurcmorns of ambient air at tho property lira for the purpose of dcternining compliance with
the allowable ambleat levels to particulate matin known as PMxs stud PMte, noise levels at
sensitive reoeptors, traffic counts or other messmcments as deema appmpuft The sty will
provide the Facility Operator with copies of in results of'such inspections and m easuccmetds within
tar(10)barite days of receipt.
Q The Facility Operator ahali study the First Street and Swampscott Road into on to dOwnine if
a traffic signal is warranted.TIM study shall also examine the lights at Traders Way and Mgmem
Ave.The Facility Operator shall fund an lndgmtad qualifled consultant solewed and managed by
the Salem Board of Haft to peer review the study.If the traffic aignai is warranted at rho Pim
Stttd ad Swampscott Road thea to Facility Operator shall design,and permit On now 4puds and
also fund up to$200M to oonsuuetthe new signals
41, The oundidons of dtis permit aro binding ondx Facility Operator,and any of its h*s,successors,
04as,agents or employees.
42. Tux Facility Opastor Shall comply with the United States Depar6mert of l7anspartatlon
raluiremems•gova»ing screening of truck drivers and check the driving records and perform
WHIM drag testingtot the Facility Operators waste haulers,
•43. Northside Carting will provide a drop off container for redeemable bottles and cans at the transfer.
station. Northaide Cuing_will redeem them and oil funds generated will be donated to to Salam
Public Schools on a monthly basis.
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