2010 TRANSFER STATION LAWSUITLAW OFFICE OF CARL D. GOODMAN
152 Lynnway — Suite I
LYNN, MASSACHUSETTS 01902
781-593-2016 — 781-639-8100
781-592-1129 facsimile
Carl D. Goodman
carl@at"good?nan.com
July 1, 2010
Jerald A. Parisella, Esquire
One School Street
Beverly, MA 01915
Elizabeth Rennard, Esq.
City Hall
93 Washington Street
Salem, MA 01970
Coreen Sullivan
csultivan@attomeygoodman.com
RE: Theophilopoulos et al v. The Board of Health of the City of Salem
Civil Action No. 2010-00574-A
Dear Attorneys Rennard and Parisella:
Enclosed please find Motion to Amend Complaint and copy of the proposed Second
Amended Complaint. Also enclosed please find copy of the motion set up for your
assent.
There are no substantive changes from the current Amended Complaint. The only
changes reflect that the Amended Complaint did not properly reference the exhibits and
deleted three plaintiffs when only two were intended to be deleted.
Kindly forward either your signed assented copy of the motion or any opposition within
the time permitted by Rule 9A.
Thank you for your anticipated courtesy and cooperation.
Very ly y
CARL D. GOODMAN
CDG:hbs
Enclosures
ti
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-0574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., NORTHEAST ANIMAL SHELTER, INC.,
AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
ASSENTED -TO
MOTION TO AMEND
COMPLAINT
Plaintiffs move that this Honorable Court allow them to amend their First Amended
Complaint by filing a Second Amended Complaint, a copy of which is filed herewith.
As reasons therefore, Plaintiffs state that the First Amended Complaint failed to correctly
reference various exhibits and omitted a Plaintiff.
WHEREFORE, Plaintiffs pray they be allowed to file and serve a Second Amended
Complaint.
Lew OMMOf
Cad D. Goodman
152 Lyvowry
Lyon, MA
01902
781-595-2016
Dated: June 30, 2010
Respectfully submitted,
The Plaintiffs
By their attorney:
CARL D. GOODMAN
Goodman Law Offices
152 Lynnway, Suite 1 E
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carlQ tta omeygoodman.com
ASSENTED TO BY: THE BOARD OF HEALTH OF
THE CITY OF BEVERLY,
DEFENDANT
By its attorney:
JERALD A. PARISELLA
ASSISTANT CITY SOLICITOR
One School Street
Beverly, MA 01915
Tel: (978) 921-1990
BBO No. 636416
Lew Off..f
Ced D. Good a
152 Lyevwey
Ly MA
01902
781-593-2016
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-0574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., NORTHEAST ANIMAL SHELTER INC.,
AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
MOTION TO AMEND
COMPLAINT
Plaintiffs move that this Honorable Court allow them to amend their First Amended
Complaint by filing a Second Amended Complaint, a copy of which is filed herewith.
As reasons therefore, Plaintiffs state that the First Amended Complaint failed to correctly
reference various exhibits and omitted a Plaintiff.
WHEREFORE, Plaintiffs pray they be allowed to file and serve a Second Amended
Complaint.
L Domer
Cml D. Goodin
153 Lym ay
Ly MA
01902
'84593-3016
Z) R
Dated: June 30, 2010
Respectfully submitted,
The Plaintiffs
By their attorney_
Goodman Law Offices
152 Lynnway, Suite 1 E
Lynn, MA 01902
Tel: (781).593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carlCakttornevQoodman.com
Certificate of Service
I certify that true copies of the within Motion along with a true copy of the proposed Second
Amended Complaint were served on the defendant by causing the same to be delivered this day to
the office of -
Jerald A. Parisella, Esquire
One School Street
Beverly, MA 01915
Elizabeth Rennard, Esq.
City Hall
93 Washington Street
Salem, MA 01970
Dated: July 1, 2010
Law oBi. d
Cad A GODd a
152 Ly y
LM MA
01902
781-593-2016
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-00574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., NORTHEAST ANIMAL SHELTER, INC.,
AND ONE WAY LUMBER CORP.,
12101210100
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
INTRODUCTION
W • ►la
:u Fa►11 c
OU1 VI
This is an appeal pursuant to G.L. Chapter 30A Section 14 from an agency decision
rendered by the City of Salem Board of Health granting a `Minor modification" to a Site
Assignment for the City of Salem Transfer Station located at 12 Swampscott Road in Salem,
Massachusetts.
The plaintiffs, collectively, are a group of residents, businesses, and taxpayers who seek a
vacating the decision of the Board of Health as arbitrary, capricious, and in excess of its
Lew Ot i.,.f
Cad D. Goodin
152 Ly y
Ly I
01902
781-593-2016
authority, and contrary to the requirements of G.L. Chapter 111 Section 150A and 150A '/2 and
Regulations appearing at 310 CMR 16:00 et seq.
PARTIES & CLAIM
1. The plaintiffs:
Arthur Theophilopoulos of 24 Valley Street, Salem, Massachusetts,
James T. Rush of 17 Madeline Avenue, Salem, Massachusetts,
Bruce Glinski of 33 Cavendish Circle, Salem, Massachusetts,
Matthew Civiello of 3 Savona Street, Salem, Massachusetts,
Mary Civiello of 3 Savona Street, Salem, Massachusetts,
Todd Siegel of 26 Brittania Circle, Salem, Massachusetts,
Scott Morgan of 7 Savona Street, Salem, Massachusetts,
Terri Morgan of 7 Savona Street, Salem, Massachusetts,
Anthony Jermyn of 50 Ravenna Avenue, Salem, Massachusetts,
Deborah Gallo of 54 Valley Street, Salem, Massachusetts, and
Alan Samiljan of 51 Cavendish Circle, Unit C, Salem, Massachusetts,
are individuals, residents and taxpayers in the City of Salem.
2. The plaintiff, Young World Academy, Inc. ("Young World Academy") is a corporation duly
organized under the laws of the Commonwealth of Massachusetts having its principal office at 3
Green Ledge Street, Salem, Essex County, Massachusetts.
3. The plaintiff, Anarpet Realty, Inc. ("Anarpet Realty"), is a corporation duly organized under
the laws of the Commonwealth of Massachusetts having its principal office at 3 Green Ledge Street,
Salem, Essex County, Massachusetts, and owns the real property known as and numbered 3 Green
Ledge Street, Salem, Massachusetts.
4. The plaintiff, Thomas L. McAuliffe, is the Trustee of the Hutchinson Realty Trust
("Hutchinson Realty"), having its principal office at 333 Highland Avenue, Salem, Essex County,
Massachusetts.
5. The plaintiff, Bruce Glinsky, is a Trustee of the Green Dolphin Village Condominium Trust,
located at the intersections of Swampscott Road, First Street, and Whaler's Lane, Salem,
Massachusetts and is authorized by a majority of the trustees to appeal the Decision of the Salem
Board of Health hereinafter referenced.
Lew Offiw of
Cat D. O.Wd
152 Ly Ay
Lym M
01902
781-593-2016
Lew Offiw of
Cul D. Goodman
152 Ly y
Lyng M
01902
]H1-593-2016
6. The plaintiff, Roger and Julio, Inc. is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 376 Highland Avenue, Salem, Essex
County, Massachusetts.
7. The plaintiff, New Tri -City Realty Corp., is a corporation duly organized under the laws of
the Commonwealth of Massachusetts having its principal office at 262 Highland Avenue, Salem,
Essex County, Massachusetts.
8. The plaintiff, Northeast Animal Shelter, Inc., is a corporation duly organized under the laws
of the Commonwealth of Massachusetts having its principal office at 247 Highland Avenue, Salem,
Essex County, Massachusetts.
9. The plaintiff, One Way Lumber, Inc., is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 297 Highland Avenue, Salem, Essex
County, Massachusetts.
10. The plaintiff, Alan Samiljan, prior to the commencement of the hearings hereinafter
mentioned, filed a Petition to Intervene & Registration of Abutter. The Petition was not ruled on by
the Hearing Officer, hereinafter named, until after the public hearings had been closed at which time
the Hearing Officer allowed the Petition to the extent that said plaintiff was granted Participant
status but denied abutter and Intervenor status.
11. Plaintiff, Young World Academy, owns and operates a children's day care center and
preschool at 3 Green Ledge Street, Salem, Massachusetts. The center is located approximately 500
to 600 feet from the proposed transfer station property, owned by the City of Salem located at 12
Swampscott Road.
12. Plaintiff, Hutchinson Realty, is the owner of the premises known as and numbered 331-333
Highland Avenue, Salem, Massachusetts which premises directly abut the land owned by the City
of Salem located at 12 Swampscott Road, and on which premises there is located a health care
facility.
13. All of the Plaintiffs are aggrieved persons within the meaning of G.L. Chapter 111, § 150A.
14. The defendant, Board of Health of the City of Salem (the "Salem Board of Health" or the
"Board of Health'), is a municipal department of the City of Salem, Massachusetts having its principal
office at 120 Washington Street, Salem, Massachusetts.
15. Pursuant to a Notice of Public Hearing, the Board of Health commenced public hearings (the
"Hearings") on the Application (the "Application") for Minor Modification to a Site Assignment for
the Salem Transfer Station filed on behalf of Northside Carting, Inc. and the City of Salem
(individually and/or collectively "Northside Carting", the "City", or the "Applicant" or
"Applicants," all as the context permits) relating to the City of Salem's existing transfer station at
12 Swampscott Road in Salem.
16. The Application requested modification of the existing Site Assignment to allow, inter alfa,
for the demolition of the existing structures now located on the premises and the construction of a
new transfer station and to increase the permitted daily tonnage of solid waste handled at the site
from the current permitted maximum of 100 tons per day to an average of 400 tons per day with a
daily maximum of 500 tons. The Application stated that the waste will consist of construction and
demolition debris, municipal solid waste and commercial solid waste.
17. The existing facility is subject to a Permit By Rule as described in a letter from the
Massachusetts Department of Environmental Protection dated June 3, 1994, a true copy of which is
attached hereto and marked Exhibit "A."
18. The existing facility is permitted for processing up to 100 tons per day of refuse according to
correspondence from the Massachusetts Department of Environmental Protection dated September
9, 1976, a true copy of which is attached hereto and marked Exhibit "B."
19. Based upon reports filed by Northside Carting, Inc. with the Massachusetts Department of
Environmental Protection, the facility processed:
22,734 tons of solid waste over 312 days for an average of 72.8 tons per day in 2004;
23,079 tons of solid waste over 312 days for an average of 73.9 tons per day in 2005;
16,125 tons of solid waste over 312 days for an average of 51.6 tons per day in 2006;
7,930 tons of solid waste over 312 days for an average of 25.4 tons per day in 2007; and
6,821 tons of solid waste over 312 days for an average of 21.8 tons per day in 2008, the
last full year prior to the subject hearings.
20. The Hearings were conducted over the course of two public meetings on November 10,
2009 and November 24, 2009 ostensibly pursuant to G.L. Chapter 111 § 150A and the Public
Hearing Rules set forth at 310 CMR 16.20 et seq.
21. The Hearings were conducted by Kenneth F. Whittaker, Ph.D. as a hearing officer
designated by the Board of Health pursuant to the provisions of 310 CMR 16.20(3).
22. At the commencement of the public hearings on November 10, 2009, the Chairperson of the
Board of Health announced that the Board of Health would not consider challenges to whether or
not the Application was properly one for a "minor modification" and that any such challenges
should be directed to the Massachusetts Department of Environmental Protection ("D.E.P. "). The
Hearing Officer thereafter ruled that any such challenge was not before the Board of Health.
L. 016. of
Csd O. Goodman
152 Lyovwry
Ly M
01902
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Z 3. During the course of the public hearings, the Board of Health and the Hearing Officer
glowed the proponents to use, refer to, and submit documents without the same having been
authenticated and without any foundation having been laid.
24. During the course of the hearings, the Board of Health did not receive any swom testimony
from Northside Carting and its affiliates and the Hearing Officer ruled that any questions to be
posed to the proponents and their witnesses were to be posed to the Hearing Officer who would then
pose questions to the witness.
25. The Hearing Officer allowed the proponents and their witnesses to speak and offer the
unsworn statements without any time limitation.
26. When the Hearing Officer allowed members of the public to speak, the Hearing Officer
ruled that all presentations were limited to approximately two (2) minutes. With very few
exceptions, the two minute rule was enforced and cross examination was not allowed, even as to
elected public officials who sought to speak and query the applicants and their witnesses.
27. Most questions were not permitted to be asked directly of the proponents or their witnesses
and as to questions that were posed through the Hearing Officer, the Hearing Officer rephrased
questions and allowed the proponents' own experts' responses to be interrupted and completed by
other representatives of the Applicants.
28. At the close of the second hearing on November 24, 2010, the Board of Health ruled that the
public hearing portion of the proceeding was closed except that it would accept further written
comments for a period of two (2) weeks.
29. Subsequent to the close of the public hearings, the Hearing Officer wrongfully denied the
Petition of Alan Samiljan to register as an abutter and Intervener. The Board met on December 15,
2009 to conduct its deliberations at which time it voted to approve the Application. During the
public deliberation session the Board of Health engaged in substantive discussions with the co -
Applicant, Northside Carting, but did not permit other interested parties or members of the public to
participate. Despite the vote to approve the Application, the Board continued the matter for further
consideration of "conditions" to be imposed on the modified Site Assignment.
30. Ultimately the Board adopted conditions and published notice (the "Notice of Decision") of
its decision in The Salem News on February 16, 2010. A true copy of the Decision (entitled
"Conditions of Approval") is attached hereto and marked Exhibit "C."
31. The published Notice of Decision did not conform to the requirements of 310 CMR
16.20(13)(c).
Law Off= of
W D. aoW.
152 Lyaaway
Lyon,M
01902
791-593-2016
32. Either the Decision was not rendered within 45 days of the initial date of the public hearing
Dr the Notice of Decision was not published within the time required by 310 CMR 16.20(10)(k)(1).
33. The Decision fails, on its face, to satisfy the requirements of the regulations relative thereto.
34. The Decision does not comply with the requirements of 310 CMR 16.20(10)(k)(4) as it
contains no determinations of fact as to site suitability criteria.
35. The Decision in fact authorizes a major modification of the Site Assignment in violation of
310 CMR 16.22(2).
36. The Decision authorizes a modification to a Site Assignment despite the existence of an
occupied residential dwelling and a health care facility within 500 feet of waste handling areas in
violation of 310 CMR 16.40 (3)(d)5.b.
37. The Decision authorizes a modification to a Site Assignment despite traffic impacts from the
facility operation constituting a danger to the public health, safety, and environment due to traffic
congestion, pedestrian and vehicular safety, road configurations, alternate routes, and vehicle
emissions. The reports furnished by the Applicants contain unsubstantiated facts. Further, the
Certificate of the Secretary of Energy and Environmental Affairs on the Environmental Notification
Form filed by or on behalf of the Applicants determined that the project did not require the
preparation of an Environmental Impact Report (EIR) in part because the "proponents have
committed to the following measures to avoid and minimize air quality impacts associated with
diesel emissions ... Limiting hours of operation during commuting hours to reduce emissions
during peak non -transfer station traffic..." However, the Board of Health did not impose any
condition limiting the hours of operation to reduce emissions during peak traffic hours.
38. The Decision was based upon unsubstantiated traffic projections that were based upon false
existing conditions and data supplied by the Applicants.
39. The decision is also based upon unsubstantiated air quality and noise reports that failed to
take into account critical factors indicating the likelihood of excess noise, odors, and air pollution,
and the reports were based upon speculation and unsound assumptions.
40. The Board failed to address the existing violations of the Salem Zoning Ordinance and the
violations that will exist as a result of the demolition, rebuilding and expansion of the structures as
proposed by the Applicants.
41. The Board failed to address the setback requirements for the proposed structures.
42. Despite undisputed evidence that the City of Salem is overburdened by various facilities, the
Board of Health failed to address the issue of environmental justice.
Lew Of6m of
C D. Goodin
152 Ly.My
Ly M
01902
981-593-2016
43. The hearings before the Board of Health were otherwise contrary to the Public Hearing
Rules appearing at 310 CMR 16.20 et seq.
44. The proceedings by the Board of Health were contrary to the applicable statutes, rules and
regulations; and the Decision is in excess of the statutory authority or jurisdiction of the Board of
Health, is based upon an error of law, made upon unlawful procedure, unsupported by substantial
evidence, and arbitrary or capricious, an abuse of discretion, and otherwise not in accordance with
law.
45. The conduct of the public hearings deprived the public, including the plaintiffs, from any
meaningful participation and thereby deprived the plaintiffs of due process of law.
The Board of Health rendered its Decision based upon political considerations and abrogated its
duty to preserve and protect the public health.
WHEREFORE, the plaintiffs pray that this Honorable Court:
1. Vacate the Decision of the Salem Board of Health voted on December 15, 2009 and subject
to conditions thereafter attached as being contrary to the requirements and provisions of G.L.
Chapter 111, §151A, the Public Hearing Rules appearing at 310 CMR 16.20, and the Site Criteria
set forth at 310 CMR 16.40 et seq., and other applicable law.
2. Award plaintiffs' costs of suit.
3. Such other and further relief as the Court deems just.
Respectfully
The Plaintiffs
By th ' ttton
Dated: June 30, 2010
Goodman Law Offices
152 Lynnway, Suite IE
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carl@attorneygoodman.com
L. OIG"of
W D. Goodin
152 Lym y
Lyon, MA
01902
281-593-2016
A
A
WMIRM F. Weed
s�.�8ye
Thomas e. Powen
AC"CDe.eardw
C°nunornvealth of Nlassoctwsetts Fan,
Office of EnWonmental Affairspartment ofEnvirontnental Protection
Metro BodwMa cd Remi Office
City of Salem, DPW
One Salem Green
Salem, 1421 01970
Attention: Charles -p. Quigley.
Dear Mr. Quigley:
The•.
N 0 319$¢.
-1111 6 1994
CITY OF &ALM
HEALTH DEPT.
RE: &u2 M. - Solid Waste
Transfer. Station
Permit by Rule
Transmittai No.: 79384
Permit NO.: NM -TS -038
Facility ID No.: TR0258.004
Metropolitan .-Boston/Northeast Region, Department of
Environmental Protection, Division of Solid Waste Management, ("the
Department") has receive& ybur-Application BWP SW 34 Permit
For.•, the existing City of Salem Transfer Station, :Iota Rule
t
Swampscott Road in. Salem,.. Massachusetts. on January 21, tate the
Department issued a technical deficiency letter relative 4t the
City of Salea s - application, because the City had atenot provided
proof that.
hat the transfer station had been site assignment.
On April 25, 1994s the Department received copies. of minutes
from a Board of Health. meeting.req�in
9; 1960) for a incinerator on, g the site assigmeent (June
sentampscott Road. This material was
by_.Toanne.Scott, Health Agent for Salem.
The City of Salem Transfer Station has been previously
approved P d Y Deparit on. September 9, ..
975 been pre o to
100 tonsrefuse.The facile
receive any Special .Waste. facility
has not been approved to
The .Department has determined that the Perait by Rule
Application fulfills the conditi ..Of -`310 CMR 19.023 (3J and that
Ofe310 CMR€19.2 0 etlen csegty ansferis in Staance Xis the requirements
Standards. - Design and Operations
For the reasons noted above, the Department hereby approves
Your application for a Perm
Transfer it by Rule for the City of Salem
Station subject: to the following conditions:.
1. Periodic examination of the
be transfer station site shall
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 Commeme- Way • Wobw'k tA""Choaetts oleo' • FAX(617)935-6393 0 Te1ephoae (617) 935.2760
City of Salem
Permit by Rule
page 2
or -other nuisances are present, 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 Departments 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 faeilityl.s recycling program,
if any, for the prior year describing the rates of
recycling achieved, a
and a breakdown by material type,
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 problen(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 19.0001
in particular 310 .CMR 19.007 through 19.01, (rights of
the Department, submittals, records, monitoringand
supervision), 19..043 19.443 ("Conditions for Permitand
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
Permit by Rule
page 3
be made by phone instead within two (2) hours. Such
notification by phone shall be followed up by ursoa-ceSuch
letter within 24 hours. This notice (fied
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
vehicle involved. the
Pursuant.tb M,G.L.c._111,
section. 150A and 310 CMR 19.023, the
approval for this facility issued September 9, 1975) to C.B.
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.
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 32-0 CHR .19.037 4 , by submitting a
written statement of the basis on which (.)(a)
ggr°. , together with an su the Ci believes it is
a ieved e y pporting materials.
film of such a r Geon timely
g egnest, the decision shall be deemed- a
afters the pB ecision with -an effective date twenty-one (21) days
Partment 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 ricjht.provided in.this section shall
constitute a waiver -of the Cityes right to appeal. ..
Auueal• 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. than
standing 111 's. 150A, and M.G.L. c. 30A, not later
Thirrty.(30) days following the receipt of the final permit.
of .a person to file an appeal and the procedures for
filing such. appeal shall be governed by the provisions of men fo
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 de
effective. cision shall remain
City of Salem
Permit by Rule
page 4
the
Notice f ofAction.ion. Any aggrieved person intending to appeal
9rrn 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 point 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 he 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
(617) 935-2160. the letterhead address or at
S,LnCere.�O^�
/iRRoobbert Tanze3l r
Environmental Engineer
TDM/RT/pdb
cc:DEP/DSWM/Boston - Attn: Phil
DEP/NERD - Attn: Kevin Mahoney
Salem Board of Health
Thomas D. Nabin
Chief, Solid Waste Section
Bureau of Waste prevention
Weinberg, Acting Director
Richard Lis, Assistant City Engineer
SW\SALEM.PBR
C
i
4
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UPIT
...._ .'Ae,..EY
Conditions of Approval
Forthe
Minor Modification to the Site Assignment
BY
The Salem Board of Health
Based on all of the evidence given at apuublic conducted ^
hearing pursuant to the Massachusetts Site � J
Assignment Regulations for Solid Waft Facilities (3 10 CMR 16.00), the Bow of Health finds that the
proposed minor modification to the existing site assigommt of the fitdlity located at 12 Swampscott Road
;will not constitute a danger to public heft safety or the environment and hereby approves such minor
Modnfication subject to the following conditions. These Conditions.sball 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.
1. Wid, the exception of fine residential dropoff mea, the Facility shall be completely enclosed with
an trand'er 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 Alva an Saturday for Commercial users and 7:00 AM to 100 PM on Saturday for
residential oroexcluding the holidays noted in NCPs existing lease with the City of Salem. The
P facility shall be open to the public during all operating looms,
3. Thu Facility shun accept a maximum annual tonnage of 124,800 tons/ mw of Municipal Solid
Waste (MSW), Commercial Solid Wastes (CSW) and Construction Demolition Debris (C&D), with
a daily average of 400 tons/day and a maximum of 50o tous/day. The maximum number of vehicles
enteringthe transfer station facility (not including residential vehicles access to the leaf and yard
waste and recyckNes drop Offfacility) 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 loadinspections in conformity with tine applicable local, state and federal
regulations. -
5. Thu Facility Operator shall maintain a valid 24 hour -7 day per week emergency phone n»mbex
conspicuously disphnyed at the Facn'IUy for emergency g l� operating and non_
operating horns, posted m both English and Spanish.
6 The Facility Operator shall conduct daily street sweeping of all paved surf on&c site.
7. The Facility Operator shall oondact routine litter control onciog and street sweeping along
Swampscott Road from the intersection of 11161and Ave to First Street, as necessary, and at a
minimum semi-monddy.
8. The Facility Operator shall develop and provide the Salem Board of Health an Operations and
Maiatenaaoe (O&M) Manual for the Facility prior to commencement of operations that
incorporates all of. the Site Assignment conditions and is in a000rdanca 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
Response Flan prior to commencement ofoperations that addresses the follo Emergency
describes the response actions to be taken in each situation: w m8 emergencies
and
a. Fire protection
b. Loss of electricity
C. Equipment failure
d. Reportable releases per the Massachusetts Contingency Plan (21E Regulations)
e. Vehicular accidents related to access into and/or egress from the Facility
10. The Facility shall nosy the Sale Boar of Health and the Department of Environmental
Protection of any emergency event within 24 hours ofthe event and provide a follow-up written
report within 14 calendar days ofthe eveat.
11. Tlie Facility shall include high speed transfer.doors which shall be closed at all times except when
transfer vehicles are enterin or exiting the building.
12. condition at hysiall��cal The F d structural ce�dOR of &a Facility and grounds sballbe.M&Iamed in good
Health for review and acift shall submit a landscaping plan to the Salem Board of
approval and shall complete the landscaping plantings prior to facilitystatinp
13. MO Facility Operator shall be required to promptly MW any significant building damage that
oompsomises
llthe PWOMMM or ability of the Facey to Contain fugitive dust, noise or odors and
Mort within 14 calendar days of the event.
M. Ibe lima oFa f� �r� p� Anti -Idling signs and periodically monitor and control the idling
applicable local, l vee r fed *ft exiting, or en site at any time in conformance with the
sole �, tally 310 CMR 7.11.
15. Except for the occasional one business day at=& of one C&D Debris covered contdw,.and the
led yard waste and rocyclables drop off hot ty, nc waste may be handled or stored outside the
repaving Facility.
16. VdncWw traffic entaiog or exiting the Facility shall be farce coutrollad to t the queuing of
vehicles beyond, or outside the"lien" ofthe Fapality. Vdricles will notptevecebe allowed to queue
on 'my City Wce% ineduding� Road.
17. i vehicles ow but not be W�operated and other Aw cnmrolled by the Facility Op�tor, whist may
emission control kits tbat wM f vehicleo & be ret Y&c with S&r
at the sh will be Any nowvr]ucies acquired for use
requirementLgxpdppod with enrissions cwadrohr that mea all current state and federal embsions
18. Transfer trucks owned, operated amt otherwise controlled by the Fater Opp which may
include but not be limited to the tucks transferring, consolidated waste materlals off site, shall be
reho$tted with alba' emission control kits that will further reduce vehicle emissions. Any
new vehicles acquired for use at the site will be equipped with emisdm col truls that meet all
current state and fedecalemissions requirementL
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 makes by any trucks ofliziag the Facility within one mile of the Facility. If
repeated violations arc brought to tiro attention of the Facility Operator by the City, such violators
Will be prohibited by Facility Operator from fume use of the Facility.
21. Any storm water controls, permits or pollution prevention plans at the. Facility shall be in strict
conformity with local, state and federal storm water requirements.
22. The Facility shall'maintain a minimum of three spill containment lits 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 indepeadcut qualified exultantselected and
Board of Health to ce a noise evaluation within 180 Managed by the Salem.
mise evaloafion:sludy must be submitted to the Salem of startup of the Facility, The
Board of Heahh within 240days, of fttW
of the Facility. The noise evaluation shall demote that incr1.
eased noise levels at
IOt
seDddm S dBA receptors are at or below 5 dBA.kc cease above � levels. If 1 �s a coed
increase, the Facility shall install noise attenuation .hat �aes to reduce th d ncrrase to below
a 5 dBA increase within 330 -days of starter ofthe Facility.
The study shall include baseline and noise monitoring measurema is at up to three boadorrs, closest
to sensitive receptors, Every attempt should be made to conduct the updated baseline and source
ODIDA a testing within as close a period of time as practicable. These nearest residential
receptors would include Locations B, F, 0, and/or H used in the original sound study conducted in
2008. Sound testing will be 1 -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 goal. If the testing sbows
that badWotmd sound levels aro lerwer than those in the 20M sally, then comphance will be
deemed to be achieved if the "Proje d-only"sound levels ate no higher than those modeled in Table
5 of the Manch 21, 2008 sound study report as long the NOW Policy is still "eve& The cost for
such study shall not ecceeeed $7,500.
24. All free draining liquids within the Facility shall be collected and stored witbm an on site water
teak", "tight which into be peamitted through the Salem Board of Health and approved by the
Massachusetts Dqmb= ofBaviroamental Protection,
25. Prior to commencement of operations, the Facilityy trust contact with a Massachusetts licensed.
proms Ped Control management tum and provide ft Salem Beard of Heatth with a copy of
the executed contact.. The contracted services shall inchd% but not be limited to, inspecting the
site for vermin such as birds, rats, and insets on.a semi-moafhlY basis, (24 times per year) e�e
findiAP the
presented in a written report, which shell be forwarded to the Salem Board of and d
Appropriate and timely mitigation mexsetres shall be Indettakm in Bre event vermin are identified
at the Facr7rt' y. .
26. The Facility shall have an air handling system capable of handling general air CwhMiSes within the
FAY, as required by the Maw Building Code .for ventilation and for control of odors
generated within the Faciility..The system shall have the capability of being Operated at less than
full , as may he requh`4 in the evert that odors become an issue during non
wozidng
hours Mw.air handling system shall be capable of creating a negative pressuro within the enclosed
bUitIRDg during pods of operation. Negative pressure will be considered to be adequate when the
Page 3 of
air handling systems are functioning normally during operational hou,s. The Salem Board of
Health shall be notified within 48 hours of any system malfunction The Facility operator steal(
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
oval and shall include the reason for the equipment being out of service, the repairs requited 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 3yg: Tie Facility Operator shall increase the flow through the misting system daring
periods when the ventilation system is out of service The Facility Operator shall put the ventilation
systemback in service within 36 hours of the notice to the Board. Ifthe ventilation system isnot.put
back in service within 36 lours all incoming wage shall be suapendod until the ventilation "sterols
back in service.
99bg Sym: The Facility Operator shall use other methods of waging down the waste such as
hand held hoses when the misting system is out of service. The Facility Operator stall put the
misdag system back in service wilbia 36 hours of the notice to the Board. If the misting system is
not pat back in service within 36 )wms all inooming waste shall be suspendeduntil the misting
system is back in service.
27. The 11mlity air.bandling system(s) shall be operated in such a MOM as to render the Facility in
wnEannity with all applicable local, state and federal regairamcirts,
28. The Facility shall employ odor notdraliting agents in the misting system to effeetively neutralize
any odors exiting the building..
29. The Facility shall fund an independent qualified consultant selected and managed by the Salam
Board of Health to submit aixot000l for emission tag ing of the proposed to the Salem Board
of Iieslh within 120 days of Facility start up to measure anidous of foe (FMzs) and coarse
(PMro) pertioulete matter usmg USBPA approved methods. The actaal.stadcemiagm test shall be
condoctod by the independent qualified oonsoltant not hilar then 180 days after Facility startup. A
MMM report oftie moons testing resub"be submitted by int qualified ewnsultant .
to dw Bowd not later thea 210 days afterthe Facility gaitup. If the report does not demonstrate
69 the actual Awk Omissions (bk) mutfgEW by the maximum horns of operation are rot lass
than one ton Per your, then within 30 days apply to rho MUMEp for an Air Flan Approval,
incdudmg a Best Available Control Tedmology (BACT) analysis and air dispemoo modeling to
e compliance with all applicable air quality atandardg..The Wlicadon.and Air Flan
Approval shall be copied to the Salem Board of Hea1tL. The study" include stack zona
testing &a mg active transfer spa M operations will, the ventilation system in nomral operation. The
cost for swh stacktating shall not exceed $ 7,500.
30. Any waste materials delivered to the Facility and tipped on the receiving am of the Facgay that are
be= *= in nature sball be removed from the waste mass and gored in a am container designed
to handle. such hazardous materials. The oontsuers for hazardous mWmi* shall be stored within
60 senna cwlwme of the Facility.
31. All vehicles containing waste that enter or exit the Facility must be covered with a canvas, tarpaulin
or other equivalent method to prevent waste from blowing or falling off the vehicles. All empty
departing vehicles that delivered waste to the Facility must not allow residual waste materials from
becoming a nuisance condition. All potentially odiferous materials shall be delivered in sealed
contains.
32. The exterior of all waste vehicles, whether delivering or transporting waste from the Facility, shall
be kept clean and flee of litter and debris.
33. The truck route for all (1004/e) of the con lidded waste materials leaving the Facility shall exit out
onto Swampscott Road utilizing the southernmost facility exit. No Facility ppm
controlledlowned vehicles shall use First Sheet, unless collecting curbside trash and recyclable
items.
34. Qosing documents for the Reddeatial'property at One Dn'Picho Avenue, deanonstra* that the
Fatality Operator has purchased and recorded said purchase at. &a registry of deeds shall be
submitted to the Board prior to Fatality stat up. The deed shall note that for as long as thctransfer
station is in a dstence and operational that the property shall new be used as an occupied
residential dwelling, a licensed day care center, prison, health care facility, elementary school,
middle school or high .school, chtTd ms preschool, or senior center or youth center,.excludmg
equipment storage or maintenance structures.
35. An authorized representative of the City of Salem Board of Hesith shall have the right to penfo:m
tmschedaled inspections of the Facility during operating hems or at any other time deemed
appropriate by the Salem Board of Heatth for the purposes of cenfimning.complia>nce with the final
approved emtditions.
36. All convVondence submitted to the MassDEp stall be copied to the. Salem Board of Health,
inching but not limited to: repots, correspondence, records, actices, contracts, agreements, perant
modifications, and change in opeaatordownersbip
37. The Facility Operatorahall provide an independent assessment of the traffic generation trips within
six Months of the Fw ty being fully operational. The hidVendent monitoring programslrall ewmt
the site gerierated traffic for at least three days for comparison with the projections discussed at the
November 24, 2009 coutinuanoe of the public heaft if the operation rates are bigher than
in'ojocted, thedependent assagsmew aball provide an assessment of the traffic impacts ad.
rewmmend additional mitigation measures to the Salem BOH.
A Traffic improvenmeatsrecommended on Pages 28-30 of the December 2007 Tmffie imiN d and
Assessment Study by Vanasse & Associates Irm is herein incorporatedas a condition of tins site
assignmeat. These c oWitions generally include: a.) traffic srgoal retimiag and here use rostriping;
b) n4mmg of the study area sized mieraedions as an iminovement measure to optimize
traffic signal operations; Q pavema t merlons modifications at the intersection of Swampscott
Road and Highland Avg d) other operational improvements that may be warranted. The Salcey
Board of health recwgaizes that these improvements are subject to the approval of. the
Massachusetts DOT. All correspondence with MDOT regarding these improvements gall be
submitted to the Salem Hoard of Health.
Page 5 of 6
' - - het ll tutu asarrn HY-l_M�tKJtl hMX
P.l
39. 'TheFatjflty Opaata ftUpay dee etwel UPmsos optD MM Per Year (WJE M=Uyapdm
aonivawry of No agramtM by the Brod*m Bodo Wad= CK -U) loft a nwolft Scud
ooaudW by elf -Board w bice a gaaNiiad � ati wW'or w&= to loped the
ctaeMdm and 6*sdew V die haft, to review do tcwtds of.opaedon =4 to evaluate
complanae vft loud state and techs] laws ad ragdadoos and with dce temp aad otadm= of
a9 mvhPovmW hAishm of this site of 4pment. 'Che $da ft or enginaee incy tales
measm of atobiau :leaf dm P opaty Jive fol the purpose of wish
tba adlawebio aanb W legels to" pariian O mk tx (mown a PMss aad PMae, a** levels at
seoaidve moaplom dadfit on* or odw aaeeaaroasafs as deemed app vpdato. 'Che tky v M
FavidedwFloaft Operatorwide otpws ofan seeable of'saah bq"m and monameft within
tia►(10)bnstness days ofroodPt..
40. 11+e Faeility Opatator aheti study the>gm Street aad Read lo.to detonoome !f
a MM App la vvmvated. M*study shill also mmmint the ligffia at Teach: Way ad Hi&ad
Avo.'Che lbsd� Opataitra>mIIfupd m� gna8tkd ooasaleoadaadauemagadby
tie 3alaa Board of FfeaUh to peer aevdaw the seedy, if the ua6io sigwd is pmtabed at the Flirt
81<aetmd8wanp000uBoadthatlheFad�lshalidatga.affipermitAiaaeaaigaalrmd
dso>timd r�io SZ00,000tt oonatr�tthanew signets
41, 1ht ONdd s offt pamdt ace t on OA Fadlity Opwwr, and aqy ofRsbck4 see mmrs,
. ageaso a �yees. .
42. The Fad*Y OPWGW shalt WM* wide the Udted WIN Depeutmeat of ItorisposUtim
43. NaMde Ca tagvapt peovIde a drop off=Mhaer ftr tcdeemabio botch: od Deas st the trassft.
Ni de Caft,vrM redeem them and aR Aaads.geaemted wilt bo domuod b tto Odom
Pd M*Scha* cuamodidybads. -
M/
L-09-7.010
Papt6of6
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
226 Causeway Street
Boston, MA 02114
\
� � �� Tel: 617-788-7470 V\$6 September 24, 2009
William F Delaney Esq.
Ankeles Bonfanti Vontzalides & Abmeliotis
246 Andover Street, Unit 101
Peabody, MA 01960
Case No.: 09 MISC 412041
Case Name: Helen Twardbwski v. RobinBtein in ember of City of Salem Zoning Board of
Appeals et al
NOTICE OF JUDGE AND TRACK ASSIGNMENT
Please be advised that the above entitled case has been assigned to Hon. Harry
M Grossman, whose Sessions Clerk is John Tobin at 617-788-7418.
2. The case has been assigned to the "F" Track, pursuant to Land Court Standing
Order 1-04. A copy of the presumpt've deadlines applicable to the Average "A"
and the Fast "F" Tracks are enclosed for your information. Please be sure to
serve any and all defendant(s) in this action as soon as possible. Failure to serve
the defendant(s) timely under Mass. R. Civ. P. 40) may result in dismissal.
You are responsible for sending a copy of this notice and the -resumptive
deadlines to the defendant(s).
Very truly yours,
Deborah J. Patterson
Recorder
KU.ANDCOURTFORMS�LC769.DOC TD: 10/6/04 9/'24120099:56 AM loft
l6:36 ��ls"
(,a,6 f Ca�'�u,r1-� ✓��
/�7yy.5RaX -3-7 -7
geCord w4,.5 due 4d4�f, hid
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C-,06d~ i5 5gP)5�d
✓ovid-t i�. Cvon�
. ov 3() fgt5
(?6 we t "ek � k &-4" t ov
4-0 4ov) 41 mt
6w j wta,n aW'eL,� a
LAW OFFICE OF CARL D. GOODMAN
152 Lynnway — Suite I
LwN, MAssAcxusE= 01902
781-593-2016 — 781-639-8100
781-592-1129 facsimile
Carl D. Goodman
carl@att orneygoodman. com
July 13, 2010
Northside Carting, Inc.
210 Holt Road
North Andover, MA 01845
Coreen Sullivan
csulUvan@attorneygvodman.com
RE: ETh oe philopoulos et al v. The Board of Health of the City of Salem
Civil ActioriNo: 2010-00574-A
Gentlemen:
Enclosed please find copy of Second Amended Complaint along with copy of Clerk's
Notice of Allowance otion to Amend Complaint.
Ve" yours„
CDG:hbs
Enclosures
Jerald A. Parisella, Esquire
One School Street
Beverly, MA 01915
Elizabeth Rennard, Esq.
City Hall
93 Washington Street
Salem, MA 01970
Thomas A. Mackie, Esq.
Mackie Shea O'Brien, PC
420 Boylston Street - Suite 504
Boston, MA 02116 (with enclosure)
LAW OFFICE OF CARL D. GOODMAN
152 Lynnway —Suite lE
LYNN, Mmsncxusez-rs 01902
781-593.2016 — 781-039-8100
781-592-1129 facsimile
Carl D. Goodman
carfflattomeygood man. com
July 13, 2010
Clerk's Office - Civil
Essex Superior Court
34 Federal Street
Salem MA 01970
Coreen Sullivan
csuHivan@atiomeygoodman.com
RE: Theophilopoulos et al v. The Board of Health of the City of Salem
Civil Action No. 2010-00574-A
To the Clerk:
Enclosed for filing please find Certificate of Service as to service of Second Amended
Complaint.
CDG:hbs
Enclosure
cc: Jerald A. Parisella, Esq.
Elizabeth Rennard, Esq.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE TRIAL COURT
Civil Action # 2010-0574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., NORTHEAST ANIMAL SHELTER, INC.,
AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
Certificate of Service
as to
Second Amended Complaint
I certify that a true copy of the Plaintiffs' Second Amended Complaint was served on:
The Board of Health of The City of Salem -
By delivering copies IN HAND to Elizabeth Renard, Esq. City Solicitor, and to Jerald A.
Parisella, Esquire, Assistant City Solicitor, on July 1, 2010;
Northside Carting, Inc. -
By this day mailing a copy along with Clerk's Notice of Allowance of the Assented to
Motion to Amend Complaint, to:
Northside Carting, Inc.
210 Holt Road
North Andover, MA 01845
Lew 09'ire of
Cml D. Qaodm
152 Lym y
L�KA
01902
781-593-016
Dated: July 13, 2010
Lew Office of
Oml D. Goodman
152 Lyoowny
Lym; M
01902
781-593-2016
Goodman Law Offices
152 Lynnway, Suite IE
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: cark@attornevgoodman.com
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2010-00574-A
RE: Theophilopoulos et al v The Board of Health of the City of Salem
TO:Carl D Goodman, Esquire
Goodman Law Offices
152 Lynnway, Suite 1 E
.. Lynrt,.MA 01902
TRACKING ORDER - X TRACK
0115 (Administrative Agency Appeal - 30A)
You are hereby notified that this case is on the track referenced above as per Superior Court
Standing Order 1-88. The order requires that the various stages of litigation described below must be
completed not later than the deadlines indicated.
For claims filed pursuant to G.L. c. 30A, sec. 14, G.L. c. 249, sec. 4 or similar statutes, please
_ also refer to Superior Court Standing Order 1-96 and the tracking deadlines set forth in that Order. In
particular, note that a request for a copy of the transcript -of the agency hearing testimony must be
made by a party within thirty (30) days after service of the Complaint. The administrative agency
whoseudicial) j
roceedin s are to be reviewed shall, b way of answer, file the original or certified
P 9 Y
Y
copy of the record of the proceeding under review (the record) within ninety (90) days after service of
the Complaint. In addition, a motion pursuant to Mass. R. Civ. P. 12(c) for judgment on the pleadings
and supporting memorandum shall be served within thirty (30) days of the service of the record or of
the Court's decision on any motion specified in paragraph 3 of Superior Court Standing Order 1-96,
whichever is later.
Service of process made and return filed with the Court by 106/16/2010
case shall be resolved and judgment shall issue by 103/13/2011
03/13/2011.
Counsel for plaintiff must serve this tracking order on defendant before the deadline for
filing return of service.
Dated: 03/23/2010 Thomas H. Driscoll Jr.
Clerk of the Court
Location: CtRm 2 -rear (Salem) t✓',,.y"
Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten)
Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at
j, t 5`t'�'�:=
COMMONWEALTH OF MASSACHUSETTS
ESSEX,SS.
ARTHUR THEOPHILOPOULOS ET ALS,
Plaintiffs
V.
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 2010-0574-A
THE BOARD OF HEALTH OF THE CITY OF SALEM,
Defendant
Jerald A. Parisella, Assistant City Solicitor, City of Salem, Massachusetts, enters his
appearance on behalf of The Board of Health of the City of Salem, Massachusetts.
Respectfully submitted,
The Board of Health of the City
of Salem
By its attorney,
Jerald A. Parisella
Assistant City Solicitor
BBO #636416
One School Street
Beverly, MA 01915
(978)921-1990
(TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: - T MOTOR VEHICLE TORT -
CONTRACT - EQUITABLE RELIEF - TH
G� COMMONWEALTH OF MASSACHUSETTS
ESSEX,ss. / / /0 SUPERIORCOURT
ATTEST: A TRUE COPY CIVILACTION
No. 2010-0574-A
i% ARTHUR THEOPHILOPOULOS ET ALS
CONSTABLE
& DISINTERESTED ... PARTY .....................................................................................................................Plaintifgs)
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o THE BOARD OF HEALTH OF THE CITY OF SALEM
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wy................................................................................................................................................... Defendant(s)'
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sU
s SUMMONS
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To the above named Defendant: The Board of Health of the City of Salem
r o Carl D. Goodman, Esq.
w v You are hereby summoned and required to serve upon
a v plaintiffs attorney, whose address is 152 Lynnway, Suite IE, Lynn, MA 01902 an answer to the
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complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the
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day of service. If you fail to do so, judgment by default will betaken against you for the relief demanded in the
3
m w complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at
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a Salem
om either before service upon plaintiffs attorney or within a reasonable time thereafter.
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TUnless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may
have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's
claim or you will thereafter be barred from making such claim in any other action.
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WITNESS, BA RA J. ROUSE , Esquire, at Salem, the
29 day of M c in the year of our Lord two thousand ten
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NOTES: I-
1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each
defendant, each should be addressed to the particular defendant.
CIVIL ACTION
COVER SHEET
%TevN1J&Peur-o5 wrfjr.
ATTORNEY, FIRM NAME, ADDRESS AND 7.4EPWNE
CARL D,,GooPK
/5.7 J -Y ,1AA0A-9- SV rPiS rF LVAw,KA oi9o�
Scaid or Ser ovremeem mater:
Fla an x In one box only:
1. F01 'Original Complaint
2. F02 Removal to Sup.Ct. C.231,s.104
(Before trial) (F)
El 3. FO3 Retransfer to 6up.Ct. C231,s.102(
Trial Court of Massachusetts m.
Amm
Superior Court DepartmentVE3 M.
County: �SS6x
DEFENDANT(S)
3o9CD of AGAL7-& 0 F -i%e G r`( or: SAL GM
-. ATTORNEY (H grown) '
❑■
IN
4. F04 District Court Appeal 0231; s.91 &104 (After
. trio (X)
5. F05 Reactivated after resoript; relief from
JudgmenUOrder (Mass,R.Civ.R 60) (X)
6.510 Summary Process Appeal ()Q
TYPEOF AC71ON-ANDTRACK DESIGNATION (See reverse side)
TYPE OF ACTION (Specify) TRACK AS THIS AJURY CASE?
No
Tne touowtng Is a tun, itemized and detailed statement -of the facts on w ich pia ntiff rel es ter eterm ne
money.damages. For this form, disregard double, or treble damage claims; indicate single damages only.
TORT CLAIMS
(Attach additional sheets as necessary)
A. Documented medical expenses to date:
1. Total hospital expenses ...................................................
2. Total Doctor expenses ...........................................................$...
3. Total chiropractic expenses ............. ....... ................... . $ ...
4. Total physical therapy expenses ............... ................................ :. . $ ::...... ,
5. Total other expenses (describe) ...................................... .
Subtotal $............
B. .Documented lost wages and compensation to date ..........................................
Documented property damages to date ................................... .......... .
D. Reasonably anticipated future medical and hospital expenses ............................. .. .
E. Reasonably anticipated lost wages ....................................................
F. Other documented items of damages (describe)
G. Brief description of plaintiff's Injury, including nature and extent of Injury (describe)
$r....... ..
TOTAL $..........
CONTRACT CLAIMS
(Attach additional sheets as necessary).
J
Provide a detailed descdption.of clalm(s):
TOTAL $. f,. ....... .
PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR .
COURT DEPARTMENT
.1 hereby certify that 1 have complied Wlth the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules or
Dispute Resolution (SJC Rule 1:18) requiring that t my clients with Information about oourWwnected dispritc
resolution services and discuss_ with ges and disadvantages of.the various methods."
Signature of Attomey.of Record�`— DAT6
:..,.;
AO.S.Q 1.2000.
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2010-00574-A
RE: Theophilopoulos et al v The Board of Health of the City of Salem
TO:Carl D Goodman, Esquire
Goodman Law Offices
152 Lynnway, Suite 1 E
Lynr1.MA 01902
TRACKING ORDER - X TRACK
(Administrative Agency Appeal - 30A) :,
You are hereby notified that this case is on the track referenced above as per Superior Court
Standing Order 1-88. The order requires that the various stages of litigation described below must be
completed not later than the deadlines indicated.
For claims filed pursuant to G.L. c. 30A, sec. 14., G.L. c. 249, sec. 4 or similar statutes, please
also refer to Superior Court Standing Order 1-96 and the tracking deadlines set forth in that Order. In
particular, note that a request for a copy of the transcript of the agency hearing testimony must be
made by a party within thirty (30) days after service of the Complaint. The administrative agency
whose proceedings al!6 to be judicially reviewed shall, by way of answer, file the original or certified
copy of the record of the proceeding under review (the record) within ninety (90) days after service of
the Complaint. In addition, a motion pursuant to Mass. R. Civ. P. 12(c) for judgment on the pleadings
and supporting memorandum shall be served within thirty (30) days of the service of the record or of
the Court's decision on any motion specified in paragraph 3 of Superior Court Standing Order 1-96,
whichever is later.
QTAr?FQ nF I ITIQATIQN DEADLINES
Service of process made and return filed with the Court by
06/16/2010
case shall be resolved and judgment shall issue by
03/13/2011.
03/13/2011
Counsel for plaintiff must serve this tracking order on defendant before the deadline for
filing return of service.
Dated: 03/23/2010 Thomas H. Driscoll Jr.
Clerk of the Court
Location: CtRm 2 -rear (Salem)
Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten)
Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court at
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., AND ONE WAY LUMBER CORP.,
PLAINTIFFS
_v_
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
� ►II2 5
Civil Action # 2010-0574-A
MOTION FOR APPOINTMENT
OF SPECIAL PROCESS SERVER
P.Aloco
►4{ �' . 2
Pursuant to Mass. R. Civ. P. R. 4(c), the Plaintiff moves that this Honorable Court appoint.
Constable PAUL MINSKY of Swampscott, Massachusetts, being a disinterested:person, or his'
designee, as Special Process Server for the service of all process in this action.
Dated: March 26, 2010
law Of6De of
Cud D. GDodM=
153 Lyw y
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01903
761-593-2016
Respectfully submitted,
The Plaintiffs
130"M
CARL D. GOODMAN
Goodman Law Offices
152 Lynnway, Suite IE
Lynn, MA 01902
-Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carlOwto—annd— rnm
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS: SUPERIOR COURT DEPT.
OF THE f COURT
Civil Action # 2010-00574-A
ARTHUR THEOPHILOPOULOS, JAMES T.
RUSH, BRUCE GLINSKI, MATTHEW
CIVIELLO, MARY CIVIELLO, TODD SIEGEL,
SCOTT MORGAN, TERRI MORGAN,
ANTHONY JERMYN, DEBORAH GALLO,
ALAN SAMILJAN, YOUNG WORLD
ACADEMY, INC., ANARPET REALTY, INC.,
THOMAS L. MCAULIFFE, TRUSTEE OF
HUTCHINSON REALTY TRUST, BRUCE
GLINSKY, TRUSTEE OF GREEN DOLPHIN
VILLAGE CONDOMINIUM TRUST, ROGER
AND JULIO, INC., NEW TRI -CITY REALTY
CORP., AND ONE WAY LUMBER CORP.,
PLAINTIFFS
-v-
THE BOARD OF HEALTH OF
THE CITY OF SALEM,
DEFENDANT
INTRODUCTION
AMENDED
COMPLAINT
This is an appeal pursuant to G.L. Chapter 30A Section 14 from an agency decision
rendered by the City of Salem Board of Health granting a `Yninor modification" to a Site
Assignment for the City of Salem Transfer Station located at 12 Swampscott Road in Salem,
Massachusetts.
The plaintiffs, collectively, are a group of residents, businesses, and taxpayers who seek a
judgment vacating the decision of the Board of Health as arbitrary, capricious, and in excess of its
authority, and contrary to the requirements of G.L. Chapter 111 Section 150A and 150A %2 and
Lore .f I Regulations appearing at 310 CMR 16:00 et seq.
Cmi D. G..d..
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PARTIES & CLAIM
1. The plaintiffs:
Arthur Theophilopoulos of 24 Valley Street, Salem, Massachusetts,
James T. Rush of 17 Madeline Avenue, Salem, Massachusetts,
Bruce Glinski of 33 Cavendish Circle, Salem, Massachusetts,
Matthew Civiello of 3 Savona Street, Salem, Massachusetts,
Mary Civiello of Savona Street, Salem, Massachusetts,
Todd Siegel of 26 Brittania Circle, Salem, Massachusetts,
Scott Morgan of 7 Savona Street, Salem, Massachusetts,
Terri Morgan of 7 Savona Street, Salem, Massachusetts,
Anthony Jermyn of 50 Ravenna Avenue, Salem, Massachusetts,
Deborah Gallo of 54 Valley Street, Salem, Massachusetts, and
Alan Samiljan of 51 Cavendish Circle, Unit C, Salem, Massachusetts,
are individuals, residents and taxpayers in the City of Salem.
2. The plaintiff, Young World Academy, Inc. ("Young World Academy") is a corporation duly
organized under the laws of the Commonwealth of Massachusetts having its principal office at 3
Green Ledge Street, Salem, Essex County, Massachusetts.
3. The plaintiff, Anarpet Realty, Inc. ("Anarpet Realty"), is a corporation duly organized under
the laws of the Commonwealth of Massachusetts having its principal office at 3 Green Ledge Street,
Salem, Essex County, Massachusetts, and owns the real property known as and numbered 3 Green
Ledge Street, Salem, Massachusetts.
4. The plaintiff, Thomas L. McAuliffe, is the Trustee of the Hutchinson Realty Trust
("Hutchinson Realty"), having its principal office at 333 Highland Avenue, Salem, Essex County,
Massachusetts.
5. The plaintiff, Bruce Glinsky, is a Trustee of the Green Dolphin Village Condominium Trust,
located at the intersections of Swampscott Road, First Street, and Whaler's Lane, Salem,
Massachusetts and is authorized by a majority of the trustees to appeal the Decision of the Salem
Board of Health hereinafter referenced.
6. The plaintiff, Roger and Julio, Inc. is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 376 Highland Avenue, Salem, Essex
County, Massachusetts.
Lew Olyimof
GAD. Good=
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7. The plaintiff, New Tri -City Realty Corp., is a corporation duly organized under the laws of
the Commonwealth of Massachusetts having its principal office at 262 Highland Avenue, Salem,
8. The plaintiff, One Way Lumber, Inc., is a corporation duly organized under the laws of the
Commonwealth of Massachusetts having its principal office at 297 Highland Avenue, Salem, Essex
County, Massachusetts.
9. The plaintiff, Alan Samiljan, prior to the commencement of the hearings hereinafter
mentioned, filed a Petition to Intervene & Registration of Abutter. The Petition was not ruled on by
the Hearing Officer, hereinafter named, until after the public hearings had been closed at which time
the Hearing Officer allowed the Petition to the extent that said plaintiff was granted Participant
status but denied abutter and Intervenor status.
10. Plaintiff, Young World Academy, owns and operates a children's preschool at 3 Green
Ledge Street, Salem, Massachusetts.
11. Plaintiff, Hutchinson Realty, is the owner of the premises ]mown as and numbered 331-333
Highland Avenue, Salem, Massachusetts which premises directly abut the land owned by the City
of Salem located at 12 Swampscott Road, and on which premises there is located a health care
facility.
12. All of the Plaintiffs are aggrieved persons within the meaning of G.L. Chapter 111, § 150A.
13. The defendant, Board of Health of the City of Salem (the "Salem Board of Health" or the
"Board of Health"), is a municipal department of the City of Salem, Massachusetts having its principal
office at 120 Washington Street, Salem, Massachusetts.
14. Pursuant to a Notice of Public Hearing, the Board of Health commenced public hearings (the
"Hearings") on the Application (the "Application") for Minor Modification to a Site Assignment for
the Salem Transfer Station filed on behalf of Northside Carting, Inc. and the City of Salem
(individually and/or collectively "Northside Carting", the "City", "or the "Applicant" or
"Applicants," all as the context permits) relating to the City of Salem's existing transfer station at
12 Swampscott Road in Salem.
15. The Application requested modification of the existing Site Assignment to allow, inter alfa,
for the demolition of the existing structures now located on the premises and the construction of a
new transfer station and to increase the permitted daily tonnage of solid waste handled at the site
from the current permitted maximum of 100 tons per day to an average of 400 tons per day with a
daily maximum of 500 tons. The Application stated that the waste will consist of consist of
construction and demolition debris, municipal solid waste and commercial solid waste.
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16. The existing facility is subject to a Permit By Rule as described in a letter from the
Massachusetts Department of Environmental Protection dated June 3, 1994, a true copy of which is
attached hereto and marked Exhibit " "
17. The existing facility is permitted for processing up to 100 tons per day of refuse according to
correspondence from the Massachusetts Department of Environmental Protection dated September
9, 1976, a true copy of which is attached hereto and marked Exhibit " "
18. Based upon reports filed by Northside Carting, Inc. with the Massachusetts Department of
Environmental Protection, the facility processed:
22,734 tons of solid waste over 312 days for an average of 72.8 tons per day in 2004;
23,079 tons of solid waste over 312 days for an average of 73.9 tons per day in 2005;
16,125 tons of solid waste over 312 days for an average of 51.6 tons per day in 2006;
7,930 tons of solid waste over 312 days for an average of 25.4 tons per day in 2007; and
6,821 tons of solid waste over 312 days for an average of 21.8 tons per day in 2008, the
last full year prior to the subject hearings.
19. The Hearings were conducted over two meetings on November 10, 2009 and November 19,
2009 ostensibly pursuant to G.L. Chapter 111 § 150A and the Public Hearing Rules set forth at 310
CMR 16.20 et seq.
20. The Hearings were conducted by Kenneth F. Whittaker, PhD. as a hearing officer —
designated by the Board of Health pursuant to the provisions of 310 CMR 16.20(3).
21. At the commencement of the public hearings on November 10, 2009, the Chairperson of the
Board of Health announced that the Board of Health would not consider challenges to whether or
not the Application was properly one for a "minor modification" and that any such challenges
should be directed to the Massachusetts Department of Environmental Protection ("D.E.P."). The
Hearing Officer thereafter ruled that any such challenge was not before the Board of Health.
22. During the course of the public hearings, the Board of Health and the Hearing Officer
allowed the proponents to use, refer to, and submit documents without the same having been
authenticated and without any foundation having been laid.
23. During the course of the hearings, the Board did not receive any sworn testimony and the
Hearing Officer ruled that any questions to be posed to the proponents and their witnesses were to
be posed to the Hearing Officer who would then pose questions to the witness.
24. The Hearing Officer allowed the proponents and their witnesses to speak and offer the
unsworn statements without any time limitation.
25. When the Hearing Officer allowed members of the public to speak, the Hearing Officer
L. ruled that all presentations were limited to approximately two (2) minutes. Withveryfew
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L. Office or
Cad D. Coodm
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exceptions, the two minute rule was enforced, even as to elected public officials who sought to
speak and query the applicants and their witnesses.
proponents or their witnesses and as
to questions that were posed through the Hearing Officer, the Hearing Officer rephrased questions
and allowed the proponents' own experts' responses to be interrupted and completed by other
representatives of the Applicants.
27. At the close of the second hearing on November 24, 2010, the Board of Health ruled that the
public hearing portion of the proceeding was closed except that it would accept firrther written
comments for a period of two (2) weeks.
28. Subsequent to the close of the public hearings, the Hearing Officer wrongfully denied the
Petition of Alan Samiljan to register as an abutter and Intervenor.
29. The Board met on December 15, 2009 to conduct its deliberations at which time it voted to
approve the Application. During the public deliberation session the Board of Health engaged in
substantive discussions with the co -Applicant, Northside Carting, but did not permit other interested
parties or members of the public to participate. Despite the vote to approve the Application, the
Board continued the matter for further consideration of "conditions" to be imposed on the modified
Site Assignment.
30. Ultimately the Board adopted conditions and published notice (the "Notice of Decision") of
its decision in The Salem News on February 16, 2010.
31. The published Notice of Decision did not conform to the requirements of 310 CMR
16.20(13)(c).
32. Either the Decision was not rendered within 45 days of the initial date of the public hearing
or the Notice of Decision was not published within the time required by 310 CMR 16.20(10)(k)(1).
33. The Decision fails, on its face, to satisfy the requirements of the regulations relative thereto.
34. The Decision does not comply with the requirements of 310 CMR 16.20(10)(k)(4) as it
contains no determinations of fact as to site suitability criteria.
35. The Decision authorizes a major modification of the Site Assignment in violation of 310
CMR 16.22(2).
36. The Decision authorizes a modification to a Site Assignment despite the existence of an
occupied residential dwelling and a health care facility within 500 feet of waste handling areas in
violation of 310 CMR 16.40 (3)(d)5.b.
37. The Decision authorizes a modification to a Site Assignment despite traffic impacts from the
facility operation constitute a danger to the public health, safety, and environment due to traffic
congestion, pedestrian and vehicular safety, road configurations, alternate routes, and vehicle
emissions. Further, the Certificate of the Secretary of Energy and Environmental Affairs on the
or on
project
did not require the preparation of an Environmental Impact Report (EIR) in part because the
"proponents have committed to the following measures to avoid and minimize air quality impacts
associated with diesel emissions ... Limiting hours of operation during commuting hours to reduce
emissions during peak non -transfer station traffic..." The Board of Health did not impose any
condition limiting the hours of operation to reduce emissions by during peak traffic hours.
38. The Decision was based upon unsubstantiated traffic projections that were based upon false
existing conditions data supplied by the Applicants.
39. The decision is based upon unsubstantiated air quality and noise reports that failed to take
into account critical factors and were based upon speculation and unsound assumptions.
40. The hearings before the Board of Health were otherwise contrary to the Public Hearing
Rules appearing at 310 CMR 16.20 et seq.
41. The proceedings by the Board of Health were contrary to the applicable statutes, rules and
regulations; and the Decision is in excess of the statutory authority or jurisdiction of the Board of
Health, is based upon an error of law, made upon unlawful procedure, unsupported by substantial
evidence, and arbitrary or capricious, an abuse of discretion, and otherwise not in accordance with
law.
42. The conduct of the public hearings were deprived the public, including the plaintiffs, from
any meaningful participation and thereby deprived the plaintiffs of due process of law.
43. The Board of Health rendered its Decision based upon political considerations and
abrogated its duty to preserve and protect the public health.
WHEREFORE, the plaintiffs pray that this Honorable Court:
1. Vacate the Decision of the Salem Board of Health voted on December 15, 2009 and subject
to conditions thereafter attached as being contrary to the requirements and provisions of G.L.
Chapter 111, §151A, the Public Hearing Rules appearing at 310 CMR 16.20, and the Site Criteria
set forth at 310 CMR 16.40 et seq., and other applicable law.
2. Plaintiffs' costs of suit.
3. Such other and further relief as the Court deems just.
L Offmof
Cad D. Good.
152 L,.q
Lyon, MA
01902
761-5912016
Dated: March 26, 2010
L Off.of
152 Lyn y
LM MA
01902
781-593-2016
7
Respectfully submitted,
The Plaintiffs
By their attorneys:
CARL D. GOODMAN
Goodman Law Offices
152 Lynnway, Suite I
Lynn, MA 01902
Tel: (781) 593-2016
Fax: (781) 592-1129
BBO No. 201720
Email: carl@attorneygoodman.com