Loading...
LEGAL NOTICES RE: TRANSFER STATIONL e4 A L. NoTl UGS EGALf O A� EI CITU OFAC)ARD F HEALTHUSETTS Modification To Site Assignment For Swampscott Road Transfer Station a a In accordance with Massachusetts General n jaws, Chapter 111, Sections 150A and 150A _ Iii in d the regulations promulgated thereunder, 310 h 'MR 16.00 "Site Assignment Regulations for Sol• e. d WaSte Facilitles,° an application for a minor mod- ficatlon to an existing site assignment has been it with the Salem Board of Health for the It be rvaate transfer station located at 12 Swampscott Road in Salem. The purpose of the requested ar ar modification to the site assignment is to allow an Ne increase in .the allowable solid waste handling da capacity of the transfer station from.100 to 400 of tons per day. ' The area under consideration is approximately 9 9.2 acres and will be used in part for a transfer sta- tion that will accept construction and demolition debris, municipal solid waste, and commercial sol- id waste. - Hours of operation are proposed to be from 7:OOA.M. to 4:OOP.M. Monday through Friday and 8:OOAM to 1:OOPM on Saturday. The applicant and proponent of the modification is Northside Carting, Inc., 210 Holt Road in North Andover, MA, which is currently operating an existing transfer station at the location of the proposed expanded SNS operation.— A Public hearing on the Modification to Site Assignment application will be held at 120 Wash- ington Street, 3rd Floor on, November 10, 2009 at 7P.M. The hearing may be continued at the dis- cretion of the Salem Board of Health, the time and date of such continued hearings to be announced N at the close of the November 10th hearing session. 0 ' Copies of the Modification to Site Assignment application may be reviewed 20 tW offices of the St. Salem. Board of Health, µ Salem, MA between the hours of 9:30 A.M. to 3:30 P.M. Additional copies can be found at the Salem $6.' Public Library at 370 Essex Street, Salem, MA. The Salem Board of Health shall receive com- ments on the proposed modification to site assign- ment for 30 days from the date the applicant pro- vides proof to the Board of Health that all public notice requirements beyond the publication of this public notice have been met. All comments regarding the proposed modification to site assign- 1 ment should reference Salem Board of Health File °Salem Transfer Station 11-10-09" and be mailed ' to David Greenbaum, Acting Health Agent, Salem ,. a Board of Health, 120 Washington Street, 4th Floor, c bSalem, MA. Testimony may be presented a the Board orally or in writing dung the public hearing fy' on this matter. SN –10/20109 �- � i �'i'���� is currently operatin existing transfer staff ! the location of the 'posed expanded of tion. I . A Public hearin r the Modification to. was held at 120 Washing. ton Street, 3rd Floor on "November 10 anc November 24, 2009 a'. 7P.M. j 2do December 1.5 009 the Salem Board of Health voted 4 in favoi -and 2 opposed the chaii n' ;abstaining as is custom e ary except to break a tie, Z. to approve with condi r tions the application fora Minor Modification to Site Assignment for the Fd .Swampscott Road Trans' far Station. A copy this 1; decision is on file at the If Board of Health office located at 120 Washing; ton Street, 4th Floor{ r: Salem, MA 01070. - Any person l aggrieved by the decision of the Board of Health may, within 30 days of !publication of this Notice of Decision appeal under 'the provisions of M.G.L. c.30A, §14. SN -2/16/10 " L City of Salem, Massachusetts �. Board of Health J Notice of Board of Heali Decision for the Modification to Site... Assignment for _ Swampscott Road Transfer Station ' n In accordance wit x Massachusetts Gener; e taws, Chapter 111, Sei > tions 150A and 150A11 - and the regulations pron a ulgated thereunder, 31 I- CMR 16.00 "Site Assigr it ment Regulations fc - Solid Waste Facilities, a I application for a mint i modification to an existin site assignment was file _ with the Salem Board c i Health for the solid wast transfer station located- 12 Swampscott Road i Salem. The purpose c the requested modifics tion to the site assign ment was to allow if increase in the allowabl solid waste handlim capacity of the transfe station from 100 to 40i tons per day. - - The area under con sideration is approximate ly 9.2 acres and will bi I used in part for a transfe station that will accep I constructionand demoli tion debris, municipa a solid waste, and oommer !, cial solid waste. Hours c .1 operation are proposed h be from 7:OOA.M. To 5:01 ! 1 P.M., Monday through Fn ' , day and 8:00 AM to 10:01 ' f AM for commercial us( 1 and 8:OOAM to 1:00135 n for residential use on Sat r urday. The applicant ani I proponent of the mod'rfi I cation is Northside Carl is currently operatin existing transfer staff ! the location of the 'posed expanded of tion. I . A Public hearin r the Modification to. was held at 120 Washing. ton Street, 3rd Floor on "November 10 anc November 24, 2009 a'. 7P.M. j 2do December 1.5 009 the Salem Board of Health voted 4 in favoi -and 2 opposed the chaii n' ;abstaining as is custom e ary except to break a tie, Z. to approve with condi r tions the application fora Minor Modification to Site Assignment for the Fd .Swampscott Road Trans' far Station. A copy this 1; decision is on file at the If Board of Health office located at 120 Washing; ton Street, 4th Floor{ r: Salem, MA 01070. - Any person l aggrieved by the decision of the Board of Health may, within 30 days of !publication of this Notice of Decision appeal under 'the provisions of M.G.L. c.30A, §14. SN -2/16/10 " L string gui- i >,goodcondi- hB49064. 1 GUITAR - Bass, Mandolin, Banio repair by technician with over 20 yrs experience. D. Goldman (918) 28&0753 GUITAR Yamaha 3r4 FG Junior, acoustic, with gig bag 1 and pick. 2 months old. $140 guitar for $100. Call Art, 97&6829181. Moving Must Sell. Wrlitzer Baby Grand Piano, cherry wood lacquer finish . with bench. Paid $13,000 asking $6500. Mint condition Call 603 3824097 PIANO, Baldwin piano, wal- nut finish, acrosonic key- board, 30 years young, excel- lent condition. $1,250 or best offer. Buyer must Pick up. (978) 470-0105 ADS appearing I classification may involve Purchase of a publication $ $ BUYING ANTIQUES .... $ $ iCollectibles,Complete Estates. Single Item, Anything Old 978594-5835 or 617.957-9296 y HAND TOOLS WANTED Planes -Chisels -Adzes -Cal ioers Useful tools - All trades. Estate lots. 10405-2801 s H IGHEST PRICES PAID 6 Platinum, diamonds, gold, silver, paintings, estates ILinda's Jewelers, 781-596-1886 2 Market St, Lynn, MA l Military Items Wanted 6 NAME YOUR PRICE Most Countries, Rev War through Vietnam, Call Peter (7111)631-1718 I MINK PELT R f Beautiful, size 10, 3 Years old, paid $650, sell. $250. 1 Beverly, MA. (617) 792-2513 MOTHER OF THE BRIDE DRESS - Lovely beaded long dress & jacket, aqua, peaubesois, size'22, worn once. Paid $450. Asking $150. Call (603) 3829907 r : 7,797TM I HT — North of Boston dtimedia company based I blications which include lem News, Daily News of I hoes and award-winning s candidate for our new I bsition offers guaranteed 1 tenial in growth ternto- I experience required — ?lease a -mail resume and I ofboston.com. .(30+ hours) employes. Fat with salary requirements to xquircments will not be con- ; of any of our publications Ir . I f I City of Salem, Massachusetts Board of Health Notice of Public Hearing and Facility Tour Modification To Site Assignment For Swampscott Road Transfer Station In accordance with Massachusetts General Laws, Chapter 111, Sections 150A and 150A 'h and the regulations promulgated thereunder, 310 CMR 16.00 "Site Assignment Regulations for Solid Waste Facilities," an application for a minor modification to an existing site assignment has been filed with the Salem Board of Health for the solid waste transfer station located at 12 Swampscott Road in Salem. The purpose of the requested modification to the site assignment is to allow an increase in the allowable solid waste handling capacity of the transfer station from 100 to 400 tons per day. The area under consideration is approximately 9.2 acres and will be used in part for a transfer station that will accept construction and demolition debris, municipal solid waste, and commercial solid waste. Hours of operation are proposed to be from A.M. to _P.M, Monday through Saturday. The applicant and proponent of the modification is Northside Carting, Inc., 210 Hold Road in North Andover, MA, which is currently operating an existing transfer station at the location of the proposed expanded operation. A Public hearing on the Modification to Site Assignment application will be held at the at on , September , 2008 at 7P.M. The hearing may be continued at the discretion of the Salem Board of Health, the time and date of such continued hearings to be announced at the close of the September hearing session. Prior to the public hearing operators of the current transfer station will be conducting a tour of the existing facility for interested members of the public, Board of Health members and other City of Salem officials. This site tour will occur at 10 A.M. on September , 2009. Individuals interested in participating in this facility tour are requested to confirm their intent to attend the tour by calling the Salem Board of Health at 978-741-1800. Copies of the Modification to Site Assignment application may be reviewed at the offices of the Salem Board of Health, 120 Washington St., Salem, MA between the hours of 9:30 A.M. to 3:30 P.M. Additional copies can be found at the Salem Public Library at The Salem Board of Health shall receive comments on the proposed modification to site assignment for 30 days from the date the applicant provides proof to the Board of Health that all public notice requirements beyond the publication of this public notice have been met. All comments regarding the proposed modification to site assignment should reference Salem Board of Health File Number and be mailed to David Greenbaum, Acting health Agent, Salem Board of Health, 120 Washington Street, 4`h Floor, Salem, MA Testimony may be presented to the Board orally or in writing during the public hearing on this matter. Good Evening. My name is Attorney Kenneth Whittaker and I am legal counsel to the City of Salem Board of Health with regard to the Swampscott Road Solid Waste transfer Station. By majority vote of the Board I have been asked and will serve as the Hearing Officer for tonight's public hearing, and subsequent continued hearings, if any. According to 310 CMR 16.22(3), any request to modify a site assignment to increase daily or annual tonnage limits at a transfer station, with the exception of temporary increases related to emergency conditions which are not relevant here, are deemed by MassDEP to be Minor Modifications to the original site assignment. As stated in those regulations, a local Board of Health may modify a site assignment to address a proposed Minor Modification, at the request of the facility owner or operator, without requiring the filing of a new application for site assignment or issuance of a site suitability report by MassDEP. For this provision to apply however, the local Board of Health must provide public notice of and hold a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the Minor Modification application. This hearing has been scheduled and will be held to meet this requirement. At the outset I note that public notice of this hearing regarding the request for Minor Modification to the Site Assignment for the Swampscott Road Solid Waste Transfer Station was published in the Salem News on , 2009 For the record, the published notice of the public hearing reads as follows: ...................... Does the applicant wish to provide any documentation of notice of this hearing to possibly affected parties or other interested persons at this time? To begin, I believe it would be useful to review the Board's jurisdiction in this matter, what issues are appropriately brought before us for consideration, and how we intend to proceed in conducting this hearing. Our task here is limited to consideration of the Minor Modification to the site assignment proposed to increase in the tonnage throughput limits for an expanded transfer station operation. This Board fully recognizes that there are a variety of other elements and aspects of this project which may generate public commentary and perhaps very strong opinion, both positive and negative, such as the closure of the existing landfill on the property. However, those aspects of the project are not within our jurisdiction and are therefore not the subject of this hearing. We therefore ask that speaking parties refrain from offering comment on these additional matters. If speakers are not prepared to provide this courtesy, the Board reserves the right to dismiss and/or terminate the speaker's presentation. In a similar vein, the Board reserves the right to dismiss or terminate any testimony which it deems to be extraneous to the matter at hand or which is unduly repetitious or adversarial. We ask that you appreciate the decorum of this Board and hearing, and maintain a respectful and informative tone when making your comments. Repeat offenders will not be recognized by the chair nor given an opportunity for further comment. The Board's role in this matter is to evaluate whether the proposed expanded transfer station operation may constitute a danger to public health, safety, welfare or the environment. Legitimate areas of concern include, but are not necessarily limited to, possible impacts on groundwater and surface water supply, air quality, creation of nuisance conditions, traffic and pedestrian safety, vector control and stormwater runoff. The Board intends to provide a full and fair hearing of the public health issues associated with the expanded operations at the transfer station. According to Massachusetts Regulations, this public hearing process "is designed to permit the flexibility and informality appropriate to a board of health proceeding, while providing the board of health with procedural direction and authority to create a record and render a decision within a limited time period which is amenable to the procedures and the standards of judicial review. "To this latter point I note that, although we hope that this does not result, suitably aggrieved and impacted parties who do not agree with the Board's final decision in this matter will have the right to appeal that decision in the courts. Should you decide to proceed in such a matter, we strongly advise that you seek appropriate legal counsel as will the board in the event of any such appeal of its decision. We will start this hearing by asking the applicant, Northside Carting, to present its case. The members of the Board will ask questions and seek information from the applicant at their discretion. Once the Board finishes its initial round of questioning, comments and questions to the applicant will be entertained from potentially aggrieved parties or the public at large. When you rise to ask a question, please identify yourself by name, address and your relationship to the site either as an abutter, other aggrieved or interested party or merely as a concerned citizen. The applicant will be afforded the opportunity to answer questions as they arise, but the Board will also allow the applicant to defer any answer, if appropriate, for further consideration and subsequent discussion in a continued public hearing. Members of the Board may interject questions to the applicant or other speakers during the course of the question and answer sessions. We ask that you keep your comments as brief as reasonably possible, and that those wishing to speak await recognition by me as the chair. Please note that this hearing and all subsequent hearings will be audio taped. It is not our intent at this time to prepare a written transcript of these proceedings, but interested parties will be afforded an opportunity to have a written transcript made at their own expense and in accordance with Massachusetts regulations relevant to this hearing. If this is done, the Board is entitled by regulation to a copy of that transcript at no cost. Following the question and answer session with the applicant, the Board intends to allow all interested parties speak to the issues while maintaining an informal and non - confrontational atmosphere. However, if that process becomes unwieldy because of the length of the testimony or the number of parties wishing to speak, the Board reserves the right to limit testimony to parties who specifically by regulation have standing to comment, including but not necessarily limited to abutters, citizen group representatives and other aggrieved parties. Again, I remind you that the Board reserves the right to interrupt, terminate or refuse to recognize any speaker offering comments or questions that are abrasive, threatening, non-responsive, irrelevant to the issues or unduly repetitious. Presenters who wish to present testimony will be invited to speak in the order their names appear in the sign-up sheet at the front of the hall. If you intend to offer testimony this evening I ask that you add your name and affiliation to this sheet. Depending on how things go this evening, the Board may continue this hearing to additional sessions. Any such hearings will take place at the same location and time as this evening's session, and the date of scheduling, if any, will be established at the end of each session including this one. The Board is obligated to render a decision within 45 days of this hearing, so all further sessions must be completed within this time. Written submissions will be accepted within 30 days from today's date. Those submitting written comments should identify in their submission who they are representing in this matter. Please submit three copies to the Board. Commenters should also be prepared to submit copies of their comments to specifically identified interested or potentially aggrieved parties in this matter. The Board will provide a list of such parties upon written or oral request within three days of this public hearing. Would any member of the Board care to make any additional introductory comments at this time? We now welcome the applicant for the Minor Modification for Site Assignment and ask that you provide an overview of the project for this Board and the interested public. City of Salem, Massachusetts Board of Health Notice of Public Hearing Modification To Site Assignment For Swampscott Road Transfer Station In accordance with Massachusetts General Laws, Chapter 111, Sections 150A and 150A %2 and the regulations promulgated thereunder, 310 CMR 16.00 "Site Assignment Regulations for Solid Waste Facilities," an application for a minor modification to an existing site assignment has been filed with the Salem Board of Health for the solid waste transfer station located at 12 Swampscott Road in Salem. The purpose of the requested modification to the site assignment is to allow an increase in the allowable solid waste handling capacity of the transfer station from 100 to 400 tons per day. The area under consideration is approximately 9.2 acres and will be used in part for a transfer station that will accept construction and demolition debris, municipal solid waste, and commercial solid waste. Hours of operation are proposed to be from 7:OOA.M. to 4:OOP.M, Monday through Friday and 8:OOAM to 1:OOPM on Saturday. The applicant and proponent of the modification is Northside Carting, Inc., 210 Holt Road in North Andover, MA, which is currently operating an existing transfer station at the location of the proposed expanded operation. A Public hearing on the Modification to Site Assignment application will be held at 120 Washington Street, 3rd Floor on, November 10, 2009 at 7P.M. The hearing may be continued at the discretion of the Salem Board of Health, the time and date of such continued hearings to be announced at the close of the November I Oth hearing session. Copies of the Modification to Site Assignment application may be reviewed at the offices of the Salem Board of Health, 120 Washington St., Salem, MA between the hours of 9:30 A.M. to 3:30 P.M. Additional copies can be found at the Salem Public Library at 370 Essex Street, Salem, MA. The Salem Board of Health shall receive comments on the proposed modification to site assignment for 30 days from the date the applicant provides proof to the Board of Health that all public notice requirements beyond the publication of this public notice have been met. All comments regarding the proposed modification to site assignment should reference Salem Board of Health File "Salem Transfer Station 11-10-09" and be mailed to David Greenbaum, Acting Health Agent, Salem Board of Health, 120 Washington Street, 4h Floor, Salem, MA. Testimony may be presented to the Board orally or in writing during the public hearing on this matter. City of Salem, Massachusetts Board of Health Public Notice Modification To Site Assignment Public Notice In accordance with Massachusetts General Laws, Chapter 111, Sections 150A and 150A /2 and the regulations promulgated thereunder, 310 CMR 16.00 "Site Assignment Regulations for Solid Waste Facilities," an application for a minor modification to an existing site assignment has been filed with the Salem Board of Health for the solid waste transfer station located at 12 Swampscott Road in Salem. The purpose of the requested modification to the site assignment is to allow an increase in the allowable solid waste handling capacity of the transfer station from 100 to 400 tons per day. The area under consideration is approximately 9.2 acres and will be used in part for a transfer station that will accept construction and demolition debris, municipal solid waste, k a If and commercial solid waste. Hours of operation are proposed to be from _ A.M. to 5 _P.M, Monday through Saturday. The applicant and proponent of the modification is ryi e Northside Carting, Inc., the current operator of the transfer station currently operating at the location of the proposed expanded operation. A Public hearing on the Modification to Site Assignment application will be held at the at on , September , 2008 at 7P.M. The hearing may be continued at the discretion of the Salem Board of Health, the time and date of such continued hearings to be announced at the close of the September hearing session. Copies of the Modification to Site Assignment application may be reviewed at the offices of the Salem Board of health, 120 Washington St., Salem, MA between the hours of 9:30 L9r A.M. to 3:30 P.M. Additional copies can be found at the Salem Public Library at 4 o Ji The Salem Board of Health shall receive comments on the proposed modification to site assignment for 30 days from the date the applicant provides proof to the Board of Health that this Public Notice has been published and that other public notice requirements have been met. All comments regarding the proposed modification to site assignment should reference Salem Board of health File Number and be mailed to Janet Dionne, �\Senior Sanitarian, Salem Board of Health, 120 Washington Street, 4'h Floor, Salem, MA Written comments may also be submitted to the Board during the public hearing on this matter. Good Evening. My name is Paullete Puleo and I am the Chairwoman of the City of Salem Board of Health. I will be serving as the Hearing Officer for tonight's public hearing and subsequent continued hearings if any. According to 310 CMR 16.22(3), any request to modify a site assignment to increase daily or annual tonnage limits at a transfer station, with the exception of temporary increases related to emergency conditions which are not relevant here, are deemed by MassDEP to be Minor Modifications to the original site assignment. As stated in those regulations, a local Board of Health may modify a site assignment to address a proposed Minor Modification, at the request of the facility owner or operator, without requiring the filing of a new application for site assignment or issuance of a site suitability report by MassDEP. For this provision to apply however, the local Board of Health must provide public notice of and hold a public hearing in accordance with the requirements of 310 CMR 16.00 prior to deciding on the Minor Modification application. This hearing has been scheduled and will be held to meet this requirement. At the outset I note that public notice of this hearing regarding the request for Minor Modification to the Site Assignment for the Swampscott Road Solid Waste Transfer Station was published in the Salem News on 2008, thereby meeting `5 the regulatory requirement of 21 days notice. For the record, I now ask Dr. Kenneth Whittaker, legal counsel for the Board in this matter, to read the published notice of the k public hearing. Qr� Does the applicant wish to provide any other documentation of notice of the hearing to QeQ possibly affected other parties or interested persons at this rime? To begin, I believe it would be useful to review the Board's jurisdiction in this matter, what issues are appropriately brought before us for consideration, and how we intend to j proceed in conducting this hearing. Our task here is limited to consideration of the Minor Modification to the site assignment proposed to increase in the tonnage throughput limits for an expanded transfer station operation. This Board fully recognizes that there are a variety of other elements and aspects of this project which may generate public commentary and perhaps very strong opinion, both positive and negative, such as the closure of the existing landfill on the property. However, those aspects of the project are not within our jurisdiction and are therefore not the subject of this hearing. We therefore ask that speaking parties refrain from offering comment on these additional matters. If speakers are not prepared to provide this courtesy, the Board reserves the right to dismiss and/or terminate the speaker's presentation. In a similar vein, the Board reserves the right to dismiss or terminate any testimony which it deems to be extraneous to the matter at hand or which is unduly repetitious or adversarial. We ask that you appreciate the decorum of this Board and hearing, and maintain a respectful and informative tone when making your comments. Repeat offenders will not be recognized by the chair or given an opportunity for further comment. The Board's role in this matter is to evaluate whether the proposed expanded transfer G ` station oP eration may constitute a danger to public health, safety, welfare or the a C environment. Legitimate areas of concern include, but are not necessarily limited to,' ` possible impacts on groundwater and surface water supply, air quality, creation of nuisance conditions, traffic and pedestrian safety, vector control and stormwater runoff. The Board intends to provide a full and fair hearing of the public health issues associated with the expanded operations at the transfer station. According to Massachusetts Regulations, this public hearing process "is designed to permit the flexibility and informality appropriate to a board of health proceeding, while providing the board of health with procedural direction and authority to create a record and render a decision within a limited time period which is amenable to the procedures and the standards of judicial review. "To this latter point I note that, although we hope that this does not result, suitably aggrieved and impacted parties who do not agree with the Board's final decision in this matter will have the right to appeal that decision in the courts. Should you decide to proceed in such a matter, we strongly advise that you seek appropriate legal counsel as will the board in the event of any such appeal of its decision. We will start this hearing by asking the applicant, Carting, to present its case. The members of the Board will ask questions and seek information from the applicant at their discretion. Once the Board finishes its initial round of questioning, comments and questions to the applicant will be entertained from potentially aggrieved parties or the public at large. The applicant will be afforded the opportunity to answer questions as they arise, but the Board will also allow the applicant to defer any answer, if appropriate, for further consideration and subsequent discussion in a continued public hearing. a� Members of the Board may interject questions to the applicant or other speakers during Q� the course of the question and answer sessions. �0 We ask that you keep your comments as brief as reasonably possible, and that those wishing to speak await recognition by me as the chair. Please note that this hearing and all subsequent hearings will be audio taped. It is not our intent at this time to prepare a written transcript of these proceedings, but we reserve the right to do so if the Board determines that such a record will be helpful to its deliberations. Interested parties may also arrange, at their own expense, to have a written transcript prepared from the audio taping. If this is done, the Board is entitled by regulation to a copy of that transcript at no cost. We also intend to let all interested parties speak to the issues while maintaining an informal and non -confrontational atmosphere. If that process becomes unwieldy because of the length of the testimony or the number of parties wishing to speak, the Board reserves the right to limit testimony to parties who specifically by regulation have standing to comment, including but not necessarily limited to abutters, citizen group representatives and other aggrieved parties. Again, I remind you that the Board reserves the right to interrupt, terminate or refuse to recognize any speaker offering comments or questions that are abrasive, threatening, non-responsive, irrelevant to the issues or unduly repetitious. Depending on how things go this evening, the Board may continue this hearing to additional sessions. Any such hearings will take place at the same location and time as this evening's session, and the date of scheduling, if any, will be established at the end of each session including this one. The Board is obligated to render a decision within 45 days of this hearing, so all further sessions must be completed within this time. Written submissions will be accepted within 30 days from today's date. Those submitting written comments should identify in their submission who they are representing in this matter. Please submit three copies to the Board. Commenters should also be prepared to submit copies of their comments to specifically identified interested or potentially aggrieved parties in this matter. The Board will provide a list of such parties upon written or oral request within three days of this public hearing. Would any member of the Board care to make any additional introductory comments at this time? We now welcome the applicant for the Minor Modification for Site Assignment and ask that you provide an overview of the project for this Board and the interested public.