Loading...
0001 COLONIAL ROAD - BUILDING JACKET 1 COLONIAL ROAD • 1 3-25-1998 12(\:SSPM R FROM P. 1 '� 0 5 B 0 R N I LI)K.OSBORN AIA - CEO A R ._C. ....H ... I T.. .E_...—C_._.T 5 ..._ ._..._._._.CRAIG R.WINDSOR AIA.'... VP March 25, 1998 Leo Tremblay, Building Inspector City of Salem 1 Salem Green Salem, MA 01923 Fax 978-744-5918 Re: Van Waters & Rogers Salem Facility, Phase 1 Dear Leo, Is has come to our attention that NFPA 20 requires some type of drain in the floor of the Fire Pump Room. As it would be difficult to install an underfloor drain line at this time, Bob Jackson of Crowley Engineering has designed an alternative system. We would install an 18"dia. x 24" deep open fiberglass sump in the floor of the room, with an electric pedestal pump to pump away any water leakage. The pump would discharge into the relief cone waste, which discharges above grade on the exterior of the building. Concerns about diesel fuel spillage in the Pump Room are small, as the diesel tank and piping are all double walled, I have enclosed a detail drawing of this proposed installation. We would like your approval for this system. If you have any questions about the proposed installation, please call Bob Jackson at 508-947-6888. Please note that our office address has changed. We are now at 320 East Harvard Street, Glendale, CA 91205. Our phone numbers remain unchanged. Sincerely yours, Curtiss H.Johnson, AIA Project Architect CC: Hong Vuong, VW&R, Fax 425-889-3450 Bob Jackson, Crowley Engineering, Fax 781-966-5321 G:\94\9432\9432.06\9432L66.doc ■■ 3Ra NARvAgo sr. �w MF0. 1 A 5 I t N 11 A I I lA 1 1 I u k N 1 A 9 1 2 (1 5 T I I: (N 7 9) 7 9 6 .1 1 1 2 r A X 1 M 1 It I =<6-A ; 6 S 3-25-1998 12:56PM FROM P. 2 MAR-19-1998 17:09 FROM TO 16182463567 P.02 1L,2-4 Dt$Gif4ZGt.WT:W O frc—r-C-05M%,f�LIMP 7 m CIE GaST I TSN ..Pu _�.85A��blYb'Ti3Y{.�}I��" FISC P U I`�( P P bmf`'! DIZA{t i � CA WKEY UMEERK INC. CONSULTING ENGINEER$ 40-48 NORTH MAIN STREET MIDDLE$OROUGN. MASS. 023x6 va.T.t �..l,WTGt�.S � �o4E?tv,S (soa)9a�-tteas T-two-ea3-+53< M� DATE: s �at_C sw: �t9_i 5K P- 1 TOTAL P.02 �. International Code Consultants 6511 Twin Creek Hollows • Austin,Texas 78750 • (512) 795-2900 • Fax(512) 795-2903 February 9, 1998 Mr. Leo E. Tremblay U U'Director of Public Property/Building Commissioner Salem Public Property Department 1 Salem Green Salem,Massachusetts 01970 Dear Mr. Tremblay: On behalf of Van Waters and Rogers, I would like to thank you for meeting with me and V WR's other representatives to discuss the company's new bulk storage and handling facility. According to my notes from our meeting,you and the fire department have requested that VWR modify their proposal as follows to gain approval of the conceptual design presented in our report: 1. VWR is to provide an additional municipal fire alarm box dedicated to signaling an emergency in the bulk storage and handling area. The box will be connected directly to the fire department's alarm office via the municipal signaling system. 2. VWR is to arrange the local fire alarm system to sound an alarm upon activation of any emergency shutdown switches located in the bulk storage and handling areas. In addition,the shutdown switches will be arranged to provide distinct annunciation at the fire alarm control panel. All switches will be on a common zone,but the zone itself will be annunciated separately at the panel. 3. VWR is to provide a liquid level monitoring system in the underground containment basin. The system will be designed to sound audible and visual warning devices when liquid is detected in the basin to ensure that plant personnel are aware of the condition and that remedial action will be taken. 4. VWR will research the possibility of providing a suitable foam monitor cart to the fire department instead of providing the cart at V WR's site. VWR has agreed to make the changes listed in Items 1 to 3 above, and I have written letters to the Chief Turner and Inspector Preczewski to confirm this. The changes will be reflected in the project's specifications and/or drawings. Also, in accordance with our discussion, I will request that a copy of the International Building Code draft be sent to you so that you can see what lies ahead in the code arena. They are in short supply,but I'll do my best to get one. Thank you again for your assistance. Sincerely yours, Jeffrey M. Shapiro,P.E. President JMS:vw Cftp of Salem' '41a5garbU.5ett.5 Public Vropertp Mepartmeut A3uilbiug Mepartmeut ®ne$alem Oreen (97S) 7459595 Cxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 9 , 1998 Osborn Architects 880 East Broadway Glendale , California 91205 Att : Curtis H. Johnson RE : Van Waters & Rogers Inc. Dear Mr . Johnson: It has been brought to my attention that a dry sprinkler system does not appear on the sprinkler system drawings at the underside of the exterior canopy. During the many meetings held on this structure during planning stages it was well documented that I as the Building Inspector , as well as Fire Prevention were going to require the dry system under all exterior canopies of the building. Unfortunately during my plan review, I did not notice that they were missing. Please let it be known that this office as well as the Fire Prevention office will not except the structure without the dry sprinkler system installed. Thank you for your anticipated cooperation in this matter . If this office can be of further assistance , please do not hesitate to call . Sincerely,.,^) Leo E . Tremblay Inspector of Buildings LET: scm cc : Fire Prevention John Serifini Hong N. Uuong CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER —� ONE SALEM GREEN City Penner 01970 01970 1`_ f e (508) 745-9595, EXT. 311 'j"" FAX(508) 7445918 TO: Leo Tremblay, Building Inspector Norman LaPointe, Fire Inspector FROM: Beth Debski, AssistanV neer RE: Van Waters & Rogers, Inc. - Colonial Road DATE: September 25, 1995 On Thursday, September 21, 1995, Wilfred Beaulieu and I inspected the Van Waters & Rogers, Inc. Site on Colonial Road to ensure that the erosion and sedimentation control measures required by the Conservation Commission were in place prior to the start of demolition. All pre-construction conditions required by the Conservation Commission are in place for the issuance of a demolition permit. If you have any questions,please do not hesitate to contact me. jm%ftolonial.mem �I ��� i • , UNDERGROUND ENGINEERING& ENVIRONMENTAL SOLUTIONS Haley&Aldrich,Inc. 58 Charles Street Cambridge,MA 02141-2147 Tel:617.494.1606 Fax:617.577.8142 Email:BOSQHaleyAldrich.com 5 December 1996 File No. 11050-042 City of Salem One Salem Green Salem, Massachusetts 01970 Attention: Mr. Leo Tremblay, Director Public Works Department Subject: Activity and Use Limitation (AUL) and Response Action Outcome (RAO) Statement 1 IGA Way/20 Colonial Road Salem, Massachusetts Release Tracking Number (RTN) 3-13218 Dear Mr. Tremblay: On behalf of Exeter International Realty Corporation (Exeter) and in accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000, Haley &Aldrich has enclosed a copy of the registered Activity and Use Limitation(AUL) placed on the subject property. The MCP requires'a copy of the registered AUL be provided to the Zoning Official and the Building Code Enforcement Official. The original AUL was filed with the Essex South County Registry of Deeds on 5 December 1996. Haley &Aldrich has prepared a Response Action Outcome (RAO) Statement for this property, indicating a level of"No Significant Risk" has been achieved for RTN 3-13218. Both a certified copy of the registered AUL and the RAO Statement have been submitted to the Massachusetts Department of Environmental Protection (MA DEP). Also, the attached legal notice for this AUL is to be published in the 9 December 1996 issue of the Salem OFFICES Evening News. Geveland Ohio If you have questions concerning the content of this letter, please do not hesitate to contact the Denver undersigned at 617-494-4910, extension 447. Colorado Sincerely yours, Hartford HALEY & ALDRICH, INC. Connecticut Los Angeles California Manchester Margaret S. Bursaw New Hampshire Senior Environmental Geologist C Portland Maine Enclosures Rochester Nein York c: Exeter International Realty Corporation: Ann.: Mr. Ernest F. Friedlander San Francisco Department of Environmental Protection: Attn.: Mr. Richard Chalpin California Washington f:\11050-042\pubnotit\zonbldg.wpf District of Columbia P-W an,,del Papa ' / w 12/05/96 10:31 Inst 158 B 13876 PG 105 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 1 Disposal Site Name: ONE IGA WAY/20 Colonial Road Salem MA DEP Release Tracking No.(s): 3-13 218 This Notice of Activity and Use Limitation("Notice") is made as of this 4th day of December, 1996, by Exeter International Realty Corp., 6 Baldwin Circle Weston, MA 02193 together with its successors and assigns(collectively "Owner"). WITNESSETH: WHEREAS, Exeter International Realty Corp, of Weston, Middlesex County, Massachusetts is the owner in fee simple of that certain parcel of land located in Salem, Essex County, Massachusetts, with the buildings and improvements thereon("Property"); WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in Essex South Registry of Deeds in Plan Book 4644 Page 415. Filed as Number 88, 1960. WHEREAS, a portion of the Property ("Portion of the Property") is more specifically subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made apart hereof. The Portion of the Property is shown on a sketch plan to be recorded herewith in Essex South County Registry of Deeds; WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site. Exhibit B is attached hereto and made a part hereof.; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c.21E ("Chapter 210) and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). 'Said response actions are based upon (a)the restriction of human access to and contact with oil and/or hazardous material in soil and groundwater and/or(b)the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated December 2, 1996, (which is attached hereto as Exhibit C and made a part hereof); G MOVEN ccRCL6 W �S-ro n►, fYW o 21 q 3 ' BK 13876 PG 106 NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: I. Permitted Activities and Uses Set Forth in the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Uses which do not result in long-term, direct exposure to subsurface soils existing below 10 feet beneath the bituminous pavement and groundwater, including but not limited to office, industrial, commercial, retail, warehouse, research and development and uses accessory to the foregoing uses (all of which are permitted uses); and (ii) Such other activities or uses which, in the opinion of a Licensed Site Professional (LSP), shall present no significantly greater risk of harm to health, safety, public welfare or the environment than the activities set forth above, and (iii) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Residential uses; (ii) Cultivation and/or harvesting of out-of-doors fruits and vegetables destined for human.consumption; and (iii) Any excavation or construction activity that results in long-term, direct exposure to subsurface soil below the bituminous pavement or indirect exposure to contaminants in soil or groundwater, unless the exposure is determined to present no significant risk as determined by an LSP. 3. Obligations and Conditions Set Forth in the AUL Opinion If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the- following: •:., (i) Existing bituminous pavement shall be maintained to continue its effectiveness. In the event the pavement is modified, altered, replaced or removed, a surface cover of equal protective function shall be reinstalled as soon as practicable to prevent BK 13876 PG 107 changes in exposure. If, in the opinion of an LSP,further investigation concludes that restricted access is not required, the pavement does not need to be maintained; (ii) In the event that construction or other intrusive activities are undertaken which involve significant exposure to or contact with subsurface soils containing contaminants or pollutants, a health and safety plan shall be implemented at such time to protect the health and safety of on-site workers, visitors to the property and the general public; and (iii) Management of excavated materials in accordance with the applicable DEP policies . 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Portion of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effectivewhen executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds. 310 CMR DEPARTMENT OF ENVIRONMENTAL pROTECTION i Form 1075: continued BK 13816 P8 j+08 WTINESS the w mtaon hereofunder seal this 2. day of O 'c. dem^ . 19-&. Owner ' ��,, � COMMONWEALTH OF MASSACHUSETTS as r� 'beet.,,,6_. 19 l o - £c Then persom*appeared the above named firiask• and aeimowledged the foregoing to be his/her free as and deed before me, Notary public: My Commission Expiresli� The undersigned LSP beteby certifies that he/she executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his/her Opinion this Notice of Activity and Use Limitation is consistent ' s forth in said Activity and Use Limitation Opinion. NCF'14A A Cy I E• cg' WESLEY Gu, •g e 1zU STIE. w No. 23Up 9. `-,, FG/STEP� o�R (UP SEALl ysF�SllEPnO�`�a'°a COMMONWEALTH OF vu S �idd�as Then perstna0y appeared the above named NK Y71�d`ac7mowledged the foregoing to.be' .i his/her free act and deed before me, Notary Public: My Commission Expires: ads Upon recording,remm to: ' (Name and Address of Owner) -� Exeter International Realty Corp. 6 Baldwin Circle Weston, MA 02193 7/28/95 310 CMR- 1706 BK 13876 PG 109 EXHIBIT A WRITTEN DESCRIFTIOK The land with the building thereon, situated in Salem, Essex County, Massachusetts, bounded and described as follows: Beginning at land of the Boston and Maine Railroad at a point eighty-one and sixty nine hundredths (81.69) feet North 71 12 '20" West from Station 821 45.90 on the center line of location of the Portland Main Line Eastern route of the Terminal Division of said Railroad, thence running North 71 12 '20" West partly by said last mentioned land, partly by land of Stephen A. and Dorothy A. Rizzoti, partly by land of Alfred Garneau, Jr. , partly by land of David Pelletier, partly by land of Rene A. and Gertrude M. Blanchette, partly by land of Joseph D. and Carmencita A. Francoer, partly by land of Rene A. and Catherine M. Bouchard, partly by land of Elsie P. Richard and Raoul and partly by land of Yvonne McCall, six hundred thirty-six and sixty hundredths (636.60) feet to a point at land of Roger L. and Loretta C. Petit; thence turning and running North 08 36'10" East partly by said last mentioned land and partly by land. of John F. Burke, four hundred thirty-six and seventy-eight hundredths (436.78) feet to land of New England Power Company; thence turning and running - By said land of New England Power Company on two (2) courses as follows: North 69 00'10" East, seventy-seven and fifty-seven hundredths (77. 57) feet and North 23 45'20" East, one hundred thirty-one and three hundredths (131.03) feet to a point at land now or formerly of Boston and Maine Railroad and land of Hamblet & Hayes, thence turning and running By said land now or formerly of. Boston and Main Railroad on three (3) courses as follows: South 58 06'40" East, three hundred twenty-two and twenty-three hundredths -(322.23) feet; South 36 30'10" East, one hundred eighty-eight and eighty-seven hundredths (188.87) feet, and North 53 29'50" East, ninety-seven and sixty-two hundredths (97.62) feet to a point at said remaining land of said Railroad, thence turning and running r South 03 43 '55" East, one hundred and no hundredths (100._00) feet; South 06 01'35" West, one hundred and no hundredth (100.Oo) "feet; South 15 46'20" West, one hundred and no hundredths (100.00) feet South 21 42'20" West, one hundred thirty-nine and ninety-eight hundredths (139.98) feet to the point of beginning, be ill of said measurements more or less, said parcel containing about two hundred sixty-five thousand six hundred seventy-three (265,673) square feet and being shown upon a plan marked "Land in SALEM, MASS. Boston and Maine Railroad - To - Cressey, Dockham & Co. , Inc. J.F. Kerwin, Engr. of. BK 13876 Phi 110 Design Scale .l" 1001ft. Sept. 1959^ recorded in Essex South District 1 Registry of Deeds in Book 4644, Page 415 as Plan No. 88 of 1960. Together with the right to use in common with the Boston and Maine Railroad, its successors and assigns, and with others now or hereafter having rights therein for all purposes for which streets or ways may now or hereafter be customarily used in said Salem, including the installation of all usual services, a strip of land twenty-five (25) feet wide, measuring at right angles between its sidelines and running from. the easterly side of Jefferson Avenue to the fourth described side of said parcel; the southeasterly sideline of said strip being coincident with northwesterly side of an area of land conveyed to John _ F. Burke, by said Railroad by deed dated January 13, 1960 and the third described side of the parcel herein conveyed, said strip being shown marked "DRIVEWAY" upon said plan. Subject to and with the benefit of easements and restrictions reserved, set forth or referred to in a deed form the Boston and Maine Railroad to Cressey, Dockham & Co. , Inc. dated January 18, 1960, recorded in said Deeds in Book 4644, Page 415. Being the same premises conveyed by Cressey, Dockham & Co., Inc. to Exeter International Corporation, dated August 1, 1969, recorded with said Deeds, Book 5627, Page 762, and in deed from the T.H.E. Investment Corporation (successor by merger to Palindrome Corporation, formerly known as Exeter International Corporation) to Exeter International Corporation, dated December 31, 1976, recorded with said Deeds, Book 6424, Page 170, and in deed from Exeter International Corporation to T.H.E. Insurance Company, dated December 31, 1976, recorded with said - Deeds, Book 6424, Page 174. BK 13876 PG 111 EXHIBIT A-I WRITTEN DESCRIPTION"' ' AREA OF ACTIVITY & USE LIMITATION (AUL) A portion of the land being shown upon a plan marked "Land in SALEM, MASS. Boston and Maine Railroad - To - Creasey, Dockham & Co. , Inc. J.F. Kerwin, Engr. of Design Scale 1" = 100 ft. Sept. 1959" recorded in Essex South District Registry of Deeds in Book 4644, Page 415 as Plan No. 88 of 1960 described as follows: Commencing at a point of beginning for the AUL AREA which is point South 170 50110" East, seventy-six and.no hundredths (76.00) feet from the Northeasterly corner as shown on the referenced plan, thence turning and running; . North 900 00'00" West, eighty-five and no hundredths (85.00) feet, thence turning and running; South 000 00100" East, one hundred and ten and no hundredths (_110.00) feet, thence turning and running; .\ North 900 00'00" East, ninety-eight and four hundredths (98.04) feet thence turning and running; North 030 43 '55" West, eighty-seven and thirty-four 87.34) feet, thence turning and running; .North 170 50'10" West, twenty-four and no-hundredths (24.00) feet, to the point of beginning. Exhibit U 1 2K 13876 Phi 112 / \ 'n � `� �- w �\� / �Point of Beginning for AUL Area h190'OU'00" 1 i 11' No Limits of Disposal Side C.) , 1 U. i , o LIN o • / N90'00'UO"E 1 ; —_Portion of Property , Subject to AUL 1 . _ j 10 OI" °iU, I r 13876 r ❑ i { T EXHIBIT C 38 1 1 6 t- G 1 1 3 2 December 1996 AUL OPINION LEASED WAREHOUSE PROPERTY ONE IGA WAY/20 COLONIAL ROAD SALEM, MASSACHUSETTS RTN 3-13218 Site Description The property occupies industrial-zoned land at the end of Colonial Road(off Jefferson Avenue) in Salem, Massachusetts. A single-story warehouse/office building occupies approximately half of the property. Most of the remaining property is covered by asphalt- paved parking areas, currently used for temporary trailer storage. The property is bounded by Van Waters &Rogers Inc. (north); the Massachusetts Bay Transportation Authority railroad tracks (east); and Colonial Professional Park and Colonial Road(west). A large bedrock outcrop separates the residences located south of and topographically above the subject property. The contamination associated with Release Tracking Number (RTN) 3-13218 consists of petroleum-impacted soils in the vicinity of a former underground storage tank(UST) grave. Three fuel oil USTs and a pump island were removed from the property in 1968. The former UST grave is topographically below and within 500 feet of a residentially-zoned area located south of the property. Response actions completed at the affected site in 1996 have reduced the level of contamination in the soil to a depth of 10 feet to less than Method 1, S-1 standards. However, due to constraints caused by adjacent property boundaries, the need to maintain access to one of the adjacent properties and concerns that dewatering activities necessary to remove additional contaminated soil below a depth of 10 feet could potentially draw contaminated groundwater, if present, onto this property from the adjacent properties, it was not possible to reduce the level of contamination at depths below 10 feet to less than Method 1, S-1 standards. The soil impacted by this release and AUL covers an area approximately 50 feet by 75 feet and exists between a depth of 10 and 15 feet. Current and Foreseeable Future Use Exposure Scenarios The property currently contains a single story warehouse/office building and associated parking and paved areas. There is no opportunity for direct or indirect human exposure since the petroleum impacted soils are at a depth of more than 10 feet below ground surface and below the groundwater as well. There are no utilities in the area that might be a concern for workers involved with maintenance or repairs. Future foreseeable site conditions and uses are anticipated to remain the same as the current conditions and uses. There are no surface water bodies on the properties. The nearest surface water is the Mill Pond, located approximately 500 feet from the AUL area. r BK 13876 PG 114 AUL opinion 2 December 1996 Page 2 Although unlikely, it is possible that human receptors associated with the possible future use of the property may include construction workers who may be involved with excavation below 10 feet into the contaminated soil. It is also possible that members of the public or site users may be exposed to.the soil if the soil is excavated and subsequently stored or managed in a way that allows possible future direct or indirect contact. Appropriateness of an AUL Unrestricted use of the property was not evaluated as part of a recent risk characterization described in the Response Action Outcome (RAO) report, dated December 1996. Therefore, the conditions outlined in this Opinion to preclude unrestricted use of the property without further evaluation need to be maintained to provide for a condition of"No Significant Risk." The permitted uses are consistent with the industrial and commercial property history, current commercial use of the site and the reasonably foreseeable uses of the property. Furthermore, the prohibited uses and obligations under the AUL provide a means for maintaining assumptions of the risk assessment which relied upon elimination of certain exposure pathways to achieve a level of No Significant Risk. Additional remediation to achieve a Class A-2 RAO without implementation of an AUL is not technically or economically feasible considering the fact that the contamination exists below the groundwater table in a portion of the property close to a property boundary and active right of ways. Removal of the petroleum impacted soils also has the potential to draw contaminated groundwater from the adjacent properties, if present, onto this property as a result of the need to dewater the excavation to remove the affected soil. Based on the above information, permitted activities and uses, prohibited activities and uses, and obligations to maintain a level of No Significant Risk are as follows: Permitted Activities and Uses ❑ Uses which do not result in long-term, direct exposure to subsurface soils existing below 10 feet beneath the bituminous pavement and groundwater, includingfbut not limited to office, industrial, commercial, retail, warehouse, research and development and uses accessory to the foregoing uses (all of which are permitted uses); and - - ❑ Such other activities or uses which, in the opinion of a Licensed Site Professional (LSP), shall present no significantly greater risk of harm to health, safety, public welfare or the environment than the activities set forth above. Prohibited Activities and Uses ❑ Residential uses; ❑ Cultivation and/or harvesting of out-of-doors fruits and vegetables destined for human consumption; and CC,,� i ❑ i i inion 2 DecAUL ember 1996 y BK 13876 1� G 1 15 Page 3 ❑ Any excavation or construction activity that results in long-term, direct exposure to subsurface soil below the bituminous pavement or indirect exposure to contaminants in soil or groundwater, unless the exposure is determined to present no significant risk as determined by an LSP. Obligations and Conditions ❑ Existing bituminous pavement shall be maintained to continue its effectiveness. In the event the pavement is modified, altered, replaced or removed, a surface cover of equal protective function shall be reinstalled as soon as practicable to prevent changes in exposure. If, in the opinion of an LSP, further investigation concludes that restricted access is not required, the pavement does not need to be maintained; ❑ In the event that construction or other intrusive activities are undertaken which involve significant exposure to or contact with subsurface soils containing contaminants or pollutants, a health and safety plan shall be implemented at such time to protect the health and safety of on-site workers, visitors to the property and the general public; and ❑ Management of excavated materials in accordance with applicable DEP policies. LSP Opinion In the opinion of Wesley E. Stimpson, LSP, a condition of No Significant Risk to health, safety, public welfare or the environment exists at the site for any foreseeable period of time, as defined at 310 CMR 40.1005, provided that the above requirements are met and maintained. pAses s e,-SHOP cr SLEY yG � N Wesley E. Stimpson SEAL] T E. y Senior Vice President 233 PSO x. Haley &Aldrich, Inc. owe LSP No. 2332 • ►� PN� Date: 17- IIT F:\I1050\042UULOPIN3.WPF Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number a Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 13218 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: tr} 1 —+ �zt Disposal Site Name: arnnprf;r B +3 i 6 PU 11 Street: One Tr7D Wav,120 r'nlani Al R AA Location Aid: Off .Tpffprann kypm,p City/Town: Sal pm 7JPCode: -07970-9905 Address of property subject to AUL,ff different than above. Street City/rown: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ® Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Lhnttation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of ihle form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this forth). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personalty examined and am familiar with this submittal,Including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of 0)the standard of care In 309 CMR 4.02(1),Ip)the applicable provisions of 309 CMR 4.02(2)and(3),and(rs)the provisions of 309 CMR 4.03(5),to the best of my knowledge,Information and belief, > If Section B indicates that a Notice ofActivlly and Use Lbnitatlon is being registered and/or recorded,the Activity and Use Umitation.that is the subject of this submittal p)is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and(9)complies with 310 CMR 40.1074(1)(b); - > tf Section B indicates that an Amended Notice ofAcdv/ty and Use Lhniladon As being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal m Is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and M complies with 310 CMR 40.1080(1)and 40.1081(1); , > if Section B indicates that a Termination of Notice ofAcfl ft and the Lhnitatbn is being registered ambbriecorded,the Activity and Use - Umitation that is the subject of this submittal Q)is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310.CMR 40.0000 and(9)complies with 310 CMR 40.1083(3)(a); > BSecdon B indicates that a Grant of Environmental Res&kdon is being registered and/or recorded,the Activity and Use Umbdon that is the subject of this submittal m is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and 04 complies with 310 CMR 40.1071(1)(b); > If Secson B indicates that an Amendment to a Grant of Environmental Restriction is being registered end orlecomed,the Activity and Use Umitation that is the subject of this submittal W is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and(II)complies with 310 CMR 40.1080(1)and 40.1081(1); > YSection B indicates that a Release of Gram ofErrvlronmenfal Restriction is being registered andlor recorded,the Activity and Use Umitabon that is the subject of this submittal 0)Is being provided in accordance with the applicable provisions of M.G.L c.21 E and 310 CMR 40.0000 and (I1)complies with 310 CMR 40.1083(3)(a). - I am aware that signtfieant penalties may result.Including,but not limited to,possible fines and Imprisonment,If I submit information which I know to be false,inaccurate or materially incomplete. . . _ ❑ Check here B the Response Action(s)an which this opinion is based,If any,are(were)subject to any order(s),permit(s)and/or approval(s) Issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 5/8195 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Protectiap% 1001 i dVN5�-1ii, Bureau of Waste Site Cleanup Release Tracldng Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM ❑ Pursuant to 310 CMR 40.1070-40.1084(Subpart J) — 3 13218 C. LSP OPINION: (continued) LSPName: Wesley F. Rtimpgnn LSPO: 2119 Stamp: Telephone: 417-494-4910 EA.: 71 s . ,o WESLEY yc E Fax - - - STIMPSDN No. 23320. LSP Signature: cFyOiSTEQ��o�♦ Date: iR YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised Nom' - Do Not Alter This Form Page 2 of 2 NOTICE OF AN ACTIVITY AND USE LIMITATION LEASED WAREHOUSE PROPERTY 1 IGA WAY/20 COLONIAL ROAD, SALEM, MA RELEASE TRACKING NUMBER 3-13218 Pursuant to Massachusetts Contingency Plan(310 CMR 40.1073), a Notice of Activity and Use Limitation on the above disposal site has been registered with the Essex South County Registry of Deeds on 5 December 1996. The Activity and Use Limitation will limit the following site activities and uses on the above property: ♦ Residential uses; ♦ Cultivation and/or harvesting of out-of-doors fruits and vegetables destined for human consumption; and ♦ Any excavation or construction activity that results in long-term, direct exposure to subsurface soil below the bituminous pavement or indirect exposure to contaminants in soil or groundwater, unless the exposure is determined to present no significant risk as determined by an LSP. Any person interested in obtaining additional information or reviewing the Notice of Activity and Use Limitation and the disposal site file may contact Mr. Ernest F. Friedlander, Exeter International Realty Corporation, 13 Water Street, Holliston, MA, at 508-429-9009. F:\11050\042\pubnotif\formO8.wpf Van Waters & Rogers Inc. COLONIAL ROAD P.O. BOX 730 SALEM, MA 01970 subsidiar of Univar PHONE (5051 745-3700 FAX (508) 745-5875 March 23, 1995 City of Salem Public Property Department One Salem Green Salem, Ma 01970 Attention: Mr. Leo E. Tremblay, Director of Public Property, Inspector of Buildings, and Zoning Officer RE: (Cresse�y-Dockham Buld iing Van Waters & Rogers, Inc. plonial Roadl Salem, Massachusetts Distribution Center Dear Mr. Tremblay: John Serafini, Jr. has kept us current with respect to your mutual discussions regarding zoning, and that the Cressey-Dockham building's 'current' use' complies 'with the 'local .zoningordinance. You then `asked 'that- 'Van`Waters & 'Rogers Inc: (VW&R) engage a professional study team to survey the facility's construction and to report on its appropriateness to house the occupancies for which it is now being used. We thank you for your patience as we got through the holidays and year-end matters, and have now had the opportunity to complete the comprehensive program initiated by your request. Since our meeting with you last fall, we have: a. researched the codes in force as of the date of construction and the date of occupancy by VW&R and have reviewed the current Mass. Building Code; b. conducted an aggressive search for construction documents, and having found none, resurveyed and reconstructed the basic building plans; and d. examined the types 'of products stored ih ,the building presently and (annually) since moving in durin9 ,1978. . . Mr. Leo E. Tremblay, Director of Public Property, Inspector of Buildings, and Zoning Officer March 23, 1995 Page 2 We are now prepared to report our findings and have elected to use this letter to transmit the survey summary documented by the team's building code and life safety specialist, architect Herb Eisenberg, who provided the information in the next two paragraphs. The recent history of this building indicates that it was occupied as a storage warehouse for moderate and low hazard materials and would have been classified as an S-1 Storage, Moderate Hazard occupancy. The total building area for the warehouse is 145,500 square feet and there is a small office area attached of 4, 340 square feet. The main warehouse is divided into three separate compartments by 12 inch concrete block walls with areas of 36, 000 square feet, 48, 000 square feet and 61,500 square feet respectively. The building is one story high, constructed of steel bar joists on 6 inch lally columns with concrete block exterior walls, a gypsum plank roof with built-up roofing and an asphalt composition floor on grade. This type of structure is classified as 2-C, Non-Combustible Unprotected and is commonly used for storage facilities. The construction that we viewed during the limited investigation appeared to be in good condition with no apparent structural problems and, as may be expected of any building, could use some cosmetic work such as painting, door repairs and other miscellaneous items. The warehouse building is fully sprinklered and the small office area building attached is not. The wet pipe sprinkler systems are controlled by three separate flow control valve stations. The flow control valve stations are monitored with flow switches that are connected to the alarm control panel which is monitored by an off-site company. A recently installed 12 inch water supply main feeds all sprinklers and the piping and valves appeared to be in good condition. The static pressure at the flow control stations was observed to vary between 90-98 p.s. i. The fire alarm control panel monitors the water flow switches and manual pull stations only. The electrical systems generally seem to be in compliance with requirements for an ordinary hazard type building. In our review, the Cressey-Dockham building is of 2C non- combustible, unprotected construction (designed, built and permitted for the storage of moderate and low hazard products) , the classifications of much of VW&R's inventory. Other products in the warehouse are all under different classifications. Mr. Leo E. Tremblay, Director of Public Property, Inspector of Buildings, and Zoning Officer March 23, 1995 Page 3 We have had the benefit of continuous contact with the Salem Fire Department, which has conducted satisfactory annual reviews of our product inventory and operations. They have provided helpful comments to improve our good warehousing practices. VW&R's inventory has always occupied only a small portion of the building's total area and has been maintained in widely-spaced piles at heights considerably below allowable limits. We believe it a fair statement that we have enjoyed a good record with the City in warehousing practices there over the last 17 years. As you will recall, we first introduced ourselves to you and the other members of the Salem Building Department last fall when we wished to discuss our plans to renovate/upgrade a portion of the Cressey-Dockham building to comply with current Massachusetts code for the storage, packaging and handling of products. This significant capital improvement program is planned so that the product packaging and storage operation could be moved from under- sized quarters in one of the Hamblet & Hayes buildings to an appropriately configured, more expansive facility within the Cressey-Dockham building. Accordingly, we would like to re-initiate the effort to introduce and begin implementation of our schematic master plan, wherein we wish, long term, not only to upgrade a portion of the Cressey-Dockham building for fully compliant storage and packaging of our materials, but also to replace the facility's underground tanks with an above-ground tank farm, to raze certain buildings and building wings, and to redesign the truck courts and site circulation flow. Upon your receipt and review of this brief status report, we would be pleased to review our survey findings in more detail with you and also discuss in more detail our master plan implementation. During the Company's 17 years on site, throughout which we have housed similar groupings of chemical products, with annual reviews by City fire authorities, operated without incident, and assisted others in time of local need, we have been a highly contributive, highly regarded part of the Salem business community. We ask that you work closely and patiently with us as we work toward implementation of our multi-phased master plan. Mr. Leo E. Tremblay, Director of Public Property, Inspector of Buildings, and Zoning Officer March 23, 1995 Page 4 Our Salem facility is the important New England hub in our national distribution system. It is imperative that it be safe and compliance with public standards, while being a cost-effective operation benefiting both VW&R and the City of Salem. Thank you for your consideration and continued attention to this matter. We look forward to meeting with you at your earliest convenience to consider the next steps. Very truly yours, VAN WATERS & ROGERS INC. Robert Harrington Order Fulfillment Team Leader RH/sr ` n MEMORANDUM �r To: Building Inspector e� City of Salem From: John R. Serafini, Jr. Date: October 31, 1994 Re: USE OF FORMER CRESSEY-DOCKHAM BUILDING, Colonial Road, Salem This memorandum explores the compliance of the present use with the Salem Zoning Ordinance ("Ordinance") of the former Cressey-Dockham Building on 20 Colonial Road in Salem. Presently the building is used for storage of packaged and drummed chemicals for sale to wholesale buyers and distributors. The building lies in an industrial zone. In accordance with Article V of the Salem Zoning Ordinance, allowed uses in industrial zones are those permitted in B-4 Zones (wholesale and automotive business) . Section 5-2 (h) . Under the B-4 regulations, warehousing and wholesale merchandise brokerage and wholesale storage are allowed by right. Section 5- 2 (f) (6) and (7) . 4 The building was originally constructed in 1959 as a warehouse for the operations of Cressey-Dockham. That company was a wholesale food and merchandise supplier to supermarkets and other stores. The building was expanded in 1962 and in 1975. In the mid-701s, the predecessor of Van Waters & Rogers, the present tenant, began using the building for the present use. The basic question is whether packaged chemicals are considered a form of merchandise for purposes of the Ordinance. The dictionary defines merchandise as: "All goods which merchants usually buy and sell, whether at wholesale or retail ; wares and commodities such as are ordinarily the objects of trade and commerce. " Black's Law Dictionary 986 (6th ed. 1990) . Our position is that for purposes of the Zoning ordinance, wholesale brokerage, storage and warehousing of packaged chemicals should be treated no differently than food or other nonfood supermarket items. The Ordinance is attempting to regulate specific land uses and functions; i.e. , wholesale brokerage, storage and warehousing and not the specific commodity (either food or chemicals) held at the site. 1 ✓C Support for the position that the term "merchandise", as applied by the B-4 regulations, covers both chemicals and food is found in well established rules of construction typically applied to interpret zoning ordinances. Where terms used in zoning ordinances or bylaws are not defined in that ordinance or bylaw, their meaning is determined according to their common and approved usage. See, e.g. , Jackson v. Building Inspector of Brockton, 351 Mass. 472, 475 (1966) (additional citations omitted) . Applying this rule of construction in a zoning case, the Court of Appeals relied upon a dictionary definition of a slaughterhouse in concluding that the proposed use of premises as a slaughterhouse involved "processing" and thus was an industrial use permitted under the zoning ordinance. Langevin v. Superintendent of Public Buildings of Worcester, 5 Mass. App. Ct. 892 , review denied, 374 Mass. 834 (1977) . In conclusion, we believe that the present use of the Cressey- Dockham Building, namely for wholesale brokerage and storage of packaged chemicals, is allowed by right. To aid us in our planning efforts we would request a letter to that effect for our records issued from your department. univar\10.31.mem 2 BOARD OFASSESSORS a 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 Sa i� 8 (508)745-9595 ExL 281 +r8 (508)744.5918 FAX January 11, 1994 Exeter International Realty Trust c/o Friedlander Ernest F. 280 Hillside Ave. lst Fl . Needham Heights MA 02194 Re: Colonial Road Properties Dear Property Owner: In conjunction with the City' s implementation of the new enhanced 911 emergency response system currently being installed in the commonwealth, the Board has found it necessary to change or assign street numbers to various properties in the city to ensure proper and accurate response by emergency personnel when an emergency call is received. In the case of your properties on Colonial Road, the Board has found no numbers had been previously assigned. Therefore, parcel #24-117 , which includes the building to the immediate left as you enter the complex, has been assigned 25 Colonial Road. Parcel #24-118, which includes those structures to the immediate right as you enter the complex, has been assigned 30 Colonial Road. Parcel #24-119 , which includes the building nearest to the tracks at the rear of the complex, has been assigned 40 Colonial Road. For your information, the warehouse property abutting your property and owned by Exeter International has been assigned 20 Colonial Road. If you have any questions regarding enhanced 911, or if you wish to discuss modifications of the proposed numbers, please call Capt . Paul Murphy of the Police Department at (508) 744-0171 ext . 39 . �- Very t , , ours, Caron Chairman cc : Deborah Burkinshaw, City Clerk Postmaster Joseph L. Leccese Chief Robert Turner, Fire Department Helen Jiadosz, Water Dept . (/Leo Tremblay, Inspector of Buildings Capt . Paul Murphy, Police Dept . BOARD OFASSESSORS e� ,p 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 Sa ip - 8 (508)745-9595 Ext 261 +r� (508)744-5918 FAX R'�1wxr. January 11, 1994 Exeter International Realty Trust c/o Friedlander Ernest F. 280 Hillside Ave . 1st F1 . Needham Heights MA 02194 Re: Colonial Road Properties Dear Property Owner: In conjunction with the City' s implementation of the new enhanced 911 emergency response system currently being installed in the commonwealth, the Board has found it necessary to change or assign street numbers to various properties in the city to ensure proper and accurate response by emergency personnel when an emergency call is received. In the case of your property on Colonial Road, the Board has found no number had been previously assigned. Therefore, your property, assessors parcel 024-121, has been assigned the street number of 20 Colonial Road. If you have any questions regarding enhanced 911, or if you wish to discuss mod tications of the proposed numbers, please call Capt . Paul Mur y,G/of the Police Department at (508) 744-0171 ext . 39 . Very yours, P Caron Chairman cc : Deborah Burkinshaw, City Clerk Postmaster Joseph L. Leccese Chief Robert Turner, Fire Department Helen Jiadosz, Water Dept . j/reo Tremblay, Inspector of Buildings Capt . Paul Murphy, Police Dept . Law Offices Di Mento & Di Mento 990 PARADISE ROAD SWAMPSCOTT, MASSACHUSETTS 01907 Telephone'(617)595.2510 Fax_ (517)598.2080 FACSBIELE COVER SHEET TO: Leo Tremblay FAX NO.: 506-744-5910 FROM: William R. DiMento RE: 10 Colonial Drive Salem DATE: June 2, 1997 TOTAL PAGES 2 (including cover sheet MESSAGE CONFIDENTIALITY NOTICE The information wrinnu d in this fsosimilc may be privileged of co0 i4sadsl Information and is intended only for the me of the individual or entity vaned above. If the reader of this message is not the intended recipient,or the employee or agent responsible to delivor it to the intended reoipiont,you are hereby notified that my dissemination,distribution,"copying ofthis communication is strictly ptohibltod.If yon have macived this communicalion In error,please immediately notify na by telcphone(co9erA)to strange for retrieval of the transmitted documents at no coat to you. TOO IJ d1V'I OJIMaKI(I 08OZ984LT9,Z sr:to L6/ZO/90 LAW OFFICES Di MENTO & Di MENTO 990 PARADISE ROAD SWAMPSCOTT, MA68ACHUSE s 01907-1909 CAROL A.0.OI MENTO' (617)596-2500 WILLIAM R.OI MENTO (505)741.7467 ANITA N.P05S FA%:(617)595-2090 RICHARD W.HO= •AL90 A9MIT15916 ilORIW June 2, 1997 VIA FACSIMILE: 508-744-5910 Leo Tremblay Inspector of Buildings, City of Salem One Salem Green Salem, MA 01970 Dear Mr. Tremblay: Please accept my apology for being five minutes late for our 9:45 appointment this morning at 10 Colonial Drive. I can understand why you could not wait for me to arrive. My client, Yvonne Lysiak informed me that you told her the construction for the dialysis center was in compliance with the building code and all changes were in conformance with the Salem Zoning ordinance. Ms. Lysiak was not informed about the alteration of the structure prior to the work being commenced and quite frankly, I assumed the structure itself was nonconforming and would require zoning relief Now that you have rendered your opinion that the project and the building are in full compliance, I will proceed to examine what relief she may have as a condominium owner. Once again, I want to thank you for taking time from your busy schedule to perform this code and zoning inspection. Sincerely, William R D ento WRD1wmg Z00 i1 61V'I O,LNatI(l 060Z962LT9.Q, 9660 LB/Z0100 Cite of �&aleni, Aag!6arbu!6ettg Public 3propertp Mepartment � o ;Puilbing Mepartment One Oalem Oreen (978) 745-9595(Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 26, 1998 Curtis Johnson 320 Harvard Street Glendale , California 91205 RE : Van Waters & Rogers Salem Facility Dear Mr . Johnson: I have reviewed your propose installation of the 18-dia . x 24" deep fiberglass sump and pumps . I have no objections in you using this system as per your design. If this office can be of any further assistance , please do not hesitate to call . Sincerely, Leo E . Trembla�V Inspector of Buildings LET : smc