355-373 Highland Ave_ Activity and use Limitation_4.18.24 SLR International Corporation VSLR
225 Cedar Hill Street, Suite 200,Marlborough, MA 01752
April 18, 2024
Mr. Stavroula Orfanos, Building Commissioner, Zoning Officer
Salem City Hall
93 Washington Street
Salem, MA 01970
SLR Project No.: 151.V21886.00001
RE Copy of Activity and Use Limitation
Commercial Property
355-373 Highland Avenue
Salem, Massachusetts 01970
MassDEP RTNs 3-37432 & 3-38120
Dear Mr. Orfanos:
In accordance with the Massachusetts Contingency Plan (MCP) as set forth at 310 CMR
40.1403(7)(a), SLR International Corporation (SLR), on behalf of Berman Properties, LLC, is
hereby providing a copy of an Activity and Use Limitation (AUL) that is being submitted to the
Massachusetts Department of Environmental Protection (MassDEP) for the above reference
property and Release Tracking Numbers (RTNs).
The attached AUL was recorded with the Southern Essex County Registry of Deeds at Book
42061 Page 109 on April 10, 2024. The AUL provides details of activities and uses that are
consistent with and inconsistent with maintaining a condition of No Significant Risk to human
health and the environment for the foreseeable future.
If you have any questions regarding this AUL, please call Robert H. Bird, LSP, Senior Principal
Consultant, SLR, at (508) 244-7111 or by sending a question in writing to Robert H. Bird, LSP,
Senior Principal Consultant, SLR International Corporation, 225 Cedar Hill Street, Suite 200,
Marlborough, Massachusetts 01752.
Sincerely,
SLR International Corporation
Robert H. Bird, LSP
Senior Principal Consultant
cc MassDEP Eastern Regional Office
Berman Properties LLC
Messhchuseta Contingency Plan(310 CMR 40.0000)Activity and Use Limitation Forms,effective March 1.2024,
F rm 107
Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property or
a portion thereof that is subject to this Notice of Activity and Use Limitation,the Notice of Activity and
Use Limitation shall be incorporated either in full or by reference into all future deeds, easements,
mortgages,leases, licenses,occupancy agreements or any other instrument of transfer.Within 30 days of
so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered,a copy
of such deed shall be submitted to the Department of Environmental Protection.
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L.c.21 E,§6 and 310 CMR 40.0000
Disposal Site Name:Commercial Property.355-373 Highland Ave..Salem,MA 01970
DEP Release Tracking No.(s): 3-37432&3-38120
This Notice of Activity and Use Limitation ("Notice") is made as of this_day
of 2024 by Berman Properties LLC, 220 Highland Avenue, Salem,
Massachusetts 01970 together with his/her/its/their successors and assigns(collectively"Owner").
WITNESSETH:
WHEREAS, Berman Properties LLC is the owner in fee simple of those certain
parcel(s)of land located in Salem.Massachusetts,Essex County,Massachusetts with the buildings
and improvements thereon,pursuant to a deed recorded with the Southern Essex County Registry
of Deeds in Book 40808 Page 445,
WHEREAS,said parcel(s)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 the Southern Essex
County Registry of Deeds in Plan Book 40808.Plan 432;
WHEREAS,the Property comprises all 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 Property subject to this
Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the
limits of the Property and to the extent such boundaries have been established. Exhibit B is
attached hereto and made a part hereof;
WHEREAS,one or more response actions have been selected for the Disposal Site in
accordance with M.G.L. c. 21E ("Chapter 21E") 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/or (b) the restriction of certain
activities occurring in,on,through,over or under the Property. A description of the basis for such
restrictions, and the oil and/or hazardous material release event(s) or site history that resulted in
the contaminated media subject to the Notice of Activity and Use Limitation
iimitation its attacheeIIdI IIhereto as
III IuWI�II�IWIIIIIIl0llll�ld�
MESSEf( #89 Bk;4W Pg;109
04/10/2024 11:39 NOTC ALL PO 1/20
Massachusetts Contingcncy Plan(310 CMR 40.0000)Activity and Use Limitation Forma,of ecaive March 1,2024.
Exhibit C and made a part hereof;and
WHEREAS, attached hereto as Exhibit D pursuant to 310 CMR 40.1074(2)(c) is
documentation consistent with conveyancing standards and practices verifying that the individual
signing this Notice of Activity and Use Limitation has the authority to sign such document;
NOW,THEREFORE, notice is hereby given that the activity and use limitations set forth in this
Notice of Activity and Use Limitation are as follows:
1. Activities and Uses Consistent with Maintainina No Significant Risk Conditions.
The following Activities and Uses are consistent with maintaining a Permanent
Solution and a condition of No Significant Risk and, as such, may occur on the
Property pursuant to 310 CMR 40.0000:
(i) Activities and uses consistent with the current commercial zoning of the
property, not otherwise prohibited herein, and which comply with the
Obligations and Conditions,are permitted;
(ii) Repair,inspection,or maintenance of current utilities;
(iii) Excavation associated with short-term (6 months or less) underground
construction and/or utility installation that is likely to disturb soil at depths greater
than one foot below surface grade provided that it is conducted in accordance
with a written site-specific work plan prepared by a Massachusetts Department
of Labor Standards- Licensed Asbestos Abatement Project Designer and an AQ
36 Application for Non-Traditional Asbestos Abatement Work Practice Approval
(NTWP). The NTWP must be approved by the Massachusetts Department of
Environmental Protection prior to initiation of any proposed work. Additionally,
a Soil Management Plan must be prepared by a Licensed Site Professional. A
Health and Safety Plan must also be prepared and implemented in accordance
with Obligations(i)through(iii)of the Notice prior to the commencement of such
activity;
(iv) Below grade activities that occur at depths less than 1.0 foot below ground
surface, including but not limited to, demolition of the existing building,
demolition of the existing building foundation, soil excavation, removal or
installation of pavement or other hardscape, underground utility repair and
installation and/or construction activities;
(v) Such other activities or uses which, in the Opinion of a Licensed Site
Professional,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; and
(vi) Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses Inconsistent with maintaining No Significant Risk Conditions.
Mmachu tes Contingency Plm(310 CMR 40.0000)Activity and Uae Limitation Forms,effective March 1,2024.
2. Activities and Uses Inconsistent with Maintaining No Significant Risk Conditions.
The following Activities and Uses are inconsistent with maintaining a Permanent
Solution and a condition of No Significant Risk pursuant to 310 CMR 40.0000,and,
as such,may not occur on the Property:
(i) Use of the Property as residence, school, nursery, child day care center,
recreation area, recreational area, or other use where a child's frequency and/or
intensity of use would be considered"high",as defined at 310 CMR 40.0993;
(ii) Any subsurface activity including, but not limited to, soil excavation,
construction and/or demolition which is likely to result in contact with,disturbance
of, and/or handling of soil at depths greater than 1.0 foot below existing grade,
without prior preparation of a Soil Management Plan prepared by a Licensed Site
Professional and the preparation of the Health and Safety Plan. The Health and
Safety Plan should be prepared by a certified Industrial Hygienist or other
qualified individual appropriately trained in worker procedures and requirements;
(iii) Relocation of soil from depths greater than 1.0 foot below ground surface
to depths less than 1.0 foot below ground surface and/or relocation of soil from
depths greater than 1.0 foot and/ or groundwater from within the disposal site
boundaries to areas outside the disposal site boundaries without prior development
and implementation of a Groundwater Management Plan and/or Soil Management
Plan prepared by a Licensed Site Professional;and
(iv) Use of the property for growing food for human and/or animal
consumption.
3. Obligations and Conditions. The following obligations and/or conditions are
necessary and shall be undertaken and/or maintained at the Property to maintain a
Permanent Solution and a condition of No Significant Risk:
(i) A Soil Management Plan must be prepared by a Licensed Site Professional
prior to the commencement of any activity which is likely to involve excavation,
grading, disturbance, and/or contact with soil from greater than 1.0 feet below
current ground surface. The Soil Management Plan should describe appropriate
soil management,characterization,storage,treatment,and disposal procedures;
(ii) An AQ 36 Application for Non-Traditional Asbestos Abatement Work
Practice Approval(NTWP)accompanied by a written site-specific work plan must
be prepared by a Massachusetts Department of Labor Standards- Licensed
Asbestos Abatement Project Designer prior to the commencement of any activity
which is likely to involve excavation, grading, disturbance, and/or contact with
soil from greater than 1.0 feet below current ground surface. The NTWP must be
approved by the Massachusetts Department of Environmental Protection prior to
Massachusetti Contingency Plan(310 CUR 40.0000)Activity and Use Limitation Forms,effective March 1,2024.
initiation of any proposed work. The NTWP should describe appropriate soil
management,characterization,storage,treatment,and disposal procedures; and
(v) A Health and Safety Plan must be prepared prior to the commencement of any
activity to be performed at depths greater than 1.0 feet below ground surface which
is likely to cause the need to handle or remove soil during work such as, but not
limited to, utility installation, building demolition, excavation, or building
foundation construction. The Health and Safety Plan should be prepared by a
certified Industrial Hygienist or other qualified individual appropriately trained in
worker procedures and requirements. Workers who may encounter soil should be
appropriately trained on the requirements of the Health and Safety Plan, and the
Health and Safety Plan must remain available on-site throughout the course of the
project.
4. Proposed Changes in Activities and Uses. Any proposed changes in activities and
uses at the Property which may result in higher levels of exposure to oil and/or
hazardous material than currently exist shall be evaluated by a Licensed Site
Professional who shall render an Opinion, in accordance with 310 CMR 40.1080,as
to whether the proposed changes are inconsistent with maintaining a Permanent
Solution and a condition of No Significant Risk. 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 Permanent or Temporary Solution. 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 a Licensed Site Professional in accordance with 310 CMR
40.1080,and without additional response actions,if necessary,to maintain a condition
of No Significant Risk.
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 a Licensed Site Professional in accordance with 310 CMR 40.1080,the
owner or operator 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 future 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 in accordance with 310 CMR 40.1074(5).
Massuchusells Continecncy Plan(110 CMR 40.00110)Activity and Use Limimlion Fors,elfeclive March 1.201_4.
Owner hereby authorizes and consents to the filing and recordation and!or registration
of this Notice, said Notice to becontc effective when executed under seal by the
undersigned Licensed Site Professional, and recorded and/or registered with the
appropriate Registry(ies) of Deeds and/or Land Registration Ofiice(s).
WITNESS the execution hercor under seal this Z � � day of
20�.
r7 e—'
Berms c perttcs. LLC by 8dward Berman, Manager
COMMONWEALfII OF MASSACHUSII I'S
ss
203�\
On this day of VkV( \ 2024, before mc, the undersigned notary public.
personally appeared E..atj�Att\iW 1 (name of document signer),
proved to me through satisfactory evidence or identification. which were
H4s, d\oSeWS �ydSU[atSrto be the person whose name is signed on the preceding
or attached document. and acknowledged to me that (he) (she) signed it Voluntarily
fin, its stated purpose.
(as partner for a partnership)
(as for a corporation)
(as attorney in fact for . the principal)
(as Managcr I'or Berman Properties LLC, (a) Lim itcd Liability Corporation)
Z � aZwc(official signature and seal of notary)
e-N+ Stefanie L Faria
Notary Public
COMMONWEALTH OF MASSACHUSETTS
,I'.I '1" Idy Commission Expires
( AuausII6.2030
r.�—ev
Massachusetts Contingency Plan(310 CMR 40.0000)Activity and Use Limitation Fortes.cllective March 1.2024.
The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of
Activity and Use Limitation is consistent with a Permanent Solution and maintaining a condition
of No Significant Risk. n
Date: G�I'�1
rRobert H. Bird
n
d - L
R.: • b.
COMMONWEALTH OFMASSACHUSETTS
ss 20d �=1-�{--��
On this day of / 2 ?before me, the undersigned notary public,
personally appeared r O�� (name of document signer),
pryo�v d to me through satisfactory evidence of identification, which, were
" LiG�2 S e, _ to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that (he) (she) signed it voluntarily
for its stated purpose. .
(as partner for a partnership)
(as for a corporation)
(as attorney in fact for , the principal)
(as Licensed Site Professional-of-Rccord for Release Tracking Numbers 3-37432 &
3-33120. (a)(the)Commercial Property,355-373 Highland Ave..Salem MA 01970)
official signature and seal of notary)
Upon recording, return to:
Mr. Edward Berman, Manager SEAN P. KENNEDY
Berman Properties LLC ® 1Yolary Fubifc
COYIONwEN.TH pf WSSACNUSETTS
220 Highland Ave. M, commluwn Exom
Salem, MA 01970 2. 20M
EXHIBIT A
Legal Description of the Land Subject to the AUL
355-373 Highland Avenue
Salem,Massachusetts 01970
PARCEL ONE: (355 Highland Avenue)
FIRST PARCEL:
NORTHWESTERLY by Highland Avenue two hundred six and 13/100(206.13)feet;
NORTHEASTERLY by land now or formerly of Charles E. Hinckley ninety seven and 25/100
(97.25)feet;
SOUTHEASTERLY by lot 303-A,as shown on plan hereinafter mentioned,one hundred eighty-
nine and 24/100(189.24)feet;and
SOUTHWESTERLY by Cedar Road one hundred nineteen and 52/100 (119.52)feet.
All of said boundaries are determined by the Court to be located as shown upon Plan numbered
7159-B,drawn by Eastman&Bradford,Surveyors,dated May 1, 1918,as modified and approved
by the Court, filed in the Land Registration Office, a copy of portion of which is filed original
Certificate of Title 3862 in said Registry, and the above described land is shown thereon as Lot
303, Sheet 1,on said Plan.
SECOND PARCEL:
SOUTHWESTERLY by Cedar Road one hundred twenty one and 48/100(121,48);
NORTHWESTERLY by lot 303, as shown on said plan, one hundred eighty nine and 24/100
(189.24) feet;
NORTHEASTERLY by land now or formerly of Charles E. Hinckley one hundred twenty three
and 03/100 (123.03)feet;and
SOUTHEASTERLY by lot 305, as shown on said plan, one hundred sixty nine and 79/100
(169.79)feet.
Being shown as Lot 303-A, Sheet 1,on said Plan.
PARCEL TWO: (3-5 Cedar Road)
FIRST PARCEL:
Those parcels in the County of Essex and Commonwealth of Massachusetts, bounded and
described as follows:
Lot 305, Sheet 1, shown on Plan Numbered 7159-B,filed with Certificate of Title 3862
The above described land is determined by the Court to be located as shown upon plan numbered
7159-13,drawn by Eastman&Bradford,Surveyors,dated May 1, 1918,as modified and approved
by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with
original Certificate of Title 3862,and shown as Lot 305, Sheet 1,on last mentioned Plan.
SECOND PARCEL:
Lot 307, Sheet 1,shown on Plan Numbered 7159-B,filed with Certificate of Title 3862
The above described land is determined by the Court to be located as shown upon plan numbered
7159-B,drawn by Eastman&Bradford, Surveyors,dated May 1, 1918,as modified and approved
by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with
original Certificate of Title 3862, and shown as Lot 307, Sheet 1,on last mentioned Plan.
PARCEL THREE: (2 Cedar Road)
NORTHWESTERLY by Highland Avenue, one hundred seventeen and 59/100 (117.59) feet;
NORTHEASTERLY by Cedar Road, one hundred fifty (150) feet;
SOUTHEASTERLY by lot 304, as shown on plan hereinafter mentioned, one hundred thirty one
and 18/100(131.18)feet; and
SOUTHWESTERLY by lot 300,as shown on said plan,one hundred fifty five and 88/100(155.88)
feet.
All of said boundaries are determined by the Court to be located as shown on a plan numbered
7159-B,drawn by Eastman&Bradford, Surveyors,dated May 1, 1918,as modified and approved
by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with
original Certificate of Title#3862 in said Registry,and the above described land is shown as Lots
#301 and#302, Sheet 1,thereon.
PARCEL FOUR: (373 Hiahland Avenue and 6 Cedar Road)
FIRST PARCEL:
That certain parcel of land with the buildings thereon situate in Salem,in the County of Essex and
Commonwealth of Massachusetts,bounded and described as follows:
NORTHWESTERLY by Highland Avenue,one hundred fifty and 14/100(150.14)feet;
NORTHEASTERLY by lots 301, 304, 306,308 and 310,as shown on plan hereinafter mentioned
five hundred eighty four and 3/100 (584.03) feet;
SOUTHEASTERLY by lot 318,as shown on said plan,one hundred fifty (150) feet;and
SOUTHWESTERLY by lot 319, as shown on said plan, five hundred seventy seven and 57/100
(577.57) feet.
All of said boundaries are determined by the Court to be located upon plan numbered 7159-B,
drawn by Eastman & Bradford, surveyor, dated May 1, 1918, as modified and approved by the
Court, filed in the Land Registration Office a copy of a portion of which is filed with original
Certificate of Title#3862 in said Registry,and the above land is shown thereon as Lot#300,sheet
1.
Excepting therefrom, Parcel 300B, containing 34,641 *S.F., as shown on plan entitled "Plan of
Land, Cedar Road, Salem, Massachusetts, prepared by Beals & Thomas, Inc., dated October 28,
2021, endorsed as "Approval Under Subdivision Control Law Not Required" by the Salem
Planning Board and recorded with Essex South District Registry of Deeds herewith (the "ANR
Plan").
SECOND PARCEL:
Lots 304&306 shown on Plan 7159-B, Sh 1,filed with Certificate of Title 82998
The above described land is determined by the Court to be located as shown on a plan numbered
7159-13, Sheet 1, drawn by Eastman& Bradford, Surveyors, dated May 1, 1918, as modified and
approved by the Court, filed in the Land Registration Office,a copy of a portion of which is filed
with the original Certificate of Title 3862,and the above described land is shown as Lots 304 and
306 thereon.
PARCEL FIVE: (10 Cedar Road,Salem,MA)
That certain parcel of land shown as Lot 308 on a plan entitled"Salem Heights Subdivision Plan
of Land in Salem, Scale 50 feet to an inch,May 1, 1918 Eastman& Bradford Surveyors"a copy
of which was received and filed with Certificate No. 3862 in the Land Registration Office of the
Essex South Registry District,bounded and described as follows:
NORTHEASTERLY by the southwestem side of Cedar Road on two courses, forty-three and
9/100(43.09) feet and one hundred ten and 33/100(110.33)feet, respectively.
SOUTHERLY by Lot 310 on said plan, one hundred twenty-seven and 7/10(127.7) feet;
SOUTHWESTERLY by lot 300 on said plan,one hundred three and 8/100(103.08)feet;and
NORTHWESTERLY by Lot 306 on said plan,one hundred forty-eight and 84/100(148.84)feet.
Excepting therefrom,Parcel 308B,containing 9,711 S.F.+,as shown on the ANR Plan.
Also,all rights of Grantor in and to Cedar Road,as depicted on the above-referenced plans and as
described in the Cedar Road Relocation Agreement recorded herewith and on the plan entitled
"Subdivision Modification Plan of Land, Highland Ave at Cedar Road, Salem, Massachusetts,"
prepared by Beals+Thomas,Inc.,dated February 2,2022,recorded herewith.
For title, see the following deeds:
A. Parcel One(355 Highland Avenue)
Deed from Robert A.Lees and Claire J.Lees,dated February 13,2015,and filed as Document No.
559366, Certificate of Title No. 88220, Book 516, as affected by Order for Withdrawal from
Registration recorded in Book 36097,Page 146,and filed as Document No. 585229.
B. Parcel Two(3-5 Cedar Road)
First Parcel: (Lot 305)
Deed from Robert A. Lees and Claire J.Lees,dated February 13,2015,and filed as Document No.
559370, Certificate of Title No. 88221, Book 516, as affected by Order of Withdrawal from
Registration recorded in Book 36097,Page 149,and filed as Document No. 585230.
Second Parcel: (Lot 307)
Deed from Robert A. Lees and Claire J. Lees dated February 13,2015 and filed as Document No.
559375, Certificate of Title No. 88222, Book 516, as affected by Order of Withdrawal from
Registration recorded in Book 36097, Page 152,and filed as Document No. 585231.
C. Parcel Three(2 Cedar Road)
Deed from Roberta J. Williams,Personal Representative of Estate of Dominic Ingemi,dated April
27,2015,recorded in Book 34030,Page 95 and filed as Document No. 561312,Certificate 88389,
Page 517, as affected by Order of Withdrawal from Registration recorded in Book 36097, Page
155 and filed as Document No. 585232.
D. Parcel Four(373 Highland Avenue and 6 Cedar Road)
First Parcel: (373 Highland Avenue)
Deed from Kimberly L. Kelly,Trustee of the Cedar Road Trust,dated March 2,2015 and filed as
Document No. 561325, Certificate of Title 49880,Book 227, as affected by Order of Withdrawal
from Registration recorded in Book 36097,Page 158,and filed as Document No. 5852333.
Second Parcel: (6 Cedar Road)
Deed from Paulie Anne Craves et al, dated March 27, 2015 and filed as Document No. 561321,
Certificate of Title 82998, Book 463, as affected by Order of Withdrawal from Registration
recorded in Book 36097,Page 158 and filed as Document No. 585233.
E. Parcel Five(10 Cedar Road)
Deed from Kimberly L. Kelly,Trustee of the Cedar Road Trust,dated March 2,2015 and
recorded in Book 34030,Page 93.
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EXHIBIT C
Activity and Use Limitation
Commercial Property
Berman Properties LLC
355-373 Highland Avenue
Salem,Massachusetts 01970
Release Tracking Numbers 3-37432&3-38120
In accordance with the requirements of 310 CMR 40.0174,this Activity and Use Limitation(AUL)
Opinion has been prepared for the entire parcel of land currently owned by Berman Properties
LLC located at 355-373 Highland Avenue, Southern Essex County, Massachusetts 01970,
hereinafter referred to as the"Property". A metes and bounds description of the entire parcel that
is recorded with the Southern Essex County Registry of Deeds has been provided as Exhibit A.
A sketch plan showing the boundaries of the area subject to this AUL in relation to the boundaries
of the disposal site and the property boundaries is provided as Exhibit B. As shown on Exhibit
B, the boundaries of the area subject to this AUL are contained entirely within the property
boundaries. Other parcels or properties were not affected by this release(s). The entire disposal
site is identified in the Massachusetts Department of Environmental Protection (MassDEP)
database under Release Tracking Numbers(RTNs)3-37432& 3-38120.
Statement Specifying Why an Activity and Use Limitation is Aonrovriate
An Activity and Use Limitation (AUL) is appropriate to maintain a Permanent Solution and
Condition of No Significant Risk (NSR) at the Property based on the results of soil and
groundwater sampling performed at the Property and the results of a Method 3 Risk
Characterization. Concentrations of oils and/or hazardous materials (OHM)measured in site soil
and groundwater do not pose a significant risk to site workers, construction workers and utility
workers,and/or site visitors for current redevelopment and future commercial use of this Property.
Those Activities and Uses Consistent with Maintaining a Condition of NSR were previously
identified on Form 1075. Concentrations of OHM in soil greater than 1.0 feet below ground
surface (bgs) and soil that has been emplaced in underground utility corridors do not pose a risk
for any foreseeable activities including commercial, construction,and/or utility work.
As specified in the AUL, activities that will result in the contact,disturbance, and/or handling of
soil that is encountered at depths below 1.0 foot throughout this Property, except soil in existing
utility corridors,must be conducted in accordance a written site-specific work plan prepared by a
Massachusetts Department of Labor Standards- Licensed Asbestos Abatement Project Designer
and an AQ 36 Application for Non-Traditional Asbestos Abatement Work Practice Approval
(NTWP). The NTWP must be approved by the Massachusetts Department of Environmental
Protection(MassDEP)prior to initiation of any proposed work. Additionally,a Soil Management
Plan(SMP)must be prepared by a Licensed Site Professional and a Health and Safety Plan(HASP)
must be prepared by a qualified individual. The implementation of a NTWP, SMP, and a HASP
will ensure a condition of NSR is maintained for the foreseeable future by managing potential risks
associated with soil at depths greater than 1.0 feet bgs. The AUL also includes provisions to ensure
that the Property is not used for residential purposes and restricts the presence of children.
As described, implementation of an AUL is required and will ensure that a condition of NSR can
be maintained for the foreseeable future. Therefore,an AUL is appropriate for this Disposal Site.
Site History.Description of Release.Summary of Response Actions.and Results of Response
Actions
The Disposal Site was originally developed in the early 1920s with three residences. The Disposal
Site included two single-family residences(1 and 3 Cedar Road)up until 2017,when the structures
were demolished. (I Cedar Road was eventually changed to 2 Cedar Road). The parcel at 355
Highland Avenue was originally used as a residence but additional and subsequent uses included
an egg and poultry farm in the 1950s, a palm and tarot card reading establishment in the 1980s,
and a garden center from approximately 1995 to 2017. Additionally,a storage company occupied
small buildings on Cedar Road from 1960 to 1975 and then Ace Paving&Roofing operated out
of the 355 Highland Avenue parcel from 1994 to 2014. In 2017, all the structures were razed and
until 2023 when redevelopment commenced,the Site has consisted of undeveloped vegetated land.
According to records reviewed at the MassDEP Underground Storage Tank(UST)database,USTs
have not been reported at the Site. However, prior to current redevelopment, former residences
used fuel oil for heating purposes from above ground storage tanks (ASTs). All ASTs and
associated piping were cleaned, cut, removed, and disposed of off-site. The date(s) of release(s),
the extent of release(s), and release(s)volumes are unknown.
In November 2017, releases of asbestos to soil were identified during pre-demolition activities
around the former residences at 2 Cedar Road and 3 Cedar Road. MassDEP was notified of the
release and issued RTN 3-34643. An Immediate Response Action Completion (IRAC) and
Permanent Solution Statement with No Conditions (PNC) were submitted to the MassDEP on
November 26,2018,which documented indoor and outdoor asbestos abatement activities.Outdoor
abatements in the form of soil and debris excavation occurred at two areas on the 2 Cedar Road
parcel and at one area on the 3 Cedar Road parcel. Approximately 202 cubic yards of asbestos
containing material(ACM)and asbestos-containing soil(ACS)were removed from the three areas
and were disposed of site at an approved facility. The IRACIPNC documented findings of a
Method 1 Risk Characterization and concluded a condition of NSR was achieved.
Concentrations of extractable petroleum hydrocarbon (EPH) target analytes and metals in soil
samples collected from four of five test pits during the February 3, 2021, Limited Subsurface
Investigation exceeded applicable Massachusetts Contingency Plan (MCP) RCS-1 reportable
concentrations. On behalf of Berman Properties,LLC.,EnviroTrac Ltd.of Sharon,Massachusetts
(EnviroTrac)notified MassDEP of the 120-day reporting conditions on April 29,2022. MassDEP
assigned RTN 3-37432 to the release on June 2,2022.
On May 4,2023,during a site inspection,potential friable asbestos was noted in soil stockpiles at
the Site and samples were collected for laboratory analysis. Laboratory results were received on
May 8, 2023, and confirmed the presence of friable asbestos in soil (ACS). Notification of a
condition requiring an Immediate Response Action(friable asbestos within 500 feet of a residential
property)was provided on May 8,2023,as required by the MCP. RTN 3-38120 was assigned by
MassDEP.
Results of groundwater sampling performed in 2019 and 2021 indicated that concentrations of all
detected compounds were below applicable Method 1 GW-2 and GW-3 groundwater standards.
Therefore, groundwater is not considered a media of concern with respect to this Disposal Site.
Non-aqueous phase liquid (NAPL)was not found to be present in any soil and/or groundwater at
the Property.
Significant response actions were implemented at the Property in 2023 to remove metals, PAHs,
and ACS to support site redevelopment and allow beneficial commercial reuse of the Property.
Completed response actions have included: excavation and off-site disposal of approximately
16,628 tons of soil from throughout the Property,emplacement of a geotextile demarcation barrier
above soil that remains present on the Property,emplacement of a minimum of one-foot of clean
fill above the demarcation barrier under the building and under pavement, emplacement of a
minimum of three feet of clean fill above the demarcation barrier in landscaped areas of the
Property, the lining of the floor and sides of all utility trenches with the demarcation barrier, the
emplacement of a minimum of one foot of clean fill under all utilities on the Property, and the
emplacement of clean fill beside and above all utilities on the Property.
Results of soil sampling, conducted after remediation indicate that a condition of NSR has been
achieved at the Disposal Site for human health and the environment and can be maintained for the
foreseeable future via implementation of an AUL.
Descriation of Contaminated Media Subject to this Notice of AUL
Results of post remedial site assessment of soil conducted at the Property indicate that residual
metals, PAHs, and/or asbestos (collectively referred to as Compounds of Concern or COCs) in
soils between current ground surface and a depth of 1.0-foot bgs and within existing utility
corridors are consistent with a condition of NSR for unrestricted current and future site uses and
activities. COCs are conservatively presumed to be present at depths between 1.0 and 15 feet bgs
throughout the entire Property at concentrations that require the obligations and conditions within
the attached AUL be followed to maintain a condition of NSR.
Results of groundwater sampling at the Property conducted in 2019 and 2021, prior to the
completion of remediation indicated that concentrations of all detected compounds were below
Method 1 GW-2 and GW-3 groundwater standards. Therefore, groundwater is not considered a
media of concern for this AUL.
Maintaining a Permanent Solution and Condition of No Significant Risk
A complete description of Site Activities and Uses that are consistent with maintaining a
Permanent Solution and condition of NSR; a description of Site Activities and Uses that are
inconsistent with maintaining a Permanent Solution and condition of No Significant Risk; and a
complete description of the obligations and/or conditions that are necessary to meet the objectives
of this Notice of AUL are provided in Form 1075.
The undersigned Licensed Site Professional hereby certifies that in his Opinion this Exhibit C,
Activity and Use Limitation Opinion, is consistent with 310 CMR 40.1074(1)(b), 310 CMR
40.1074(Ixb)(1),and 310 CMR40.0015(1).
Sincerely,
Date: February 12,2024
Robert H. Bird, LSP# 8972
Senior Principal Consultant
SLR International Corporation
225 Cedar Hill Street, Suite 200
Marlborough,Massachusetts 01752
EXHIBIT D
Activity and Use Limitation
355-373 Highland Avenue
Salem,Massachusetts 01970
Documentation of Signature Authority
I,Edward Berman,hereby certify that I am the Manager of Berman Properties,LLC and
am duly authorized to sign this Activity and Use Limitation on behalf of Berman Properties,
LLC. A true and accurate copy of the Certificate of Organization filed with the Massachusetts
Secretary of State is attached designating me as Manager of Berman Properties, LLC and as a
person authorized to sign real estate documents on behalf of the LLC.
BcnnV,Properties, L C
Edward Be an er
dot
CERTIFICATE OF ORGANIZATION OF
Berman Properties, LLC
Federal ID No. applied for
The undersigned, being authorized to executed and file this Certificate for
the purposed of forming a Limited Liability Company under the laws of the
Commonwealth of Massachusetts, hereby certifies as follows:
1. Nam of the comaanY. The name of the Limited Liability Com-
pany (the'Companyh is Herman Properties, LLC.
2. Office of the t+m „v. The address of the office of the Company
at which its records wc71 be maintained is 7 Essex Park Road,
Essex, MA 01929
3. Bujj„M of the COm The general character of the company
business is to own and develop commercial real estate throughout
New England, and to otherwise engage in any lawful act or activity
for which limited liability companies may be organized under
Chapter 156C of the Massachusetts General Laws.
4. Date of Dissolution. Not applicable.
5. ant for Graces of process The name and business address of
the agents for service of process is:
JE ' S 20 NAME BUSINESS ADDRESS
SEWW of US Edward Berman 7 Essex Park Road, Essex, MA 01929
Ru
6, Managem Edward Berman
7, F+=ution of Documents The name and business address for
each person who is authorized to execute documents to be filed
with the Corporations Division of the Office of the Secretary of the
Commonwealth is as follows:
NAME BUSINESS ADDREQS
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Edward Berman 7 Essex Park Road, Essex, MA 01929
.�..,," Kerry Berman 7 Essex Park Road, Essex, MA 01929
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S, Execution of Documents Relating to Real Propci tv The name and
business address of each person who is authorized to execute,
aclmowledge, deliver and record any recordable instrument on
behalf of the Company purporting to affect an interest in real
property,whether to be recorded with a registry of deeds or a
district office of the Land Court is as Follows:
NAME BUSINESS ADDRESS
Edward Berman 7 Essex Park Road, Essex, MA 01929
Kerry Berman 7 Essex Park Road, Essex,MA 01929
IN WITNESS WHEREOF, we have signed this Certificate of Organization and
adenowledged it to be our act this io'Ki day of k.vL i a."j , 12004.
G
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Edwardternian, Authorized Agent
'xerry Berman, Authorized Agent
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The Commonwealth of Massachusetts
Limited Liability Company
(General Laws, Chapter 156C)
Filed this day of February 2004.
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