16, 18, 20, AND 20R FRANKLIN STREET NOTICE OF AUL 30 Shrewsbury Street
v erdantas RECEIVED Holden, MA 01520
NOV 12 2025 November 5, 2025
Mayor Dominick Pangallo CITY OFSALEM
Mayor's Office BOARD OF HEALTH
93 Washington Street, Salem City Hall
Salem, MA 01970
RE: Notice of Activity and Use Limitation
16, 18, and 20R Franklin Street and Parcel B of 20 Franklin Street
1 Blue Sky Drive
Salem, Massachusetts
MADEP Release Tracking Number 3-0036220
To Whom it May Concern:
In accordance with the Public Involvement requirements of the Massachusetts Contingency Plan,
310 CMR 40.0000, please accept this letter as notification that Notice of Activity
and Use Limitation (AUL) has been recorded for the property located at 16, 18, and
20R Franklin Street and Parcel B of 20 Franklin Street in Salem, Massachusetts (the "Property").
A copy of the AUL is enclosed.
The purpose of the AUL is to provide notice to current and future Property owners about the
presence of lead, arsenic, and other constituents in soil so that appropriate measures can be
taken to manage potential future exposure. Implementation of this AUL is necessary to ensure
that a complete exposure pathway to subsurface soil containing lead, arsenic, and other
constituents does not exist for future occupants of the Property.
If you have questions or would like to discuss the project, please contact me at 508-829-6000
Sincerely,
Verdantas LLC
Kerry Tull, P.G.,k L.S.P.
Division Leader
Attachments: Notice of Activity and Use Limitation
cc: Salem Board of Health
Salem Planning Board
Salem Building Department
Verdantas.com
Massachusetts Contingency Plan(310 CMR 40.0000)Activity and Use Limitation Fonns,effective March 1,2024. II II III I III I III )I IIIII I(I I IIIII (�II III III
SO.ESSEX#384 Bk:43001 Pg:365
10l10t2025 03:33 PM NOTC AUL Pg=3
eRecarded
rorm 1075
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.21E,§6 and 310 CMR 40.0000
Disposal Site Name: 16 18.20K.and Parcel B of 20 Franklin Street,Salem.MA _
DEP Release Tracking No.(s): 3-36220'
This Notice of Activity and Use Limitation("Notice")is made as of this 11 day of��, Z025,
by Bay View Station,LLC,a Limited Liability Company organized under the laws of the State of Massachusetts,
having its principal office at 886 Hale Street,Beverly,Massachusetts,together with its successors and assigns
(collectively"Owner").
WITNESSETH:
WHEREAS, B ay V i e w S t a t i o n. I,L C ,is the owner in fee simple of those certain
parcels of land located in Salem, Essex County,Massachusetts with the buildings and improvements
thereon, pursuant to a deed recorded with the Southern Essex Registry of Deeds in Book 39684 ,Page
479, Book 39684 Page 481,and Book 39212,Page 116;
WHEREAS, said parcels 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 Registry of Deeds in Plan Book 39684,Plan 476;
WHEREAS,the Property comprises all a disposal site as the result of releases 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, and the location of any Engineered Barriers, permanent caps, Active
Exposure Pathway Mitigation Measures or other barriers or systems subject to the provisions of this Notice of
Activity and Use Limitation. 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 is attached
hereto as Exhibit C and made a part here-of,
Form 1075: continued
[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 individuals signing this Notice of Activity
and Use Limitation have 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:
i. Activities and Uses Consistent with Maintainine 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)Residential use under central management,including condominium and apartment housing,
playground,or playing field recreational area provided access to soils is restricted by surface
cover consisting of pavement,concrete or the emplacement of three feet of clean fill in the area
100'west from coastal bank,and one and one-half(1.5)feet of clean fill in the area from the
coastal bank to 100,west,Parcel B of 20 Franklin Street,and the area of the northwest comer
below 10 feet mean sea level;
(ii)The cultivation of fruits and vegetables for human consumption in aboveground containers or
raised beds without the use of soils at the Property;
(iii)Landscaping and routine maintenance of landscaped areas as long as such activities do not
involve excavation of subsurface soils below the geotextile liner;
(iv)Maintenance,including replacement of surface materials such as asphalt paving,such that
removal of such surfaces is limited to the material to be replaced and the underlying soil is not
disturbed and where the surface material is immediately repaired or replaced with a comparable
material;
(v)Any other public,commercial,or industrial construction activities and uses that do not cause
and/or result in direct contact with,disturbance of,and/or relocation of the contaminated soil
located beneath the geotextile liners,and/or directly below the impervious surfaces(pavement);
(vi)Excavation associated with non-emergency underground utility and/or construction,which is
likely to disturb contaminated soil,provided that it is conducted in accordance with a Soil
Management Plan(SMP)and a Health and Safety Plan(HASP)prepared and implemented in
accordance with Obligations and Conditions(iii)and(iv);
(vii)Emergency excavation and repair of existing subsurface;
(viii)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
(ix)Such other activities and uses not identified in Paragraph 2 as being Activities and Uses
Inconsistent with maintaining No Significant Risk Conditions.
2. Activities and Uses Inconsistent with Maintainina? 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)Residential uses not under central management including but not limited to,one family or
two-family dwellings,tenement homes,mobile homes,lodging houses,nursing or rest homes,or
dormitories
(ii)Agricultural uses,including but not limited to tilling and planting of gardens or crops from
human consumption,unless crops are grown in raised bed planters;
T �
(iii)Institutional uses,including but not limited to public or private schools and day care
facilities;
(iv)Activities or uses which are likely to involve the removal and/or disturbance of the
contaminated soil located beneath the geotextile liners and/or beneath impervious surfaces
(pavement)at the Property with the exception of underground utility and/or construction work
carried out in accordance with the Conditions set forth under Paragraph 3,unless an LSP renders
an Opinion which statethat a level of No Significant Risk is maintained at the site consistent
with the MCP;
(v)Any use or activity that may involve direct ongoing contact to the contaminated soil located
beneath the geotextile liner,and/or beneath impervious surfaces(pavement),or any use or
activity that may not comply with the Conditions set forth under Paragraph 3;and
(vi)Such other activities and uses not identified in Paragraph 2 of the AUL but identified as
being Activities and Uses inconsistent with maintaining No Significant Risk Conditions.
3. Obli�.ations 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)The constructed barriers within the AUL area must be maintained and must be inspected on
at least an annual basis to confirm their ability to effectively prevent exposure(s)to underlying
contaminated soils through direct contact,ingestion,and/or inhalation.The contaminated soil is
currently beneath constructed barriers that are designated to be a"marker"layer.The
constructed barrier consist of either(a)one and one-half feet of clean soil above a geotextile
marker in the landscaped areas and referenced on the Sketch Plan in Exhibit B as the Outfield;
or(b)three feet of clean soil above a geotextile marker layer in the landscaped area and
referenced on the Sketch Plan in Exhibit B as the condominium area or(c)below buildings
constructed on the site or(d)impervious surfaces(pavement)as shown on said Sketch Plan.
(ii)The constructed barriers,as described in 3(i),must be maintained,repaired,and/or replaced
as necessary with a comparable barrier,to prevent exposure(s)to underlying contaminated soils
(through direct contact,ingestion,and/or inhalation).
(iii)A Soils Management Plan(SMP)must be prepared by an LSP and implemented prior to the
commencement of any activity which is likely to disturb contaminated soil beneath the
constructed barriers within the AUL Area.The SMP should describe appropriate soil
excavation,characterization,handling,storage,transport,and disposal procedures and include a
description of the engineering controls and air monitoring procedures necessary to ensure that
workers and receptors in the vicinity are not affected by fugitive dust or particulates.On-site
workers who may come into contact with the contaminated soil should be appropriately trained
on the requirements of the SMP,and the plan must be available on-site throughout the course of
the project.
(iv)A Health and Safety Plan(HASP)must be prepared by a Certified Industrial Hygienist or
other qualified professional sufficiently trained in worker health and safety requirements and
implemented prior to the commencement of any activity which is likely to disturb contaminated
soil located beneath the constructed barriers within the AUL Area.The HASP should specify the
type of personnel personal protection(i.e.,clothing,respirators,etc.),engineering controls,and
environmental monitoring necessary to prevent worker exposures to contaminated soil through
dermal contact,ingestion,and/or inhalation.On-site workers who may come into contact with
the contaminated soil should be appropriately trained on the requirements of the HASP,and the
plan must be available on the site throughout the course of the project;and
(v)The contaminated soil located beneath the constructed barriers within the AUL Area may not
be relocated,unless such activity is first appropriately evaluated by an LSP who renders an
Opinion which states that such relocation is consistent with maintaining a condition of No
Significant Risk.
4. Prorosed Changes in Activities and Uses.Any proposed changes in activities and uses at the
Property which may result in higher levels or 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 the Notice shall be satisfied before any such activity
or use is commenced.
5.Violation of a Permanent or Ternporan•Solution.The activities,uses and/or exposures upon which
the 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 who shall render an
Opinion,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 the activities,uses and/or exposure 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 40.1014(5).
Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice,
said Notice to become effective when executed under seal by the undersigned Licensed Site
Professional and recorded and/or registered with the appropriate Registry of Deeds and/or Land
Registration Office. Q�/�
WITNESS the execution hereof under seal this u A day of 025. -
Signature:
Marc Tranos
Owner:Bay View Station,LLC
COMMONWEALTH OF MASSACHUSETTS
Essex, ssti- ,2025
On this day of t -,2025,before me,the undersigned notary public,
personally appeared Marc Tranos proved to fine through satisfactory evidence of
identification,which were/�'4riyejW 4 Q±�— to be the person whose name is
signed on the preceding or attached document,and acknowledged to me that he signed it
voluntarily for its stated purpose as signatory for Bay View Station,LLC.
Scott M.Grover
Notary Public
COMMONWEALTH OF MASUCHUSSM
Ad-�—��—gna ,ire and seal of notary) Ulf My Commission Expires
February 10,2028
The undersigned Licensed Site Professional hereby certifies that in his Opinion this Gert€rr.1,ftff
Notice of Activity and Use Limitation is consistent with a Permanent Solution and maintaining a
condition of No Significant Risk.
Date: 7JZBZ_�;—
Kent'R.Tull,LSP
MT-E OF MATNE �¢�
Cumber�Qv�
2025
On this day of SfV?� ,2025,before me,the undersigned notary
public,personally appeared Kerry R.Tull proved to me through satisfactory evidence of
identification,which were MF--b"tVeA L%C to be the person whose name is
signed on the preceding or attached document,and acknowledged to me that he signed it
voluntarily for its stated purpose
(official signature and seat of notary} 1J.'/IC0" '
Upon recording return to: _
m VBLIG
+p ;
Bay View Station,LLC -� •°riislZ°�
886 Hale Street
Beverly,MA 01915
SO.ESSEX#263 Bk:39212%g116
11123/202010:11 AM DEED Pg T13
EXHIBIT A eRecorded
FL6. ."us Ia FJ(R TAR
't.,E-1 ct OG
ate:11/231202 10:11 AM
ID:M7374 DocX 20201123002630
Fee:$6,384.00 Cons:$1,400,000.00
Quitclaim Deed
1,Edward Ferris,individually,being unmarried,and Edward Ferris,Trustee of the Ferris Trust,
under Declaration of Trust dated November 30, 1985,and pursuant to Trustee Certificate
recorded herewith,of Salem,MA,in consideration.of One Million Four Hundred Thousand
l,� ($1,400,000.00)Dollars
In
GRANT TO Bay View Station LLC, a Massachusetts Limited Liability Company,of 3 Pleasant
V
y, Street, Salem,MA 01970
L
With Q VITCLA IM CO VENANTS
16, 18,and 20R Franklin Street, Salem,MA bounded and described as follows:
16 Franklin Street, Salem MA:
w
The land in said Salem situated on the Easterly side of Franklin Street and bounded and
described as follows:
Beginning at the Northeasterly corner thereof on Franklin Street at other land of Charles K.
Ferris et ux,thence running Southwesterly by Franklin Street,Seventy-eight and twenty-eight
hundredths(78.28)feet to a point at other land of James J.Anketell,shown as Lot A on a plan of
land hereinafter referred to;thence running Southeasterly by said Lot A Forty-Five(45)feet to a
point;thence running Southerly by said Lot A,Two Hundred fifty-three and nineteen hundredths
(253.19)feet to the North River;thence running Northeasterly by said North River,Twenty-Four
and Seventy-Four Hundredths(24.74)feet to a pint;thence running Southeasterly by said North
River,Five and thirteen hundredths(5.13)feet to a point;thence thence running Northeasterly
again by said North River,Thirty-Five and Fifty hundredths(35.50)feet to other land of Charles
K.Ferris et ux;thence running Northwesterly by said land of Ferris,two hundred thirty-five and
seventeen hundredths(23 5.17)feet to a point;thence running Northerly by said land of Ferris,
Thirty-Seven and sixty-five hundredths(37.65)feet to a point;thence running westerly by said
land of Ferris,One and sixty-two hundredths(1.62)feet to a point;thence running Northwesterly
by said land of Ferris,Sixty-Two and sixty-five hundredths(62.65)feet to Franklin Street and
point of beginning.
1
i
Being shown as Lot B on Plan of Land of James J.Anketell,Salem,Mass.,Jan. 1959,Edwin T.
Brudzynski,Surveyor,recorded with Deed to Charles K.Ferris and.Elizabeth F.Ferris,as
husband and wife,as tenants by the Entirety from James J.Anketell dated December 31, 1958
and which plan is recorded in the Essex South Registry of Deeds in Book 4537,Page 245.
18 Franklin Street,Salem MA
A parcel of land with the buildings thereon situated on Franklin Street in said Salem bounded
and described as follows:
westerly by said Franklin Street on two courses,22 feet more or less and 49.6 feet more or less
respectively;Northeasterly by land of the City of Salem 69 feet more or less respectively;
Easterly by land of the City of Salem, 34.5 feet more or less;and Southerly by land now or
formerly of Harmon,45.5 feet more or less.
The same premises are shown upon the plan entitled"Adjustment of Boundaries by the City of
Salem and A. Sidney Galper,Salem,Massachusetts,Scale I in.=20 ft.,October, 1941,Thomas
A.Appleton,C.E."
20R Franklin Street,Salem MA
A certain parcel of land situated off Franklin Street in said City of Salem which is more
particularly bounded and described as follows:
Beginning at a point at Iand of City of Salem,Park Department,and land of Ferris Thence
running Southerly by land of said land of Ferris thirty-four and 73/100(34.73)feet;thence
turning and running Easterly by land of George H.Griswold seventeen and 151100(17.15)feet;
thence running Northeasterly one and 62/100(1.62 feet by said land of Griswold;thence running
Southeasterly by said land of Griswold thirty-seven and 651100 feet(37.65)feet;thence turning
more Southeasterly by said land of Griswold two hundred thirty-five and 17/100(235.17)feet;
thence running Northeasterly by the North River fifty-eight and 84/100(58.84)feet;thence
running Northwesterly on top of banking of the North River one hundred forty-three and 85/100
(143.85)feet;thence running more Northwesterly by the North River about one hundred(100)
feet;thence turning and running Southwesterly by land of City of Salem,Park'Department,about
two hundred seventy-seven(277)feet to the point of beginning.
The above described parcel being shown on a plan entitled"Land of the City of Salem,Franklin
Street,Salem,Mass.,Scale 1 in=40'Ft.June 1952,Edwin T.Brudzynski,Registered Surveyor."
For Grantors'Title,see deeds recorded with the Essex South Registry of Deeds at Book
8042,Pages 233,235,237,239,229,and 227.
The Grantors state that this is not homestead property.
2
}
Executed as a sealed instrument this ! day of November,2020.
41
Edward Ferris,Individually
Ferris Trust
By:Edward Ferris
Its: Trustee
COMMONWEALTH OF'MASSACHLISETTS
K SS.
On this tqT'—�_day of November,2020,before me,the undersigned notary public,personally
appeared the above-named Edward Ferris individually and as Trustee of the Ferris Trust,anc
proved to me through satisfactory evidence of identification,which was -D--f E'i� t A&I
to be the person whose name is signed on this document,and acknowledged to me that he/she
signed it voluntarily for its stated purpose and that the foregoing ins t is his/her free act
and deed.
Notary Pub _ __
a � JEFFREY N. SHRIBMAN My Commission Expires:
UT
blic
Notary PuCOMMONWEALTH OF Public HUSETTS„My Commission Expires �• ZOZNov(.aber 30, 2023 `) saydx
I 3 uoissiwwo� hw
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�'� SO.ESSEK #607 Bk;39684 Pg:477
03/24/2021 03:50 DEED Ps 1/2
RELEASE DEED
1, EDWARD FERRIS, Individually and EDWARD FERRIS,Trustee of Ferris Trust,u/d/t
dated November 30, 1985 and recorded with the Essex South District Registry of Deeds
o c in Book 8042,Page 217, as amended of record, having a mailing address of 21 Naples
0 Road, Salem, Massachusetts 01970, for consideration paid and in full consideration of
0 o One and No/100ths Qollar ($1.00), release to BAY VIEW STATION LLC, having an
¢ ¢ address of 3 Pleasant Street,Salem, Massachusetts 01970, all right,title and interest that
g I have or may have in the land situated off of Franklin Street in the City of Salem, Essex
E E County, Massachusetts, shown as Parcel B, containing 15,297 +/- square feet, on plan
W entitled "Plan of Land, 16, 18 & 20 & 20R Franklin Street, Salem", Scale 1" =20', dated
to CO June 5, 2020, prepared by North Shore Survey Corporation, bounded and described as
follows:_A he re V,i�-h
u� ?
¢ NORTHERLY on two courses, by land of the City of Salem, 166.32 feet and
3 7 +/-feet;
c>s
EASTERLY by the mean high water elevation of the North River, 83 +/-
6 o feet;
O t—
SOUTHERLY by Lot 1, as shown on said plan, 201.10 feet; and
NCn
Cn
WESTERLY by Parcel A, as shown on said plan, 89.38 feet.
a¢i Under the pains and penalties of perjury, Grantor certifies that the property conveyed
herein was not homestead property nor a principal residence and there is no person or
aC:
persons entitled to claim the benefit of an estate of homestead in the premises.
[SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
WITNESS my hand and seal this day of_ kloce"4-6, 2020.
FERRIS TRUST
Edward Ferris, Trustee
Edward Ferris, Individually
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. r
On this r day of 2020, before me, the undersigned notary public,
personally appeared Uw Ferris, proved to e through satisfactory evidence of
identification,which was to be the person whose
name is signed on the preceding or attached document,an a nowledged to me that he
signed it voluntarily for its stated purpose, both Ind4duallyj nd s Trustee of Ferris Trust.
(S�-) Noic
Mysion expires:
JLFFhEY N. Sti{RIBN{AM Y
Notary pubPo
'00VCOMM0WjMjkj OF MASSACNUSRTSI�My Comnrlssion Facpires
Novc.aber 30, 2023
�Il�1�11�I�I1111�IIII�4UIII�1l�lill----
�v k;39684 P ;419
S4.ESSEX �648 B 9
r 03/24/2021 03:Be DEED PS 112
nl!
RELEASE DEED
I, EDWARD FERRIS,Individually and EDWARD FERRIS,Trustee of Ferris Trust,u/d/t
dated November 30, 1985 and recorded with the Essex South District Registry of Deeds
in Book 8042, Page 217, as amended of record, having a malling address of 21 Naples
Road, Salem, Massachusetts 01970, for consideration paid and in full consideration of
o One and No/100ths Dollars ($1.00), release to BAY VIEW STATION LLC, having an
0) address of 3 Pleasant Street,Salem, Massachusetts 01970,all right,title and interest that
o I have or may have in the land situated on Franklin Street in the City of Salem, Essex
ti ¢ I County, Massachusetts, shown as Parcel A, containing 10,846 +/- square feet, on plan
V- entitled "Plan of Land, 16, 18 & 20 & 20R Franklin Street, Salem", Scale 1" = 20', dated
o E June 5,2020, prepared by North Shore Survey Corporation, recorded herewith, bounded
cand described as follows:
WESTERLY by Franklin Street, 47.35 feet;
Q NORTHERLY by land of the City of Salem, 128.51 feet;
i EASTERLY by Parcel B, as shown on said plan, 89.38 feet;
•E �
o SOUTHERLY by Lot 1, as shown on said plan, 81.69 feet; and
.. r SOUTHWESTERLY by Lot 1, 69.00 feet.
Under the pains and penalties of perjury, Grantor certifies that the property conveyed
Q Q herein was not homestead property nor a principal residence and there Is no person or
persons entitled to claim the benefit of an estate of homestead in the premises.
m
a �
CL (D
[SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
WITNESS my hand and seal this day of_ j,1 dL&P , 2020.
FERRIS, TRUST
Edward Ferris,Trustee
Edward Ferris, Individually
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 1 day of tbLP-`4�' 2020, before me, the undersigned notary public,
personally appeared 96 Ferris, pro ed to me through satisfactory evidence of
identification,which was U,V- D I °u S �(eh y ,to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose, both Individua d as Trustee of Ferris Trust.
(SEAL) -
Notary blic
My co "ssion expires:_ !t 3o Zoz3
U. ShZib MAK
y NLjauc
COA!MONVJEALTH OF MASSACHUS91S
\ty� My COmmission Expires
\% Novc.,Iber 30, 2023
qm ` Il�lllll�lllllll�ttltl�l
tl�t�ll�lt� 6k.39684 Pg,48�
SO.�SSEX609
r� 0312412021 03:60 DEED Pa 1/5
RELEASE DEED
THE CITY OF SALEM, Massachusetts, having a mailing address of 93 Washington
Street, Salem, Massachusetts 01970, for consideration paid and in full consideration of
0 o One Hundred Five Thousand and No/100ths Dollar($105,000.00),releases to BAY VIEW
STATION LLC, having an address of 3 Pleasant Street, Salem, Massachusetts 01970,
o c all right, title and interest that it has or may have in the land situated off of Franklin Street
in the City of Salem, Essex County, Massachusetts, shown as Parcel B, containing
15,297 +/-square feet, on plan entitled"Plan of Land, 16, 18 &20 &2011 Franklin Street,
E Salem", Scale 1"=20',dated June 5,2020, prepared by North Shore Survey Corporation
and recorded herewith, bounded and described as follows:
Coca CO
NORTHERLY on two courses, by land of the City of Salem, 166.32 feet and
7 +1-feet;
co
J EASTERLY by the mean high water elevation of the North River, 83 +/-
�' feet;
a om SOUTHERLY by Lot 1, as shown on said plan, 201.10 feet; and
o
WESTERLY by Parcel A, as shown on said plan, 89.38 feet.
a ( The premises are conveyed subject to and with the benefit of all rights, easements and
other restrictions of record.
Q
The premises are conveyed subject to a restriction that no building or structure of any
o 12 type shall be constructed on the premises.
For title reference, see Taking by the City of Salem dated July 11, 1884 and recorded
with said Registry in Book 1132, Page 78.
Under the pains and penalties of perjury, Grantor certifies that there is no person or
persons entitled to claim the benefit of an estate of homestead in the premises.
[SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
WITNESS my hand and seal this 24th day of March, 2021.
CITY OF SALEM '
By. j>J4.,L'&
KI barley . Driscoll, Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this 24th day of March, 2021, before me, the undersigned notary public,
personally appeared Kimberley A. Driscoll, proved to me through satisfactory evidence of
identification, which was MA Driver's License,to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose, as Mayor of the City of Salem, Massachusetts.
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(SEAL)
otary ublic
My commission expires: rl
ruZABETH RENN ARD
Notary
COMMWEAHOFMAWHfE
s
My Commission Expires
Apr11 11, 2026
b CITY OF SALEM
In City Council,January 14,2021
Ordered: The Mayor is hereby authorised to convey Parcel B,shown on the attached
plan entitled"Plan of Land, 16, 18,20 and 20R Franldin Street,Salem,dated June 5,
2020,prepared by North Shore Survey Corporation"and consisting of 15,297 square feet,
to Bay View Station,LLC for the sum of One Hundred Five Thousand Dollars
($105,000.00)in accordance with the recommendation of the City's Director of Public
Property.
And Be It Further Ordered: That a deed restriction shall be placed on this parcel
Prohibiting the construction of any building or structure and that remediation is the
responsibility of the purchaser.
In City Council January 14,2021
Adopted by a roll call vote of 10 yeas,0 nays and 1 absent
Approved by the Mayor on January 19, 2021
D/VaS
ATTEST:
ILENE SIMONS
CITY CLERK
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Exhibit C
Narrative Describing the Basis for Activity and Use Limitation (AUL)
Rivenvalk Condominiums
16, 18, 20R, and Pace] B of 20 Franklin Street, Salem, Massachusetts
Release Tracking Number(RTN): 3-36220
This narrative describing the basis for the AUL was prepared in accordance with 310 CMR
40.1074(2)(e)through(g)of the Massachusetts Contingency Plan(MCP).The MCP requirements
are shown in bold italic textin the following sections of this exhibit with the obligatory information
provided in normal text.
40.1074(2)(e) a statement that specifies why the Notice of Activity and Use Limitation is
appropriate to maintain a Permanent Solution and condition of No Significant Risk;
Remedial actions included the implementation of a targeted soil management program to reduce
human health risk associated with exposure to petroleum hydrocarbons (specifically extractable
petroleum hydrocarbons(EPH)), metals,SVOCs,asbestos containing material(ACM)and dioxin-
impacted soils at the Property. Impacted soil was relocated and encapsulated on-Site under a
constructed cap comprised of a geotextile marker liner and at least one and one-half feet to three
(3) feet of clean soil to prevent exposure and reduce risk. The intent of the barrier layer is to
provide a material that is resistant to penetration by hand tools in an area where the isolation layer
is less than three-feet thick. In addition, Site improvements (i.e., building foundation and paving)
resulted in capping those contaminated soils in place without excavation and relocation to also
prevent exposure and reduce risk.
A Method 3 Risk Characterization performed in 2021 to evaluate the potential health risks posed
by the remaining EPH, metals, SVOCs, ACM and dioxin-contaminated soil concluded that a
condition of No Significant Risk (NSR) is present under current and reasonably foreseeable
Property uses for employees, construction workers, and trespassers.A condition of NSR could
not be concluded at that time for residential use. The risk to future residents is now mitigated by
the placement of a cap with marker layer, concrete slab, and asphalt surfaces to restrict potential
exposure to the underlying impacted soil and the implementation of an Activity and Use Limitation
to ensure the maintenance of the cap, concrete floor,and pavement.With these controls in place,
a condition of No Significant Risk (NSR) is achieved under current and reasonably foreseeable
Property uses for residents, employees, construction workers, and trespassers. The risk
characterization concluded that a condition of NSR exists with respect to public welfare, safety,
and the environment.
Therefore, the purpose of this AUL is to restrict certain potential exposure pathways (e.g.,
residential use)to contaminants. Certain exposure pathways at the Site are being restricted since
such exposures could potentially result in a significant risk to health due to possible frequent,
intensive, and long-term contact with contaminated soils.Thus, the implementation of the AUL is
appropriate to ensure that Site activities and uses will not result in potential risk of harm to human
health and is necessary to support a Permanent Solution and condition of No Significant Risk at
the Site. Finally, RTN 3-36220 will achieve regulatory closure with the filing of a Permanent
Solution with Conditions(PSC) Statement concurrently with the implementation of an AUL.
' t i
40.1074(2)(t) a concise summary of the oil and/or hazardous material release event(s) or
site history (i.e., date of the release(s), to the extent known, release volumes(s), and
response actions taken to address the release(s) that resulted in the contaminated media
subject to the Notice of Activity and Use Limitation;
The Property consists of four parcels of land: 16 Franklin Street, 18 Franklin Street, 20R Franklin
Street, and Parcel B of 20 Franklin Street. Together, the four parcels total 2.03 acres of land. A
1,028-square-foot, single-story building constructed of masonry with a poured concrete floor was
formerly located on the western side of the Property. The building was constructed in 1952. The
Property is relatively level and the local topography slopes downward to the east toward the North
River, a tidal estuary connected to the Danvers River and Beverly Harbor.
An 1890 fire insurance map shows a building present along the southern Property boundary. The
building, which was part of a larger tannery complex located to the south and southwest of the
Property,is labeled on the map as destroyed by fire. At that time,the central and northern portions
of the Property were Dart of the North River. A 1938 aerial photograph shows the northern portion
of the Property had been filled, but the central portion of the Property was still part of the North
River. A 1952 aerial photograph shows the central portion of the Property filled and the Property
appearing largely as it does today. According to historical reports,municipal waste was historically
bd a tha n-___.1... d d __ 111 n_....,.I:a:.... Ac"7:.. and ...un a! ; ator ash . or—e
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also used as fill material in the central and northern portions of the Property.
The 16, 18, and 20R Franklin Street parcels were owned by the Ferris family from 1952 until 2020
and were used as an automotive salvage and repair facility. The salvage facility also operated on
Parcels A and B of the abutting 20 Franklin Street property to the north. Fire insurance maps
dated 1957, 1965,and 1970 label the Property building as a filling station. According to Ed Ferris,
a representative of the former Property owner, the gas station operated from 1952 through 1957
at which time the storage tanks were removed.
To better define the nature and extent of fill material placed on the Site, subsurface investigations
were conducted between August 2013 and December 2020.
On July 8,2020, 18 Franklin Street, LLC submitted a Release Notification Form to MassDEP. The
Release Notification Form notified the MassDEP that EPH, PA Hs, lead, and trivalent chromium
concentrations were detected that exceeded the Reportable Concentrations for soil category
RCS-1. The MassDEP assigned RTN 3-36220 to the release condition
Based on the results of the site characterization investigations, a preliminary Method 3 risk
assessment was prepared to evaluate potential risks to human health, public welfare,safety, and
the environment associated with soil and groundwater impacts at the Property.
The results of the risk characterization indicated that the Hazard Index and the Excess Lifetime
Cancer Risk for future residents were above the MassDEP risk limit for surface soil.The Hazard
Index for future residents was above the MassDEP risk limit for soil from grade to 15 feet bgs,
while the Excess Lifetime Cancer Risk was below the MassDEP risk limit for soil from grade to
15 feet below grade.
P
According to the criteria contained in the MCP, a condition of No Significant Risk (NSR)to safety
exists or has been achieved if conditions at the disposal site related to the release of OHM
currently do not pose a threat of physical harm or bodily injury to human receptors.
Current and reasonably foreseeable conditions at the disposal site were evaluated to confirm that:
• rusted or corroded drums, open pits, lagoons, or other dangerous structures were not
present;
• the disposal site does not pose a threat of fire or explosion, including the presence of
explosive vapors, resulting from the release of OHM;
• uncontained materials, resulting from the release that exhibit the characteristics of
corrosivity, reactivity, or flammability were not observed; and
• other conditions resulting from the release at the disposal site and that may pose a threat
to physical harm or bodily injury are not present.
Based upon this evaluation, a condition of NSR to safety exists at the disposal site.
Risks to public welfare are evaluated by comparing data collected at the disposal site to Method
3 Ceiling limits(M3CLs)and evaluating potential nuisance and/or other conditions that could have
significant effects on the community. M3CLs were established by MassDEP to protect public
welfare and the environment from harm that could occur from the presence of OHM at elevated
concentrations. EPCs for COCs in soil and groundwater do not exceed M3CLs and there are no
known nuisance or other conditions that are expected to have significant effects on the
community.
40.1074(2)(g)a description of the contaminated media (i.e., media type(s), contaminant
type(s), approximate vertical and horizontal extent)subject to the Notice of Activity and
Use Limitation.
On August 27, 2013, SP Engineering provided oversight during the advancement of four soil
borings(T13-1 through T13-4)at the Property. Soil encountered during advancement of the borings
generally consisted of 1 foot to 2 feet of gravel followed by a fill material containing ash, cinders,
glass, wood, and bark to depths of up to 9 feet bgs. Native soil, consisting of a fine to medium
grey sand and silt or a green/gray clay, was encountered at depths between 8 feet and 11 feet
bgs. Groundwater was encountered between 3 feet and 6 feet bgs.
On December 21, and 22, 2020, Geolnsight oversaw the advancement of six soil borings
(B-1 through B-6) in areas throughout the Property. Soils encountered in the borings consisted
primarily of dark brown to brown fine to medium sand and silt and apparent fill materials (glass,
ash, brick,wood, and organics).
Contamination at the Site is widespread throughout the property and restricted to the historic fill.
The analytical data set indicates that OHM at concentrations above Method 1 standards is
generally present within the fill material.The fill material varies in thickness from 6 feet to 12 feet
and extends to the Property boundaries. The predominant impacts in soil are PAHs, arsenic,
chromium, lead, and zinc.
Groundwater is generally located at depths between three feet and five feet bgs. Given the
proximity of the Property to the North River, the direction of groundwater flow is anticipated to be
tidally influenced and is expected to ultimately flow toward the North River. Detected
concentrations of metals and volatile organic compound(VOCs)in the January 2021 groundwater
samples were below applicable Method 1 standards.
EXHIBIT D
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JAaeo ✓ o-avC, Jod.
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William Francis Galvin
Secretary ofthe IIIIIIIIIIII Illllllllllliilllllllllllllllll
Commonwealth
September 15,2025
SO.ESSEX#198 Bk:42965 Pg:505
09l24l2025 01:43 PM LLC Pg 1!1
TO WHOM IT MAY CONCERN: @Recorded
I hereby certify that a certificate of organization of a Limited Liability Company was
filed in this office by
BAY VIEW STATION LLC
in accordance with the provisions of Massachusetts General Laws Chapter 156C on November
17.2020.
1 further certify that said Limited Liability Company has filed all annual reports due and
paid all fees with respect to such reports; that said Limited Liability Company has not filed a
certificate of cancellation; that there are no proceedings presently pending under the
Massachusetts General Laws Chapter 156C, § 70 for said Limited Liability Company's
dissolution; and that said Limited Liability Company is in good standing with this office.
I also certify that the names of all managers listed in the most recent filing are: MARC
TRANOS
I further certify,the names of all persons authorized to execute documents filed with this
office and listed in the most recent filing are: MARC TRANOS
I also certify that the navies of all persons authorized to act with respect to real property
listed in the most recent filing are: NONE
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
Processed by:mqc
QC by: SAM