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2 GOODHUE STREET - BUILDING JACKET 2 GOODHUE STREET , Commonwealth of Massachusetts � 1 a City of Salem 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595x5641 t ` Return card to Building Division for Certificate of Occupancy - Permit No. B-2003-0501 PERMIT T O BUILD FEE PAID: $43,224.0.0 0 DATE ISSUED: 10/11/2002 This certifies that SALEM-GOODHUE PROP ACQUISITION, DEPT PT-MA 29192 has permission to erect, alter, or demolish,a building—2 STREET Map/Lot: 150301-0 as follows: 320 New industrial 498-2003 BUILD A SELF-STORAGE FACILITY. TJS i Contractor Name: DBA: Contractor License No: 10/11/2002 Building Official "I Date f This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. \ All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. ' r HIC #: "Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Restrictions: t Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Commonwealth of Massachusetts City of Salem m 120 Washington Sl,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for certificate of Occupancy 19F Structure CITY OF SALEM BUILDING PERMIT PERMIT TO BE POSTED IN THE WINDOW Excavation ° Footing INSPECTION RECORD Foundation Framing Mechanical l� Insulation INSPECTION: r _ BY _ �� DATE Chimney/Smoke Chamber w Final t IOUs Plumbing/Gas Rough:Plumbing Rough:Gas a , Final ! Electrical Service 1 Rough Final I Fire Department Preliminary �•—�'" Final J S-=D Health Department — Preliminary Final epi Y :co r CITY OF SALEM9 MASSACHUSETTS 04 6416, ye w BOARD OF APPEAL R'I 120 WASHINGTON STREET, 3RD FLOOR Z { SALEM, MA 01970 1QQI CF TEL. (978) 745-9595 ✓.qji/` _ Fax (978) 740-9846 STANLEY J. USOVICZ, JR. "ry Q, MAYOR 0? DECISION OF THE PETITION OF PUBLIC STORAGE INC.REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT-2,12-GOODHUE`STREET BP_Dl A hearing on this petition was held December 19, 2001 with the following Board Members present: Richard Dionne, Stephen Harris, Nicholas Helides, Bonnie Belair and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from the minimum depth of the front yard on Bridge Street to construct a public storage facility for the property located at 2-12 Goodhue Street located in a BPD zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Attorney George Atkins of 59 Federal Street appeared and represented the petitioner. 2. Plans were submitted showing the proposed location of the building and the reasoning of developing a more urban setting: These plans having been worked out with all surrounding neighboring groups. 3. David Hart, of 104 Federal Street spoke in favor of the petition. 4. Councillor Thomas Furey also spoke in favor and praised the work of the developer and the various civic groups. 5. Staley McDermot of Historic Salem Inc. also spoke in favor. DECISION OF THE PETITION OF PUBLIC STORAGE INC. REVESTING A VARIANCE C FOR THE PROPERTY LOCATED AT 2-12 GOODHUE STREET BPD I page two 6. Dick Lubeke of 2 River St. and Martin Imm of 174 Federal Street also spoke in favor. </C 7. One person, Mr. Rymer Adams, of 11 Goodhue Street was opposed. 8. A letter in support was sent from Councillor Regina Flynn and Councilor Elect Mike 3?0,Bencal. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. . 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. S. Petitioner shall obtain street numbering from the City of Salem Assessors Office and shall display said numbering as to be visible from the street r DECISION OF THE PETITION OF PUBLIC STORAGE INC. REQUESTING A C�FR'�S Oq VARIANCE FOR THE PROPERTY LOCATED AT 2-12 GOODHUE STREET BPD �FFjCF"1q page three lee, 9. Construction to be substantially in accordance with side plan dated 11/21/01 an"tlY✓�A' �2 elevation plans dated 12/19/01 subject to revisions in plans approved by the Salem '4 O Planning Board and incorporated into it Site Plan Review Special Permit. Final plans 4 approved by the Planning Board shall be submitted to the Zoning Board of Appeals for inclusion in its file. ` Variance Granted Richard Dionne C� December 19, 2001 Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal `� E11f M. e ENSR International 2 Technology Park Drive Westford,MA 01886-3140 (978)589-3000 FAX(978)589-3100 www.ensr.com November 5,2002 Mayor Stanley J. Usovicz File: 05555-708400 Salem City Hall 93 Washington street Salem 01970 Re: Response Action Outcome Statement Activity and Use Limitation 2 Goodhue Street RTNs 3-21284 Salem,MA 01970 Dear Mayor Usovicz: ENSR submits this letter on behalf of the E.M.H. Realty Trust to provide you with a copy of the Notice of Activity and Use Limitation (AUL) for the above-referenced site in Salem pursuant to Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (7). The Activity and Use Limitation applies to the entire property located at 2 Goodhue Street in Salem and is intended to limit the potential for exposure to soils located in the AUL area. Based on the results of the additional assessment and the implementation of the AUL,ENSR has demonstrated that the compounds detected in soil on-site pose"no significant risk." Please note that the Board of Health and the Chief Zoning Official and Building Code Enforcement Official have also been provided with this notice as required by the MCP. The Activity and Use Limitation (AUL) was registered at the Essex County Registry of Deeds, South District on October 30, 2002. This letter is also intended to inform you that the Response Action Outcome Statement is available for review at the Department of Environmental Protection in Wilmington,Massachusetts pursuant to MCP 310 CMR 40.1403 (3f). The Board of Health Office has also been provided with information on how to review the file as required by the MCP. Requests to review the file on this site should be directed to the File Review Coordinator,DEP Northeast Regional Office,Bureau of Waste Site Cleanup,205A Lowell Street,Wilmington,MA 01887 or by calling(978)661-7600. Sincerely, ENSR Lawrence M.Hogan,LSP Senior Geologist enc. cc: DEP NERO BWSC ® Over 30 Years of Excellence in Environmental Services ti Form 1075 r'1 ) NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c.21E, §6 and 310 CMR 40.0000 Disposal Site Name: 2 Goodhue Street; Salem, Massachusetts 01970 DEP Release Tracking No.: 3-21284 This Notice of Activity and Use Limitation ("Notice") is made as of this r th day of �. 2002 by Stephen W. Haley, Trustee of the E.M.H. Realty Trust, under Declaration of Trust dated November 30, 1989, filed with the South Registry District of Essex County as Document No. 250129, together with its successors and assigns (collectively"Owner"). WITNESSETH: WHEREAS, Stephen W. Haley, Trustee of the E.M.H. Realty Trust, under Declaration of Trust dated November 30, 1989, filed with the South Registry District of Essex County as Document No. 250129 is the owner in fee simple of that certain parcel of land located in Salem, Essex County, Massachusetts, with the building and improvements thereon pursuant to Certificate of Title No. 59700 filed with the South Registry District of Essex County; 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 filed with the South Registry District of Essex County as Plan No. 3989-C dated September 25, 1958; a copy of a portion of which is filed with Certificate of Title No. 27914, and shown as Lot 2 on such plan; WHEREAS, 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 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; 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 et seg. ("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. The bass for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion") dated 161q. 2002 (which is attached hereto as Exhibit C and made a part hereof); IIIIIIIIIIIIIIIIIIIIIIIBtahIt .c, Re9istr 4075 Essex i NOTI S,Utt,ern tt.33,00 1013012002. - 1 Form 1075 310 CMR;._..,,1> Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, the 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 occurs on the Property: (i) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of,the contaminated soil currently located beneath the ground surface; (ii) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; (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; and (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 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 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) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (ii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, a Soil Management Plan and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iv) Relocation of impacted soil from beneath the ground surface of the Property without an Farm 1075 310 CMR 40.1099 2 Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 407582 ipageDistr�91 Re9rs`rY Southern Essex NOT 1eE R7N 3-21284 1013012002 11.33 SM LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; and (v) Use of the Property for growing fruits and vegetables for human consumption. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information, including,but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor Form 1075 310 CMR 40.1099 3 Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 407592 (Page 3 of 19) Southern Essex District Registry RTN 3-21284 10/30/2002 11:33 RM NOTICE — barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow-up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. 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 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, the 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,the 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 seg., 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 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. 407592 (Page 4 of 19)Re istrY southern Essex DisNOTICE 1013012002 11:33 RM Form 1075 310 CMR 40.1099 4 Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 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 LSP, and recorded and/or registered with the appropriate Registry(ies)of Deeds and/or Land Registration Office(s). WITNESS the execution hereof under seal this Lj9day of 0e � 12002. OWNER: StephenY17.Haley,Truste as aforesaid Name(printed): Stephen W. Haley Title: Trustee as aforesaid COMMONWEALTH OF MASSACHUSETTS �-0 ,ss 2002 Then personally appeared the above-named Stephen W. Haley, Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act and deed,as Trustee as aforesaid,before me, Notary Pub i My Commission Expire 407592 (page 5 of 19) Southern oistrict r1 IistrY 0130120021133pMNOTCE Form 1075 310 CMR 40.1099 5 Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 - The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: 710 .. LSP Name(printed): Lawrence M.Hogan LSP Seal: �ttto � Lawrence M. m Hogan No.9256 5Z) a� /ST COMMONWEALTH o COMMONWEALTH OF MASSACHUSETTS WU-16fd-/2 , H 2002 Then personally appeared the above named Lawrence M. Hogan and acknowledged the foregoing to be his free act and deed before me, ,-7 Notary Public: My Commission Expires: EarbaraM.Arrndat Upon recording,return to: Notary Public My Commission Expires Feb.16,2007 Stephen W. Haley,Trustee of the E.M.H.Realty Trust 45 Mason Street Salem,Massachusetts 01970 (Paco 5 01 191 istry 407592 Essex Distri NIDTI CE Southern 11,33 RM 1013012002 Form 1075 310 CMR 40.1099 6 Activity and Use Limitation 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 EXHIBIT A PROPERTY DESCRIPTION 407592 - (Paee 7 of 191 5013012002 11X331 AMr1 NOTICEisIrY DESCRIPTION OF 2 GOODHUE STREET SALEM, MASSACHUSETTS That certain parcel of land with the buildings thereon situated in Salem in the County of Essex, Commonwealth of Massachusetts,bounded and described as follows: NORTHEASTERLY by Lot B, as shown on plan hereinafter mentioned, fifty three and 86/100 (53.86) feet; SOUTHEASTERLY two hundred forty two and 61/100 (242.61) feet, SOUTHERLY on a curving line, forty and 39/100 (40.39) feet; and SOUTHWESTERLY one hundred thirty two and 15/100 (132.15) feet by lot 1, as shown on said plan; and NORTHWESTERLY by land now or:formerly of the American Hide and Leather Company, two hundred twenty nine and 37/100 (229.37) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 3989-C, drawn by Thomas A. Appleton, Civil Engineer, dated September 25, 1958, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 27914 in said Registry, and the above-described land is shown as Lot 2, on last mentioned plan. W592 (page 9 of 19) Southern Essex District TR CEistrY 10/3012002 11:33 PM EXHIBIT B SKETCH PLAN OF DISPOSAL SITE 407592 (Page 9 of 191 Southern 1013012002s 11x33District AMNOTIisIrY CE /a GENERAL NOTES SIZE l L e IN[w�.0 nay.I�mnKwo°� «goz o 3 LOCATION MAP PLAN REFERENCES LEGEND / ®` 2 mN � ma ..XFh_OSG_ - / ammaoxuE /c«=..� h NmN wyzzOm k.\.. > e........_.. r ut wy rv. U as � O o •r• ® it .— _ — it p1 � i14UPE NUN9EA'. �.un 100 0 100 200 3 SCALE IN FEET y 1•' = 100• 1 EXHIBIT C LICENSED SITE PROFESSIONAL ACTIVITY AND USE LIMITATION OPINION 407592 (Page 11 of ct 19)ReeistrY Southern Essax Distri 1013012002 11.33 RM NOTICE Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Numoer ACTIVITY & USE LIMITATION (AUL) OPINION FORM ❑ � Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 3 21284 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: Disposal Site Name: Street: 2 . GO.Qdhue_. c;t-r Pt Location Aid: City/Town: Sd1.EID_ _. ZIP Code: 01970-0 000 Address of property subject to AUL,if different than above. Street: City/Town: _ _ 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 Limitation,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 this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3) (complete all sections of this form). 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 personally 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(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > if Section B indicates that a Notice ofActivlfy and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(it)complies with 310 CMR 40A074(1)(b); > if Section 8 indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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); > if Section B indicates that a Termination of Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(t)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 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(it)complies with 310 CMR 40.1071(1)(b); > d Section S indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(1)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1);, > it Section 8 indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(it) complies with 310 CMR 40.1083(3)(a).. I am aware that significant 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 if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permlt(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. -- INUED ON THE NEXT PAGE. Revised 5/8/95 407592 (Page 12 of 19) 'ter This Form Page 1 of 2 Southern E 013012002s 11x 30isAM 1r1NOIR CEtstry Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) 3 21284 C. LSP OPINION: (continued) PRC.> M ,SPNameLawr_en-ce_M- Hogan LSP#: 92r6__ Stamp: yF j"OF + t Lawrence yc Telephone. 9 7 B.:SB�.- ()()N _ Ext.: "31 1 f ° M. rtr `AX. 37.a-5fi4-- ZDS_—_. -. - ;j Hogan N No.9256 �y) 0 9 O Q LSP Signature. ..-% _--__.—_--q-� Fes FOISTEP�'Sy�°= Date: ..__�U /ry-./ U.� SRE PPOF� YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. 407592 (Page 13 of 197 5outhern 0130120 s se11%33`RMr`ct NOTICEistrY 2 Revised 5/8/95 Do Not Alter This Form Page 2 of 2 ACTIVITY AND USE LIMITATION OPINION 2 Goodhue Street Salem,Massachusetts 01970 RTN#3-21284 INTRODUCTION In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, this Activity and Use Limitation (AUL).Opinion has been prepared to support a Notice of Activity and Use Limitation for the property located at 2 Goodhue Street, in Salem, Massachusetts. SITE HISTORY ENSR conducted environmental assessment of the property in January 8, 2001 and completed a subsurface investigation March 9, 2001. The work determined that Extractable Petroleum hydrocarbon (EPH) fractions, arsenic, chromium and lead, were detected in site soils at concentrations exceeding applicable MCP reportable concentrations and EPH fractions were detected in site groundwater at concentrations exceeding applicable MCP reportable concentrations. A Release Notification Form was submitted to the DEP on November 1, 2001 (120-day reporting condition)relative to the compounds that were detected, and the DEP assigned Release Tracking Number 3-21284 to the property for the release. Based upon environmental assessmentsof the property, oil and/or hazardous materials (OHM) in soil (top or uppermost 6 to 16 feet of soil) at the property include metals (primarily arsenic, chromium and lead), EPH Target analytes and EPH fractions. OHM in groundwater includes volatile petroleum hydrocarbon fractions (VPH), petroleum related volatile organic compounds (VOCs), EPH target compounds, arsenic, chromium and lead: The OHM detected in soil throughout the property are believed to be associated with the historic property use as a leather tanning operation from the 1800s until approximately 1957 as well as from urban fill materials. Petroleum fractions and target compounds are present in the vicinity of a former underground storage tank (UST) as well as other site areas. The petroleum impacts at the site are believed to be associated with the UST as well as petroleum constituents in the fill materials. A Method 3 risk assessment completed in support of the Response Action Outcome (RAO) Statement has concluded that a condition of no significant risk of harm to health, safety, public welfare, and the environment exists at the property for current and reasonably foreseeable property uses based on limited exposure to the contaminated soil beneath the property. The limited exposure assumption is based on restricted future site activities and uses, including but not limited to specifically prohibiting future residential site use. Therefore, in accordance with 310 CMR 40.1012, an AUL has been implemented at the site to restrict future site use to commercial/industrial. No remediation has been conducted at the site. Therefore, pursuant to the RAO Regulations of the MCP (310 CMR 40.1000), the requirements for a Class B-2 RAO have been met at the site. REASON FOR ACTIVITY AND USE LIMITATION A Method 3 Risk Characterization was conducted to characterize the risk posed by the levels of contaminants in soil and groundwater at the site. The Risk Characterization concluded that a level of No Activity and Use Limitation Opinion 1 2 Goodhue Street Salem,Massachusetts 01970 S., 407592 (Pa9e 14 of 19) RTN 3-21284 n Eex Dist of 10/30/200251s,:33 qN t Registry NOTICE Significant Risk exists for the site if assumptions regarding future use and/or activities are made. Therefore, an AUL is required in order to limit human contact with contaminants in soil. The AUL will prohibit activities that would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. Additionally, uncontrolled exposure to the soil by adults will.also be prohibited. PERMITTED USES AND ACTIVITIES (v) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the contaminated soil currently located beneath the ground surface; (vi) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (vii) 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;and (viii) Such other activities and uses not identified in Restricted Uses and Activities below as being Activities and Uses Inconsistent with the AUL. RESTRICTED USES AND ACTIVITIES (vi) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (vii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, a Soil Management Plan and'a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (viii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan,each prepared as discussed below under Obligations and Conditions; (ix) Relocation of impacted soil from beneath the ground surface of the Property without an Activity and Use Limitation Opinion 2 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 407592 (Page 15 of 19) Southern Essex Distriot Registry 1013012002 11:33 RM NOTICE LSP Opinion, the Soil under Obligations and Conditions; and, (x) Use of the Property for growing fruits and vegetables for human consumption. OBLIGATIONS AND CONDITIONS (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information,including,but not limited to,the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. Ort-site workers must be informed of the,requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor Activity and Use Limitation Opinion 3 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 407592 (Page 16 of 19) Southern Es11x o,s133 rtNOTIf Registry CE 1013012002 barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow-up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. LSP OPINION LSP: ✓ �ySHOFA4.�q„ "'...,1: awrence M. Hogan, PG, LSP Lawrence �yc tir Senior Geologisto M• U Hogan No.9256 /U � 02- nF2sFFG/STEQ�� Date �S?E PAO a{ 407592 (page 17 or 19) Southern Essex District Registry 10/30/2002 11:33 AM NOTICE Activity and Use Limitation Opinion 4 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 407592 (Page 19 of 19) Southern Essex District Registry 10/30/2002 11:33 PM NOTICE Activity and Use Limitation Opinion 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 �v7Va.� Y 3, N i N N Y Kb � Om 3�b 10 2O ' "1 b Q 0 M i COMMONWEALTH OF MASSACHUSETTS LAND COURT ESSEX REGISTRY OF DEEDS,SO.DIST. SALEM, MASS/D /�y Jz � ESSEXS.S. [Fo 75y7 ATRUE COPY DF-DOGUMENT_ ATT9%T. ^— :_ ecerder AFFIDAVIT I , :Stephen W. Haley, of Danvers, Essex County, Massachusetts, do hereby state that I am the sole trustee of the E .M.H. Realty Trust under Declaration of Trust dated November 30, 1989 filed with South Registry District of Essex County as Document No. 250129 . I further state that said trust has not been revoked or amended from the date of inception and as trustee that I continue to have the absolute control and management of said trust, free from the control of beneficiaries, as provided in Article 9th of said trust and that my designation as trustee continues in full force and effect . I further state that as trustee, I have authority to execute and deliver a Notice of Activity and Use Limitation with respect to property located at 2 Goodhue Street, Salem, Massachusetts and to execute and deliver other instruments in connection therewith and to take any and all other actions with respect thereto. Dated: Steph W. Haley, Tr stee E .M.H. Realty Tru n III IIIIIIIIIIIIIIIIIII IIIIIIIIIIII Southern Essex District Registry 10/30/2002 11:33:00 RM RFFT COMMONWEALTH OF MASSACHUSETTS Essex, ss . Qc &be✓ ap� Then personally appeared the above-named Stephen W. Haley as trustee aforesaid and acknowledge the foregoing instrument to be his free act and deed, before me, Arthur J. aw ey Jr. Ita Public My Commission Expir /7/08 (Page 2 407591 t 3) Southern Essex OtsM AFFT gLstry 1013012002 11:33 RM N 6 e� N m^ %m W p 3 N n0 OW T„r � A m b N COMMONWEALTH OF MASSACHUSETTS LAND COURT ESSEX REGISTRY OF DEEDS, SO.DIST. SALE(v., c.ASS ESSEX S.S. S'v7597 ATRUE COPY 0 ATTEST - Citp of �bafem, Aa5gaCbU!5Ctt!6 ` ,public Propertp Mepartment jguilbing Mepartment (One Salem Oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer NOTICE OF VIOLATION Date ) 7 ' Owner's Name Address Regarding Property at csl.hjJ 5 _ S Dear�: Based upon the findings of the inspection detailed below, the Board of Health and Building Department determine that the following violation(s) exist at your property cited above: Cx h �� ncs_c� zzn You are ordered to correct the violations listed above within 30 days of receipt of this letter. Failure to comply within 30 days may result in a criminal complaint sought against you in Housing Court, or after 30 days the City may correct the violations and impose a lien on your property to recover the costs of such action. This inspection was conducted in accordance with Massachusetts General Law, Chapter 111, Sections 127A and 127 B and 105 CMR 410.602(A), of Chapter II, State Sanitary Code, Minimum Standards of Fitness for Human Habitation, and Section 12-56 et seq. of the Code of Ordinances, City of Salem, Massachusetts at the above cited property. This inspection was conducted by-� ��C j for the oar of Hea h�n3�`o (5_for the Building Department You have the right to request a hearing before the City Council. A request for a hearing must be received in writing in the Office of the City Clerk and the Director of Public Property within 10 days of receipt of this Order. At the hearing, you will be given the opportunity to present evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, and other documentary information in the possession of the Board of Health and Office of Public Property, and that any adverse party has the right to be present at the hearing. 4Sinc Peter Strout Joanne Scott Director of Public Property Health Agent cc: James G. Gilbert, Assistant City Solicitor Thomas Philbin, Mayor's Chief of Staff Clean or Lien 2 Geote'hnical Consultants Inc. 08)229 01300 FAX: (508)2292279 26 March 2003 - VIA FAX 978-74040404 City of Salem-Planning Department 120 Washington Street Salem,MA 01970 Attention: h1r.Wilfred 3.Beaulieu Clerk-of-the-Works RE: Public Storage Project-Removalof Obstructions 2 Goodhue Street-Salem,MaNnomsetts Building Permit No.498-2M CX1 Project No. 2032048 Dear Mr. Beaulieu: Following our conversation yesterday,this letter presents supplemental information regarding the removal of underground obsnuctions at piles designated A-23,B-23 and C-23. Within the excavation for the obstructions,pone oil was observed at the ground water and the exposed soil was stained. Additionally,petroleum odors were:detected. Asyou know, contamination of soil-and groundwater are known to exist at this site and the site has been investigated and characterized by ENSR ore behatf of the Owners. A risk assessmew has beean completed and a Regtured Action Outcome(RAO)has been obtained through the Massac}umm DEP;meaning no additional remedial actions are needed. During the progress of construction, contaminated soil and groundwater will be encountered,as was evidenced last week. The requirements of the soil management plan prepared specifically for this site will govern all actions with respect to handling and management of contaminated soil and those reWiremenns were followed last week. Although petroleum odors were detected at the excavation,the odors were Wcalized and did not result in a nuisance to the neighboring properties. Conc entratians,of volWte compounds were low and no hazardous cnvkomncnt exista6. This work has resulted in no chlatge to the risk assessment and related cottditions previously prepared for this site and no fiwdw remedial actions, are required to maintain the RAO. We expect similar conditions will be encountered as the construction continues. Operations such as the excavation for:foundations and undeWound utilities are likely to result in similar conditions as those encountered at the recent excavation. Geotechsacal Consultants,uric. will continue to observe these operations to ensure the requirements of the soil management plan and other applicable safety regulations are met. We hope this additional information is consistent with our discussions and wiliciently portrays the 201 Boston Post Road West •lWarlboroqh, MaN.Wh rmb 01752 Z/L 06ud •`W7LZ:0L EO-BZ-JaW aiLZZ 8ZZ 809 !'ouI sluuIPSUOD Taatu9001000 :AU lues Public.Storage Prnieet-Removal of Obstruc¢oas 2 Goodhue Street-Salem,M usachusetts Building Permit No.498-2003 GCI Project No.2032048 26 March 2013 Page N2 n. f.Ondltl0!1S encountered, 1ri4321€t yp€S naV�arEv y'sii'St1i)nS; nlEnSe.do n4i SleSdLat�r� GCitsc:4 428, Sincerelv, GEOTECHNICAL: ONSULTANTS,TNC. Richard Pizzi, P.E. RPlprr cc: Chuck Hall-Charles Hall Construction (fax 630-734-6480) Wesley York- Charles Hall Construction (wesleysyork@ aol.com) Geotechnical Consultants, Inc. NO (508)229-0900 FAX. (508)229-2279 I S Mar,!) 21 00 1 VIA.FAX 978-740-0404 City of Salem - Planning Department 120 Washington Street Salem. MA 01970 Attention: Mr. Wilfred 1. Beaulieu Clerk-of-the-Works RE: Public Storage Projeet 2 C:ondhue Street- Salem, MA Building Permit No. 498-2003 GCI Project No. 2032048 Dew Mr. Beaulieu. As You know. some underground 'bhstructions":Nxre excavated and removed to allow pile installations to continue at the Public Storage Project site. A summary description of the work follows. Underground obstructions, consisting predominantly of concrete foundation remnants were encountered at piles designated A-2.3, A-23 and C-23. The foundation remnants were found to extend Prom depths ofabout 4 to 8 feet below,grade The excavation was observed by 6C0 1eChniCEl Consullants. Inc. and details of the conditions encountered-were recorded by oto- Field Gngineer. Atter separating from the soil.-the concrete remnants were added to the stockpile of other Foundation remnants(concrete and granite,blocks)still remaining on site front the ticnut141011 of the previous buildings. The hole was backfilled with the excavated soils and graded to allow the piled riving operation I continue: ,All work was done in accordance with the requirements Of the site-specific soil management plan. This work has resulted in no change to The risk assessment and related conditions previously prepared r'or this site %ke bust the furegoing sufficiently describes the conditions of work at this project. Should you have any questions, please do not hesitate to contact us. Sincerety. GECITE,CHNICAL CONSULTANTS, INC. RP/pn cc. Chuck Hall - Charles Hall CpnStrlC'tintl(fax 630-734-6480) Wcslev Yoi k - Charles Hall Construction(wesleysyork@aol.com) 201 Boston Post Road West • Marlborough, Massachusetts 01752 Feb-20-04 08:45A SAI 781-279-2224 P-02 SABBAGH ASSOCIATES, INC. 451 Main Street Structural Engineering Consultants Stoneham, MA 02180 Tel:781-279-2223 Fax:781-279-2224 February 20, 2004 'fom St. Pierre. Building Commissioner 120 Washington Street Salem, MA 01970 Re: Public Storage, Goodhue and Bridge Streets, Building Permit 498-2003 Salem, MA Dear Sir: As of January 31, 2003 our firth has been employed as the Owner's Representative for the Construction Administration of the above project. Since that time we have served as the Engineer of Record for the construction of the project. In this capacity we have performed site visits as stipulated by city requirements from the start of construction to completion. To the best of our knowledge and belief the project has been constructed according to the contract documents and in accordance with the requirements of the Massachusetts State Building Code. I f you should have any further questions please feel free call our office. WN WARD c truly. r_UWARDM. � "( ._ABBAG STT UCT'JR ` ' No, 3276_ M. Sabbagh, P.E. IStFghAssociates, Inc. 4 �r= .. EIM. ENSR International 2 Technology Park Drive Westford, MA 01886-3140 (978)589-3000 FAX(978)589-3100 April 28, 2004 www:ensccom Mr. Thomas St. Pierre Chief Zoning Official and File No: 5555-778 Building Code Enforcement Official 120 Washington Street Salem, MA 01970 Re: Response Action Outcome Statement Activity and Use Limitation RTNs 3-21284, 3-21287, and 3-22816 2 & 12 Goodhue Street Salem, MA 01970 Dear Mr. St. Pierre: ENSR submits this letter on behalf of Public Storage, Inc. to provide you with copies of the Notice of Activity and Use Limitation (AUL) Amendments for the above-referenced sites in Salem, pursuant to Massachusetts Contingency Plan (MCP) 310 CMR 40.1403 (7). The AUL Amendments apply to the entire properties located at 2 & 12 Goodhue Street in Salem and is intended to limit the potential for exposure to soils located in the AUL areas. Based on the results of the additional assessment and the implementation of the AUL Amendments, ENSR has demonstrated that the compounds detected in soil on-site pose "no significant risk." The AUL Amendments were registered at the Southern Essex County District Registry of Deeds on April 27, 2004. This letter is also intended to inform you that the Response Action Outcome Statement is available for review at the Department of Environmental Protection in Boston, Massachusetts pursuant to MCP 310 CMR 40.1403 (3f). Requests to review the file on this site should be directed to the File Review Coordinator, DEP Northeast Regional Office, Bureau of Waste Site Cleanup, One Winter Street, Boston, MA 02108. Please note that the Mayor's office and the Health Department have also been provided with this notice as required by the MCP. If you have any questions, please contact the undersigned at (978) 589-3000. Sincerely, ENSR Lawrence M. Hogan, LSP Senior Geologist enc. cc: DEP NERO BWSC Celebrating 35 Years of Excellence in Environmental Services .Form 10828 310_CMB.AO_].pSLq _ ` �� � II Ililllllllllllllllllllllillllillll ill! Form 10828 2004042100394 Bk,22131 Pg,323 04/2712004 10:13:00 OTHER Pg 1/16 FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E. § 6 and 310 CMR 40.0000 Disposal Site Name: 2 Goodhue Street DEP Release Tracking No.(s): 3-21284 and 3-22816 WHEREAS, a Notice of Activity and Use Limitation has been registered with the Land Registration Office of the Essex County Registry of Deeds South District as document no 407592. (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain parcel(s) of land situated in Salem, Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof ("Property'). Said limitations on use and activities are consistent with the terms of an Activity and Use Limitation Opinion ("AUL Opinion") dated October 29, 2002 signed and sealed by Lawrence M. Hogan, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-19J (the holder being referred to as "LSP") attached to the Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to (select one) maintain at the Property a condition of No Significant Risk (such conditions and terms being defined in 310 CMR 40.0000); and WHEREAS, the undersigned LSP, in accordance with Chapter 21E and the MCP, has,issued and signed an AUL Opinion, dated September 19, 2003 and filed with DEP at its Northeastern Regional Office under Release Tracking No. 3-22816, attached hereto as Exhibit B and made a part hereof. Said AUL Opinion explains that the implementation of the following proposed changes in Site Activities and Uses at the Property will maintain a condition of No Significant Risk and that no additional response actions are necessary; NOW THEREFORE, in accordance with M.G.L. c. 21 E and the MCP, the undersigned Salem - Goodhue Property Acquisition, LLC, of Glendale, Los Angeles County, California, being the owner of the Property pursuant to a Certificate of Title No. 75347, issued by the Land Registration Office of the Essex County South Registry District, hereby amends said Notice as follows: Paragraph 1, "Activities and Uses Inconsistent with the AUL Opinion", is amended to add Release Tracking Number 3-22816 and reads as follows: 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 ��c�t-l� Snyder NSR 'F�,fle vf1vr Form 10826 310 CMR 40.1099 implemented at 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) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (ii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, a Soil Management Plan and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iv) Relocation of impacted soil from beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; and (v) Use of the Property for growing fruits and vegetables for human consumption. Paragraph 2, 'Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to add Release Tracking Number 3-22816 and reads as follows: Activities .and Uses Consistent with the AUL Opinion The AUL Opinion provides that a condition of No Significant Risk to health, safety, the 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 occurs on the Property: (i) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the contaminated soil currently located beneath the ground surface; (ii) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; 4 Form 1082B 310 CMR 40.1099 (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; and (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Paragraph 3, "Obligations and Conditions Set Forth in the AUL Opinion", is amended:to add Release Tracking Number 3-22816 and reads as follows: (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted , soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on- site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, ~ Form 10828 310 CMR 40.1099 including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow- up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. In all other respects the provisions of said Notice remain unchanged. Goodhue Property Acquisition, LLC authorizes and consents to the filing and recordation/and or registration of this First Amendment to Notice of Activity and Use Limitation, said First Amendment to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this 10 day of AekiL 2004. SALEM-GOqName: ROPERTY ACQUISITION, LLC BY: PUE, INC., its manager BYr -00nl 1L{ N1thnY) Title: Sr. V)6 reSlc�eh cL STATE OF CALIFORNIA COUNTY OF LOS ANGELES On April 21, 2004 before me, Barbara Neisler, Notary Public, personally appeared John S. Baumann, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r BARBARA NEISLER Le COMM. #1426105 NOTARY PUBLIC-CALIFORNIA M.Signature r�%�� LOS ANGELES COUNTY My Comm.Expuly20,2007 Form 10828 310 CMR 40.1099 The undersigned LSP hereby certifies that he executed the AUL Opinion dated April 26, 2004, filed with DEP at its Northeastern Regional Office under Release Tracking No.(s) 3-22816, attached hereto as Exhibit B and made a part hereof, and that, in his Opinion, this First Amendment to Notice of Activity and Use Limitation is consistent therewith. Date: Lawrence M. Hogan J'� �, Lswranca 'tc9c� LSP SEAL 3 Hoyan y tla.�J258 r COMMONWEALTH OF MASSACHUSETTS " sFvctST���Sy��/ � eaePao�-/g' H X ss Lia 200if Then personally appeared the above named Lawrence M. Hogan and acknowledged the foregoing to be his free act and deed before me;' Notary Public: My Commission Expires: Upon recording, return to: PAULA NAWOICHIK -- Notary Public Salem Goodhue Property Acquisition, LLC My commission Expires C/o Ms. Evelyn Hubei September 27. 2007 Public Storage, Inc. P.O. Box 25050 Glendale, California 91221-5050 Form 10826 310 CMR 40.1099 Exhibit A Description of 2 Goodhue Street DESCRIPTION OF 2 GOODHUE STREET SALEM, MASSACHUSETTS That certain parcel of land with the buildings thereon situated in Salem in the County of Essex, Commonwealth of Massachusetts,bounded and described as follows: NORTHEASTERLY by Lot B, as shown on plan hereinafter mentioned,fifty three and 86/100 (53.86) feet; SOUTHEASTERLY two hundred forty two and 61/100 (242.61)feet, SOUTHERLY on a curving line, forty and 39/100(40.39)feet; and SOUTHWESTERLY. one hundred thirty two and 151100(132.15)feet by lot 1, as shown on said plan; and NORTHWESTERLY by land now or formerly.of the American Hide and Leather Company,two hundred twenty nine and 37/100(229.37)feet, r i All of said boundaries are determined by the Court to be located as shown upon plan numbered 3989-C, drawn by Thomas A. Appleton, Civil Engineer, dated September 25, 1958, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 27914 in said Registry, and the above-described land is shown as Lot 2,on last mentioned plan. Form 10828 310 CMR 40.1099 Exhibit B Amended LSP Opinion Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number ' Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3� - 22816 A DISPOSAL SITE LOCATION: Public Storage 1. Disposal Site Name: 2. Street Address: 2 Goodhue Street Salem 01970-0000 3. Citylrown: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. Q 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). o4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) . ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: _ i 3. City/Town: 4. ZIP Code: Revised:06/27/2003 Page 9 of 2 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) � - 2816 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(1)the standard of care in 309 CMR 4.02(1), (ii)the applicable provisions of 309 CMR 4.02(2)and (3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)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 40.1074; > if Section B indicatesthat an Evaluation of Changes in Land UseslActivitfes and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the.app licable provisions of M.G.L.c. 21 E and 310 CMR 40,0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)isbeing provided in accordance with the applicable provisions of M.G.L.c.21 Eand 310 CMR 40.0000 and (ii)complies with 40.1081; > if Section B indicates that Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a Release or Partial Release of a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)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 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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 40.1085(4); 1 am aware that significant 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. 1. LSP n: 9256 2. First Name: Lawrence 3. Last Name: Hogan 4. Telephone: (978) 589-3000 s. E31311 6 F (978) 589-3705 7. Signature: 8. Date: - mm/ddlyyyy 9. LSP Stamp: Lawrence GN�tI M '9 Hogan No.9256 Fy9FGISTEP��X024 ss�Sll'E PFlOF��y Revised:06/27/2003 Page 2 of 2 ACTIVITY AND USE LIMITATION OPINION 2 Goodhue Street Salem, Massachusetts 01970 RTNs#3-21284 and 3-22816 INTRODUCTION In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1080 et. seq., this Amended Activity and Use Limitation (AUL) Opinion has been prepared to support the addition of Release Tracking Number (RTN) 3-22816 to an existing Notice of AUL that was recorded for the property located at 12 Goodhue Street, in Salem, Massachusetts on October 30, 2002. SITE HISTORY ENSR conducted an environmental assessment of the property on January 8, 2001 and completed a subsurface investigation on March 9, 2001. The work determined that Extractable Petroleum hydrocarbon (EPH) fractions, EPH target analytes, arsenic, chromium and lead, were detected in site soils at concentrations exceeding applicable MCP reportable concentrations and EPH fractions were detected in site groundwater at concentrations exceeding applicable MCP reportable concentrations. A Release Notification Form was submitted to the DEP on November 1, 2001 (120-day reporting condition) relative to the compounds that were detected, and the DEP assigned RTN 3-21284 to the property for the release. Based upon environmental assessments of the property, oil and/or hazardous materials (OHM) in soil (top or uppermost 6 to 16 feet of soil) at the property include metals (primarily arsenic, chromium and lead), EPH Target analytes and EPH fractions. OHM in groundwater include volatile petroleum hydrocarbon fractions (VPH), petroleum related volatile organic compounds (VOCs), EPH target compounds, arsenic, chromium and lead. The OHM detected in soil throughout the property are believed to be associated with the historic property use as a leather tanning operation from the 1800s until approximately 1957 as well as from urban fill materials. Petroleum fractions and target compounds are also present throughout the site. The petroleum impacts at the site are believed to be associated with fuel oil use both on-site as well as at the adjacent 12 Goodhue Street property, and as petroleum constituents in the fill materials. A Method 3 risk assessment completed in support of a Response Action Outcome (RAO) Statement concluded that a condition of no significant risk of harm to health, safety, public welfare, and the environment exists at the property for current and reasonably foreseeable property uses based on limited exposure to the contaminated soil beneath the property. The limited exposure assumption is based on restricted future site activities and uses, including but not limited to specifically prohibiting future residential site use. Therefore, in accordance with 310 CMR 40.1012, an AUL was implemented at the site on October 30, 2002 (Recorded at the Essex County Registry of Deeds South District Document No. 407592) to restrict future site use to commercial/industrial. No remediation was conducted at the site. Therefore, pursuant to the Activity and Use Limitation Opinion 1 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 and 3-22816 RAO Regulations of the MCP (310 CMR 40.1000), the requirements for a Class B-2 RAO had been met at the site. On April 25, 2003, during construction activities being conducted under the existing AUL filed relative to RTN 3-21287, a four to six inch thick layer of petroleum-impacted soil that extended approximately ten to fifteen feet north to south was observed at the property boundary with 12 Goodhue Street. This petroleum-impacted layer appeared oil-saturated to the point that it could yield greater than '/2 inch of nonaqueous phase liquid (NAPL) petroleum. Heavily petroleum- impacted soil had been observed previously at the site; however, after one year of monitoring this soil had not yielded a measurable NAPL layer. The apparent presence of '/2-inch layer of NAPL indicated that an exceedance of an Upper Concentration Limit (UCL) had been encountered and a 72-hour reporting condition was identified. The construction foreman notified DEP of the condition on April 25, 2003 and RTN 3-22816 was issued relative to this layer. An Immediate Response Action (IIIA) was implemented to assess and remove this area of apparent NAPL impact. As a result of the IRA implementation, approximately 15-cubic yards of soil was removed and placed in a water tight roll-off container. The soil was disposed at ESMI in Loudon, New Hampshire. A portion of a relict foundation was observed in the excavation as was a clay layer at approximately three to four feet in depth. The four to six inch thick NAPL-saturated soil layer was trapped by these features and resulted in the observation that led to the 72-hour reporting condition. The area of greater NAPL impact was limited to approximately 20 feet by 20 feet in area at a depth of approximately 6 to 9 feet. Representative end point samples were collected from the IRA excavation and exposure point concentrations (EPCs) for these data were compared to the EPCs generated for the Existing Class A-3 RAO. With the exception of the C9- C10 aromatic hydrocarbons, C5-C8 aliphatic hydrocarbons, and naphthalene, the EPCs for petroleum-related compounds detected in the IRA excavation were lower than those used in the previous Class A-3 RAO submitted for RTN 3-021287. Although the EPC for the C9-C10 aromatic hydrocarbons, C5-C8 aliphatic hydrocarbons, and naphthalene were slightly higher than those for the Method 3 Risk Assessment, the high values from the IRA excavation were far lower than the high values for the balance of the property. As such it is ENSR's opinion that the end point samples are consistent with the data set used in the Method 3 risk characterization which resulted in a determination of no significant risk. Accordingly, it is ENSR's opinion that the implementation of the IRA has resulted in a condition of no significant risk consistent with the existing Class A-3 RAO and a Class A-3 RAO has been achieved for RTN 3-22816. REASON FOR AMENDED ACTIVITY AND USE LIMITATION A Method 3 Risk Characterization was conducted to characterize the risk posed by the levels of contaminants in soil and groundwater at the site relative to RTN 3-21287. The Risk Characterization concluded that a level of No Significant Risk exists for the site if assumptions regarding future use and/or activities are made. Therefore, an AUL was required in order to limit human contact with contaminants in soil. The removal of heavily petroleum-impacted soil under RTN 3-22816 has resulted in the removal of a potential exceedance of a UCL condition. Activity and Use Limitation Opinion 2 2 Goodhue Street Salem,Massachusetts 01970 RTN 3121284 and 3-22816 t Conditions following the implementation of the AUL are consistent with those on the balance of the property. As such it is ENSR's opinion, that it is appropriate to add RTN 3-22816 to the AUL that was filed previously for RTN 3-21287. The AUL prohibits activities that would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. Additionally, uncontrolled exposure to the soil by adults will also be prohibited. PERMITTED USES AND ACTVITIES (i) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the contaminated soil currently located beneath the ground surface; (ii) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (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; and (iv) Such other activities and uses not identified below as being Restricted Uses and Activities. RESTRICTED USES AND ACTVITIES (i) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (ii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, a Soil Management Plan and a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; Activity and Use Limitation Opinion 3 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 and 3-22816 (iii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion,the Soil Management Plan and Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (iv) Relocation of impacted soil from beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; and, (v) Use of the Property for growing fruits and vegetables for human consumption. OBLIGATIONS AND CONDITIONS (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first Activity and Use Limitation Opinion 4 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 and-3-22816 appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow-up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. LSP OPINION LSP: awrence M. Hogan, PG, LSP Senior Geologist �L ,�Y/��jHOFAISy� Date -7 O a La`NranCe es�N 5, of Hogan No.9255 Y Activity and Use Limitation Opinion 5 2 Goodhue Street Salem,Massachusetts 01970 RTN 3-21284 and3-22816 corm 1082B 3i0_C.MR4.0J099_______..____ 111111111111111111111111111111111111111 Form 1O82B 2004042700391 Bk;22731 Pg;305 ( � 04/27/2004 10:13:00 OTHER P8 1/16 l FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E. S 6 and 310 CMR 40.0000 Disposal Site Name: 12 Goodhue Street DEP Release Tracking No.(s): 3-21287 and 3-22816 WHEREAS, a Notice of Activity and Use Limitation has been registered with the. Land Registration Office of the Southern Essex Registry District in Book 19510 Page 361. (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain parcel(s) of land situated in Salem, Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof ("Property"). Said limitations on use and activities are consistent with the terms of an Activity and Use Limitation Opinion ("AUL Opinion") dated October 29, 2002 signed and sealed by Lawrence,M. Hogan, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-19J (the holder being referred to as "LSP") attached to the Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to (select one) maintain at the Property a condition of No Significant Risk (such conditions and terms being defined in 310 CMR 40.0000); and WHEREAS, the undersigned LSP, in accordance with Chapter 21 E and the MCP,has issued and signed an AUL Opinion, dated September 19, 2003 and filed with DEP at its Northeastern Regional Office under Release Tracking No.(s). 3-22816, attached hereto as Exhibit B and made a part hereof. Said AUL Opinion explains that the implementation of the following proposed changes in Site Activities and Uses at the Property will maintain a condition of No Significant Risk and that no additional response actions are necessary; NOW THEREFORE, in accordance with M.G.L. c. 21 E and the MCP, the undersigned Salem - Goodhue Property Acquisition, LLC, of Glendale, Los Angeles County, California, being the owner of the Property pursuant to a Certificate of Title No. 75345, issued by the Land Registration Office of the Essex County South Registry District, hereby amends said Notice as follows: Paragraph 1, "Activities and Uses Inconsistent with the AUL Opinion", is amended to add Release Tracking Number 3-22816 and reads as follows: 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 0 I A11 � SnYd.r ENSY(_ 2T��1�1d1'7Y i7, Ulcs} „ d , v1 A. Form 1082B 310 CMR 40.1099 implemented at 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) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (ii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, a Soil Management Plan and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; (iv) Relocation of impacted soil from beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below in Paragraph 3; and (v) Use of the Property for growing fruits and vegetables for human consumption. Paragraph 2, "Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to add Release Tracking Number 3-22816 and reads as follows: Activities land Uses Consistent with the AUL Opinion The AUL Opinion provides that a condition of No Significant Risk to health, safety, the 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 occurs on the Property: (i) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the contaminated soil currently located beneath the ground surface; (ii) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below in Paragraph 3; Form 10826 310 CMR 40.1099 (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; and (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Paragraph 3, "Obligations and Conditions Set Forth in the AUL Opinion", is amended to add Release Tracking Number 3-22816 and reads as follows: (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on- site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, Form 1082B 310 CMR 40.1099 including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow-up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. In all other respects the provisions of said Notice remain unchanged. Goodhue Property Acquisition, LLC authorizes and consents to the filing and recordation/and or registration of this First Amendment to Notice of Activity and Use Limitation, said First Amendment to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. f WITNESS the execution hereof under seal this )-I' day of /A?k;L 2004. SALEM-G NUE PROPERTY ACQUISITION, LLC BY: PU LIC INC., its manager BY: Nam JQ , S F-6(3 aLa_-d tq Title: SC. V ice eSi e�vt STATE OF CALIFORNIA COUNTY OF LOS ANGELES On April 21, 2004 before me, Barbara Neisler, Notary Public, personally appeared John S. Baumann, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. """'� »«�.................. BARBARA NEISLER COMM. #1426105 NOTARY PUBL1C. FO (ARN YSignOS ES atureANGELNORVi1. July 20,2007 7 Form 1082B 310 CMR 40.1099 The undersigned LSP hereby certifies that he executed the AUL Opinion dated April 26, 2004, filed with DEP at its Northeastern Regional Office under Release Tracking No.(s) 3-22816, attached hereto as Exhibit B and made a part hereof, and that, in his Opinion, this First Amendment to Notice of Activity and Use Limitation is consistent therewith. Date: Lawrence M. Hogan LSP SEAL Hagen y � H10.9255 COMMONWEALTH OF MASSACHUSETTS IC�d�SeXr ss , 200 Then personally appeared the above named Lawrence M. Hogan and acknowledged the foregoing to be his free act and deed before meal 7 Notary Public My Commission Expires: Upon recording, return to: PAULA NAWOICHIK Notary Public Salem Goodhue Property Acquisition, LLC MY Commission Expires c/o Ms. Evelyn Hubel September 27.20,07 - Public Storage, Inc. P.O. Box 25050 Glendale, California 91221-5050 Form 10825 310 CMR 40.1099 Exhibit A Description of 12 Goodhue Street DESCRIPTION OF 12 GOODHUE STREET SALEM, MASSACHUSETTS Those certain parcels of land with the buildings thereon situated in Salem,Essex County, Massachusetts, shown as Lot A and Lot B on the plan entitled"Plan of Land,Clayman Realty Partnership, 12Goodhue Street,Salem,Massachusetts' Scale 1"=30',prepared by BL Companies, dated May 13,2002,revised June 26,2002, and recorded with the Essex South District Registry of Deeds in Book 19110,Page 414. Said Lot A and Lot B include two(2)registered parcels of land, which are more particularly bounded and described as follows: REGISTERED LAND' PARCEL:1 , WESTERLYby Goodhue Street one hundred forty-four and 48/100 (144.48)feet; NORTHERLY by land now or formerly of Julius:Helbum et al three hundred forty-one and 63/100 (341.63) feet; EASTERLY and by a,canal about two hundred twenty-six(226)feet; NORTHERLY EASTERLY by the westerly line of Bridge Street one and 14/100 (1.14)feet; SOUTHEASTERLY by the.northwesterly line of Bridge Street ninety-three and 03/100(93.03)feet; and SOUTHWESTERLY forty(40) feet; and SOUTHERLY three hundred fifty and 43/100(350.43)feet by land now or formerly of the . American Hide and Leather Company. All of said boundaries are determined by the Court to be located as shown upon plan numbered 4496-A, drawn by Thomas A.Appleton, Surveyor,dated March 1913,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#1441 in said Registry. Form 1082B 310 CMR 40.1099 Exhibit B Amended LSP AUL Opinion Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuantto 310 CMR 40.1056& 40.1070-40.1084(SubpartJ) 3❑ - 22$16 s� A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: Public Storage 2. Street Address: 12 Goodhue Street Salem 01970-0000 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to-BWSC113. Section A and C do not need to be completed. Q 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4). 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) . 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attachedas an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? - a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2816 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have.personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal (i)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 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.G. 21 E and 310 CMR 40'.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and (ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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 40.1083; > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)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 40.1085(4); 1 am aware that significantpenalties may result,including, but not limited to,possible fines and imprisonment,if I submit information which I know to be false,inaccurate or materiallv incomplete. 1. LSP n: 9256 2. First Name: Lawrence 3. Last Name: Hogan 4. Telephone: (978) 589-3000 5 /3/311/311 6 Fes: (978) 589-3705 7. Signature:,./' 8. Date: 41" .-114 mm/dd/yyyy 9. LSP Stamp: Lavnanc> LN i Hogan No.9256 3 /ST SIM SIM PNOFES >� r�r Revised:06/27/2003 Page 2 of 2 ACTIVITY AND USE LIMITATION OPINION 12 Goodhue Street Salem,Massachusetts 01970 RTNs#3-21287 and 3-22816 INTRODUCTION In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1080 et. seq., this Amended Activity and Use Limitation (AUL) Opinion has been prepared to support the addition of Release Tracking Number (RTN) 3-22816 to an existing Notice of AUL that was recorded for the property located at 12 Goodhue Street, in Salem, Massachusetts on October 30, 2002. SITE HISTORY ENSR conducted an environmental assessment of the property on January 8, 2001 and completed a subsurface investigation on March 9, 2001. The work determined that Extractable Petroleum hydrocarbon (EPH) fractions, EPH target analytes, arsenic, chromium and lead, were detected in site soils at concentrations exceeding applicable MCP reportable concentrations and EPH fractions were detected in site groundwater at concentrations exceeding applicable MCP reportable concentrations. A Release Notification Form was submitted to the DEP on November 1, 2001 (120-day reporting condition) relative to the compounds that were detected, and the DEP assigned RTN 3-21287 to the property for the release. Based upon environmental assessments of the property, oil and/or hazardous materials (OHM) in soil (top or uppermost 6 to 16 feet of soil) at the property include metals (primarily arsenic, chromium and lead), EPH Target analytes and EPH fractions. OHM in groundwater include volatile petroleum hydrocarbon fractions (VPH), petroleum related volatile organic compounds (VOCs), EPH target compounds, arsenic, chromium and lead. The OHM detected in soil throughout the property are believed to be associated with the historic property use as a leather tanning operation from the 1800s until approximately 1957 as well as from urban fill materials. Petroleum fractions and target compounds are present in the vicinity of a former concrete underground storage tank (UST) as well as other site areas. The petroleum impacts at the site are believed to be associated with on-site fuel oil use as well as petroleum constituents in the fill materials. A Method 3 risk assessment completed in support of a Response Action Outcome (RAO) Statement concluded that a condition of no significant risk of harm to health, safety, public welfare, and the environment exists at the property for current and reasonably foreseeable property uses based on limited exposure to the contaminated soil beneath the property. The limited exposure assumption is based on restricted future site activities and uses, including but not limited to specifically prohibiting future residential site use. Therefore, in accordance with 310 CMR 40.1012, an AUL was implemented at the site on October 30, 2002 (Recorded at the Essex County Registry of Deeds South District Book 19510 Page 361 and registered Document No. 407595) to restrict future site use to commercial/industrial. No remediation was conducted at the site relative to the metals at the site; however, the former UST and some petroleum- Activity and Use Limitation Opinion 1 12 Goodhue Street Salem,Massachusetts 01970 RTN 3-21287 and 3-22816 impacted soil were removed from the site under a Release Abatement Measure (RAM). Therefore, pursuant to the RAO Regulations of the MCP (310 CMR 40.1000), the requirements for a Class A-3 RAO had been met at the site. On April 25, 2003, during construction activities being conducted under the existing AUL filed relative to RTN 3-21287, a four to six inch thick layer of petroleum-impacted soil that extended approximately ten to fifteen feet north to south was observed at the property boundary with 2 Goodhue Street. This petroleum-impacted layer appeared oil-saturated to the point that it could yield greater than 1/2 inch of nonaqueous phase liquid (NAPL) petroleum. Heavily petroleum- impacted soil had been observed previously at the site; however, after one year of monitoring this soil had not yielded a measurable NAPL layer. The apparent presence of 1/2-inch layer of NAPL indicated that an exceedance of an Upper Concentration Limit (UCL) had been encountered and a 72-hour reporting condition was identified. The construction foreman notified DEP of the condition on April 25, 2003 and RTN 3-22816 was issued relative to this layer. An Immediate Response Action (IRA) was implemented to assess and remove this area of apparent NAPL impact. As a result of the IRA implementation, approximately 15-cubic yards of soil was removed and placed in a water tight roll-off container. The soil was disposed at ESMI in Loudon, New Hampshire. A portion of a relict foundation was observed in the excavation as was a clay layer at approximately three to four feet in depth. The four to six inch thick NAPL-saturated soil layer was trapped by these features and resulted in the observation that led to the 72-hour reporting condition. The area of greater NAPL impact was limited to approximately 20 feet by 20 feet in area at a depth of approximately 6 to 9 feet. Representative end point samples were collected from the IRA excavation and exposure point concentrations (EPCs) for these data were compared to the EPCs generated for the Existing Class A-3 RAO. With the exception of the C9- CIO aromatic hydrocarbons, C5-C8 aliphatic hydrocarbons, and naphthalene, the EPCS for petroleum-related compounds detected in the IRA excavation were lower than those used in the previous Class A-3 RAO submitted for RTN 3-021287. Although the EPC for the C9-C10 aromatic hydrocarbons, C5-C8 aliphatic hydrocarbons, and naphthalene were slightly higher than those for the Method 3 Risk Assessment, the high values from the IRA excavation were far lower than the high values for the balance of the property. As such it is ENSR's opinion that the end point samples are consistent with the data set used in the Method 3 risk characterization which resulted in a determination of no significant risk. Accordingly, it is ENSR's opinion that the implementation of the IRA has resulted in a condition of no significant risk consistent with the existing Class A-3 RAO and a Class A-3 RAO has been achieved for RTN 3-22816. REASON FOR AMENDED ACTIVITY AND USE LIMITATION A Method 3 Risk Characterization was conducted to characterize the risk posed by the levels of contaminants in soil and groundwater at the site relative to RTN 3-21287. The Risk Characterization concluded that a level of No Significant Risk exists for the site if assumptions regarding future use and/or activities are made. Therefore, an AUL was required in order to limit human contact with contaminants in soil. The removal of heavily petroleum-impacted soil under Activity and Use Limitation Opinion 2 12 Goodhue Street Salem,Massachusetts 01970 RTN 3-21287 and 3-22816 RTN 3-22816 has resulted in the removal of a potential exceedance of a UCL condition. Conditions following the implementation of the AUL are consistent with those on the balance of the property. As such it is ENSR's opinion, that it is appropriate to add RTN 3-22816 to the AUL that was filed previously for RTN 3-21287. The AUL prohibits activities that would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. Additionally, uncontrolled exposure to the soil by adults will also be prohibited. PERNETTED USES AND ACTVITIES (i) Commercial and industrial activities and uses including but not limited to, vehicular parking, pedestrian and vehicular traffic, and landscaping and routine maintenance of landscaped areas such as lawn mowing or grass seeding, which landscaping and routine maintenance do not cause and/or result in direct contact with, disturbance of, and/or relocation of, the contaminated soil currently located beneath the ground surface; (ii) Any excavation and/or construction activities that may disturb or relocate contaminated soil located beneath the Property only if such activities are conducted in accordance with an LSP Opinion, a Soil Management Plan, and a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (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; and (iv) Such other activities and uses not identified below as being Restricted Uses and Activities. RESTRICTED USES AND ACTVITIES (i) Use of the Property which would likely lead to the long-term presence of children, such as a residence, school, nursery, daycare or recreational area. This restriction does not apply to commercial or industrial uses of the Property where children accompany adult customers; (ii) Any excavation and construction activities which are likely to disturb contaminated soil beneath the ground surface of the Property conducted without an LSP Opinion, Activity and Use Limitation Opinion 3 12 Goodhue Street Salem,Massachusetts 01970 RTN 3-21287 and 3-22816 a Soil Management Plan and a Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (iii) Demolition of existing structures and/or construction of new structures that may disturb contaminated soil beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; (iv) Relocation of impacted soil from beneath the ground surface of the Property without an LSP Opinion, the Soil Management Plan and Health and Safety Plan, each prepared as discussed below under Obligations and Conditions; and, (v) Use of the Property for growing fruits and vegetables for human consumption. OBLIGATIONS AND CONDITIONS (i) Prior to the commencement of any activity that is likely to disturb the contaminated soil located beneath the ground surface of the Property, a Soil Management Plan must be implemented that is prepared under the direction of an LSP who has reviewed the project file information, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the. requirements of the Soil Management Plan prior to initiating any work that is likely to disturb the contaminated soil beneath the ground surface of the Property, and the plan must be available on-site throughout the course of the activity; (ii) Prior to the commencement of any activity which involves the removal and/or disposal of the impacted soil and/or is likely to disturb the underlying contaminated soil at the Property, a Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented. The plan should clearly describe the location of the contaminated soil and specifically identify the necessary types of personal protective equipment, monitoring device(s), and controls. Workers who may come in contact with contaminated soil at the Property must be informed of the location of the contaminated soil and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the activity; (iii) The contaminated soil located at the Property may not be relocated, existing structures may not be demolished or reconfigured and/or construction of new structures may not be conducted where such demolition, reconfiguration and/or construction is likely to disturb contaminated soil beneath the ground surface of the Activity and Use Litnitation Opinion 4 12 Goodhue Street Salem,Massachusetts 01970 RTN 3-21287 and 3-22816 1 y Property, unless such activity is consistent with the risk characterization assumptions used as part of the Response Action Outcome Statement, and first appropriately evaluated by an LSP who has reviewed the proposed scope of the demolition, reconfiguration and/or construction and the project file, including, but not limited to, the Response Action Outcome Statement and Method 3 Risk Characterization and who renders an Opinion which states that such demolition and/or construction is consistent with maintaining a condition of No Significant Risk; and, (iv) Any future building construction or building renovation at the Property must include the installation of an appropriate system to prevent the migration of petroleum-related vapors into the occupied portions of any newly constructed or renovated building, such as a vapor barrier with subslab venting, constant positive pressure air flow or a mechanism which provides the same or greater prevention of vapor migration into the occupied portions of any newly constructed or renovated building. The specification for the vapor barrier should be determined by a licensed site professional based on the nature of the method used to divert potential soil gas entry into the occupied portions of any newly constructed or renovated building. If positive pressure is selected, the vapor barrier should be sufficient to retard soil gas entry into the occupied portions of any newly constructed or renovated building during periods of power outage or maintenance to the air handling system. Follow-up indoor air sampling for petroleum constituents must be conducted to confirm the effectiveness of these engineering controls in eliminating this exposure pathway. LSP OPINION Lawrence M. Hogan,PG, LSP ,i �YN�F•ua Senior Geologist rc� LmvrGnca � )t`,' Bogan y,� i ,No. 0250 > - Date i 16 !=F rGt r�iYa o •':\, ''SITE FP. 'Y Activity and Use Limitation Opinion 5 12 Goodhue Street Salem,Massachusetts 01970 RTN 3-21287 and 3-22816 Cftp of bairm, Aaaacbuattg Public Propertp ]Department jguilbing ]Department One oalem 6rren 745-9595 txt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 22, 1991 John A. Boris,Chairman Licensing Board One Salem Green Salem,MA 01970 RE: 2 Goodhue Street Dear Mr. Boris, At the meeting of April 17, 1991 the City of Salem Board of Appeal denied the application of Mr. Stephen Haley, to allow the above referenced property to be used for the sale and storage of motor vehicles. �Sincerely, �William H. Munroe Zoning Enforcement Officer WHM/eaf i 1 HARRY D. BERKAI. ATTORNEYS AT LAN' MARTIN HERKAL LEONA RII A.BERKAI. 28 LYND£STREET 11899.18841 MICHAEL N.STELMAN SALEM. MASSACHUSETTS 01970 MORES 1.SIMON TIMOTHY J.DAVERN TEL,4b 81746 020 11905-19851 JEEPRE.Y N.SHRIHMAN October 28, 1988 City Clerk Salem City Hall Washington Street Salem, MA 01970 Re: Petition for Zoning Variance Petitioner: W.W.W. ,Incorporated Premise: 2 Goodhue Street, r Salem,MA TO THE CITY CLERK: On June 30, 1988, a Petition was filed with your office for a zoning variance concerning property at `L Goodhue Street, Salem, Massachusetts. The Board of Appeals voted to deny said Petition on September 28, 1988, and has failed to file its decision in the offices of the City Clerk, or to give notice of said decision 'to the Petitioner and parties in interest as designated in M.G.L.Chapter 40A, Section 15 within the required time period. The Board' s failure to file it' s decision "shall be deemed to be the grant of the Appeal Application or Petition." The Petitioner hereby seeks approval of its Petition by reason of the Board 's failure to file its decision within the time prescribed. Notice has been sent this day to the parties in interest specifying that Appeals , if any, shall be made pursuant to M.G.L.Chapter 40A, Section 17, and shall be filed within twenty (20) days from this date. Yours very truly, W.W.W. , INCORPORATED By its Attorneys, BERKAL,STELMAN,DAVERN 6 SHRIBMAN � A MNS:sma Michael N. Stelman o CERTIFIED MAIL < �o m �+ 47 m m ai <- 'LID W O Gr.� z Ki t 7 �� _ __j m _ W :% d .ral W� r r O V s Plans must be filed and approved by the Inspector prior to a permit being granted P /� CITY OF SALEM No. ��I'% Ward HISTORIC DISTRICT? Y N �0'� Date 1013 IF FOR SIDING HAS ELECTRIC Home Phone 03 -7�5f S CO PERMIT BEEN OBTAINED? Y N Bust., Phone VIE 7 y5 -3I 00 APPLICATION FOR n PERMIT TO Z� '�i4-f� �r�R'L >�� - - TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address + � Architects nameO LOU ftX053180 Builder's name ��oLo0L1�T Cof15T2�tc:T2en _ - Location of building, No. 1 (;0,r)A h u What is the purpose of building? If dwelling, # of units? ul Material of bldng? W 0 6 J Will building conform to law? S Asbestos? O Estimated kU S cost ity Lic. tate Lic.lf /, y�•,d-r7 /U N Signature of Applicant SIGNED UNDER THE PENALTY 0 PERJURY DESCRIPTION OF WORE TO BE DONE X19S © p t ; C 0 Mail Permit to: )\j h s v d� � Wad APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location G00C/A e-+e�s PERMIT GRANTED Approve Building Ins' � D cJrie r CITY OF SALEM • MASSACHUSETTS ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO City solicitor 93 Washington Street Assistant city solicitor 5-r45,3'M Salem, Massachusetts 01970 eoalrn-tsso January 10, 1994 Zoning Board of Appeal City of Salem One Salem Green Salem, MA 01970 RE: Haley v. Bencal, et al Civil Action No. 91-1614 Dear Members: Enclosed herewith please find the Agreement for Judgment filed on behalf of the City of Salem for your information. Thank you for your assistance in this regard. Very truly yours, C�vc� ��ru•�, Leonard F. Femino Assistant City Solicitor LFF/Imp Enclosure cc: Robert A. Ledoux, Esq. COMMONWEALTH OF MASSACHUSETTS Essex, ss . Superior Court Department Civil Action No . 91-1614 STEPHEN HALEY, ) PLAINTIFF ) VS. RICHARD BENCAL, ET ALS, ) AS THEY ARE MEMBERS OF ) THE SALEM BOARD OF ) APPEAL, ) DEFENDANTS ) AGREEMENT FOR JUDGMENT Now come the parties , by their counsel, and stipulate and agree that the following entry be made on the docket: "Judgment on Count II declaring that the use of 2 Goodhue Street, Salem, Massachusetts , for the sale of used automobiles and for the storage of automobiles in the process of repair is a permissible use of said 2 Goodhue Street because it existed prior to any change in the Zoning Ordinance of the City of Salem making such use impermissible . "Count I is dismissed as moot. "Each party to bear its own costs . All rights of appeal are waived. " Respectfully submitted, Stephen Haley, Richard Bencal , et al By his Attorney, By their Attorney, IT homas C . Regan, ,BBO #548469 onard F . Femino, Esquire Pearl, McNiff , Crean, Cook & lexander, Femino & Sheehan Lauranzano 30 Main Street One School Street Peabody, MA 01960 Beverly, MA 01915 Telephone: ( 508 ) 531-1710 Telephone: ( 508) 921-1990 Dated: December 1 , 1993 - e� N�r•UIINV. CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 September 21, 1993 Mr. Leo Tremblay Building Inspector City of Salem One Salem Green Salem, MA 01970 Dear Leo: Enclosed please find a copy of a letter from Attorney Sheehan confirming your deposition of October 6, 1993 at 10:00 a.m. Very truly yours, Leonar . Femino Assistant City Solicitor LFF/lmp Enclosure PEARL, MCNIFF, CREAN, COOK & SHEEHAN ATTORNEYS AT LAW 30 MAIN STREET JOHN M.CREAN PEABODY,MASSACHUSETTS 01960-5552 MATTHEW J.KAVANAGH OLIVER T COOK MICHAEL S.HOULDEN WILLIAM H.SHEEHAN III PEABODY(508)331-1710 LAWRENCE J.O'KEEFE BOSTON(617)289-3456 THOMAS C.REGAN,PC MICHAEL T.SMERCZYNSKI,PC FAX(508)531-4895 SAMUEL PEARL,OF COUNSEL JOHN A.Mc NIFF,OF COUNSEL ARTHUR J.FRAWLEY,JR.,OF COUNSEL September 15, 1993 Leonard F. Femino, Esquire One School Street Beverly, MA 01915 Re: Haley vs . Salem Board of Appeals Dear Len: This will confirm our telephone conversation today that Mr. Tremblay will appear for his deposition at my office on October 6, 1993, at 10:00 a.m. Thank you for your attention. Sincerey yo , i Wil iam H. n III WHS:cs 77/9 i/H< ) v 71-79 1112 IY 0, flu vcji �N�-�t�f�1 vl,r,✓G,7� ; O DATE OF PERMIT I PERMIT NO. OWNER LOCATION James Weener ( 2 Goodhue St. BPD STRUCTURE MATERIAL DIMENSIONS NO.OF STORIES NO:OF FAMILIES I WARD I COST BUILDER BOARD OF APPEAL: 9/28/88 - DENIED - Variance from density and setbacks to allow construction of a single story structure for use as an office and car repair facility. BOARD OF APPEAL: 4/17/91 - DENIED - Variances to allow property to be used for sale of used cars and for storage of cars in the repair process. (Stephen Haley) (fit" Of `5alPm, �.�ZtSStICljuSPtts � - s -gnara of 'Areal J ' 1 MAY -1 48 :3 CITY �n DECISION_ON_THE PETITION OF STEPHEN HALEY FOR VARIANCES AT CIp•c SA!.E';, ?� ICF 1 2 GOODHUE ST. (BPD) A hearing on this petition was held April 17, 1991 with the following Board Members present: Richard Bencal, Chairman; Edward Luzinski, Joseph Correnti, Richard Febonio and Associate Member Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly advertised in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting variances to allow the property to be used for sale of used cars and for storage of cars that are in the repair process. Property is located in the Business Park Development District (BPD) . The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The property is located in the Entrance Corridor Overlay District (ECOD) . I 2. The immediate abutter spoke in opposition. 3. The petitioner failed to meet the burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district of the purpose of the Ordinance. • DECISION ON THE PETITION OF STEPHEN HALEY FOR VARIANCES AT 2 GOODHUE STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of the Variances requested. The motion to grant having failed togarner the required four affirmative votes to pass, fails, and the petition is denied. VARIANCES DENIED April 17, 1991 al Richard Febonio, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pureuant to Section 17 of the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing, of this decision in the office of the City Clerk. Pursuan+ to MA ns. Genera! Laws, Chapter 808, Section 11, the Variance or 4C2".ial oc-nit Pr.nte.' he.em ch.:Il not take effect until a copy of the decision, .`.erring the certiVcmion cf .he City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that it has been dismisse0 or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL n % J � n _ fT7 a ,� rn < \, O 0 D n W �• ti CTtu of ttlem, 'Massar4u$ett8 Nn 2 Poara of Appeal Z 56 FILE# DECISION_ON,THE PETITION OF JAMES H. WEENER FOR A VARIANCE AT CITY 6LSAiEm. mASS. 2 GOODHUE STREET (BPD) A hearing on this petition was held on August 10, 1988, and continued to September 28, 1988, at the request of the petitioner, with the following Board Members present: James Fleming, Chairman, Messrs. Nutting, Strout, Bencal, and Luzinski. Notice of the hearing was sent to abutters and others, and notices of the hearing were properly published in the Salem Evening News in accordance with the provisions of Massachusetts General Laws, Chapter 40A. The petitioner, represented by Attorney Henry Lucas, is seeking a Variance from Variance from density and use regulations to allow for the construction of a single story structure which will be utilized as an office and car repair facility at 2 Goodhue Street, currently in a BPD district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of evidence presented, and after viewing the plans, makes the following findings of fact: 1. The locus is situated on an important entrance corridor to the City. This entrance corridor will be heavily utilized with the construction of the new access road. 2. The building that the petitioner plans to erect on the locus is not appropriate for the locus. 3. The intended use is not appropriate for the locus. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect this property and not the district generally; • DECISION ON THE PETITION OF JAMES H. WEQNER FOR A VARIANCE AT 2 GOODHUE STREET, SALEM 2. Literal enforcement of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore the Zoning Board of Appeal voted 2-3 against the granting of the requested Variance. James Fleming, John Nutting voted to grant, Richard Bencal, Edward Luzinski, and Peter Strout voted against. The petition failed to gain four (4) affirmative votes, the Variance is denied. DENIED James �Fg , F.sq. of A 3 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AMID THE CITY CLERK APPEAL FROG THIS CECISION. IF ANY, SHkLL BE MADE PURSUANT TO S[CTi7N li OF THE C:N`_RAL LABS. CHAPTER SM. AND SH:,LL PE FILED WITHIN 20 DAYS AriER THE DATE Oi FUN] OF HIS Dni$!J(i I'I THE OFFICE CF THE CITY CLERK. PH -'.W TO M1".Q5. c'i°P,,' LC' S CI-Ai;i ER 503, SECTION 11. Til'_ l". E C? E N :,nC ERECT USiIL A COPY OF THE Cr^r JAYS 4. 'E CL„SED A N^ : i: T. IF S"_-.n J. r Y� P rF.fN FILE. :,A: li H.�' ': C;S', RF 1,1P"ED N 79= L;;}TH ES2:A RE':I- P,' OF DEEDS AND INCE??O 'JNC;.B THE OF RECJRD OR IS RECORDED AND NUFED ON THE OGi NER'S CERTIFICATE OF T17LE. BOARD OF APPEAL 11/16/2664 16:58 19787457396 PS SALEM PAGE 02 The Commonwealth of Massacltiusetes Elevator: 258-P-342 Printed , 02/06/2004 Department of Public Safety Chapter 143 of the General Lew.Section 65 slates the (elevator inspection)certificate snail be posted in a QC Ashburton FOR Boston, EL VATO 618 CERTIFICATE FOFE USE OF ELEVATOR consptovous place in or n,9ar the cab or oar of such Chapter 143, General Laws as amended elevator. Location: 12 Goodhue Street. Salem MA Location Public Storage Capacity* '4300 Pounds Speed: 100 Feet per minute j12 Goodhue Street Salem, MA 01970 State ID#: 258-P-342 F. T.#: 40153ri7- Owner. Issued on: 02/27/2004 F. F. .rr��A�,� , _ Expires: 6L / 1-1'7/07 elly Public Storage Apply for Fle-inspectl0 Kevin J. 12 Goodhue Street, so days Prior to Expiration Date. Acting Commissioner Salem, MA 01910 IN CASE OF ACCIDENT NOTIFY(617) 727-3200 AT ONCE. AFTER 5:00 PM&WEEKENDS, CALL (508) 820.1:121 Issued ❑ Work ❑ None REPORT UNSAFE CONDITIONS TO BUILDING MANAGER f OWNER The Commonwealth. of Massachusetts Elevator. 256-P-343 Printed - 02/0612DCa Department of Public Safety G hapter 143 of the General Law. Section 65 states the �p g�b � pj� g, QQg� llpo !elevator inspection)W tnricete shall be costed nn a x s UCERTIF oTE F01�1 IJSEoOx�ELEVAT 618 I conspicuous place in or near the cab 0'car of such chapter 143. General Lawsas amended elevator. LOC Ion: 12 Goodhue Street, Salem MA I I Location: Public Storage Capacity: L) Pounds Speed( 1100 Feet perrnmute 12 Goodhue Street Salem., MA 01970 State ID#: 258-P-343 F. T.#: 4016368 P SS Owner: Issued on: 02/27/2004 F. F. A r l Explres: public Storage Apply for Re-inspection Kevin J.Kelly 12 Goodhue Street. 60 days Prior to Expiration Date, Acting Commissioner Salem. MA 01970 IN CASE OF ACCIDENT NOTIFY (1517)727-5200 AT ONCE. AFTER 5:00 PM &WEEKENDS, CALL(508) 820.2121 Issued Work None REPORT UNSAFE CONDITIONS TO BUILDING MANAGER! OWNER II I � I i I i it COMMONWEALTH OF MASSACHUSETTS Essex, ss . Superior Court Department Civil Action No. 91-1614 STEPHEN HALEY, ) PLAINTIFF ) VS. ) RICHARD BENCAL, ET ALS, ) AS THEY ARE MEMBERS OF ) THE SALEM BOARD OF ) APPEAL, ) DEFENDANTS ) PRETRIAL CONFERENCE MEMORANDUM 1 . Statement of the Case This is an appeal from a denial by the defendant Board of Appeal of plaintiff 's application for variance filed March 8, 1991 . By his application, the plaintiff sought to continue to use a vacant lot consisting of approximately 22 , 125 square feet at 2 Goodhue Street, Salem, Massachusetts , for the sale of used cars and for storage of cars in the process of being repaired. The plaintiff contends that the defendant's denial exceeded its authority and was arbitrary and capricious because ( 1) the plaintiff cannot use the locus in; aecordance with the present zoning ordinance ( it fails to meet dimensional requirements ) ; ( 2 ) denial of the use variance effectively prohibits the plaintiff from making any use of his property; ( 3 ) the use variance requested would merely continue a long-standing use of the property; ( 4 ) the likelihood of hazardous materials on the site satisfy the statutory predicate that circumstances exist relating to the soil conditions of the premises; ( 5) two of the Board's three findings of fact are totally irrelevant as a matter of law and the third "finding" is merely a conclusion of law; and (6 ) the Board's conclusions of law are erroneous and unsupported. 2 . Agreed Upon Issues of Fact The premises are in the Business Park District (BPD) . 3 . Contested Issues of Fact The contentions set forth in Paragraph 1 supra enumerate the fact issues in this action. 4 . Agreed Upon Issues of Law G.L. , c . 40A, §10 prescribes the legal standard for the issuance of a variance . The plaintiff is entitled to a de novo review of the Board' s decision. G.L. , c . 40A, §17 5 . Contested Issues of Law Whether the facts warrant a finding that the Board exceeded its authority in denying the plaintiff 's variance application. The plaintiff relies on Cavanaugh v. DiFlumera, 9 Mass . App. Ct. 396 ( 1980 ) to support its contention that it meets the statutory requirements for a variance. 6 . Witness List Stephen Haley Lou Russo Tony Guarino James Weener Arthur J. Frawley, Jr. Keeper of Records , Salem Board of Appeal Keeper of Records , Salem Licensing Board Members of Salem Board of Appeal Plaintiff reserves the right to supplement this list . 7 . Exhibits Agreed Upon Plaintiff knows of no agreed upon exhibits . 8 . Exhibit List Salem Licensing Board records Salem Board of Appeal records Photographs of site Records of Essex South District Registry of Deeds Plans of site Salem Assessor's office records Salem Zoning ordinances and Maps, past and present Salem City Clerk records Plaintiff reserves the right to supplement this list 9 . Identity of Expert Witnesses Arthur J. Frawley, Jr. will testify as to matters of record at the Essex South District Registry of Deeds pertaining to the premises at issue. 10 . Estimated Length of Trial Two days . 11 . Settlement Posture The plaintiff is confident that he will be able to convince the defendant Board that the use of the premises for sale of used cars and storage of cars in the process of being repaired is a lawful, prior non-conforming use, thus permitting the parties to enter an agreed judgment dismissing the action as moot, the use being a lawful prior non-conforming use. Plaintiff 's counsel has provided to defendant's counsel proof on the issue of lawful, prior nonconforming use. Defendant ' s counsel will present the evidence in the very near future to the inspector of buildings for his response. Respectfully submitted, Stephen Haley, By his Attorney, William H. Sheehan III , BBO #457060 PEARL, McNIFF, CREAN, COOK & SHEEHAN 30 Main Street Peabody, Massachusetts 0196_0 Telephone: ( 508 ) 531-1710 Richard Bencal, et als , as they are Members of the Salem Board of Appeal , By their Attorney, Leonard F . Femino, Esquire Alexander, Femino & Lauranzano One School Street Beverly, MA 10915 Telephone: ( 508 ) 921-1990 Dated: May 3 , 1993