The URL can be used to link to this page

60 GROVE STREET - BUILDING INSPECTION 60 GROVE STREET t ttv atlantic design group 19 Ocean Avow .'.., Alagnatia,MA 01930 G.F9,W, h` .,., 1� 978 525 3443 ' \.'1*"� H&H Propeller 2�,• +'"y , 63GmveStmdI0'0e� 5t°fF� salon,MA scale:as noted rune 22,2006 DWGA-1 a. _. . r,;�. '7" .DCL:".... .,... � ,,• +,, , 4 • f I fir, �� •�•, _ ,� . . ��h /,"1'*f I61,o 14AL03 eA�I 7077-3258 63 Gove Sheet,Salem MA overhead garage door steel bm HP 835 Data:8(2M BeamChek 2.3 choke W 8x 31 A36 Wide flange Steel Lateral Support at: Lc=8.4 ft max. Cgrldiftoris Actual size Is 8 x ft. Min Bearing Length R1=0.9 in. R2=0.9 I m. DL Dell 0.02 in Suggested Camber 0.03 in Data Beam Span 10.0 ft Reaction 1 12405# Reaction 1 LL 11025# Beam Wt per it 31,0# Reaction 2 12405# Reaction 2 LL 11025# Bm Wt Included 310# Madmum V 12405# Max Moment 31013'# Maps V(Reduced) WA TL Max Deff 4/240 TL Actual Deft L/687 LL Max Dail L/380 LL Actual Dell 1-1773 AWqutes Section(W) Shear f TL Dell(in) LL Deo Actual 27.50 2.28 0.17 0.16 Critical 15.66 0.86 0.50 0.33 Status OK OK OK OK Ratio 57% 38% 35% 47% Fb Fv E x mill Values Base Value Fy 36000 36004 29.0 Bass Adjusted 23760 14400 29.0 AYP Factor,Lc 0.86 0.40 Loads Uniform TL 2450 =A Uniform LL 2205 Uniform load A R1 =12405 R2=12405 SPAN=10 FT Uniform and partial uniform toads are lbs per Pineal R e7 ly 44 atlantic design group 19 ocean Avow . f �� f�r(i41pa K� K ((i Magnolia,MA 01930 \Q.. 600H W* 978 525 34743 /j, proposed Overh . 13eam H&H Propeller �:.�ty.: ,► : : ,:�ol,o�� 5��a 63 Grove Street Salem,MA �:as noted June 22,2005 DWG A 1 _. ... . : . 7- > �'. . Reg�atian#s 7077-3259 63 Gove Street Salem MA overhead garage door steel bm HP 835 Date:622/05 BeamChek 2.3 Choice W 8x 31 A36 Wkle Flange Steel Lateral Support at Le=8.4 ft max. Conditions Actual Size Is 8 x 8 in., Mar Bearing Length R1=0.9 in. R2=0.9 tn. DL Defi 0.02 in Suggested Camber 0.03 in Date Beam Span . 10.0 ft Reaction 1 12405# Reaction 1 LL 11025# Beam Wt per It 31.0# Reaction 2 12405# Reason 2 LL 111025# Bm Wt Included 310# Mwdmum V 12405# Max Moment 31013 W Max V(Reduced) WA TL Max Doff L/240 TL Actual Dell L/687 LL Max Deft L/360 LL Actual Deft L/773 Atblbutes Section(Ur') Shear(in°) TL Deft(in) LL Deft Actual27.50 2.28 0.17 0.16 Critcal 15.68 0.86 0.50 0.33 Status OK OK OK OK Ratio 57% 38% 36% 47"A Fb Fv E(psi xm Values Base Value Fir 36000 3WW 29.0 Base Adjusted 23760 14400 29.0 Ad76d YP Factor,Lc 0.66 0.40 r Lands Uniform TL 2450 =A Uniform LL 2205 Uniform Load A R1 =12405 R2=12405 SPAN=10 FT Uniform and partial uniform bads are lbs per fineal ft. CITY OF SALEM, MASSACHUSETTS ` BUILDING DEPARTMENT s 120 WASHINGTON STREET,3" FLOOR TEL. (978)745-9595 Fax(978)740-9846 KIMBERLEY DRISCOLL MAYOR THOMas STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER MRM Project Management Cabot Companies Trust P.O Box 388 Beverly Ma 01915 Re: 60-62 Grove Street Dear Owners, 1 am issuing a"Stop Work Order"on any additional demolition of buildings on your site.The permit being stopped is 8-16-404. This order is in effect until issues with the DEP are resolved and notification of that is made by the DEP.If you have any questions,please contact me directly. If you feel you are aggrieved by this order,your Appeal is to the Board of Buildings,Regulations and Standards in Boston. Sincerely, Thomas St.Pierre GFSGEOLOGICAL FIELD SERVICES, INC. May 10, 2013 Mayor Kimberly Driscoll City of Salem 93 Washington St. Salem,MA 01970 RE: Notice of Activity and Use Limitations Recording Former Salem Oil and Grease 60—64 Grove Street Salem, MA 01970 Dear Mayor Driscoll: Enclosed are certified copies of the Notice of Activity and Use Limitation(AUL)and Confirmatory Notice of Activity and Use Limitation that have been recorded by MRM Project Management LLC on the above referenced property. The documents were prepared in accordance with the Massachusetts Contingency Plan (MCP) 310 CMR40.1074. The Confirmatory Notice of Activity and Use Limitation was necessary to correct an administrative error in the initial AUL. Should you have any questions,please contact me. Sincerely, GEOLOGICAL FIELD SERVICES, INC. 6�7Luke Fabbri President, LSP 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978) 594-1376 i` Massachusetts Department of Environmental Protection - ACTIVITY Bureau of Waste Site Cleanup BWSC113 & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 60 GROVE ST 3. Cityrrown: SALEM a 4. ZIP Code:1019700000 /1 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier 1A ❑ b. Tier 1B ❑ c. Tier 1C ❑✓ d. Tier2 6. If a Tier I Permit has been issued, provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) ❑✓ 1. Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081 ❑ 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). ❑ 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). ® 6. Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: ❑✓ a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) _ 22167 �3 - 24908 covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised: 06/27/2003 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 4 0.1070-40.1084(Subpart J) 2131 C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTHERN DISTRICT REGISTRY OF DEEDS b. Book and Page Number and/or Document Number: 32409/54 c. Date of recording and/or registration: 4/24/2013 mm/dd/vvvv 2. 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. 3. Street Address: 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: ❑ a.change in contact name ❑ b. change of address c. change in the person undertaking response actions 2. Name of Organization: MRM PROJECT MANAGEMENT LLC 3. Contact First Name: MICHAEL 4. Last Name: HUBBARD 5. Street: 9 ABBOTT ST 6.Title: 7. Cityrrown: BEVERLY 1 8. State: MA 9. ZIP Code: 019150000 10. Telephone: 9783601305 11. Ext.: 12. FAX: 13. Is the person described in this section the owner of the property? 0 a. Yes ❑ b. No, if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑d 1. RP or PRP ❑✓ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L. c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c. 21 E,s.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised:06/27/2003 Page 2 of 4 LEIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) F.REQUIRED ATTACHMENT AND SUBMITTALS: ❑✓ 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any, in accordance with 310 CMR 40.1074(1)(e),via certified mail. ❑ a. Check here if there were no record interest holders. b. Date of certified mailing: 4/9/2013 mm/dd/yyyy ❑✓ c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official, and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify thatwithin 30 days of recording and/or registering the AUL, including amending, releasing or ❑d terminating the AUL, a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. ❑ 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located, a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑J terminating the AUL, a certified copy of the AUL, including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome ❑ Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.I, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subjecttotheAUL 2. 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13. Ext.: 14. FAX: Revised:06/27/2003 Page 3 of 4 Massachusetts Department of Environmental Protection - Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) a - 2131 H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1 I IMichael Hubbard I ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true, accurate and complete,and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. Uthe person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I (if person submitting the AUL Transmittal Form is the property owner), or 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL, owned such property on the date that the AUL was recorded and/or registered 3. By, Michael Hubbard 4. Title: Signature 5. For: MRM PROJECT MANAGEMENT LLC 6. Date: 4/29/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 4/29/2013 5:34:35 PM Revised:06/27/2003 Page 4 of 4 ` -rD Form 1075 m4 241400570 Bk 324 09 Pg;54L PS 5 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 I Disposal Site Name: 60 Grove Street Former Salem Oil and Grease DEP Release Tracking Numbers: 3-2131, 3-22167 and 3-24908 This Notice of Activity and Use Limitation ('Notice") is made as of this 181h day of April, 2013, by MRM Project Management, LLC, of 9 Abbott Street, Beverly, Massachusetts, 01915, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Michael Hubbard, Member of MRM Project Management, LLC, is the owner in fee simple of those certain parcels of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County (Southern District) Registry of Deeds in Book 25700, Page 109; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof('Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Essex County (Southern District)Registry of Deeds in Plan Book 152,Plan 98; WHEREAS, the Property comprises all a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ('Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ('MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ('AUL Opinion"), dated April 8, 2013, which is attached hereto as Exhibit C and made a part hereof; NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: S..10® ... ... 10G( _. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) 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 (v) 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) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 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 eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(NLA-DEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained n the requirements ofSoil Management Plan, > and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will invalidate the conclusion that no substantial hazards remain. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the 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. 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 of Deeds and/or Land Registration Office. e e n h eof under seal this 18`h day of April 2013. ichael Hu d,Member of the MRM Project Management,LLC COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18, 2013 On this 181h day of April, 2013, before me, the undersigned notary public, personally appeared Michael Hubbard, proved to me through satisfactory evidence of identification, which was a driver license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. as Manager for MRM Project Management, a Limited Liability Corporation Notary Signature Notary Seal My commission expires MK GARLA S.COX Notary Public COMMONWEALTH OF MASSACHlISEnS My Commission Expires December 1,2017 i I 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. OF c >> LUKE y6m Date: April 18, 2013, LSP Seal g A. Luke A. Fabbri, LSP : FABBRI " C r Na.9988 ►i► Q`cC/STEP Sg`P�i ► S/IE Pilo COMMONWEALTH OF MASSACHUSETTS Essex, ss April 18, 2013 On this 18`h day of April, 2013, before me, the undersigned notary public, personally appeared Luke A. Fabbri, proved to me through satisfactory evidence of identification, which was a driver license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Signature 4 Notary Seal My commission expires CARIA-S. Notary Public COMMONWEALTH Commission OF ssionMASSACHUSETTSExpires My Commission Expires [�,UT December 1,2017 Upon recording, return to: MRM Project Management, LLC. 9 Abbott Street Beverly,MA 01915 I ' EXHIBIT A 1 ti. NV 2005082400158 Bk;25700 P�g;109 DEED 0512412M ii,ee,ae oeeo 112 Property Address: 60 and 64 Grove Street and 3 Harmony Grove Road,Salem,MA Erik K. Smith,Trustee of Blubber Hollow Realty Trust under Declaration of Trust dated June 18, 1965,recorded at Essex South District Registry of Deeds in Book 5292,Page 170,for consideration of$214,000.00 paid and other valuable consideration,hereby grants to MRM Project Management,LLC, a limited liability company duly organized and validly existing under u the laws of the Commonwealth of Massachusetts of 9 Abbott Street,Beverly,MA 01915 with quitclaim covenants, All of the land in Salem, Essex County, Massachusetts, described as Parcel One, Parcel Two, Parcel Four, Paieel Five, and Parcel Six in deed dated June 1, 1967, from Salem Oil & Grease M Co. to the Trustees of Blubber Hollow Realty Trust, recorded at Essex South District Registry of Deeds in Book 5452, Page 120, meaning and intending to describe the land shown-Es Assessor's Parcels 236 and 237 on Assessor's Plan#16, and is the land shown on Plan recorded with said Registry in Plan Book 152, Plan 98, as the parcel containing 5.44 acres (excepting a portion GS thereof which was transferred by Deed filed as Document 406956 at the Southern Registry t - District for Essex County), the parcel containing 26,945 square feet, and the parcel described in y Deed recorded at said Registry in Book 7654,Page 26; and All of the land in Salem, Essex County, Massachusetts, contained within Assessor's Parcel#239 u on Assessor's Plan#16,known as 3 Harmony Grove Road,which land consists of 7 a (a) The parcel of land in Salem, Essex County, Massachusetts, shown on a plan recorded at sC said Registry in Plan Book 152, Plan 98, as containing"Area 20,990 square feet', lying ,pg r/a between the railroad tracks now or formerly of the Massachusetts Bay Transportation Authority and the North River;and (b) the triangular parcel of land bounded Northeasterly by Harmony Grove Road, about 115 feet, Southwesterly by the old canal about 112 feet, and Southeasterly by land of Harmony Grove Cemetery Corporation about 28 feet, described in deed from Robert L. Smith to Robert L. Smith et al, Trustees of Blubber Hollow Realty Trust recorded at said Registry in Book 5292,Page 183; and (c) all of the land and flats which are appurtenant to all of the above-described parcels of land, lying Northerly and Northeasterly of the location of the Boston and Maine Railroad, as described in deed recorded at said Registry in Book 5292,Page 183; and cq.l� <ax (d) the land shown on Plan recorded at Essex South District Registry of Deeds in Plan Book 152, Plan 98, which is bounded Southerly by the North River, Easterly by land of`— Harmony Grove Cemetery Corporation; Northeasterly by the triangular parcel described above in subparagraph(b),Northerly by Harmony Grove Road, and Westerly by land of the Harmony Grove Cemetery Corporation;and (e) such portions of the said Assessor's Parcel 239 as are located within the boundaries of the North River,subject to the rights of others thereto,if any. Said land is conveyed together with the right to pass and repass on foot and with vehicles, in common with Boston and Maine Corporation, and its successors and assigns, and with others now or hereafter having rights therein, on, over and across a tract of land containing about 894 square feet of land and shown as "Permanent (crossing) Easement" on the plan recorded with Deed from Boston and Maine Corporation to the Grantor, dated February 10, 1967, at said Registry in Book 5452, Page 111, subject to the restrictions, reservations and agreements contained in said Deed. Executed as a sealed instrument this 1-3 day of May,2 i Erik K. Smith,Trustee -- COMMONWEALTH OF MASSACHUSETTS Essex, SS On this day of May, 2006,before me,the undersigned notary public,personally appeared Erik K. Smith,Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was currently valid Massachusetts driver's license issued by the Commonwealth of Massachusetts Registry of Motor Vehicles, to be the person whose name is signed on the preceding document,and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires: 1 Z-(7` t O F.VRw14190 05-0847deed to LLC.doc - CARLA S.COX SALIEM CnmmonC aIN sal M�ass6qurac sstb DF—E G 10 becember1�,2610 05/24/0610:56f1M 01 Oil= #3660 ...:. _ ._ .. FEE CASH -$rt KEY GAp AUL AREA y GRp ' µMAN o`-moo� di�- __—__— MAP la LOT aw / NP /��/ _'�— \ fAmM aus gym.ue N,IHm RIVER CANAL TpAL p A TF 77 � V AumaRlrr " eAr mArawlX)ranw+ MAx IYn1,a4�>t�81 S,:,n 1 ,� Vu, I� M. Ww fr^' ' ttR( �SScr'n:^aaiM xame.w X 4, ��ll Y >gtwna+n � f� CANAL npAL Cwt ?4ePim6T RBNSIOIIs a oft L -MRP 18 tbT 45B GG `9��wmc,anPnZ. tzmw - GFS �kA aur �, vu Mvrc � tt rt �,. r Tsmasraam .:nz MRM PROJECTAN AGEMENT, _ 11""""ii -� .a.fn MLLC n mo o°a.ss>m - - wvw� SALEM. NA P, a a.,. BEAVER STREET m.s waP EXHIBIT B- p10.AREA GWIRC SCRfE Y-d ;.••@L Iex MAf 1 EXHIBIT C AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.108 1, this Notice of Activity and Use Limitation(AUL) Opinion has been prepared for the parcel of land owned by the MRM Project Management, LLC,Michael Hubbard,Manager(the "Owner"), located at 60 Grove Street, Salem, Essex County,Massachusetts 01970. The site formerly known as Salem Oil and Grease (Salem O&G), is currently a vacant manufacturing facility that has been abandoned since 2002. The area to which the AUL has been applied,the "AUL Area", is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of three parcels identified as Lots 236, 237 and 239 on the City of Salem Assessors Map 16. The Disposal Site as defined in the Phase II—Comprehensive Site Assessment is the AUL Area shown on Exhibit B. The City of Salem has approved a mixed used development for the Property. The approved redevelopment plan includes commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments. The apartments will be leased with a central management responsible for maintaining and operating the Property. This AUL Opinion describes the site history,type and location of residual contamination, response actions taken to date,risk characterization process,reasons for an AUL, permitted activities and uses, inconsistent activities and uses, and obligations and conditions necessary to maintain a level of"No Substantial Hazard"as defined by the Massachusetts Contingency Plan. Site History,Type and Location of Residual Contamination, Response Actions The Site was historically used as a sand pit, gristmill,tannery, gas tank storage facility, and most recently for the manufacturing of leather conditioning oil. The Site was first industrialized as a gristmill in the 1700s. Prior to 1912,portions of the site were used by the Frye Tannery, Sims Morocco Factory, King Upton Felting Mills, Salem Gas Light Company, and the Bay State Belting Company. In 1912, Salem O&G occupied 60 Grove Street, they grew to acquire the eastern portion of 64 Grove Street in the 1930's. They acquired the western portion of 64 Grove Street and 3 Harmony Grove Road in 1965 after the tannery burned. Salem O&G evolved from manufacturing whale oil products to the production of proprietary blends of specialty oils for the leather tanning industry. The oils were manufactured using fish oils, vegetable oil, mineral oil and animal fats. Manufacturing operations were terminated at the Site in 2002. The Site is listed under Release Tracking Numbers (RTN) 3-2131, 3-22167 and 3-24908. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of EP-290 oil when a plastic storage tank fell of a forklift on a loading dock. RTN 3-24908 was issued in 2005 for a release of oily wastewater sludge from the wastewater sludge accumulation tank. The following is brief summary of the related RTNs. 3.1 RTN 3-2131 On April 15, 1989,MADEP issued a Notice of Responsibility (NOR)to Salem O&G based on the findings of a Phase I investigation. A Waiver of Approval was issued and Phase II Comprehensive Site Assessment Report and Phase III Report on Remedial Action Alternatives were submitted in December 1991. A Phase IV Report was filed in August 1994. The investigations were completed in accordance with 310 CMR 40.000. I I The contaminants-of-concern(CDCs) in soil included poly-aromatic hydrocarbons (PAHs),total petroleum hydrocarbons (TPH), and heavy metals arsenic, lead, and chromium. The investigation indicated that ground water was not significantly impacted by the releases. Based on the investigation, a soil removal action was recommended for the former tannery area, several I areas were capped with bituminous pavement and several building's basements were secured. A soil remediation was implemented and a Waiver Completion Statement was filed on June 6, 1994. The Waiver Complete Statement stated that a"Permanent Solution,"based in part on an AUL had been achieved. The AUL restricted the use of three portions of the Property and access to the basements of the Former Sulfonation Building, Office Building, Finishing Building and Cooperage Room Building. The AUL, referred to as a"Notice of Environmental Restriction" was recorded in on August 16, 1994, in Book 12,708 on Page 172. The 1994 AUL has not been rescinded as of the filing of this AUL. 3.2 RTN 3-22167 On October 2, 2002, a sudden release of oil,EP-290, occurred while personnel were transferring a 300-gallon capacity plastic AST. The release occurred when an AST fell off of the forklift handling it. Product was release to loading dock and adjacent area. Salem O&G contracted emergency response and LSP services to contain the release, prevent migration to Strongwater Brook and remove impacted soil under a verbal IRA. On April 23, 2003, the LSP of Record resigned because Salem O&G did not pay for services rendered. Between January and June of 2004, MADEP issued several NONs to Salem O&G for failing to comply with the MCP requirements and time lines. In 2007, under new ownership the RTN was assessed and then linked to RTN 3-2131 and included in the overall site assessment. 3.3 RTN 3-24908 On June 10,2005, prompted by a request from the Salem Fire Department, MADEP issued an NOR to the Blubber Hollow Realty Trust,the former property owner, for a release of wastewater sludge from the accumulation tank adjacent to the "Finishing Building." The 6,000-gallon capacity AST had overflowed from rainwater entering the open top of the tank. The release spread out on the concrete spill containment pad located adjacent to the AST and the "Finishing Building." The NOR from MADEP also required the containment and removal of the abandoned OHM containers left over from the former operations and assessment of the Property. Blubber Hollow Realty Trust informed MADEP that they were financially incapable of addressing the sludge release or the overall requirements of the NOR and that they were in the process of selling the Property. After a failed attempt to sell the Property and multiple exchanges with MADEP the Blubber Hollow Realty Trust transferred the Property to MRM. On June 23, 2006, MADEP issued a NOR for RTN 3-24908 to MRM for the sludge release, site security, removal of the OHM containers and overall assessment of the Property. On August 24, 2006, an IRA Plan was submitted to MADEP for the removal of the OHM left on the Property by the former manufacturing operations. The IRA remained open until February 2009. RTN 3-24908 was linked to RTN 3-2131 when the Phase I- Initial Site Investigation and Tier Classification were filed. { NATURE AND EXTENT OF CONTAMINATION The nature and extent of soil, ground water and sediment contamination has been derived from current 2012 Phase II and former 1991 investigation data. Site wide COCs include PAHs, arsenic, chromium, and lead. The source(s) of contamination is not attributed to a single release, but the result of the industrial and manufacturing activities performed at the Site for approximately 150 years. Site wide COCs are widespread in the top three to six feet of soil and are associated with the presence of coal, coal and wood ash, and clinkers. In localized areas (AUL2) the thickness of the fill has been observed to be much as 12 feet. The materials were used as fill for grading the Property. Beneath the buildings the release mechanism was leaching and infiltration via the floor cracks and drains of the buildings. The South Essex Sewer District j (SESD) pile is soil that was brought onto the Property during the construction of a sewer line along Harmony Grove Road. Former Tannery Infiltration(FTI) is located north of Building 59 between the railroad tracks and the North River. This area is where the sludge beds for the former tannery are located. At least two sludge beds are known to be located here. COCs in the sludge include PAHs,EPH, VOCs, and metals. Concentrations of arsenic, chromium and EPH exceed Upper Concentration Limits (UCLs) and the area is a"Hot Spot'as defined by the MCP. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. UCLs are exceeded in a couple of other isolated spots elsewhere on site but resampling has determined that the concentrations are pervasive and those areas are not considered"Hot Spots." Minimal concentrations of EPH, arsenic, barium, chromium and VOCs have also been detected in groundwater. All of the detected concentrations are significantly below MCP Cleanup Standards even in the FTI area. Sediment analytical results from Strongwater Brook(North River Canal) show PAH and metals impacts are widespread indicating a non-point source not associated with the site. Impacts appear upstream, downstream and adjacent to the Site. Given the history of the river accepting numerous discharges from the leather industry upstream in Peabody, elevated background concentrations were expected. Past industries at the property are known to have discharged to the river but the releases of CDCs from the regulated"Disposal Site" are not known to be directly impacting the surface water or sediment in the river. Ground water is not affected by the "Disposal Site"therefore,the discharge of ground water to the river is not impacting surface water or sediment. Surface water analytical results from the North River Canal show no impact to the waters from the Site. Risk Characterization Process and Reasons for an AUL The conclusion of the Method I Risk Characterization presented in the Phase II report was that a Condition of No Significant Risk" (NSR) did not exist on the site due to potential exposure to contaminants in soil. The report concluded that exposure pathways had to be eliminated by excavation and capping and that an AUL would be required to prohibit direct contact with soil under any scenario unless remedial response actions are successful in achieving a condition of NSR for all exposure pathways. This conclusion was based primarily on the FTI being a"Hot Spot'that would present a Substantial Hazard is left uncontrolled. i A Method 1 Risk Characterization was presented in the Phase II report. The current scenario is that the property remains a vacant industrial Property for the short term while the redevelopment plan is take through the permit process. The approved redevelopment plan permits commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments leased with a central management responsible for maintaining and operating the Property. Potential receptors under current use include trespassers and above grade demolition workers exposed to contaminated soil via ingestion and/or dermal adsorption. During redevelopment there will be construction workers and post construction there will be residents. The site wide risk driver is arsenic in soil. The FTI is a"Hot Spot"that was evaluated separately. Ground water has not been impacted. MADEP Short Forms were used to calculate the risk to each receptor. Site wide there is NSR to trespassers or above grade demolition workers. There is a risk to construction workers and future residents unless remedial response actions are implemented and site use is controlled using an AUL. The FTI is a"Hot Spot" and would present a Substantial Hazard is left uncontrolled. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. The North River controls access on the opposite side. The majority of the Property is fenced and routinely patrolled as part of a fire watch. The reasons for this AUL are to control the access and current use of the site and FTI area and to facilitate the remediation process to be implemented during the redevelopment project. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) 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 (v) 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) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, . safety, public welfare or the environment and,ensures the condition of"No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or Q p PP g conditions to be undertaken and/or maintained at the Property to eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. ♦AA H OF qui_ LUKE FASSRI L LSP- N0.9985 C Luk abbri, Licensed Site ProfessionalyJ�S0 STEPF� �f DATE: April 8, 2013 COUIONWEAtTH OF MASSACHUSE-ITS ESSEX REGISCS, SO.DIST ALENI,MASS EssEX SS �` ` t c 20 ^ BOAPAGC_ ATTEST: d�VLISTER LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) Q - 2131 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 160 GROVE ST 3. City/Town: SALEM 4. ZIP Cade: 019700000 ❑✓ 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier 1A ❑ b. Tier 1 B ❑ c. Tier 1 C ❑✓ d. Tier 2 6. If a Tier I Permit has been issued, provide Permit Number: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Submit a certified copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 ❑ 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). ❑ 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑✓ 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: ❑✓ a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) _ 22167 E - 24908 covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTHERN DISTRICT REGISTRY OF DEEDS b. Book and Page Number and/or Document Number: 32452 577 c. Date of recording and/or registration: 5/9/2013 mm/dd/vvvy 2. 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. 3. Street Address: 4. CityfTown: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. Check all that apply: ❑ a. change in contact name ❑ b. change of address c. change in the person ❑ undertaking response actions 2. Name of Organization: MRM PROJECT MANAGEMENT LLC 3. Contact First Name: MICHAEL 4. Last Name: JHUBBARD 5. Street: 9 ABBOTT ST 6.Title: 7. City/Town: BEVERLY 8. State: MA 9. ZIP Code: 019150000 10. Telephone: 9783601305 11.Ext.: 12. FAX: 13. Is the person described in this section the owner of the property? 0 a. Yes ❑ b. No, if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment. E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) ❑d 1. RP or PRP ❑✓ a. Owner ❑ b. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary, Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c. 21 E,s.50) ❑ 4. Any Other Person Submitting AUL Specify: Revised: 06/27/2003 Page 2 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 2131 F.REQUIRED ATTACHMENT AND SUBMITTALS: ❑✓ 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(e),via certified mail. ❑ a. Check here if there were no record interest holders. b. Date of certified mailing: 4/9/2013 mm/dd/yyyy ❑d c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official, and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL, a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. ❑✓ 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify thatwithin 30 days of recording and/or registering the AUL, including amending, releasing or ❑✓ terminating the AUL,a certified copy of the AUL, including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome ❑ Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. I, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subjectto the AUL 2 3. Date: Signature mm/dd/yyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 8.Title: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13. Ext.: 14. FAX: Revised: 06/27/2003 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) a 2131 H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1 I Michael Hubbard I ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (ii)that, based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete, and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but not limited to, possible fines and imprisonment,for willfully submitting false, inaccurate, or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), or 2. Name of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL was recorded and/or registered 3 By. Michael Hubbard,;, v w f" d ,, ,•. 4. Title: Signature 5. For: MRM PROJECT MANAGEMENT LLC 6. Date: 5/9/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy F17. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext.: 14. FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 5/9/2013 6:20:54 PM Revised:06/27/2003 Page 4 of 4 �a 1 , 201I305IL0IIIIILIIIILIIIIIIIIIIIIIIIIIIIIIIIIIII �p 900382 Bk;32452 Pg;511 05/09/2013 03:35 NOTC RUL Pg 1/19 a Form 1075 i CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION a, M.G.L. c. 21E, § 6 and 310 CMR 40.0000 a Disposal Site Name: 60 Grove Street Former Salem Oil and Grease DEP Release Tracking No.(s): 3-2131, 3-22167 and 3-24908 i j This Confirmatory Notice of Activity and Use Limitation ("Notice") is made as of this 9b day of May, 2013, by MRM Project Management, LLC, of 9 Abbott Street, Beverly, Massachusetts, 01915, together with its successors and assigns (collectively s "Owner"). . i WITNESSETH: i WHEREAS, Michael Hubbard, Member of MRM Project Management, LLC, is the owner in fee simple of those certain parcels of land located in Salem; Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County (SouthernDistrict) Registry of Deeds in Book 25700, s Page 109; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof(Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in s the Essex County (Southern District)Registry of Deeds in Plan Book 152, Plan 98; q 9 WHEREAS, the Property comprises all a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent i' such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and s 5 WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ('Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ('MCP"). Said response actions are based upon(a) the restriction of human access to and contact with oil and/or hazardous material in soil i and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion('AUL Opinion"), dated April 8, 2013;which is attached hereto as Exhibit C and jmade a part hereof; NOW, THEREFORE, notice is hereby-given that the activity and use limitations set forth in said AUL Opinion are as follows: I 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any above grade non-intrusive activities including but not limited to building demolition; (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment, roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) 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-inthis-Paragraph,and - - - - --. - ---- -- --- (v) 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) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no I greater risk of harm to health, safety,.public welfare or the.environment and. . j ensures the condition of"No Significant Risk" is maintained in accordance with ,I - - applicable regulations and policies-that-may be in-effect;and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 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 eliminate a substantial hazard as set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); J (ii) The Phase IV - Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. ---OccuPation-of-the-Pro Property yshall-not be ermitted-until-a-Phase-IV-Com letion-- -- ---- - Statement has been prepared and filed with MADEP (iv) The integrity of the chain lick fence surrounding the Former Tannery Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site-where an.Engineered Barrier; cap or other on-site system for the containment and/or physical immobilization of oil and/or'hazardous material is constructed as part of the remedial action alternative; . . . . . . _ . a 4 (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil a located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to y section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR ' 40.0030 et seq. Workers who may come in contact with the oil contaminated soil i should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the s course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately trained in worker health and safety procedures a and requirements. The Health and Safety Plan should specify the type of personnel protection, engineering controls and environmental monitoring s necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil e should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. 3 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 invalidate the conclusion that no substantial hazards remain. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. - -If-the-activiticsuses 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. Inco oration 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. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Confirmatory Notice, said Confirmatory Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or i registered with the appropriate Registry of Deeds and/or Land Registration ' Office. This Confirmatory Notice of Activity and Use Limitation is given to correct i the inadvertent error(s) made in the Notice of Activity and Use Limitation dated April 24, 2013, and recorded with the Essex County (Southern District) Registry of Deeds in Book 32409, Page 54, said error(s) being as follows: (i) failure to record form BWSC-113A as Exhibit D; and (ii) failure to record the signatory authority of the MRM Project Management LLC as Exhibit E. - -- — - -. - - --- - ------------ In -- --In all other respects the terms of the Notice of Activity and Use Limitation remain unchanged. WITNESS the execution hereof under seal this 91"day of May 2013. Michael Hubbard,Member ofthe ect anagement,LLC Date: May 9, 2013, icha 1 u ar COMMONWEALTH OF MASSACHUSETTS Essex ss May 9,2013 On this 9" day of May, 2013, before me, the undersigned notary public, _ - personally appeared Michael_Hubbard,_proved_to-me through satisfactory.. evidence of identification,which was a driver license,to be the person whose I name is signed on the preceding or attached document, and acknowledged to I i I� me that he signed it voluntarily for its stated purpose, as Manager for MRM li Project Management, a Limited Liability Corporation Notary Signature - Notary Seal My commission expires & CARLA S. COX *� Notary Public COI WONWEALTH OF MASSACHUSETTS My Commission Expires December 1,2017 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 Confirmatory Notice of Activity and Use Limitation is consistent with the terms set forth in said Activi and Use Limitation Opinion. Date: May 9, 2013, LSP Seal Luke A. Fabbri, LSP COMMONWEALTH OF MASSACHUSETTS Essex, ss May 9, 2013 On this 91h day of May, 2013, before me, the undersigned notary public, - —-- - ---------personally- appeared-Luke A.-Fabbri;-proved---to-me-through---satisfactory- evidence of identification, which was a driver license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Signature Notary Seal My commission expires MX S.COX 7UfCOMM07NWEALTH Public MASSACHUSETTSion Expires t,2017 Upon recording, return to: MRM Project Management,LLC. _ 9 Abbott Street Beverly,MA 01915 I - j EXHIBIT A / �NIN��flt�ft�ftllfAfNf�l�fl�l�f__._ � •J `: ` �. 2006052400158 805700 P9109 i l .ry DEED 0B/241200b 17:00:00 DEED Pp 112 _- I Property Address: 60 and 64 Grove Street and 3 Harmony Grove Road, Salem,MA i Erik K. Smith,Trustee of Blubber Hollow Realty Trust under Declaration of Trust dated June { 18, 1965,recorded at Essex South District Registry of Deeds in Book 5292,Page 170,for consideration of$214,000.00 paid and other valuable consideration,hereby grants to MRM Project Management,LLC,a limited liability company duly organized and validly existing under the laws of the Commonwealth of Massachusetts of 9 Abbott Street,Beverly,MA 01915 with b quitclaim covenants, All of the land in Salem, Essex County, Massachusetts, described as Parcel One, Parcel Two, Parcel Four, Parcel Five, and Parcel Six in deed dated June 1, 1967, from Salem Oil & Grease M Co. to the Trustees of Blubber Hollow Realty Trust, recorded at Essex South District Registry of t— Deeds in Book 5452, Page 120,meaning and intending to describe the land showAssessor's ti n as Parcels 236 and 237 on Assessor's Plan #16, and is the land shown on Pian recorded with said Registry in Plan Book 152, Plan 98, as the parcel containing 5.44 acres (excepting a portion thereof which was transferred by Deed filed as Document 406956 at the Southern Registry o District for Essex County), the parcel containing 26,945 square fcet, and the parcel described in -_Deedrecorded-at.said.Registry-in-Book 7654 Page 26;-and v4 All of the land in Salem, Essex County,Massachusetts,contained within Assessor's Parcel#239 j o on Assessor's Plan#16,known as 3 Harmony Grove Road,which land consists of t (a) The parcel of land in Salem, Essex County, Massachusetts, shown on a plan recorded at said Registry in Plan Book 152, Plan 98, as containing"Area 20,990 square feet", lying between the railroad tracks now or formerly of the Massachusetts Bay Transportation Authority and the North River; and II (b) the triangular parcel of land bounded Northeasterly by Harmony Grove Road,about 115 1 feet, Southwesterly by the old canal about 112 feet, and Southeasterly by land of Harmony Grove Cemetery Corporation about 28 feet, described in deed from Robert L. Smith to Robert L. Smith et al, Trustees of Blubber Hollow Realty Trust recorded at said Registry in Book 5292,Page 183;and (c) all of the land and flats which are appurtenant,to all of the above-described parcels of land, lying Northerly and Northeasterly of the location of the Boston and Maine Railroad,as-described indeed recorded at saidRegistryin-Book 5292,-Page-183;-and- i (°at(q fdX { h147r4y, (d) the land shown on Plan recorded at Essex South District Registry of Deeds in Plan Book 152, Plan 98, which is bounded Southerly by the North River, Easterly by land of HarmonyGrove Cemetery Corporation;Northeasterly by the triangular parcel described above in subparagraph(b),Northerly by Harmony Grove Road, and Westerly by land of the Harmony Grove Cemetery Corporation; and (e) such portions of the said Assessor's Parcel 239 as are located within the boundaries of the North River, subject to the rights of others thereto, if any. Said land is conveyed together with the right to pass and repass on foot and with vehicles, in common with Boston and Maine Corporation, and its successors and assigns, and with others now or hereafter having rights therein, on, over and across a tract of land containing about 894 square feet of land and shown as "Permanent (crossing) Easement" on the plan recorded with Deed from Boston and Maine Corporation to the Grantor, dated February 10, 1967, at said Registry in Book 5452, Page 111, subject to the restrictions, reservations and agreements contained in said Deed. - Executed as a sealed instrument this Z3 day of May, 2 I rr Erik K. Smith,Trustee COMMONWEALTH OF MASSACHUSETTS - Essex, SS - _ - -- -- - ------Orrthis--------day of-May,2006,-before-me,-the-undersigned notary public,-personally-appeared--- —-- Erik K. Smith, Trustee as aforesaid, proved to me through satisfactory evidence of identification, which was currently valid Massachusetts driver's license issued by the Commonwealth of Massachusetts Registry of Motor Vehicles, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires: )2--F?- f0 F:VRW4190 05-0807deed to LLC.doc Y�- - CARLA S.CDX .__ No"Publln SALEM TV ComM CommIsslowealth of ExpbauSeOs Mg Commission Expires DEE G 1Q Ruder 17,2010 05/24/06 10:58PM 01 _ . _ 000000 N3680 FEE = _ , 3975.84 CASH EX�d,Bd7f'g y m S JJJyyy i � n X�t t evCC � -:'�:.,• �.:• �, sad 0 bi ell rT S i aaiMf EXHIBIT C AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.108 1,this Notice of Activity and Use Limitation(AUL) Opinion has been prepared for the parcel of land owned by the MRM Project Management, LLC,Michael Hubbard, Manager(the "Owner"), located at 60 Grove Street, Salem, Essex County, Massachusetts 01970. The site formerly known as Salem Oil and Grease (Salem O&G), is currently a vacant manufacturing facility that has been abandoned since 2002. The area to which the AUL has been applied,the "AUL Area", is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of three parcels identified as Lots 236, 237 and 239 on the City of Salem Assessors Map 16. The Disposal Site as defined in the Phase II—Comprehensive Site Assessment is the AUL Area shown on Exhibit B. The City of Salem has approved a mixed used development for the Property. The approved redevelopment plan includes commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments. The apartments will be leased with a central management responsible for maintaining and operating the Property. This AUL Opinion describes the site history,type and location of residual contamination, response actions taken to date, risk characterization process,reasons for an AUL,permitted activities and uses, inconsistent activities and uses, and obligations and conditions necessary to maintain a level of"No Substantial Hazard" as defined by the Massachusetts Contingency Plan. Site History,Type and Location of Residual Contamination,Response Actions The Site was historically used as a sand pit, gristmill,tannery, gas tank storage facility, and most recently for the manufacturing of leather conditioning oil. The Site was first industrialized as a — _gristmill in the 1700s. Prior to 1912, portions of the site were used by the Frye Tannery, Sims Morocco Factory, King Upton Felting Mills, Salem Gas Light Company, and the Bay State Belting Company. In 1912, Salem O&G occupied 60 Grove Street, they grew to acquire the eastern portion of 64 Grove Street in the 1930's. They acquired the western portion of 64 Grove Street and 3 Harmony Grove Road in 1965 after the tannery burned. Salem O&G evolved from manufacturing whale oil products to the production of proprietary blends of specialty oils for the leather tanning industry. The oils were manufactured using fish oils,vegetable oil, mineral oil and animal fats. Manufacturing operations were terminated at the Site in 2002. The Site is listed under Release Tracking Numbers (RTN) 3-2131, 3-22167 and 3-24908. RTN 3-2131 was issued in 1989 following a Phase I investigation. RTN 3-22167 was issued in 2002 for a sudden release of EP-290 oil when a plastic storage tank fell of a forklift on a loading dock. RTN 3-24908"was issued in 2005 for a release of oily wastewater sludge from the wastewater sludge accumulation tank. The following is brief summary of the related RTNs. 3.1 RTN 3-2131 On April 15, 1989,MADEP issued a Notice of Responsibility (NOR)to Salem O&G based on the findings of a Phase I investigation. A Waiver of Approval was issued and Phase II Comprehensive Site Assessment Report and Phase III Reporton Remedial Action Alternatives were submitted in December 1991. A Phase IV Report was filed in August 1994. The investigations were completed in accordance with 310 CMR 40.000. The contaminants-of-concern(CDCs) in soil included poly-aromatic hydrocarbons (PAHs),total petroleum hydrocarbons (TPH), and heavy metals arsenic, lead, and chromium. The investigation indicated that ground water was not significantly impacted by the releases. Based on the investigation, a soil removal action was recommended for the former tannery area, several areas were capped with bituminous pavement and several building's basements were secured. A soil remediation was implemented and a Waiver Completion Statement was filed on June 6, 1994. The Waiver Complete Statement stated that a"Permanent Solution," based in part on an AUL had been achieved. The AUL restricted the use of three portions of the Property and access to the basements of the Former Sulfonation Building, Office Building,Finishing Building and Cooperage Room Building. The AUL,referred to as a"Notice of Environmental Restriction" was recorded in on August 16, 1994, in Book 12,708 on Page 172. The 1994 AUL has not been rescinded as of the filing of this AUL. 3.2 RTN 3-22167 On October 2, 2002, a sudden release of oil,EP-290, occurred while personnel were transferring a 300-gallon capacity plastic AST. The release occurred when an AST fell off of the forklift handling it. Product was release to loading dock and adjacent area. Salem O&G contracted emergency response and LSP services to contain the release,prevent migration to Strongwater Brook and remove impacted soil under a verbal IRA. On April 23, 2003, the LSP of Record resigned because Salem O&G did not pay for services rendered. Between January and June of 2004, MADEP issued several NONs to Salem O&G for failing to comply with the MCP requirements and time lines. In 2007, under new ownership the RTN was assessed and then linked to RTN 3-2131 and included in the overall site assessment. 3.3 RTN 3-24908 On June 10, 2005, prompted by a request from the Salem Fire Department, MADEP issued an NOR to the Blubber Hollow Realty Trust,the former property owner, for a release of wastewater ---------------- ----—---------- ------- --------- -- ---- ---'- ------ ------- ----------------- sludge from the accumulation tank adjacent to the "Finishing Building." The 6,000-gallon capacity AST had overflowed from rainwater entering the open top of the tank. The release spread out on the concrete spill containment pad located adjacent to the AST and the "Finishing Building." The NOR from MADEP also required the containment and removal of the abandoned 014M containers left over from the former operations and assessment of the Property. Blubber Hollow Realty Trust informed MADEP that they were financially incapable of addressing the sludge release or the overall requirements of the NOR and that they were in the process of selling the Property. After a failed attempt to sell the Property and multiple exchanges with MADEP the Blubber Hollow Realty Trust transferred the Property to MRM. On June 23, 2006, MADEP issued a NOR for RTN 3-24908 to MRM for the sludge release, site security, removal of the OHM containers and overall assessment of the Property. On August 24, 2006, an IRA Plan was submitted to MADEP for the removal of the OHM left on the Property by the former manufacturing operations. The IRA remained open until February 2009. RTN 3-24908 was linked to RTN 3-2131 when the Phase I- Initial Site Investigation and Tier Classification were filed. NATURE AND EXTENT OF CONTAMINATION The nature and extent of soil, ground water and sediment contamination has been derived from current 2012 Phase II and former 1991 investigation data. Site wide COCs include PAHs, arsenic, chromium, and lead. The source(s) of contamination is not attributed to a single release, but the result of the industrial and manufacturing activities performed at the Site for approximately 150 years. Site wide COCs are widespread in the top three to six feet of soil and are associated with the presence of coal, coal and wood ash, and clinkers. In localized areas (AUL2)the thickness of the fill has been observed to be much as 12 feet. The materials were used as fill for grading the Property. Beneath the buildings the release mechanism was leaching and infiltration via the floor cracks and drains of the buildings. The South Essex Sewer District (SESD)pile is soil that was brought onto the Property during the construction of a sewer line along Harmony Grove Road. Former Tannery Infiltration(FTI) is located north of Building 59 between the railroad tracks and the North River. This area is where the sludge beds for the former tannery are located. At least two sludge beds are known to be located here. COCs in the sludge include PAHs,EPH,VOCs, and metals. Concentrations of arsenic, chromium and EPH exceed Upper Concentration Limits (UCLs)and the area is a"Hot Spot' as defined by the MCP. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. UCLs are exceeded in a couple of other isolated spots elsewhere on site but resampling has determined that the concentrations are pervasive and those areas are not considered"Hot Spots." Minimal concentrations of EPH, arsenic,barium, chromium and VOCs have also been detected in groundwater. All of the detected concentrations are significantly below MCP Cleanup Standards even in the FTI area. Sediment analytical results from Strongwater Brook(North River Canal) show PAH and metals impacts are widespread indicating a non-point source not associated with the site. Impacts appear upstream, downstream and adjacent to the Site. Given the history of the river accepting numerous discharges from the leather industry upstream in Peabody, elevated background concentrations were expected. Past industries at the property are known to have discharged to the river but the releases of COCs from the regulated"Disposal Site" are not known to be directly impacting the surface water or sediment in the river. Ground water is not affected by the "Disposal Site"therefore,the discharge of ground water to the river is not impacting surface water or sediment. Surface water analytical results from the North River Canal show no impact to the waters from the Site. Risk Characterization Process and Reasons for an AUL The conclusion of the Method 1 Risk Characterization presented in the Phase II report was that a Condition of No Significant Risk" (NSR) did not exist on the site due to potential exposure to contaminants in soil. The report concluded that exposure pathways had to be eliminated by excavation and capping and that an AUL would be required-to prohibit direct contact with soil under any scenario unless remedial response actions are successful in achieving a condition of NSR-for all exposure pathways. This conclusion was based primarily on the FTI being a"Hot Spot'that would present a Substantial Hazard is left uncontrolled. A Method 1 Risk Characterization was presented in the Phase II report. The current scenario is that the property remains a vacant industrial Property for the short term while the redevelopment plan is take through the permit process. The approved redevelopment plan permits commercial use on 60 Grove Street(the Office Building side) and residential use on 64 Grove Street. The residential project consists of three buildings with a total of 141 apartments leased with a central management responsible for maintaining and operating the Property. Potential receptors under current use include trespassers and above grade demolition workers exposed to contaminated soil via ingestion and/or dermal adsorption. During redevelopment there will be construction workers and post construction there will be residents. The site wide risk driver is arsenic in soil. The FTI is a"Hot Spot'that was evaluated separately. Ground water has not been impacted. MADEP Short Forms were used to calculate the risk to each receptor. Site wide there is NSR to trespassers or above grade demolition workers. There is a risk to construction workers and future residents unless remedial response actions are implemented and site use is controlled using an AUL. The FTI is a"Hot Spot' and would present a Substantial Hazard is left uncontrolled. The area is wooded and has heavy brush that restricts access. A chain link fence separates the area from the railroad track side. The North River controls access on the opposite side. The majority of the Property is fenced and routinely patrolled as part of a fire watch. The reasons for this AUL are to control the access and current use of the site and FTI area and to facilitate the remediation process to be implemented during the redevelopment project. 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that no substantial hazard exists pursuant to 310 CMR 40.0000 so long as any of the following activities and uses occurs on the Property: (i) Continued use of the AUL Area as paved and unpaved areas for uses to include any abov_e.grade non-intrusive activities including_but-not limited to building demolition, (ii) Continued maintenance of the existing buildings as vacant commercial, industrial and warehouse buildings with activities that include upkeep of existing fire suppression equipment,roof repairs and other repairs necessary to keep the buildings secure; (iii) Redevelopment and use of the Property for industrial, commercial, restaurant, office, and retail uses and/or residential uses which have centralized management through a management company, condominium association or similar group, and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or residential), landscaping and routine maintenance of landscaped areas where the commercial, restaurant, office, retail uses and/or residential uses are consistent with the provisions of Paragraphs 2 and 3 below; (iv) 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 thusParagraph,-and (v) 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) Any activity including, but not limited to, excavation or utility installation and/or repair which is likely to disturb contaminated soil located in the AUL Area from grade to fifteen feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-2131, 3-22167 and 3-24908 and who renders an Opinion which states that such activity poses no greater risk of harm to health, safety, public welfare or the environment and ensures the condition of "No Significant Risk" is maintained in accordance with applicable regulations and policies that may be in effect; and (ii) The use of the Property for unrestricted residential uses, such as single family homes or apartments which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL. (iii) Use of the Property for agricultural purposes, where existing soil is used for growing fruits or vegetables intended for consumption for gardening, playground, daycare, school, nursery, recreational area such as a park or athletic field, and/or residence. 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-eliminate-a-substantial-hazard as —— set forth in the AUL Opinion shall include the following: (i) Redevelopment of all or some of the existing buildings and/or redevelopment of the Property for uses consistent with those specified in Paragraphs 1 and 2 may take place only after a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870 and filed with the Massachusetts Department of Environmental Protection(MADEP); (ii) The Phase IV- Comprehensive Remedial Action shall take into account all proposed redevelopment features and uses and shall ensure that a condition of "No Significant Risk" is maintained for future uses. (iii) Occupation of the Property shall not be permitted until a Phase IV Completion Statement has been prepared and filed with MADEP (iv)The integrity 917 the-chain lick fence surrounding_the_Former Tannery_ Infiltration area shall be maintained until such time that the contaminated soil/waste is removed and/or the Former Tannery Infiltration area is capped in accordance with a Comprehensive Remedial Action Plan. i (v) Soil and/or waste contaminated with oil and/or hazardous materials at concentrations that exceed Upper Concentration Limits (UCLs) as defined in the MCP maybe capped in-situ with an Engineered Barrier and/or relocated onsite to a secured containment cell designed in accordance with the Comprehensive Remedial Action Plan. The containment cell shall be located within the containment cell area as shown in Exhibit B. As-Built Construction plans shall be prepared and submitted to MADEP in an As-Built Construction Report for any disposal site or portion of a disposal site where an Engineered Barrier, cap or other on-site system for the containment and/or physical immobilization of oil and/or hazardous material is constructed as part of the remedial action alternative; (vi) A Soil Management Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area to fifteen feet below grade except when work is being conducted in accordance with a Remedy Implementation Plan has been prepared in accordance with Phase IV - Comprehensive Remedial Action pursuant to section 310 CMR 40.0870. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the project; and (vii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located in the AUL Area to fifteen feet below grade. The Health and Safety Plan should be prepared by a Certified Industrial Hygienist or other qualified individual appropriately -- -- - - - trained in-worker-health-and safety-procedures uirements-.The Health-and- ty p q - --- - - Safety- Plan should specify the type of personnel protection, engineering controls and environmental monitoring necessary to prevent worker and other potential receptor exposures to oil contaminated soil through ingestion, dermal contact and inhalation. Workers who may come in contact with the oil and/o hazardous material contaminated soil should be appropriately trained in the requirements of the Health and Safety Plan, and the Health and Safety Plan must remain available on-site throughout the course of the project. LS - L Fab ,Licensed Site Professional ►'�HOF DATE. April 8, 2013 0? LUKE FA89RI No.9988 r FCISTEP�50�A� >P�SRE Picea' s��vs�d EXHIBIT D 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) - 2539 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: SALEM OIL&GREASE CO 2. Street Address: 60 GROVE ST 3. Cityrrown: SALEM 4. ZIP Code: 01970-0000 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. ❑ 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_LSPOp-info_n_for anAmendment ofaGrant of_Environmental Restriction,_pursuant to310CMR_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? 0✓ 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 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC1134 ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) a - 2131 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 Response Action Outcome Statement is being submitted,this evaluation was developed 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; > 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)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 40.1081; > if Section B indicates that a Termination ora Partial Termination of a Notice of Activity and Use Limitation,ora 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.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 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. 1. LSP#: 9988 2. First Name: ILUKE A 3. Last Name: JFABBRI 4. Telephone: (781)662-9800 5. Ext.: 6. FAX: 7. Signature: 8. Date: S m /dd/yyyy 9. LSP Stamp: W Ili OF LUKE „ . A. H 9 FABBRI --.9 No.9988 9FGIgTEAE�yra� �S/tE PpO��a° Revised:06/27/2003 Page 2 of 2 t EXHIBIT E CERTIFICATE OF ORGANIZATION OF MAY g �� MRM PROJECT MANAGEMENT,LLC S=ARYOfra AWOWSAhf . CDg0aA1J0N3DDM0N 1,the undersigned natural person of age eighteen years or more,acting as organizer of a limited liability company under the Limited Liability Act of the Commonwealth of Massachusetts, hereby adopt the following Certificate of Organization for the Limited Liability Company. ARTICLE ONE The name of the Limited Liability Company is:MRM Project Management,LLC. ARTICLE TWO The address of the principal place of business of the Limited Liability Company is: 9 Abbott Street,Beverly,MA 01915. ARTICLE THREE The name and business address of the Limited Liability Company's registered agent for service of process is:Marshall Handly,at 9 Abbott Street,Beverly,MA 01915. ARTICLE FOUR -----.---..-----._--_..-The-period_of.duration of the_Limited Liability Company shall be until the earlier of a the Members unanimously vote to dissolve the Company, (b) the death, rresignation -expulsion, — — - retirement, bankruptcy or dissolution of any Member,(c)the purported transfer of a Member's t Membership Interest,or (d) the expiration of twenty (20) years from the date of filing this Certificate of Organization with the Secretary of State. ARTICLE FIVE The name and business addresses of the initial Managers of the Limited Liability Company are; Michael Hubbard, of 3 Broadway, Beverly, MA 01915, Robert Hubbard, of 3 Broadway, Beverly,MA 01915,and Marshall Handly,of 9 Abbott Street,Beverly,MA 01915. ARTICLE SIX Ilia name of the only other person authorized to execute documents with the Secretary of State's Office is:NONE ARTICLE SEVEN The Limited liability.Company.is organized for the purpose of acquiring,improving,developing, marketing, leasing and selling real estate, and for the purpose of transacting any lawful business ---fo:which-a limited-liability company maybe organizcd,- r 1� t F ARTICLE EIGHT Each of the following persons, acting singly, is authorized to execute,acknowledge,deliver and record any recordable instrument purporting to affect an interest in real estate: Michael Hubbard,Robert Hubbard,and Marshall Handly. ARTICLE NINE The remaining members of the Limited Liability Company shall not have the right to continue the business of the Company fallowing the death,retirement,resignation,expulsion,bankruptcy, or dissolution of any Member. ARTICLE TEN The name and address of the organizer of the limited liability company is shown below. The organizer,by his signature below,affirms under penalties of perjury the truth of the matters set forth above. 18L 414Z Michael Hubbard Address:3 Broadway,Beverly, 01915 Dated:-May-2,.2006- "•----•—'� '.� �;�,g THE CgMMONWEALTH OF MASSACHUSETTS 83" ",1 ,'dTTA COMMONWEALTH OF MASSACHUSETTS ESS SSEXE EGISTRY S S0.DIST.,SALEM,MASS SOUK n OF 0/5 RECO ATTEST: �'C ®� GISTEfl �- 'moo Z �ei2v�ce 5 - �f �`� 78 _3°y� Za 3 G �O � �a U-e -S� �r9�L-es'� �17. �✓n 0� CITY OF SALEM ROUTING SLIP New Construct' /� �l.- Certitic_ of 9�'�' Occupancy � / er1"1 os1;C. ' LOCATION DATE ASSESSORS DATE 93 Washington St. CITY CLERK DATE 93 Washington St. �� BLIC SERVICES DATE � �':::_ 12 Washington St. WATER 4/ DATE 0,�� 120 Washington St. m'I CROSS CONNECTION r dC" DATE S �I 5 Jefferson Ave PLANNING DATE 120 Washington St. t� CONSERVATION DATE 120 Washington S ELECTRICAL DATE 48 Lafayette St. LAD��Z-A i 0 FIRE PREVENTION DATE 29 Fort Avenue HEALTH? d— k<- 1,— DATE -7/56I 120 Washington SL BUILDING INSPECTOR DATE 120 Washington St. Griffin f Engineering Group,LLC July 21, 2015 Mr. Thomas St. Pierre, Director City of Salem Inspectional Services Dept. 120 Washington Street, 3rd Floor Salem, MA 01970 Subject: Ch. 91 Waterways License Application for 60 & 64 Grove Street and 3 Harmony Grove Road Dear Mr. St. Pierre: On behalf of the Applicant, MRM Project Management, LLC, this letter notifies you of their pending Chapter 91 permit application for the subject project and requests that you acknowledge, by signature on page 6 of 13, that the project is not in violation of local zoning ordinances. An extra copy of page 6 is attached for your convenience. The application is for the demolition of existing structures and construction of a mixed use development on filled and flowed tidelands of the North River Canal. The project was approved by the Salem Planning Board in 2014. Please review the application, complete page 6, and contact our office for pick-up. Thank you for your assistance in this matter. Please do not hesitate to contact the undersigned with any questions or comments. Sincerely, Griffin Engineering Group, LLC Robert H. Griffin, E. Enclosure: Ch. 91 Waterways License Application Chapter 91 Plans Extra Page 6 of 13 Phone 978-927-5111 Fax 978-927-5103 www.griffineng.com 495 Cabot Street 2nd Floor Beverly, MA 01915 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Waterways Regulation Program X266850 _ Transmittal No. Chapter 91 Waterways License Application -310 CMR 9.00 Water-Dependent,Nonwater-Dependent,Amendment G. Municipal Zoning Certificate MRM Project Management, I_�C Name of Applicant 60&64 Grove St&3 Harmony Grove Rd North River Canal Salem _ Project street address Waterway City/Town Description of use or change in use: Removal of existing industrial buildings and construction of a mixed-use residential and commercial development. _ To be completed by municipal clerk or appropriate municipal official: "I hereby certify that the project described above and more fully detailed in the applicant's waterways license application((and plans is not in violation of local zoning ordinances and bylaws." Prints me of Municipal Official r3kfate ;1�}� 6"1 M.'Ss.i9.� Signature of Muni al Official Title city/Town CH91 App.doc•Rev.08/13 Page 6 of 13 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. I CERTIFY THAT THE PROPERTY LINES SHOWN HEREON ARE THE LINES DIVIDING EXISTING OWNERSHIP, AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC AND PRIVATE STREETS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE APPROX. HISTORIC N. RIVER FEMA HIGH WATER LINE ANAL FLOOD-�� ti\`�, EXISTING ROVE ST. ZONE �... FILLED TIDELANDS S (4,830± SF) S ATF s MH cl TON < \ 9Q ST XF (EL. 5.0 ) s'oG, \�'• MLW VICINITY MAP (EL. 2.0'±) \ \ po SCALE 1"= 1,500' RAILROAD CROSSING SITE LOCATION: �✓� EASEMENT N42' 31' 18"; W70 54'41" #3 HARMONY EXISTING \, APPROX. © FILLED TIDELANDS HISTORIC HIGH (14,550 SF) ^' WATER LINE FILLED UNDER STONE WALLS �O LIC. #606 LINE CANAL \ (20,130 SF) FEMA c^�- FLOOD ` �. z ��• 60 I I EXIST. FILLED ZONE�.1 ��. GROVE ST. I ; TIDELANDS �� , \ g ( / (66,470± SF) I LIST OF EXISTING STRUCTURES -13 ti "APPROX. 1Q OFFICE BUILDING (SAVE) <�� I:�; HISTORIC Q2 BARREL STORAGE BUILDING \ \ #64 HIGH WATER Q3 COOPERAGE/FINISHING \ �`GROVE ST. 1 �o,; LINE BUILDING ® WAREHOUSE/SULFONATION BUILDING \ FILLED UNDER 55 PRETREATMENT BUILDING \ LIC. #606 6 STORAGE BUILDINGo j (26,960± SF) 7 CHIMNEY \�O `� �, MHW (EL. 5.0') 8 VEHICLE BRIDGE (SAVE) �.\ MLW (EL. 1.0'±) 9 ELEVATED ENCLOSED WALKWAYS \, ® EXISTING BOX NOTES AND REFERENCES: %� / CULVERTS 1. EXIST. CONDITIONS AND BOUNDARY SURVEY BY \ LEBLANC SURVEY ASSOCIATES OF DANVERS, MA. ;% 2. FEMA 100-YEAR FLOOD ZONE AE-ELEV. 10.8' (1929 NGVD). % EXISTING CONDITIONS THE ENTIRE 60 GROVE ST. PROPERTY IS WITHIN THE 100-YEAR-ZONE. & SITE CONTEXT PLAN 3. HISTORIC HIGH WATER LINE DEVELOPED FROM LIC. 605&606 AND MASSDEP PRESUMPTIVE LINES, & REGISTRY OF DEEDS RESEARCH. 4. SEE SHEET 2 FOR LEGEND. 0 75 150 300 5. DATUM = 1929 NGVD. SCALE 1" = 150' LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 1 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE PROPOSED RELOCATED MATERIAL APPROX. HISTORIC CELL HIGH WATER LINE s . c". SHARED USE \ y p PATH REPAIR EXISTING BRIDGE OVER CANAL PROPOSED �\ REMEDIATION AREA (15,000± SF) PROPOSED MATCH LINE FENCE ALONG • , ;' SHEET 4 _ \ C,\` CANAL WALLS SHEET 3 . y; PROPOSED 1 �` LANDSCAPE I 1 o ' BUFFER (6'±� 11 \�� Z \�\\•_ & SHARED j ,USE PATH I ; LEGEND `• � �� ;�;APPROX. - - - - HISTORIC HIGH WATER m ��`, ��oTHISTORIC MEAN HIGH WATER \ ''\ G `t` ya, HIGH WATER MEAN LOW WATER \ �� rp �. . �� ' LINE ......- FEMA FLOOD LINE PROPERTY LINE (SITE) - - - PROPERTY LINE (ABUTTER)\. 'PROPOSED EXISTING BUILDING \ ` �� = FENCE ALONG -•-•-•-•-•- SHARED USE PATH \\\�\ -p /' MBTA PROPERTY FENCE J CROSSWALK PROPOSED 25' IIIIIIIIIIIIIII SIDEWALK WIDE LANDSCAPE ® PARKING AISLE j BUFFER (WDUZ) ® BENCH APPROX. RETAINING WALL HISTORIC HIGH PROPOSED SITE PLAN /;j' WATER LINE 0 75 150 300 SCALE 1" = 150' LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 2 OF B FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE / .w � `•, PROPOSED 6'f `, \, i t Ilk \ \ \ LANDSCAPE BUFFER PROPOSED tl FENCE ALONG 0�p� �1`` `�` \CANAL WALLS j PROPOSED I 7�:5. Z \, LANDSCAPED j #A \ 0 \\. AREA (WDUZ) v Z y \ _ \b APPROX. I HISTORIC HIGH i WATER LINE ; 34't� A \\ PROP. FENCE I \\ �\ G 9L \\ ALONG MBTA Ij �"` c� F PROPERTY APPROX. HISTORIC HIGH WATER LINE \ I LO00, (� 1 \\ G 41p 0 \ / lip) L O \ •\ ti ; P � `\ �'/PROPOSED In �' 25' WIDE LANDSCAPE BUFFER \ `\C; F�9 \`•� �,� (WDUZ) EXIST. BOX CULVERTS > ----__ FENCE ALONG PROP. BENCH CANAL WALLS (TYP OF 14) %'% % PROPOSED DRAINAGE OUTFALL PROPOSED SITE PLAN - PART 1 All NOTES: 1. REFER TO SHEET 5 FOR SECTION A-A. 0 40 80 160 2. WDUZ=WATER DEPENDENT USE ZONE. SCALE 1" =80' 3. SEE SHEET 2 FOR LEGEND. LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 3 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE PROP. FENCE ALONG MBTA PROPERTY APPROX. HISTORIC HIGH WATER LINE \ REPAIR EXISTING PROPOSED BRIDGE OVER CANAL RELOCATED FOR PEDESTRIAN USE MATERIAL `\ PROP. SHARED CELL USE PATH \ L •\ 9 ` ��'y` pOA Ae \ kk Z Z- \< PROPOSED DRAINAGE OUTFALL PROPOSED SITE PLAN .- PART 2 \ NOTES: 1. REFER TO SHEET 6 FOR SECTION B-B 0 40 80 160 2. WDUZ=WATER DEPENDENT USE ZONE. SCALE 1" = 80' 3. SEE SHEET 2 FOR LEGEND. LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 4 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE PROPOSED APARTMENT BUILDING 42 . . . . . . . . . i : : : :FILLED : TIDELANDS w .. 36 APPROXI HISTORIC MEAN z o ,�H:IGH :WATER :LINE*. . . . " ' J w > 32 . . . . . . . . . = m 0 2a LANDSCAPE : w z 1 . . . : : SHA:REp: : a *SEE NOTE 2. 24 : . . . . . . . U.gE. p.gTH. . . . . . . . . BUFFER :(6'± N 20 1 ; . . . . . : : : : : : , : : : . . . . . : . . . : LOT . . . rn16 1 LINE 100-YEAR FLOOD . . . . . . . . . ZONE AE - EL. 10.8' r 12 a : : : : : : : . : . :PROP: 3.5': FENCE: : : : : MHW: : : : MLW - EL. 1.0't i; 0 : : : : : : : : : : : : : : 'EXIST: STONE: : : : CANAL: WALL .. . -4 . . . . . . . . . . . . .TOP :EL: :9:6'1: : : : : : : . . . . . . : : : : : : RIVER BOTTOM -8 64 GROVE ST. CANAL EL. 0.8' -12 : : : : : : : : : : : : : : : :I: : : : : : : : : : : : : : : : :I: : : : : : : : : : : : : : : 0+00 0+25 0+50 0+75 : : : : : : : : FILLEO .TIDELANDS : : 42 w z > . . . . . . . . . . . . . . . . . . . . . . . 40 :1 O �.^.� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a 36 0 w : . . —� . . . . . . . . . . . 32 > Li . . . : : :�: : . : : PROP.: : : : : : : : : : :EXIST: OFFICE: : : : :I: : : : : : : : : : : : : : : : : : : : : : : : 28 > I 25' WIDE BUILDING TO BE LOT z LOT LANDSCAPE: :.: : : : . . �. : : : : . : : LINE . . 24 rn RENOV,4TED LINE BUFFER : : .': : : . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . 20 . . . . . . . . PROP.,. . . . . . . . . . MHW (WDUZ� J:_FF: EL.._fl:3f:__: : : . 6 FEN:CEti: : : : : : : 16 . . . . . . . . . . . . . . . . . . . .- -I : : . : : : . . . . . . . . . . . . . . . : EL. 5.0'f -..— . —..—..— —..—..—.._,.._ .—..—..—..— . 12 MLW : . .PROP:.: 3.5:': FENCE : : : : : : : : : . . . . . . . . . . . . . . . . . . . . 8 > EL. 1.0't aV EXIST.: :STONE: : : : : : : : : : : : : : : : : : :100-YEAR: rLOODJ 4 w RIVER CANAL: WALL: : : : : : ; : : : : : : ; :ZONE: AE: - :EL: : 10 8# : : : : : : 0 TOP EL.. 9.6't. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -4 BOTTOMCANAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MBTA EL. 0.8' 60 GROVE ST. -8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . .I. . . . . . -12 0+75 1+00 1+25 1+50 1+75 1+85 SH-3 SITE SECTION "A-A" SCALE: 1" =20' NOTES AND REFERENCES: 1. ELEVATIONS BASED ON 1929 N.G.V.D. 2. HISTORIC MHW LINE DEVELOPED FROM LIC. 605 8 606 AND 0 20 40 80 MASSDEP PRESUMPTIVE LINES, AND REGISTRY OF DEEDS RESEARCH SCALE 1" = 20' LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 5 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE EXIST. 12' DECK WIDTH PROPOSED 10CLEAR WIDTH 3.5' HIGH EXISTING RAILINGS REPLACE CONCRETE [WOOD DECK ABUTMENT TOP EL. 9.3'1: EXIST. STEEL BEAMS MHW EL. 5.0± EXISTING GRADE REPAIR EXISTING ALONG ABUTMENT STONE ABUTMENTS (EL. 2.0±) BRIDGE SECTION SCALE: 1/4"=1' 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . .31.3 DECK :PROP.: 10' . . . . . . . . . . . . . . 0 24 29' :SPAN: : : : : : : SHA,RED. . . > 20USE P 4TH Z 16 : : : : : : : : : : : : : DECK: : : : : : : : : : : . . . . . . . . . . 100-YEAR FLOOD . . . . . . . . . . . . . . . . . C.: 9;3". . . . . . . . . : : : : : : : : : : : : : ZONE AE - EL. 10.8' rn8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOTTOM : : -: _: : : : : . . : : : : : : : : : REPAIR EXISTING O OF: BE.AM:S ._ : � BRIDGE FOR j _ EL .7:25' . : :MHW: - :EL. : 510'±: PEDESTRIAN USE 4 . . . . . ONLY w -g EXIST: STONE MLW - EL. 2.0't -12 . . . . C:ONC:RETE: : . : : RIVER BOTTOM . . . . .ABUTMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16 . . . . . . . . . . . . . . . . . . . . . . . . E.L.. .1..5rt. . . . . . . . . . . . . . . . . -20 0+00 0+25 0+50 0+75 sH 4 SITE SECTION "B-B" SCALE: 1" =20' NOTES AND REFERENCES: 1. ELEVATIONS BASED ON 1929 N.G.V.D. 2. HISTORIC MHW LINE DEVELOPED FROM LIC. 605&606 AND 0 20 40 80 MASSDEP PRESUMPTIVE LINES. SCALE 1" = 20' LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 6 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE %\ 4 \., #3 HARMONY GROVE RD. a 10. 1 #64 GROVE ^, 13 0 \` 't-s o 1 19 ; \� o Qt ' ' #60 21ROVE ST. a , NOTES AND REFERENCES: % PROJECT ABUTTERS - PART 1 1. EXIST. CONDITIONS & BOUNDARY SURVEY BY LEBLANC SURVEY ASSOCIATES OF DANVERS, MA. 2. REFER TO SHEET 8 FOR LIST OF ABUTTERS. 0 75 150 300 3. SEE SHEET 2 FOR LEGEND. SCALE 1"= 150' LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 7 OF 8 FOR REGISTRY USE ONLY. I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. DATE ROBERT H. GRIFFIN, P.E. APPLICATION FOR NON-WATER DEPENDENT USE LIST OF ABUTTERS - NOW OR FORMERLY 1: MASS BAY TRANS AUTHORITY 13: ROBERT TUCKER P.O. BOX 845142 1416 BROADWAY STREET BOSTON, MA 02284-5142 HAVERHILL, MA 01832 2: 50 GROVE STREET REAL EST, LLC (34 BEAVER STREET) 7 RANTOUL STREET 14: BRUCE LAWSON BEVERLY, MA 01915 25 COLLINS STREET (50 GROVE STREET) SALEM, MA 01970 3&4: HARMONY GROVE CORP. (32 BEAVER STREET) 30 GROVE STREET 15: PAUL BASH SALEM, MA 01970 28 BEAVER STREET (1&5 HARMONY GROVE ROAD) SALEM, MA 01970 5: JAMES W RAYMOND 16: SHAWN DEMEULE 18 SILVER STREET 24 BEAVER STREET SALEM, MA 01970 SALEM, MA 01970 6: DANIEL SARKES 17: RUSSELL ROSS 12 SILVER STREET 20 BEAVER STREET SALEM, MA 01970 SALEM, MA 01970 7: PAUL FLORES 18: PATRICIA MEYERS 6 SILVER STREET 14 BEAVER STREET SALEM, MA 01970 SALEM, MA 01970 8: MIRANDA REALTY TRUST 19A: PAMELA SACCO 2 SILVER STREET 17 JACKSON AVENUE SALEM, MA 01970 PEABODY, MA 01960 9: ERIC EASLEY (10 BEAVER STREET, UNIT 1) 145B SPOFFORD ROAD 19B: RAMON FROMETA, TRUSTEE BOXFORD, MA 01921 P.O. BOX 3 (48 BEAVER STREET) SWAMPSCOTT, MA 01907 10: MERRILL KOHLOFER (10 BEAVER STREET, UNIT 2-4) 44 BEAVER STREET 20: PETER MCSWIGGIN SALEM, MA 01970 21 LIBERTY STREET MIDDLETON, MA 01949 11: A&N REAL ESTATE TRUST (6 BEAVER STREET) 7 PAULINE ROAD DANVERS, MA 01923 21&22: MARK PATTISON (40 BEAVER STREET) 65 CENTRE STREET DANVERS, MA 01929 12: JAMES CONLEY (2&4 BEAVER STREET) 38 BEAVER STREET SALEM, MA 01970 PROJECT ABUTTERS - PART 2 LICENSE PLANS ACCOMPANYING PETITION OF MRM PROJECT MANGEMENT, LLC TO DEMO EXISTING STRUCTURES AND CONSTRUCT A MIXED USE DEVELOPMENT ON FILLED AND FLOWED TIDELANDS OF THE NORTH RIVER CANAL, SALEM, MA. JULY 21, 2015 SHEET 8 OF 8 Griffin Engineering Group, LLC July 30, 2008 Mr. Thomas St. Pierre, Building Commissioner 120 Washington Street Salem, MA 01970 Subject: Boiler Room - 60-64 Grove Street Salem Oil & Grease Dear Mr. St. Pierre: At the request of MRM Realty Trust, owners of the subject property, on July 28, 2008, we inspected the Boiler Room at the north end of the Sulfonation Building at the Salem Oil & Grease facility. The room is constructed of unreinforced masonry block with a wood framed roof. During our inspection we observed missing lintels at masonry openings. Large portions of.two.exterior.walls are..missing.., Temporary supports have been installed to keep the roof from collapsing. The remaining portion of the two walls have large diagonal cracks in several locations indicating that significant displacement has recently occurred. Due to the apparent instabilities, we recommend the boiler room be immediately torn down. Should you have any questions or require additional information, please do not hesitate to contact the undersigned. Very truly yours, GriEngin�eje'ring roup, LLC �sy,Q74/�cY'u Robert H. Grill' .E. cc: M. Handley, Handley Cox & Moorman R. Hubbard, Cabot Companies �P:\Projects\Salem\Hubbard-BlubberHol low\BoilerRwm-DemoLtr-Bldglnsp.wpd Phone 978-927-5111 Fax 978-927-5110�3,;y w,,ww.griffineng.com �; ° CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBI-M.P.Y DRISCOLL MAYOR 120 WASHING MN S1 R111:1 1 $ALCM,\dASSaCIil SP:1"IS 01970 TEL:978-7450595 ♦ FAx:978-740-9846 VIOLATION NOTICE copy PROPERTY LOCATION'60 — 62 Grove Street April 3, 2007 MRM Project Management, LLC Salem Oil & Grease PO Box 4468 Salem, MA 01970 Dear The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: City of Salem Code of Ordinances, Chapter 24, Section 21.1, disallows the keeping of Commercial trailers on this site. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 5640. Sincerely, Thomas J. St. Pierre Building Commissioner/Zoning Enforcement Officer CC: file, Mayor's office, Councilor Prevey, Fire Prevention, Police Dept. GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 September 19, 1994 The Honorable Neil J. Harrington Mayor of Salem 3 Washington Street Salem, MA 01970 Dear Mayor Harrington: Gulf of Maine Research Center, Inc. (GMRC) is pleased to provide this notification on behalf of our client, Blubber Hollow Realty Trust. The property located at 60 Grove Street in Salem, Massachusetts (hereinafter, "the Site")is Disposal Site Number 3-2131 for which a Waiver of Approvals was issued by the Massachusetts Department of Environmental Protection (MDEP) in June, 1989. A Response Action Completion Statement dated June 6, 1994 has been submitted to the MDEP. Contaminated soil has been excavated and disposed of properly out of state. In order to ensure a permanent condition of"no excess risk" is maintained at the Site, a notice of environmental restriction has been recorded at the Essex County Registry of Deeds (Book 12707 Page 172) a copy of which is included herewith as Appendix A. If you have any questions concerning this matter,please contact me or my associate, Jeffrey Kelly. Sincerely, Hugh Mulligan, Ph.D., L.S.P. Director cc: Salem Health Department Salem Zoning Department eSalem Building Department GULF OF MAINE RESEARCH CENTER INC. APPENDIX A 8K 12707 PG 173 eliminate potential exposure to the underlying materials. c. Basement access doors in the office building, finishing building and the former sulfonation building, cooperage room building depicted on the plan attached hereto as Exhibit B-1, shall remain padlocked and sealed with a minimum, two, quarter inch steel straps three inches wide spanning the entrance way and fastened to the door frame. Any additional basement access doors discovered in the future shall be similarly sealed. d. Should access to any basement be required for any reason, all entry personnel shall utilize appropriate personal protective equipment under the direct supervision of an individual who has completed 40 hour Health and Safety Training and 8 hour Site Supervisor/ Manager Training pursuant to 29 CFR 1910. 120 or appropriate superseding regulations. Signed and sealed this da of August 1994. V �4 ith4 , ,Trustee Obert L. S ith, Trustee Gary H on, Trustee COMMONWEALTH OF MASSACHUSETTS t Essex, ss. August/Z5 1994 Then personally appeared the above-named Vance M. Smith III, Robert L. Smith, and Gary Hanson in their capacity as trustees and acknowledged the foregoing instrument to be their free act and deed before me, Not/Public My Expires: • BK 12707 PG 174 EXHIBIT "A" That certain parcel of land shown as containing 5.44 Acres ± on a "Plan of Land in SALEM, MASS. AS SURVEYED FOR BLUBBER HOLLOW REALTY TRUST, Scale 1" = 40 ' , April 19, 1979, prepared by GOODWIN - GALLAGHER ASSOCIATES, INC. , ENGINEERS - ARCHITECTS - LAND SURVEYORS, 8 MARBLEHEAD STREET, NORTH ANDOVER, MASSACHUSETTS; said plan being recorded with the Essex South District Registry of Deeds in Plan Book 152 as Plan 98. For title to said premises see deed of Salem Oil & Grease Co. dated June 1, 1967, recorded with Essex South District Deeds, Book 5452, Page 120; deed of Robert L. Smith dated June 18, 1965, recorded with said Deeds, Book 5292, Page 183; deed of Boston and Main Corporation dated February 10, 1967, recorded with said Deeds, Book 5452, Page 111; Certificate of Title No. 37399 issued to the Trustees of said Trust by Essex South Registry of Deeds. It should be noted that the within restriction does not encompass that ----- _ - -- portion of—the-544 acres ±as is comprised of registered -land.. . . See Certificate of Title as cited & Plan No. : 11241-A filed with Certificate No. :6047 Excepting therefrom Lot 4 as shown on a plan entitled, "Plan of Land in Salem, Mass. , Prepared for Blubber Hollow Realty Trust" Scale: 1" = 10 ' , dated March 4, 1982, Essex Survey Service, Inc. , 47 Federal Street, Salem, MA and recorded with the Essex South District Registry of Deeds in Plan Book 194, Plan 54 but meaning and intending to include Lot 3 as shown on said plan. See also Deed from James G. Tournas and Eva Tournas to Vance M. Smith, Robert L. Smith, Dominic Meo, Jr. , R. Dana Pierce and Jack D. Cook, Trustees of Blubber Hollow Realty Trust, dated January 31, 1985 and recorded with the Essex South District Registry of Deeds in Book 7654, Page 026. See also deed of said Lot #4 recorded with the Essex South District Registry of Deeds Book 7654, Page 028 . • 1{ Y W116 Lill OTE STE " F BITUMINOUS ASPHALT CAP RESTRICTED AREA aew ss: �a, � .f...— ...........—.................... 1].N .............................. ..... ............ .. .. .. .. .. .. .. I.,w ...... ......... E x.asW _ ::...ni?>_.__. .................. L.i : ............: . ................:':::::::::: :: ::::: @Ulla BUILDNc:;;;::: North. G .. ...::. E sup � River — `A r <t = a:�:�i<..;;.:�:._;;:: tPs� � --- - -- . _ ------------- -- - -- ---- ---- - ---=ice Can- - - --- --O :.. �j ---- -- - - -. AREA:::::;;;:::'::. . — — �...........::::........ F 3_:ji :_i:;iyii::?{:2::::j':]ii:}:::;...... FINISHfNG BUILDING :: :' FGRLIER ........................ ..............................----......... .::::::......:::::::...:............ ONA71 B ON r sAY Uroat ........................... ............................................ ................ , x srnbs r awY , ;:;:eiYuMiNtiUs XSPriALY"Gini:: s::.'r.::.BFSTRICTED AREA c`iniiiii:i: ':Gi6d:.: OOssa .................. �F1tAGE .................................................... 36 �t- ROq,I :. ::✓''a`- LIQ B�IA�D IG710N "'"" WAREHOI —e — / t(xatrT twrtws v(Ax metnals wn+ —e� � � I e e >�wcs AIm Imwwtwrrs a>� 1 arastxr a o®s I I I I EXHIBIT B-1 RESTRICTED AREAS OF THE — I I LJ DISPOSAL SITE J LJ SALEM OIL & GREASE v FnaeFmr tNC ttn N.w almm'HAN a Imd III at km. tA�N sy,� s fn N, t 60 Grove Street 1a tE ,1WISY.DAIID Al%t0.la]q araUOD.N�I1,AOtR, A,4NC Salem, Massachusetts N FSSIX Sall01 fLOSNY K L'ffl1S RAIL NXK 132 R Nl FagorG For. Salm P ab CIl fT i Rrtmt Qwr: wl O Hd Rrd(r T^µ Ea Pew Str,t$dxR Ml Na1a FiiMoimrxd C SV. QM of Ilufw arr,ad•tn�,Fc 34 Q }5 R�3APOBIC SC�iE 120 ma taaru.srw.sn.n ue..od+awle.mzro �" T (ap s..s#: Itau a•x.sxErY axva�' zm tlo,nsglw,stnst.Sn.n,uama.ls.as(nuro " Sib F.pinr. Pobona ImE Uo.alao.n�l Fi•�w.M (N s.a 7 ms SUrn.SdsiE Ye,eetluoeW mato " ons Axy�tYos 9wn t er t Floc ps-za No. 9� City of Salem Ward 47) r .. APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:1, 11, 111, IV,and IX. 1. AT(LOCATION) Cid LJ 15 (S R DISTRICT LOCATION OF BETWEEN AND _ BUILDING (CROSS STREET) (CROSS STREEfI LOT SUBDIVISION LOTBLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE.FOR"DEMOLITION"USE MOST RECENT USE IX Now building Residential Nonresidential 2 [] Addition(If residential,enter number of new, 12 ❑ Ona family 18 ❑ Amusement,recreational (rousing units added,if any,in part D, 13) 19 ❑ Chruch,other religious 13 ❑ Two or mom family-Enter number 3 ❑ Alteration(See 2 above) of units ......................._.............................. 20 ❑ Industrial 21 ❑ Parking garage 4 ❑ Repair replacement 14 E] Transient hotel,motel,or dormitory- 22 ❑ Service station,repair garage 5 ❑ Wrecking((!multifamily residential,enter number Enter number of units .................... . 23 ❑ Hospital, of units in building in Part D,13) 15 Hfice. 24 Oice, Garage fb institutional ❑ bank Professional 6 ❑ Moving(relocation) 16 Carport 25 ❑ Public utility 7 ❑ Foundation only 17 C] Other-Specify 26 ❑ School,library,other educational B. NERSHIP 27 ❑ Stores,mercantile 28 ❑ Tanks,towers 8 IN Private(individual,corporation,nonprofit U 29 E] Other-Specify institution,etc.) 9 ❑ Public(Federal,State,or tical government C.COST (Omit cents) Nonresidential-Describe in detailro p posed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary school,Secondary School,college, UO at industrial school,parking garage for tlepng is tit store,rental,office building,d use building 10. Cost of improvement ...................._................................... $ at intlustrial Plant.If use of existing building is being changed,enter proposed use. To be installed but not included in the above cost !/ ASCE 1JA"TL2 'TR£r6(r ret r-K T Y�i4iJ-C a. Electrical...................................................._..................... 100%000 b. Plumbing.......................................................................... O c. Heating,air conditioning................................... 00 d. Other(elevator,etc.)...............__......................_......... s - 11. TOTAL COST OF IMPROVEMENT $ III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additibns, complete Parts E-L;demolition, complete only Parts J& M,all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ❑ Gas - ;40 ❑ Public or private company Will there be central air 31 Wood frame 3641 Oil Private(septic tank etc.) conditioning? ❑ ❑ 32 Stmctural steel 37 ❑ Electricity 44 ❑ yes 45 IV No 33 Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will them by an elevator? 34 ❑ Odrer-Specify 39 ❑ Other-Specify 42 Public or private company 46 X yes 47 ❑ No 43 ❑ Private(well,cistern) J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 48. Number of stories ........_.................................................. 49. Totalsquarefeet f floor am all floss re fbasede o Has Approval from Historical Commission been received nexterior dimensions _.................................................._..............__ for any structure over fifty(50)years? Yes_ No_ 50. Total land area sq.it.................................................._.. Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed..............._.......................................................... 52. outdoors......................................._................................ HAVE THE FOLLOWING UTILITIES BEEN DISCONNECT Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed ..................................._......_...._........ Electric: Gas: 54. Number of Full................_....................... .Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Padiai-................................. BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No_ (If yes,please enclose documentation from Hist Com.) Conservation Area? Yes_ No_ (If yes,please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No_ Is property located in the S.R.A.district? Yea_ No_ Comply with Zoning? Yes-Z No_ (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No_ (If yes,submit documentationAf no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ No—L-"(If yes,submit documentation) Massachusetts State Contractor License 7- Salem License # l� Home Improvement Contractor# Homeowners Exempt form (if applicable) Yes_ No CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary,please submit in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name Mailing address-Number,street,city,and state ZIP Code Tel.No. Omer or }c-irl o« — SA LL rIA— Lessee 6 Contractor Builders Q License No. 3. 2L.Gk'J2L G, .� q-, Architect or Engineer C 4 [1.1 k I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to Conform to all applicable laws of this jurisdiction. Signatur ap icant Address A lion date DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building / d G[J FOR DEPARTMEW USE ONLY Permit number Building19� Use Group Permit issued Fire Grading Building Permit Fee $ __—_.�! "S� Live Loading Certificate of Occupancy $ occupancy Load Approved h Drain Tile $ Plan Review Fee $ rrLE NOTES AND Data• (Far department use) 2 n1 w 4 C PERMIT TO BE MAILED TO: x r} 61 Lo VtO n/ G DATE MAILED: 3 13 Construction to be started by: „t pleted by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use Salem F.re Department APPOINTMENT ST BELL u Fe Fneventi on Bwceau APPOINTMENT FOR FINAL INSPECTION MU ONE WEEK 48 La4ayette Street INSPECTION MUST BE MADE AT LEAS Salem, Ma 01970 MADE AT LEAST ONE WEEK (508) 745-7777 AHEAD.-___,-- FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accoAdance w.Gth .the P40v444on,6 o4 the Ma66achu4ett6 State Bu tdLng Code and the SaZem F.i,ae Code, appt.4catLon -r..6 heteby made {yon appn.ovat o4 pean,6 and the Z-6.6uance 04 a ce4,tt4tcate o4 app.,ovaZ 4on a bu.i.Zd i.ng pe4m4 t by the SaZem Fine Depan.tment. (Re4. Section. 113. 3, Ma6.6. State Bldg. Code) Job Locat-i.on: v d O (/� 17 o Wne2 ll /OGGpant: - 21, C nt trt Z7t EZec.t ca.Z Contnaaton: �Na �L 5 g-l-t tc _ 2 F.in.e Supp.,ce•64.i.0n Contnac-to4: p .1 i SZgnatun.e 04 Ap pZ-,Leant: Phone 0: l —� "A Add ".6 04 City on Appttcant: 1,� Sat7lIK �r� �e�rrr Pr/d Town: � fsf"r Tig. Appn.ova.e date: S/J21 � Ce4t-i.4.icate o4 appnovat 44 he,%eby 9nanted, on appn.oved plan b on aubm4tta2 o4 p.,toject deta,L.U, by the Satem F-ZAe Department. AZZ pt4n•6 ante app2oved aoteey 4o,, tdent.444cat4 on o4 type and Zocati.on o4 4-4,te p4otection devtc" and equ.t.pment. AZZ ptan6 atee .6ubject to appxovaZ o4 any othe% authonLty having auA,"dLeti.on. Upon compZet.Zon, the appZzcant on inatnQQen(b) 4ha• Z nequ"t an tn6pec Zon and/on teat o4 the 4-iAe pn.otectl.on device.e and equipment. ( *' FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) 0 New conaturct.Zon. P4openty Zocat.Lon ho-6 no compt-Lance w.i,:th the pnov-Z44on.6 o4 Chaptea 148, SeetZon 26 C/E, M.G. L. , R.etati,ve to .the .in4taZat.4on o4 appn.oved 4-4Ae a.eaAm devZc". The owne-c o4 thZ.6 puopeaty i-6 �xequZ4;ed to obtatm compZ.i,ane.e a,6 a condi.tl.on o4 obta.Zn..ing a Bu- ediA9 PeAm•i t- Paopetty Zocation Z4 in compZ4,anee wtith the pntov4-6ton.6 04 Chapter. 148 , Seeti.on 26 C/E, M. G. L. ; ExpZ4a,t-i..0n date: r 47 l _ J Fee jcca: undo. 7 • 300 Sq. Ft, p`10. 00 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In compliance with the provision of Section 113.5 of the Massachusetts t State Building Code, and under guidelines agreed upon by the Salem Bldg. 1 Inspector and the Salem Fire Chief, the applicant for a building permit shall obtain the Certificate of Approval (see reverse side) and stamped plan approval from the Salem Fire Prevention Bureau. Said application and approval is required before a building permit may be .j w issued. The Massachusetts State Building Code requires compliance Z 3 f approval of the Salem Fire Department, with reference to provisions of z m w t Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts o N p I General Laws, and 527 Code of Massachusetts Regulations. 4 F z � W The applicant shall submit this application with three (3) sets of plans, W Z.� drawn in sufficient clarity, to obtain stamped approval of the Salem Fire (- Department. This applies for all new construction, substantial o ww Ci alterations, change of use and/or occupancy, and any other approvals a (n a = required by the Massachusetts General Laws, and the Salem Fire Code. < z < Exception: Plans will not be required for structural work when the proposed work to be performed under the building permit will not, in the opinion of the Building Inspector, require a plan to show the nature and character of the work to be performed. , Notice: Plans are normally required for fire suppression systems, fire alarm systems, tank installations, and Fire Code requirements. Under the provisions of Article 22 of the Massachusetts State Building Code, certain proposed projects may not require submission of plans or complete compliance with new construction requirements. In these cases, provisions of Article 22, Appendix T, and Tables applicable shall apply. This section shall not, however, supersede the provisions outlined in the Salem Fire Prevention Regulations, Chapter 148, MGL, or 527 Code of Massachusetts Regulations. All permits for fire code use and/or occupancy shall apply for the entire structure; fire alarm and/or smoke detector installation shall apply to the entire structure based upon current requirements as per Laws and/or Codes, but the existing structure may comply with regulations applicable for existing structures. Notice: Sub-contractors may also be required to file individual applications for a Fire Department Certificate of Approval for the area of their work. Such sub-contractors shall file an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. � FOR ETA Form 81X (10/90) OINTMENT FOR 6E AL 1 APSpE j�N MDSONE WEEK APP ECTION MUS014g- WO N WEEK 1NAO AT BEAST '��-► E E r IMAGE AT 1 FAST ^.�� AHF D............. A"ENO----••---....- COMMONWEALTH OF MASSACHUSETTS DErAR:hmqT OF INDUSTRIAL ACCIDENTS = 600 WASHINGTON STREET :aures.zanooe+; BOSTON, MASSACHUSETTS 02111 s sone. WORKERS' COMPENSATION INSURANCE AFFIDAVIT tlicensttc nermineci with a principal place of businessiresidentx at: (CsrytStamizip) do hercbv certifv, under the pains and penalties of perjury, that: j I am an employer providing the following workers' compensation coverage for my employees working on this lob. Insurance Company Policy Number ( j i am a sole proprietor and have no one working for me. Jm a sole grspHe4e4. neral co in ractoameavrner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor insurance Company/Policy Number 63�f 70 �5 S �G cG ai OD Sr�'u�rZiegG -�� ---� C� Tor �/rUoe�,.,� •"dr�r�� ,36 P�� Name of Contractor Insurance Company/Policy Number 4610we,9G 617e,19,Fk- Lo,v";r eb5S fns . 3// 37 i/6iy Name of Contractor Insurance Company/Pohcv Number () i am a homeowner performing all the work myself. NOTE: Please be aware that while how" cr who empioy perwnr to"maintenance.construction or repair work on a dwelling of not more than thme units in which the homeowner aim resides or an the grounds appurtenant thereto ate not generally considered to be empiovers under the Worker' Compensation Act(GLC. 152.sect. 1(5)), application by a homeowner for a license or permit may evidence the legal status of an employer under the Workers'Compensation Act. i understand that a coov of this statcrnent will be forwarded to the Beoartment of Industrial Accidents' Office of insurance for coverage venfctation and that faiiure to secure coverage w recurred under Sccuon 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a Fine of up to 51500.00 and/or imprisonment of up to one yew and civilpenalties in the form of a Stop Work Order and a Fine of 5100.00 a day against me. Siened this /S day of 1��/!\ , -119 Licenseei Permirtee LicensoriPermirtor � • w g �Is'ttntiltg '�ttarl �;` �®�;'�;. Mur §§aIrm (Arm Decision Special Permit Wetlands and Flood Hazard District Salem Oil and Grease 60 Grove Street Salem, MA 01970 Re: 60 Grove Street On Thursday, November 4, 1993, the Planning Board of the City of Salem held a public hearing regarding the application of Salem Oil and Grease for a Special Permit under Section 7- 16, Wetlands and Flood Hazard District of the Salem Zoning Ordinance, with respect to a proposal for the construction of two additions to existing buildings and associated site work within a wetland and flood hazard district. At a regularly scheduled meeting of the Planning Board held on Thursday, February 3, 1994, the Board voted by a vote of eight (8) in favor, none opposed, to approve the application as complying with the requirements of a Special Permit, subject to the following conditions: 1. Conformance with Plan Work shall conform to plan entitled, "Proposed Resurfacing and Storm Water Control for Salem Oil and Grease", dated September 17, 1993. 2. Conservation Commission Work shall comply with all requirements of Order of Conditions issued by the Salem Conservation Commission on September 23, 1993, File #64-220. 3. Board of Health Work shall comply with all requirements of the Board of Health approval dated November 29, 1993, 4. S SD Work shall comply with all requirements of the South Essex Sewerage District. 5. Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall commence before 8:OOA.M. on weekdays and Saturdays. No work shall continue beyond 5:OOP.M. There shall be no work conducted on Sundays or holidays. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. 6. Violations Any violations of these conditions shall result in revocation of this permit by the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner of applicant. Walter B. Power, III �QRL{y Chairman jm\bd\oil&g=.spc Plans must be filed and approved by the Inspector before a permit will be granted. No.,� 9� City of Salem Ward_ D r IS PROPERTY LOCATED IN THE �c � ; HISTORIC DISTRICT? Yes No s IF SIDING, HAS ELECTRICAL �s PERMIT BEEN OBTAINED? Yes No Home Phone # ' APPLICATION Bus. Phone # FOR e, IGLC@, LA../ © 4JS � PERMIT TO R Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned herebv a lie ora permit to buil ace din to the fwin s cifications: �' 7 cu--Cr Owner's name and address applie � g g Architect's name / y-�-� Mechanic's name and address I'M [7 b... [/"t Location of building,No. �- What is the purpose of build' 9 - - L Cv a Material of building? _pct'C, Asbestos? If a dwelling,for how many families^. _ Will the building conform.to th�jr quire nts of the Iaw? mateContractors -- Estid cost llCon actors Lic.No. Z _ Signature of applicant EMARKS SIGNED UNDER THE P NA TY OF PERJURY. n, 1 No.� t3Ward APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location PERMIT GRANTED 19 9- App ova Building Inspector COMMONWEALTH OF MASSACHUSETTS DEI'AIs:'HENT OF INDUSTRIAL ACCIDENTS MK 111 600 WASHINGTON STREET aures Gam�oei; BOSTON, MASSACHUSETTS 02111 �om�ss�one� WORKERS' COMPENSATION INSURANCE AFFIDAVIT (l icensec/perm i rtee) with a principal place of business/residence at: (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: [ ] 1 am an employer providing the following workers' compensation coverage for my employees working on this job. CCA s Jiti�� N)---SL/re✓ Ora f1� P o 0 2 z k 4j . J Insurance Company Policy Number [ ] 1 am a sole proprietor and have no one working for me. [ ] I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: 6-1t, v0 v-I (,nk-a asnwrL/OcL�sl- Name of Contractor Insurance Company/Policy Number Name of Contraaor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number [] I am a homeowner performing all the work myself. NOTE: Please he aware that while bomeowners who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL.C. 152,sett. 10)), application by a homeowner for a license or permit may evidence the legal status of an employer under the Workers' Compensation Act. 1 understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of Criminal penalties consisting of a fine of up to 51500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a fine of S 100.00 a day against me. Signed this //!Y ��''� day of ,l,� /1'/ ' 19 �3 Licensee/Permittee Licensor/Permittor ND. = City of Salem Ward � x APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:1, 11, Ill, IV, and IX. /nC I. AT(LOCATION) w Ge { S� � ��LG�7 r(�� ZONINGDISTRICT LOCATION (NO.) / �, (STREET) OF BETWEEN toozD AND (f),9LivN BUILDING (CROSS STREET) (CROSSSTREET) SUBDIVISION LOT BLOCK SIZE IL-TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(If residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,i1 any,in part D, 13) 19 ❑ Chruch,other religious 13 ❑ Two or more family-Enter number 3 ❑ Alteration(See 2 above) of units....................... 20 Industrial ................................ 21 Parking garage 4 Repair replacement 14 ❑ Transient hotel,motel,or dormitory- Enter number of units ........................... 22 E] Servicestation,repair garage 5 ❑ Wrecking(it muMAamily,esitlential,enter number 23 E] Hospital,institutional of units in building in Part D,13) 15 ❑ Garage 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 26 ❑ School,library,other educational 7 ❑ Foundation only 17 Other Specify 27 Stores,mercantile B.8 7N HIP 28 ❑ Tanks,towers 8 Private(individual,corporation,nonprofit 29 E] Other-Specify institution,etc.) 9 ❑ Public(Federal,State,or local government C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop,laundry building at hospital,elementary school,secondary school,college, parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement ....................................................... $ �b , at industrial plant.If use of existing building is being changed,enter proposed use. To be installed but not included in the above cost /�/CEXC /2 O y F-� "`- /--C C'�, t- / /jOC/S a Electrical.......................... r/ f b. Plumbing.......................................................................... C�/ 0 �0� /A17 c. Heating,air conditioning............................................. d. Other(elevator,etc.)............. jj 11. TOTAL COST OF IMPROVEMENT $ J �' OD III. SELECTED CHARACTERISTICS OF BUILDING -For ner bu i gs and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEV G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 Masonry(wall bearing) 35 ❑ Gas 40 e Public or private company Will there be central air 31 Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning? oe 32 ❑ Structural steel 37 ❑ Electriay 44 ❑ Yes 45 No 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 &Kublic or private company 46 ❑ Yes 47 J;�Ko i �/ _ 43 ❑ Private(well,cistem) J.DIMENSIONS 48. Number of stones ............................................................ M. DEMOLITION OF STRUCTURES: 49. Total square feet of floor area, Has Approval from Historical Commission been received all floors,haled on extedo��—? dimensions ........................................c.._........................... for any structure over fifty(50)years? Yes_ No_ 50. Total land area,sq.ft. .............................................. Dig Safe Number N14 K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed ............n...5 ........................... �/A sz. Outdoors..........................._................................................ HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?Yes No L RESIDENTIAL BUILDINGS ONLY Water: & 53. Enclosed ............................................................................. Electric: �. Gas: 54. Number of Full.......................................... Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial - BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No ✓ (If yes,please enclose documentation from Hist. Com.) Conservation Area? Yes_ No✓✓ (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No_ N11H Is property located in the S.R.A. district? Yes_ No Comply with Zoning? Yes_ No (if no,enclose Board of Appeal decision) NIA Is lot grandfathered? Yes_ No (If yes,submit documentation/if no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No_ A)1>9 Is Architectural Access Board approval required? Yes_ No—Z(lf yes,submit documentation) Massachusetts State Contractor License# D 39 0?V Salem License# Home Improvement Contractor# Homeowners Exempt form (if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary,please submit — L 5 9-3 in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by alt applicants Name Mailing address-Number,street,city,and state ZIP Code Tel.No. Owner or SALF��? 0,L Ir ,cor c` Sr S�aLe.ig, ,,i,9 0 5 70 7Yr— Lessee e,459: z. S/ car /J �E / u, li,. - . �/ /Vl� G" kG3 bi YLs Contractor Builder's 16e)ti,A.e t License No. yza- z 3. Architect or Engineer I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorim,agent and we agree to conform to all applicable laws of this jurisdiction. Signatur f a ' i _ Address Application date � f�•C Sc�.,,,. � �0 L_ �-93 r' E COMMONWEALTH OF MASSACHUSETTS � C ^ Elk DEPAR:MENI' OF INDUSTRIAL.ACCIDENTS _ � 600 WASHINGTON STREET .lames Gampoer, BOSTON, MASSACHUSETTS 02111 ,omm,ss one, WORKERS' COMPENSATION INSURANCE AFFIDAVIT 1, 611LglC&U A11190AJAZ r0A15reyC7711)N (licensee/perminee) with a principal place of business/residence at: (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: (yl i am an employer providing the following workers' compensation coverage for my employees working on this job. dji.�P5,9w -rOS - ('0 �T h,j A)1-44zfxw o X39 Insurance Company 7a -16 76 Policy Number [ ] I am a sole proprietor and have no one working for me. [ ] I am a sole proprietor, general contraaor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number [] I am a homeowner performing all the work myself. NOTE: Please he aware that while homeowners who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowner for a license or permit may evidence the legal status of an employer under the Workers' Compensation Act 1 understand that a copy of this statement will be forwuded to the Department of Industrial Accidents' Office of Insurance for coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to $1500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a fine of 5100.00 a day against me. Signed this c day of 19 Licensee/Permitter Licensor/Permirtor �� '•,A GULDE INS AGENCY 617 229 117EI P. 01 ACORIO. CERTIFICATE OF INSURANCE ISSUE DATE i 2/08/9308/93 i.4.cL PRODUCER 1'ry�S l'r, {" 1'CA'IE IS ISSUED �l A I l C,f OF'INFI$�iIv1AYlON ONLY ArTD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE APF6RDED BY THE Gulde Insurance Agency, Inc. I POLICIES BELOW. 35 Center Street I Burlington, MA 01803 COMPANIES AFFORDING COVERAGE i COMPANY LETTER A AEtna Casualty & Surety I LEETTERNY 6 INSURED Wausau Insurance Companies r American Masonry Construction COMPANY 6 Shady Lane Drive LETTER G Burlington, MA 01803 COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUtREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER TR _ ....^DATE(MMtDOtYY)—DATE(MMI00/YY) LIMITS - GENBPAL UA&UTI GENERAL AGGREGATE S 1,000,000 iA COMMERCIAL GENERAL LIABILITY PROOUCTS-COMPICPAGO. S 1,000,000 CLAIMS MADE 06 MP 0022504947 7/22/92 7/22/93 1{ OCCUR. PERSONAL eADV,IWUAY s 500r000 i OWNER'S i CONTRACTOR'S PROT, EACH OCCURRENCE S 500,000 I i FIRE DAMAOE(A^7"0ItrO S 300,000 ' I MED.EXPENSE(Any M.PeIWn S S 000 Y AUTOMOBILE LIABILITY COMBINED SINGLE f ANY AUTO LIMIT S I. ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Dorm,) S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS - (PM"OIhmt) S GARAGE LIABILITY PROPERTY DAMAGE 5 EXCESS LIABILITY EACH OCCURRENCE s �� J I UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM I �....�.,.Y,,...., .,., ��.. .._..._...... .._...._.... ... _., ._.,,....,._.,BTATJTWy'L.l_d.IT.$ WORKA'I COMPENSATION «.,. . ..._,.... ..,.,,. ,i B AND 1513-000909439 8/12/92 8/12/93 EACH ACCIDENT S 100,000 DISEASE—POLICY LIMIT S 500,000 I EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE s lOQ,00Q„ . .. . OTHER I i I DESCRIPTION OF OPERATION$/LO.. ......._,.... ....._,....«..,_..<.,.._...... .__—....—... . ....."...._. ...��......- .—.�............ ........._......... ....-.4.._.+-........^. .: CATIONSNEHICLEW$PECIAL IrEMS e 3 CERT CATE 14OLDER - CANCELLA710N I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Salem Oil & Grease EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO 60 Grove Street MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Salem, MA 01970 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES Attn: John Giordano AUTHORIZED p PRESENTATIV p plant Engineer AD �� ACOgO 25,S(7/90) 4ACOAD CORPORATION 1990 DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building Q� FOR DEPARTMENT USE ONLY Permit number Building _� use Group Permit issued o2 199 Fire Grading Building r� v Permit Fee $ �- Live Loading Certificate of Occupancy $ Approved by: Occupancy Load Drain Tile Plan Review Fee $ LE NOTES AND Data. (For department use) PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN •For Applicant Use YJ \ f /\r3 Vim, N 8o Form) 3Ilt� � _ oECE Fie No. (Ta be provided by GECE) (")Y Qr �t commonwealth Clty/Town Salem of Massachusetts 5a1 -Oil r Pa cP „ AppiiGeM n ,.r Co. Determination of Applicability r Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From S,1,, Conservation Commission . Issuing Authority T4 Salem Oil & Grease Co. Blubber H011n17 Realty Trust (Name of person making request) (Name of property owner)- Address P•0. Box 4458 60 Grove S Street Address same a em, a 19 0 This determination is issued and delivered as follows: ❑ by hand delivery to person making requdst on rdate) ❑ by certified mail,return receipt requested on (date) Pursuant to the authority ofG.La. 131, §40,the Salem ConsPrvatinn Cnmm;ccinn has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever Is applicable): This Determination is positive: , 1. ❑ The area described below, which includes ail/part of the.area described in your request,is an Area a Subject to Protection Under the Act.Therefore,any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent L 4. 2. ❑ The work described below, which includes all/part of the work described"in your request,-is within an Area Subject to Protection Under the Act and will remove;fill,dredge o'atter that area:There- fore,said work requires the filing of a Notice of Intent " 2-1 Si 3. ©_ The work described below,which includes all/part of the work described in your request;is within the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the firing of a Notice of Intent. This Determination is negative: f:. 1. IR"' The area described in your request is not an Area Subject to Protecrtion Under the Act ' 2. O The work described in your request is within an Area Subject to Protection Under the Act, but win ' not remove, fin,dredge,or atter that area.Therefore,said work does not require the filing of a Notice of Intent. 3. O The work described in your request is within the Buffer Zone,as defined in the regulations,but win not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the fTng of a Notice of Intent. 4. The area described in your request is Subject to Protection Under the Act,but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by Salem Conservation Commission'. Signature ) l f V , 6 Th etermination must/be signed by a mafority of the Conservation Commission. On thi, oZtl�h day of ` 19 O before me . personally appeared - tome known to be the person cl<_stcribed in, and who executed, the foregoing instrument,and acknowledged that he/she executed the s' as his/her fr a act aq� deed, g 1 - f-�-� rata y'Purofic My commission expires This Determination does got relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances. by-laws or regulations.This Determination shall be val%d for three years form the date of issuance. The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is located.are hereby notified of their right to request the Department of Environmental duality Engineering to issue a Superseding Determination of Applicability,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2.2A Ar' fi 1 z4 rH 919 `,.� E�J� � ili illE'Ilt� 'lFT$S2IC��LT'3P# CIT SALEM. WASS.IL'E x !� m ' Iututittg �Dar1 AFR 23 2 5 pig 1 nr rilem ( nett RECEiVEO CITY OF SALEM,MASS. April 23, 1979 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT BLUBBER HOLLOW REALTY TRUST 60 GROVE STREET SALEM, MASSACHUSETTS 01970 On Thursday, April 19, 1979, the Planning Board of the City of Salem held a public hearing regarding the application of Blubber Hollow Realty Trust for a Special Permit under Section P, Wetlands and Flood Hazard Districts of the Salem Zoning Ordinance. During the public hearing for Blubber Hollow Realty Trust, the Planning Board voted, by a vote of seven in favor, none opposed to approve the applica- tion dated March 13, 1979 as complying with the requirements for the issuance of the Permit, with the following conditions: 1. All work except as modified by these conditions shall be done in accordance with: a. Drawing L-1, A-1 through 4, P-1 through 4 and E-1 through 4, dated 3/12/79 and prepared by Frank E. Gallagher Engineering Inc. , 8 Marblehead St. , North Andover, Mass. 01845, titled "Spill Prevention Control and Countermeasure Plan for Salem Oil & Grease Co. , 60 Grove St. Salem, MA." b. Drawings: l .dated 2/16/79; 2 dated 2/19/79; 3 dated 2/26/79 and 4 dated 2/25/79, prepared by Sea Plantations, Inc. for Salem Oil and Grease Co. , 60 Grove Street, Salem, Mass. 2. All structures shall have a ratio of downward weight to uplift force of at least 1.2 during inundation to elevation 11.0, mean sea level. 3. Manholes must conform to City requirements. 4. Sanitary/waste lines must be "tight" joint. 5. No catch basins are to be cross connected to sanitary. A copy of this application is on file with the Planning Board. '74 _Z_ %, I hereby certify that a copy of this decision has been filed with the City Clerk. This special permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed, and that it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee .for recording or registering shall be paid by the owner or applicant. Walter Power III Chairman SM/sm REQUEST FOR REVIEW COMMENTS g SPECIAL PERMIT DATE: IYJ /.31 /9 TO: ( .4 Building Inspector, ( ) Conservation Commission ( ) City Engineer ( ) Other: ( ) Board of Health Attached please find the application referenced below. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance. We would appreciate your completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. ( WETLANDS & FLOOD HAZARD DISTRICTS ( } CLUSTER DEVELOPMENT ( ) / PLANNED UNIT DEVELOPMENT APPLICANT- PROJECT NAME & ADRESS: 1�C> DCJf� CONTACT PERSONS AND PHONE: Applicant: City: / COMMENTS DUE BY: T t �A� zwlo, -' J& f (Failure to comment within 35 days Vil be deemed ladk' o op osition.) Concur with proposal (Explain on reverse side) {, ) Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) (. ) Comments included Gs.•tr�s S ,� EVIEWER'S SIGNATURE TI LE DATE ORDER ! WETLAND PROTECTION ACT ` .G.L. C. 131 s. 40 FILE NUMBER : 64-43 PROJECT LOCATION: 60 Grove Street Salem, Mass. TO, Salem Oil & Grease CERT. MAIL NO: 60 Grove Street Salem, Massachusetts 01970 ?E : _7OTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY = May 2, 1979 CONSERVATION COMMISSION: May 1, 1979 DATE OF PUBLIC HEARING: May 15, 1979 Pursuant to the authority of G.L. C. 131 s. 40, the Salem Conservation Commission has considered your notice of intent and plans submitted therewith, and has determined t3zt. the area on which the pro- posed work is to be done is significant to one or more of the interests described in the said act. The Salam Conservation Commission hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the Notice of Intent and Pians, unless modified by said conditions: CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2 . This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion' of private rights. 3 . This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below pursuant to Regulation 6.7. The order may be ex- tended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster. { wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. _ 26 _ PAGE 2 FILE NO. 64-43 Y 5. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this Order showing book and page Dh or to cciaencement of work. 8. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number_&j.,, _ . 10. Where the Department of Environmental Quality Engineering is requested, to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency pro- ceedings and hearings before the Department. 11. The work shall conform to the following described plans and additional conditions. That the work conform to the plan dated May 1, 1979 entitled"New Sulfonation Building" for Salem 031 & Grease, Co. , 60 Grove Street, Salem, Mass. , prepared by Frank E. Gallo Engineering Inc. , 8 Marblehead Street, No. Andover, Mass. 01845 drawings L-1, A-1 thru 14, S-1 thru 6, E-1 thru 3, P-1, H-1 and 2. -27- CO` 9TT1CN'S j7C_M """i7j^D PAGE 3 FILE ::G. 64-43 4 The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Depart— ment of Environmental Quality Engineering provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSUED BY SALEM CONSERVATION COMMISSION JUNE 5, 1979IT 1 Date of Issuance On this ;"day of /�" � � iJ9�j� before me personally appeared � ,�./_dim %i��-� � /max✓-��'. -to me known to be the person described in and who executed the foregoing instrument and acknow— ledged that he executed the same as his free act and deed. MY Commission Expires April 27,1984 Commission expires -28- ORDER WETLAND PROTECTION ACT G.L. C. 131 4q,�0 Y �+E= SiiLEi�.P1A55• FILE NUMBER: 64-37 PROJECT LOCATION: 60 Grove Street CERT. MAIL NO: Salem, Mass. 01970 T O: Blubber Hollow Realty Trust 60 Grove Street 673763 Salem Mass. RE : NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY February 7, 1979 CONSERVATION COMMISSION: Feb. 7, 1979 DATE OF PUBLIC HEARING: February 20, 1979 & March 20, 1979 Pursuant to the authority of G.L. C. 131 s. 40, the Salem Concervation Commission has considered your notice of intent and plans submitted therewith, and has determined t';4t. the area on which the pro- posed work is '.to be done is significant to one or more of the interests described in the said act. The Salem 'Consarvatinn .ommiasinn hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the Notice of Intent and Plans, unless modified by said conditions: CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2 . This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4 . The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below Dursuant to Regulation 6.7. The order may be ex- tended by the issuing authority for one or more additional one-year .periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5 . Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, { wire, lath, paper, cardboard, pipe, tires, ashes, re`_rigeratorz, motor venicles or parts of any of the foregoing. „D„ 26 _ / t CON iTiONI C^. :::C "D PAGE 2 FILE NO. 64-37 6. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7 . No work shall be undertaken until, the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of . title of the affected property. Copy to be furnished to issuer of this Order showing book and page prior to commencement of work. B. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 64-37 " 10. , where the Department of Environmental Quality Engineering is requested: to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency pro- ceedings and hearings before the Department. 11. The work shall conform to the following described plans and additional conditions. See attached sheet Page 2-A -27- XON C0.1f Conservation Commission v. Salem, Massachusetts 01970 Telephone (617) 745-5056 yAss", J- March 30, 1979 Page 2-A The Salem Conservation Commission has determined that the area of the proposed work is significant to storm damage prevention being in an area inundated by the 100 year flood. a. All work except as modified by these conditions shall be done in accordance with: 1. Draining L-1, A-1 through 4, P-1 through 4 and E-1 through 4, dated 3/12/79 and prepared by Frank E. Gallagher Engineering Inc, 8 Marblehead St., North Andover, Mass. 01845, titled "Spill Prevention Control and Countermeasure Plan for Salem Oil & Greese Co. , 60 Grove Street, Salem, Mass." 2. Drawings: 1 dated 2/16/79; 2 dated 2/19/79; 3 dated 2/26/79 and 4 dated 2/25/79, prepared by Sea Plantations, Inc. for Salem Oil & Greese Co. , 60 Grove Street, Salem. b. All structures shall have a ratio of downward weight to uplift force of at least 1.2 during inundation to elevation 11.0, mean sea level. c. At least 4 weeks prior to the start of any site work the following shall be submitted to the Salem Conservation Commission to demonstrate a factor against uplift of 1.2: 1. Uplift calculations for pump chambers prepared by Lynwood V. Prest. 2. Uplift calculations for the chambers at Building 59 and at the Finish Building prepared by Calvin Samson. For concrete submerged structures with integral base slabs and for fiberglass chambers with a gasket between chamber and ballast slab the uplift force shall be computed at the underside of the slab. r•0?17`rTIC IS C'7`^iU^0 PAGE 3 ME NO. / J S The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Depart- ment of Environmental Quality Engineering provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSUED BY. Salem Conservation Commiccinn ^ n 2C VM C March 30, 1979 Date of Issuance On this day of Czh e�i� 19 7,j before me personally appeared 'A_�`eT ��s A _ to me known to be the person described in and who executed the foregoing instrument and acknow- ledged that' he. executed the same as his free act and deed. - My commission expires —28— r No Conservation Commission Salem, Massachusetts 01970 Telephone 16171745-5056 n``�O CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A public hearing will be held as required by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Blubber Hollow Realty Trust; 60 Grove Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of the construction of an effluent pretreatment system designed to separate presently excessive hydrocarbon contaimanants generated by Salem Oil & Greese's operations at 60 Grove Street, Salem, Massachusetts. The hearing will be held on Tuesday, February 20, 1979, at 8:00 P.M., on the third floor of One Salem Green. Bradford' Northrup Chairman Jo Conservation CommiAM' l", Salem, Massachusetts 01970 Telephone 1617) 745-5056 p �"'Ass�C . An 21 2RECEE��49 PP9 '11�gg8 CITY OF SACASS.' 1978 Mr. Vance M. Smith III 60 Grove St. Salem, MA 01970 Dear Mr. Smith: At a regular Commission meeting of August 15, 1978 the Commission voted six in favor, .none opposed that your planned construction of a new sulfonation building is within 100 feet of a flood hazard area and therefore subject to the Wetlands Protection Act. A "Notice of Intent" to be filled out for this project was given to Mr. Hansen of your firm. We appreciate your cooperation in this matter. If you have any questions relevant to the procedures necessary to comply with the Wetlands Protection Act, please call the Commission office at 745-5056. Sincerely, Bradford C. Northrup Chairman SM/sm encl. CO`l;,O'UEALTH OF 1ASSAC>1,E-£TTS DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT i. G.L. C.131 s. 40 TO: Vance M. Smith III DATE: August 18, 1478 60 Grove St. Salem MA 01470 Pursuant to the authority of G.L. C.131 s.40, the Salem Conservation commission has considered your request for a determination of applicability together with the plans submitted with it and has made the following determination: 1. [ The area shown on the plans is not subject to the Act, 2. [ The entire area shown on the plans is subject to the Act and shall require a filing of the notice of Intent. 3. [ a Only the area described below is subject to the Act and shall require a filing of the Notice of Intent: 4. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 5. This determination does not relieve the person requesting the determination from complying with all other applicable federal , state or local statutes, ordinances, by-laws, and/or regulations. , 6. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify the said determination. 7. No work may be commenced under thisWttemnniio untjla�l appal)) periodhave elapsed. ` ' � f�>/° j dL'e _( lr12 tu Salem Conservat' ! ISSUED BY: commission Where the Department of Environmental quality E oineering issues a superseding determination, you are hereby notified of vour right to a formal hearing Dro- vided it is made within ten (10) days fron the date of the sucersedina deter- mination of the Department of Environmental Quality Enaineerino, G" -31- Bl EDING DEPT- � '• �p "•, p �, l�tnctittg �'narl Jn 25 ' 21 AM 79 ree�cw��° fte 0%1-ent 6LPPIt RECEIVED CITY OF SALEM,MASS. June 22, 1979 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT SALEM OIL & GREASE COMPANY 60 GROVE STREET SALEM, MASSACHUSETTS 01970 On Thursday, June 21, 1979, the Planning Board of the City of Salem held a public hearing regarding the application of Salem Oil & Grease Company, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the construction of a new sulphonation building for Salem oil & Grease Company, 60 Grove Street, Salem, Massachusetts. At a regularly scheduled meeting of the Planning Board on June 21, 1979, the Board voted, by a vote of six in favor, none opposed, to approve the application as complying with the requirements for the issuance of the permit with the following condition:. 1. The work shall be done in accordance with the site plan prepared by Frank E. Gallagher Engineering, Inc. , 8 Marblehead St. , N. Andover, Mass, entitled New Sulfonation Building for Salem Oil & Grease Company, Salem, Mass. , L-1, A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, A-9, A-10, A-11, A-12, A-13, A-14, S-1, S-2, S-3, S-4, S-5, S-6, E-1, E-2, E-3, P-1, H-1, H-2. I hereby certify that a copy of this decision has been filed with the City Clerk, and a copy is on file with the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed on denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or regis- tering shall be paid by the owner or applicant. WALTER POWER, III Chairman, Planning Board ITP/Jar z654G CEP i �\j�T��,=! ��Iaturtt� �IIarcl (1�CFFtt JUN 19 9 24 179 RECEIVED CITY OF SALEM,MASS. CITY OF SALEPI PLANNING BOARD Will give a Public Hearing to all interested persons on the petition of Salem Oil & Grease Company, 60 Grove St. , Salem., Massachusetts, for a Wetlands/Flood Hazard Special Permit for the construction of a neva sulphonation building at Salem Oil E Grease Co--pa-,;-, 60 Grove Street, Salem, Massachusetts. This hearing will be held on Thursday, June 21, 1979, at One Salem Green, 3rd Floor conference room at 7:30 P.M. WALTER POWER III Chairman June 7, 14, 1979 CITY OF SALEM BUILDING DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 1=25'03 P p .3 7 ~ &396028 I R.S.POSTAf. ! y0 W 4 c® Blubber Hollow Realt tr ust P.O. Box 4468 Salem, Ma. 01970 ATTN: Carl Smith ;� �i j t€1 1 � �i it �y � 1 �iy �i ={��t 7F� Et; �� . ��t� "r`. 00 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 9 � 120 WASHINGTON STREET, 3RD FLOOR 9ecrMmg�N SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 November 25,2003 Blubber Hollow Realty Trust P.O. Box 4468 Salem, Ma. 01970 ATTN: Carl Smith RE: Salem Oil/Grease Property 60 Grove Street Mr. Smith: This Department has been made aware that your business has ceased operating at the above.address. . We have also,received numerous complaints alleging that the alarm and sprinkler systems are not active. Under.the Authority of the Mass State Building Code 780 CMR, Section 115-6 a required inspection has been scheduled for Wednesday, December 3, 2003 at 9:30. Representatives from the Salem Fire Department, Electrical and this Department will be present. Please have someone who is familiar with your plant available to conduct the inspection. Failure to comply with this order will result in a complaint being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Since ely, Thomas St Tierrel? Acting Building Commissioner cC ;Tom Phlblbin.;A.-, Fire Department Electrical Department GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508)741-8648 September 19, 1994 The Honorable Neil J. Harrington Mayor of Salem 3 Washington Street Salem, MA 01970 Dear Mayor Harrington: Gulf of Maine Research Center, Inc. (GMRC) is pleased to provide this notification on behalf of our client, Blubber Hollow Realty Trust. The property located at 60 Grove Street in Salem, Massachusetts (hereinafter, "the Site") is Disposal Site Number 3-2131 for which a Waiver of Approvals was issued by the Massachusetts Department of Environmental Protection(MDEP) in June, 1989. A Response Action Completion Statement dated June 6, 1994 has been submitted to the MDEP. Contaminated soil has been excavated and disposed of properly out of state. In order to ensure a permanent condition of"no excess risk"is maintained at the Site, a notice of environmental restriction has been recorded at the Essex County Registry of Deeds (Book 12707 Page 172) a copy of which is included herewith as Appendix A. If you have any questions concerning this matter, please contact me or my associate, Jeffrey Kelly. Sincerely, Hugh Mulligan, Ph.D., L.S.P. Director cc: Salem Health Department I Salem Zoning Department Salem Building Department GULF OF MAINE RESEARCH CENTER INC. APPENDIX A ' f BK 12707 PG 173 eliminate potential exposure to the underlying materials. c. Basement access doors in the office building, finishing building and the former sulfonation building, cooperage room building depicted on the plan attached hereto as Exhibit B-1, shall remain padlocked and sealed with a minimum, two, quarter inch steel straps three inches wide spanning the entrance way and fastened to the door frame. Any additional basement access doors discovered in the future shall be similarly sealed. d. Should access to any basement be required for any reason, all. entry personnel shall utilize appropriate personal protective equipment under the direct supervision of an individual who has completed 40 hour Health and Safety Training and 8 hour Site Supervisor/ Manager Training pursuant to 29 CFR 1910. 120 or appropriate superseding regulations. Signed and sealed this da of August 1994 . V ,nde it_h -1 rustee Obert L. Smith, Trustee Gary Ht-5r Trustee COMMONWEALTH OF MASSACHUSETTS �2 Essex, ss. August/ 1994 Then personally appeared the above-named Vance M. Smith III, Robert L. Smith, and Gary Hanson in their capacity as trustees and acknowledged the foregoing instrument to be their free act and deed before me, Nota Public Myy�p mmission Expires: BK 12707 PG 174 EXHIBIT "A" That certain parcel of land shown as containing 5.44 Acres ± on a "Plan of Land in SALEM, MASS. AS SURVEYED FOR BLUBBER HOLLOW REALTY TRUST, Scale 1" = 40 ' , April 19, 1979, prepared by GOODWIN - GALLAGHER ASSOCIATES, INC. , ENGINEERS - ARCHITECTS - LAND SURVEYORS, 8 MARBLEHEAD STREET, NORTH ANDOVER, MASSACHUSETTS; said plan being recorded with the Essex South District Registry of Deeds in Plan Book 152 as Plan 98. For title to said premises see deed of Salem Oil & Grease Co. dated June 1, 1967, recorded with Essex South District Deeds, Book 5452, Page 120; deed of Robert L.-Smith dated June 18, 1965, recorded with said Deeds, Book 5292, Page 183; deed of Boston and Main Corporation dated February 10, 1967, recorded with said Deeds, Book 5452, Page 111; Certificate of Title No. 37399 issued to the Trustees of said Trust by Essex South Registry of Deeds. It should be noted that the within restriction does not encompass that port-ion ofthe 5..4-4 acres -+--as is comprised of registered land. See Certificate of Title as cited & Plan No. : 11241-A filed with Certificate No. :6047 Excepting therefrom Lot 4 as shown on a plan entitled, "Plan of Land in Salem, Mass. , Prepared for Blubber Hollow Realty Trust" Scale: 1" = 10 ' , dated March 4, 1982, Essex Survey Service, Inc. , 47 Federal Street, Salem, MA and recorded with the Essex South District Registry of Deeds in Plan Book 194, Plan 54 but meaning and intending to include Lot 3 as shown on said plan. See also Deed from James G. Tournas and Eva Tournas to Vance M. Smith, Robert L. Smith, Dominic Meo, Jr. , R. Dana Pierce and Jack D. Cook, Trustees of Blubber Hollow Realty Trust, dated January 31, 1985 and recorded with the Essex South District Registry of Deeds in Book 7654, Page 026. See also deed of said Lot #4 recorded with the Essex South District Registry of Deeds Book 7654, Page 028. s _ BITUMINOUS.ASPHALT GM - RESTRICTED AREA aaaa srs __.-....}.:::'.cd'::':::::::::::...:.:::id.p94T E:^:: .......__...:._........._......_S1+'Y.__._.:?.e:: .�.::.�: :c:::[�.:'•:-'i-::' s/ IIX-- . ..... .. .. . _............ ....... :F.T::J: :J:S ....... .. i13f..."..............."..".........:1::.:._i.:c.............. �::'':::5.�:.�:Y...., ..............__..........-...........-............_...... Snv'iCi .."....-.S QII,'tS c.P.c:.c.I .."�_-. ....................-.............. �BUILDING 59 � � ARRETT. -I�_�..,aa,r.•:�-., as ,za. E Mort — �... �Ac�evmNG OFFT Ge t � �-��'°� — .•_-.•� River � — BUILDING ... .-....._ C —C ........... is : RMSHING DU�jNG FORLLER -::::.-Y,..:nv.M• s xste E ...... .............. ...... am _ SV LFONA n sear BU1LOtNG .................. Y CP •2": e '`'' ... -!.. 9riiMiNdiS`A57H' " 1 :............: :';:- S-`:v-r::`RESSRiCTED .d:>sxx :=:i:...................A........:-.....:..-:.:::: COQP(RAGE ............r;;k' : ::::a.. ?ROOM . . . :=...:.:. :.: ,,. ,.•,*� to .. e`er Y SUL ONATt(,y{�'^ wn, ^'^TYnwww. WAREHOUSE I tExlsY,faraas eun oaavrtws Enw C £ ,1fE faeF.rom lmwawifoyEs 1fE THE famlwr OF cams F I I I 1 LJRESTRICTED EXHIBIT B-1 — AREAS OF THE M FV2M USE CN LY Lu DISPOSAL SITE L ,� � t,� � SALEM OIL & GREASE L 40 h Swx As sn eyEO Enrt xsmMn I.W l..W a W +-CAUA�MA, �7M M'«M 60 Grove Street Salem, Massachusetts Rya1r!F SaMm p ar3 Gine tbfpvtY a W a�`Y..ss w�u.eeT.»�.fe.maro 4 4 }GR�EPMC sc t t aa 1 r..a a E. ...� 3 5 0 120 RLa L fty ai SOi Sd. w.aeEe.tte+mwL W-hbg� mom Ifefi ss0.�,fpp{ -9+E11 eft RLE/n7-Y4