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207 HIGHLAND AVENUE - BUILDING INSPECTION x207 Highland Ave. M i I vr . ec�roleum )j: Southern Petroleum Inc. P.O. Box 803 Somerset, KY 42502 606-678-5127 606-679-8223 (f) southernn a snetroleuun.net May 25, 2016 City of Salem Public Property Department 120 Washington Street Salem,Massachusetts 01.970 Via Facsimile : 978-740-9846 RE; 207 Highland.Avenue Dear Mr, Pierre: We are in receipt of the Notice of Unsafe Condition for the above reference property owned by our subsidiary, Southern Enterprises, LLC. Please find attached the proposed remedial actions for the damaged remedial wall. This wall was damaged when a third party's vehicle struck it. It is our intention for work to begin on the wall as soon as possible. Should you have any further questions,please contact me at the above. Sincer 7ere y A. }3 ley Gc eral o Quality Service Integrity by V GuNf0 VALERO' M1°pg71Oq 1 of CITY OF SALEM * PUBLIC PROPERTY DEPARTMENT KIMBERLEY nRTSLOt7, MAYOR 120 WASHINGTON STRM r 4 SALEM,MASSAaMSEM 01970 TEL 978-745.9595•FAX:978-740-9846 Notice of Unsafe Condition 207 Highland Avenue May 18,2016. Southern Enterprises, LLC 605 South Main Street Somerset, Kentucky 42501 RE: 207 Highland.Avenue—Retaining Wall Failure Dear Property Owner Our office received a complaint regarding your property located at 207 Highland Avenue of a large piece of the top of your retaining wall that collapsed onto the public sidewalk. A piece of the wall was brought to our office and a visual inspection of your retaining wall was done and your property is in violation of the Massachusetts State Building Code. The collapsed portion of the retaining wall fronting on Highland Avenue nearest First Street is in need of repair immediately as it poses a risk to Public Safety. A letter or drawing from a licensed Massachusetts Structural Engineer is required by this Department to assess the condition of the fagade and or provide any corrections that are required. Under the provisions of Massachusetts State Building Code(780 CMR Section 1.16, 780 CMR Section 107.6.2 and Massachusetts General Law's Chapter 143) You are hereby ordered to contact this immediately upon receipt of this letter and to begin to rectify these conditions within immediately upon review of the Engineer. Failure to do so may result in further actions being brought against you,up to and including the issuance of Municipal tickets or filing of criminal complaints at District Court.You have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you have any questions regarding this letter,please contact the Building Inspectors Office at (978) 619-5640. Respectfully, r4o—,A-�— Building Thomas St. Pienrc Commissioner/Zoning Enforcement Officer Cc: file Northshore Landscape & Sealcoating LLC Page NO. of 6 crane ave Peabody, Ma 01960 (978) 304-7364 (Office) www.northshorelandsca peandsealcoating.com PROPOSAL PROPOSAL SUBMITTED To TODAY'S DATE DATE OF MANS/PAGE a5 Southern Enter rises 2/18116 PHONE NUMBER FAX NUMBER TDB NAME ADDRESS,CITY,STATE,ZIP ]Oe LOCATION 207 MI Mand ave Salem Ma 01970 We propose hereby to furnish material and labor necessary for the completion of: Repair retaining wall which was damaged as the result of a car accident Note: A representative for property owner must meet Contractor to sign off and agrees on which retaining walls are included and excluded in this bid prior to start of project. Note: It should be noted current state of this wall In our opinion is in very poor condition. It Is our opinion that the current state of this wall is a huge hazard to pedestrians walking along city sidewalk. A 15 foot section of the wall upon initial assessment was found to be destroyed as the result of a car accident. It should also be noted that there is at least another 30 foot section which Is leaning dramatically and could come down at any time. We propose hereby to furnish material and labor-complete In accordance with above specifications for the sum of: Fifteen thousand................................. ... xxx dollars ( $ 15 000.00) Payment as follows: 113 upfront, 1/3 when a ui ment arrives 113 a on completion. All material IS guaranteed to he BS SpaGfled. All work to be gMllpleaed In a Subbtantlal workmanlike manner according to spednca[kms submlaed,per standem P dctIM& Any alteration or deviation from above 9MClaeatlanc InvalNng extra cant wnl be executed Only upon written ardB>;,and arniwill become,Pen St extra charge over ano above the estimate. All agreements contingent upon strikes,attldentS or delays beyond aur central. owner to carry Pro,tornado and other necessary Insurance. Our workers are Fully covered by workmen's Compensation In9unince, If el"r party carrunances legal action to enforce its rights Nnuant to this agreement,the prevailing party In said legal action Shall be entitled in recover Its reasonable attomey'9 reel and costs of litigation relating to sold legal action,as determined by a court of competbrtiurlsdlNon. Authorised - Note: this proposal may be withdrawn by us Signature Philip Lohnes If not accepted within 30 days. OPOSAL The above prices,speclFlcatlofLs and Slgndture condctory and are hereby accepted, You are authorized LOACCEPT4NCE dodlFletl.payment will be made as outlinedabove. Signature Data of Acceptance INVOICE NORTHSHORE LANDSCAPE DATE. April 20,2016 SEALCOATING INVOICE# 923 6 Crane ave A 0.� FOR: Wall repair deposit Peabody, Ma 01960 BILL. TO. Southern enterprises 978-304-7364 6/ ,50%deposit on front rat2iningwall repair. $ 7.500,00 ........... WVVIN.NORTHSHO .......... ........... REL—ANDSCAPEAND-SEALC-OATINO,com SUBTOTAL rAX RA TC Make all checks payable to Northshore Landscape If you have any SALE$ TAX questions COnCerring this involve,COMtact Phil Lohnes,978.304.7384 THANK YOU FOR YOUR BUSINESstTOTAJL ..--77. i .�. is , - J Claims Processing-Amica scan center P.O. Box 9690 Providence,RI 02940-9690 No. of pages including cover: Date: April 4, 2016 To: Darian 7ones/S Petroleum Subject: Estimate/Appmisal for Wall Repair From: Patricia G Parker If this transmission,is incomplete or the clarity is unacceptable, Please call 800-592-6422 x47043 Visit our Web Site at www.amica.com William Reynolds Associates P.O.Box 752 Nashua,NH 03061-0752 Mobile(603)198.6114 Fax:(603)38&7977 Email:W@rtynoldsadjurms.com insured: Uyi Edo Home: 978.394,8084 Property: 59 Sheridan St Lynn,MA 01902 Home: 59 Sheridan St Lyme,MA 0,1902 Claim Rep.: Gail Mcrcicr Company: William Reynolds Associates Claimant: Southern Pekvlcum Business: 606-678.5127 Business: 207 Highland Avenue Salem,MA 01970 Estimator. Gail Mercier Company: William Reynolds Associates Claim Number! 60002375133 Polley Number.4702061242 Type of Loss: Other Price List: MA.MX MAR16 RestoratioNSmfeelRemodel Estimate: UYI EDO William Reynolds Associates P.0.11ox 752 Nashua,NH 03061-0752 Mobile(603)498-6114 Fax:(603)386-7977 &sail:gail@rMoldsadjusters.cmn U UYI�EDO YF FDO DESCRIPTION QUANTITY UNIT PRICE TAX RCV DEPREC. ACV 1. Masonry(Bid Item)Rebuild Stone Wali 41v NO, 50.00 LF 160.00 0.00 8,000.00 (0.00) 8,000,00 2. Mason-Brick I Stone-perhonr Disnmatei Failed 25.40 FBt 71.00 0.00 1,803.40 ((L00) 1,803.40 Wall Section` 4. Dumlm er load-Approx.20 yards,4 tons of debris LOOFA 540.00 0.00 540.00 (0.00) 540.00 TOW: UTI EDO 0.00 10"AD 0.00 10,343AO Line Item TaInIr UYI EDO 0.00 10,343.40 0.00 10,343.40 UYI EDO 3/28/2016 Page:2 William Reynolds Associates P.O.Box 752 Nashua,NH 03061-0752 Mobile(603)498.6114 Fax:(603)386-7977 Small:gail@mynoldsadjustm.com Sammary for Property Immage Line Item Total 10,343.40 Replacement Coat Value $10,343.40 Net Claim $10,943A0 Gail McMa AYI EDO 3/28/2016 Page:3 With=Reynolds LOSS REPORT Associates P.O.Sox 752 Final Nashua,NII 03061-0752 Mobile(603)0.98.6114 Fax:(603)386-7977 Email: sail@reyooldsadjustera. com Refcrcnce: Report#:] Catastrophe Number. Policy Number:4702061242 Attention: Veronica George Claim Number:60002375133 Insured: Uyi Edo Date of Loss:2/5/2016 59 Sheridan St. Type of Loss:other Lytm,MA 01902 File Number: 16030203 ENCLOSURES: Estimate,Statement of Loss,Replacement Cost Report,Sill for Services,Photos(5) COVERAGE: Property Damage $100,000.00 Eff.Dates: From: To: Mortgagee: Deductible: $0.00 Co-los.Policy: Yes © No Forms: ORIGIN Vehicle struck atone watt. ADJUSTMENT We were asked to provide an evaluation for damages to a stone wall caused by our insured.Initially we were supplied the wrong address(the insured's address)we went out and figured out it was the wrong address.We then followed up for the correct address and viewed the damages.We attempted to reach an agreed figured with the contractor that wrote the claimant's estimate. That estimate was for replacing the entire stone wall with a different type of wal I.We tided to establish a lintel footage cost with the contractor but he could not provide specifics and the estimate that they provided were not rhe same�rrality and materials ae is currently there. We cornacoed another local meson who was familiar with thewall--Thomi>sort and Crowley Masonry put of Lynn Ma They load cotrrpleted previous repairs on this very same Walt.They said it hos ongoing issues and the entire wall needs to be replaced They provided us with a lineal footage cost and we have estimated approximakcly 501f of the wall was 1lamagal due to the vehicle sinks.We have evaluated tbis area of damage W outlined in this report. Please note we have not provided this evaluation to the claimant. STATEMENT OF LOSS: Item RCV Dep ACV Limit Property Damage $10,343.40 $2,640.00 $7,703A0 $7,703.40 TOTALS $10,343.40 $2,640.00 $7,703.40 Deductible 0.00 Less prior Payments $0.00 Claim Payable $7,703.40 Due Insured $7,703.40 Recoverable Depreciation Totals: 4,00 Non-Recoverable Depreciation Totals: $2 640.00 Net Claim Witbout Rec.Depreciation: $7.703.40 RECOMMMA.77ONS: We recommend paymont to the claiamnt of$7,703.40- Our fila is closed and we thank you for this assipmeta- 3/28/2016 a"Mercier Doe William Reynolds Assodates P,O.Box 752 Nashua,NH 03061-0752 Mobile(603)198-6114 Pax:(603)386-7977 Email:9&0@wfnoldoadiuMm.com 1 1 Date Taken:3!10!2016 Taken By:Gail Mercier G acral condition of stow wall .::,.:,,r....... 2 2 Dam Taken:3110/2016 { Taken By:Gail Mercier ! Ares of wall hit by ve4jel6, UYI_EDO 3/28/21116 Page:4 WiAlam Reynolds Associates P.o.Box 752 Nashua,NU 03061-0752 Mobile(603)498-6114 Fam(603)386-7977 Email•Bail reynoldsadjustera.cam 3 3 llAi JPI . ry� Date Taken;3!1012016 i r Taken By;Gail Mercier � y Arco of wall snuck by vehicle. 4 4 Date Taken:3/10/2016 Taken By:Gail Mercier Area of wall shuck by vehicle. p,, ,a . Vi�p.J IY UY[_EDo 3/28/2016 Page:5 William Reynolds Associates P.O.Bax 752 Nashua,NK 03061-0752 Mobile(603)498-6114 Fax:(603)386-7977 Email:pil@Myno[cLgadjuftm.com 5 5 Date Taken:3/10/2016 Taken By:Gail Mercier 6 6 Date Taken:3/10/2016 Taken By:Gail Mercier x' Overall condition of wall. Leaning-- not part of the vehicle hit. pr -nftisihng condition •,�,,,W v r n UY1—EDO 3/28/2016 Page:6 WWam Reynolds Associates P.O.Box 752 Nashua,NH 03061-0752 Mobile(603)498.6114 Fax:(603)386-7977 Email:gail@reynoldsadjustemcom 7 7 I' Date Takon:3/10/2016 Taken By:Gail Mercier Gmaralcondition ofwall, 8 Date Takm:3/10/2016 Taken By:Gail Memier 6l Close up ofpart of wall that was hit UY1 P,DO 3/28/201.6 Page:7 William Reynolds Associates P.O.Box 752 Nashua,NH 03061-0752 Mobile(603)}99-6114 Fax:(603)38&7977 Email:gail@rcynousadjustera,corn 9 9 Date Taken:3/10/2016 Taken By:Gail Mercier General condition of WaIL --------- - 10 10 Date Taken:3/10/2016 Taken By:Gail Merck Overcall shot of wells and damage. .... ...... UYI—EDO 3128/2016 Page:8 William Reynolds Associates P.O.Box 752 Naab=,NH 03061-0752 Mobile(603)498-6114 Fax:(603)386-7977 Bmail:gail@reynoldsadjvstera.com 1l 11 Date Taken:3/10/2016 Taken By:Gail Mercier Area of wall bit by vehicle. 12 12 Date Taken:3110/2016 . Taken By:Gail Mercier Conuhtiono£ttaaaiaingVail. , , UXI_BDO 3/26/2016 pager.9 William Reynolds Associates P.O.Box 752 Nashua,NH 03061-0752 Mobile(603)498-6114 Fax:(603)386-7977 Email:gail@reynolds4usteca.com. 13 13 �.._.._._. T Dam Taken-3/10/2016 Taken By:Gail Mercier `— Gomml condition of wall. 14 14 Ante Taken:3/10/2016 ' Taken By:Gail Mmier Cteactal condition of wall. i UXI EDO 3/28/2016 Page: 10 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMaERLEY ORISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦FAX:978-740-9846 Notice of Unsafe Condition 207 Highland Avenue May 18, 2016 Southern Enterprises, LLC 605 South Main Street Somerset, Kentucky 42501 RE: 207 Highland Avenue—Retaining Wall Failure Dear Property Owner Our office received a complaint regarding your property located at 207 Highland Avenue of a large piece of the top of your retaining wall that collapsed onto the public sidewalk. A piece of the wall was brought to our office and a visual inspection of your retaining wall was done and your property is in violation of the Massachusetts State Building Code. The collapsed portion of the retaining wall fronting on Highland Avenue nearest First Street is in need of repair immediately as it poses a risk to Public Safety. A letter or drawing from a licensed Massachusetts Structural Engineer is required by this Department to assess the condition of the facade and or provide any corrections that are required. Under the provisions of Massachusetts State Building Code(780 CMR Section 116, 780 CMR Section 107.6.2 and Massachusetts General Law's Chapter 143) You are hereby ordered to contact this immediately upon receipt of this letter and to begin to rectify these conditions within immediately upon review of the Engineer. Failure to do so may result in further actions being brought against you, up to and including the issuance of Municipal tickets or filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 619-5640. Respectfully, Thomas St. Pierre Building Commissioner/Zoning Enforcement Officer Cc: file $A.CONDITq;s� � .. CITY OF SALEM MASSACHUSETTS -.� BOARD OF APPEAL 2 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 070 rN*7 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 x'^ 'o MAYOR am N7 M� V kSeptember 2, 2015 ? � � N Decision > _ City of Salem Board of Appeals Petition of SALEM NORTHEAST DIALYSIS CENTER (DAVITA DIALYSIS COMPANY) seeking a special permit from the provisions of Sec. 3.1.2 Special Permit: Zoning Board of Appeals and Sec. 9.4 Special Permits to allow a medical clinic (dialysis center) for a portion of the property and a special permit from the provisions of Sec. 5.1.7 Shared Parking of the Salem Zoning Ordinance,to allow for shared on-site parking with other tenants at the property of 207 HIGHLAND AVENUE (Map 13 Lot 2)(B2 Zoning District). A public hearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, 4 11 and closed on this date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice- Chair),Jimmy Tsitsinos,Tom Watkins,Mike Duffy,Paul Viccica (alternate). The petitioner seeks a special permit per Sec. 3.1.2 Special Permit: Zoning Board of Appeals and a special permit per Sec. 5.1.7 Shared Parking. Statements of fact: 1. In the petition date-stamped July 22, 2015 the Petitioner requested a special permit from the provisions of Sec. 3.1.2 Special Permit: Zoning Board of Appeals and Sec. 9.4 Special Permits to allow a medical clinic (dialysis center) for a portion of the property and a special permit from the provisions of Sec. 5.1.7 Shared Parking of the Salem Zoning Ordinance, to allow for shared on-site parking with other tenants. 2. Attorney Quinn presented the petition on behalf of the applicant Salem Northeast Dialysis Center (Davita Dialysis Company). 3. The petitioner proposes to occupy a vacant portion of a building that is shared with East Gate Christian Fellowship and Joseph's Storehouse food pantry. 4. The petitioner requests a special permit for a medical dialysis clinic to operate a dialysis center only. 5. There are substantial structural upgrades proposed to the building to serve the medical dialysis clinic. 6. The medical dialysis clinic will serve twenty-two (22) patients and staff four (4) professional staff and tem(10) additional employees. 7. The site was previously used as a car dealership and has 156 on-site parking spaces. 8. The petitioner requests a special permit to allow shared on-site parking spaces. The medical dialysis clinic facility will have seventeen (17) reserved exclusive spaces to meet the required number of spaces for professional staff and employees and twenty-three (23) shared parking spaces for patients. 9. The proposed hours of operation for the medical dialysis clinic are Monday-Saturday 5am to 8pm except when there are holidays or snow days to allow the clinic to operate on Sunday from 5am to 8pm. r � ' City of Salem Board of Appeals September 2,2015 Project:207 Highland Ave. Page 2 of 3 10. The requested relief, if granted, would allow the Petitioner to operate a medical dialysis clinic and to allow shared on-site parking. 11. At the public hearings one (1) member spoke in favor and no (0) members spoke in opposition to the � proposal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permit: The Board finds that medical dialysis clinic is not more substantially detrimental than the existing vacant commercial space previously used as a car dealership. 1. iThere are significant social, economic and community needs served by this proposal. 2. Traffic flow and safety, including parking and loading are adequate to serve the site as there are seventeen (17) reserved spaces for professional staff and employees and twenty-three (23) shared parking spaces in a parking lot with 156 total parking spaces for the church, food pantry and medical dialysis clinic and the entrance and exit to the facility will be well marked as recommended by police safety to address flow and safety concerns with access points on Highland Avenue. 3. Utilities and other public services are existing and adequate. 4. There are no impacts on the natural environment, including drainage as the site is entirely paved and no new site changes are proposed. 5. No negative impacts on the neighborhood character. 6. The potential fiscal impact, including impact on the City tax base and employment are positive as a portion of this commercial property has been vacant for over ten (10) years. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Tom Watkins, Mike Duffy, Paul Viccica (alternate) and none (0) opposed, to grant variances per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance for relief from rear and side-yard setbacks, minimum lot area per dwelling unit and minimum lot area to construct a rear addition subject to the following eight (S) standard terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. n u City of Salem Board of Appeals September 2,2015 Project:207 Highland Ave. Page 3 of 3 7. A Certificate of Inspection shall be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Conditions: 1. The petitioner will work with the Salem Police Department traffic division for approval of any required signage at the entrance and exit of the property off of Highland Ave. 2., Hours of operation are Monday through Saturday 5am to 8pm except for holidays and snow days where the clinic,will be open on Sunday from 5am to 8pm. 3. The medical clinic will be used as a dialysis center only. Rebecca Curran, Chair Board of Appeals t A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this dechion,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fik'ng of this derision in the office of the City Ckrk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted penin shall not take effect until a copy of the decision bearing the certificate of the City Ckrk has been filed with the Essex South Registry of Deeds. t T.S. ALVING AND ASSOCIATES, INC. 166 WINTER STREET HOPKINTON, MASSACHUSETTS 01748 (508) 435-3679 —talving@verizon.net 13 September 2011 CITY OF SALEM INSPECTIONAL SERVICES DEPARTMENT 120 Washington Street 3`d Floor Salem, MA 01970 ATT: Thomas J. St. Pierre, Inspectional Services Director RE: Submission of MassDEP Public Involvement Notification lice of Activity and Use Limitation P erty at 207 Highland Avenue SALEM- MassDEP RTN3TZ517 Dear Mr. St. Pierre, In accordance with Section 310 CMR 40.1403(7)(a) of the Massachusetts Contingency Plan (MCP), this notification letter is submitted by T.S. Alving and Associates, Inc. (TSAA) on behalf of Hillcrest Realty Trust II, former owner of the property at 207 Highland Avenue in Salem, Massachusetts, the former Hillcrest Chevrolet property, and a Potentially Responsible Party under the MCP. This letter is submitted to your office as both the Building Code Enforcement Official and the Zoning code enforcement official for the City of Salem, Massachusetts. The purpose of this document is the following: 1. To inform your office of the filing of a Termination of an Activity and Use Limitation (AUL) for the 207 Highland Avenue property. The purpose of the AUL that had previously been implemented on this property was to establish permitted activities, prohibited activities, and obligations for current and future owners of the property, relative to the presence of residual petroleum contamination in subsurface soils and groundwater. Since April 2011, we have conducted environmental response actions on the property in accordance with the MCP, including re-assessment of the previously documented conditions, as well as assessment and remediation of conditions associated with the removal of hydraulic lifts in the same general area of the Site. As a result of this work, we have documented current conditions on the property where the use limitations outlined in the AUL are no longer required in order to achieve a Condition of No Significant Risk under the MCP. We prepared and submitted a report entitled "Submittal of an Immediate Response Action Completion Statement and Revised I I City of Salem Inspectional Services Department 13 September 2011 Page 2 Response Action Outcome Statement at 207 Highland Avenue, Salem, Massachusetts RTNS 3-12517 & 3-30004" on 9 September 2011 documenting our work. The report may be reviewed by logging onto the MassDEP's website at: littp://db.state.ma.tis/dep/cleanup/sites/search.asp and typing in RTN 3-12517. You will be directed to a file viewer, where you can download a copy of this report, and other recently submitted documents. In accordance with regulation, a copy of the recorded AUL is attached to this letter for your reference and filing. You should also be aware that a Legal Notice pertaining to the Termination of AUL will appear on Wednesday, September 21, 2011 in the Salem News. Should you have any questions or concerns relative to this matter, you may contact Todd S. Alving of TSAA, @ (508) 435-3679. Respectfully, T.S. ALVING AND ASSOCIATES, INC. Todd S. Alving, PG, LSP#4026 Engineering Geologist c: file O. Humbert, Hillcrest Realty Trust 11 City of Salem Mayor's Office City of Salem Board of Health MADEP File #3-26515 C:ADocunrents and SettingsUodd AlvingWy DocumentsVOBS\207 Highland Avenue SalemVPIP DocumentationASalem Zoning and Building Code Entorcement PIP Letter I.doc J1 2011090900342 Bk 30646 P9199 09!09/2011 82:18 TRMN P9 1/9 Form 1084B TERMINATION OF NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E, § 6 and 310 CMR 40.0000 (3 10 CMR 40.1083(])(a)) Disposal Site Name: Hillcrest Chevrolet, 207 Highland Avenue, Salem, Massachusetts DEP Release Tracking No.3-12517 WHEREAS, a Notice of Activity and Use Limitation has been registered with the Land Registration Office of the Southern Essex Registry District in as Document No.363833 as amended by Amendment to a Notice of Activity and Use Limitation dated 1/11/2007, recorded with the South Essex Registry of Deeds in Book 26469, Page 221, and filed with the Southern Essex Registry District of the Land Court as Document No.475380 (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain land situated in Salem, Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof ("Property"); WHEREAS, said limitations are consistent with the terms of an Activity and Use Limitation Opinion ("AUL Opinion") dated 1/10/2007, signed and sealed by Carl Shapiro, holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to M.G.L. c. 21 A, §§ 19 through 197 (the holder being referred to as "LSP") attached to said Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to maintain at the Property a condition of No Significant Risk (said conditions and terms being defined in 310 CMR 40.0000); and WHEREAS, the undersigned, Todd S. Alving, being an LSP, has issued an AUL Opinion in accordance with the MCP , dated 8/6/2011, a copy of which is attached hereto as Exhibit B and made a part hereof. Said AUL Opinion states that the limitations on activities and uses, conditions and obligations set forth in said Notice are no longer necessary to maintain a condition of No Significant Risk to health, safety, public welfare or the environment at the Property, and accordingly, said Notice may be terminated; 1 52213421 III/III(84SIIIIIII BI tah .295179 Southern Essex District Registry 9/09/2011 02:82 PM TRMN Pg: 119 NOW, THEREFORE, as the limitations on activities and uses, conditions and obligations set forth in said Notice are no longer necessary to meet the requirements of 310 CMR 40.0000 at the Properly, the undersigned, Southern Enterprises, LLC of Somerset (Town/City), Pulaski County, Kentucky (State), being the owner of said Property, hereby terminates said Notice. Southern Enterprises. LLC authorizes and consents to the riling and recordation/and or registration of this Termination of Notice of Activity and Use Limitation, said Termination to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this 71_ day of September, 2011. SOUTHERN ENTERPRISES, LLC Jon than Arnett, its authorized signatory STATE OF KENTUCKY PUlt4.5 j' ,ss On this 7719 day of September 2011, before me, the undersigned notary public, personally appeared Jonathan Arnett (name of document signer), proved to me through satisfactory evidence of identification, which were JaA/RIMa✓ to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he) (she) signed it voluntarily for its stated purpose. (as partner for a partnership) (as for a corporation) (as attorney in fact for the principal) (as authorized signatory for Southern Enterprises, LLC. Notary public n My commission expires: .,2�, f 0 Balance of this page intentionally left blank. Signature on following page. The undersigned LSP hereby certifies that [he][she] executed the AUL Opinion dated 8/6/2011, filed with DEP at its Northestt Regional Office under Release Tracking No.3-12517, attached hereto as Exhibit B and made a part hereof, and that this Termination of Notice of Activity and Use Lim' A ' istent with said AUL Opinion. Date: LI Todd S-iklv-ing Epl.7H Op4l. [LSP SEAL] syn s c° �oDNGr i Np.4026 ti F J�rF PROFE`'S` COMMONWEALTH OF MASSACHUSETTS ss On this mak'day of September, 2011, before me, the undersigned notary public, personally appeared Todd S. Alving (name of document signer), proved to me through satisfactory evidence of identification, which wereywN— 1 i cc A e , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that(he) (she)signed it voluntarily for its stated purpose. ` to ublic My commission expires: ala lladl � Upon recording, return to: Erica P.Bigelow,Esq. Rich May, a Professional Corporation 176 Federal Street Boston, MA 02110 3 LEGAL DESCRIPTION The land with the buildings and improvements thereon,known and numbered 207 Highland Ave., Salem,Essex County Massachusetts,and being further described as follows: Tract 1: Those parcels of land registered and described as Lot 9 and 10 on a plan entitled"Plan of Land,being a Subdivision of lots five and six shown on Land Court Plan Number 21246 D., Salem,Mass., dated June 30,2003,prepared by Harry R. Feldman, Inc.Land Surveyors,and filed with the Court in Boston as Plan Number 21246-E. Pe xrpp Tract 2: That certain parcel of land on the Southeast side of the Highland Ave. in Salem,Essex County, Massachusetts,being shown as Lot E. on a plan entitled "Hawthorne Commons II by H.W. Moore Associates,Inc.Engineers and Planners dated August 29, 2003"and recorded with the Essex South District Registry of Deeds in Plan Book 372,Plan 34. Being the premises conveyed to Southern Enterprises, LLC by a deed filed in the Registry District of the Land Court as Document No. 520354,creating Certificate of Title No. 84855, and recorded in book 30447,Page 007 EX-MBIT B ACTIVITY AND USE LBIIITATION OPINION Li accordance with the requirements of 310 CMR 40.1074, this Licensed Site Professional's (LSP's)Activity and Use Limitation Opinion(AULO) has been prepared by Todd Alving, (LSP 44026) of T.S. Alving and Associates, Inc. (TSAA) on behalf of our Client, Hillcrest Realty Trust E, the former owner of a parcel of land located at 207 Higlilaid Avenue, Salem, Massachusetts.Essex County,Massachusetts(the Site). This AULO supports the filing of a Revised Response Action Outcome (RAO) for the Site, wluch replaces a Class A-3 RAO filed with the Northeast Regional Office of the Massachusetts Department of Environmental Protection(MassDEP) in 1998, with a Class A-2 RAO,filed on 9 September 2011, filed with the sane office. Thus, in revising the RAO from Class A-3 to Class A-2, this AULO also supports the filing of a Termination of Activity and Use Limitation (TAUL). MassDEP has assigned Release Tracking Number (RTN) 3-12517 to response actions on the Site conducted in accordance with the requirements of the Massachusetts Contingency Plan (MCP, 310 CMR 40.0000). This AULO summarizes pertinent aspects of our recent investigations on the Site Neth respect to the implementation of a TAUL, untended to identify for f itu e owners and operators at the Site, the reasons why the provisions of a previously subirmted AUL in 1998, and then an Amended AUL in 2007, including their referenced Licensed Site Professional (LSP) Opinions, are no longer necessary, in order to ensure that a Condition of No Significant Risk as defined in the MCP is maintained. Site History and Previous Environmental Response Actions The Site has been the locus of commercial/industrial history, for at least 40 yeas. The Site fronts on Higlilaid Avenue and is a commercial parcel occupied by a single story,masonry and steel constructed automobile dealership building. Asphalt paved parking areas and minor landscaped areas occupy the balance of the property. The locus of activity associated with MCP response actions at the Site has been the impacts to soil, groundwater, and soil gas, related to historic automobile repair activities. The Site is no longer used for these purposes, and no sources of oil and/or hazardous materials related to automobile repair use remain. Undocumented, historic releases of waste oil and hydraulic oil, related to the presence of underground storage tai-Acs (USTs) and hydraulic vehicle lifts respectively, are believed to have occurred in the service area of this building. As a result, environmental media were impacted beneath an intact, asphalt paved parking lot area immediately outside the building, and areas beneath an intact,concrete slab-on-grade floor in the service area. The extent of these releases is confined to the 207 Highland Avenue property. During the period of 1995 through 1998, several phases of geoenvironmental investigation and remediation were conducted on the Site, including the initial assessment of subsurface conditions on the 207 Highland Avenue property, identification of petroleum contamination in soil and groundwater in the vicinity of the waste oil USTs, removal of die USTs, removal of petroleum-contaminated soil during the UST removal, further assessment of subsurface EXHIBIT C -ACTIVITY AND USE LIMITATION OPINION PAGE 6 September 2011 conditions in the vicinity of the former USTs,installation and maintenance of recovery wells for the purpose of recovering subsurface free-phase petroleum product, in-situ treatment of petroleum-contaminated soil and groundwater, ongoing chemical testing of soil and groundwater, and finally, filing of reports documenting conditions on the Site and closure of response action activities with a Class A-3 Response Action Outcome (RAO) in 1995. The Class A-3 RAO was supported by the filing of an Activity and Use Limitation (AUL) with the Southern Essex Registry District, institutionalizing certain permitted uses, restricted uses, and obligations for current and future owners of the property, with respect to the elevated levels of petroleum hydrocarbons which remained m subsurface soils following the above sununalized response actions. In docunents prepared in support of the 1995 Class A-3 RAO and the initial AUL filing, the previous investigator summarizes the results of chemical testing of soil and groundwater for petroleum hydrocarbons by the MassDEP Extractable Petroleum hydrocarbons (EPH) method, poly-cyclic aromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs). The AUL outlined certain permitted and prohibited future uses of the property, focusing on ensuring that soils beneath the concrete slab of the existing building not be disturbed or exposed, unless proper health and safety and soil management procedures under the supervision of a qualified environmental professional were employed. MassDEP completed a post-AUL audit of the above referenced response actions and filings, and in 2004, as a result of MassDEPs review, an Amendment to the AUL was filed. In response to MassDEP's Audit continents, the amended AUL included more specific language regarding further permitted and prohibited uses of the Site, and obligations and conditions of current and future use of the Site. The LSP (Carl Shapiro) outlined conditions similar to those specified in the 1995 AUL, and added language prohibiting use of the Site where children were present, such as residential, school, daycare, or recreational uses. Cut-rent Review of Conditions In April, we were asked to review conditions on the Site on behalf of the then current owner (Hillcrest Realty Trust II) as well as the then future owner of the property. The future owner proposed future use of the property which would include a church with related church school and daycare uses, where children would be present on the property. Given these potential future uses, we reviewed all readily available records of past environmental response actions, and identified the following issues which would need to be resolved m order to eventually prepare and file a Revised RAO,removing the use restrictions inconsistent with planned property use: • Previous investigations did not investigate the presence of contaminants which would reasonably be present where a waste oil release had occurred. Specifically, the presence of RCRA metals and PCBs would need to be mvestigated. • Subsurface conditions in areas outside the building footprint, specifically "potentially accessible" soils located beneath the intact asphalt-paved parking area in the general EXHIBIT C-ACTIVITY AND USE LIMITATION OPINION PAGES 6 September 2011 vicinity of the former waste oil USTs required fiuther investigation. 'Miere children would be present,these soils are considered a potential exposure point. • Finally, the presence of elevated petroleum hydrocarbons in soil and groundwater beneath the intact, concrete slab of the existing building represent a potential source of soil gas and thus,potential indoor air exposure. In the previous reports, the building was occupied by adult workers involved with the automobile repair industry, in a building with large overhead doors which allowed for significant indoor air turnover and thus. these exposures were assessed with that use in mind. Under the proposed property use scenario, the building would be closed up and children would be present. Thus, further assessment of this potential exposure pathway was required. During the period between April and August 2011, we conducted re-assessment of the Site.This work included subsurface investigation of soil mid groundwater conditions both inside and outside the existing buildung, and assessment of soil gas conditions. Initial assessment indicated that current Site conditions would be supportive of the removal of AUL restrictions cited above. Soil, groundwater, and soil gas chemical testing documented conditions consistent with MCP definitions of"unrestricted"future use of the property. During the course of this work, we also discovered an unrelated condition associated with the presence of abandoned hydraulic lifts beneath the concrete slab, and isolated free-phase hydraulic oil associated with these lifts, in a small sub-area of the overall Site. An Immediate Response Action (IRA) was conducted to address this condition, including the removal of all lifts and related equipment, as well as impacted soils and groundwater impacted by the hydraulic oil. Subsequent to die completion of die IRA, conditions supporting the fling of an IRA Completion Statement are present on the Site. Following completion of the IRA, final assessment of both the historic waste oil and newly- discovered hydraulic oil releases was conducted, and a Method 2 Risk Characterization was completed. As a result, we determined that current conditions associated with both releases represented a Condition of No Significant Risk, that this conclusion does not rely on the institutionalize restriction to future property use, that the 2 releases could be "linked" together for the purpose of management wider tie guidelines of the MCP, and that a Revised RAO can be filed. This AULD supports the filing of a Revised Class A-2 RAO, and die Termination of the 1998/2004 AUL. Documentation supporting this AULD and RAO filing can be found by contacting MassDEP at : , ;enlller,;tlne;weUsite; �„.; httti/L nun mas5:eov/den/- ,,,sand Reviewing the Searchabte Sites Database for RTNs 3-12517 aid ?00004, EXHIBIT C -ACTIVITY AND USE LIMITATION OPINION PAGE 4 6 September 2011 or contacting the Northeast Regional Office of MassDEP at the fallowing address: MassDEP-NERO 205B Lowell Street Wilmington,MA 01587 (978) 694-3200 and malting an appointment to review Publically Available Piles for these RTNs. We trust the above and attached will prove sufficient in your evaluation and management of response actions related to the implementation of Termination of an Activity and Use Limitation at the conmrercial property at 207 Highland Avenue in Salem, Massachusetts. If you have any questions or require additional information, please contact the Undersigned. Respectfully, T.S. ALV ASSOCIATES, INC. h �oSSE��i H OF4f4 sT s u- TO n Todd S. Alving, L:SP v OO S, Engineering Geologist n NO�INC m 4026 y Cc: file Nas�TF q��55ho�P C':\Doeumenls nnJ Sell'wes1I'nJJ AlvingWy Oocument5\10DRD7 I ie Jun lvenue Snlem\AUL Docs\LSP OpinioaJnc mel 6 r'onzn�� Vzoniae�a1M1,,o L///lwsac t& /kme 3 3cJEC/`GL(�/�/ L1GP/ /?Pn2/7?072CU�aLt�l �f cA,7t&Ao'i e, �O-J'tOfL� ✓/L2SJ'CLf�CGSELId� 02130 William Francis Galvin secretary of the III IIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIVIII III Commonwealth September 7,2011 2011090900341 BOOM Pg;591 O9/09/2D71 02:16 LLC P9 111 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of registration of a Foreign Limited Liability Company was filed in this office by SOUTHERN ENTERPRISES LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on May 18,2011. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports;that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: NONE I further certify that the name of persons authorized to act with respect to real property instruments listed in the most recent filings are: JONATHAN ARNETT O22841 IIIIIIIIIIIIIIIIlfiIIIIIII 51.296179 Essex(84865)District 1 5 9/09/201102:02 PMLLC Peg 1/2Y In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. l?'9, Secretary of the Commonwealth Procqg5ed 13yTAA,�� ---- . _.__..- Certificate No: 763-11 Building Permit No.: 763-11 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical permits This is to Certify that the CHURCH located at Dwelling Type 20.7 HIGHLAND in the CITY OF SALEM Address.. . .- - .._. AVENUE,. _.- -__.. ....-._.. - _-. Town/City Name - i � IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 207 HIGHLAND AVENUE EAST GATE CHRISTIAN FELLOWSHIP I This permit is granted inconformity with the Statutes and oedinances relating thereto, and � expires unless sooner suspended or revoked. Expiration Date i Issued On: Thu Sep I, 2011 -- ---- GeoTMS®2011 Des Launers Municipal solutions,inc, VEbersole Construction www.ebersoleconstruction.com Salem,Ma 978 790 4095 June 20,2011 —� 207 Highland Ave Salem,MA NOTE: Payments made are in bold. Requested payments are underlined. I have combined a list of requested checks that will be needed starting Tuesday June 21 th (masons and new HVAC) with other checks that will be needed within 1 to 1.5 weeks, as rough inspections are signed. At the end of the bid I have listed a total of requested checks to be overnighted to 87 Flint St. Salem MA 01970 I am meeting with these two subs Tuesday at 3:30 and need to provide them checks to start. As you work thru this bid, I have marked in italics all items that are new and need your immediate attention. This document is a compilation of all phases of construction with pricing necessary to achieve the new proposed design for East Gate Christian Fellowship at Hillcrest as shown in the submitted plans from R Rumpf& Associates. The scope.of the work listed below.also includes work necessary to make improvements to the building as requested. Andre Ebersole-c/o Ebersole Construction will pull the permit and serve.as-the.general contractor for all work relating to this project. A general contracting fee of 10%will be accessed to all work listed below pertaining to the owner of the building. Along with this document, I will provide documentation on competing and winning bids on-each phase.of.construction, listing in detail what each sub proposes as part of his contract. Ebersole Construction will.receive bids,.award-and sign.contracts.and distribute checks written directly from the owners to the individual subs. Ebersole Construction will oversee and manage the progress of the project and report directly to the owners on a reoccurring basis. Ebersole Construction will provide all necessary carpentry/demo work needed to facilitate the subs work as listed below. This same contracting work will be done pro bono for the churches' portion of construction not listed.in-this bid. All issues arising will be immediately communicated from the subs to Andre Ebersole, who will in turn,if necessary present the owners with all applicable information, pricing and advice on .how to proceed. Ebersole Construction.proposes payment as follows: With each round of check requested from the owner, a 10% check for the total value of the checks being written on that day will be cut to Ebersole Construction. Checks will be requested every 1 to 2 weeks as they are needed. Proper documentation will follow the issuing of all checks. All payments made and received will be added to this working bid to show the progress of the project. Signatures and Date Andre Ebersole Date Owners Date Contract price $225,000 �oNDIP l CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 { 'fir } TELEPHONE: 978-745.9595 KIMBERLE Y. DRISCOLL FAX: 978-740-9846 MAYOR L.r! i ` ��• f�3 December 23, 2010 Decision City of Salenn Zoning Baud of Appeals Petition of C01NI (UNITY HEALTH CARE, INC. (owner) and HEALTH CARE RESOURCES, INC. (lessee), seeking a Special Permit for the operation of a medical clinic (methadone center) on the property located at 207 HIGHLAND AVENUE JB- 2 Zoning Districtl. A public hearing on the above Petition was opened on September 15, 2010 pursuant to Mass General Law Ch. 40A, 1 11. "fhc hc:u-in,, was continued to November 17, 2010 and December 15, 2010. The hearing was closed on December 15, 2010 with the following Zoning, Board of Appeals members present: Robin Stein, Rebecca Curran, Richard Dionne, Elizabeth Debski, James Tsitsinos (alternate), and Bonnie Belair(alternate). Petitioner seeks a Special Permit pursuant to Section 113.0 (B) of the City of salem Zoning Ordinances. Statements of fact: I. Attorney ,lohn R. Kcilty represented tine petitioner at the hearing. 2. In a petition date-stamped August 26, 2010, petitioner Conurtunity Health Care, Inc. (Operator) and Health Care Resources, Inc. (Lessee) requested a Special Permit under Section II 3.0 (B) of the Salem Zoning Ordinances to allow a medicA clinic within the Business Highway Zoning District. :. 'fhe petition states that the property is owned by Hillcrest Realty Trust 11 (Ralph Ccrun(1olo, I rus(cc), who submitted a letter with the petition authorizing Attorney Kcilty to cxecu(e the Special Permit on behalf of the petitioner. -t. The proposed medical clinic, a methadone center, is proposed to be located in a Portion of the vacant building that formerly housed an auto dealership at 207 1-lighland Avenue. No exterior construction is proposed. �. At the hc:u-in, on Septemher 15, 2010. nwnerous members of the public spoke in opposition to the proposal, citin , concerns about crime Ind traffic negatively mpacting the nearby residential nei�,hhorhoods. Other concerns arpresscd by members 01'I he public were the proximity of the facility to the nearby schools, potential d:mgers ofclients driving atter having received methadone doses, :Ind negative eflects on the area's economy if the center's presence discouraged pauuna,e of local businesses. b. ;\Iso at the September 15, 2010 hearing, one member of the public spoke in support of the petition, citing the need to provide treatment for drug addicts. 7. 111 response to resident comments, Board members requested additional information of the petitioner, including a traffic study, the Activity and Use Limitation and cleanup documentation for the property, and information demonstrating the need for a methadone clinic in Salem. Board members also said they wished to hear feedback from the Salem Police, Fire and School Departments. S. ""he hcau'ing was continued to November 17, 2010 and then to December 15, 2010. 9. Fifteen individuals acid/or households submitted letters to the Board in opposition to the project. 10. 'File Board received four letters in support of the project. 11. The Board received feedback on the plans from Lieutenant Erin Griffin, Fire Marshall, and Chief of Police Paul Tucker. The Board also received a traffic study completed by the applicant. 12. At the December 15, 2010 hearing, numerous members of the public again spoke in opposition to the proposal, including City Councillors Steven Pinto, Thomas Furey, Arthur Sargent, Robert McCarthy, Jean Pelletier, Jerry Ryan, Joint Ronan, and Paul Prevey. 13. At the December 15, 2010 hearing, the Board also reviewed information submitted by the petitioner documenting the number of people in Salem currently served by clinics on neighboring conmmunities. 1'11e Board of Appeal, after careful consideration of the evidence presented at the public hcarmg, and after thorough review of the plans and petition submitted, makes the Ibllowing findings: i. Hie Special Permit cannot be granted without substantial detriment to the surrounding neighborhood; while the need for it methadone clinic exists fur a small number of residents, this benefit does not outweigh the negative impacts that would be imposed on the adjacent residential area. Such negative impacts include greatly increased traffic on First Street and other local roadways. The Board specifically cited, as an example, the applicant's projection that 26% of the 300 expected clients would arrive during a morning peak hour of 7:30 to S:30, and during his time the projorled Homier of right-hand turns from Highland Avenue to First Street would gu liom 20 to 77 turns during weekday peak morning how's (7:.30 rq i a.m. to 5:30 a.m.). This represents more than triple the projected number oftln-ns in the no-build scenario. 'file Board noted that this specific increase, in addition to other increases in traffic on local roads, would pose a danger to pedestrian children walking to school, since the facility's peak hours would coincide with the opening hours of three schools in close proximity to the site. In addition to the increased traffic during peak holes, the Board was concerned that the remaining 74% ofthe facility's especte(I business, which vv'as expected to occur by 11 :00 a.m., would also pose uuflic problems on local roads. The Board also noted that parking would be problematic since such it large proportion of clients would be arriving around the same time. 2. The Board finds that the use would not be harmonious with the residential character of the adjacent neighborhood. 3. The Board also noted that the location on Highland Avenue would be better suited for retail and other business uses that would enhance the adjacent neighborhood and serve a greater number of residents. On the basis of the above findings and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit to allow a medical clinic in the Business Highway Zoning District is not granted. In consideration of the above, the Salem Board of Appeals voted 5-0 (Stein, Curran, Debski, Dionne and Tsitsinos) opposed to the petition. The petition is denied. Elizabeth Debski Salem Board of Appeals :\t oM til I IIIc D17('Is IoN IIAS BEEN PILIN)\V 1111 IIf I!I'I.ANN ING BDAND AND-1111:('11 ITIM Appcal lion, this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General La\vs ('hapten JOA, and shall be tiled within 20 days of tiling of this decision in the office of the City Clerk. 11111suanl to the Massachusetts General Laws Chapter JOA, Section 11, the Variance or Special Permit _ranted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has [)Cell filed witll the FSSCS South Regisu'y of t)eeds. WATSTONE Uering & Consulting, Inc. January 17, 2007 File No. 51124 City of Salem Office of the Building Commissioner 120 Washington Street Salem, Massachusetts 01970 Attention: Mr. Thomas J. St. Pierre RE: Public Notification of an Amendment to an Activity and Use Limitation 207 Highland Avenue Salem, Massachusetts RTN 3-12517 Dear Mr. St. Pierre: The purpose of this letter is to notify Salem City officials of the availability of an Amendment to an Activity and Use Limitation (AUL) filed with the Essex County Registry of Deeds on January 11, 2007 and the Massachusetts Department of Environmental Protection(MassDEP) on January 17, 2007. This written notification is intended to satisfy the public notification requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403(7). Mr. Carl Shapiro of Wheatstone Engineering & Consulting, Inc. (Wheatstone) is the Licensed Site Professional-of- Record for this site. The objective of the Amendment to the AUL relating to RTN 3-12517 was to clarify the area of AUL and define the uses permitted and restricted at the site. A copy of this submittal is included with this letter. If you have any questions,please feel free to call us at(781) 380-0600. Sincerely, Wheatstone (Ennggi�n�esering&Consulting, Inc. Carl Shapiro, LSP Principal Attachment: Amendment to Notice of Activity and Use Limitation cc: Massachusetts Department of Environmental Protection,Northeast Regional Office 220 Forbes RoadlSuite 405 Braintree, MA 02184-2715 tel (781) 380-0600 fax (781) 380-0601 +0115089275188 CYCLES 128 145 P03 JUN 26' 97 09: 36+W12ZfdW9Z?51W P01 .. AL- N r p� ' NCiiRT M. ROMA! N A0i001�TR� CONSULTING ENGINFAIM �(CICsf L'h tYrOLls!' ,9aild:ng iro4Mdlr 101 DERA7 ATRONT 2011 No MPF AALEM.MAW.01070 S�A[errt, sv.W*3Xc vseh',1 9� and 80i-7456698 FAX NOW746-ON IDT4 MAL Me. Olivier HNmberP !fir Fax Peep Mr. N6on7b4rrt, TWO 13 & :Ff;ifE That the ovaria wH/ch was dent 1'n irccordsnc< 4,viM7 our re commandaE[en! order *W rain_ Farce the rove s'trocbvr< of the referenceen d bvildrnqq, wars lreederd to comply with the A4asm&chvsatfs fflvetdrrr9 Code re�q��re.srar7ts to make i'!- jFA& for occupancy. Very trv[Y yours, CITY OF SALEM � '! DEPARTMENT OF PLANNING AND �,�\ COMMUNITY DEVELOPMENT MmBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEN4 MASSACHUSETTS 01970 978-745-9595 •FAx.978-740-0404 LYNN GOONIN DUNCAN,AICD DIRECTOR February 28, 2006 Hillcrest Chevrolet 207 Highland Avenue Salem, MA 01970 Re: Illegal Sign-207 Highland Avenue, Salem,Massachusetts To Whom It May Concern: I am writing to inform you that signage has been erected at the above referenced property,which is in violation of the Salem Sign Ordinance, and therefore is an illegal sign. Listed below you will find the violation and the corresponding action required to comply. • One (1) freestanding sign located on the Hillcrest Chevrolet Dealership on the comer of First Street and Highland Avenue, advertising the Pequot Apartments at 12 First Street(view attached photo). • Off-premise signs, which advertise a business not located on the property is a violation of§3- 56I of the Salem Sign Ordinance,which states`off-premise signs are prohibited". Therefore, this sign must be removed immediately. Should you have any further question about this matter I can be reach at(978) 745-9595 ext 311. Sincerel Vlanner/Co servation Agent Cc: Thomas St. Pierre, Building Commissioner Pequot Highlands Management COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT - BOB DURAND Governor Secretary LAUREN A.LISS Commissioner JAN 0 8 2002 Hillcrest Realty Trust II e: Salem—207 Highland Ave. 207 Highland Avenue Salem,MA 01970 Response Action Outcome Activity and Use Limitation Attn: Ralph Cerundolo, Trustee Interim Deadline RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW Dear Mr. Cerundolo: On November 16, 1998, the Department of Environmental Protection(the Department)received a Class A-3 Response Action Outcome (RAO) Statement and Activity and Use Limitation (AUL) for the above-referenced site. On August 5, 1998,the Legislature enacted the`Brownfields Act"which called on the Department to conduct a targeted audit of all sites at which AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E'and the Massachusetts Contingency Plan (MCP). The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at httn://www.state.ma.us/dep/bwsc/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This information Is available In alternate format by calling our ADA Coordinator.at(617)574-6872. 205A Lowell Sl. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 0* Printed on Recycled Paper Salem,RTN 3-12517 2 AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate,the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 30, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the Department has identified errors in the AUL that require correction. Specifically: 1. The AUL does not adequately define the boundaries of the restricted area. The AUL prohibits excavation and disturbance of soil beneath the concrete floor under the building, without identifying the location of the building and/or concrete floor. Furthermore, the AUL permits uses that do not disturb the building foundation over the"contaminated area",with no indication where the"contaminated area" and/or building foundation is located. Thus, it is unclear what portion of the property is restricted by the AUL. There is no survey plan or metes and bounds description of the AUL area. There is no sketch plan attached to the AUL. To provide an accurate delineation of the AUL area,the area to which the restrictions apply must be surveyed, and a metes and bounds description must be derived from the survey plan. 2. The AUL does not adequately define what uses and activities are permitted at the site, what uses and activities are restricted, or what obligations and conditions must be maintained at the site. The AUL does not clearly identify what categories of use may occur at the site (i.e. commercial, industrial,residential, day care, school, recreational, etc.). The AUL must be more specific in this regard. While the AUL addresses activities conducted at the site, it does not address uses at the site. It should be noted that the AUL was registered at the Land Court only after the Department requested a certified Registry copy of the AUL in a Request for Information dated October 13, 1999. To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. Please note that the AUL Opinion must be prepared and attached to the Amendment and Ratification Form using Form 1145. In addition, a legal notice regarding the original AUL and the AUL Amendment must be published in the local newspaper and a copy of the notice must be submitted to the Department. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A- 1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR 40.0167 and 310 CMR 40.1140. If you do not meet this deadline you will be subj ect to enforcement action by the Department. Salem,RTN 3-12517 3 The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, http://www.state.ma.us./depibwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The Department recommends that you(and/or the Licensed Site Professional (LSP)/attorney preparing your AUL corrections) attend one of these workshops if you have questions on how to proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator at(617)292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department(attention: BWSC Audit Section) a Post-Audit Completion Statement in accordance with 310 CMR 40.1170, a copy of which is attached. LICENSED SITE PROFESSIONAL A copy of this letter has been sent to Daniel Jaffe, LSP #2347, the LSP-of-Record for the Disposal site. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake further response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L.-c.21E,310 CMR 40.0000, or any other laws, regulations, or'requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past,current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; (3)in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws,regulations, or requirements. The Department retains authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E,which the Department deems necessary to protect health, safety,public welfare,or the environment. Salem,RTN 3-12517 4 ' Sincerely, n Patricia M. Donahue Chief,Audit Section Bureau of Waste Site Cleanup Filename: Nlhowes/P:/Letters/scnnof3-12517 Scnoafv6105_31_01] Attachments: Audit Follow-Up Plan Transmittal Form &Post-Audit Completion Statement(BWSC-111) AUL Amendment and Ratification Form and Instructions Activity&Use Limitation(AUL) Opinion Form (BWSC-1145) cc: Salem Chief Municipal Officer Salem Health Department Salem Zoning Code Enforcement Official Salem Building Inspector Daniel Jaffe,LSP-of-Record(LSP#2347)EIS, Inc.,265 Medford St., Suite 312, Somerville,MA 02143 Thomas M.Potter, Audit Coordinator,DEP-Boston NERO/Data Entry/RAO/TSAUD a MAR 5 24 �7uf ttlemMa95t1*9'etta41FK '97 CITY OF SALEH. HASS CITY Of' SALEH. MASS CLCRK'S OFFICE �nttra 0f c'�VPVZd CLERK'S OFFICE DECISION OF THE PETITION OF RALPH CERUNDOLO, TRUSTEE, HILLCREST_REALTY�, TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207` HIGHLAND AVENUE A hearing on this petition was held February 19, 1997 with the following Board members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc, Albert Hill and Arthur LeBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, requests a Variance from front yard setback to install a canopy for the property located at 207 Highland Avenue, Salem. This property is located in a B-2 zone. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. The petitioner would like to install a canopy 20 feet wide along length of the building and 120 feet long on Highland Avenue. 2. The petitioner feels this will improve the appearance of the property as part of the beautification of the Entrance Corridor. 3. Robert Cerundolo, of 55 Cross Lane, Beverly spoke in favor to his father's petition. 4. There was no opposition to this petition. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. 1 _ DECISION OF RALPH CERUNDOLO, TRUSTEE, HILLCREST REALTY TRUST REOUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 HIGHLAND AVENUE. (B-2) page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall compiv with all city and state statures, ordinances, codes and regulations . 2. All construction shall be done as per the plans submitted and approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Variance Granted //ff i CSC,T' February 19, 1997 JC , Joseph Ywuc, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal 3 Citp of harem, 41a5!6arbu5etV6 Vublic jftropertp Mepartment �3uilbing department One 6alem Breen (978)745-9595 Cxt. 330 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 26 , 1998 Peter R. Merry Esq. 265 Essex Street, Suite 304 Salem, Mass . 01970 RE : 207-209 Highland Avenue Hillcrest Chevrolet Dear Mr . Merry: The above captioned premises is currently occupied by the Hillcrest Chevrolet automobile dealership . The existing use of the premises , as well as the buildings and improvements thereon and the parking accessory thereto, have prior protected nonconforming status in accordance with Section 8-3 of Article VIII of the Salem Zoning Ordinance . The existing use of the premises , and building and improvements thereon, as an automobile dealership may be continued as a matter of right, provided, that in accordance with Section 8 . 5( 6 ) of the Zoning Ordinance , if the structures or use shall be abandoned for two years , the use and improvements shall lose their current prior protected nonconforming status . Sincerely, Kevin G. Goggin Inspector of Buildings KGG: scm (j $,4Dmwoo- Nuilbing Titu of #alem, Massoc4usetts Public Propertg Department Department (One #nlem Qbreen 50&715-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 30 , 1997 Hillcrest Chevrolet 207 Highland Avenue Salem, Mass . 01970 RE : Roof repairs To Whom it May Concern: On February 1 , 1996 an inspection was conducted by my Assistant Building Inspector, John J . Jennings and he found a portion of the roof at the above mentioned building in an unsafe condition and ordered that it be repaired immediately (Letter enclosed) . The worked performed to repair the roof, as recommended by Mr . Rump , was needed to comply with Massachusetts Building Code requirements . If this office can be of any further assistance in this matter, please do not hesitate to call . Sincerely, Leo E . Tremblay Inspector of $'uil /ngs LET: scm `° Chiu of i�tticm, ttssttcl�usetts Publir t1rapertg Elepartment 'Builbina Department (One f3ntrm (6rren i88.7•1i-9195 �t�ct. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 1 , 1996 Hillcrest Chevolete 207 Highland Ave . Salem, Mass . 01970 RE : 207 Highland Avenue To Whom it May Concern : On Thursday, February 1 , 1996 I conducted an inspection at the above mentioned property. The roof decking in the manager ' s office is in immediate danger of collapse. This office must not be occupied . This condition must be addressed in the next 24 hours or legal action will be taken . Thank you in advance for your anticipated cooperation in this matter . Since ly John J . 4nn Local Buig nspect r JJJ : scm Titg of �ttlem, Aussar4usetts ('0'D'MM)0F1 Public Propertg Department NuOing Department (One e)alcm 6recn 500-745-9595 text. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 17 , 1997 Hillcrest Chevrolete 207 Highland Avenue Salem, Mass . 01970 RE : Roof repairs . To Whom it May Concern: on February 1 , 1996 an inspection was conducted by my Assistant Building Inspector, John J . Jennings and he found a portion of the roof at the above mentioned building in an unsafe condition and ordered that it be repaired immediately. (Letter enclosed) The roof was repaired per design of Robert M. Rumph, professional engineer . All work was completed per satisfaction of Assistant Building Inspector, John J . Jennings . If this office can be of any further assistance in this matter, please do not hesitate to call . Sincerely, p -C.6 Leo E . Tremblay Inspector of Build' gs LET: scm 1*'6oe 5- -,%k tH DE MgS.r RG': ROBERT ROBERT M. RUMPF & ASSOCIATES M. CONSULTING ENGINEERS na macJec%( /t'ooJC 'Shorlb9 �$ RUIMPF 101 DERBY STREET flit�Cres f' Ch e v'rp l�'e; ` ; .o P NO. 6632 Saferr�,/Ila3sac!-rvse`fts g c� SALEM,MASS.01910 � C'�S76P Q+w 505-145-8598 FAX 508-145-9598 SS�pR1Ai `� OZ�OS�9 6 Mr•Zeo Tremblay B ui Cdin9 Ins pecEor One 9aCe/w areerr ,Salem, Msk a�4 y o Dear Mr rrembla y, 'chis I> a report- On aur jrnspPcl`7on of the EernpO- tart Short t75 a7 the ret)eeenced rooFarea . We Found Ift- in accordance with our desc9rr Properly tnstaeled �lerY truly You,-s� pp,f- rn W 00 Qm � c� -- rn N 'm a w � � T* n Lo -0 n CT) Titg of *ttlPm, filttssar4usrtts . f'o Public Propertp Department +iguilbing Department Mne Salem (6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 1 , 1996 Hillcrest Chevolete 207 Highland Ave . Salem, Mass . 01970 RE : 207 Highland Avenue To Whom it May Concern: On Thursday, February 1 , 1996 I conducted an inspection at the above mentioned property. The roof decking in the managers office is in immediate danger of collapse . This office must not be occupied. This condition must be addressed in the next 24 hours or legal action will be taken. Thank you in advance for your anticipated cooperation in this matter. Since ly John J . J nn'n Local Bui d' g spect r JJJ: scm (situ of 'grttlem, Mttssttc4usetts Vubllr propertg Department NuilDing Department (Nie k3alem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 5, 1993 City of Salem Licensing Board RE: Hillcrest Automotive 207 Highland Avenue (B-2) Gentlemen: Please be advised that the above reference property is located in the Highway Business District (B-2) and the installation of two (2) video games at the site is allowed. If I can be of any further assistance, do not hesitate to contact me. Sincerel , Leo E. Tremblay Zoning Enforcement Officer LET:bms cc: Councillor O'Leary. / q Plans must be filed and approved by the Inspector before a permit will be granted. / No. 7 r/3 City of Salem Ward Is Property Located in the '� � 6 Historical District? Yes_ No E RHome Phone# Is Property Located in a 7 ,7 Q— Conservation Area? Yes_ No fyk'cuussM+'�' Bus.Phone# � APPLICATION FOR �.�- PERMIT TO CONSTRUCT POOL, DECKS AND SHEDS , � Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address Architect's name 1`.Fs_✓z,C n �( t? -fd✓ P�✓-11Jr2t� Mechanic's name and address Location of building, No. �i I !' /�& 7C Aei/ 0©G eT,.,1V What is the purpose of building? J�YK'3-- Material of building? ( 1 1;&J f4i eft i )AAµa.11J JV�" If a dwelling, for how many families? Will the building conform to the requirements of the law? t/r-- Estimated cost rJ Contractors Lic. No. 33 b !.ee! - C'Bi✓f"l'T!}c'TDY- Signature of annlicant4�1 I 'Signed Under the Penalty of Perjury 7 7 ? REMARKS Dom n -� No�� 9 Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Locatiog7� 2 PERMIT GRANTED ffwe L l(moi s f 3 Ap rov wilding Ins ctor �t of alem Fee $10.00 '�%�,.="' .�/ ire �c�nr{nun� �jruaquarlcra :< 7 43 "�afa�citr �ircct Cash: CI:`/Q0 1 alrm, ia. 81970 Recd by: Joscpfi P. Sullivan Chief APPLICATION/PERMIT TO ERECT TENTAGE OVER 120 SQUARE FEET IN THE CITY OF SALEM ACCORDING TO THE MASSACHUSETTS FIRE PREVENTION REGULATION 527CCMR//19 .00 A(NND.{ THE SALEM FIRE PREVENTION CODE, ART.T`M. APPLICANT: 1 � r?e–z7 Cdj�erl • ADDRESS : ? (�/G/f(, ZZD /4C>; print 7� 7 — 165'CITY :�� e0A STATE:_ h�-�L -ZIP: �j� f ]U PHOhIE: LOCATION OF TENTAGE: �r10/�'T NU/'Jt6 Gll2Te- M-:NER OF PRO ERTY ADDRESS : .-90 /ayb' CITY: L STATE: ZIP : G/ y20 PIIONCI- 2C/� .--T!7Z/ —T – INSTALLER/RENTAL CO. OF TENTAGE: Cj PHONE : ADDRESS : SJ Q�(� Q-e CITY : , STATE: ZIP: 61,F 60 Indicate with reference to property lines and other buildings the location of the tent- ane on the back of this form: IU1TERIAL USED: TYPE : IAi;UFACTURER: —T SIZE OF TENTAGE : NAME OF TESTING AGENCY : \76(44i ^Ao-lrL-�(e AGENCY APPROVAL NUMBER: E 124 y, /-. CERTIFICATE OF FLAME RESISTANCE: �7/ �/f7�� CONDITIONS OF APPROVAL OTHER THAN AS PER THE FIRE PREVENTION REGULATIONS : SALEM BUILDING DEPARTMENT PE"MIT NUMBER: SITE INSPECTION DATE: 111q-3 ,DATE OF ISSUE : // EXPIRATION DATE : APPROVED BY : TITLE: ` I BUSINESS OPERATION LIABILITY COVERAGE k TH L`ItPG ICY WILL PAY ON YOUR BEHALF ALL SUMS FOR WHICH YOU BECOME LEGI, LLY OBLIGATED TO PAY BECAUSE OF AN OCCURRENCE DURING THE POL1��Y 1 ERM. RENTAL OPERATIONS LIABILITY LIMIT OF LIABILITY for FOR EACCH OCCURRENCE $ 1, 000, 000 (No Annual Aggregate Business Operations ) DEDUCTIBLE: $ -0- .BROADENED BODILY INJURY LIABILITY .PROPERTY DAMAGE LIABILITY .CONTRACTUAL LIABILITY (For Liability you assume by Contract or Agreement) 'I( BROAD PROPERTY DAMAGE LIABILITY MOBILE EQUIPMENT LIABILITY ( Including all 'd Rental Equipment/Utility, Horse/Camping Trailers) WATERCRAFT LIABILITY (Rental only 26 ' or less and Non-owned) .NEWLY ACQUIRED ORGANIZATIONS (Ninety day automatic coverage) .PERSONAL INJURY LIABILITY ( Libel, Slander, Invasion of Right, etc. ) .ADVERTISING INJURY LIABILITY ( Infringement of Copyright, Title or Slogan, etc. ) HOST LIQUOR LIABILITY (For giving or serving of alcoholic beverages at functions incidental to your business ) .EMPLOYEES AS ADDITIONAL INSUREDS (While acting within the scope of their duties ) . PREMISES MEDICAL PAYMENTS COVERAGE: $ 1,000 Limit of Liability FIRE LEGAL LIABILITY - REAL PROPERTY $ 50, 000 Limit of Liability (Higher limits available) .PRODUCTS & COMPLETED OPERATIONS: Limit of Liability $ 1 , 000, 000 Products - Includes Bodily Injury and Property Damage occurring away from your premises and arising out of a product that you have sold. !1?tC�L�clxe�ti<-r«ctIV&Ice tic:«ett«feci�ct�ct�crt�ct�c �ct�ctec t�c<<ctc ct�ccc�ci�c«^c i ccti c tec �cii ctecs" J r: MY kbtr ifirate of .dame Sesiotancr PRO , REGISTERED sTEq — IN JFABRIC ""'' F , P e " O Dale of Manufacture NUMBER `; Top Tec, Inc. A) �/ �' z o - 1905 N.E. Main Street , J Simpsonville,SC 29681 F-140.01 3 0 U F F 140 - 803.9674312 FAX 803-963-7750 J y r, This is to certify that the products herein have been fabricated from materials treated for flame retardancy �) as hereafter specified by the materials supplier. ] NAME: HUBCO F) CITY DANVERS STATE MA - ) r, Certification is hereby made that: r; The articles described on this Certificate have been treated with a flame-retardant approved chemical §) i and that the application of said chemical was done in conformance with California Fire Marshall Code, R equal to or exceeds Federal Specification C Method of application: _ Laminated _ _ i p Type, color and weight of material: 1202. Vinyl Wt11.te' ° ^ 6' Description of item certified: frame canopy 30x60 r Flame Retardant Process Used Will Not Be RTo ed B Washing And Is I9 Effective For The Life Of The Fabric Name of Application of Flame Re scant finish TERTMENT, ' F.) ✓?i F�i Ni:�i t'iai"»'.�i��i G7�i l�'7i e�i�i�U��i G»i 3L�i�i e1�i�iC.`7:e1�i7i rili l>?il7�i�i Gl:v�il�li�i c��i�i!�1i?i .��i�i �?i 3G1i�i G'�i?i 11�i7i 3u?:•'C�i�:7J ifo7 (i) The excavation and disturbance of soil, or any construction activities beneath the concrete floor under the existing building, without using workers who are adequately protected and trained, and implementing federal and state occupational, health and safety requirements, including, but not limited to 129 CFR 1910.120 and the development and implementation of a Health and Safety Plan and a Soil Management Plan in accordance with the Obligations set forth below; (ii) Relocation of the contaminated soil from beneath the building concrete floor unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; (iii)Activities and/or uses which may cause physical or chemical deterioration, breakage, or structural damage to the concrete floor; and, (iv)Use of the AUL area as a residence, school, daycare facility, recreational area, or other use at which a child's presence is';1`ikely. 2. "Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to read as follows: The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: (i) Any use which does not disturb the building foundation over the contaminated area, including, but not limited to, commercial and industrial uses such as office work and vehicle sales, and any use below the building after implementing proper precautions in accordance with a.Soil Management Plan and a Health and Safety Plan; (ii) Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and (iii)Such other activities and 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. 3. "Obligations and Conditions Set Forth in the AUL Opinion", is amended to read as follows: If applicable, obligations and/or conditions to be undertaken and/or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: 475380 (Page 2 of 23) Southern Essex District Registry 1/11/2007 10:59 RM AMEND (i) Any construction within the area of the AUL, including disturbance of the concrete floor of the building or underlying soil, shall be done by workers who are adequately protected and trained in implementing federal and state occupational, health and safety requirements, including, but not limited to 129 CFR 1910.120. Work which could expose workers to subsurface soils, including the installation, replacement, or maintenance of utilities and the replacement of the existing building, shall be supervised by an LSP; (ii) Any soil generated must be disposed of in accordance with applicable laws; (iii)A Soil Management Plan must be prepared by an LSP and implemented prior to commencement of any activity which may disturb the petroleum-contaminated soil located beneath the concrete floor. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site throughout the course of the project; and, (iv)A Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity which involves the removal and/or disturbance of the concrete floor and/or is likely to disturb the underlying contaminated soil, rendering it more accessible. The plan should clearly describe the location of the petroleum-contaminated soil and specifically identify the types of personal protective equipment,monitoring devices, and engineering controls necessary to ensure that workers are not exposed to the petroleum contamination through dermal contact, ingestion, and/or inhalation of particulate dusts. Workers who may come in contact with contaminated soil within the designated AUL area must be informed of the location of the contamination and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the project. In all other respects the provisions of said Notice remain unchanged. Ralph Cerundolo authorizes and consents to the filing and recordation/and or registration of this First Amendment to Notice of Activity and Use Limitation, said First Amendment to become effective when executed under seal by the undersigned LSP and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. This First Amendment to Notice of Activity and Use Limitation is given to correct the inadvertent error(s) made in the Notice of Activity and Use Limitation dated November 5 1999, and recorded with the Essex County Registry of Deeds in Book 354, Page 69756, said error(s) being as follows: 475300 (Page 3 cf .23) st rY -Southern Essex, RMENDg91 111112007 10'.59 RM (i) The AUL does not adequately define the boundaries of the restricted area. The AUL prohibits excavation and disturbance of soil beneath the concrete floor under the building, without identifying the location of the building and/or concrete floor. Furthermore, the AUL permits uses that do not disturb the building foundation over the contaminated area, with no indication where the contaminated area and/or building foundation is located. Thus, it is unclear what portion of the property is restricted by the AUL. There is no survey plan or metes and bounds description of the AUL area. There is no sketch plan attached to the AUL. To provide an accurate delineation of the AUL area, the area to which the restrictions apply must be surveyed and a metes and bounds description must be derived from the survey plan.; and (ii) The AUL does not adequately define what uses and activities are permitted at the site, what uses and activities are restricted and what obligations and conditions must be maintained at the site. The AUL does not clearly identify what categories of use may occur at the site (i.e. commercial, industrial, residential, day care, school, recreational, etc.) The AUL must be more specific in this regard. While the AUL addresses activities conducted at the site, it does not address uses at the site. In all other respects the.terms of the First Amendment to Notice of Activity and Use Limitation remain unchanged. 475380 (Paso 4 of 23) - Southern Essex District Registry 1/1112007 10:59 AN AMEND WITNESS the execution hereof under seal this IL day of « , 2006. Ralph Cerundolo COMMONWEALTH OF MASSACHUSETTS ss �F�Z 4e /,a-, 200 e On this o' day of o,,, 2006, before me, the undersigned notary public, personally appeared Ralph Cerundolo, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (official signature and seal of notary) Chdstlne W•Gaudteault NOTARY p'OBBC Mj com�GOn ex�ues Ma.5,2010 475380 (Page 5 of 23) Southern Essex District Registry 1/11/2007 10.59 PM PMEND The undersigned LSP hereby certifies that he executed the AUL Opinion dated January 10, 2007, filed with DEP at its Northeast Regional Office under Release Tracking No.(s) 3-12517, attached hereto as Exhibit B and made a part hereo.]. at, in his Opinion, this First Amendment to.Notice of Activity and Use Limitation is c e9 th. oa Date: g p0 +i N0'4018 Carl Shapiro � RlCI [ LSP SEAL] &fE COMMONWEALTH OF MASSACHUSETTS /VP 71,t// ss f l 12007 On this L day of Qauav , 2007, before me, the undersigned notary public, personally appeared Carl Shapir (name of document signer), proved to through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached d c ment, and acknowledged to me that he signed it voluntarily for its stated purpose. (24"4 (official signature and seal of notary) JAMES P MURPHY Notary public Upon recording, return to14 Commonweatth of Massachusetts My Commission Expires Ralph Cerundolo October 13,2011 c/o Olivier Humbert Cycles 128 107 Brimbal Avenue Beverly, Massachusetts 01915 475380 (Page 6 of 23) 'Southern Essex District Registry 1/11/2007 10:59 AM AMEND EXHIBIT A LEGAL DESCRIPTION OF PARCEL I 475380 (Page 7 of 23) Southern Essex District Registry 1/11/2007 10:59 RM PMEND Boundary Description—209 Hiehland Avenue Salem Massachusetts Lot 10 - Land Court Case #21246 A certain parcel of land situated in the City of Salem, Essex County, Commonwealth of Massachusetts,bounded and described as follows: Beginning at the intersection of the Southwesterly sideline of First Street and the Southeasterly sideline of Highland Avenue thence running S37°39'20"E, along said sideline of First Street, a distance of 366.39 feet to a point; Thence turning and running S03°17'10"E, by Lot 8 as shown on the hereinafter mentioned plan, a distance of 32.56 feet to a point; Thence turning and running S52'12'1 8"W, still by said Lot 8, a distance of 152.73 feet to a point; Thence turning and running S70°34'32"W, by Lot 9 as shown on the hereinafter mentioned plan, a distance of 145.23 feet to a point; Thence turning.and running N37°39'20"W, by land now or formerly of Hillcrest Realty Trust II, a distance of 342.85 feet to a point on said Southeasterly sideline of Highland Avenue; Thence turning and running N51°21'05"E, along said sideline of Highland Avenue, a distance of 309.09 feet to the point of beginning; Containing an area of 117,409 square feet, or 2.695 acres as shown as Lot 10 on a plan entitled "Plan of Land, Being a Subdivision of Lots 5 and 6 Shown on Land Court Plan No. 21246D, Salem, Mass." dated June 30, 2003, prepared by Harry R. Feldman, Inc., Land Surveyors. LAND COURT, BOSTON. The land hereiwal3 be shown on our approved InIan to foliow as � 0 1a (Page 8 of 231 islrY Essen 475380 Distr IctR Reg 's ala 21 2,k . 111112007 10'59 RM k>3iAGlIMA5DESCRIPTIp Eeun Engineer /r0 pT ONLY EXHIBIT A-1 LEGAL DESCRIPTION OF PORTION OF PARCEL SUBJECT TO AUI. 475380 (Page 9 of 231 Disir Southern Essex g8g1st rY MEND 111112007 10.59 RM Activity and Use Limitation Area—209 Highland Avenue Salem Massachusetts Lot 10 -Land Court Case #21246 A certain Activity and Use Limitation Area situated wholly within Lot 10 of Land Court Case 21246, being in the City of Salem, Essex County, Commonwealth of Massachusetts, bounded and described as follows: Commencing at the intersection of the Southwesterly sideline of First Street and the Southeasterly sideline of Highland Avenue thence running S51°21'05"W along said sideline of Highland Avenue, a distance of 98.09 feet to a point; Thence turning and running S38°38'55"E, a distance of 59.94 feet to the point of beginning; Thence turning and running S38°19'32"E, along the face of a building, a distance of 82.19 feet to a point; Thence turning and running.N51'49,'06"E, along the face of a building, a distance of 11.35 feet to a point; Thence turning and running S38°34'12"E, along the face of a building, a distance of 13.38 feet to a point; Thence turning and running S5:1°46'02"W, along the face of a building, a distance of 11.44 feet to a point; Thence turning and running S38°20'30"E,along the face of a building, a distance of 118.60 feet to a point; Thence turning and running S 5 1°38'01"W, along the face of a building, a distance of 8.71 feet to a point; Thence turning and running S38122'43"E, along the face of a building, a distance of 14.03 feet to a point; Thence turning and running S50°47'14'W, along the face of a building, a distance of 16.00 feet to a point; Thence turning and running S38°38'33"E; along the face of a building, a distance of 9.37 feet to a point; Thence turning and running S51°46'00"W, along the face of a building, a distance of 52.67 feet to a point; Thence turning and running N3 8'25'25"W, along the face of a building, a distance of 16.16 feet to a point; 475380 (Page t0 of 23) -' '— Southern Essex District Registry 1/11/2007 10:59 AM AMEND Thence turning and running S51°46'28"W, along the face of a building, a distance of 65.67 feet to a point; Thence turning and running N3 8'20'02"W, along the face of a building, a distance of 160.00 feet to a point; Thence turning and running N51°36'31"E, along the face of a building, a distance of 43.63 feet to a point; Thence turning and running N3 8'28'05"W, along the face of a building, a distance of 12.15 feet to a point; Thence turning and running N51'27'1 9"E, along the face of a building, a distance of 6.70 feet to a point; Thence turning and running N38°12'07"W, along the face of a building, a distance of 12.97 feet to a point; Thence turning and running N50°07'44"E, along the face of a building, a distance of 11.64 feet to a point; Thence turning and running N38°14'23"W, along the face of a building, a distance of 36.04 feet to a point; Thence turning and running N51°43'43"E, along the face of a building, a distance of 81.01 feet to the point of beginning; Containing an area of 29,307 square feet. 175390 (Paea 11 of 23) Southern Essex District Registry 1/11/2007 10:59'RM AMEND EXHIBIT A-2 SURVEY PLAN 475380 (Page 12 of 23) Southern Essex Distriot RegistrY 1/11/2007 10:59 RM AMEND EXHIBIT B AUL OPINION 475380 (Page 14 of 23) Southern Essex District Registry 1/11/2007 10:59 AM AMEND EXHIBIT B AUL Opinion Regarding.the Activity and Use Limitation Associated with the Property at 207 Highland Avenue in Salem, Massachusetts The site at 207 Highland Avenue in Salem, MA is a commercial property owned by the Hillcrest Realty Trust II of Beverly, Massachusetts. The property currently operates as the Hillcrest Chevrolet automobile sales and service dealership and is comprised of approximately 2.70 acres. The site was reportedly undeveloped until the 1960's when the two-story concrete block building was constructed as a dealership. As exhibited by the figure in Exhibit A, the property consists of paved parking and building. Petroleum contamination was discovered in the soil and groundwater at the site in February 1995 during a preliminary site assessment and subsurface investigation. The Massachusetts Department of Environmental Protection (MassDEP) was subsequently notified of the release, and Release Track Number (RTN) 3-12517 was assigned to the site. A Class A-2 Response Action Outcome was filed in September 1998, indicating a condition:ofNo.Significant Risk exists at the site based upon the implementation of an Activity and Use Limitation. The original AUL was filed on November 5, 1999 by another LSP, Daniel G. Jaffe, to restrict potential for contact with subsurface soils contaminated with residual petroleum hydrocarbons beneath the Hillcrest Chevrolet building. The current AUL Opinion is part of an amendment that addresses the findings of an AUL Summary Compliance Review published by MassDEP on January 8, 2002 and an AUL Audit Inspection dated March 20, 2006. In accordance with these Audit Findings, this Amended AUL delineates the boundaries of the AUL restricted area to be the area beneath the existing building foundation (Exhibit A). A sketch plan and metes and bounds description of the building are also attached. In addition, the Amended AUL clarifies the permitted and restricted uses and activities and the obligations and conditions set for the site. The following information includes information provided in the original AUL Opinion filed on November 5, 1999. Information amended by Wheatstone is provided in italics. The AUL is developed to restrict the potential for contact with subsurface soils. This Notice of AUL is appropriate to maintain a level of No Significant Risk at the disposal site because the contaminated area is inaccessible as it lies beneath the concrete floor [of] an existing building. Since there are no exposure routes, a level of No Significant Risk currently exists. Site Activities and Uses Inconsistent with the AUL: The following land uses shall be limited to achieve conformation with the achievement of No Significant Risk: 475380 (Page 15 0( 23) 9o,thern Essex Distr lot Res 1/1112007 10'.59 RN *The excavation and disturbance of soil, or any construction activities beneath the concrete floor under the existing building, without using workers who are adequately protected and trained, and implementing federal and state occupational, health and safety requirements, including, but not limited to 129 CFR 1910.120 and the development and implementation of a Health and Safety Plan and a Soil Management Plan in accordance with the Obligations set forth below; •Relocation of the contaminated soil from beneath the building concrete floor unless an LSP renders an Opinion which states that such relocation is consistent with maintaining a condition of No Significant Risk; •Activities and/or uses which may cause physical or chemical deterioration, breakage, or structural damage to the concrete floor; and, *Use of the AUL area as a residence, school, daycare. facility, recreational area, or other use at which a child's presence is likely. Site Activities to be Permitted: The following uses shall be permitted without compromising the,achievement of No Significant Risk: •Any use which does not disturb the building foundation over the contaminated area, including, but not limited to, commercial and industrial uses such as office work and vehicle sales, and any.use below the building after implementing proper precautions in accordance with a Soil Management Plan and a Health and Safety Plan; *Activities and uses which are not identified by this Opinion as being inconsistent with maintaining a condition of No Significant Risk; and •Such other activities and 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. Obligations Necessary to Maintain No Significant Risk: The following conditions are necessary to maintain the achievement of No Significant Risk: •Any construction within the area of the AUL, including disturbance of the concrete floor of the building or underlying soil, shall be done by workers who are adequately protected and trained in implementing federal and state occupational, health and safety requirements, including, but not limited to 129 CFR 1910.120. Work which could expose workers to subsurface soils, including the installation, replacement, or maintenance of utilities and the replacement of the existing building, shall be supervised by an LSP; 475380 (page 16 of 23) Southern Essex District Registry 1/11/2007 10:59 AM AMEND *Any soil generated must be disposed of in accordance with applicable laws; *A Soil Management Plan must be prepared by an LSP and implemented prior to commencement of any activity which may disturb the petroleum- contaminated soil located beneath the concrete floor. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates. On-site workers must be informed of the requirements of the Soil Management Plan, and the plan must be available on-site throughout the course of the project; and, *.A. Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in _worker health and safety requirements and implemented prior to the commencement of any activity which involves the removal and/or disturbance of the concrete floor and/or is likely to disturb the underlying contaminated soil, rendering it more accessible. The plan,should clearly describe the location of the petroleum-contaminated soil and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers are not exposed to the petroleum contamination through dermal contact, ingestion, and/or inhalation of particulate dusts. Workers who may come in contact with contaminated soil within the designated AUL area must be informed of the location of the contamination and all requirements of the Health and Safety Plan. The plan must be available on-site throughout the course of the project. 40/0 Carl Shapiro, LSP Date . 475380 (Page 17 of 23)' southern Essex District Registry 1/11/2007 10:59 AM AMEND — EXHIBIT C AUL OPINION TRANSMITTAL ]FORM (3WSC113A) 475380 (Page 18 of 23) Southern Essex District Registry __ 1/11/2007 10:59 RM RMEND. !Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY$ USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070.-40.1084(Subpart J) 3� - 12517 A. DISPOSAL SITE LOCATION: i 1. Disposal Site Name: HILLCREST CHEVROLET 2. Street Address: 207 HIGHLAND AVE 3. City/Town: SALEM 4. ZIPCode: 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 aGrant of Environmental Restriction, pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? ❑✓ a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: - 3. City(-own: 4. ZIP Code: Revised:_06/27/2003 Page 1 of 2 475380 (Page 19 of 23) Southern Essex District Reaistry 1/11/2007 10:59 RM AMEND 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) o - 12517 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjurythat I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions.of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statementis 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 orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L. c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of 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 S 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.2'1 E 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#: 4018 2. First Name: CARL 3. Last Name: ISHAPIRO 4. Telephone: (781) 380-0800 5. Ext,: 6. FAX: 7. Signature: ` v 8-. Date: mntlddlyyyy 9. LSP Stamp: or ay° CARL S"APIRO N No.4018 r Revised:06/27/2003 475380 (Page 20 of 23) Page 2of2 Southern Essex Distriot Registry 1/11/200710:59 AM AMEND EXHIBIT D SIGNATORY AUTHORITY 310 CMR 40.1081 (4) (b) 475380 (Page 21 of 23) Southern Essex District RegistrY 1/11/2007 10.59 PM RMEND Attachment Per 310 CMR 40.1081(4) (b), - - ---Documentation of Signatory Authority - - - - - In - - - -In accordance with 310 CMR 40.1081(4)(b), I am certifying that I am an authorized agent with authority to sign on behalf of the Hillcrest Realty Trust II. --'Le TrU,;+� is S+;II ;n e ec+ c,/ Y(ere ino,v2 bte,A no a ui.wn e2fiS as of 4-f Z5 acre . Authorizing Entity: Hillcrest Realty Trust II By(Print Name): Cp(n/4 Ca<>✓r� �j �j Title: Signature: Date: / 21k-/C,9 6 475380 5 (passsex e 22 Of 23) /17t 2007 E10:69 nM t ROt Registry r._._....._....-_'.____.. ..-..........�...,......-...........:.... .TCj.Ai LFt t COMMONWEALTH OF MASSACHUSETTS LAND COURT ESSEX REGISTRY OF DEEDS,SO. DIST. SALEM, MASS ESSEX S.S. 20 q A TRUE COPY OF DOCUMENT y �-S 3 ATTEST s' tant Recorder I CERTIFY THAT THIS PLAN IS BASED ON AN A;CTIJAL` -^ FIELD SURVEY PERFORMED ON JUNE 30 r A FIRST (PUBLIC VARIABLE WIDTH) STREET J t POINT OF LOT 3 LCC jf21246C COMMENCEMENT < S 373920' E = 366.39' 3 S LEGEND: .. . .. W LOT 10 �.�`�s? ! ( N/F- - -NOW OR FORMERLY 0 1 S LOT S LCC LAND COURT CASE LCC #21246 '�j S• SF - - SQUARE FEET AREA 117,409 S.F. �' LCC X21246 c -""ACTIVITY AND USE LIMITATION AREA <. 2.695 ACRES F W Ld POINT OF -" " BEGINNING Z S 38'34'12" E a y13.38'v l S 383855" E S 38'19'32" E S 38'20'30" E S 38'22'43"E nl N 59.94' 8?78 7 i8 60 3 r 14.03' N it b Oj o'n 3 0. S 38'38'33" E w 1 o W 9.37" 2 LOT 7 Q Q " o ACTII!ITY AND o o LCC (21246 z h USE LIiNITATION , N:e ��„ _ I' iq Z N3efaz ` W AREA 29,307 SF � 3a2s2s` w," s -e.3604T 68',1207 W fb.:ffi'' = N N 392ao5 w I STORY, w' 12 f5 PLAN SHOWING ACTIVITY AND xto e aBLOCK USE LIMITATION AREA LOT 10 — LAND COURT CASE #21246 h y y1 209 HIGHLAND AVENUE A, LOT 9 SALEM MASS. Q 2 N 38'20"02" W '♦ ��• ;7 LCC #21246 SCALE: 1'=60' DECEMBER 27, 2006 �� HARRY R. FELDMAN, INC. LAND SURVEYORS 112 SHAWMUT AVENUE PHONE: (617)357-9740 BOSTON, MASS. 02118 WWW.HARRYRFELDA4AN.COM 475380 �paqe 13 of 23) FEL®NlAN Southern Essex D,str lot Registry 2 342.85' 7/11120070:59 RM AMEND Professional Land Surveyors N 3739'200 W 60 0 CR4PH130 SCALE 60 120 NIF HILLCREST REALTY TRUST 11 RESE H - FlEEp�M _ p„ECK b RRFO ED Fl£NANE 118,5 ULC - Up0 AUB FlEIp CHECKED CRO FlLF- JOB N0. 118,5 Form 1082s VOCUINAIENT NO. 4753$0 FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E & 6 and 310 CMR 40.0000 Disposal Site Name: Hillcrest Chevrolet, 207 Highland Avenue Salem Massachusetts DEP Release Tracking No.(s): 3-12517 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Registry of Deeds in Book __ Page , and/or registered with the Land Registration Office of the Essex South Registry District asl ocument No. 363833. (said Notice of Activity and Use Limitation and any amendments thereto;are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and Nobligations affecting certain parcel(s) of land situated in Salem, Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof('Property'). Said limitations on use and activities are consistent with the terms of an Activity and Use Limitation Opinion ("AUL a1 Opinion") dated November 5, 1999, signed and sealed by Daniel G. Jaffe, holder of a valid c) license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to Massachusetts General Laws Chapter 21A, Sections 19-19J (the holder being referred to as c, "LSP") attached to the Notice of Activity and Use Limitation as Exhibit C and made a part tet. thereof, in order to maintain at the Property a condition of No Significant Risk (such conditions Snd terms being defined in 310 CMR 40.0000); and WHEREAS, the undersigned LSP, in accordance with Chapter 21E and the MCP, has issued and signed an AUL Opinion, dated January 10, 2007, and filed with DEP at its CsNortheast Regional Office under Release Tracking No.(s). 3-12517, attached hereto as Exhibit B and made a part hereof. Said AUL Opinion explains that the implementation of the following proposed changes in Site Activities and Uses at the Property will maintain a condition of No Significant Risk; � N s� NOW THEREFORE, in accordance with M.G.L. c. 21E and the MCP, the undersigned Ralroh Cerundolo of Beverly, Essex County, Massachusetts, being the owner of the Property pursuant to a deed recorded with the Essex Soutli�Registry of Deeds in Book 15096, Page 238; and/or Certificate of Title No. 69756, issued by the Land Registration Office of the IN Essex South Registry District, hereby amends said Notice as follows: 1. "Activities and Uses Inconsistent with the AUL Opinion", is amended to read as follows: Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Portion of the Property, may result in a significant risk of harm to health safety, public welfare or the environment or in a substantial hazard, are as follows: 55 / ee CXI..♦bi�� Tdr i"`Q Si3"Jerti Southern 3 II I IIIEssex III District t Bich: thRe9istry 1/11/2007 10:59 RM AMEND 20070I1I1I1I001I89IISkI:2I6469IIPg:221 01/11/2007 11:07:00 OTHER Ps 1/22 i,