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313 HIGHLAND AVENUE - BUILDING INSPECTION�r 313 Highland Ave. I Commonwealth Of Massachusetts City of Salem Map: Block: Lot: 08 0145-302 In Accordance With Massachusetts State Building Code 780 Cmr,Section 106. 5, Table 106 CERTIFICATE OF INSPECTION is issued to Irving Oil Corporation 1 Certify that I have Inspected the (A3) PREMISES O4Y ... YWXYe known as Irving OileCo 1WeXeat on rporation located at 0313 HIGHLAND AVENUE in the City of Salem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Means Of Egress Are Sufficient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure Capacity Location A-3 B Bank Use Group Mixed 20 1st.Floor 92-08 01/03/2008 01/03/2009 Certificate Number Date Certificate Issued Date Certificate Expires Building Official COPY t F 7'fI1S t ,-Z,RY -7C; ! iI :1fUST Br-PO 1'.' (, I,t, tt2 6If'1Y .' EAR ,!I I f:_1'TRAM Commonwealth Of Massachusetts City of Salem Map: Block: Lot: 08 0145-302 In Accordance With Massachusetts State Building Code 780 Cmr,Section 106. 5, Table 106 CERTIFICATE OF INSPECTION is issued to MACS Conveniance Stores L L C I Certify that I have Inspected the (A3) RETAIL known as CIRCLE K No 7502 ,P ..:.: .:.,.:, located at 0313 HIGHLAND AVENUE in the City of Salem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Means Of Egress Are Sufficient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure Capacity Location STORE & SUBWAY 20 1st. Floor 237-09 01/22/2009 01/22/2010 Certificate Number Date Certificate Issued Date Certificate Expires Building Official **A O'OPY OF TILTS CF_RTIFIL ATF WiST B1;POS'TF.D IN CLFAR V[FW NF:1R ALI, f 7R.4\TCFS " Certificate No: 989-06 Building Permit No.: 989-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical permits This is to Certify that the BUSINESS located at --------------------------------------------------- Dwelling Type 0323 HIGHLAND AVENUE in the CITY OF SALEM - - - ---- ------------------------------ ----------- - ----- --- - --- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CONVIENCE STORE & GAS STATION This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date -------___--------------------------_...---- Issued On: Wed May 9,2007 ---- --------- y GeoTMS®2015 Des Lauriers Municipal Solutions,Inc. --------- - --//a - (//A/- -------- - - - - - - - �NVIS Certificate No: 989-06 Building Permit No.: 989-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0323 HIGHLAND AVENUE in the CITY OF SALEM ------- ---------------- - ------------ - - ----------- -------------- - -- - -------------------- -- ---------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CONVIENCE STORE & GAS STATION This permit is granted in conforutty with the Statutes and ordinances relating thereto,and expires --- unless sooner suspended or revoked. Expiration Date ------------------------- ________--"'-""""------.----------- Issued On: Wed May 9, 2007 --------------- -- - - - — - - -------------------- -------- — -- GeoTMS®2015 Des Landers Municipal Solutions,Inc. ------ - ------------------------ Commonwealth Of Massachusetts V City of Salem Map: Block: Lot: 08 0145-302 In Accordance With Massachusetts State Building Code 780 Cmr,Section 106. 5, Table 106 CERTIFICATE OF INSPECTION is issued to Irving Oil Corporation I Certify that I have Inspected the (A3) PREMISES known as Irving Oil Corporation located at 0313 HIGHLAND AVENUE in the City of Salem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Means Of Egress Are Sufficient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure Capacity Location A-3 B Bank Use Group Mixed 20 1st.Floor 92-08 01/03/2008 01/03/2009 Certificate Number Date Certificate Issued Date Certificate Expires Building Official `x A COPY OF 17115 C'ERTIFIC-f TE AILIST BI POS'C7 ;)JA'(-,1,T R d'/I 14 .VE.I R AI,t, ENTRAArC'E.S "`* WOi'�IO6YIAl1'MMM � A / A MAUI . V KEVIN BROWN Facility Manager ^ y.IRVING OIL 323 Highland Avenue Salem MA USA 01970 T 978.745.8689 IRVING i v CITU Opp SAL-914o MASSACHUSK"S PUBLIC pROPERTY DEPARTMENT Iao W0LS04IMOTOM 9TR[[T. 340 FLOOR SA6[w. MAERAeMUf[TT9 01970 T[t[►„O�+[: 9711,-745*91605 EXT. 380 Fra[: 979•T4a94�a THE COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM Periodic Ynspectlon Renewal NOtice IN accordance with the Massachusetts Bttiiding code 780 CUR, this is to advise you that � it is time to anew your Certificate of Inspection. PROPERTY ADDRESS' pROPERTY OWNER: 9USINESS NA•HE: BUSL-ms PHONE: C BUSINESS OWNER: I YvUr�l i lrr1 ADDRESS: TELEPHONE: n./w&AtR!10)dqa of 07 chrRya in&a Rhari tRfR w phi lutddGoj o1jlctal sAall be RadJltd ��QRZ City of Salem Fee Due= S.-=OBuilding Department Return this application .th able to CITY r check SALE: 120 Washington Street (Make checks payable Salem, MA 01970 1Gt D-�� pplicant's ignature Title Department use only: Date Paid 1� , � Check# �D a lO �� Cer<ificatelt _ Building Inspector j4ZE— -- l o6 ---- Commonwealth Of Massachusetts City of Salem Map: Block: Lot: 08 0145-302 InAc danc et S ith Massachustate Building Code 780 Cmr,Section 106. S, Table 106 CE RT IiC E OF INSPECTION is issued`rcr—LloyalyOrder Of Moose Inc . „................ ........... I Certify th t I have Inspected the (A3 A3 nown as Irving Gas/Subway located at 031 IGHLAND AVENUE in the City, of Sa e The Means Of Egress Are Sufficient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Stru ur Ca it Location Place of Assembly or Structure Capacity Location A3 10 - Basement A3 Istfloor VP 0 80-05 11/29/2004 11/29/2005 Certificate Number Date Certificate Issued Date Certiftcate Expires Building Official .J * A COPY OF THIS CERTIFICATE MUST BE POSTED IN CLEAR VIEW NEAR ALL ENTRANCES *`� Nov 28 2007 16: 48 HP LASERJET FAX P. 1 e OPTIMIZING Yp02WORRPLACE Fax Cover To: Ed Paquin Fax 978-740-9846 From: Don Knight Fax: 603-881-3819 Phone: 603.881-3819 No. of Pages (including cover): 3 Comments: Irving 011 Good Day Ed, per our conversation, please review the attached lighting print for the Irving Oil site in Salem. The emergency lighting is built in to the existing emergency lighting. I have also attached the message stating that the rear door does unlock when the fire alarm Is activated. Please review and let me know what actions I will have to take. Best Regards, Don Nov 28 2007 16: 50 HP LRSERJET FOX P, 3 Page 1 of I Donald Knight From: Bob Shaheen[bshaheen@davoosecurity.00ml Sent: November 28,2007 1:07 PM To: Daniels, Rick;Vic Didonato Subject: RE: Salem, MA yes Bob Shaheen Senior Account Representative 781-307-9106 direct office 617-590-5088 cell 781-233-1570 fax From: Daniels, Rick[mailto:Rick,Daniels@irvingoil.comj Sent: Wednesday, November 28, 2007 1:05 PM To: Vic Didonato; Bob Shaheen Subject: Salem, MA Hi Vic, At our Salem, MA store the building inspector was in and questioned the door leading from the bathroom area to the back office. As you will remember there is a touch pad there with an electric strike to get to the manager's office area. My question is this. If the fire alarm goes off does that electric strike automatically open to allow egress from that area out the back? Rick Daniels, CPP Corporate Security Irving Oil Corporation 190 Commerce Way Portsmouth, IVH 03801 603-559-6857 office 603-312-0499 cell 603-559-8955 fax rick.daniels@irvingoil.cram 28/11/2007 Nov 29 2007 16: 49 HP LRSERJET FAX P, 2 � r I ¢ill�� l� � S 1 6 1 o 3 0 rc3f[- el 3 6 V aaaaq. . rraQa 3 4 V; I �/ 06 ' "l-i q CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT otic✓r' �h 120 WASHINGTON STREET,3AD FLOOR TFL (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAs ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CONMSSIONER February 6, 2015 THE MCCORMACK FIRM, LLC One International Place— 7`h Floor Boston, Ma 02110 Attention: Jonathan C. Hayden Regarding: Permits on 323 Highland Avenue, Salem, MA 01970 Invoice for: One hour Clerk time $25.00 Copying @ .25/page 9.00 Shipping charge 5.00 Total Charges: $39.00 The McCormack Firm, LLC 14166 CHECK DATE DESCR PTION INVOICE# AMOUNT DEDUCTION NET AMOUNT 02/11/15 Records Fee (186.09521 - Pickett, et al v. Richmond Highl) 39.00 39.00 oM*r tE CONTLlaLN11G1BER TOTALS ► Gross: 39.00 Ded: 0.00 Net: 39.00 CITY OF SALEM a PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET*SALEM,bL15SAC41U5E'1T5 07970 TEL:978-745-9595 ♦ FAX:978-740-9846 February 27, 2008 Manager Subway Store By fax RE: Subway/Blue Canoe at 313 Highland Avenue Byfax 978-745-8701 Dear Karen, I have reviewed the plans submitted for the Building Permit Application and inspected the actual building. I am not aware of any Building Code or Zoning Regulation that would prevent you from installing approximately 8-10 stools at the counter that exists at the front of your store. Sierely, 6 homas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 w r, fatty of �tticm, ,_�2285tIClilISPttB RE:Cr-II Y. • s -Bnttra of Atr}ienl - '91 APR -3 P3 :07 DECISION ON THE PETITION OF TONY LENA (PETITIONER) LOYAL ORDER--OF _ MOOSE (OWNERS) FOR VARIANCE FROM SIGN ORDINANCE FOR613 RffiYjLGrfD�)At�E Gf�efi) A hearing on this petition was held March 20, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio and Mary Jane Stirgwolt. 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 4OA. The Petitioner is requesting a Variance-from-theCity of Salem Sign Ordinance to allow a roof top sign at313 Highland Avenue,,property is located in the Business Park Development Dstr-ict—(-BPD-) The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building, or structure involved and which are not generally affecting other lands, buildings and structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to .the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . There is an existing roof sign which has been at this location for many years. 2. The existing sign was erected by the former owners without benefit of a building permit. 3. There will be no structural change in the sign, the only change will be in the lettering. 4. The property is located in the Entrance Corridor Overlay District. 5. There was no opposition presented. DECISION ON THE PETITION OF TONY LENA (PETITIONER) , LOYAL ORDER OF MOOSE (OWNERS) FOR A VARIANCE FROM THE SIGN ORDINANCE FOR 313 HIGHLAND AVE. , SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner. 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the punpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Variance requested, subject to the following conditions: 1 . All construction be done in-.accordance with all local and state building codes. 2. All construction be done as per the plans and dimensions submitted. 3. All requirement of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. A Sign Permit be obtained. 5. The proposed sign have no flashing lights. 6. Petitioner must obtain the approval of any other department, board or commission that has jurisdiction, including but not limited to the Design Review Board. 7.r -Pet"ioner get approval of the Sign Review Committee which has the 5-?resggnsibility of reviewing all signage for the Entrance Corridor Overlay 2 isttjj t (ECOD) =- VaE�+anc�ranted C.: Mar�tl 2�,tt991 91 Richard Febonio, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,If any, shall be made pursuant to Section 17 of the Mass. General laws, Chapter 808,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. F:.rsuant to Mass. Generat,Laws, Chapter 808, Section 11, the Variance Psrmit granted herein shall not take effect until a copy of the -kion, Leal ri n3 the certification of the City Clerk that 20 days have .,pse^, an' no appeal has been filed, or that, if such appeal hos been that i' has been dismissed or denied is recorded in the South Essex Registry of Dabds and indexed under the name or the owner of record 9r is recorded and noted On the owner's Certificate of TRIO. BOARD OF APPEAL GREEN ENVIRONMENTAL January 14, 2008 CONSULTING SERVICES Mr. Thomas J. St. Pierre Inspectional Services Director Building Code Enforcement Official 120 Washington Street, 3rd Floor Salem, MA 01970 RE: 313-323 Highland Avenue, Salem,MA CONTRACTING Dear Mr. St. Pierre: SERVICES The purpose of this letter is to inform you that on December 19, 2007, a Notice of Activity and Use Limitation("AUL"), a copy of which is enclosed, was recorded with the Southern Essex District Registry of Deeds. The AUL affects the property located at 313-323 Highland Avenue in Salem, Massachusetts. It identifies certain activities and uses which are inconsistent with maintaining a condition of No Significant Risk at the subject property. Such activities and uses are so identified in order to prevent exposures to WASTE contaminants detected in the fill located at the property. The AUL identifies those MANAGEMENT activities and uses which are consistent with maintaining a condition of No Significant Risk and those obligations and conditions necessary to ensure that a condition of No Significant Risk continues to exist at the property for the foreseeable future. The Notice of Activity and Use Limitation Opinion was published in the Legal Advertising Section of the Salem News on January 10, 2008; a copy is attached including a Site Plan (Exhibit B). A Class A-3 Response Action Outcome (RAO), which includes the filed AUL, is being submitted to the Massachusetts Department of Environmental Protection(MassDEP). CIVIL This public notification is being provided pursuant to the Massachusetts Contingency Plan, ENGINEERING 310 CMR 40.1090 and 310 CMR 40.1403(7)(a). The RAO document can be reviewed at the Northeast Regional Office of the MassDEP located at 205B Lowell Street,Wilmington, MA 01887. If you have any questions, please contact Philip Pastan of Richmond Highland Salem, LLC at(978) 988-3900. Sincerely, GREEN ENVIRONMENTAL, INC. SITE DESIGN (�/Y�� Obert J`.�LAevevt', P.G. Division Manager Enclosure: Notice of AUL RAO Statement Copy to: DEP,Northeast Regional Office(letter only) 52 Accord Park Drive William J. Betters, P.G., LSP (letter only) Norwell,MA 02061 Phone:(617)479-0550 Fax:(617)479-5150 www.greenenvironmental.com Ii AUL Forms s 4 4 t r. ( , r `J / 310 CMR 40.1099 � � IIIIIIIIIIIIIIIIilllllllllllllllllllillll �( 2007121900398 dk:27403 Pg:240 - Form 1075 12/19/2007 14:29:00 OTHER Ps 1116 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c.21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 313-323 Highland Avenue Salem MA DEP Release Tracking No.(s): 3-25114.3-26662. 3-26563 This Notice of Activity and Use Limitation ("Notice") is made as of this y of December,2007,by Richmond Highland Salem,LLC,23 Concord Street,Wihnington MA 01887 address of together with his/her/its/their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS, Richmond Highland Salem, LLC is the owner(s) in fee simple of those certain parcels of land located in Salem,Essex County,Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County Registry of Deeds in Book 25627 Page 48•and Certificate of Title No. 79535 issued by the Southern Essex County Registry District of the Land Court; WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity and Use Limitation. The Property is shown as Lot 736 on Land Court Plan No. 11802-59, a copy of which is filed with the Southern Essex County Registry District of the Land Court with Certificate of Title No.29365 and Certificate of Title No.44569,and a parcel of recorded land shown as a triangular lot lying between Lot 675 and Highland Avenue on Land Court Plan No. 11802-33 and described on a deed recorded with the Essex County Registry of Deeds in Book 25627,page 48. WHEREAS,the Property comprises the entire disposal site as the result of a release ofoil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits ofthe Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made apart hereof; and WHEREAS, one or more response actions have been selected for[the Disposal Site in accordance with M.G.L.c.21E("Chapter 21E")and the Massachusetts Contingency Plan,310 CMR40.0000 ("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or(b)the restriction of certain activities occurring in,on,through,over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"),dated Ntei• bei-1k,Z00:7 (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted (by brackets p) in the form itself. 3/24/06. (Effective 4/3/06) I IIII IIIIIII IIIIIII I I I II 485174 (79635) Bteh.225310 Southern Essex Distriot Registry 17 12/19/2007 02:13 PM NOTICESC P. 1 AUL Forms 310 CMR 40.1099 \� I I IIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIII 2001121900398 Bk,21403 Pg.240 Form 1.0755 12/19/2007 14:29:00 OTHER Pe 1/16 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L.c. 21 E, § 6 and 310 CMR 40.0000 Disposal Site Name:313-323 Highland Avenue, Salem MA DEP Release Tracking No.(s): 3-25114,3-26662,3-26563 This Notice of Activity and Use Limitation ("Notice") is made as of this ay of December,2007,by Richmond Highland Salem,LLC,23 Concord Street,Wilmington,MA 01887 ad ess of together with his/her/its/their successors and assigns(collectively"Owner"). WITNESSETH: WHEREAS,Richmond Highland Salem, LLC is the owner(s) in fee simple of those certain parcels of land located in Salem,Essex County,Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Essex County Registry of Deeds in Book 25627.Page 48;and Certificate of Title No. 79535 issued by the Southern Essex County Registry District of the Land Court; WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A,attached hereto and made a part hereof("Property")is subject to this Notice of Activity and Use Limitation. The Property is shown as Lot 736 on Land Court Plan No. 11802-59, a copy of which is filed with the Southern Essex County Registry District of the Land Court with Certificate of Title No.29365 and Certificate of Title No.44569,and a parcel of recorded land shown as a triangular lot lying between Lot 675 and Highland Avenue on Land Court Plan No. 11802-33 and described on a deed recorded with the Essex County Registry of Deeds in Book 25627,page 48. WHEREAS,the Property comprises the entire disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits ofthe Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for[the Disposal Site in accordance with M.G.L.c.2 1 E("Chapter 21 E")and the Massachusetts Contingency Plan,310 CMR 40.0000 ("MCP"). Said response actions are based upon(a)the restriction of human access to and contact with oil and/or hazardous material in soil and/or(b)the restriction of certain activities occurring in,on,through,over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"),dated Do—e %574&-(q,ZC07- (which is attached hereto as Exhibit C and made a part hereof); NOW,THEREFORE,notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted(by brackets a) in the form itself. 3/24/06 (Effective 4/3/06) I I I I II IIIIIIII III III 485174 -(79535) 8tch:225310 f 1 AUL Forms 310 CMR 40.1099 1. Activities and Uses Consistent with the AUL Opinion. 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 Property: (i) Use ofthe site for commercial or industrial purposes and associated activities,including but not limited to vehicular and pedestrian traffic,landscape maintenance,and routine maintenance, which does not cause disturbance or relocation of contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels,geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface; (ii)Excavation associated with short-term(six months or less)underground utility construction, general construction,or landscape installation,which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels,geotextile,or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths ofthe bedrock interface provided that it is conducted in accordance with a Soil ManagememPlan("SMP')and Health and Safety Plan("HSP')prepared and implemented in accordance with Obligations(i) _ and(ii)of the Notice,and provided that such excavation is conducted in accordance with the provisions established at 310 CMR 40.1080, as applicable, prepared and implemented in accordance with the MCP and Obligation (iii) of the Notice; and, the soil is managed in accordance with the regulations set forth in the MCP,310 CMR 40.0000; (iii) Excavation associated with long-term(greater than six months)underground utility and/or construction which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top ofthe contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface; provided that it is conducted in accordance with a SMP and a HSP prepared and implemented in accordance with Obligations (i) and (ii) of the Notice, and conducted in accordance with the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation(iii)ofthe Notice prior to the commencement of such activity; and which, in the opinion of a Licensed Site Professional (LSP) shall present no greater risk of harm to health, safety, public welfare or the environment than permitted activities set forth in this paragraph; (iv) The placement of occupied,non-residential structures at any location on the Site; (v)The placement ofnew fill or other materials above the existing contaminated soil and/or fill materials following the installation of labeled warning strips, geotextile or other material or device that will permanently indicate the top of the existing soil and/or fill materials at the property; (vi) Such other activities or uses which, in the Opinion of an LSP,shall present no greater risk of harm to health,safety,public welfare or the environment than the activities and uses set forth in this Paragraph; and (vi) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted (by brackets 0)in the form itself. 3/24/06 (Effective 4/3/06) AUL Forms 310 CMR 40.1099 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property,may result in a significant risk of harm to health,safety,public welfare or the environment or in a substantial hazard,are as follows: (i)Use of the property as a residence,school(with the exception of adult education),nursery, daycare,recreational area(such as a park or playground),and/or any other use at which children may be present at a high frequency and high intensity,in terms of soil disturbance,of use; (ii) Any long-term(greater than six months)underground utility and/or construction which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface without the prior development and implementation of a SMP and a HSP in accordance with Obligations(i)and(ii)of the Notice, and conducted in accordance with the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation(iii)of the Notice,and the preparation of an opinion of an LSP that these activities shall present no greater risk of harm to health, safety, public welfare or the environment than permitted activities set forth in paragraph 1. of the Notice; (iii) Activities and/or uses which are likely to involve the removal and/or disturbance of the contaminated soil and fill materials without prior development of a SMP and HSP Plan in accordance with Obligations(i.)and(ii.)of the Notice and AUL Opinion,and the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation(iii)of the Notice,and the preparation of an opinion of an LSP that these activities and/or uses shall present no greater risk of harm to health,safety,public welfare or the environment than permitted activities set forth in paragraph 1. of the Notice; (iv) The placement of a residential structure at any location on the Site;and (v) Relocation of the contaminated soil and fill materials from the AUL area unless an LSP renders an opinion that states that such relocation is consistent with maintaining a condition of No Significant Risk. (vi) The placement of new fill or other materials above the contaminated soil and/or fill materials without the installation of labeled warning strips,geotextile or other material or device that will permanently indicate the interface of the existing soil and/or fill materials with new materials at the property. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A SMP must be prepared by an LSP and implemented prior to the initiation of any planned subsurface activity(e.g.non-emergency utility work or construction)within the designated AUL area, which will involve the removal and/or disturbance of the contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths ofthe bedrock The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted (by brackets[]) in the form itself. 3/24/06 (Effective 4/3/06) • AUL Forms 310 CMR 40.1099 interface. The SMP should describe appropriate soil excavation,handling,storage,transport, and disposal procedures and include a description ofthe engineering controls and airmonitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates or vapors. On-site workers must be informed ofthe requirements of the SMP,and the plan must be available on-site throughout the course of the project;and (ii) A HSP must be prepared by a Certified Industrial Hygienist,or other qualified individual sufficiently trained in worker health and safety requirements and be implemented prior to initiation of any subsurface activity within the designated AUL area,which may involve the removal and/or disturbance of the contaminated soil and fill materials located from two feet - below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top ofthe contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface. The plan should clearly describe the location of the impacted soil and specifically identify the types of personal protection equipment, monitoring devices,and engineering controls necessary to ensure that workers or other potential receptors are not exposed to the impacted soils at the site through direct contact,ingestion,and/or inhalation of vapors. Workers who may come in contact with the metals-contaminated soil must be informed of the location ofthe contamination and all requirements of the HSP. The plan must be available on Site during the project; (iii) Reporting requirements and documentation of site activities regulated under the provisions established at 310 CMR 40.1080 and the MCP, must be prepared by an LSP, as applicable and be implemented in accordance with the MCP prior to the initiation of any planned subsurface activity(e.g.non-emergency utility work or construction)within the designated AUL area,which will involve the removal and/or disturbance of the contaminated soil or fill material located from the existing surface at the property(or beneath existing pavement)to the approximate depths ofthe bedrock interface. The RAM Plan or Phase IV RIP should describe appropriate soil excavation,handling,storage,transport,and disposal procedures and include a description ofthe engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitivedust or particulates or vapors,and the planned management of all remedial wastes,including excavated soil or fill materials. (iv) Labeled warning strips,geotextile or other material or device that will permanently indicate the interface of the contaminated soil and/or fill materials with new materials at the property must be installed prior to the placement of new fill or other materials above the existing contaminated soil and/or fill material. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion,in accordance with 310 CMR 40.1080 et seq.,as to whether the proposed changes will present a significant risk of harm to health,safety,public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities,uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety,public welfare,or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted(by brackets 0 ) in the form itself. 3/24/06 (Effective 4/3/06) AUL Forms 310 CMR 40.1099 40.1080 et seq.,and without additional response actions,if necessary,to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq.,the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds Mortgages Leases and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds,easements,mortgages, leases,licenses,occupancy agreements or any other instrument oftransfer,whereby an interest in and/or a right to use the Property or a portion thereof is conveyed: Owner hereby authorizes and consents-to the filing and recordation and/or registration of this Notice,said Notice to become effective when executed under seal by the undersigned LSP,and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WITNESS the execution hereof under seal this.. day of "007 Richmond Highland Salem LLC 23 Concord Street ilmin on MA 0188 r i2 Res-rart-1 COMMONWEALTH OFiGIASSAC I ^ S J ill �I�S ss 2007 H �dZ On thisday-of X2007-. before me; the undersigned notary public, personality appeared a, {w (name of document sig<ier),prov d to me through satisfactory evidence of identification,which e-s e e^ o be the person whose n e is .gned on the preceding or attached document,and acknow edged to me that(he) signed voluntarily for its stated purpose ana er for Richmond i land Salem LLC a Limited Liabili Com an (offici signature and seal of notary) NOIryl4�01iC OP WM1CilU - WYCaa6pM�a V The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted (by brackets[]) in the form itself. 3/24/06 (Effective 4/3/06) • AUL Forms 310 CMR 40.1099 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation its consistent with the terms set forth in said Activity and Use Limitation Opiion Date: z ( 6 AW1NBettersNo. 3 COMMONWEALTH OF MASSACHUSETTS 6S e/ ' ss Dec_ N_2007 On this IyFl+ day of brcew ber ,2007,before me,the undersigned notary public,personally appeared lt/'l/,yw, -:: 6'eocr S (name of document signer), proved to me through satisfactory evidence of identification, which were AA 19rr['e.S I er4m 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 Licensed Site Professional for Green Environmental Inc. official signature and seal of notary) NotaCOAAMONWEALLTTN OF gMA�SA My COmmjnion E,,*n Upon recording,return to: Philip Pastan,Manager Richmond Highland Salem, LLC 23 Concord Street,Wilmington MA 01887 Robert Leventry Green Environmental 52 Accord Park Drive Norwell,MA 02061 The language in these forms are part of promulgated regulations and cannot be modified in any way unless so noted (by brackets a) in the form itself. 3/24/06 (Effective 4/3/06) Exhibit A Legal Description of Property Subject to Notice of Activity and Use Limitation Two certain parcels of land situated in Salem in the County of Essex and Commonwealth of Massachusetts,bounded and described as follows: Parcel 1. Registered Land: The land at 319 Highland Avenue, Salem, Essex County, Massachusetts being shown as Lot 736, shown on Land Court Plan No. 11802-59, filed October 1.4, 2005, a copy of which is filed with the Essex South District Registry of the Land Court with Certificate of Title No. 29365, and Certificate of Title No. 44569. Parcel 2.Recorded Land: Parcel of recorded land shown as a triangular Lot lying between Lot 675 and Highland Avenue on Land Court Plan No. 11802-33 and bounded and described as follows: Beginning at a point on the Southerly line of Highland Avenue, thence continuing on the Southerly line of Highland Avenue NORTHEASTERLY sixty and 59/100 (60.59) feet to a point at the parcel first above described by Lot 675,thence turning and running in a SOUTHWESTERLY direction by said Lot 675, sixty-four and 86/100 (64.86)feet to a point; thence turning and running in a NORTHWESTERLY direction by land now or formerly of Grasso,twenty one and 28/100 (21.28) feet to the Southerly line of Highland Avenue and the point of beginning. Being the entire property, as shown on the above referenced plans, and the area"Subject to the Notice of Activity and Use Limitation". AUL & DISPO�STALIt 0 / I •R , %0.W b r , :" .•' 1 IE I' , 1 I • ,� I h t l ° C a Cr a.vu m HIGHLAND AVENUE ROUTE 107 s t �6RA IiA GREEN EXHIBIT B nGURE EXHIBIT a SCALE:NTS ENVIRONMENTAL. PROJECT N0-,6474-104 Green Environmental Ina, 52 Accord Park Drive, Norwell, MA 02061 319&323 HIGHLAND AVENUE (ROUTE 107) APPROVED ErY;RL. Telephone ;(617) 479-0550 Fox (6T7) 479-5150 SALEM, MASSACHUSETTS CHECKED AY:RL.. www:GreenEnvironmbntdLaom - RICHMOND SALEM COMPANY DRAWN..&., n En9inedring and` Envirop!r"t01;,Services. :;code o6doW'5474—Io;%:uroR,a .. _ 9 Afik�GREEN ENVIRONMENTAL,INC. EIiHI[BIT C ACTIVITY AND USE LIMITATION OPINION for RTNs 3-25114&3-26563 313-323 Highland Avenue Salem,MA In accordance:with the requirements of 310 CMR 40.1074, this Activity and Use Limitation Opinion ("AUL Opinion")has been prepared to support a Notice of Activity and Use Limitation("Notice")for the Disposal Site with the address of 313-323 Highland Avenue, Salem,Massachusetts. As described in Exhibit A and illustrated by Exhibit B, attached to the Notice, the property subject to this AUL Opinion is identified as Lot 736 on Land Court Plan No. 11802-59, a copy of which is filed with the Essex (South) District Registry of the Land Court with Certificate of Title No. 29365 and Certificate of Title No. 44569, and a parcel of recorded land shown as a triangular lot lying between Lot 675 and Highland Avenue on Land Court Plan No. 11802-33 and described on a deed recorded with the Essex County Registry of Deeds in Book 25627, Page 48. The property consists of one single-story building currently operated as gasoline station, convenience store, and bank; paved parking areas, and undeveloped, filled land. The property contains an area of approximately +/- 1.783 acres and is zoned commercial. Utilities within the limits of the Site include natural gas,municipal water and sewer. Site History A preliminary environmental site assessment(ESA)and limited subsurface investigation were performed at 313-323 Highland Avenue in Salem,Massachusetts beginning in 2003 on behalf of a potential buyer of the property. Subsurface soil sampling during June and October 2003 assessment programs indicated that concentrations of barium and lead exceeded applicable Massachusetts Contingency Plan (MCP) RCS-1 Reportable Concentrations in two soil samples. Groundwater was not encountered in borings, some with monitoring wells installed, to depths of 26 to 45 feet below grade. The October 2003 assessment of the property included a boring drilled approximately 33 feet into bedrock (45 feet below grade), which did not encounter groundwater. In March 2006 a bedrock monitoring well was installed at the site in an effort to obtain current groundwater quality data. The well was installed to a depth of 91 feet below grade (approximately 77 feet into bedrock) at a location in the approximate center of the Site. The boring/monitoring well did not encounter groundwater. In June 2005 GREEN oversaw the advancement of nine test pits across the Property, advanced to depths ranging from three to twelve feet below grade. Soil or fill samples were collected at each location in an effort to provide information on the absence or presence of Site specific oil and/or hazardous materials (OHM). Selected samples were submitted to a state certified laboratory for analysis for RCRA 8 metals, Volatile Petroleum Hydrocarbons (VPH), and Extractable Petroleum Hydrocarbons (EPH.) Low to non- detectable concentrations of VPH, EPH and most metals were identified in the June 2005 soil samples. Barium was detected at concentrations below the Massachusetts Contingency Plan Reportable Concentration(MCP RCS-1)threshold. Lead was detected at elevated concentrations in a majority of the 2005 test pit samples. Fill materials were observed in varying thicknesses across the Site. In the majority Page 1 E)GMIT C—Activity and Use Limitation Opinion November 2007 313-323 Highland Ave.,Salem,MA RTNs 3-25114&3-26563 of subsurface explorations, soil mixed with fill materials was detected at or near the existing surface, or below existing pavement,to the approximate depths of refusal. At some locations,a glacial till soil strata was observed over the bedrock. The results of the initial and confirmatory site investigations were provided to the former owner of the property, the Loyal Order of the Moose, in July 2005. The Massachusetts Department of Environmental Protection..(MassDEP) was notified of the presence of barium and lead at levels above the MCP RCS-1 concentrations on August 8,2005;and subsequently assigned Release Tracking Number(RTN)3-25114. In May 2006, Richmond Highland Salem, LLC assumed ownership of the property and conducted response actions under the Massachusetts Contingency Plan. Ransom Environmental Consultants, Inc. (RANSOM)was retained by Irving Oil Corporation to conduct a Release Abatement Measure(RAM)on the Property,to support construction activities. RAM activities were completed under WIN 3-25114 to address the on-site management and off--site transport of impacted soil encountered during construction activities. During soil pre-characterization activities completed by RANSOM, polychlorinated biphenyls(PCBs)were detected within the ash fill observed on the Property. The detection of PCBs in soil above applicable MCP reportable concentrations,. by RANSOM, represented a new 120-day reporting condition. Richmond Highland Salem,LLC subsequently submitted a Release Notification Form to the MassDEP on January 26,2007. Utilizing the results of assessment activities at the Site, completed between June.2003 and September 2006, GREEN conducted an MCP Method 3 Risk.Characterization to evaluate risks to human health, public welfare and the environment posed by the contamination at the. Site. The Method 3 risk characterization concluded that a condition of No Significant Risk exists at the Site for existing and future commercial uses, but that future Site uses for residential purposes should be prohibited and access to the fill materials on Site should be restricted. Reason for Activity and Use Limitation A Method 3,Risk Characterization was conducted to determine whether the concentrations of additional contaminants detected in the fill on the property in 2006 pose a significant risk of harm to human health, public welfare or the environment. The risk assessment concluded that a condition of"No Significant Risk", as defined in the MCP, exists for current or future commercial use of the Site. Groundwater . exposure point concentrations(EPCs)have not been developed due to groundwater not being identified in the soil overlying bedrock or to depths of 77 feet into.rock(91 feet below the ground surface); however, the application of leaching models to the Site-specific soil concentrations of metals does not indicate contaminant migration to groundwater will occur at the site. However, the Method 3 risk characterization shows that the Cumulative Hazard index for child residents is above the acceptable MCP threshold,and the Excess Lifetime Cancer Risk(ELCR)for child and adult residents is above the acceptable MCP threshold. Therefore, a level of No Significant Risk cannot be supported for future unrestricted, and reasonably foreseeable residential Site use. In order to achieve a level of No Significant Risk for any future, foreseeable Site uses and activities, an Activity and Use Limitation is necessary to ensure that the soil and fill located beneath the Site remains inaccessible to residents and children and potential exposure pathways remain incomplete to prevent exposures that may pose a Significant Risk to sensitive receptors. Permitted Site Activities and Uses: Page 2 E)G]IBIT C—Activity and Use Limitation Opinion November 2007 313-323 Highland Ave.,Salem,MA RTNs 3-25114&3-26563 (i) Use of the site for commercial or industrial purposes and associated activities,including but not limited to vehicular and pedestrian traffic, landscape maintenance, and routine maintenance, which does not cause disturbance or relocation of contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface; (ii) Excavation associated with short-term (six months or less) underground utility construction, general construction, or landscape installation, which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, .or other material or device that permanently locates the top of the contaminated soil and/or fill.materials at the property to the approximate depths of the bedrock interface provided that it is conducted in accordance with a Soil Management Plan ("SMP") and Health and Safety Plan ("HSP") prepared and implemented in accordance with Obligations (i) and (ii) of the Notice, and provided that such excavation is conducted in accordance with the provisions established at 310 CMR 40.1080, as applicable, prepared and implemented in accordance with the MCP and Obligation(iii)of the Notice;and,the soil is managed in accordance with the regulations set forth in the MCP,310 CMR 40.0000; (iii) Excavation associated with long-term (greater than six months) underground utility and/or construction which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface, provided that it is conducted in accordance with a SMP and a HSP prepared and implemented in accordance with Obligations (i) and (ii) of the Notice, and conducted in accordance with the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation(iii) of the Notice prior to the commencement of such activity; and which, in the opinion of a Licensed Site Professional (LSP) shall present no greater risk of harm to health, safety, public welfare or the environment than permitted activities set forth in this paragraph; (iv) The placement of occupied,non-residential structures at any location on the Site; (v)The placement of new fill or other materials above the existing contaminated soil and/or fill materials following the installation of labeled warning strips,geotextile or other material or device that will permanently indicate the top of the existing soil and/or fill materials at the property; (vi) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health,safety,public welfare or the environment than the activities and uses set forth in this Paragraph; and (vii) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. Page 3 EXHIBIT C—Activity and Use Limitation Opinion November 2007 313-323 Highland Ave.,Salem,MA RTNs 3-25114&3-26563 Restricted Site Activities and Uses (i) Use of the property as a residence, school (with the exception of adult education), nursery, daycare, recreational area (such as a park or playground), and/or any other use at which children may be present at a high frequency and high intensity, in terms of soil disturbance,of use; (ii) Any long-term(greater than six months)underground utility and/or construction which is likely to disturb contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile,or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface without the prior development and implementation of a SMP and a HSP in accordance with Obligations (i) and (ii) of the Notice, and conducted in accordance with the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation (iii) of the.Notice, and the preparation of an opinion of an LSP that these activities shall present no greater risk of harm to health, safety, public welfare or the environment than permitted activities set forth in paragraph 1. of the Notice; (iii) Activities and/or uses which are likely to involve the removal and/or disturbance of the contaminated soil and fill materials without prior development of a SMP and HSP Plan in accordance with Obligations(i.)and(ii.)of the Notice and AUL Opinion,and the provisions established at 310 CMR 40.1080 and/or the MCP and Obligation(iii) of the Notice,and the preparation of an opinion of an LSP that these activities and/or uses shall present no greater risk of harm to health, safety, public welfare or the environment than permitted activities set forth in paragraph 1.of the Notice; (iv) The placement of a residential structure at any location,on the Site;and (v) Relocation of the contaminated soil and fill materials from the AUL area unless an LSP renders an opinion that states that such relocation is consistent with maintaining a condition of No Significant Risk. (vi) The placement of new fill or other materials above the contaminated soil and/or fill materials without the installation of labeled warning strips, geotextile or other material or device that will permanently indicate the interface of the existing soil and/or fill materials with new materials at the property. Page 4 I � EXHIBIT C—Activity and Use Limitation Opinion November 2007 313-323 Highland Ave.,Salem,MA RTNs 3-25114&3-26563 Obligations and Conditions: (i) A SMP must be prepared by an LSP and implemented prior to the initiation of any planned subsurface activity (e.g. non-emergency utility work or construction) within the designated AUL area, which will involve the removal and/or disturbance of the contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the.approximate depths of the bedrock interface. The SMP should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in,the vicinity are not affected by fugitive dust or particulates or vapors. On-site workers must be informed of the requirements of the SMP, and the plan must be available on-site throughout the course of the project and (ii) A HSP must be prepared by a Certified Industrial Hygienist, or other qualified individual sufficiently trained in worker health and safety requirements and be implemented Prior to initiation of any subsurface activity within the designated AUL area, which may involve the removal and/or disturbance of the contaminated soil and fill materials located from two feet below surface grade or depths beneath the existing warning labels, geotextile, or other material or device that permanently locates the top of the contaminated soil and/or fill materials at the property to the approximate depths of the bedrock interface. The plan should clearly describe the location of the impacted soil and specifically identify the types of personal protection equipment, monitoring devices, and engineering controls necessary to ensure that workers or other potential receptors are not exposed to the impacted soils at the site through direct contact, ingestion, and/or inhalation of vapors. Workers who may come:in contact with the metals-contaminated soil must be informed of the location of the contamination and all requirements of the HSP. The plan must be available on Site during the project; (iii) Reporting requirements and documentation of site activities regulated under the provisions established at 310 CMR 40.1080 and the MCP, must be prepared by an LSP, as applicable and be implemented in accordance with the MCP prior to the initiation of any planned subsurface activity (e.g. non-emergency utility work or construction) within the designated AUL area, which will involve the removal and/or disturbance of the contaminated soil or fill material located from the existing surface at the property (or beneath existing pavement)to the approximate depths of the bedrock interface. The RAM Plan or Phase N RIP should describe appropriate soil excavation, handling, storage, transport, and disposal procedures and include a description of the engineering controls and air monitoring procedures necessary to ensure that workers and receptors in the vicinity are not affected by fugitive dust or particulates or vapors, and the planned management of all remedial wastes,including excavated soil or fill materials. (iv) Labeled warning strips, geotextile or other material or device that will permanently indicate the interface of the contaminated soil and/or fill materials with new materials at the property must be installed prior to the placement of new fill or other materials above the existing contaminated soil and/or fill material. Page 5 r EXHIBIT C—Activity and Use Limitation Opinion November 2007 313-323 Highland Ave.,Salem,MA RTNs 3-25114&3-26563 LSP Opinion In the opinion of William J. Betters, P.G., LSP, a condition of No Significant Risk to health, safety, public welfare orthe environment exists at the Site for any foreseeable period of time, as defined at 310 CMR 400.1005 r(/ that the above AUL requirements are met and maintained. i 2 / 2007 William J.B ers, .G.,LSP Date Licensed Site Professional 43163 5474/5474-1024tA0/NAUL docs/11-28-07 AUL Opinion.doc Page 6 r � RESPONSE ACTION OUTCOME STATEMENT Green Environmental, Inc. (GREEN) has been retained to provide environmental consulting services for the release at 313-323 Highland Ave. (Route 107) in Salem, MA. On behalf of Richmond Highland Salem, LLC, GREEN has prepared a revised Response Action Outcome (RAO) Statement for Release Tracking Numbers (RTN) 3-25114 and 3- 26563 for the release Site located at 313-323 Highland Ave, Salem, Massachusetts (hereinafter, the Site). The RAO Statement was prepared in accordance with the Massachusetts Contingency Plan (MCP.) A Method 3 risk characterization was completed, which concluded that a condition of No Significant Risk (NSR) exists for current and foreseeable future Site commercial activities, but that an Activity Use Limitation (AUL) is required to prohibit certain future Site activities and uses. No further response actions are necessary at this Site as response actions described above have documented a level of No Significant Risk. A Permanent Solution has been achieved and no uncontrolled sources remain on the Site. Site conditions meet the requirements of a Class A-3 Response Action Outcome pursuant to 310 CMR 40.1036(3). These requirements are as follows: • A Permanent Solution has been achieved (no further action required); • The level of OHM in the environment has not been reduced to background; and • A condition of No Significant Risk for current and planned future redevelopment conditions is present at the Site; however a condition of No Significant Risk is not present for a hypothetical future child or adult resident. Therefore, an AUL has been implemented on the Site to prohibit this exposure potential. Certificate No: 989-06 Building Permit No.: 989-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0323 HIGHLAND AVENUE in the CITY OF SALEM Address Townt0ty Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CONVIENCE STORE & GAS STATION This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires -- ----------------------------------------- unless sooner suspended or revoked. Expiration Date Issued On: Wed May 9,2007 ----- ---- ---------- b GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. --------------------------------------- -----------------------------------"----- F W 4 9"" _"gy 0323 HIGHLAND AVENUE GIS#: 53 COMMONWEALTH OF MASSACHUSET'li'S Map: 08 CITY OF SALEM Block: Lot: ; 0146 Category: Permit# 989-06 BUILDING PERMIT Project# JS-2006-1905 Est.Cost: $1,20[9,000.00 Fee Charged: $13;205.00 Valance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const:Class: Contractor: License: Use Group_ _ Alliance Construction STATE-CS067782 `Lot Size(sq. ft.)-.';30061 Owner: Richmond Company The ;_I.'.#:.�. :JRP _ Um[s Gained: Apptieant: kichtnonu Company Y re Units Lost: AT: 03'23 HIGHLAND AVENUE Dig Safe #: 07-Jun-2006 AMEA'DE,D ON: EXPIRES ON: 07-Nov-2006 ISSUD ON: — _ TG1 PERFORM THE FOLLOWING WORK: Coustruclion Of Convenience Store&Gas Station&Bank(PER PLANNING BOARD APPROVAL) POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric f as In bin- Ruddmg Service: In'teler: ,,11 Footings: / / �/, �} �X' Rough: et�' F•oundation: Rongh:%r��–O� Rough: chi-�_ I— AQJIi�` C}t!. ( �' �y * Final: Final: ` Final:Qk`.3/�g�.JO O Rough Frame: G+ Fireplace/Chi e31 - D.P.W. Fire Health J/ Insolation• /� h- i\Icter. Oil: D' •n/m Final: Gy/!lJ/r��'"' [louse# Smoke: `J h� U/y!�j/7 Treas r : l� l a Nater: iI Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOL ION O O TS RULES AND REGULA'T'IONS. �jrr Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2000-002555 07-Jun-06 12820 $13,205. 00 Complr:gr(tsl vt ['104: 1'rl(N1W CA,81 �:[•dl•MS®2006 Des Lauriers Municipal Solutions,Inc. Ad A ♦ ` P • 'ice •�;: z .. , a vy YSYYE AO fy CITY OF SALEM BUILDING PERMIT • 6y - o ins CITY OF SALEM ROUTING SLIP NEW CONSTRUCTION CERTIFICATE OF OCCUPANCY , I LOCATION: 313 2 3 N 1(01-1 Ll��&f:t. DATE �l /0 7 APPLICANT: ALL) AMC I COPST(ZVCTIOAJ 1 9 ASSESSORSCJI e DATE: `L FRANK KULIK (93 Washington Street CITY CLERK CHERYL LAPOINTE�.'', ° DATE: O (93 Washington Street) PUBLICE SERVICES BRUCE THIBODEAU DATE: �/ (120 Washington Street) "Floor /_ �� S ��i)�s `€J 6�)ji V WATER �el DOTTIE THIBODEAU DATE: /Q. r? (120 Washington Street)4°Fb r CROSS CONNECT SUP so BRIAN THIBODEAUT (5 Jefferson Avenue) PLANNING D ATE: d.•-ro (120 Washington Street m CONSERVATION COM ION DATE: 3 d� 1 U (120 Washington Street)and Floor ELECTRICAL JOHN GIARDI DATE.,-� (48 Lafayette Str ) FIRE PRE ON d ERIN GRIFFIN DATE: (29 Fort Avenue) HEALTH JOANNE SCOTT DATE: `� O (120 Washington S _. t) Floor BUILDING THOMAS ST.PIERRE DATE: S (120 Washington Street rd --------------- Certificate No: 989-06 Building Permit No.: 989-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS.................. located at Dwelling Type L2OO7 D AVENUE in the CITY OF SALEM ----------- ----- ----- ----- - -- ----_-_--Aodress--..-----_.-_--.--._-._-.._. Tow VCity Name EREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CONVIENCE STORE & GAS STATION This permit is granted in conformity with the Statutes and ordinances relating thereto, and pires ----_---"_---------- "--._".-_.--.- ---- unless sooner suspended or revoked. Expiration Date __---_--.__.- V ' :Wed May 9,2007 uders Municipal Solutions,Inc. Certificate No: 361-07 Building Permit No.: 361-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at Dwelling Type 0313 HIGHLAND AVENUE in the CITY OF SALEM ----------- --------------- Address Town/Gity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT IS FOR THE NORTH SHORE BANK This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ilft Issued On:Tue May 1,2007 - -- � ___ �c:, GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. -------------- ___ ✓__v - �f�//� V I , I ��;a '9��/Q• ��, �� p� a V, �I `�? �,�5 i 0313 HIGHLAND AVENUE 361-07 / GIs#: 1275 COMMONWEALTH OF MASSACHUSETTS Map 08 Block: CITY OF SALEM Lot- 0145=302 Category: Tennant Fit Up. Permit# 36107 BUILDING PERMIT Project# JS-2007-000508 Est. Cost: $205,000.00 Fee Charged: $2,260:00 Balance Due: $.00PERMISSION IS HEREBY GRANTED TO: Const.Class:. Contractor: License: Expires Use Group:. MACLEOD EROS CONSTRUCTION CONSTRUCTIO SUPERVISOR-031658 Lot Size(sq. ft.): 52272 Zoning: Bp . OWneY: Irving Oil Corporation Units Gained: Apph(.CIRt: D^.AC r FOi ^^.0 G'7.S i P ' jUmts Lost: SAT: 03:3 HILIH.AND AVENUE Dig Safe#: ISSUED ON: 25-Oct-2006 AMENDED ON: EXPIRES ON: 25-Apr-2007 TO PERFORM THE FOLLOWING WORK: TENNANT FIT-UP CONSTRUCT BANK @ IRVING OIL W/DRIVE THROUGH WINDOW POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbine iBuilding Underground: - Undc.ground: Ureround; I sea:^cio_e Service: Meter: Footings: Rou is//-/J-c Gv /1. L ugh:Q(l'�`� Rough �Y'I�'(i � Foundation: (�// 1-4-10 Final: Final: F.'naI: t'1x lj0(_`r.t7IaZSJ d�S, Rough Frame: �K ,rl f 11/1]/� _A�07 7- t� " 'v� Fireplace/Chinuiey:�f(J Q 7 L�L D.P.W. Fire Health Insulation: Oil: House ' House# Smoke: Final: Qk Water: C��,ater: Alarm: Treasury:v y�/(� Sewer: Sprinklers: ^4 !!! THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION'OV N OF O'SRULES AND REGULATIONS. �. / i v71 Signature: Fee'type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007 000626 25-Oct-06 330 $2360.00 _ Yin .mow..'„' I.r . , + nr. y GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. �•�OA T yy ' YL Y3�4YEQAO CITY OF SALEM BUILDING PERMIT (Up of 6atem, ,01a5gacbU2;ettg anti iia Public Propertp Mcpartment �pnmea �3uilbing Mepartment One Roalem Oreen 745-9595 QCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 22, 1990 Loyal Order of Moose 319 Highland Avenue Salem, MA. 01970 RE: 313 Highland Avenue Dear Sirs: Please be advised that you are in violation of the City of Salem Sign Ordinance, Section 3-55 (moveable signs) . Any sign owner or owner of property on which a sign is located who violates or permits a violation of this ordinance shall be subject to a fine of not more than twenty dollars ($20.00) a day. If you need further assistance with this matter, please contact me at this office. Si erely, David J. Harris Assistant Building Inspector aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON SIREEC♦SALEM,MASSACHUSE7-IS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 September 20, 2006 Alliance Construction 160 Pleasant Hill Road Scarborough, ME 04074 (207) 885 —0855 RE: Work Permit Dear Sirs; Per City Ordinance 22-2(5) I am granting an Early Work Permit for the Irving Gas Station Project on the corner of Highland Avenue and Swampscott Road (313 Highland Avenue.) The start time will be 7:00 am Monday through Friday. On Saturday work should follow the regular schedule of 8:00 am to 5:00 pm. Sincerely, Thomas J. St.Pierre Building Commissioner CC: file, Mayor's Office, Jason Silva, Salem Police Dept. (OIC)