342 HIGHLAND AVENUE - BUILDING INSPECTION 342 Highland Ave.
_ �f
p(978)356-5408 -
1IP(978)356-4211
Michael).DeROsa,Principal
jC 265-9298
LSP,LEED AP BD&C (978)
I
V IRONMENTAL CONSULTING,
INC.
II DEgo EN swich MA 01938
46 North Main Street,Ip
I� michael.j.derosa@verizon.net
I' derosaenvironmental.com
4 _
PROFESSIONAL SERV ICES.�
i Licensed Site Professional
(Lic.No.3452)
Hazardous Waste Treatment
Environmental Site Assessment
(ASTM) M
Wetland Restoration&Permitting
Wildlife Pond Design-Management
Landscape Restoration
Renewable Energy Permitting
Green Building(LEED AP)
Technical Review
Expert Testimony I
4'
DeRosa Environmental Consulting, Inc.
46 North Main Street (978) 356-5408
Ipswich, Massachusetts 01938 FAX(978) 356-4211
June 20,2010
BY CERTIFIED MAIL
Salem City Hall
93 Washington Street
Salem M,A�01970
ATTN: (Chief Municipal Officer
Health Officer
RE: Notice to Public Officials of Submittal of
RAM Completion Statement
342 Highland Avenue
2 Barcelona Avenue
Salem MA 01970
MADEP RTN:3-28521
Dear Ladies and Gentlemen
The purpose of this letter is to inform you that on May 20,2010,a Release Abatement Measure(RAM)Plan
Completion Statement 03WSC Form 106 and Form 107 were submitted electronically to the Mass DEP via
eDEP. The additional remedial activities conducted this summer(2010)at the site achieved a level of no
significant risk at the property.
All documents and supporting information can be found at the MADEP Sites List Website at
http://db.state.ma.us/del)/cleanup/sites/Results2.asp.
This public notification is being provided pursuant to the Massachusetts Contingency Plan, 310 CMR
40.0000.
Should you have any questions,please call anytime.
Respectfully submitted,
$Nor
g,Inc.
Michael J.DeRosa,LSP
Principal
MJD/mid
Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services
Page 1
n �
Ctv II lem ?S8�2IC[�ixse #s
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PDMrb 0f XEMIth
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X TRUPlnn, A. 'U., Thairman
Tttmes giinseUn
FUN= �. Xorb
Jahn �. Toonteq, gent September 13, 1961
Mr. John J. O'Rourke
Inspector of Buildings
City Hall
Salem, Massachusetts
Dear Sir:
Permission is hereby given to erect a private sewerage system on
Rear 342 Highland Avenge
in accordance with plans on file in this office.
Very truly yours,
FOR THE BOARD OF HEALTH
N J. TOOMEY, D. C. In replying refer to:
Health tgent
Mr. George O'Connell
:jaf Plumbing & Sanitary Inspector
CC: Mr. Duke T. Colletti
35 Endicott St.
Salem, Mass.
DeRosa Environmental Consulting, Inc.
46 North Main Street (978)356-5408 k'
Ipswich, Massachusetts 01938 FAX(978)356-4211 0
May 21,2010
BY CERTIFIED MAIL
Salem City Hall
93 Washington Street
Salem, MA 01970
ATTN: Chief Municipal Officer
Health Officer
Building Code Enforcement Official
Zoning Official. '
RE: Notice to Public Officials of Recording of Notice of Activity&Use Limitation(AUL) '
342 Highland Avenue
2 Barcelona Avenue
Salem MA 01970
i
MADEP RTN:3-28521
Dear Ladies and Gentlemen:
The purpose of this letter is to inform you that on May 20,2010 a Notice of Activity and Use Limitation(AUL),a
copy of which is enclosed herewith,was registered with the Southern Essex District Registry in Salem,
Massachusetts(Article No. 509380). The AUL affects the entirety of 342 Highland Avenue and 2 Barcelona Avenue,
located in Salem, Massachusetts. The AUL restricts certain uses on the properties as described in more detail In
the attached documents.
At the same time a Partial RAO Class A3 was filed electronically with the MADEP using the eDEP website.. All
documents and supporting information can be found at the MADEP Sites List Website at
http:/Idb.state.ma.us/dep/cleanup/sites/SearchResults.asp
I"
This public notificatiorois being provided pursuant to the Massachusetts Contingency Plan,310 CMR'40.0000. �
Should you have any questions,please call anytime.
Respectfully submitted, II
DeRosa Environmental Cons (ting, Inc.
i1
Michael J.DeRosa, LSP
Principal ik
MID/mid
{I
d
31
NOTICE OF ACTIVITY AND USE LIMITATION
342 HIGHLAND AVENUE
2BARCELONA AVENUE
SALEM, MA
RTN: 3 - 28521
A release of oil and/or hazardous materials has occurred at this location, which is a
disposal site as defined by M.G.L. c. 21 E, § 2 and the Massachusetts Contingency
Plan, 310 CMR 40.0000. On MAY 20, 2010, RICHARD PIERRO registered with the
Land Registration Office of the SOUTHERN ESSEX DISTRICT REGISTRY a
NOTICE OF ACTIVITY AND USE LIMITATION on the disposal site, pursuant to 310
CMR 40.1070 through 40.1080.
The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following site activities
and uses on the above property:
(i) Growing of vegetables or plants intended for human consumption;
• (ii) Excavation of soils without the oversight of an LSP and the preparation and
implementation of a Site Specific Health and Safety Plan and a Soil Management Plan;and
• (iii) Future residential uses.
Any person interested in obtaining additional information about the NOTICE OF
.ACTIVITY AND USE LIMITATION may contact RICHARD PIERRO OR DEROSA
ENVIRONMENTAL CONSULTING, INC., 46 NORTH MAIN STREET, IPSWICH MA
01938 (978) 356-5408.
The NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file can be
reviewed at MassDEP, 2058 LOWELL STREET, WILMINGTON MA 01887 or on
their web site at:
http://db.state.ma.us/dep/cleanup/sites/search.asp
end.
APPENDIX G
ACTIVITY AND USE LIMITATION DOCUMENTS
10Page
Form 10a4C 310CMR40.10gg
�I(se (9 MI ) DtI
assess .... DJ aten:26sea2
ael,nlBT Evsex Dl vlrlet aeglvtry
Form 1075 al2N/2610 02:26 as casT "s, +111
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L.c.21E,§6 and 310 CMR 40.0000
Disposal Site Name: 342 Highland Avenue and 2 Barcelona Avenue,Salem,MA
DEP Release Tracking No.(s): RTN:3-28521
This Notice of Activity and Use Limitation("Notice")is made as of this-KEry day of
May,2010 by Richard A.Plerro,ofPive Pine Ridge Road,Essex,Massachusetts,together with his
successors and assigns(collectively"Owner").
WITNESSETH:
WHEREAS,Richard A.Plerro is the owner in fee simple of those certain parcel(s)of
vacant land located at 342 Highland Avenhe and 2 Barcelona Avenue,Salem,Essex County,
Massachusetts,being more particularly described in deeds filed with the South Essex Registry
District of the Land Registration Office as Document No. 127537 with Certificate of Title No.
38317,and Document No. 273592 with Certificate of Title No.62247. See also Essex County
Probate Docket No.08P0270-EPI.
WHEREAS,said parcel(s)of land,which are more particularlybounded and described
in Exhibit A,attached hereto and made apart hereof("Property")is subjectto thisNoticeof Activity
and Use Limitation. The Property is shown on Land Court Plan Nos. 11802-13 and 118021.
WHEREAS,the Propertycomprises pal a disposal site as theresult ofamlease 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 of the Property and to the extent such boundaries have been established. Exhibit E
is attached hereto and made a part hereof,and
WHEREAS,one or more response actions have been selected for the portion of the
disposal site in accordance with M.C.L.c.2 I("Chapter 21 E )and the Massachusetts Contingency
Plan,310 CMR40.0000C'MCP"). Said response actions am based upon(a)the restriction oflruman
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 May 6,2010,(which is
attached hereto as Exhibit C and made a part hereol);
NOW,THEREFORE,notice is hereby given that the activity and use limitations set
forth in said AUL Opinion are as follows:
1. Activities and Uses Consistent with the AULOoinion. 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) Passive activities that currently occur on the property;
(ii) . Use of the property for commercial,retail,or industrial use,and for all other
uses and activities that are not expressly prohibited herein as long as the Obligations
I
The language In these forms are pan of promulgated regulations and cannot be modified in any way
unless so noted(within brackets)In the form itself.
Form 1094C - 310CMR40.1099
and Conditions specified herein are followed;
(iii) Routine maintenance,including landscaping,and any and all other activities
associated with or in furtherance of the above activities and uses,which does not
cause disturbance or relocation ofoontsminated soil and fill arepemritted activities.
Excavation and other below grade invasive activities of the contaminated fill/soil
are allowed, provided that the Obligations and Conditions specified herein are
followed;
(iv) Activities and uses which are not identified in this Opinion as being
inconsistent with maintaining a condition of No Significant Risk;
(v) Such other activities or uses which,in the Opinion of an LSP,shall present
no greater risk ofharm to health,safety,public welfare or the environment than the
activities and uses set forth in this Paragraph;and
(iv) Such other activities and uses not identified in Paragraph 2 as being
Activities and Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistentwith theAUL 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,mayresuit in a significant risk ofharm to health,
safety,public welfare or the environment or in a substantial hazard,are as follows:
(i) Growing of vegetables or plants intended for human consumption;
(ii) Excavation of soils without the oversight of an LSP and the preparation and
implementation of a Site Specific Health and Safety Plan and a Soil Management
Plan;and
(iii) Future residential uses.
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 ad forth in the AUL Opinion shall.
include the following:
(i) A Health and Safety Plan and Soil Management Plan most be prepared and
implemented prior to any subsurface activity which may result in disturbance of
contaminated soil or fill. and;
(ii) Trenches for all underground utilities must be backfilled with clean,
uncontaminated fill
4. Proposal 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 then currently exist shall be evaluated by an LSP who shall render
an Opinion,in accordance with 310 CMR 40.1080 el seg.,as to whether the proposed
changes will present a significant risk of hart to health,safety,public welfare or the
environment. Any and all requirements set forth in the Opinionto meettheobjective 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 Noticeis based shall not change at anytime 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/orhazerdousmaterial without theprior evaluation by
an LSP in accordance with 310 CMR 40.1080 et seg.,and without additional response
actions,if necessary,to achieve or maintain a condition of No Significant Risk or to
eliminate substantial hazards.
Ifthe activities,uses,and/or exposures upon which this Notice is based change without
The language In these forms are part of promulgated regulations and cannot be modified In any way
unless so noted(within brackets)in the form Itself.
Form 1084C 310CMR40.1008
the prior evaluation and additional response actions determined to be necessary by an
ISP in accordance with 310 CMR 40.1080 at 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 Morbwgg Leases.and Instruments of Transfer. This
Notice shall be incorporated either in Will or by reference into all future deeds,
easements,mortgages,leases,licenses,occupancy agreements or any other instrument
of transfer,whereby an interest in and/or aright to use the Property or aportion 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 seat by the
undersigned LSP,and recorded and/orregistered with the appaoptiateRegistry of Deeds
and/or Land Registration Office.
[Signatures follow on next page]
I
11
i
i
The language In these forms are part of promulgated reguldtions and cannot be modiiled In any way
unless so noted(within brackets)In the form @self.
Form 10840 310CMR40.1099
WITNESS the execution hereof under seal this 18th day of May,2010.
Richard A.Pietro,Owner
COMMONWEALTH OF MASSACHUSETTS
Essex,ss May 18,2010
On this 18th day of May, 2010 before me,the undersigned notary public, personally appeared
Richard Pierro, proved to me through satisfactory evidence of identification, which was a
Massachusetts driver's license,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voyntinfflly for its stated purpose.
Notary Public
Mycommission PireS.
=MWWAOODMG
t4owy Pubs:
OF MUM
IS
The language in these forms are part of promulgated regulatlonS and cannot be modified in any way
unless so noted(within brackets)In the form Itself.
Form 1084C 310CMR40.1099
The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit C and made a part hereofand that in his Opinion this
Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use
Limitation Opinion.
Date:May 2010
a�`ta of r
Mi el J.De as MICHAEL
�e J. m
u 0EROSA H
tW 7442
P SE
COMMONWEALTH OF MASSACHUSETTS
Essex as May/f2010
On this V day of May, 2010 before me, the undersigned notary public,personalty appeared
Michael J. DeRosa, proved to me through satisfactory evidence of identification, which was a
Massachusetts drivers license,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voluntarily for its stated purpose.
Public
y commission expires:
Upon recording,return to: � L ra�tsfFt 90
�
1Jr rwur�
(Name and Address of Owner) rA wsa�asrerrta
2.2016
Mr.Richard Plerro
Five Pine Ridge Road
Essex MA 10929-1173
The language in these fortes are part of promulgated regulations and cannot be modified in anyway
unless so noted(within brackets)In the form Itself.
EXHIBIT A
LAND SUBJECT TO ACTNITY AND USE LIMITATION
2 Barcelona Avenue Salem.MA(Certificate No.38317)
The premises comprised of two certain parcels of land situate in Salem,Essex County,
Massachusetts,bounded and described as follows:
"1 Parcel:
NORTHWESTERLY by lot 584,as shown on pian hereinafter mentioned,one hundred
thirty six and 33/100(136.33)feet•,
NORTHEASTERLY by lot 218-A,as shown on said plan,ninety eight and 87/100
(98.87)feet;
SOUTHEASTERLY by lot 570-A,as shown on said plan,one hundred thirty six(136)
feet;and
SOUTHWESTERLY by lots 586 and 585,as shown on said plan,ninety two and 461100
(92.46)feet.
All of said boundaries are determined by the Court to be located as shown upon plan numbered
11802-13,drawn by Edwin T.Bmdzynsld,Surveyor,dated August 10,1959,as modified and
approved by.the Court,filed in the Land Registration Office,a copy of a portion of which is filed
with Certificate of Title#28880 in said Registry,and the above described land is shown as lot
#583,on last mentioned plan.
2nd Parcel:
SOUTHEASTERLY by the northwesterly line of Highland Avenue one hundred seven
and 511100(107.51)feet;
SOUTHWESTERLY by Barceltona Avenue one hundred sixty three and 74/100(163.74)
feet; .
NORTHWESTERLY by lot 585,as shown on plan hereinafter mentioned,one hundred
nineteen and 41/100(119.41)feet;and
NORTHEASTERLY by lots 583 and 570-A,as shown on said plan,one hundred sixty
eight and 85/100(168.85).
Being shown as lot#586 on said plan.
342 Highland Avenue.Salem.MA (Certificate No.62247)
The parcel of land situate in Salem,Essex County,Massachusetts,bounded and described as
follows:
SOUTHEASTERLY by Highland Avenue one hundred thirty six()36)feet;
SOUTHWESTERLY one hundred six(106)feet;and
NORTHWESTERLY one hundred thirty six(136)feet by lot 571,as shown on plan
hereinafter mentioned;and
NORTHEASTERLY by lot 218-A,as shown on said plan,one hundred six(106)feet.
All of said boundaries are determined by the Court to be located as shown upon plan numbered
11802-4,drawn by Neal B.Mitchell,Surveyor,dated March 6,1954,as modified and approved
by the Court,filed in the Land Registration Office,a copy of a portion of which is filed with
Certificate of Title 23615 in said Registry,and the above described land is shown as lot 570 on
last mentioned plan.
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CONSULTING, INC.
46 North Main Street Ipswich Massachuseto 01938 USA
978356-5408 office-978356-4211 Fax
May 17,2010
EXHIBIT C
ACTIVITY & USE LIMITATION OPINION
342 Highland Avenue
2 Barcelona Avenue
Salem Massachusetts 01960
RTI: 3-28521
GENERAL SITE INFORMATION Sc BACKGROUND
The Site is Identified by Release Tracking Number(RTN)3-28521 and is located at 342
Highland Avenue and 2 Barcelona Avenue,in Salem,Massachusetts(hereinafter
referred to as the"Site")-This document provides supporting information in accordance
with the provisions of the Massachusetts Contingency Plan(MCP)31 CMR 40.0000 and
reflects our understanding of Site conditions. During a routine Phase 2 Environmental
Site Assessment urban filled soils collected from Geoprobe borings were analyzed for
certain constituents. Levels of certain metals exceeded MCP Reportable Concentrations
(Ks). Accordingly,a Release Notification Form(RNF)was submitted under a 120 day
notification requirement and Release Tracking Number(RTN):3-28521 was issued for
the site.
The site consists of a shallow valley filled with various soil,gravel and debris. The age
and source of the fill is unknown. it consists of sand and gravel,some cobbles,wood
and coal ash,as well as other debris. Bedrock was encountered at various depths across
the site. The deepest area of fill was approximately 12 feet in the center of the site.
Bedrock rises to the north and south and approaches the surface at approximately both
property lines.
46 North Main Street,Ipswich MA 01938-978 356.5408 1 ) P a g e
Although other constituents were detected,nickel and arsenic seem to be the most
ubiquitous contaminant of concern. chromium was also detected at levels greater than
Method 1 Reportable Concentrations(RCs)along with arsenic,lead and vanadium.
REMEDIAL ACTIONS COMPLETED
Several'hot spots'of nickel,arsenic and chromium contamination were Identified and
those areas have been excavated and soils have been disposed of at a licensed facility as
part of a previously implemented Release Abatement Measure(RAM)Plan. Soils were
transported under a 8111 of Lading to a soil recycling facility(ARC,Inc.)located in Elliot,
Maine. A total of 236.54 cubic yards(354.81 ton)of soil has been excavated and
removed from the site for recycling to Aggregate Recycling Corporation,Inc.(ARC)Elliot,
Maine.
SUMMARYOFRISK CHARACTERIZATION FINDINGS
Cambridge Environmental,Inc,prepared a Method 3 Comprehensive Risk
Characterization report as defined and required in the Massachusetts Contingency Plan
(the MCP). This risk characterization and evaluation determined site specific risk
parameters based on existing contaminants of concern,existing site conditions,and
unrestricted future use(e.g.,residential use). This assessment also reviewed the risk to
construction workers.
The results indicate that restrictions must be imposed on future residential use of the
site. The ingestion of fruits or vegetables grown in soil on the site could result in a
potentially significant health risk to those consuming the produce. in other words,fruits
or vegetables grown at the site could Incorporate residual contaminants remaining in
surface soils. The presence of these contaminants in fruits and vegetables results in
potentially significant health risks when these exposures are evaluated as required by
the MCP. It is therefore important to restrict future redevelopment of the site for
residential purposes. The site does not pose a significant health risk for employees
working at the site,customers of businesses at the site,trespassers on the she,
construction workers,or those participating in passive recreational activities on the
site. Passive recreational,commercial,and industrial activities that do not involve
extensive direct contact with site soil are permitted.
DeRosa Environmental Consulting,Inc. 2 I'p a g e
46 North Main Street,Ipswich MA01938—978 356-5408
PERMISSIBLE ACTIVITIES COMPLIANT WITH AUL
Activities consistent with this AUL Include passive activities that are consistent with
current site usage Including walking and other passive recreational uses. All uses
associated with commercial and Industrial activities that do not involve the excavation
of soil are also permissible. Construction on the site is only allowed with the
implementation of a Site Specific Health and Safety Plan and a Soil Management Plan to
be prepared at the time of the proposed activity based on proposed construction plans.
Any soil excavated from the site must be tested for known contaminants of concern and
disposed of accordingly at an appropriately licensed facility.
NDN-PERMISSIBLE ACTIVITIES COMPLIANT WITH AUL
The risk characterization determined that residual contamination at the site does pose a
risk to future residential use. Notwithstanding the fact that the she is currently zoned
commercial and industrial,zoning can sometimes change and is therefore not a rigorous
enough protection to land use. Accordingly,the AUL limits the use of the site to
commercial and Industrial Interests,and prohibits the site to be used for residential -
purposes.
SUMMARY
In brief,the Activity and Use Limitation(AUL)is necessary to maintain a condition of no
significant risk at the site from exposures to surface and near surface soils. Activities
associated with residential use of the site are prohibited because of potentially
significant health risks resulting from the consumption of vegetables grown in
contaminated soil. Commercial and industrial use of the site is not restricted.
Construction work is permitted with the condition that any excavation of soil at the site
must follow a health and safety plan and a soil management plan.
Respectfully,
} MICHAEL
'b
J. T
Michael J.DeRosa,LSP oErt09A b
or- 3452
OSA
Principal Scientist
MJD/m)d
DeRosa Environmental Consulting,Inc.-
46 North Main Street,Ipswich MA 01938—978 3W5408 3 I P a g e
Dacvment� 509380
CERT
E18FX SOUTHERN DISTRICT REGISTRY OF DEEDS
RECEIVED FOR REGISTRATION
On: 5/20/2010 02026 PN
Noted an Cert: 84022 BOON. 474