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86 JACKSON STREET - BUILDING INSPECTION 86 Jackson St. f Certificate Number: B-141726 Permit Number: B-141726 Commonwealth of Massachusetts City of Salem This is to Certify that the Pot Land/Comm Building located at Building Type ...................................................................._86 JACKSON STREET........................................................................ in the .....................................City of Salem .......................................... . ................................................. Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY ZIAD FOUAD NABBOUT This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not Applicable unless sooner suspended or revoked. Expiration Date Issued On: Tursday, October I5, 2117 60� Commonwealth of Massachusetts Citv of Salem , r .« 120 Washington St,3rd Floor Salem,MA 01970(978)745-95954641 Return card to Building Division for Certificate of Occupancy - .xr. ' .. .. ..' .. v .r... Permit No., , El17-819 PERMIT TOBUILD 'FEE PAID: $55.00 fi. DATE ISSUED:. 8/31/2017 This certifies that '.GETT-Y REALTY CORP. a has permission to e'rect,alter, or demolish a building= ;, ,:84 JACKSON STREET Map/Lot 250394-0" " as follows: . Repair/Replace y•-,ENLARGE GARAGE DOOR (BAY) FROM 10' X 10'TO 12' X 12'. REMOVE +° SHEETROCK & RAISE 2' HIGHER @ 94 Jackson St. 4 ' Contractor Name: ROBERT BAKS7 - DBA: DR FIX IT Contractor License No: CS-085472 ar r 8/31/2017 Building Official Date •This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within siz monthsafter issuance..The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. f All construction,alterations and changes of use of any:building andstrucfures shall be in compliance with the local zoning by-laws end odes. - •�This permit shall-be displayed in a'location clearly visible fromaccess street or road and shall be maintained open for public inspection for the entire duration of the - - - - work until the completion of the same, - The Certificate of Occupancy will not be issued until allapplicable signatures by the Building and Fire Officials-are provided on this permit. - '^ H I C#:*126273 - .,a "persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth In MGL e.142A). Restrictions: , Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. - Commonwealth of Massachusetts City Of Salem t , 120 Washington St,3rd Floor Salem,MA 01970(979)745-9595x5@41 - Return card to Building Division for Certificate of Occupancy structure CITY OF SALEM BUILDING PERMIT PERMIT TO BE POSTED IN THE WINDOW Excavation+ Fooling _ ., �: INSPECTION RECORD Foundation Framing v Mechanical Insulation ® INSPECTIOCt " BY DATE Chimney/Smoke C bar Final -� 07c Plumbing/Gas M e K Rough:Plumbing' s - Rough'Gas s Final Electrical Service - - - - Rough TIA111,11 :. .. ;. ry.< .. .. Final:. ' do Fire Department r Preliminary Final d, n Health Department Preliminary - - .Final..* .;. r Commonwealth of Massachusetts 'City. of Salem ` 1 • . ,., ; ry .. M' .S -_ 120 Washington St,31d Floor Salem,MA 01970(978)745=9595 x5641, , _ _ rz:- K ' ; ReturncardtoBuildingDivisionforCertifrcateofOccupancyx - - Permit No. B-16-560 p R FEE PAID: $0.00 <V ■ : , '� � IT TO. V U ILD . . a DATE ISSUED: '6/7/261 f „ This certifies'that; ;ZIAD FOUAD NABBOUT r ` has permission to erect alter,or demolish a building-. 66 JACKSON STREET Map/Lot: 250393-0 as follows: Other Building Permit, 1 SIGN PERMIT AS APPROVEDFOJACKSON STREET AUTOMOTIVE Contractor Name: r 1 DBA: k ;•Contractor License No N _ . t 6/7/2016 r Building I ,. Date `This permit shell be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. i Ail work.authorized by this permit shall'conform to the approved application and the`epproved construction documents for which ,is permit has been granted. u All construction,alterations and changes of use of enylbuikHng and structures shall be in compliance withthe local zoning by-laws and codes. This permit shall be displayed in a location clearty,visibie from access street or road and shall be maintained opernf for public inspection for the entire duration of the • ;t ` work until.the completion of the same. ,a: '• - - The Certificate of Occupancy will not be issued until allsapplicable slgnab9res by the Building and Fire Official are provided onthis permit. HIC#: "Persons contrac8ap with unregistered contractors do not have access to the gusranl4nd'(as set forth in MGL c,1 42A). Restrictions Building plans are to be available on site. t All Permit Cards are the property of the PROPERTY OWNER. , " i Commonwealth of Massachusetts ` City of Salem 120 Washington St,3rd Floor Salem,MA 01970(976)745-9595 x5641 ^ a: Return card to Building Division for Certificate of Occupancy St�uctare CITY OF SALEM BUILDING PERMIT- , , _ Exoevation s PERMIT TO BE POSTED IN THE WINDOW - t rFootktg INSPECTION RECORD Foundation Framing •. Mechanical Insulation INSPECTION: t >k BY Y DATTE..• jChlmney/Smoke amber - 1 FinalVW ` Plumbing/Gas i r Rough:Plumbing. .. r Y - Rough:Gas , - - t {#{ ✓ a -_ Final - t. ° Electrical.., Seneca t Final r Fire Department' t Pretiminary 11 Final Health Department 'Preliminary jFlnel enc {r.�"' � ;�i _ Commonwealth of Massa, off. APPROVED �, . ��,`� 1 ,` ,r` City of Sal _ L2oNashingtw31,3rdFinnr3alem,MAn197n(9 CITY OF SALEM ,�� Return card toBuildmgDivision forCertffic PLUMBING INSPECTION B 14-17261 �/,/ Permit NO. E R I T T 0 DATE OF INSPECTION FEE PAID: $2,750.00 c DATE OF ACTIVATION SATE ISSUED: ,' , 311812015 Dennis Ross - Plumbing Inspector a This certifies that ZIAD FOUAD NABBOUT has permission to erect, alter, or demolish a building 86 JACKSON,ST'REET Map/Lot: 250393-0 as follows: New Construction -Other than 1-2 Family CONSTRUCT A NEW BUILDING TO BE USED AS AN AUTO REPAIR GARAGE . Contractor Name: ,Roger A Tremblay Contractors, Inc. DBA. . Contractor License No. 145375 _ 311.8/2015 Building Official Date This permit shall be deemed abandoned and invalid unless thework authorized by thisperrtut is commenced within.six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. , All work authorizedbythis permit shall conform to the approved:application and the approved construction documents for,which'.this permit has beengranted. ..,All construction,alterations and changes of use of any,building and structures shall be in compliance with the localzoningby-laws and codes. This permit shall.be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire.duration of the - - work until the completion of tha same.. The Certificate of Occupancy will not be issued until all applicable-signatures by the Building and Fire Officials are provided on this permit, - HIC#: 145375 'Persons contracting with unregistered contractors do not have access to the gdaranty,fund"(asset forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Commonwealth of Massachusetts ` - City of Salem 126 W ashinglon St,Sed Floor Salem,MA 01970(976)7 45-9595)6641 Return card to Building Division for Cert floate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Excavation, PERMIT TO BE POSTED IN THE WINDOW Footing INSPECTION RECORD Foundation �-.—. .. Framing ru{ ,.2 Insulation '! L,Fi INSPECTION: BY DATE CtdmneWSrroke Chamber Final Ok Plumbing/Gay . Rough:Plumbing - Rough:Gas A; - ' r44fLLf !+ Final ,Z Electrical:. Rough Fine FI rtmant Preiiminazy Final. . . Heatth Department Preliminary - I -ONOIT,j 5" CITY OF SALEM MASSACHUSETTS aN ribl BOARD OF APPEAL %M,NECT -2 P Ir 12 — 120 WAST IINGfON STRIA 1 ♦ SALFM,Al ASSACI-IUSE"I't5 0197 KINIBER1.EY Eruscou. Tru.1::978-745-9595 ♦ FAX:978-740-9846 FILE It SGAvolz CITY CLERK, SALEM,MASS, October 2, 2013 Decision City of Salem Board of Appeals Petition of ZIAD FOUAD NABBOUT requesting a Variance from Section 4 Dimensional Requirements of the Salem Zoning Ordinance to reduce the minimum depth of the rear yard to ten feet, to allow for construction of a garage at the property located at 86 JACKSON ST (B4). A public hearing on the above Petition was opened on September 18, 2013 pursuant to M.G.L Ch. 40A, � 11. The hearing was closed on that date with the following Salem Board of Appeals members present: 1\ls. Curran (Chair), Mr. Dionne, Mr. Duffy, Ms. Harris, Mr. Watkins, Mr. Eppley (Alternate), and Mr. Tsitsinos (Alternate). The Petitioner seeks a Variance pursuant to Sec. 4.0 Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: 1. Attorney Joseph Correnti representing Mr. Ziad Fouad Nabbout presented the petition for the property at 86 Jackson Street (B4 Wholesale and Automotive District Zone). 2. In the petition, date-stamped July 24, 2013, the Petitioner requests a Variance to reduce the minimum depth of the rear yard to ten feet, to allow for the construction of an automotive garage. 3. The requested Variance relief, if granted, would allow the construction of the automotive garage within 10 feet of the rear property boundary, which would fall short of the minimum required rear yard depth of 25 feet. 4. At the public hearing for this petition members of the public spoke in favor and in opposition to the petition. Mr. Joseph A. O'Keefe, 28 Surrey Road, supported the petition. Councilor Todd Siegel of Ward 3 supported the petition. Prior to the meeting Ms. Diane DeLorenzo and Mr. Christian DeLorenzo, 10 Calabrese Street, submitted written comments asking the Board to consider the Petitioner's disregard of conditions set by the Licensing Board on his business located at 34 Jackson Street, when deliberating on the Petitioner's request for a Variance. Ms. DeLorenzo also spoke at the public hearing in regards to this concern. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, 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: SC9.3 Board of Apjeals §9.3.2 Powers, Subsection 3 1. The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. The requested Variance concerns the conditions at the rear of the property. The land f - City of Salem Board of Appeals October 2,2013 Project: 86 Jackson Street Page 2 of 2 abutting the rear of the property is owned by the Boston & Maine Railroad Company, and is not in active use. 2. The unusual shape of the lot and its orientation in relation to Jackson Street create a unique condition in which a literal enforcement of the Table of Dimensional Requitements under the City of Salem's Zoning Ordinance, specifically the required minimum rear yard depth of 25 feet,would create a condition that would reduce the safety of vehicular traffic through the property, due to the required size and orientation of the building. Literal enforcement would cause a substantial hardship to the appellant. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the plans, documents and testimony, the Salem Board of Appeals concludes: 1. A Variance from Section 4 Dimensional Requirements of the Salem Zoning Ordinance to reduce the minimum depth of the rear yard to ten feet,is granted as conditioned. 2. In permitting the Variances to reduce the minimum depth of rear yard, the Salem Board of Appeals requires certain appropriate terms, conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted five (5) in favor (Ms. Curran — Chair, Mr. Dionne, Mr. Duffy, Ms. Harris, and Mr. Watkins in favor) and none (0) opposed, to approve the Variance to the minimum depth of rear yard requirement, subject to the following terms, conditions, and safeguards: 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. A Certificate of Occupancy is to be obtained 6. A Certificate of Inspection is to be obtained. 7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Storage containers used for, but not limited to, spare or stripped parts are not permitted on the site. 10. Petitioner shall abide by Section 24-21, Keeping of unregistered, abandoned or discarded molar vehicles, trailers or- boats, rboats, of the City of Salem Code of Ordinances. 'fie ccs CA~ /, - Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CPI'Y CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be fled within 20 days of filing of this deasion in the office of the City Clerk. Pursuant to the Massachusetts General Ian's Chapter 40A, Section 11, the Variance or Special Permitgranted herein shall not take effect until a copy of the decision hearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. i 1 JACKSON STREET R N65 636 =225.69 L=98, N89 48'49"E 72 i •6 L=83 411 108.86' � w f R=347.34 Nnotia, 76'± L=91.39 2g� 28� .4J MAP 25 LOT 394 O w N rya `�o MAP 25 LOT 393 N AREA = 15,880 t S.F. EXISTING FOUNDATION 3 o/.O O Ns o w o co ' X4.8. MAP 25 LOT 392 MAP 25 LOT 395 N h MAP 25 LOT 389 � ecMqss4Oy AS BUILT FOUNDATION PLAN oa Gni1 cN 86 JACKSON STREET I CERTIFY THAT THE BUILDINGS L. SALEM HEREON ARE LOCATED ON NSMITH No.35043 sq� PREPARED FOR THE GROUND AS SHOWN. o RE�� Rwc F f� s ZIAD NABOUT LO �.% SCALE 1' = 20' JUNE 20, 2014 DA PROFESSIONAL LAND SURVEYOR j NORTHSHORE SURVEY CORPORATION 14 BROWN STREET — SALEM, 978-744-4800 #3811 CleanHar! or ENVIRONMENTAL SERVICES, INC. 392 LIBBEY INDUSTRIAL PARKWAY•WEYMOUTH, MA 02189 (781)849-1800•FAX(781)794-1760 Visit our Website at www.cleanharbors.com September 5, 2002 City Mayor's Office City of Salem 93 Washington Street Salem, MA 01970 Re: Notice of an Activity and Use Limitation Jackson Street Industries, Inc. 86 Jackson Street Salem, Massachusetts 01970 DEP Release Tracking No. 3-17817 Dear Mayor: Clean Harbors Environmental Services, Inc. (CHES) has prepared an Activity and Use Limitation (AUL) for the property at 86 Jackson Street in Salem, Massachusetts (the site). The AUL was recorded at the Essex County Registry of Deeds to achieve a level of No Significant Risk. In conjunction with the AUL, a Response Action Outcome (RAO) Statement was prepared. In accordance with public involvement procedures (310 CMR 40.1090) of the Massachusetts Contingency Plan, CHES is submitting a copy of this AUL to you and the following Salem City Offices: Salem Health Department 9 North Street Salem, MA 01970 Salem Planning Department One Salem Green Salem, MA 01970 Salem Building Inspector One Salem Green Salem, MA 01970 The AUL was implemented to prevent site use as a residence, school, daycare, or other such use where a child is likely to be consistently present and to prevent chronic exposure to soils situated up to 20 feet below the ground surface. The AUL and RAO Statement are available at the `People and Technology Creating a Better Environment" a Jackson Street Industries, Inc. office (10 High Street, Suite 920, Boston, MA 02110, Attention: Mr. Edward J. Bartlett, Jr.) or at the Northeast Regional Office of the Massachusetts Department of Environmental Protection (205A Lowell Street, Wilmington, MA 01887). If you have any questions, please contact the undersigned at (781) 849-1800 extension 8053. Sincerely, i � Todd W. Nickerson Environmental Scientist TWN/tn Enclosures cc: Mr.Edward J.Bartlett,Jr., 10 High Street,Suite 920,Boston,MA 02110 CHES Project file EN398543 Clean Harbors Environmental Services,Inc. 2002090460I63II0�IBIk IIII9II I lI�lPIl 11 ll� 94 FORM 1075 09/04/2002 14-57:00 OTHER Pq 1/15 NOTICE OF ACTIVITY AND USE LIMITATION Y M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Jackson Street Industries, Inc. 86 Jackson Street Salem, Massachusetts DEP Release Tracking No.(s): 3-17817 This Notice of Activity and Use Limitation ("Notice") is made as of this 4'h day of September, 2002, by Jackson Street Industries, Inc. (a.k.a E. & F. King Co., Inc.), c/o Bartlett, Hackett, Feinberg, Gentilli, Liston, Brown & Phalen, P.C., of 10 High Street, Suite 920, Boston, Massachusetts 02110, together with their successors and assigns . (collectively "Owner"). WITNESSETH: WHEREAS, Jackson Street Industries, Inc. is the owner(s) in fee simple of those certain parcels of vacant land located in Salem, Essex County, Massachusetts, pursuant to deeds recorded with the Essex County Registry of Deeds in Book 5520, Page 442, Book 2319, Page 414 and Book 2295, Page 295; 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 on a plan recorded in the Essex County Registry of Deeds in Plan Book 361, page 48; WHEREAS, a portion of the Property ("Portion of the Property") is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Essex County Registry of Deeds in Plan Book 361, page 48, and/or on a sketch plan attached hereto and filed herewith for registration; WHEREAS, the Portion of the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or, groundwater and/or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set . forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated August 30, 2002, (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: 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 Portion of the Property: (i) Non-residential use, including but not limited to industrial and commercial uses, of the Portion of the Property is permitted in the area specified by the AUL; (ii) Excavation typically associated with utility or construction work which may be deemed necessary within the designated AUL area, provided that soils within the AUL area are not removed from the disposal site. If excavated soils are to be removed from the disposal site, the soils must be managed in accordance with a Soil Management Plan and a Health and Safety Plan consistent with Obligations (i) and (ii) in Paragraph 3; (iii) Activities and uses not expressly prohibited by this Notice of AUL; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the 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: (i) Use of the Portion of the Property as a residence, school, daycare, nursery, playground, recreational area, or other such use where a child is likely to be consistently present; (ii) Use of the Portion of the Property to cultivate fruits or vegetables for consumption; and (iii) Removal of soils from the AUL area to any depth across the Portion of the Property unless an LSP renders and Opinion which states that relocation or activity is consistent with maintaining a condition of No Significant Risk and is conducted in accordance with a Soil Management Plan and a Health and Safety Plan pursuant to 310 CMR 40.0030. 3. Obligations and Conditions Set Forth in the AUL Opinion. 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: (i) A Soil Management Plan must be prepared by an LSP and implemented prior to any removal of soils from the AUL area to any depth across the Portion of the Property. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan, and the Plan must be available on-site throughout the course of the project; and (ii) 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 removal of soil from the AUL area. The Health and Safety Plan should clearly describe the location of the contaminated soil to be excavated and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers and receptors in the vicinity are not affected by chromium or petroleum impacted soil through fugitive dust or particulates. Workers within the designated AUL area must be informed of the requirements of the Health and Safety Plan. The Plan must be available on-site throughout the course of the project. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of 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 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 Portion 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 l�.eases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, ]eases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to The filing and recordation and/or registration of this Notice, said Notice to become effective when executed under sea] by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Offices). WJTNESS the execution hereof under sea] this day of k � 2002_ Owner: Jackson Street Industries, Inc., c/o Bartlett, Hackett, Feinberg, Gentilli, Liston, Brown & Phalen, P.C. By. 17 - Mr. Edw d J. Bartlett, 3r. Attorney COMMONWEALTH OF MASSACHUSETTS Suf(vci� ssh�rc�r 2002 Then personally appeared the above-named Edward J. Bartlett, Jr. and acknowledged the foregoing instrument to be his free act and deed before me, A NotaryPublic:Oji /kC 4E/e' My Commission Expiresilf/q/�/� The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: ��3v�ah /N' W. ou4 r., Anthony MelTufo, LSP COMMONWEALTH OF MASSACHUSETTS ,a s cam_, ss Sym.Q" s t 3c2 2002 Then personally appeared the above named Anthony M. DelTufo and acknowledged the foregoing instrument to be his free act and deed before me, Notary Public: P •: ye ��; My Commission Expires: 5 ` z t`o6 Upon recording, return to: Jackson Street Industries, Inc. c/o Mr. Edward J. Bartlett, Jr. 10 High Street, Suite 920 Boston, MA 02110 l JACKSON STREET INDUSTRIES,INC. CLERK'S CERTIFICATE The undersigned, Edward J. Bartlett, Jr.,being the duly elected Clerk of Jackson Street Industries, Inc. a corporation organized and existing under and by virtue of the laws of the Commonwealth of Massachusetts, (the "Corporation"), does hereby certify that, on August 27, 2002, the Board of Directors of the Corporation at which a quorum was present, the following resolutions were duly voted upon and adopted by the Board acting on behalf of the Corporation: VOTED: That the president, vice president and treasurer of the Corporation, acting singly or together, shall be and hereby are authorized and empowered on behalf of this Corporation: 1. To execute and deliver an Activities and Use Limitation Form 1075 with respect to the real estate located at 86 Jackson Street, Salem, Massachusetts more particularly described in the deeds recorded with the Essex County Registry of Deeds in Book 5520, Page 442, Book 2319, Page 414 and Book 2295, Page 295. 2. To execute and deliver any related document, instrument, certificate, agreement or transaction deemed by said officers to be necessary or proper to consummate the foregoing transactions, on such terms and with such conditions as the officers may deem to be necessary, convenient or proper in connection therewith. FURTHER VOTED: That the Clerk or Assistant Clerk of this Corporation be and hereby is authorized and directed to certify that: (i) the foregoing votes are in conformity with the Articles of Organization and By-Laws of this Corporation; and (ii) the following are the names of the officers of said Corporation and their respective signatures, namely: Name Signature Edward J. Bartlett, Jr., President Edward J. Bartlett, Jr., Treasurer Edward J. Bartlett, Jr., Clerk IN WITNESS WHEREOF, I have set my hand and affixed the seal of the Corporation this 30`h day of August, 2002/ Edward J. W artlett, Jr., Clerk Commonwealth of Massachusetts) ) ss. County of Suffolk ) August 30,2002 Before me personally appeared the above-named Edward J. Bartlett, Jr. who swore to me that he executed the same in his capacity as Clerk of said Corporation befor e, �1 �ti_OI�Gv otary Public > pjt_ ,z a �� akta n My Commission Expires adz -2- Exhibit A Description of Parcel of Land Containing Area Subject to AUL JACKSON STREET INDUSTRIES, INC. 86 JACKSON STREET SALEM,MASSACHUSETTS DEP Release Tracking Number: 3-17817 A certain parcel of land situated in Salem, Essex County, Massachusetts, shown as Lot 25-0393 on a plan entitled "Property and AUL Plan", dated August 9, 2002, prepared by Clean Harbors Environmental Services, Inc., Weymouth, Massachusetts, and recorded with the Essex County Registry of Deeds in Plan Book 361, page 48, said parcel having an area of 16,702 square feet and being more particularly bounded and described as follows: BEGINNING at a point on the southerly sideline of Jackson Street, said point being the most westerly point of said locus, thence; EASTERLY by a curve to the left a distance of ninety eight and forty one hundredths feet (98.41') and a radius of one hundred and ninety three and nineteen hundredths feet (193.19') to a point, thence; N 7858'00" E a distance of one hundred and eight and eighty six hundredths feet (108.86') to a point, thence; EASTERLY by a curve to the right a distance of eighty eight and seventy eight hundredths feet (88.78') and a radius of three hundred and forty seven and thirty four hundredths feet (347.34') to a point, thence; S 13'45'41" W a distance of ninety seven and thirty seven hundredths feet (97.37') to a point, thence; N 76'03'00' W a distance of thirteen and ninety one hundredths feet (13.91') to a point, thence; S 13°57'00" W a distance of twenty and zero hundredths feet (20.00') to a point, thence; N 76°03'00" W a distance of two hundred and zero hundredths feet (200.00') to a point, thence; N 13"57'00"E a distance of twenty and zero hundredths feet (20.00') to a point, thence; N 76°03'00" W a distance of sixty three and sixty six hundredths feet (63.66') to the point at beginning. Exhibit A-1 Description of Area Subject to AUL JACKSON STREET INDUSTRIES, INC. 86 JACKSON STREET SALEM, MASSACHUSETTS DEP Release Tracking Number: 3-17817 That certain portion of a parcel of land, said parcel of land being situated in Salem,Essex County, Massachusetts, shown on the aforementioned plan recorded with the Essex County Registry of Deeds in Plan Book 361, page 48, said portion having an area of 14,921 square feet and being shown as the "Area of AUL" on said plan, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly sideline of Jackson Street, said point being the most westerly point of said locus, thence; N 78°58'00" E a distance of one hundred and twenty hundredths feet (100.20') to a point, thence; EASTERLY by a curve to the right a distance of eighty eight and seventy eight hundredths feet (88.78') and a radius of three hundred and forty seven and thirty four hundredths feet (347.34') to a point, thence; S 1345'41" W a distance of ninety seven and thirty seven hundredths feet (97.37') to a point, thence; N 76'03'00' W a distance of thirteen and ninety one hundredths feed (13.91') to a point, thence; S 13°57'00" W a distance of twenty and zero hundredths feet (20.00') to a point, thence; N 76°03'00" W a distance of one hundred fifty nine and twenty five hundredths feet (159.25') to a point, thence; N 11'09'17" E a distance of forty eight and twenty four hundredths feet (48.24') to the point of beginning. 9 .� csaecn�' 7, LjO `��a3dptid b n r1�d sLK %',Oq 19-S V t33$1 g3AgL500N ,N,.aoq�z N��a�J s'rII�t net+ IAdv rv:n:,3� is"SE � o= o. a /TTl— ,nNy,a('fitzil:n)], YY Mype�y,Wn O ypf6�,ypnr 9Ni' ✓" v" o O Mt)"� ,tZ) N cP w vx 000 god i` �� w�Gnu� L1 `1 i0 V3b p ss"0 g Gley zecois�rr is"`r eod N sMt AGr,)nt"� ei ' j 3 �1d t r'o�N\x ✓✓ a n ' xra-� Exhibit C LSP Opinion Activity and Use Limitation JACKSON STREET INDUSTRIES, INC. 86 JACKSON STREET SALEM, MASSACHUSETTS DEP Release Tracking Number. 3-17817 In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation for a Portion of the Property ("Site" and/or"AUL area") located at 86 Jackson Street in Salem, Massachusetts. The property is owned by Jackson Street Industries, Inc., (a.k.a. E. & F. King Co., Inc.) c/o Bartlett, Hackett, Feinberg, Gentilli, Liston, Brown & Phalen, P.C. of 10 High Street, Suite 920, Boston, Massachusetts. As of the date of recording of the Notice of Activity and Use Limitation ("Notice") with the Essex County Registry of Deeds, the property is zoned for commercial and industrial use. Site History The site, that is currently a vacant, undeveloped lot, was operated from as early as 1950 until 1990 for the manufacture of tanning liquors used in the leather industry. This process involved the mixing of chromium powder, various acids, and sugar to form the tanning liquors. These operations resulted in small spills of chromium powder, which impacted the soils beneath and proximate to the former site building where the chromium powder was mixed and stored. Subsurface investigations initiated in 1998 have identified elevated concentrations of total chromium (maximum concentration of 49,400 mg/kg) in the site soils to a maximum depth of 17 feet, although generally, the elevated concentrations are present in the top 12 feet, with concentrations decreasing with depth. The lateral extent of elevated chromium concentrations is consistent with former use operations, with the greatest impacts proximate to the former site building warehouse and mixing areas. Hexavalent chromium (VI) has not been detected at a significant concentration, and chromium impacts to groundwater are minimal, and have only been detected in monitoring wells located in the central portion of the site. Also, reportable concentrations of extractable petroleum hydrocarbons/volatile petroleum hydrocarbons (EPH/VPH) have been detected at the southeast and southwest corners of the site, proximate to the property line. The source of these petroleum compounds is believed to be off-site, in that there is no history of significant petroleum usage on the property parcel. The westerly abutting property is a gasoline station, and the southerly abutting property was formerly used to store petroleum in above ground storage tanks. However, the petroleum impact to soil is localized, and no significant groundwater impact has occurred. The areas of the site containing the highest chromium concentrations were removed as part of a Release Abatement Measure (RAM) wherein 468.67 tons of soil was excavated from eight discrete areas across the site. Upon completion of the RAM, in 2001, chromium concentrations as high as 27,400 mg/kg remain in site soils. Reason for Activity and Use Limitation Based on the soil and groundwater analyses performed on sample locations remaining at the site after the RAM, a Method 3 Risk Assessment was performed to support a Response Action Outcome for the site. The Risk Assessment indicated that a level of No Significant Risk to human health, safety, public welfare and the environment exists at the site for current and future non-residential site uses, including site occupants,utility and/or construction workers. Future use of the site as a residence, school, daycare facility, or recreational area was not considered in the Risk Assessment. In order to ensure that a level of No Significant Risk is maintained at the site, an Activity and Use Limitation is necessary to "lock in" the assumptions and restrictions of the Risk Assessment regarding future site activities and uses. Permitted Uses and Activities (i) Non-residential use, including but not limited to industrial and commercial uses, of the Portion of the Property is permitted in the area specified by the AUL; (ii) Excavation typically associated with utility or construction work which may be deemed necessary within the designated AUL area, provided that the soils within the AUL area are not removed from the disposal site. If excavated soil are to be removed from the disposal site, the soils must be managed in accordance with a Soil Management Plan and a Health and Safety Plan consistent with Obligations (i) and (ii) of this Opinion; (iii) Activities and uses not expressly prohibited by this Notice of AUL; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified below as being Activities and Uses Inconsistent with the AUL. Activities and Uses Inconsistent with the AUL Opinion (i) Use of the Portion of the Property as a residence, school, daycare, nursery, playground, recreational area, or other such use where a child's presence is likely; (ii) Use of the Portion of the Property to cultivate fruits or vegetables for consumption; and (iii) Removal of soils from the AUL area to any depth across the Portion of the Property unless an LSP renders and Opinion which states that relocation or activity is consistent with maintaining a condition of No Significant Risk and is conducted in accordance with a Soil Management Plan and a Health and Safety Plan pursuant to 3.10 CMR 40.0030. Obligations and Conditions (i) A Soil Management Plan must be prepared by an LSP and implemented prior to the commencement of any removal of soils from the AUL area to any depth across the Portion of the Property. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures. On-site workers must be informed of the requirements of the Soil Management Plan, and the Plan must be available on-site throughout the course of the project; and (ii) 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 removal of soils from the AUL area. The Health and Safety Plan should clearly describe the location of the contaminated soil to be excavated and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that workers and receptors in the vicinity are not affected by chromium or petroleum impacted soil through fugitive dust or particulates. Workers within the designated AUL area must be informed of the requirements of the Health and Safety Plan. The Plan must be available on-site throughout the course of the project. (111�44 F-/d/°-'• Anthony . DelTufo, LSP Date ANTHONY 0 M. u DELTVFO - two.8859 H SITE Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM :Pursuant to 310 CMR 40.1070-40.1084 (Subpart J) 3 17817 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Street: R6 Tack cnn Street Location Aid: City/Town: Rat em ZIPCode_ Address of property subject to AUL,if different than above. Street: Cityftown: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ® Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4) (complete all sections of this form). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form). Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3) (complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2) (complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge, > 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 submitral(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(1)(b); > if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Termination of 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(it)complies with 310 CMR 40.1083(3)(a); > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(it)complies with 310 CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1); > if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii) complies with 310 CMR 40.1083(3)(a). I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know to be false, inaccurate or materially incomplete. ® Check here it the Response Action(s)on which this opinion is based,it any,are(were)subject to any ordeds),permit(s)and/or approvals) issued by DEP or EPA. It the box is checked,you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 5/8/95 Do Not Alter This Form - Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 17817 C. LSP OPINION: (continued) LSPName: Anthony M. DPl Tufo - LSP#: 8959 Stamp: H OF 4SyT A4S Telephone: 781 -849-1800 Ext.: 8971 ° ANTHONY FAX: 781 -794-17Cn M. DELTUFO No,8958 LSP Signature: Date: O / SITE YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5/8/95 Do Not Alter This Form Page 2 of 2 NEW ENGLAND CIVIL ENGINEERING CORP. 120 WASHINGTON STREET,SUITE 202E,P.O.BOX 3026,SALEM,MA 01970 PH:978.741.7401-FAX:978.741.7402—WWW.ENGINEERINGCORPORATION.COM 'J e May 24, 2013 Mr. Ziad Nabbout Salem BP, 34 Jackson Street Salem, MA 01970 Re: Professional Engineering Services Engineering Layout of Proposed Garage - 86 Jackson Street Vacant Parcel Dear Ziad: I greatly appreciated the opportunity to speak with you at your business last week to discuss the proposed building you plan to construct on the adjacent vacant parcel (86 Jackson Street) in Salem. At your invitation, we have prepared this Letter Proposal to provide professional engineering services relating to the permitting of your intended use on that parcel. We request that you execute this Letter Proposal and return one copy to my attention for our files. Project History You retained the services of Attorney Joe Correnti (of the law firm Serrafini, Sarrafini, Darling, Correnti) to assist with purchase of a vacant parcel located at 86 Jackson Street for the purpose of constructing an automotive service station. The parcel is zoned B-4 and is zoned appropriately for the intended use of an automotive service station, however the City of Salem requires the desired "Use"to be approved by the Salem Zoning Board. An existing property survey is available for the parcel which was prepared as part of an Activity & Use Limitation (AUL). As part of this Project, you previously requested New England Civil Engineering Corp. (NECE) to provide the services of a professional engineer to review the existing property survey and zoning requirements and lay out a proposed garage footprint for use by Joe Correnti in filing a permit for the proposed "Use"of the parcel. We understand you have recently retained North Shore Survey to complete a property line and topographic survey and the survey results will be available for NECE use during design. We also understand you have retained an architect to design the specifics of the building and the building schematics and foundation details will be provided to NECE during design. Project Understanding At this time you request engineering assistance to prepare a site plan and construction details showing existing and proposed site grading and topography; proposed utility connections between the building footprint and the City of Salem utilities including domestic water, fire water service, sanitary sewer, drainage (oil water separator) to the sewer, drainage, gas, and buried electric and telephone if applicable; and curbing and sidewalk surface features. The site plan and construction details will be used to secure a Drainage Alteration Permit, Street Opening Permit, and Building Permit from the City of Salem. WATER RESOURCES - BURIED INFRASTRUCTURE-PUBLIC WORKS - CONSTRUCTION ADMINISTRATION - LAND DEVELOPMENT SCOPE OF WORK: Task 1) Meet with Ziad Nabbout and discuss his plans for a proposed automotive service station (garage) and the location of the vacant parcel at 86 Jackson Street. Communicate with Joe Correnti to review any site plan requirements for the Salem Planning and Zoning requirements. Task 2) Review existing property line survey plan (by North Shore Survey) provided by Ziad Nabbout. Revise schematic site plan drawing prepared by NECE to incorporate the existing conditions from the new survey and the proposed building footprint and layout as approved by Salem Zoning Board. Layout indicates approximate locations and widths of driveway entrance(s), limits of paved areas, and designated parking spaces. Task 3) Review schematic building layout prepared by architect and revise schematic site plan prepared by NECE to incorporate proposed dimensions of the building based on standard or readily available prefabricated building materials. Existing layout incorporates a building 85-feet long and 35-feet deep with the required setback of 25-feet rear and providing a 10-foot setback to all property lines. Task 4) Complete surface manhole investigations in Jackson Street to identify the size, material, and depth of existing sewer and drain utilities. Complete level survey between the sewer and drain utility manholes and surveyed benchmark on the Jackson Street parcel established by others. The cost of police details as required to complete the utility investigations will be paid directly by Client. Task 5) Review architects recommendations for bathroom plumbing and garage space drain locations as well as requirements for fire sprinkler service and location of natural gas feed. Prepare schematic utility layout to identify the location, size, and depth of proposed sewer, drain, and water utilities including locations of garage drains, oil/water separators, parking lot drains and catch basins, and domestic and fire water services as applicable. Identify proposed grade changes required to make gravity connections to the City utilities and/or suggest modifications to architects layout to reduce requirements for site grading and/or utility pumping. Task 6) Assist Client with preparation of plans and information as required to submit a Drainage Alteration Permit application to the City of Salem Engineering Department. Revise site plans and address City comments as required. Task 7) Coordinate with Client's site contractor and facilitate utility markout in the street (through DigSafe and City DPW) to identify buried utilities including water, sewer, drain, and gas. Measure actual locations of buried utilities and revise site plan to reflect the actual locations of buried utilities and proposed locations of utility connections. Task 8) Assist Client with preparation of plans and information as required to submit Street Opening Permit application to excavate in City Streets and make utility connections. Task 9) Assist Client with request to NationalGrid to install gas utility connection to proposed building location. Task 10) Assist Client with preparation of plans and information as required to submit Building Permit application from the City Building Department. NEW ENGLAND CIVIL ENGINEERING CORP. • - Page 2 of 4 Expanded SCOPE OF WORK: Task 11) If required or requested by the City of Salem, and at the request of Ziad Nabbout; prepare additional versions of site plan drawings and construction details; attend additional meetings with City, Client, or Clients representatives; or complete site visits and progress observations during construction. PROJECT BUDGET: The majority of the site visits and engineering services will be performed by a professional engineer licensed in Massachusetts. Permitting and office production assistance will be performed by a project engineer. The following labor estimates are based on our current understanding of the project and provide a basis for you to gage the relative level of effort required for each task. These estimates represent the combined investment (total person-hours) of a Professional Engineer and Project Engineer: Task 1) 1 hour, Task 2) 4 hours, Task 3) 2 hours, Task 4) 4 hours, Task 5) 4 hours, Task 6) 2 hours, Task 7) 4 hours, Task 8) 2 hours, Task 9) 2 hours, Task 10) 2 hours, Task 11) On Call New England Civil Engineering Corp. will complete the Scope of Services described in Task 1 through Task 10 for a lump sum amount of Three Thousand Dollars ($3,000.00). Additional or expanded Scope of Services will be on an accrual (time and materials) basis at an hourly rate of$88.00 to $150.00 depending on the labor category required, plus out of pocket expenses. Written direction from Ziad Nabbout will be required to expand scope of services. PROJECT SCHEDULE: New England Civil Engineering Corp. will complete the Scope of Services described in Task 1 through Task 10 above within 30 working days following receipt of written authorization to proceed and copies of all documents to be reviewed as described in Tasks 1 above. PAYMENT TERMS: Periodic invoices will be submitted to the Client and will be based on percentage completion of individual tasks as described above. Invoices are payable within fourteen (14) days of receipt and approval by Client. EXPENSES: The method for charging expenses, sub-contracted or supplemental services is 1.15 x the actual cost of the direct expense. ACCEPTANCE: This document, unless otherwise noted by you, will serve as an "Agreement to Professional Services". Please sign this proposal in the space provided and return one executed copy to my attention at your earliest convenience to initiate the project. We have provided one execution line for yourself to provide us with authorization to proceed but will be happy to revise or append the format of this letter with additional signature lines at your request. RETAINER: If at all possible, we request that you forward one executed copy of this Agreement to my attention for our files along with an advanced payment for services rendered on this Project to date in the amount of 33% of the budget, or $1,000.00. NEW ENGLAND CIVIL ENGINEERING CORP. - Page 3 of 4 If you have any questions or require additional information, please do not hesitate to contact me at any time on my cell phone at 978-767-5415 or at my Salem office at 978-741-7401. We thank you for the opportunity to work together on this project and look forward to developing a successful and rewarding partnership moving forward. Sincerely, William M. Ross, P.E. Project Manager/Principal Engineer New England Civil Engineering Corp. Contract Authorization: Mr. Ziad Nabbout, Owner, 86 Jackson Street Salem, MA Signature: Date: NEW ENGLAND CIVIL ENGINEERING CORP. - Page 4 of 4