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59 JEFFERSON AVENUE - BUILDING INSPECTION �% �e-F-Fer.Sd� Ar�� J` W �III Vlid ATSTO Engineering & Consulting, Inc. August 21, 2006 File No. S 1105 Salem City Hall Office of the Building Commissioner 93 Washington Street Salem, Massachusetts 001970 Attention: Mr. Thomas J. St. Pierre RE: Public Notification of an Amendment to an Activity and Use Limitation 59 Jefferson Avenue Salem, Massachusetts RTN 3-3651 Dear Mr. St. Pierre: The purpose of this letter is to notify Salem City officials of the availability of an Amendment to an Activity and Use Limitation (AUL) filed with the Essex County Registry of Deeds on August 18, 2006 and the Massachusetts Department of Environmental Protection (MassDEP) on August 21, 2006. This written notification is intended to satisfy the public notification requirements of the Massachusetts Contingency Plan (MCP) 310 CMR 40.1403(7). Mr. Carl Shapiro of Wheatstone Engineering & Consulting, Inc. (Wheatstone) is the Licensed Site Professional-of- Record for this site. The objective of the Amendment to the AUL relating to RTN 3-3651 was to clarify the area of AUL and pavement to be maintained. A copy of this submittal is available for review at the MassDEP located at 205B Lowell Street in Wilmington, Massachusetts by calling (978) 694- 3200, or may be obtained by contacting Mr. Shapiro at 781-380-0600.If you have any questions, please feel free to call us at(781) 380-0600. 220 Forbes RoadlSuite 405 Braintree, MA 02184-2715 tel (781) 380-0600 fax (781) 380-0601 59 Jefferson Avenue Auzust 21, 2006 File No. S1105 Page No. 2 If you have any questions, please feel free to call us at(781) 380-0600. Sincerely, Wheatstone Engineering &Consulting, Inc. d4fi l Carl Shapiro, LSP Principal cc: Department of Environmental Protection,Northeast Regional Office CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL ^ 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 01970 TELEPHONE 978-7459595 I9E p'° FAX. 978-7409846 r� KIMBERLEY DRISCOLL 229 rl-C -3 P 2: 11 MAYOR i December 3, 2008 Decision City of Salem Zoning Board of Appeals Petition of John Granese, Trustee of the Granese Bros. Realty Trust, seeking a variance from side yard setback to modify an existing structure, to accommodate an expansion of the building, located at 59 JEFFERSON AVENUE. A public hearing on the above petition was held on November 19, 2008 pursuant to Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Robin Stein, Rebecca Curran, Richard Dionne, Beth Debski, Annie Hams, Bonnie Belair and Jimmy Tsitsinos. Petitioner seeks a variance pursuant to Section 9-5 of the City of Salem Zoning By-law.. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings of fact: 1. Attorney George W. Atkins, representative of the petitioner, John Granese, Trustee of Granese Bros. Realty Trust, presented the petition for the property Mr. Granese owns at 59 Jefferson Avenue in the I Zoning District. 2. Petitioner proposes to expand the existing 3,600 square foot garage structure by 2,400 square feet, resulting in a five-foot encroachment into the existing side yard. 3. The proposed expansion is shown on the plans titled "Plan Showing Proposed Addition, No. 59 Jefferson Avenue, Salem, Massachusetts," prepared by N. Granese and Sons, Inc., and "Proposed Plot Plan, 59 Jefferson Avenue, Salem, Massachusetts," prepared by Parsons and Faia, Inc. 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 Zoning Board of Appeals concludes as follows: 1 i I. The petitioner may vary the terms of the Industrial Zoning District to enable the proposed development, which development is consistent with the intent and purpose of the City of Salem Zoning Ordinance. Zgga KN -3 P 2� " 2. In permitting such change, the Board of Appeals requires certaip appropriate, conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein, Debski, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a variance subject to the following terms, conditions, and safeguards: 1. 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 inspection is to be obtained. 6. Petitioner is to obtain approval from any City board or Commission having jurisdiction including, but not limited to, the Planning Board. Robin Stein, Chair Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. 2 POSTERNAK, BLANKSTEIN & LUND, L.L.P. ATTORNEYS AT LAW 100 CHARLES RIVER PLAZA BOSTON, MASSACHUSETTS 02114-2 72 3 TEL 617-973-6100 ALARic K.SWIFT FAX 617-36(�7-2315 LEGAL ASSISTANT E-MAIL PBL@PBL.COM - DIRECT DLA.NUMBER 617-973-6116 December 2, 1997 ERIK LUND,P.C. CERTIFIED MAIL NOEL G.POBLAN AK,P.G. RETURN RECEIPT REQUESTED RICHARD K BLANKSTEIN,P.C. DONALD H.SIEGEL,P.C. Leo Tremblay, Zoning Inspector DAVID M.SAL9'IFL IRAJ.DErrSCI, City Hall Annex ROSANNA SATTLER I Salem Green MICHAEL].STONE M-- -0 � GEORGE.A.BERMAN Salem, MA 019 M— , RUSSELL DUNNING LAURENCE FIELD GERALDJ.BILLOW 59 Jefferson Avenue- Salem, MA JOHN EcAN LAWRENCE L.ATFIAaN,JR. ROBERT M.SCHLEIN Dear Sir. CATHERINE J.SAVOIC MICHAELJ.WOLFSON STEVEN S.BROADLEY CW1,11M C.SMITH suant to the Massachusetts Contingency Plan as defined JEFFREY W.AmsTRONG under 310 CMR 40.1403, enclosed please find a copy of the Notice of Activity DusTN F.HECKER DAVID Y.LI and Use Limitation with regard to the above property which was recorded in the JO-APAULA.Izzo uLLo Essex South District Registry of Deeds on October 30 1997 in Book 14400 Pape PAUL A.ILLO g "> > , O VALERIE C.SAMUELS 225. If you have any questions or concerns with regard to this matter, please do MICHAEL L.ANDRESINO DEBORAH DIVERDI CARLSON not hesitate to contact me. SUSAN E.COI EN DAVID C.HARLOW SUSAN S.RIEDEL Very truly yours, DAVID B.WESTEBBE JOSEPH S.BERINIAN . (/ -•-` RODNEY S.DOWELL JAMF,S M.LnLE .e _ RANDALLJ.CARRIGAN JOSEPH P.CRINMINS Alaric K. Swift JULIE A.BROGAN J Ll ANTITONYL.GALVACNA Legal Assistant JEFFREY S.BRODY CRISTINA L.TURaNBULL JULIE E.HAWKINS AKS/" a THEODOREJ.PETRAxoS EriC10SUTe5 MATTHEWJ.HOGAN DANIEL T.MDDERS,III BEVERLY A.RICHARD OF COUNSEL JOSEPH R.SCIFLMIDT STANLEY N.WALLERSTELN ROBERT O.RESNICK NICHOLASJ.NESGOS ID#67701v01/6700-316 12/2/97 &PLAN Form 1075 BK 14400 PG `2._l 1� F ACTIVITY AND USE L N 1 NOTICE O IMITATIO ll M.G.L.c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name:Ryder Truck Rental, 59 Jefferson Avenue, Salem, Massachusetts DEP Release Tracking No.(s): 3-3651 This Notice of Activity and Use Limitation ("Notice') is made as of this 29"1 day of October, 1997, by Morton S. Grossman. and Louis J. Grossman. Trustees of 59 Jefferson Avenue Tryst. wider declaration of Trust dated February 2. 1981 recorded with Essex South District Registry of Deeds in Book 6789. Pace 268, with a business address c/o The Grossman ComQanies. 1266 Furnace Brook Parkway. Quincy. Massa,together with its successors and assigns (collectively "Owner'). WITNESSETH: WHEREAS, 59 Jefferson Avenue Trust, of Ouincy, - Norfolk County, Massachusetts is the owner in fee simple of that certain parcel of land located in Salem , Essex County, Massachusetts, with the buildings and improvements thereon("Property"); 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 a portion of Parcel C shown on a plan(recorded in Essex South District Registry of Deeds in Plan Book 966 , Plan and as Lot 1 on a plan to be recorded herewith. WHEREAS, the Property comprises all of a disposal site as the result of a release or 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(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 ail 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 Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion('AUL Opinion"), dated October 29, 1997(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. Permitted Activities and Uses Set Forth in 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 7/28/95 310 CMR- 1704 'fz- longg as any of the following activities and uses occur on the Property: (i) The current use of the property (vehicle maintenance and storage and office use)and routine maintenance of existing trees and landscaping; (ii) Other surficial activities which do not disturb the existing pavement; and . (iii) 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 fords in this Paragraph. 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) Residential use; (ii) Activities which disturb the soil to a depth greater than two (2) feet without supervision by a Licensed Site Professional, including, without limitation, utility construction or maintenance activities, the planting of trees, shrubs or other vegetation drat would involve excavation of the subsurface soils, and/or their mixture with surface soils. 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) Maintain pavement cover thickness; and (u) Supervision of Licensed Site Professional(LSP)of any subsurface work performed,or work which could expose workers to the subsurface soils, including without limitation, the installation, replacement or maintenance of utilities and replacement of existing buildings or pavement. 4. Proposed Changed 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 draw currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to where 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. 7/28145 310 CMR- 1705 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 ISP 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. Incomoration Into Deeds. Mort ages. Leases. and Instruments of fifer. This Notice shall be incorporated either in full or by reference into all deeds, easements, mortgages, leases, licenses, occupancy agreements, or any other instrument of transfer, whereby an instrument 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(ices)of Deeds and/or Land Registration Office(s). 7/28/95 310 CMR- 1706 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION. Form 1075: continued WITNESS the execution hereof under seal this :?t eday of OCA' 19 U Marton S . .Crossman.Trustee as aforesaid and not Individually COMMONWEALTH OF MASSACHUSETTS q Then personally appeared the above named HO an.l S.0CPSra'41 and acknowledged the foregoing to be his/her free act and deed before me, as Trustee as aforesaid. Notary` blic: 4& , My Commission Expires: � 2 The undersigned LSP hereby certifies that helshe executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his/her Opinion, _ this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: tU o2 4�t/t/ ?u�,LJ r LSP [LSP SEAL1 VALNM COMMONWEALTH OF MASSACHUSETTS ss , 1 Then personally appeared the above namedZZL/(Z 1// and acknowledged the foregoing to be his/her free act and deed before me, r— Nblic: M ommission Expires: Upon recording, return to: !/ The Grossman Companies, Inc. 1266 Furnace Brook Parkway Quincy Massachusetts 02269-0110 M N. : 1:uep"t:&tmvbtMt075(word) 7/28/ 5 310 CMR- 1707 EXHIBIT "A" The Land, together with the buildings and improvements thereon and appurtenances thereto, situate in Salem, Essex County, Massachu- setts, shown as Parcel C on a Plan entitled: "Land in Salem, Mass. Boston & Maine Railroad to Hia Pearl Corporation", dated January , 1961, being a Plan and Survey prepared by Schofield Bros. , Reg . Land Surveyors recorded with the Essex South Registry of Deeds , Plan Book 96 , Plan 6, being bounded and .d'escribed as follows : Beginning on the southeasterly side of Jefferson Avenue and at the most northerly corner of land of Alice M. Mahoney, thence running North 18" 08' 40" East by said Jefferson Avenue four hundred seventy and ninety-five hundredths (470.95) feet to a point at land of North Shore Waste Paper Co. ; thence running North 72° 18 ' 10" East by said last mentioned land two hundred nine and forty-one hundredths (209 . 41) feet to a point at remaining land of the Boston and Maine Railroad; thence turning and running by said last mentioned land on two (2) courses as follows : South 26° 20' 10" East two hundred fifty and ninety-one hundredths (250.91) feet and South 230 55 ' 50" West six hundred twenty- seven and no hundredths (627.00) feet to, a point at land of A.C. Titus & Co. , Inc. ; thence turning and running by said last mentioned land North 110 43 ' 40" West two hundred thirty-three and thirty- three hundredths (233 . 33) feet to a point at land of Alice M. Mahoney; and thence turning North 69° 28' 00" West one hundred sixty-six and twenty-six hundredths (166 .26) feet by land of Alice M. Mahoney to the point of beginning, be all of said measurements more or less, said parcel containing about four (4) acres acid eleven .thousand, three hundred eighty-four (11, 384) square feet. Excepting, however, that portion of the above-described premises conveyed to J. A. Michaud Enterprises , Inc. by deeds of Hia Pearl Cor- poration, dated April 12 , 1961, recorded with Essex County South Registry of Deeds , Book 4760 , Page 19 and May 8 , 1963 , recorded with said Deeds, Book 5060 , Page 168 . i Exhibit A(cont'd) Said premises are also bounded and described as follows: The land, with the buildings thereon, known as and numbered 59 Jefferson Avenue, Salem,Essex County,Massachusetts, shown as Lot I on a Pian entitled"Plan of Land in Salem, Mass.,owned by 59 Jefferson Avenue Trust, Moran S & Lewis J. GrossmanTrustee,"dated January 24, 1997,to be recorded herewith,bounded and described as follows: Northwesterly by Jefferson Avenue, 129.95 feet; Northerly by Iand of Newark Boxboard Company, according to said plan,209.41 feet; Easterly again by said land of Newark Boxboard Company, according to said plan, 250.91 feet; Southeasterly by land of the Boston& Maine Railroad, according to said plan, 74.77 feet; Southerly by land of J. Alex Michaud & Dorothy B. Michaud, 338.02 feet. For title, see deed of Grossman Industrial Properties, Inc., dated February 2, 1981, recorded with said Deeds in Book 6789, Page 273. Sn A 44307vOl/67W311 7n/97 INC NerY �y�'rid Foi✓er Z£i`', 74.77 `:. w - 4 � t t EXHIBIT B 4i Disposal site marked y by cross-hatching: 4. Cv 005 - z a Ab v pry, ti « r 14, 18'. C+g' 40•. E' 'EFFEK 0U (�w�tnE} AVF WUF Massachusetts Departure vironmental Protection BWSC-114 Bureau of Waste Site Clean EXHIBIT c .t_ ACTIVITY & USE LIMITATION(AUL}:OPINION FORM Release T Number�• . - Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 13 . 3651 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: Ryder Truck Rental street: 59 Jefferson Avenue Locatpn Aid. Cityrraw.ri Salem ZIP Code: 01970 Address of property subject to AUL,if different than above. Street: Cayrtmon: 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 as sections of this form). i Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation.pursuant to 310 CMR 40.1081(4) (complete sit 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) T (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40107 1,(complete all sections of this form). I Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this form). J Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete as 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 as documents accompanying this submittal. in my professional opinion and judgment based upon application of m the standard of pre in 309 CMR 4.02(1),(it)the applicable provisions of 309 CMR 4.02(2)and(3),and(tic)the provisions of 309 CMR 4.03(5),to the best of my knowledge,information and belief, > N Section B indicates stat a Notice of Activity and Use Limttation is being registered androrrecorded.the Activity and Use Limitation that is the subject of this submittal(I)is being provided in accordance will%the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(a)complies with 310 CMR 40.1074(t)(b); > 9 Section B indicates that an Amended Notice of Activity and Use Limhation is being registered andror recorded,the Activity and Use Limitation that is the subject of this submittal 01 is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(r7 camppeswith 310 CMR 40.1080(1)and 40.1081(1); - > 9 Secdan 8 indicates that a Terminadon of a Notice of AefJvtiy and Use Limitation is being registered andlor recorded,the Activity and Use Llmaaton that is the subject of this submittal()is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and III complies with 310 CMR 40.1083(3)(a); > it Section 8 indicates that a Grant of Environmental Rest ic8on is being registered anoVor recorded,the Activity and Use Limitation that is the subjed of this submittal(1 is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(a)complies with 310 CMR 40.1071(1)(6); - > N Section 8 indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Urnaabirn that is the subject of this submittal(}is being provided in accordance with the app4icabte provisions of M.G.L.c.21 E and 310 CMR 40.0000 arm(e)complies with 310 CMR 40.1080(1)and 40.1081(1); > N Section 8 indicates that a Release of Grant of Environmental Restriction is being registered andlor 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.e.21 E and 310 CMR 40.0000 and (h)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. X!! Check here if the Response Acthon(s)on which this opinion is based.U any,are(were)subject to any order(s),permit(s)andfor approval(s) —' issued by DEP or EPA. 11 the box is checked,you MUST attach a statement identifying the applicable provisions thereof. MAIM OF APPROVALS (copy attached) SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 618195 Do Not Alter This Form Pap 1 of 2 Massachusetts Departmen!- Wronmental Protection BWSC-114 Bureau of Waste Site Cleanup . .. _,.:_..._._-...... . . Release Tracking Number ACTIVITY & USE LIMITATIOM,(AllL)OPINION FORM Pursuant to 310 CMR 40.1070-40.1084(Subpart J) C; 1 3651 C. LSP OPINION: (continued) LSP Name: William J. MaWO LSP k: 4966 Stamp: Tekptwrw: (817) 498-4635 E>d.. s f FAX: (617) 497-9023f LSP Signature: Date: 0�5� YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5MM Do Not Aker This Form Paga i of 2 . x - `-- EXHIBIT C LSP Opinion regarding Activity and Use Limitations Associated with the Response Action Outcome (RAO) Statement for the Property at 59 Jefferson Avenue, Salem, Massachusetts Release Tracking Number (RTN) 3-3651 The site at 59 Jefferson Avenue is historically a commercial property currently owned by the 59 Jefferson Avenue Trust. The property is approximately pentagonal and is comprised of 1.37 acres. The building on the site is currently vacant and the site is unoccupied. The most recent tenant was Ryder Truck Rental Company (Ryder), which occupied the site between 1962 and 1995. The site was identified as a Location to be Investigated(LTBI) on July 15, 1991. A Waiver of Approvals was granted to Ryder in January, 1994. The Waiver stated that Ryder was to conduct remedial actions associated with a release from on-site USTs, assess floor drain conditions,and assess the nature and extent of tannery wastes on-site. Ransom Environmental Consultants, Inc. (Ransom) prepared Phase I and Phase II Site Investigation Reports, which were filed with the Massachusetts Department of Environmental Protection(MADEP). Subsequent to Ransom's work, S E A Consultants Inc. (S E A) was retained by the property owner to review existing information and to conduct a limited independent investigation of subsurface conditions. S E A concluded that the metal contamination in the soils at the site could be attributed to tannery wastes reportedly used as fill at the site. PAH contamination detected at the site may arise from a number of sources including fill material, contamination deposited over a wide region by a historical fire in Salem, or the presence of oil, as defined in the regulations. Based on remedial and investigative activities completed by Ransom,the Risk Characterization completed by Ransom, the investigative work conducted by S E A, and a Method 3 Risk Characterization completed by S E A and Cambridge Environmental, Inc., the petroleum hydrocarbons,PAHs, and metals contamination at the site do not present a threat to health,public welfare, or the environment, and that the condition of"No Significant Risk"can be maintained in the future provided that the Activity and Use Limitations (AULs) outlined below are maintained. The current scenario indicates that the two instances where incremental increases in risk are anticipated are in the case of construction workers excavating soil or installing utilities or a child trespasser. It was determined through analysis of the risk characterization that if contact with the subsurface soil could be eliminated by use and maintenance of an impermeable surfacing material, a condition of"No significant Risk" could be maintained at the site. The following conditions were defined to meet the requirements for maintaining a condition of"No significant Risk" as long as any of the following activities and uses occur on the Property: (i) The current use of the property (vehicle maintenance and storage and office use) and routine maintenance of existing trees and landscaping; (ii) Other surficial activities which do not disturb the existing pavement; and (iii)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. 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) Residential use; (ii) Activities which disturb the soil to a depth greater than two (2) feet without supervision by a Licensed Site Professional, including, without limitation, utility construction or maintenance activities, the planting of trees, shrubs or other vegetation that would involve excavation of the subsurface soils, and/or their mixture with surface soils. 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: (ii) Maintain pavement cover thickness; and (n) Supervision of Licensed Site Professional (LSP) of any subsurface work performed, or work which could expose workers to the subsurface soils, including without limitation, the installation, replacement or maintenance of utilities and replacement of existing buildings or pavement. William J. Malli , Ph.D.,LSP Date S�of�ccq�, �UAM �Fm � MAU.10 s �p 496_6�, r. IAmpottatgrossm V-SP*doc (iii)Such other activities of 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. 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) Residential use; (ii) Activities which disturb the soil to a depth greater than two (2) feet without supervision by a Licensed Site Professional, including, without limitation, utility construction or maintenance activities, the planting of trees, shrubs or other vegetation that would involve excavation of the subsurface soils, and/or their mixture with surface soils. 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: (ii) Maintain pavement cover thickness; and (ii) Supervision of Licensed Site Professional (LSP) of any subsurface work performed, or work which could expose workers to the subsurface soils, including without limitation, the installation, replacement or maintenance of utilities and replacement of existing buildings or pavement. William J. MallieTPh.D.,I.SP Date MAuas� J IA=p"\gwssm \SPopf.do •.r ar..I,�wEAIfH OF MASSACHUSFT i oc F3 q A TP COPY OF RECORR J So a PAGEATT '2 s` 1jj '1,��` REGISt ER — o ✓EFFER90N --.► �n AVENUE o 5tR BERTUCC/o AVE �� �"� `Q� L OCUS MA P ti LOT l �N10 / n��cc o H L J * ASSESSORS MAP 24 LOT 0//2 00 a m � ' w 'h 30o . 777-7 ti � `1 'b o L _� sT 0 b'_p „ ZS•p - - ---� )r, 3s n. (� 3 41 �D �ooatop .12 • Spy a JEFFERSON Q VENUE ZONING (l ) INDUSTRIAL LOT AREA 40, 000 S. F (MIN) PROPOSED PLOT PLAN LOT WIDTH 150 FT (MIN) 59 JEFi-ERSON AVENUE FRONT YARD 30 FT (MIN) Sri L EM , M! SS CHOSE T TS SIDE YARD 30 FT. (MIN ) E.'1 =.3 T 22 2 S SCALE. 0 AUGUST 00 AR YARD 30 FT.RE--- PARSONS AllID FAIQ INC. BUILDING COVERAGE 45 % (MAX) so LEWIS srREE r LYNN , /MASS. 0 30 60 90 120 /5O sI,XAAA Db. HOF l PROPOSED BUIL DING COVERAGE D L M 6 000 S.F. ' 1 r cwAFles e � D. ,n 9.9 { a FAIA 60, 785 S. F. ' A'o �pv No.30316 FEss10 aeaSUFVE� i