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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
9��rDNCvW� 120 WASHINGTON STRFFT♦ SALEM,MASsncxusEMS 0197 OCT —2 P 0- 12
KIMMRi,FY DRiscois. TELE::978-745-9595 ♦ FAX:978-740-9846 FILE tl
MAYOR 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 (134).
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: Ms.
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 (134 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:
X9.3 Board of Appeals
§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
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 Requirements 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
q Ordinanceg 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, Mx. 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 motor vehicles, trailers or
boats, of the City of Salem Code of Ordinances.
Cin /
Rebecca Curran, Chair
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 Lawr Chapter 40A, and shall be fled within 20
days of filing of this decision in the ofce of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Pennit granted herein shall not take effect until a copy of the decision bearing the certifcate of the City Clerk bar been filed with the Essex South
Registry of Deeds.
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09104/2002 6 Bk 19181 P9:394
FORMFORM 1075
NOTICE OF ACTIVITY AND USE LIMITATION
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'"
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
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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;
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0910412002 WPM OTHER Pn 3115
(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. Oblisations 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 .req., 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
2002090400630 Bk,19181 P9197
08/04/4002 14:67:00 OTHER Po 417E
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. Leases. and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument 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 seal by the undersigned
LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or land
Registration Office(s).
WITNESS the execution hereof under seal this 2t:3 day of A�,, > 2002.
Owner: Jackson Street Industries, Inc.,
c/o Bartlett, Hackett, Feinberg, Gentilli,
Liston, Brown & Phalen, P.C_
By: v0�"
Mr. Edw d J. Bartlett, Jr.
Attorney
COMMONWEALTH OF MASSACHUSETTS
swf'f -rc , ss l�w��r�t 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,
Notary Public: n {}ffg //G/!4e�
My Commission Expires 9 �yC
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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:
Anthony M elTufo, LSP
COMMONWEALTH OF MASSACHUSETTS
, ss Ct .T9t 3d 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: C--kda.,
My Commission Expires:
S � -2-
Upon recording, return to:
Jackson Street Industries, Inc.
c/o Mr. Edward J. Bartlett, Jr.
10 High Street, Suite 920
Boston, MA 02110
2002090400830 M;191814:399
08704!2002 14:57:00 OTHER Pg 5/15
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 Siena/tune, (�
Edward J. Bartlett, Jr.,President
Edward J. Bartlett,Jr.,Treasurer v
Edward J. Bartlett, Jr.,Clerk _
IN WITNESS WHEREOF, I have set my hand and affixed the seal of the Corporation
this 301h day of August, 2002
Edward J. Mrtlett, Jr.,Clerk
2002990400630 Sk;19181 P9:400
09104/2002 14:67:00 OTHER PG 7116
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,
otaryPublic ) vJF_ /,ahar
My Commission Expires i2aJOF
-2-
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0910412002 14:57:00 OTHER Po BMS
Exhibit A
Description of Parcel of Land Containing Area Subject to AUL
JACKSON STREET INDUSTRIES,INC.
86 JACKSON STREET
SALEM,MASSACHUSETTS
AEP 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 78°58'00" 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 76603'00' W a distance of thirteen and ninety one hundredths feet (13.91') to a
point, thence;
S 13657'00" 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 76003'00" W a distance of sixty three and sixty six hundredths feet (63.66') to
the point at beginning.
I
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Exhibit A-1
Description of Area Subject to AUL
JACKSON STREET INDUSTRIES,INC.
86 JACKSON STREET
SALEM,MASSACHUSETTS
DEP Release Tracldng 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 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 76603'00" W a distance of one hundred fifty nine and twenty five hundredths
feet(159.25')to a point,thence;
N 11'09'1 7" E a distance of forty eight and twenty four hundredths feet (48.24')
to the point of beginning. ,
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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.
t
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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.
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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 310 CMR 40.0030.
Oblieations 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.
Y- 3 a A.Z
Anthony . DelTufo, LSP Date
ANTHONY
MLTUFO
am1
Massachusetts Department of Environmental Protection 13WSC-714
Bureau of Waste Site Cleanup
Release Tracking Number
ACTIVITY & USE LIMITATION (AUL) OPINION FORM
- Pursuant to 310 CMR 40.1070-40.1084(Subpart J) E 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: 2002090400630 Bk:19181 Pg:407
Street: aF 1wr•,kenn crranr Location Aid: ,
09104!2002 14:67:00 OTHER Pa 14/16
City/Town: Ra1Pm ZIPCode: nia?n-nnnn
Address of property subject to AUL,it different than above. Street:
City/Town: 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(1)the standard of care in 309 CMR
4.02(1),(it)the applicable provisions of 309 CMR 4.02(2)and(3),and(ifh 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 submittal(1)Is being provided In accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(11)complies
with 310 CMR 40.1074(1)(b);
> 11 Section B Indicates that an Amended Notice of Activity and Use Limitation is being registered andlor recorded,the Activity and Use
Limitation that is the subject of this submittal(1)is being provided In accordance with the applicable provisions o1 M.G.L.c.21E and 310 CMR
40.0000 and(11)complies with 310 CMR 40.1080(1)and 40.1081(1);
> it Section B indicates that a Termination ora Notice of Activity and Use Limitation is being registered and/or recorded the Activity and Use
Limitation that is the subject of this submittal(1)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):
> if Section B Indicates that a Grant of Environmental Restriction Is being registered andelor recorded,the Activity and Use Limitation that is the
subject of this submittal(1)is being provided In accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(11)complies
with 310 CMR 40.1071(1)(b);
> if Section B indicates that an Amendment ton Grant of Environmental Restriction Is being registered arrdror recorded,the Activity and Use
Limitation that is the subject 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(it)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 andror recorded,the Activity and Use Limitation
that Is the subject 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(fi)
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,it i submit information which 1 know
to be false,inaccurate or materially incomplete.
Check here it the Response Action(s)on which this opinion Is based,0 any,are(were)subject to any order(s),perm(((s)and/or approval(s)
issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof.
SECTION C IS CONTINUED ON THE NEXT PAGE.
Revised 518/95 Do Not Alter This Form Page 1 of 2
Massachusetts Department of Environmental Protection BWSC 114
Bureau of Waste Site Cleanup
ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1070.40.1084(Subpart J) a 17817
C. LSP OPINION: (continued)
LSP Name: Mj)g,'L5'y1fc1 ISP#: ,g_9S0 Stamp: SN 4F 414x,
Telephone: .281 -840-1 Ann EM.: AZt 1
G�
FAX: 7A1 _704-17x0
No.am
LBP Signature: .__
Date: r_ arm
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
2002090400630 809181 PgAN
0810412002 14:67:00 OTHER Pi 16116
Revised 518/95 Do Not After This Form Page 2 of 2