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99 MARGIN STREET - ZBA i o i iversol® wwwmyuniversalop-com phone-"W75&4676 UN 112113 MADE IN USA Zonis Board Proiect �tat�.� cbeet Address & Applicant: ((]] Date Submitted to BOA: Clerk Stamp: Variances Only - Constructive Approval Date: cion days iron, filing) Abutters List Requested: Abutters Notice Sent: E/ Notice to Abutting Cities & Towns, Councillors: Legal Notice posted at City -- Hall: 14 days before meeting) Legal Notice Emailed & Confirmed: 4✓' Legal Notice Posted on Web: d Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Z ---- Continued Meetings: Closed at Meeting: Extension Form(s) Signed & Clerk Stamped? 2 i � Decision: Decision Filed: 3�1 Appeal Period Over: lite"decision filed) a��{ (21' day Decision Sent to Applicant: t Notice of Decision Sent to abutters, c and towns, wns, ZBA ACTION FORM )3©ARD ME11 13ER�' t .; MOTION SECOI�YD UOTR; Date: ebez ca^G�curan(° Irair Mike Duffy Petitioner: Tom Watkins Address: Jimm Tsitsinos -Jim Hacker(Alt.) Paul Viccica(Alt. Total: S — Conditions: �� `fin dro..W�! ❑Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. El 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. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(501/o)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. gPv� �ulvotT��` CITY OF SALEM MASSACHUSETTS BOARD OF AP r �} -S f 5I 120 WASHINGTON STREET♦ SALEM,MASSAC KIMBERLEYDRisCOLL TELE:978-745-9595♦ FAX:978-740-9 • A V MAYOR March 1, 2017 Decision City of Salem Board of Appeals Petition of EXCEL RECYCLING/SALEM, LLC, seeking a Special Permit per Sec. 3.1.2 Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance, to allow the applicant to operate a metal storage, recycling, and transportation facility categorized as a junkyard at 99 MARGIN STREET (Map 24 Lot 120)(1 Zoning District). A public hearing on the above Petition was opened on February 15, 2017 pursuant to M.G.L Ch. 40A, g 11 and closed on that date with the following Salem Board of Appeals members present: Mr. Duffy (Acting Chair),Mr. Tsitsinos,Mr. Watkins,Mr. Hacker (alternate), and Mr.Viccica (alternate) The Petitioner seeks a Special Permit per Sec. 3.1.2 Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance, to allow the applicant to operate a metal storage, recycling, and transportation facility categorized as a junkyard. Statements of fact: 1. In a letter dated February 15, 2017, representative Attorney Quinn requested to withdraw the application. 2. No testimony was heard for this case. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor Mr. Duffy (Acting Chair), Mr. Tsitsinos, Mr. Watkins,Mr. Hacker (alternate), and Mr. Viccica (alternate)) and none (0) opposed, to grant the petitioner to withdraw the application. THE APPLICATION IS WITHDRAWN. In-Al" " /CEJ Mike Duffy,Acting ChAir Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision, Jany, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fth'ng of this deasion in the office of the Gty Clerk Pursuant to the Massachusetts General I aws Chapter 40A, Section 11, the Variance or Special Pemsit granted herein shall not take sect until a copy of the decision bearing the certificate of the City Clerk bas been filed with the Essex South Registry of Deeds. TI nT QUINN, GROVER& FREY, P.C. 27 CONGRESS STREET,SUITE 414 SALEM,MASSACHUSETTS 01970 WILLIAM J.T1NTI THOMAS J.HOGAN tinti@tintilaw.com TELEPHONE t hogan@tintlaw.com WILLIAM F.QUINN (978)745-8065 MARCY D.HAUBER bl(quinnlaw@gmail.eom mhaubn @tintilaw.eom SCOTTM.GROVER TELECOPIER CHRISTINA M.MIHOS smgrover@tintilaw.com (978)745-3369 cmih(,s@tintilaw.com %�.tintilaw.mm MARC P.FREY CERISE JALELLAN mpfrey@tintlaw.00m cjalelian@tintilaw.00m JONATHAN M.OFILOS WILLIAM B,ARDIFF p965,,995) jofilos@tintilaw,com MARCIA MULFORD CINI,n,COUNRL JERALD A PARISELIA,OrCOUNSF.i. Feb. 15,2017 City of Salem Zoning Board of Appeal c/o Erin Schaeffer 120 Washington Street Salem, MA 01970 RE: Application of Excel Recycling/Salem LLC for 99 Margin Street Special Permit Dear Erin: My client Excel Recycling/Salem LLC hereby requests leave to withdraws its application to the Board for a Special Permit to operate as a junkyard at 99 Margin Street. Thank you, Very�truly yours, William F. Quinn r CC. Jonathan Costa Councilor Steven Lovely Councilor Josh Turiel City Planner Tom Daniel CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS �o - p4F 45 /w� ` CITY OF SALEM,MASSACHUSETTS jr Wig° BOARD Or APPEALS CITY CLERK. 120 WAST-IINGTON STREET,3m FLOOR SALEM' MASS. SALEM,MASSACHUSETTS 01970 Rlrij/ pQ „ Thomas Sc Pierre,.Director of Inspectional Services � � ` l ' Phone:978-619-5641 / Fax: 978-740-9846 �/ KimBERLEY DRISCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/ Fax:978-740-0404 AN 24 2017 TO THE BOARD OF APPEALS: r DEPT. OF PLANNING & The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:C O M M U N I TY DEVELOPMENT Address:99 Margin Street Zoning District: Industrial (1) An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) Applicant petitions to operate a metal storage recycling and transportation facility, categorized as a junkyard under the Ordinance, on a 60,000 S.F. portion of this 15 acre Industrial parcel (former B&M Railroad rail yards) ott or Jetterson Avenue. For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth of rear yard). What is allowed is 0?sq ft?stories? %?), and what 1 am proposing is (ft?sq ft?stories?%?). ( )A Special Permit under Section 3.1.2 of the Zoning Ordinance in order to operate a junkyard on Industrial property ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Genedral industrial Current Property Use as recyc ing Are Lot Dimensions Included?(X)Yes ( )No Why? (Example:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. ( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character,and f) Potential fiscal impact, including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B § 20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. If different from petitioner., Petitioner:Excel Recycling/Salem, LLC Property Owner:MBTA Address:9 Wildpepper Lane, Dartmouth„^ Address: 10 Park Plaza, Boston, MA Telephone:c/o William F. Quinn, Esq. Telephone: Email: Email: Signature: Signature:See attached License Agreement - applicant (Attached consent letter isso accept 6/e) Date: Date: require1 to o�tain all permits If different from petitioner. Representative:William F. Quinn, Esq. A TRUE Address:27 Congress Street,#414, Salem, MA ATTEST Telephone:978--745-8065 x110 Signature:e-/ / Z"—f E t Date:January 17, 2017 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. Statement of Grounds For Applicant Excel Recycling/Salem LLC Excel Recycling/Salem LLC is a company organized under the laws of the Commonwealth of Massachusetts and is an established business conducting a recycling business at 3 locations in Massachusetts. For the past 5 years, Excel conducted its business in Salem as a subtenant at the adjacent property known as 53 Jefferson Avenue. Last year, the sub-tenancy ended, and Excel entered into a License Agreement with the MBTA as owner of the adjacent property, known as 99 Margin Street, to move its operation as a metal storage and transportation facility onto a 60,000 SF portion of the MBTA property. The MBTA parcel is about 15 acres of land, all of which is zoned Industrial under the City Zoning Map and Ordinance. Applicant's proposed use is for the storage and transportation of metal only. Basically,trucks will deliver metal to the site; it will weighed, unloaded, sorted by type of metal and stored in piles on the site until loaded for transportation to other locations. There will be no crushing or shearing of metals on the site. The Salem Zoning Ordinance does not explicitly recognize recycling as a use in the City. Past practice has been to treat recycling as a "junk yard", which is allowed by Special Permit in the Industrial Zone. The applicant is therefore applying to the Zoning Board for a Special Permit to operate a junkyard on its licensed portion of the premises at 99 Margin Street. As shown on the plot plans by North Shore Survey Company which accompany the application, truck access to the licensed site is available from Jefferson by both an existing driveway currently shared with the owner of 53 Jefferson Avenue, and by a "Shared Pathway" defined in the License Agreement. Loaded Trucks will drive directly back to the applicant's licensed area and onto a truck scale;they will then be unloaded and weighed again so the load weight can be calculated. A small modular building will be erected as shown on the plot plans for administration of the facility. Applicant is seeking the Special Permit under Section 9.4 of the Ordinance on the grounds that this proposed use as a metal storage, recycling and transportation facility will not be substantially mre detrimental than the existing industrial uses on the site and in the neighborhood, because: a. Recycling of metal products is good public policy serving the social and economic of the community, and in Salem,such use can only be located on industrially zoned property. b. The licensed site has about 1 and % acres to accommodate traffic flow and parking on the site c. Adequate utilities and public services are available to the site d. This is a portion of a former B&M railyard is open and dirt covered;the only significant natural environmental concerns relate to flood zone and wetland buffer zone issues that will be regulate by the City of Salem Conservation Commission e. The entire 15 acre site, and the entire licensed area therein, are industrial in character and in zoning. Several other commercial/industrial businesses surround the site, including a paper recycling business, a construction company a moving company; this applicant's metal recycling use will be consistent with such other existing uses f. The applicant's business at the site will providing 6-8 regularjobs for manual laborers and administrative employees, and will the rent paid to the MBTA will contribute to its ability to support real estate tax payments associated with the property Conclusion The proposed use as a metal storage, recycling and transportation business is appropriate for this site will be no more detrimental to the neighborhood than existing uses, and will have a positive employment and fiscal impact for the City of Salem. ITHE SALEM NEWS REQUEST FOR LEGAL NOTICE I understand that by signing this form, I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper. Please make checks payable to THE SALEM NEWS: The Salem News Attn: Legal Notice 32 Dunham Road Beverly, MA 01915 Prepaid cost required to run: $520(Includes two (2) publications) ***Important:Average legal notice costs are-estimated; customer will either be refunded or billed after the legal notice is published. Check# (attach check) If payment is not received,the legal notice will be cancelled. (Signature) William F. Quinn �Jlkp MAP 25 LOT 653 2 WILLIAM UNSKEY 45 JEFFERSON AVE. \ \� MAP 25 LOT 651 \ CITY OF SALEM 5 JEFFERSON AVE. \ O W MAP 25 LOT 654 \ \\OF\\ NEWARK BOXBOARD CO. 53 JEFFERSON AVE. w r ` \ 0, \ 0 \ \ a \ \ MAP 34 LOT 475 NEW ENGLAND POWER CO. o \ \ \\ 97 MARGIN ST. 0. v ` \ MAP 24 LOT 116PROPOSED NEW ENGLAND POWER CO. \( \ 185 JEFFERSON AVE. 1 y 24'x60' \ I \ OFFICE BUILDING LOCATION / I 9 / I n 1 ZONING DISTRICT - INDUSTRIAL °2°°� \ 9, \ 1 41 � I J G\ LEASED AREA o PLOT PLAN OF LAND MAP 24 LOT 117 \ 99 MARGIN STREET RYAN SALEM 25 COLONIAL RD. A I \ W PREPARED FOR Fp / EXCEL RECYCLING/SALEM, LLC 2 a SCALE 1" = 100' JANUARY 17, 201] ��oHOFMgSS9c5 c^ ` a: NORTH SHORE SURVEY CORPORGAIL L. 14 BROWN STREET — SALEM, MA ° SMITH U NO.35063 m 978-744-4800 e #4423 °�s PFO/STERE° ° 0 100 200 m�LL LpJ1OMAP 24 LOT 119 KIRTO CORP. 40 COLONIAL RD. , I , / , I , \ 90) I � I. i \ ➢ PROPOSED v 24'x60' OFFICE BUILDING / ; \ LOCATION I I \ ss t I 50 I LLJ v I w y\ � LEASED AREA / ZONING DISTRICT - INDUSTRIAL \ \ PLOT PLAN OF LAND \ 99 MARGIN STREET \ SALEM \ i PREPARED FORo2s�Pj"O�"gss�cs EXCEL RECYCLING/SALEM, LLC o GAIL L. m \ SMITH / SCALE 1" = 40' JANUARY 17, 2017 O N0.35063 NORTH SWORE SURVEY CORPORA110N � sP ISTE 0 GRAPHIC SCALE 1" = 40' 14 BROWN STREET — SALEM, MA LAND 0 40 80 978-744-4800 #4423 f .68/LSSaCNUSEm BAY TRANSPORTATION AUTyORriy . USE AND OCCUPANCY LICENSE RARROAD PROPERTIES SALEM,MASSACIAMM NWA-1561Z L Use and Ocnmamar license The Massachusetts Bay Transportation Authority, a subdivision of the Commonwealth of Mass u �Y Pic and corporate and a political 161A of the Massachusetts General gtablished orad existing pursuant to Chapter M taws,with a usual place of business at 10 Park Plaza,Boston, Massachusetts(the"MBTA"I hereby rants to Excel Recydin Safe, LLC with a and t� business at iM1rddPepper.Lane,Dartmouth, principal place of Massachusetts 02798(the"Licensee',the mon^exdusive �and rd ne'ge,in common with others entitled hereto,to use and occupy land inside the MBTA's Salem Yard near 99 Margin Street, Salem, Massadu setts, as shown and more fully described on Exhibit A attached hereto,and incorporated herein(the'pmfn ses'_ Section Zfor the purposes did in $and 29 below, to the terms and conditions set forth herein(the"License-), Z General Conditions 21 Date: November 4,2016 2.2 Lf pe c Excel Recyding/Salem,LI.0 2.3 Tom' from December 1,2016 to November 30. with except that the MBTA may terminate this License at any time third,(30)days written notRe 2.4 A^0--ual 929312� Fee $60,0DO.00 annually, payable in advance, in twelve (12) equal morthly payments of$S,OOpAO,without setoff mdenaarxd,no titer m. no bte than the fifth(51 day of the preceding month in the Ter no Payment of the Term shall be due upon execution of this License. 25 Admimistrative Por Waived. . 'Deoos $10,OOD.00 Payable in advance, without demand, comtemporaneouslywith the execution of this License. 2-7 AcertainParcel ofIaMcontaining approximately+/.60'WO square feet, located in the MBTA's Salem Yard, near 99 Margin Street, . Sale m,Massachusetts,and as shown in Exhibit A attached hereto. 28 Shared Aures Path; The Licensee shall access the Premises via a shared access path originating at-lefferson Avenue through to the Premises,as shown in Exhibit A attached hereto (the "Shared Access Path ). While there shall be no charge to the Licensee for the use of the Shared .Arses Path,the MBTA reserves the right to charge a reasonable fee,motto exceed one-hall of the per square foot cost charged for Page 1 of 16 r the Premises. The Licensee, at their own cost and expense,shall dear any trees or other vegetation within the Shared Access path to make said path traversable for vehicular access to the Premises. Use of the Shared Access Path is non-exclusive,and at no time shah the licensee bkhdr or otherwise encumberthe Shared Access Path, The Licensee shall not park any machinery or vehicles, either temporarily orotherwise,on any Portion of the Shared Access Path �I norstare arty material on said the Shared Access Path The Licensee further adawwiedges that the MBIA shah exercise total control over the Shared Access Path, and further acknowledges that the META, in its sole discretion, may after the use or location of the Shared Access Path,or the conditions related to the Shared Access Path. The Licensee agrees to cooperate with any and all other entity as may be necessary for the use and maintenance of the Shared Access Path. The Licensee agrees to maintain and repair Shared Access Path for the purpose of providing ingress and egress to the Premises.The MSTA specifically reserves the right to license, lease,gram easements or otherwise encumber the shared Access Path in its sole and absolute discretion Additionally,the Licensee acimmowledges and agrees that the Shared Access Path may be utif¢ed by other parties inducing but not lenited to,the META, other licensees,lessees ancVor easement holders. 2.9 Scoce of Lke and McuoaMr License: To use and occupy the Premises solely for the purpose of storing_ recycled materials and transporting recycfed inateY is su6jectto the terms and conditions of this License Including, without limitation, Fxhiblit B, attached hereto and incorporated herein and in compliance with all laws and ordinances. The Premises shall be used for no other purpose without the express written consent of the META Further,no investigations,construction or imprevements of any kind are pelrm tted hereunder without the express written consent of the MBTA, which may include ' additional terms and conditions.The Licensee shall have the right to Permit its employees, contractors and agents to use the Premises as permitted hereunder and acting by and through the Licensee,subject to ah of the terms and conditions of this License. The Licensee shall be qualified to perform all activities punned in this License and shah perform ah activities in compliance with all applicable laws. The Licensee understands and agrees to the following conditions. 1 The Licensee shall use and occupy the Premises solely for the purposes outlined in Section 29. 2. The Licensee shah not build any structures on the Pmmmes except as may be specifically allowed herein. ff construction is contemplated, the Licensee agrees to obtain prior written approval of the META which may be withheld by the META in its safe discretion. Page 2 of 16 I The Licensee shag not permit waste upon the Premises. 4, The Licensee agrees,at its sole cost and expense,to have a site survey conducted confirming said occupancy within one hundred and eighty(1110)days from commencement of this License., following the survey,the Licensee shag provide suitable boundaries to dearly delineate the Preme'es.The cost and installation of the fence,of other markers shag be borne by the Licensee, but the Ucensee agrees to coordinate the type of marker to be used with the META and the ultimate decision of the type of marker to be used shall be at the sole discretion of the META 5, The Licensee understands and agrees that other, pre- exiMW agreements, including freight rights, licenses, easements,.and other agreements may impact this Ucense and Licenses use of the Premises. 6. The Licensee understands and agrees that their operation and use of the Premises cannot in any way four the railroad right of way that is adjacent to this site. 7. The Licensee shall utilize the Shared Access Path in . accordance with Section 2.8 and Section 4.1(b)below. 2.10 Wotices: META. Real Estate Department Massachusetts Bay Transportation Authority, 10 Park Plaza,Sante 5720 Benton,Massachusetts 02115 Atte: Chief ofReal Estate with a copy m: Massachusetts Realty Group 20 Park Plaza,Suite 1120 Boston,Massachusetts 02116 - Attn: License Administration Licensee: Excel Recycling/Salem,LLC 9 WadpeMer Lane Dartmouth,Massachusetts 02748 Attn: an— � 3. fonnsideration The rights contained in this License are granted for good and valuable consideration,the sufficiency of which is hereby acknowledged. 4. Teams mW Conditions of license This License is subject to the following terms and cond'ftm 41 Scope of We and OgNga (a) ScRJ�e of Use and Om Wancy Page 3 of 16 Subject to the terms and conditions in this License, the Licensee, Its agents, employees,contractors,subcontractors and/or representatives are hereby granted the right to enter upon,use and occupy the Premises for the purposes more fully described In Section 2.9 hereof. (b) Shared Access Path—Scone of Use and Occupancy Subject to the terms and conditions in this License, the Licensee, its agents, employees,contractors,subcontractors and/or representatives are hereby granted the right to enter upon and use the Shared Arsess Path for the.purposes more fully destrtbed In Section 2.g (c) Utilities The licensee acknowledges that there may be surface and subsurface utilities an and adjacent to the Premises and the Shared Access Path and agrees to exercise .. extreme caution in performance of any activity. The Licensee shall comply with Massachusetts General Laws,Chapterg2,Section 40(said statute alto known as the 'Dg Safe" law)and the regulations promulgated pursuant thereto, Including,-but not limited to,the Code of Massachusetts Regulations,more partiadady,220 CMR 49M et seq• Any damage to any utilities on or near the Premises or the Shared Acces$Path caused by the Licensee shall be the sole responsibility of the Licensee including but not limited to transit tutllhies,facilities and appurtenances thereto.The META, without being under any obligation to do so and without waiving time Licensee's obligation hereunder,may repair any utilities damaged by the Licensee bnrnediataly and without notice in case of emergency. In the event the MBTA exercises such right,the licensee shall pay to the META immediatehrupon demand all of the MBTA s Cost of performing such repairs plus a fee equal to twenty-five percent 0%)of the MUA's cost of performing such repairs to reimburse the META for its administrative costs, .. (d) Subord'malion to the MSTA's Operating Requirements The activities permitted hereby shall be subordinate to the requirements of the META in maintaining and operating a transportation system and may be stopped or delayed, at any time, in response to each requirement The META shall not be responsible for any damages incurred by the Licensee as a result of any such stoppage or delay. (e) Environmental Cooperation if for arry reason the Licensee Is not responsible for Hazardous Materials,defined below,on the Premises or the Shared Access Path then the Licensee agrees to cooperate with the META in .the determhation of the party Gable for the remediation of the Premises or Shared Access Path under applicable federal and/or state law. Such cooperation may include the temporary adjustment of the rights granted to the Licensee hereunder. The MBTA shall not be responsible for any damages incurred by the licensee as a result of such temporary adjustment, "Hazardots Materials"shall mean'Otr or"hazardous materials",as those terms are defined in Massachusetts General taws Chapter 21E ("Chapter 21E') and the regulations Prmulgated Pursuant thereto,the Massachusetts Contingency Platy 310 C IAR 40A000 et seq.(the"MCP'L (f) Remediation Obleationofthe Licensee Page 4 of 16 Whenever the licensee is liable for remediation costs for Hazardous Materials an the Premises or the shared Amiss Path(or on the META owned land abutting the Premises) pursuant to this License(incud'vng, but not limited to,obligations that stem from the indemnifications herein stated below in section 4.2)or pursuant to State or Federal law,then upon written demand of the META,the Licensee shall. comfUM at the Licensee's sole cost and expense (or, at the MBTA's election, reimburse the META for the cost and expense recurred by the MBTA in connection with the MBTA's conduct of),all response actions required by Chapter 21E and the MCP with respect to the Hazardous Materials(inchudin g the hiring of a Licensed Site Professional)discovered on the Premises, Shared Access path, or on the META owned land abutting the Premises or Shared Access Path.Any such response action, if performed by the licensee,shall be performed in accordance with Chapter 21E, the MCP, any other applicable statutes and regulations, and in accordance with plans and specifications approved by the MBTA, shall be completed in a timely manner to the reasonable satisfaction of the META,and shall allow the M8TAto use the Premises,Stared Access Path,arWar adjacent or contiguous property,for its present use and for any future transportation use. The Licensee shall also be responsible for the reasonable costs incurred by the META in hiring consultants to review,supervise and inspect any plans,specifications,proposed method of work, installation,operation and results. (g) Plan Review Costs The licensee shall be responsible for and,pay all costs that may be incurred by the META for Design and Construction Plan Review and Design and Constniction Structural Review within 30 days of being invoiced forsame. Such costs and fees are in addition to the Administrative Fee and the Annual Occupancy Fee,and are included within the Licensee's indemnity obligations in Section 42(a) below. 42 fridemniBcation and Release of the MST'A (a) The Licensee shah indemnify, defend (at the option of the MBTA) and save the MBTA, harmless from and against any and ail liabilities,losses,damages,casts, expenses(including reasonable attorneys'expenses and fees),causes of action, wits,claims,demands or judgments of any nature whatsoever including,without limitation, those related to Hazardous Materials that may be imposed upon, incurred by, or asserted against the MBTA by reason of any of the following occurrences; (1) the activities of the Licensee hereunder or the exercise by the Licensee of any rights or privileges hereby granted;or . (2) the presence, discovery or revealing of array pre-existing Hazardous Materials on the Premises or Shared Access Path(or other property of the MBTA adjacent to the Premises or Shared Access Path).(i) which discovery is a result of the Licensee's activities hereunder,(ii)where said Hazardous Materials are present because of the Licensee's previous occupancies of the Premises or Shared Access Path, whether those occupancies were unauthorized or permitted pursuant to prior license between the parties; or (RQ where those pre-existing Hazardous Materials migrated from land now or previously owned,leased,occupied Page 5 of 16 or operated by the licensee or for which the Licensee is a potentially responsible Party as deemed under Chapter 21E;or (3) the discovery of Hazardous Materials arising from the activities of the Licensee during the Term hereof(and all extensions thereof) on the Premises,Shared Access Path, or on land owned by the META adjacent to the Premises;or (4) any use, condition or occupation of the Premises,Shared Access Path, or any part thereof by the Licensee, Licensee's employees, invitees,ltaagents, consunts ,nontrattors,or trespassers, (5) any fafhrre of the Licensee to perform or comply with any of the temes hereof, or of arty contacts, licenses or restrictions, statutes, laws, - 'ordinances or regulations affecting the activities or any part thereof. (b) The Licensee has inspected the Premises and Shared Access Path and decided that the Premises and Shared Access Path are suitable for the uses the licensee contemplates.The Licensee assumes all the risk of entry on to the Premises and Shared Aazss Path. (c) The Licensee hereby releases the MBTA from arty responsibility for the Lkensee's fosses or damages related to the condition of the Premises or Shared Access Path, and the Licensee covenants and agrees that it will not assert or bring,nor cause any third-party to assert or bring,any daim,demand,lawsuit or cause of action (whether by way of original damn,aoss claim,counterclaim,contribution daim, Indemnification claim,third-party claim or fourthparty claim,or any other claim) (hereinafter`Claims')against the META,includ'mg,without limitation,claims for response actions, response costs, assess(Vients, containment removal and remedial costs, governmental oversight charges, including any overhead or response action costs incurred or assessed by DEP,fines Or penafties,permit and annual compliance fees, reasonable attomey and expert fees,natural resource damages,property damages,including diminution in property value claims,and personal injury damages and damages related to a person's death relating to,or arising from,the condition of the Premises or Shared Access Path. The Licensee shall obtain a written release of liability similar to the one in this Section 4.2(c)and including the language of Section 4.2(d) in favor of the META from each of the Licensee's consultants and contractors before they enter onto . the Premises or Shared Access Path. (d) In c(arffication of the above release and covenarts of defense and indemnification, and not in limitation of them,the Licensee shall indemnify,defend(at the option of the META)and save the MBTA harmless from and against any and all liabilities, losses, damages, costs, expenses (Including reasonable attorneys' expenses and fees),causes of action,subs, claims,demands or judgments related to the Injury,. illness or death of any employee of the Licensee or of an employee of the Licensee's contractors or corauhar N except if the "Qaim" arose because of the MBTA's grossly negligent or willful misconduct. It shall not be grossly negligent to allow access to the Priermses or Shared Access Path that are in subgantia%/theiondkion Page 6 of 16 they were in when the licensee inspected the Premises and Shared Access Path before accepting this License. (e) The Licensee shag be notified, in writing,by the META within a reasonable time from the kWA's receipt of the assertion of any claim against the META of the assertion of any claim against it that the Licensee has agreed to indemnify above (the`Indemnified Claim')L (1) If the META decides to itself conduct the defense of an Indemnified claim against it or to conduct any other response itself, the Licensee shag reimburse the META for all costs and expenses (including, without flrnbifan,reasonable attorneys'fees and expenses)incurred by the META in connection with the MSTA's defers of the Indemnified Claim against it and/or the conduct of an response actions, indud'mg,without limitation, those required by Chapter 21Eand the MCP. (2) If the META decides to have the Licensee defend the Indemnified claim or handle the response action,the META shall notify the Licensee of that decision in writing and the Licensee shall bear the entire cost thereof and shall have sole control of the defense of any Indemnified Claim and all negotiations for its settlement or compromise provided that the META is fully indemnified by the Licensee and Provided further that the settlement or compromise Shan not include the admasion of gugt (or comparable plea), wrongdoing or negligence or the Permitting or imposition of civ?or criminal penafties or indicunedrts,or the entering of consent decrees or orders of any kind by the Licensee on behalf of the MBTA or any other action that would materially Prejudice the rights of the META without MBTA'i expreii written appy rvaL The META shall cooperate with the Licensee in the defense of any Indemnified(]aim. Ifanry response action doe to the presence of Hazardous Waste artfie threat i of release of Hazardous Waste onto the Premises(or other property of the META, which abuts the Premises) is performed by the Licensee,. the response action shall be performed in accordance Section 4.1(e)herein. (f) The Licensee shag provide to the META financial assurance in a form satisfactory to the META guaranteeing the Licensee's Performance of the obligations in this License. For purposes of this Section 4,the MBTA shall include the META and Its directors,officers employees,agents,successors and assigns. j i The Provisions of Sections 4.1 and 4.2 shag survive the termination or expiration of this License. 4.3 tnsurardce Prior to entry hereunder,the Licensee and its consultants and contractors shall provide.the MBIA with a Certificate or certificates of insurance and shaft,during-the term hereof,renew and replace any expired certificate, evidencing the insurance of the activities permitted - hereuftder, and the Licensee's covenant of indemnification hereinabove, with companies Page 7 of 16 that'"' hatare rwsonabiy acceptable to the MBTA,as statedbelow,in which the META and ethers hereinafter specified are either additional insureds as their interests may appear or named insureds and which provide minimum liability coverage as follows: (a) Commercial General liability insurance Insuring tate Licensee,the META,the Premises, the Shared Access Path, and all activities allowed hereunder as well as the Licensee's indemnification obligations contained in Section 4 with minimum fiabldiy coverage for personal injury,bodily injury and Property damage with Emits not less than One Million Dollars ($1,DOOADO,W) per occurrence and Three Million Dollars ($3=,0M.00) in aggregate.Umbrella liability coverage with limits of not less than Ten Million Dollars ($10,4DDD`I)W:DD) covering all work performed must also be provided, such insurance shall be written on an occurrence basis (as opposed m a claims made bas's). These policies shall name the META as an additional insured. (b) Worker's Compensation insurance Insuring all persons employed by the Licensee in connection with any workdone on or about the Premises and Shared Access Path with respect to which claims for death or bodily injury could be asserted against the META,the Premises,or the shared Access Path with renis of liability of not less than those required by Massachusetts General Laws Chapter 151,as amended The policy shall contain a clause waiving the right of subrogation in favorof the META Each of the Licensee's subcontractors and consultants shag have similar Policies arvering their empk ryeea (c) Ragroad Protective Liability insurance While working within fifty(50)feet of the tracks an the right of way,insuring the MBTAand the Railroad Companies as named insureds with limits of rot less than Frye Million Dollars ($S DDDAW.D0) per occurrence and Ten Million Dollars ($1U,O0,DDO.DO) in aggregate combined bodily injury property damage. The MBTA shag be provided with an original policy of Railroad Protective Liability Insurance. (d) Automobile Liability Insurance Automobile liability insurance wth limits of not less than One Million Dollars ($1,OD0,000M covering all owned,non-owned,hired,rented or leased vehicles of the Licensee and is consultants and contractors that are used in the activities permitted hereunder. The required insurance coverages hereinbefore specked shag be placed with insurance companies licensed by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best's rating of B+ or better,shall be taken out before the use and occupancy is commenced and be kept in full force and effect throughout the term of this License,shag be primary to and non-contributory to any insurance or self-insurance maintained by the META,and shall require that the META be given at least thirty.(30)days advance written notice in the event of any cancellation or materially adverse change in coverage.All such required insurance, with the Possible exception of Pollution Liability Insurance, if required,shag be written on an occurrence basis fort, as opposed to a dawn made basis form.The META shag be named as an additional insured under the Commercial General Liability, Automobile Liability, Umbrella Page 8 of I6 Insurance Policies. The Workers' Compensation and Employers' Liability Insurance Policies shag include a waiver of subrogation in favor of the MBIA which precludes these insurers from being able to make any subrogation claims against the META.Ail such required insurance shag not contain any exclusions for acts of terrorism, and shag fully cover any acts of terrorism, Irrespective of whether such acts of terrorism are caused by domestic or foreign terrorists,and Irrespective of whether such acts of terrorism are certified or non-certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the united States,to be an act of terrorem pursuant to the federal Terrorism.Risk Insurance Act of 2Da2.Ag such insurance as is required of the Licensee shall be provided by or on behalf of all contractors and subcontractors to cover their operations performed.The Licensee shag be held responsible forany modifications,deviations or omissions in the compliance with these requirements by the contractors and subeonoactors.At the inception date of this License and throughout the term of this License, the META shag be provided with certificates of insurance evidencing that such insurance policies are in place and provide coverage as required. 4.4 Comogance with Laws The Licensee shag comply with,and shall cause all activity performed on the Premises or Shared Access Path to comply withallapplicable Federal,state,county,municipal and other governmental statutes,taws,.rules,orders,regulations and ordinances. The Licensee shag also be responsible for obtaining any and all Federal,state andlor local permits and/or approvals necessary to carry out the actives permitted hereunder, 4.5 Non-6ahisive the The META makes no representations or warranty,express or implied,that the Licensee shall have sole or exclusive use of the Premises or Shared Arses Path under this License In the event other leases,licenses or Easements have been or are granted,the Licensee shall be responsible for coordinating its work and act'wft(es with that of other occupants,except that no new license or easement shag substarrbagy negatively impact the Licensee's operations. Notwithstanding the preceding,if the META grants a license or easement to install a utility or telecommunications conduit,the Licensee`s operations may be temporarily impacted and the Licensee may either terminate this License or negotiate a fair adjustment The META shall not be gable for delays,obstructions,or like occurrences affecting the Licensee,arising out of the work of the MBTA or other occupants. The licensee's rights herein are granted subject to easemems and rights of record and existing leases and fncenses. 4.6 No Warranty The Licensee accepts the Premises and Shared Access Path"as's"and the MBTA makes no warranty,express or implied,as to the condition of the Premises or the Shared Access Path. 4.7 Temdmition At the temdnation of this License,the Licensee agrees to restore the Premises and Shared Access Path to the condition they were in at the commencement of the term hereof,and to remove all of the Licensee's personal property and debris from the Premises and Shared Access Path.Should the Licensee not perform such restoration at the end of the Term,the Page 9 cf 16 MBTA may perform a and all necessary Airy personal � restoration at the sole expense m the Licensee. Property not so removed shall,at the option of the META,either became the Property of the META or be removed by the META and disposed of without any liability,in the MSTA for such removal and disposition,all at the sole expense of the Ucensee 4.8 Assimm�rt The Licensee shall not,without the prcirwritten consent of the MBTA transfer or assign thisLicense or any part hereof.Such consent may be withheld in the sole discretion of the META, 4.9- SecuritvDeposit The Security Deposit,.as is specified in Sectio the execution hereof and shall be held by the BTA t asecue the Licenssee'l be due sne formusly with Of its obligations under this Uce»se.The Security D performance the Annual Oau Deposit is not an advance payment of panty Fee or a measure or limit of the MBTA's damages upon default or termination pursuant to Section 6 Of this License.The META may from time to time, following a default Or termination,and without prejudice 10 any Other available remedy in either law or equity,use all or apart of the Security Deposit to perform any obiigatian the Licensee fails t perform hereunder. Following any such application of the Security Deposit,the Licensee shall pay t the MBTA that amount so applied in order to restore the Security Deposit to its original amount within ten(10)days following written notice by the MBTA ff the Annual Ogarpancy Fee increases during the term of this License,the Licensee shall,upon written request from the MBTA,deposit additional ironies with the META so that the total amount of the Security Deposit shall at ail times bear the same Proportion to the increased Annual Occupancy Fee as the initial Security Deposit bore to the initial Annual Occupancy Fee-The MBTA shall,within sixty(60)days after the Term ends or the License is otherwise terminated, return to the Licensee the portion of the Security Deposit which was riot applied to satisfy the Licensee's obligations.The Security Deposit may commingled with otherfunds and no interest shall be paid thereon.if the MBTA transfers its interest in the Premises and the transferee assumes the MSTA's obligations under this License,then the MBTA may assign the Security Deposit to the transferee and the MBTA thereafter shall have no further liability for the return of the Security Deposit. The transferee shall have the same rights and remedies for the non- payment by the Licensee of arry amount due on account of the Security Deposit as the MBTA has hereunder trthe failure of the Licensee no pay the Annual Occupancy Fee. S Notices Ali notices,demands,requests,consents,approvals and other instruments required or permitted to be given pursuant to the terns hereof(hereinafter"Notice"),shall be in writing and shall be deemed to have been properly given when deposited in registered or certified United States mai(,postage PrePa4 retum receipt requested, addressed, as described in Section 210 or when delivered by messenger or overnight mal service to the correct addressee.Notice shag be deemed received when actually received or when the proffered Notice has been refused by the Addressee. The signature of an employee,servant or agent of the Addressee shag be determinative on the issue of actual receipt. The Licensee and the MBTA shag,at anytime and from time to time,have the right to specify as their proper addresses for purposes of this License any other address or addresses giving fifteen(7:5)div written notice thereof t the other party, S. Default mW Te minatfon (a) Termination for Non-Payment Page 18 of 16 In the event that the Licensee shall neglect or fall to pay the Annual occupancy Fee, Administrative Fee or any other sum herein specified to be paid u hereunder,the Licensee shall be in dela upon the due date thereafter to i eminate this license default and the MBIA shall have the right at any time the MBIA' b'giving the Licensee two(2)weeks written notice of s derision to terminate for non-payment("Termination Notice"l, shall } The not be Licensee entitled g to Lure any such default.by tendering payment after the expiration of the two (Z)week grace Period which starts upon the Licensee or the L Crewe's servants, agents or employee's receipt of(or refusal to accept)the MBTA's Termination Notice. ' (b) Default of Terms and Conditions - Ihe Licensee.shall also be in default if the Licensee: (1) falls to Perform or observe any of the other covenants or Bcenses contained in this instrument and on its part to be performed or observed,or - (2) makes any assignment for the benefit of creditors or files Petition for relief under bankruptcy law,or . (3) has a bankruptcy petition filed against it that is not dismissed within sixty(60)days, or (4) has its estate taken by Process of law, Proceeding in bankruptcy or insolvency or otherwise, and if such defaults continue after two(2)weeks'written notice given by the MBTA to the Licensee to cure,the MBTA may terminate this license by written notice to the Licensee . and/or decry access to the Premises or Shared Access Path and expel the Licensee and those claiming through or under the Licensee and remove the Licensee's effects from the Premises and Shand Access Path without Pneludice to arry remedies which might otherwise be available for such breach of covenant,and,upon entry as aforesaid,the rights of the Licensee created by this License shag terminate.The Licensee agrees to Pay all expenses including . reasonable attorneys' fees incurred bh' the MBTA in enforcing any of the Licensee's obligations hereunder. In the event this License is terminated pursuant to this Section 6,the MBTA shag retain the Annual Occupancy Fee as partial damages,without prejudice to its right to claim additional damages as a result of the breach. Notwithstanding the preceding,if the default is one that threatens the safety of the public . or the ability of the MBTA to operate the railroad,then it shag be considered an Emergency Default and Me Licensee does not effect an immediate cure,the MBTA mayternirate the License upon reasonable notice and use self-help at The expense of the licensee and the Licensee shall be responsible for with expenses as well as for a twenty-five percent(25%) adm'mrstrative.fee above the expenses. 7. .Ifthe Licensee desires to contfnm to use and occupy the Shared Access Path and Premises,as defined in Sections 2.g and 29 respectively, after the end of the Term of this license,the resulting License shag be on a nronth-to.mordh basis During such holdover period,the License may be terrtdnated by either the MBTA or the Licensee at any time by providing the other party with thirty(30)days prior Page 11 of 16 written notice of termination. [Suring such holdover period, the Annual Occupancy Fee shall.be increased by three percent 0%)annntailly,on the anniversary of the date of the Term of this License. During such holdover period,the Licensee shall be bound by all applicable proviaons of this License. & Work in Harmony The Licensee agrees that in any work performed in or about the Premises or Shared Access path,it will employ only labor that can work in harmony with ail elements of labor beim employed by the MBTA 9. fitgrW,Promotional Material The Licensee shall not without the prior written approval of the META, install any signs on the Premises,The Licensee shall not,without the prior written approval of the META,refer to the META In any promotional matter or material,including,.butnot limited to adverfi fng.letterheads, bilk, invoices and brochures. 1111. Nondiscrimination Wish respect to its exercise of all rights and privileges herein granted,the Licensee shall undertake affirmative action as required by Federal and state laws,rules and regulations pertinentto C"Rights and Equal Opportunity unless otherwise exempted therefrom. The Licensee agrees that it shall comply with any and all required affirmative action plans submitted pursuant to the directives of arty Federal agency and in accordance with applicable Federal Law and applicable state laws,rules and regulations. The Licensee shag not discriminate against any person, employee or applicant for employment because of race,mlor,creed,national origin,age,sex,sexual orientation,disability or Vietnam era veteran status inks activities at the Premises and Shared Access Path,including without limitation, the hiring and discharging of employees the provision or use of services and the selection of suppliers,contractors,or subcontractors The Licensee shall use reasonable efforts to contact, encourage and utilize minority and female business enterprises in the procurement of materials and service under this license. 11. Taxes The Licensee shall be solely responsible for the payment of any taxes, levies, betterments or assessments,fees or charges,whether in existence on the date hereof or becoming applicable during the Tenn,which may be assessed against the Licensee or the META which are directly attributable to the licensees installations in, or use of, the Premises, Shared Access Path, or any personal property or fixtures of the Licensee located thereon(cotlectivety referred to as"Taxes").The Licensee shall pay all Taxes directly to the taxing authority before deEnquency and before any fine,irhteresL or penalty shall become due or be imposed by operation of law for their nonpayment. Such payments shag constitute an additional fee hereunder. The Licensee may contest,in good faith for its own amount and at its own expense,the validity or amount of any Taxes,provided the Licensee shall indemnify the META against any rest-ring loss,cost and expense. The Licensee shag sat permit a len or encumbrance on the Premises or Shared Amess Path by reason of failure to pay any Taxes. M No Third Party Send This License shag not be construed to create arty third.party beneficiary rights in favor of any other parties or any ftht or privilege for the benefit of any other parties. Page 12 of 16 B. Entire 11CPASE This license contains the entire License of tire parties hereto with respect to the subject matter hereof,and no representations,inducements,promises,or agreements,oral or affwwise,between the parties hereto with respect to the subject matter hereof not embodied herein shahbe of any force or effect 10. Governing Law This License shall be construed and interpreted under and pursuant to the laws of the Commonwealth of Massachusetts, and the Massachusetts and Federal ranffict of Laws provwans shall not be applied if the result is that other than Massaclumetts taw shall govem is. Successors and Assiars The provisions of this license shag be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. ill. Limitation On Damages The META shall not be gable to the Licensee for any loss of business or any indirect,incidental,special, consequential or exemplary damages or lost profits unless specified herein. 17. Termination of Prior Licenses The execution of this License shag terminate any prior licenses that may exist between the parties . 18. No Waver No failure by the MBTA to insist upon strict performance of any term, covenant or condition hereof,or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of any such term, covenant or condition. The acceptance by the MBTA of any amount less than the full amount due to the MBTA hereunder shag not be deemed a waver by the META of its right to collect the fug amount due. The META may deposit checks or drafts that state"final payment',".payment in fug"or the like without being deemed to have waived its right to receive all amounts due hereunder. Any waiver by the MBIA of any term, covenant or condition hereof shall not be effective untess such waiver is in writing. [Signature Page Follows] Page 13 of 16 MW'WE'SWHEREOF,the Partiesheretohave mrsedthisucensetobeexecutedasofthe d nd day of No4vnber,2016. By META: BY LICENSEE; MASSACHUSETTS BAY TRANSPMATIC W EXCEI.RECYl7 N AUTHORRY, G/SAi EM,LLC By/'I. { BT Jane Oran df MBIA Real EstateL f TrtJe: --" � IUWAuthorhed) Page 14 of 16 I: S _ re. f0'�7t +�.����`� ,� .. � � �� SRS O• S '��3 y! a® r• S s$el _ r {(J cm r ` s p3 i E KHWT B SCOPE OF USE AIVD OCCUPAtXy - (2) Use ofd Isey The Premises shall be used solely for the Purposes described in Section 19. The Licensee shall have mntrol of the PremiS :except that the MBIA may enter the Premises at any time. The Licensee shall operate and maintain the Premises and its installations thereon in a safe manner and immediately notify the META if any problem occurs which may result in a safety hardIf a . situation should occur, The Licensee will correct the situation by elizaunsafe minating any sarfetyty unsafe immediately or, if the situation cannot be reasonably cured immediately,then in such longer time as is reasonably required,and in all such unsafe situations,the META Railroad shall be followed Operations Safety Procedures {Z) Use of the Shared Access Path. The Shared Access Path shall be used solely for the Purposes described in Section is. The Licensee shaft have nan-exclusive use of the Shared Access Path and the META may enter the Shared Access at arry time. The Licensee shall operate and maintain the Shared Access Path in a safe manner and immediately nt the META if any problem occurs which may result in a safety hazard. If any uonsafe situation shaufd occu ify the Licensee will correct the situation by eliminating any safety hazard immediately or,if the situation cannot be reasonably cured immediately, then In such longer time as is reasonabl such unsafe situations,the MBTA Railroad Operations Safety procedures shaft be followed.y required, and in all Page 16 of 16 I 101017 Bij OF PG a LANNIN COMMUNITY pE-kE-tOPW- ENT ��I EIVED FEB 10 2017 nn DEPT OF PL y DEVELOP MENT i RECEIVED FEB 10 2017 Febmry3,2017 DEPT. OF PLANNING & COMMUNITY DEVELOPMENT To Whom it May Concern, I, /I tui i l LI e.S S r—l!/ who oar m/Gams at �✓e sC a r�Y/ : am OPPOSED to allow the applicant of 99 Margin Street to operate a metal storage, recycling,and transportation facility categorized as a junkyard. Signed, February 6, 2017 ® E \ E— FES 10 2017 DEPT. OF PLANNING $ COMMUNITY DEVELOPMENT To Whom it May Concern: � l � � 'Swh ow s/lives at �am O 20-Ul)to allow the applicant of 99 Margin Street to operate a metal storage, recycling,and transportation facility categized asajunkyard. Signed,