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17 MEADOW STREET - BUILDING INSPECTION --r 17 MEADOW STREET �--+lll/ � rFecvaFv�o �drya24eE;.o s � � 68i��700 0_ -'�� "=oma" �� asrco;,s HASTHWS,LIN CITY OF SALEM PUBLIC PROPERTY a DEPARTMENT IUMUERLEY DRISCOLL MAYOR 120 WASHINGTON STREET ♦ SALTM,MASSACI-IUSF'rrs 01970 '1'Ee.:978-745-9595 ♦ FAX:978-740-9846 September 1, 2009 Mr. Robert Salter Salter Motocross (y 17 Meadow Street PO Box 911 Salem, Ma. 01970 40 RE: 17 Meadow Street Dear Mr. Salter: This Department issued a Building Permit (Permit 877-09) on June 25, 2009 for interior and exterior repairs to the existing commercial garage structure at the above address. When the contractors started work they noticed that the uphill exterior wall and the entire roof structure, having been subjected to extensive water damage over many years, are severely compromised. Having inspected the existing conditions at the above property, I believe that the structure is unsafe and beyond repair and should be taken down as soon as possible. As you have indicated the desire to replace the existing structure with a new prefab steel structure, we suggest that you amend Building Permit 877-09 to include the demolition of the unsafe wood frame portion of the structure and replacement with the new Building. Your plans should indicate a building fully compliant with Building and Zoning Codes. Since the Building has been deemed "unsafe" it is exempt from the Demolition Delay process. Sincerely, Thomas St.Pierre Building Commissioner cc: Edward Herman True North Inc. Historic Commission,Fire Prevention 17 MEADOW STREET 877-09 Gis# 406r ';{ 33� s COMMONWEALTH OF MASSACHUSETTS ,ilex r sa v ,z': Bnck „i; ' r< itr,t ` CITY OF SALEM Category ; ;,i RENOVATIONS,-.f& Pertn,t#tA §' `r�877 BUILDING PERMIT Project# ri JS 2009 001554 1 %4'6v Est Cost �7i1r _ $78,000 00�� .t°N:%S Fee Chaiged:' s`'. $863.00 y��, ? Balance Due:',- „ $ 00 �',a ,'�fir ;=.` PERMISSION IS HEREBY GRANTED TO: CoItsL Class , j -11,ft Contractor: License: Expires Use Group: `+ TRUE NORTH INC CONSTRUCTIO SUPERVISOR-3306 Lot Stze(sgt ft): 4130.7948 n ., Owner: 17 MEADOW ST REALTY TRUST, C/O L RILEY Zonn g ,;'' B41,"�f "*- s A Units Gat ed:j,,J eF ¢, ;;;;;. '-Applicant: 17 MEADOW ST REALTY TRUST,C/O L RILEY Units Lost ; #+ ,;fin"-*U ZP"m .n""'AT: 17 MEADOW STREET Dig'Safe#: ,t , �.tea. ISSUED ON. 25-Jun-2009 AMENDED ON: EXPIRES ON. 26-Dec-2009 TO PERFORM THE FOLLOWING WORK: INTERIOR&EXTERIOR RENOVATIONS TO EXISTING ONE STORY GARAGE POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: . Underground: Underground: Excavation: Service: rr Meter: ,� (, Footings: Rough//ry!/�W Rough: Rough:of I-44'10 Foundation: ^I Final: //•/•�� Final: Final: n/rcl\�— � ' Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: oiku Douse# Smoke: Final: Water: Alarm: // Assessor Treasury: ' Final: r Sewer: Sprinklers: - THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VnATION OF ANY OF ITS _. RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount BUILDING REC-2009-001826 25-Jun-09 7573 $863.00 GcoTMS©2009 Des Landers Municipal Solutions,Inc. R 1 olL Ac .C 4r;I r' 1 i VBULILDINTI- PF, ,, .. - � w r ° CITY OF SALEM cfrC�1 PUBLIC PROPERTY B DEPARTMENT KIMBERLLY DRISCOLL MAYOR 120 WASHINGTON S'IIZLEI ♦SALEM,MASSACHUS87TS 01970 TE.L:978-745-9595 FAX:978-740-9846 September 1, 2009 Mr. Robert Salter Salter Motocross 17 Meadow Street PO Box 911 i Salem, Ma. 01970 RE: 17 Meadow Street Dear Mr. Salter: This Department issued a Building Permit (Permit 877-09) on June 25, 2009 for interior and exterior repairs to the existing commercial garage structure at the above address. When the contractors started work they noticed that the uphill exterior wall and the entire roof structure, having been subjected to extensive water damage over many years, are severely compromised. Having inspected the existing conditions at the above property, I believe that the structure is unsafe and beyond repair and should be taken down as soon as possible. As you have indicated the desire to replace the existing structure with a new prefab steel structure, we suggest that you amend Building Permit 877-09 to include the demolition of the unsafe wood frame portion of the structure and replacement with the new Building. Your plans should indicate a building fully compliant with Building and Zoning Codes. Since the Building has been deemed "unsafe" it is exempt from the Demolition Delay process. in4cerr ly, omals St-.Pie y/2 � Building Commissioner cc: Edward Herman True North Inc. Historic Commission, Fire Prevention `°- CITY OF SALEM PUBLIC PROPERTY Ss"egs DEPARTMENT , KIMBERLEY DRISCOLL MAYOR 120 WASHING PON STRPLT* SALEM,lA4ASSACHUSE'IlS 01970 te]-:978-745-9595 ♦ I'AS:978-740-9846 Notice of Violation PROPERTY ADDRESS 17 Meadow Street November 4, 2008 Norman Riley 111 Collins Street Unit 2 Danvers, Ma. 01923 Dear Mr. Riley The garage at 17 Meadow Street is unused and open to the weather. This is a violation of the Massachusetts State Building Code (780 CMR Section 121.2) You are hereby ordered to rectify this condition within 24 hours of receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. I r y, Thomas E. McGrath AIA. Assistant Building Inspector/Local Inspector c . file, ealth Dept., Fire Prevention, Mayor's Office w 3 eftp of *alem' '41a!5!6arbU!6ett!5 Public Propertp Mepartment �3uiIbing Mepartment One Salem 43reen (978) 745-9595 Q2xt. 350 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 5, 1999 Linda Riley 125 Pine Street Danvers, Me. 01923 RE: 17 Meadow Street Realty Trust , Dear Linda: As a result of a complaint at the above mention property, our inspection of the property found the following violations; 1. Junk and abandon cars in the rear of the property that must be removed. 2. General cleaning of debris needed around the entire exterior. - 3. Double and sometimes triple parking. Please contact this department within fifteen days upon receipt of this letter or we will be forced to proceed with court action. Thank you in advance for your anticipated cooperation in this matter. Sin�cerei Peter tro t Building Inspector cc: Councillor Kelley, Ward 5 A. Citp of 6alem, fHag!6arbU!5ett!5 3 3pub[ic Vropertp Mepartment �uilbing Mepartment One f+alem Oreen (978) 745.9595 Ext. 380 Peter Strout Director of Public Property ,d Inspector Buildings COPY Zoning Enforcement Officer March 5, 1999 Linda Riley 125 Pine Street Danvers, Ma. 01923 RE: 17 Meadow Street Realty Trust Dear Linda: As a result of a complaint at the above mention property, our inspection of the property found the following violations; 1. Junk and abandon cars in the rear of the property that must be removed. 2. General cleaning of debris needed around the entire exterior. 3. Double and sometimes triple parking. Please contact this department within fifteen days upon receipt of this letter or we will be forced to proceed with court action. Thank you in advance for your anticipated cooperation in this matter. Siinncerel Peter tro t Building Inspector cc: Councillor Kelley;'Ward 5 i ,casv,�� BUILDIMG DEPT 116 20 AM '85 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RECEIVED Salem, Massachusetts 01970 CITY OF SALEM,MASS, ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (6 17) 741-1800 December 14 , 1989 Mr. Cote c/o�Co-te.;s Garage 09C17 Meadow Street�Sa - lem� MA 01970 Dear Sir: A complaint has been received by this department relative to motor vehicles, trash and a broken fence at the rear of your property abutting Matthew Management Property located at 143 Canal Street. On November 15, 1989, inspection was conducted by Virginia Moustakis, Sanitarian of the Health Department accompanied by your . At that time, with the exception of one dismantled motor vehicle, the motor vehicles are used in conjunction with your garage. You-also stated that the fence in question was repaired by you in the past and that tenants of 143 Canal Street were responsible for the disrepair. You also explained that the trash was deposited by tenants or former tenant of Matthew Management. As agreed, you will move one motor vehicle away from the fence and will contact a salvage company to remove any vehicles that are not being worked on as part of your business. By copy of this letter we request that you and Matthew Management work together to resolve this matter and request the twnants of 143 Canal Street be notified that they cannot throw garbage, rubbish any other miscellaneous from their porches etc. Also noted at time of inspection was the disrepair of porches and at the upper left-hand corner where portion of roof is broken off which we are referring to Building Department. FOR THE BOARD OF HEALTH REPLY TO 1 ROBkRT E. BLENKHORN, C.H.O. VIkGINIA MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m cc: Matthew Management, P.O. Box 1184, Saugus, MA 01906 Building Department Buillding Inspector r f 0 Citp of 6atem, Iffaggarbugettg 3 T DATE F I LED Type: )a\New Expiration Date _ ❑ Renewal, no change Number ❑ Renewal with change In confasnity with the previsions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, a&amen ed,te unde igne he eby Jdec�ffe( that a business is conducted under the title of: 4 at. 1 1• lA type of business I 114 CA by the following named person(s): (Include corporate name and title if corporate officer) I Full Name Residenc �can1� ), --------------------------------- ------------------------------- i tures - - ---------------------- -- ---- - �s 10�he above named person(s) personally appeared before me and made an oath that the foregoing statement is true. A .�.7 -------------------------------- - - -. -CITY CLEAR-- ------- Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # 164/ — Cyd-//J M -) (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be.filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00):for each month during which such violation continues. v "WhI11C.NJ 1.C1 L11MULC Citp of baiem,. A- mggarb gettg = ;q ��MINB dry // DATE FILED SCh IS9L- Type: 0-14ew Expiration Date 14-' C-b ZO`'t' ❑ Renewal, no change Number & ` L ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: at type of business by the following named person(s): (Include corporate name and title if corporate officer) \ \ Full Name Residence Si natur ------------------ - - -----------, ---- ------------------ --------------- ----- � - -- -------------- -- - - - -- -- -- -- -- -- ----- `� ---G ��--------------- on 'W( C4-G— 1 S 19J-6 the above named person(s) personally appeared before me and made an oath that the foregoing statement its true. � - -- -------------- - -- -----------------------= - -------------------------------- -- - -------------- CIT Y C L E R K Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # (if available) ------------- In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be fumished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. �y�% Twp,z- nuSu�eaS �.Bl:}llll':1[e (OP of baiem, Alasoubugettg �Mma tANn DATE FILED l Type: ;5)�- New Expiration Date ❑ Renewal, no change Number 6-204 ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General ELaws,mended, the undersir�ned hereby declare(s) that a business is conducted under the title of- /--)5 I U fJ �4 l h at1�- C�rxz=t— type of business 1 p by the following named person(s): (Include corporate name and tide if corporate officer) +<<((a Full —tName Residence / �C4 2L�1�, 1 i tiara s p J - ------- -=----4 ^� ------ �- / -- ------------- ----------- ---------' - - ---------------------- on � y 197�the above named person(s) personally appeared before me and made an oath that the foregoing statement is true. CITYCLERK - ----------------------------------------------------- Notary Public (seal) Date Commission Expires Identificatinn presented State Tax I.D. # S.S. (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shallbein effect for fpur(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMI3GRLEY DRISCOLL DLwoiz 120 WnsruNc7oN Srluaer � Sni_crtl,,,\1 n_sna-i usc:ns 01970 'I'nc 978-745-9595 FAX:978-740-9846 Denial of Certificate of Occupancy PROPERTY ADDRESS 17 Meadow Street December 17, 2008 Norman Riley 111 Collins Street Unit 2 Danvers,Ma. 01923 Dear Mr. Riley: I recently visited the property at 17 Meadow Street in response from a question from the tenant there regarding a Certificate of Occupancy. The building does not meet standards of the State Building Code for use as a place of business. At a minimum the building code requires that a toilet room and toilet fixtures be installed on the main floor and interior stairs need handrails. Additionally, the blocked gutters are allowing rain water into the exterior wall which has caused significant structural damage. You are hereby directed to remedy this situation immediately or cease the current use of the building. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. You have the right to appeal this decision to the Massachusetts Board of Building Regulations and Standards at 1 Ashburton Place Boston, Ma Sincerely, Thomas E. McGrath Assistant Building Inspector/Local Inspector ec: ile, ealth Dept.,Fire Prevention, Mayor's Office CITY OF SALEM < r � � I! PUBLIC PROPERTY s �2: DEPARTMENT KIMBERI,P?Y DRISCOLL, MAYOR 120 Wd5111NG'1'ON$'TREE"L* SALEb1,MIISSACFIIJSETTS 01970 "rT.1.:978-745-9595 ♦ RAX:978-740-9846 September 1, 2009 Mr. Robert Salter Salter Motocross 17 Meadow Street PO Box 911 Salem, Ma. 01970 RE: 17 Meadow Street Dear Mr. Salter: This Department issued a Building Permit (Permit 877-09) on June 25, 2009 for interior and exterior repairs to the existing commercial garage structure at the above address. When the contractors started work they noticed that the uphill exterior wall and the entire roof structure, having been subjected to extensive water damage over many years, are severely compromised. Having inspected the existing conditions at the above property, I believe that the structure is unsafe and beyond repair and should be taken down as soon as possible. As you have indicated the desire to replace the existing structure with a new prefab steel structure, we suggest that you amend Building Permit 877-09 to include the demolition of the unsafe wood frame portion of the structure and replacement with the new Building. Your plans should indicate a building fully compliant with Building and Zoning Codes. Since the Building has been deemed "unsafe" it is exempt from the Demolition Delay process. Sincerely, Thomas St.Pierre Building Commissioner cc: Edward Herman True North Inc. Historic Commission, Fire Prevention 01/26/2010 23:44 7818268399 PAGE 01 r Ted Greenlaw P.E. 183 Columbia Rd. Hanover,MA 02339 tel# 781-826-8369 fax 9781-826- 8399 January 27, 2010 Charlie Forristall Atlantic Contract Systems Pinecove Rd Newbury,MA 01951 RE: Salter Garage Building ,17 Meadow Street; Salem, MA On January 26, 2010 I inspected the above mentioned pre-engineered steel structure. I found the structure to be erected in compliance with the erection drawings.As well,the structure is erected in compliance with the applicable provisions of the 7a'edition of the Mass State Code, industry standards for erection and workmanship. Res pec ly e►*��LF 0FA4gssI .S c Ted cenlaw P.E. /= THEODORE 4 GREENLAW A M NO.23093 �s A10 SrnULTi1FP�`�� . r��va't OO T H A Architects, LLC Architecture Planning Consulting Interior Design TO: Tom McGrath,Building Inspector DATE: JOB NO. City of Salem Building Department April 5,2010 10001 120 Washington Street,3rd Floor RE: Cafe Valverde Salem,MA 01970 ' 196 Essex Street ' PHONE: 978-745-9595 WE ARE SENDING FOU: ® ATTACHED via USPS ❑ Under SEPARATE COVER via ❑ Samples - ❑ Prints BOND ❑ Plans ❑ Specifications ❑ Copy Of Letter ❑ Change Order ❑ Samples ❑ Shop Drawings ❑ Diskette(s) ® Field Observation Report DATE COPIES NO. DESCRIPTION 5 Apr 2010 1 ea. Field Observation Report No. 2 TRANSMITTED AS CHECKED BELOW ❑ For your Approval ❑ Approved as Submitted ❑ Resubmit_copies for approval ® For your Use ❑ Approved as Noted ❑ Resubmit_copies for distribution ❑ As Requested ❑ Returned for corrections ❑ Resubmit corrected prints ❑ For review and comment ❑ For bids due: ❑ As Noted REMARKS• 'S COPY: SIGNED: Thomas A. House,AIA 105 Willow Brook Avenue,Stratham,NH 03885 Phone: 603.770.2491 Fax:603.773.0238 w .thaarcxom Member of The American Institute of Aahitertr r �oNoir�� CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL CII Y OFSALEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 TEL. (978) 745-9595 Bg�mveWr' FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 2001 DEC -U P 3: 0� MAYOR DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET B-4 A hearing on this petition was held November 20, 2002 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance for use of the premises for a landscaping business to include an office, equipment repair&exterior parking of vehicles for the property located at 17 Meadow Street located in a B-4 zone. The Variances, which have been requested,upon a finding Board that: a. Special conditions and circumstances exist which especially affect the land, building Or structure involved and which are not generally affecting other lands,buildings, and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners.. c. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of this district of the purpose of the Ordinance The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Attorney George W. Atkins III, 59 Federal Street, Salem represented the petitioners. 2. The property is currently used as an automobile repair garage, which is an allowed use in the B-4 Automotive Business-zoning district. 3. Petitioner intends to use the property for a landscaping business. The interior of the structure will be used for an office and storage of landscaping equipment and repairs. Business vehicles will be parked at the rear of the structure in accordance with the plot plan submitted. 4. The existing nonconforming building will not be altered or enlarged. CITY Or SALEM, t1A I, -� CLERK'S OFFICE DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET01 OEC 4 4 P 3 09 page two 5. Petitioner's business is seasonal and services are performed at customer homes and businesses. The petitioner presented evidence that he has operated his business in residential neighborhoods without objection. 6. A list of permitted uses in the Automotive Business zoning district does not specifically contain a landscaping business. 7. The size and shape of the parcel and the condition of the soil due to prior industrial uses limits the uses of the property. 8. The petitioners met with abutters to the property prior to the hearing, who had no objections to the proposed change of use. 9. No one appeared in opposition to the petition. On the basis of the above finding of fact,the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petition. 3. Desirable relief can 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. Therefore,the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a Certificate of Inspection. ' - SALEM. MA DECISION OF THE PETITION OF SUPERIOR LANDSCAPE INC. REQULT FFS OFFICE VARIANCE FOR THE PROPERTY LOCATED AT 17 MEADOW STREET 4` K page three 1001 DEC -U P 3: Oq 4. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said numbers 5. The decision is contingent upon petitioner or its nominee becoming the fee owner of The property. 6. No long term parking of company vehicles or employee vehicles shall be allowed on Meadow Street. Variance Granted November 20,2002 Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day date of filing of this decision in the office of the City Clerk. Pursuant to 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 that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CUSHING JAMMALLO 8c WHEELER? INC. December 29,2005 Stanley J.Usovicz,Jr. Ms.Nina Cohen Mayor Zoning Board of Appeals City of Salem City of Salem 93 Washington Street - 93 Washington Street Salem,Massachusetts 01970 Salem,Massachusetts 01970 Ms.Joanne Scott Mr.Thomas St.Pierre Health Agent Building Commissioner Board of Health City of Salem City of Salem 93 Washington Street 93 Washington Street Salem,Massachusetts 01970 Salem,Massachusetts 01970 Re: Public Notification Regarding Termination of Activity and Use Limitation 17 Meadow Street Realty Trust Site: 17 Meadow Street Salem,Massachusetts DEP Release Tracking No. 3-13526 CJW Project No. 5019 Dear Mayor Usovicz,Ms. Scott,Ms. Cohen,and Mr. St.Pierre: On behalf of 17 Meadow Street Realty Trust(the potentially responsible party)and in accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.1403(7)(a), this letter serves as notification of the termination of the Activity and Use Limitation (AUL) associated with the above-referenced disposal site and Release Tracking Number(RTN). A copy of the AUL termination documentation,which was recorded at the Essex County South District Registry of Deeds on December 27, 2005, is enclosed. Further, the certified copy of the AUL termination documentation has been submitted to the Massachusetts Department of Environmental Protection, and a legal notice concerning this matter will be published in the Salem Evening News. Should you have any questions regarding this matter, please do not hesitate to call us at your convenience at(978)774-7224. Sincerely, /I/Q US ,JAMMY^-^-�LI�Q¢�WHEEELR,INC. se t .Jammallo,LSP rincl Enclosure C: William Harrod,III,Trustee;Norman Riley 180 Stone Street 85 Constitution Lane,Suite 3B1 Clinton,MA 01510 Danvers,MA01923 Tel 978368.6320 Tel. 978.774.7224 jacsimile978368,6121 - 'facsimile 978.774.7292 r Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J)L... E - A. A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: .0 co py 2. Street Address: 17 Meadow Street 3. Cityrrown: Salem 01970-0000 4. ZIP Code: ❑ 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. ❑ a. Tier1A ❑ b. Tier 1B ❑ c. Tier 1C ❑ d. Tier 6.If a Tier I Permit has been issued,provide Permit Number. B. THIS FORM IS BEING USED TO: (cheek one) ❑ 1. Submit a certified copy of a Notice or Activity,and Use Limitation,pursuant to 310 CMR 40.1074. ❑ 2. Submit an Evaluatkm of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuantto 310 CMR 40.1080. ❑ 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CM R ❑ 40.1083(3). Q 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 401 083(l)(d). ❑ 6. Submit a certified copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Submit a certified copy of anAmendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Submit a certified copy of a Partial Release ora Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Submit a certified copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Submit a certified copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11. Provide Additional RTNs: Fla. Check here if this AUL Submittal covers additional Release Tracking Numbers(RTNs). b. Provide this AUL Sub Release Tracking Number(s) ❑ - O - covered by this AUL Submittal. L (All sections of this transmitlatform must be filled out unless otherwise noted above. BWSC413A Is required for all submittals listed above) Revised:06/27/2003 Page 1 of 4 T LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuantto 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3❑ - 13526 C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: Essex County South District Registry of Deeds b. Book and Page Number and/or Document Number: Book 14002 Page 476 c. Date of recording and/or registration: 02/20/1997 mmfddlyyyy 2. Is the address of the property subject to AUL different from the disposal site address listed above? V a. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: 4. Cityrrown: 5. ZIP Code: D. PERSON SUBMFMNGAULTRANSMITTALFORM: 1. Check all that apply: ❑ a.change in contact name ❑ b.change of address ❑ c. change in the person undertaking response actions z. Name of organization: 17 Meadow Street Realty Trust 3. Contact First Name: William 4.Last Name: d III 5. street P.O. Box 3595 6.Title: Trustee T City/rown: Peabody 8. state: MA 9. ZIP Code: 01961-3595 10. Telephone: (978) 777-3276 11.Ext: 12. FAX 978 777-3276 13. Is the person described in this section the owner of the property? I v l a. Yes ❑ b. No,if checked then Section G must be filled out by at least one owner. ❑ c. Check here if providing names and addresses of any additional owners in an attachment E. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) W1 1. RPo PRP ® a. Owner [Jb. Operator ❑ c. Generator ❑ d. Transporter ❑ e. Other RP or PRP Specify: ❑ 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised:0627/2003 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 13526 F.REQUIRED ATTACHMENT AND SUBMITTALS: Fi 1. Check here to certify that notice of the proposed Activity and Use Limitation(AUL) was given to all record-interest holders, if any,in accordance with 310 CMR 40.1074(1)(9),via certified mail. a. Check here if there were no record interest holders. b. Date of certified mailing: mmlddtyyyy El c. Check here to certify that names and addresses of all record holders notified is attached. 2. Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subjectto such Activity and Use Limitation is located. 3. Check here to certify thatwithin30 days of recording and/or registering the AUL,including amending,releasing or ® terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. - ® 4. Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ies) where the property subject to the AUL is located,a copy of the notice was/will be submitted to DEP. 5. Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or ® terminating the AUL,a certified copy of the AUL,including the LSP Opininon containing the material facts,data,and other information, will be submitted to DEP. ❑ 6. Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid. Send corrections to the DEP Regional Office. 7. If an Evaluation of Changes in Land Uses/Activhfes and/or Site Conditions after a Response Action Outcome Statement is being submitted,check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. G. CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.1, ,attest under the pains and penalties of perjury that I am the owner of said property(ies), subjecttotheAUL 2. 3. Date: Signature mn-ddd/My 4. Name of Organization: 5. Contact First Name: 6.Last Name: 7. Street 8.Title: 9. City/rown: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext: 14. FAX Revised:06127/2003 Page 3 of 4 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY& USE LIMITATION (AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056 8 40.1070-40.1084(Subpart J) - 13526 H. CERTIFICATION OF PERSON MAIONG SUBMITTAL: 1.1, William T. Harrod, III ,attest under the pains and penalties of perjury(i)that l have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this ansmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii) at I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose behalf this submittal is made amts aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. Pursuant to 310 CMR 40.1074(1)(f), I also hereby certify under penalties of perjury, that either I(if person submitting the AUL Transmittal Form is the property owner), oir �v 2. Name of Property Owner amfis identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that the AUL s recorded and/or registered 3. By: 4. Title: Trustee Signature 5. For. 17 Meadow Street Realty Trust 6. Date: (Name of person or entity recorded in Section D) mm/ddfyyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street 9. City/Town: 10. State: 11. ZIP Code: 12. Telephone: 13.Ext 14. FAX YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE YOU MUST LEGIBLY COMPLETE ALL RELEVANT -- -- -- -- _- -- -- . SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE Date Stamp(DEP USE ONLY:) Revised:06/7712003 Page 4 of 4 2005I1227606V Bk1125226 IPIgl416 �- 12/27/2005 10.27.00 OTHER Pg 1/26 TERMINATTON OF NOTICE OF ACTIVITY AND USP LIMITATION Disposal Site Name: 17 Meadow Street, Salem,Massachusetts DEP Release Tracking No.(s) 3-13526 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Essex County Registry of Deeds in Book 14002 Page 476 (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain land situated in Salem, Essex County, Massachusetts with the buildings and improvements thereon, said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof("Property"); WHEREAS, said limitations are consistent with the terms of an Activity and Use Limitation Opinion("AUL Opinion") dated February 20, 1997, signed and sealed by Theodore J. Kaegael, Jr., holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to M.G.L. c. 21A, §§ 19 through 19J (the holder being referred to as "LSP") attached to said Notice as Exhibit C and made a part thereof, in order to maintain at a Portion of the Property a condition of No Significant Risk (said conditions and terms being defined in 310 CMR 40.0000). The Property is shown on a plan received and filed March 8, 1947 with the Essex County Registry of Deeds in Plan No 19717A attached to said Notice as Exhibit A-1 and made a part thereof. The Portion of the Property more specifically subject to said Notice is more particularly bounded and described in Exhibit B of said Notice; and WHEREAS, said Notice is being terminated because additional response actions are necessary to support the conclusion that a condition of No Significant Risk has been achieved at a Portion of the Property. NOW, -THEREFORE, I,-.,William T. _Harrod, III of Danvers, Essex County, Massachusetts, Trustee of the 17 Meadow Street Realty Trust, being the owner(s) of said Property, do hereby terminate said Notice. The basis of such termination is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated December 6, 2005, which is attached hereto as Exhibit A. I, William T. Harrod, III, Trustee of 17 Meadow Street Realty Trust, authorize and consent to the filing and recordation/and or registration of this Termination of Notice of Activity and Use Limitation, said Termination to become effective when recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. 1 WITNESS the execution hereof under seal this 2005 day of DECeM+33r /l A- illiam T. od, III,Trustee For 17 Mead w Street Realty Trust COMMONWEALTH OF MASSACHUSETTS x , ss �EtM$c-rZ �.>2005 Then personally appeared the above named (��l«g Aw- TR-Ns�eP and acknowledged the foregoing to be his free act and deed before me, Notary Public: My Commission Expires.- Upon xpires:Upon recording, return to: �� HELENA A. 0'NEIL �` ' �' N07ARY PUBLIC William T.Harrod, III, Trustee 17 Meadow Street Realty Trust"•�Y OMM SSION EXp RES 05%8/0 2 P.O. Box 3595 Peabody,Massachusetts 01961-3595 2 LlMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY&USE LIMITATION (AUL)OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3❑ - 13526 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: 2. Street Address: 17 Meadow Street Salem 01970-0000 3. Cityrrown: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ❑ 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). ❑ 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuantto 310 CMR . 40.1083(3). _ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion fora Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuantto 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form(BWSC113A) must be completely filled out,printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office:) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? 10 a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/rown: 4. ZIP Code: Revised:0627/2003 Pagel of 2 LIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION(AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 13526 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, including any and all documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > 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(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section S indicates that an Evaluation of Changes in Land Uses/Activides and/or Site Conditions after a Response Action Outcome Statement is-being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation orAmendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice ofActivity and Use Limitation,ora Release or Partial Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and 00 complies with 310 CMR 40.1083: > if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 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 ormaterially incomplete. 1. LSP#: 2259 2. First Name: Joseph 3. Last Name: Jammall0 4. Telephone: (9 74-7224 512,0 6. FAX: (978) 774-7292 7. Signature: 8: Date: la e) mm/dd/yyyy 9. LSPStamp: - u � a� "OF 9 Qc JOSEPH oyN♦♦ M. m� JAMLO &; i J Revised:06127/2003 Page 2 of 2 EXHIBIT A ACTIVITY AND USE LIMITATION OPINION In accordance with the requirements of 310 CMR 40.1083(1)(d), this Activity and Use Limitation (AUL) Opinion has been prepared for a parcel of land located atl7 Meadow Street, Salem, Massachusetts (the Site) (DEP Release Tracking No. 3-13526) and owned by, 17 Meadow Street Realty Trust, William T. Harrod, III, Trustee. The following presents the AUL Opinion applicable to the Portion of the Property described in the Notice of Activity and Use Limitation to which this Opinion is an Exhibit B. The property is improved with one building that presently operates as an automobile repair shop. Site History On March 7, 1997 the Massachusetts Department of Environmental Protection (DEP) received a Class A-3 Response Action Outcome (RAO) Statement and Notice of Activity and Use Limitation (AUL) for the above-referenced site. The DEP conducted an audit of the RAO submittal, and on August 3, 2000 issued a Notice of Audit Findings/Notice of Noncompliance (the Notice) to Mr. Edward Cote. A copy of this Notice is attached. The Notice indicated that certain RAO violations had been identified and required correction. In addition, the Notice required that when the requirements of the Notice of Noncompliance had been met, a Post- Audit Completion Statement, prepared in accordance with 310 CMR 40.1170 was to be submitted to the DEP. According to the DEP no such documentation was received by them. Reason for Termination of Activity and Use Limitation A second Notice of Noncompliance (second Notice), dated April 7, 2003, was issued by the DEP to Mr. Edward Cote. A copy of this econd Notice is attached which describes the actions to be take nc in e termination of UL. LSP: Jose . J 11 ,Licensed Site Professional Date: 1 vvcV Page 1 - COMMONWEALTH OF-IVIASSACHiJSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS b DEPARTMENT OF ENVIROYIIvIENTAL PROTECTION ARGEO PAUL CELLUCCI Governor BOB DURAND JANE SWAT Secretary . Lieutenant Governor .. LAUREN A. LISS - Commissioner AU6 :0 3 2000. CERTIFIED MAIL RETURN RECEIPT REQUESTED P. O. Box 246 RE: SALEM Salem, MA 01790 17 Meadow Street RTN#3-13526 NON-NE- QO-3A051 AUG 8.2000 Response Action Outcome Activity and Use Limitation CITY OF SALEM HEALTH DEPT. Attention: Mr. Edward Cote NOTICE OF AUDIT FINDINGS NOTICE OF NONCOMPLIANCE Dear Mr. Cote: On April 2, 1999; the Massachusetts Department of Environmental Protection(the Department) issued a Notice of Audit for a Class A-3 Response Action tout (RAO) State— + r � .�n and a Iv otice cf Acti-vit-y and Use Li.;.itation A RAO Statement and the AUL were prepared by Theodore J.Kae ael) filed (Licensed Site fcr the subject site. The ssional ff� 1127)and were received by the Department on March 7, 1997. This otic informs you of the results of the Department's audit. DETERIMINATIONS RAO Violations Identified which Require Correction The Department has identified violations of the requirements of the Massachusetts Contingency Plan (MCP, 310 CMR 40.0000) in the response actions conducted at the site. This information is available in alternate format by calling our.-6DA Coordinator at(617)574-63 73. 205a Lowell Street•Wilmington,MA 01837• Phone(973)661-7600• Fax(973)661-7615.TDD-(973)661-7679 .L, PnnteC on Recycl s Papa . Paget Notice.of Audit Findings RTN: 3-13526 Additional action must be taken to correct the identified violations in order to achieve compliance with the MCP. The enclosed Attachment A is the Notice of Noncompliance/Noncompliance Summary (NON), which describes: (1)the activity identified during the Audit which is in noncompliance; (2) the requirement violated; (3)the actions the Department wants you to take to achieve or confirm compliance with the MCP;and (4)the deadline for taking this action.The enclosed Attachment B is the Site Memorandum, which describes activities Department personnel performed during the audit and summarizes relevant site information. Post-Audit Completion Statement Required When the requirements in the NON have been completed,you should submit to the Department a Post-Audit Completion Statement per 310 CMR 40.1170, a copy of which is enclosed. DO NOT IGNORE THIS NOTICE Failure to address the violations identified and provide documentation of such action to the Department may subject you and your officers to enforcement actions by the Department. The Department may conduct a follow-up audit to determine whether the required response action has been taken. LICENSED SITE PROFESSIONAL A copy of this Notice has been sent to Theodore J. Kaegael, Jr. (LSP 4 1127), the Licensed Site Professional for the RAO Statement and Notice of AUL for your disposal site. th Ynn ma r nn lilt wian T SP when nrenarinv a reSnnnca to ih_c 1Qptirr. \TptP, }inwe��P'_', that you,not the LSP, are obligated to respond to this Notice and remedy the violation and error. LEMTATIONS The Department relies upon the accuracy of the information reviewed during the audit to make these findings. These findings do not: (1) apply to actions or other aspects of the site that were not reviewed in the audit, (2)preclude future audits of past, current or future actions at the any ;;ay constitute a _Tease from ar— "--bili'-r. h R *: M.G.L. c. 21E,'310 CMR 40.0000, or any other law, regulation, or re auiremen y or 4 limit the Departments authority to take or arrange, or to require any Responsible P t ( ) Responsible Party to perform, any response action authorized by M.G.L. ca?1 Erhich the Potentially Department deems necessary to protect health, safety, public welfare or the environment. Page .. Notice of Audit Findings RTN: 3-13526 If you have any questions regarding this notice please contact Mitra Khadem at the letterhead address or telephone (978)661-7600. Very truly yours, Ric d J.ChalP in of • ,Regional Engineer Bureau of Waste Site Cleanup Attachment: A. Notice of NoncomplianceNoncompliance Summary B. Site Memorandum Enclosure: Audit Follow-Up Plan Transmittal Form& Post-Audit Completion Statement(Form BWSC-111) Termination of Activity and Use Limitation Form cc: DEP/Wilmington,Data Entry/Files/NAFNON/RAO(w/attachments) DEP/Wilmington/BWSC, John Fitzgerald (w/attachments) DEPBWSCBoston/7th fl, Thomas Potter(w/attachments) Board of Health,Salem(w/attachments) SrFEC ENVIRONMENTAL,Inc..;13 WeibyRoad,New Bedford,MA 02745 Attention: Theodore J. Kaegael(w/attachments) 5 Essex Green Drive,Suite 21,Peabody,MA 01960-2914 A—ttention: William T. Harrod,M,Trustee of 17 Meadow Street Realty Trust (w/attachments) Pageq ,.:.. Notice of Audit Findings RTN: 3-13526 Attachment A NOTICE OF NONCOMPLIANCE NONCOMPLIANCE SUMMARy Release Tracking Number 3-13526 NAME OF ENTITY IN i`IONCOk?LIANCE: Edward Cote P. O:Box 246 Salem,MA 01790 LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 17 Meadow Street Salem,Massachusetts DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: March 7, 1997,the date on which the Department received a Class A-3 Response Action Outcome (RAO) Statement and supporting documentation. DESCRIPTION OF NONCOMPLIANCE: 1) Violation 310 CMR 40.0904 (Class IT) Source Evaluation:The property was historically used as a car repair.shop. While the RAO was submitted for the entire property, the study did not include the assessment of the garage building,the floor drain and its discharge point, or,the dry well located in a small backyard behind the garage building Additional investigations should have been conducted to determine the sources, extent and migration pathways for the release. (b)Vertical and Horizontal Extent of the Contamination: The Sommer Environmental Technologies,Inc. (SET "—ligation suggested that at a minimum_ �, o areas of contamination existed at the site: the narrow alley behind the garage, and the area adjacent to the southeast corner of the building. High levels of total petroleum hydrocarbons (TPID,methylene chloride and lead were identified in the samples collected during the SET study. The subsequent SITEC Environmental,Inc. (SITEC) investigation did not define the extent of contamination beyond the alley. Additionally, the soil samples.collected by SITEC before and after excavation activities were not analyzed for volatile organic compounds (VOCs) or metals, despite previous data indicating these contaminants were present. Page s Notice of AuditFindings RTN:'3-13526 �:M' 2) Violation 310 C.MR 40.0973(7) (class la) 310 CMR 40.0973 (7)states that a condition of no significant risk of harm to health,safety, public welfare and the environment exists if no Exposure Point Concentration is greater than the applicable.MCPMethodl soil or groundwater standard when a Method.l risk characterization is conducted. ; The Exposure Point Concentrations(EPCs)of some of the polynuclear aromatic hydrocarbons(PAI3s),identified in Table 4 of the SITEC 1997 report,exceed the applicable Method 1 standards. SIU in cared that based on literatute research,these levels do not pose a level of significant risk if the soil remains in place. Please note that to meet the requirements of theMCP,such an assertion must be discussed and quantitatively evaluated within a Method 3 risk characterization. 3) Violation 310 CMR 40.1004 (Class 11) 310 CMR 40.1004(1) states that, "A Response Action Outcome shall be supported by assessments and evaluations conducted pursuant to 310 CMR 40.0000 which: are of sufficient scope, detail, and level of effort to characterize the risk of harm to health, safety,public welfare and the environment posed by the site or disposal site pursuant to 310 CMR 40.0900; are consistent with the Response Action Performance Standard described in 310 CMR 40.0191;and are commensurate with the nature and extent of the release or threat of release and complexity of site conditions". Based on the violationsidentified above;:the Performance Standards for.Response Action Outcomes have not been achieved. Specifically: • The nature and extent of contamination was not defined; • Each source within the RAO boundary was not identified,assessed, eliminated or controlled; and • The Risk Characterization does not support a level of No Significant Risk. DESCRIPTION OF THE ACTIONS TO BE TAKEN & TBE DEADLINE FOR TAKING SUCH ACTIONS Within 90 days of the date of this Notice, complete the following actions; Retract the RSO, terminate the AUL and submit a Tier Classification pursuant to 310 CtiiR 40.0500 and, if necessary, a Tier I Permit pursuant to 310 CA/IR 40.0700 to conduct further response actions at the site in accordance with the MCP. As a component of the Tier = - _ Page 6 Notice of Audit Findings RTN:• 3-13526 Classification process, a Phase I report must be.prepared for the.site in accordance with 310 CMR 40.0480. The Phase I study at a minimum should provide a preliminary assessment of the e.ctent of volatile or compounds(VOCs)and metals in so11), and if necessary,groundwater in the area of the former waste oil storage and the north west comer of the building. ALso,during the Phase I activities, the discharge points of the floor drain in the garage and the dry well in the back Of the property are a potential source of release that should be adequately investigated. If the investigation indicates that the floor drain and the dry well discharge to the environment,further site investigation should be conducted in the vicinity of their discharge points to evaluate the nature and extent of any oil and/or fiazardous material release. The floor drain and the dry-well should be permanently closed iii accordance with the Underground Injection Control (UIC) regulations (3 10 CMR 27.00). The AUL must be terminated as follows: I_ Complete the attached AUL termination form; II• Record the form at the Registry of Deeds. At the time of recording, that e th termination be marginally referenced on the original AUL and on request the deed by which you obtain title to the property; and �• Obtain a copy of therecorded termination form,certified by the Registry of Deeds, and submit it to DEP. Page 7 Notice of Audit Findings` RTN: 3-13526 ATTACIEWENT B SITE MEMORANDUM Salem-17 Meadow Street RTW 3-13526 I. ACTIONS AUDITED The purpose of this memorandum is to document the audit,pursuant to the Massachusetts Contingency Plan(MCP)310 CMR 40.1100,of a Class A-3 Response Action Outcome Statement (RAO)for 17 Meadow Street, Salem,Massachusetts.The RAO Statement was prepared by Theodore Kaegael(ISR'# 11271), and was received by.the Department on March 7, 1997. II. AUDIT ACTIVITIES This audit consisted of the following activities by DEP. 1. Reviewing information in the Departarent's files,including: • "Environmental Investigation at Cote's Garage,Meadow Street,_Salem,MA",prepared by Sommer Environmental Technologies Inc. (SET),and dated June 12, 1995; • "LSP Evaluation Opinion and Response Action.0utcome(RAO) Closure Report,DEP File RTN'M 3-13526,"prepared by SITEC Environmental,Inc. (SITEC), and dated February 1997;and • A certified copy of the Notice of Activity and Use Limitation,recorded at Bristol County Registry ofDeeds`on March 7,1997-- 2. ,1997_2. Issuing a Notice of Audit, dated April 2, 1999. 3. Conducting a site visit on April 23, 1999- 111- SITE SUHNIARY Site Description The property is comprised of approximately 4,350 square feet of land, located in a commercial and residential partof Salem.It is abutted by Meadow.Street to the north,private residences to the east and south and business properties to the west. The property is occupied by a single-story building (see Site Map attached). The building has historically been used as an automobile repair garage. A narrow alley is located behind the Page 8 . :.. Notice o'EA'MiFindings RTN: 3-13526 garage building. According to SrJEC,approximately at the midpoint of this 55-gallon drums of waste oil were historically stored. alley,is an area where Summary of Response Actions On May 24, 1995, SET initiated a preliminary site investigation at the investigation four test pits and a trench site. During the were excavated in the alley,along the side of the building (see attached Site Plan A for the locations of the from the test pits and the trench test pits and the trench): Selected soil samples were collected for analysis of total petroleum hydrocarbons( - volatile organic compounds(VOCs)and metals. High concentrations of TPH(up to 673,600 mg/kg),methylene chloride(55 mg/kg)and.lead(1,230 mg/kg)were detected in these samples. Based on the laboratory data and visual observation, the highly contaminated areas are generally located in the alley behind the garage, and in an area adjacent to the southeast comer of the building. A 55-gallon buried drum was discovered in the trench. SET indicated(in aletter to Mr. Tom Wigglesworth of Petroleum&Chemical Equipment Services,dated June 12, 1995)that the levels of TPI- lead and methylene chloride observed at the site the Department triggered a 120 day notification to On October 4, 1995, SITEC Environmental,Inc. (SITEC)initiated a site investigation to delineate the extent of contamination in the former waste oil drum storage area. Eight borings were advanced throughout the alley and thirteen soil samples were collected from one to nine feet below grade. The samples were screened with a photoionization detector(PID)using the DEP jar headspace procedure and submitted to a laboratory for TPH analysis(EPA Method 418.1). According to the laboratory report dated October 23; 1995,TPH levels in these samples ranged from 69 to 77,000 mg/kg. The Department received a Release Notification Form 4, 1996. The date of obtaining lmowledg 1995. e of the release provided on the RNF was Octtoc ben March A Release Abatement Measure(RAM)Plan for the removal of contaminated soils from the alley was received by DEP on June 5, 1996 and was presumptively approved on June 26, 1996. The RAM excavation was initiated on June 26, 1996 and proceeded based on visual observation and screening with a PIDTire excavation activities were limited due to garage building structural integrity concerns. When the total depth of the excavation reached five to six and one half feet below existing grade, composite soil samples were collected from the sidewalls and bottom of the trench.The sidewall samples were analyzed for Extractable Petroleum Hydrocarbons (EPH)and target polynuclear aromatic hydrocarbons (PAHs)and the bottom sample was analyzed for TPH. In addition,three test pits were advanced below the bottom of the trench (TPIA,TP2A, and TP3A)and one soil sample from each test pit was collected to be analyzed for EPH and target PAHs. The results of the sampling indicated that concentrations of some of the PAHs and EPH fractions exceeded the applicable Method 1 S-2 standards. The concentration of TPH in the sample collected from the bottom of the excavation was below the applicable S-2 standard, but exceeded Page.9 Notice`afAudit:Findings . RTN-..343526 the Method 1 S 1 standard. Following the collection of the confirmatory samples,removal activities were terminated and the excavation was backfilled with clean fill. 'Groundwater reportedly was not encountered in the trench. SITEC anticipated that based on general topography,the groundwater flow direction is to the south/southeast,towards Salem Harbor. Based on the SITEC report,soils encountered during the excavation consisted of loamy topsoil and typical urban fill with an observable ash content Excavated soils(25.40 tons)were transported to a recycling facility under a Bill of Lading. Additionally, one soil stockpIleexcavated:during the RAM which showed TPH levels above 60,000.mg/kg,and two stockpiles generated during the SET'S test pitting activities,were transported off site under a Uniform Hazardous Waste Manifest to a hazardous waste disposal facility. Risk Characterization The risk characterization was conducted using MCP Method 1. The soil at the site was identified as S-2,and the groundwater was identified as GW-2. According to SITEC,there was no indication that groundwater beneath the site was impacted. Consequently,groundwater at the site was not assessed,and was not included as a potentially impacted media in the risk characterization process. The soil Exposure Point Concentrations(EPC),the averaged concentrations of TPH,EPH fractions,and target PAIL measured in confirmatory(post excavation)samples were compared to the Method 1, S-2 standards. The EPC for TPH was below the applicable soil.standard(S-2)but exceeded the S-1 so] standard. The EPCs of a number of PAIIs exceeded the applicable S-2 standards. SITEC stated that an extensive literature search regarding the mobility,volatility,and toxicology of PAH compounds indicated that the"deminimus"levels of these compounds were not likely to pose a threat to either public health or the environment,given their isolation.below grade. Also, SITEC anticipated that the PAH compounds will additionally be subject to ongoing bioremediation. SITEC concluded: "As such, SITEC ENVIRONMENTAL,Inc.has judged that a condition of No Significant Risk relative to these subspecies has been achieved in conjunction with adherence to an implemented AUL." Subsequently, a Notice of Activity and Use Limitation(AUL)was filed at the Essex County Registry of Deeds on March 7, 1997 and a Class A-3 RAO Statement and supporting documentation were submitted to the Department on March 7, 1997. It appears that the Class A-3 RAO was filed for the entire property. Permitted uses include general automobile repair business and vehicle parking or other similar uses. Inconsistent activities and uses include digging, excavation or disturbance of subsurface soil on the AUL area. Obligations and conditions of the AUL include complying to the AUL restriction to maintain a level of No Significant Risk. Page to Notice of Audit Findings RTN: 3-13526 Compliance Inspection On April 23, 1999,Mitra Khadem and Mr. Zachary Peters of the Bureau of Waste Site Cleanup (B WCS)conducted a Compliance Inspection at the site.A detailed description of the property is provided in Section III of this memorandum,Site Description. During the Compliance Inspection, a walkover was conducted. The property is unpaged and is used for the repair and storage of automobiles. Clean soils used as backfill in the alleyway during the 1996 RAIM were observed to be stained with what appeared to be petroleum products. .Mr. Ramon,the garage mechanic;.indicated that drums had been removed from this area sometime during his employment of the last 1'/2 years. An open"dry well" of approximately 10 inches in diameter was observed in the back of the property. A metal sheet covered the top of the hole,allow cars to drivelpark in the yard. The dry well contained standing water and sludge. The writer probed the well with a metal rod and observed the bottom of the well to be less than 2 feet deep. Mr. Ramon indicated that this hole had been filled at the direction of the Fire Department within the past 1%2 years. No information was provided in the RAO submittal regarding the.presence or function of this "dry well."A floor drain was observed in the middle of the garage floor. Although Mr. Ramon indicated that this drain had been sealed at the same time as the"dry well"in the back of the property,the drain did not appear to be sealed. The drain is located within an active work area and contained oily speedi-dri and solids.No information was provided in the RAO submittal regarding the presence, function or discharge point-of this floor drain. One above ground fuel oil storage tank(AST)is located in the basement of the building. A second AST is located in the garage and is used for the collection of waste oils. Mr.Ramon indicated that Murphy's Waste Oil picks up the waste oil. One self-contained solvent bath/spray tub was located next to the waste oil AST. This container was not labeled. IV. AUDIT FINDINGS A. Summary of violations 1. Violations that require further action. See Noncompliance Summary (Attachment A). 2. Violations that do not require further action. No further steps are necessary to correct the following violations at this time. Although the Department is not requiring additional actions to address the violations identified below, the Department may use these violations to establish a pattern of noncompliance if future enforcement actions are pursued. Page 11 Notice of Audit Findings RTN: 3-13526 1) Violation,310 CMR 40.0034 (3)(C) (Class 11) The soil stockpiles excavated on May 24, 1995 during the Sommer Environmental Technologies Inc. (SET)investigation were not removed from the site until September 9, 1996. 310 CMR 40.0034(3)(c)indicates that all remediation waste shall be removed from the site of excavation in all cases within 120 days of its initial excavation. The soil stockpile remained at the site for approximately 470 days. 2) Violation,310 CMR 40.0315(1) (Class 1) 310 CMR 40.0315 (2)requires that DEP be notified not more than 120 days after obtaining knowledge of that a release to the environment indicated by the measurement of one or more hazardous materials in soil or groundwater in an amount equal to or greater than the applicable Reporting Concentration. The Release Notification Form(RNF)has identified October 25, 1995 as the date that knowledge of the release was obtained. Based on the RNF,notification was due on or before February 22, 1996. The RNF was received by the Department on March 4, 1996. V. ADDITIONAL COMMENTS The following section contains the Department's comments pertaining to response actions conducted to support the Class A 3 RAO Statement_ The comments do not constitute deficiencies or violations and do not require a specific response to the Department. However, they are provided to assist you and your LSP in better understanding the Department's interpretation of the Massachusetts Contingency Plan and should be given appropriate . consideration when conducting future response actions and preparing MCP submittals for this and other sites. • According to the Bill of Lading(BWSC-012A) attached to the RAO report,67 cubic yards of waste oil contaminated soils that were generated from December,27, 1995 to December 28, 1995; as a result of an LRA,were transported to Bardon Trimount Environmental Services of Salem_ The information provided in the BOL Form does not match the details in BOL log sheets concerning the dates of soils generation and the estimated volume of soil generated. In a telephone conversation(July 20, 1999)Mr. Kaegael,the LSP,indicated to Mitra Khadem of DEP that, originally there was a plan to remove the contaminated soil as an LRA,prior to the notification to the DEP. Due to a severe winter,the LRA plan was postponed and eventually the removal activities were conducted under the RUM plan in July 1996. However,the original Bill of Lading filed for the LRA was not revised to indicate that soils were generated in July 1996, not in December 1995. • The reported concentrations of EPH Fractions in Table 4 are the analytical me hod's Adjusted Reporting Limits and not the actual sample EPH concentrations. hAIJ,PI,E�i �pp� 85ILP g7le Dv µ Aeer� st '{11 A1�A0 VN/ .�oQ1.tFi¢ O¢VLY w • A¢0A (2- 55GAt.� - a3 6-4. �XLAVATSV B9�io B°h� til��/At,tC �47ADoW 4-tv�r:; e-r LFIG. SCALE 17 MEADOW STREET SALEM,MA SITEC KI ONMENTAL x�a��SITEC ENVIRONMENTAL,Inc. Road CTOBER 1995 SOI, SS I jNG LOCATIONS ITIONS & 13 Welbyord, New Bedford,MA 02745 CAJ rQ CO CD co m c.� ' 74 3 3 I m Q..r CA a � c c a � a n i STF PLP\ SOMMER ENViRON`MEN.TAL. TECHNOL'OGLES , INC . _ 65 NEW SALEM STREET': WAKEFIELD, MASS. 01880 (617) g6--5360: \ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston —Northeast Regional Office MITT ROMNEY Governor ELLEN ROY HERZFELDER - Secretary KERRY HEALEY Lieutenant Governor - : EDWARD P.KUNCE Acting Commissioner CERTIFIED MAIL RETURN RECEIPT REQUESTED April 7, 2003 P. O. Box 246 RE: SALEM Salem, MA 01790 17 Meadow Street RTN # 3-13526 NON-NE- 03-3A040 Invalid RAO Attention: Mr. Edward Cote NOTICE OF NONCOMPLIANCE Dear Mr. Cote: On March 7, 1997, the Department received a Class A-3 Response Action Outcome (RAO) Statement and Notice of Activity and Use Limitation (AUL) for the above-referenced site. The RAO and AUL were prepared by Theodore J. Kaegael(Licensed Site Professional # 1127). The Department conducted an audit of the RAO submittal,and on August 3,2000 issued a Notice of Audit Findings/Notice of Noncompliance. This Notice indicated that certain RAO violations had been identified and required correction. The Notice directed that the required actions be taken within 90 days of the date of the Notice. In addition, the Notice required that when the requirements of the Notice of Noncompliance have been met, a Post-Audit Completion Statement, prepared in accordance with 310 CMR 40.1170 shall be submitted to the Department. No such documentation was received by the Department. The Department's audit of this site in 2000 included a review of available files by Department staff at the Northeast regional office in order to ensure that the RAO complies with Massachusetts General Law c.21 E and the Massachusetts Contingency Plan(MCP), 310 CMR 40.0000. This information is available in alternate formal.Call Aprel McCabe,ADA Coordinator at 1.617-556-1191.. 205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679 DEP on the Wodd Wide Web: http:/lw mass.gov/dep Co Printed on Recycled Paper Salem— RTN.3-13526 Page 2 DETERMINATIONS RAD Not Valit[ Based on the lack of a response to the Department's August 3, 2000 Notice of Audit Findings/Notice of Noncompliance, and information reviewed during the audit, the Department has determined that the documentation does not support a conclusion that there is a condition of No Significant Risk for the foreseeable future for human and/or environmental receptors, and as such, does not comply with the provisions of 310 CMR 40.1000. Violations were identified that require additional actions to be taken under the supervision of a Licensed site Professional (LSP) in order to come into compliance with the MCP. Pursuant to its authority under 310 CMR 40.0100(1)(e) and 40.1003(2), the Department hereby determines the Class A-3 RAO submittal and LSP Opinion received by the Department on March 7, 1997, for Release Tracking Number 3- 13526, to be in noncompliance with M.G.L. c.21 E and the MCP, and therefore, the RAO submittal is hereby invalidated. Further assessment and/or remediation in compliance with the MCP must be conducted at the site until a level of No Significant Risk can be achieved and you are able to submit to the Department a valid RAO. From the date of this Notice, the Department will list the subject Site as a Default Tier IB with no valid RAO. The activities that are in noncompliance and the actions the Department wants you to take to come into compliance are described in the Notice of Noncompliance (Attachment A). The Notice of Noncompliance describes: (1) each activity identified during the audit which is in noncompliance, (2) the requirements violated, (3) the action the Department now wants you to . take, and(4) the deadline for taking this action. If you fail to come into compliance by the prescribed deadline(s), or if you otherwise fail to comply in the future with requirements applicable to you, you could be subject to legal action. Such action could include criminal prosecution, court imposed civil penalties, or civil administrative penalties assessed by the Department. A civil administrative penalty may be assessed for every day from now on that you remain out of compliance with the requirements described in the Notice of Noncompliance. The law provides for administrative penalties of up to $25,000 per day for certain violations of the MCP through chapter 21A§16 and 310 CMR 5.00. LICENSED SITE PROFESSIONAL Note that you should consult with a Licensed Site Professional regarding the requirements of this Notice. However, you, and not your LSP, are responsible for complying with the requirements contained in this Notice. LIMITATIONS & RESERVATION OF RIGHTS The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1)preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed in the audit; or(3) Salem— RTN 3-13526 Page 3 in any way constitute a release from any liability,obligation, action or penalty under M.G.L.c. 21 E, 310 CMR 40.0000,or any other laws, regulations, or requirements. The Department retains authority to take or arrange,or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21 E, which the Department deems necessary to protect health,safety,public welfare, or the environment. If you have any questions regarding this Notice or any requirements contained in it,please contact Jack Miano at 978-661-7734. Please reference the Release Tracking Number 3-13526 and Enforcement Tracking Number NON-NE-03-3A040 in any future correspondence to the Department regarding the site. Sincerely, The Department of Environmental Protection is providing this final document copy to you, electronically. A signed copy of the original is on file at the DEP. Richard J. Chalpin Regional Engineer Bureau of Waste Site Cleanup Attachments: A. Notice of Noncompliance Enclosure: AUL Termination Form cc: Data Entry RAO / INVSUB, C&E/NON DEP/Boston/B WSC, Tom Potter, Audit Coordinator(e-copy) Board of Health, Salem(w/attachments) Meadow Street Realty Trust, 5 Essex Green Drive, Suite 21,Peabody, MA 01960-2914 Attention: William T. Harrod,III,Trustee(w/attachments) Salem — RTN-3-13526 Page 4 Attachment A NOTICE OF NONCOMPLIANCE NON-NE-03-3A040 NAME OF ENTITY IN NONCOMPLIANCE Edward Cote LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED 17 Meadow Street Salem, Massachusetts DATE WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED March 7, 1997, the date on which the Department received a Class A-3 Response Action Outcome(RAO) Statement and supporting documentation. DESCRIPTION OF NONCOMPLIANCE 1) Violation:.310 CMR 40.0904, (Class II), Failure To Adequately Evaluate The Sources and Extent Of The Release Source Evaluation: The property was historically used as a car repair shop. While the RAO was submitted-'o e entire property, the study did not ' cluddsment of the garage buil ' g, e floor rrCs d sc�ia`rge pom r, e dry well locat in a small backyard behind o ilding.Additiona investigation ave been conducted to determine the sources, extent and migration pathways for the release. Vertical and Horizontal Extent of the Contamination: The Sommer Environmental Technologies, Inc. (SET) investigation suggested that at a minimum, two areas of contamination existed at the site: the narrow alley behind the garage, and the area adjacent to the southeast corner of the building. High levels of total petroleum hydrocarbons (TPH), methylene chloride and lead were identified in the samples collected during the SET study. The subsequent SITEC Environmental, Inc. (SITEC) investigation did not define the extent of contamination beyond the alley. Additionally, the soil samples collected by SITEC before and after excavation activities were not analyzed for volatile organic compounds (VOCs) or metals, despite previous data indicating these contaminants were present. 2) Violation: 310 CMR 40.0973(7), (Class II), Failure To Meet The Applicable Soil Standards In A Method I Risk Characterization 310 CMR 40.0973(7) states that a condition of no significant risk of harm to health, safety, public welfare and the environment exists if no Exposure Point Concentration is greater Salem —, RTN 3-13526 Page 5 than the applicable MCP Method 1 soil or groundwater standard when a Method 1 risk characterization is conducted. The Exposure Point Concentrations(EPCs)of some of the polynuclear aromatic hydrocarbons (PAHs), identified in Table 4 of the SITEC 1997 report, exceed the applicable Method I standards. SITEC indicated that based on literature research, these levels do not pose a level of significant risk if the soil remains in place. Please note that to meet the requirements of the MCP,such an assertion must be discussed and quantitatively evaluated within a Method 3 risk characterization. 3) Violation: 310 CMR 40.1004, (Class 1I), Failure To Meet The Performance Standards For Response Action Outcomes 310 CMR 40.1004(1) states that, "A Response Action Outcome shall be supported by assessments and evaluations which: are of sufficient scope, detail, and level of effort to characterize the risk of harm to health, safety, public welfare and the environment posed by the site pursuant to 310 CMR 40.0900; are consistent with the Response Action Performance Standard described in 310 CMR 40.0191; and are commensurate with the nature and extent of the release or threat of release and complexity of site conditions". Based on the violations identified above, the Performance Standards for Response Action Outcomes have not been achieved. Specifically: The nature and extent of contamination was not defined; Each source within the RAO boundary was not identified, assessed, eliminated or controlled; and • The Risk Characterization does not support a level of No Significant Risk. DESCRIPTION OF THE ACTIONS TO BE TAKEN & THE DEADLINE FOR TAKING SUCH ACTIONS Within 60 days of the date of this Notice, complete the following actions: 1. A Phase I report must be prepared for the site in accordance with 310 CMR 40.0480. The n :' Phase I study at a minimum should provide a preliminary assessment of the extent of l a r volatile organic compounds(VOCs) and metals in soil, and if necessary, groundwater in the area of the former waste oil storage and the northwest comer of the building. Also, during the Phase I activities,the discharge points of the floor drain in the garage and the dry well F in the back of the property are a potential source of release that should be adequately investigated. If the investigation indicates that the floor drain and the dry well discharge to the environment, further site investigation should be conducted in the vicinity of their discharge points to evaluate the nature and extent of any oil and/or hazardous material release. 2. Based on the results of the additional investigation described above, submit a Tier Classification pursuant to 310 CMR 40.0500 and, if necessary, a Tier I Permit pursuant to Salem — RTN 3-13526 Page 6 310 CMR 40.0700, to conduct further response actions at the site in accordance with the MCP. 3. The floor drain and the dry well should be permanently closed in accordance with the Underground Injection Control (UIC) regulations (3 10 CMR 27.00). 4. The AUL must be terminated as follows: I. Complete the attached AUL termination form; II. Record the form at the Registry of Deeds. At the time of recording, request that the -termination be marginally referenced on the original AUL and on the deed by which you obtain title to the property; and .111. Obtain a copy of the recorded termination form, certified by the Registry of Deeds, and submit it to DEP. 5. When the Violations are corrected, submit to the Department a Post-Audit Completion Statement (BWSC-I 11) in accordance with 310 CMR 40.1170. Salern— RTN 3-13526 Page 7 TERMINATION OF NOTICE DE AC'TTVTTY A,NT)T TSF T TMTTATToN Disposal Site Name: DEP Release Tracking No.(s) WHEREAS, a Notice of Activity and Use Limitation has been recorded with the County Registry of Deeds in Book Page , and/or registered with the Land Registration Office of the County Registry District as Document No. [as amended by Amendment to a Notice of Activity and Use Limitation dated recorded with the County Registry of Deeds in Book Page , and/or registered with the Land Registration Office of the County Registry District as Document No. 1 (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice"); WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain [vacant] land situated in (Town/City), County, Massachusetts [with the buildings and improvements thereon], said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof("Property"); WHEREAS, said limitations are consistent with the terms of an Activity and Use Limitation Opinion ("AUL Opinion") dated signed and sealed by , holder of a valid license issued by the Board of Registration of Waste Site Cleanup Professionals, pursuant to M.G.L. c. 21A, §§ 19 through 19J (the holder being referred to as "LSP") attached to said Notice of Activity and Use Limitation as Exhibit C and made a part thereof, in order to (select one) [maintain at the Property a condition of No Significant Risk] [eliminate a substantial hazard] (said conditions and terms being defined in 310 CMR 40.0000); and WHEREAS, said Notice is being terminated because additional response actions are necessary to support the conclusion that [a condition of No Significant Risk has been achieved at the property][all substantial hazards have been eliminated at the property]. NOW, THEREFORE, I/We, of (City/Town) County, (State), being the owner(s) of said Property, do hereby terminate said Notice. ( Owner ) authorizes andconsents to the filing and rceordation/and or registration of this Termination of Notice of Activity and Use Limitation, said Termination to become effective when recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office.] Salem– PTN3-13526 Page 8 WITNESS the execution hereof under seal this_ day of , 19 [Name of Owner] [COMMONWEALTH OF MASSACHUSETTS] [STATE OF_ I -- —> ss 19 appearedThen personally foregoing to be [his)t[he] free act and deed before me, __.__ and acknowledged the Notary Public: My Commission Expires: Upon recording, return to: (Name and Address:Of Owner) :�00�1i0ni0'�3i+Fx q �