15 ROBINSON ROAD AUL (003) �J
RECEIVED Illllllllllllllllllllllliflllllllll�lllllllll
W ESSEX #551 B07237 Pg;237
12/21/2018 02:41 NOTC AUL PS 1/22
JAN 04 2M
CITY OF SALEM
BOARD OF HEALTH
Form 1075
Note: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property
or a portion thereof that is subject to this Notice of Activity and Use Limitation,the Notice of
1 Activity and Use Limitation shall be incorporated either in full or by reference.into all future deeds,
easements,mortgages,leases,licenses,occupancy agreements or any other instrument of transfer.
Within 30 days of so incorporating the Notice of Activity and Use Limitation in a deed that is
recorded or registered,a copy of such deed shall be submitted to the Department of Environmental
Protection.
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c.21E, § 6 and 310 CMR 40.0000
Disposal Site Name: 15 Robinson Road
DEP Release Tracking No.(s): 3-26542
This Notice of Activity and Use Limitation ("Notice") is made as of
this 21_ day of December, 2018, by 15 Robinson Road LLC, a
Massa_chusetts limited liability company principally located at 27R Farm
Avenue, Peabody, MA 01960, together with its successors and assigns
(collectively "Owner").
WITNESSETH:
I
WHEREAS, 15 Robinson Road LLC is the owner in fee
simple of
that certain parcel of land located in Salem, Essex County, Massachusetts
with the buildings and improvements thereon, pursuant to a deed recorded
with the Essex South District Registry of Deeds in Book 35103,Page 265;
WHEREAS, said parcel of land, which is more particularly bounded
and described in Exhibit A, attached hereto and made a part hereof
("Property") is subject to this Notice of Activity and Use Limitation. The
Property is shown on a plan recorded in the Essex South District Registry of
Deeds in Plan Book 41,Plan 15;
WHEREAS, a portion of the Property ("Portion of the Property") is
subject to this Notice of Activity and Use Limitation. The Portion of the
Property is more particularly bounded and described in Exhibit A-1, attached
hereto and made a part hereof. The Portion of the Property is shown on a plan
recorded with the Essex South District Registry of Deeds in Tian Book 466,
Plan 82, and on a sketch plan attached hereto and filed herewith for
registration;
WHEREAS, the Portion of the Property comprises part of a disposal
site as the result of releases of oil and/or hazardous material.
Exhibit B is a sketch plan showing the relationship of the Portion of
the Property subject to this Notice of Activity and Use Limitation to the
boundaries of said disposal site existing within the limits of the Property and
to the extent such boundaries have been established. Exhibit B is attached
hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for the
Portion of the Disposal Site in accordance with M.G.L. c. 21E ("Chapter
21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP").
Said response actions are based upon (a) the restriction of human access to
and contact with oil and/or hazardous material in soil and/or (b) the
restriction of certain activities occurring in, on, through, over or under the
Portion of the Property. A description of the basis for such restrictions, and
the oil and/or hazardous material release event(s) or site history that resulted
in the contaminated media subject to the Notice of Activity and Use
Limitation is attached hereto as Exhibit C and made a part hereof;
NOW,THEREFORE,notice is hereby given that the activity and use limitations
set forth in this Notice of Activity and Use Limitation are as follows:
1. Activities and Uses Consistent with Maintaining No Siguficant Risk
Conditions. The following Activities and Uses are consistent with maintaining
a Permanent Solution and a condition of No Significant Risk and, as such, may
occur on the Portion of the Property pursuant to 310 CMR 40.0000:
(i) Continued use of the Portion of the Property subject to this Notice of
Activity and Use Limitation (the AUL Area), as an unpaved area with
activities to include any above grade non-intrusive activities and utility
and construction activities above three(3)feet below grade;
(ii) Uses consistent with current industrial and commercial use and not
expressly limited by this AUL,including but not limited to,pedestrian and
vehicular traffic, landscaping, equipment storage and materials storage in
the AUL Area;
(iii) Subsurface activities including, but not limited to, excavation
associated with planned, non-emergency maintenance of utilities,
landscaping, existing building or construction of new utilities, fences,
buildings or other structures that will result in disturbance of or contact
with contaminated soil, provided that these activities are conducted in
accordance with a Health and Safety Plan and Release Abatement
Measure (RAM) Plan developed in accordance with the Obligations (i)
and(ii)in Paragraph 3 below;
(iv) Redevelopment and use of the Property for industrial, commercial,
restaurant, office, and retail uses and/or residential uses which have
centralized management through a trust, an unincorporated association,
management company, condominium association or similar group, and
activities associated therewith, including, but not limited to, pedestrian
and/or vehicular traffic and parking for any purposes (e.g. commercials,
industrial, or residential), landscaping and routine maintenance of
landscaped areas where the commercial, restaurant, office, retail uses
and/or residential uses are consistent with the provisions of Paragraphs 2
and 3 below;
(v) Such other activities or uses which, in the Opinion of a Licensed Site
Professional, as that term is used and/or defined in the MCP, shall present
no greater risk of harm to health, safety,public welfare or the environment
than the activities and uses set forth in this Paragraph 1; and
(vi) Such other activities and uses not identified in Paragraph 2 below as
being Activities and Uses Inconsistent with maintaining No Significant
Risk Conditions.
2. Activities and Uses Inconsistent with Maintaining- No Significant Risk
Conditions.The following Activities and Uses are inconsistent with maintaining
a Permanent Solution and a condition of No Significant Risk pursuant to 310
CMR 40.0000, and, as such,may not occur on the Portion of the Property:
(i) Subject to the permitted Activities and Uses enumerated above in
Paragraph 1,any activity including,but not limited to, excavation or utility
installation and/or repair which is likely to disturb contaminated soil
located in the AUL Area deeper than three (3) feet below grade to fifteen
(15) feet below grade, unless under the supervision of a Licensed Site
Professional who has reviewed the disposal site file for RTN: 3-26542
and who renders an Opinion which states that such activity poses no
greater risk of harm to health, safety, public welfare or the environment
and ensures the condition of "No Significant Risk" is maintained in
accordance with applicable regulations and policies that may be in effect;
environmental monitoring necessary to prevent worker and other potential
receptor exposures to contaminated soil through ingestion, dermal contact
and inhalation. Contractors, subcontractors, personnel and others working
at the Property on a project requiring development of a RAM Plan
purs»ant tn the requirements Athis Notice who may come in contact with
the oil and hazardous material contaminated soil should be appropriately
trained in the requirements of the Health and Safety Plan, and the Health
and Safety Plan must remain available on-site throughout the course of the
project.
(iii) The removal of soil from the Property must be conducted under the
oversight of a Licensed Site Professional.
4. Proposed Chances in Activities and Uses. Any proposed changes in activities and
uses at the Portion of the Property which may result in higher levels of exposure to oil
and/or hazardous material than currently exist shall be evaluated by a Licensed Site
Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as to
whether the proposed changes are inconsistent with maintaining a Permanent Solution and
a condition of No Significant Risk. Any and all requirements set forth in the Licensed Site
Professional Opinion to meet the objective of this Notice shall be satisfied before any such
activity or use is commenced.
5. Violation of a Permanent or Tem ora v Solution. The activities, uses and/or
exposures upon which this Notice is based shall not change at any time to cause a
significant risk of harm to health, safety, public welfare, or the environment or to create
substantial hazards due to exposure to oil and/or hazardous material without the prior
evaluation by a Licensed Site Professional in accordance with 310 CMR 40.1080, and
without additional response actions, if necessary,to maintain a condition of No Significant
Risk.
If the activities, uses, and/or exposures upon which this Notice is based change without
the prior evaluation and additional response actions determined to be necessary by a
Licensed Site Professional in accordance with 310 CMR 40.1080,the owner or operator of
the Portion of the Property subject to this Notice at the time that the activities, uses and/or
exposures change, shall comply with the requirements set forth in 310 CMR 40.0020.
6. Incorporation Into Deeds. Mortgages• Leases and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all future deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer,
whereby an interest in and/or a right to use the Property or a portion thereof is conveyed in
accordance with 310 CMR 40.1074(5).
Owner hereby authorizes and consents to the filing and recordation and/or registration of
this Notice, said Notice to become effective when executed under seal by the undersigned
Licensed Site Professional, and recorded and/or registered with the appropriate Registry of
Deeds and/or Land Registration Office.
WITNESS the execution hereof under seal this 21st day of December 2018.
5 Robinson Road LLC,
a Massachuse s limited liability company
B --
Michael eiss,Manager and not individually
(hereunto authorized)
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
On this 21 st day of December,2018,before me,the undersigned notary public,personally
appeared Michael Weiss,Manager,proved to me through satisfactory evidence of
identification,which was a diver license,to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he signed it voluntarily for
its stated purpose on behalf of 15 Robinson Road LLC as aforesaid.
Notary&Seal
M Commissio _Expires: u DANIELISOUSA
_ % Notary Public
Massachusetts
My Commission Expires j
Sep 27,2024 I'
The undersigned Licensed S��i 1"l L�s1 yrLr.iy- ins that in his Opinion this
Notice of Activity and Use Limitation is consistent with a Permanent Solution and
maintaining a condition of No Significant Risk.
li
17
11
Date:December 21,2018, �=
�
Fabbri LSP#9988
LSP Seal
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
On this 21"day of December 2018,before me,the undersigned notary public,personally
appeared Luke A.Fabbri,proved to me through satisfactory evidence of identification,
which was a drive license,to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that he signed it voluntarily for its stated
purpose.
otary & Seal "
My C.ommissioi Expires_
- -- ~N DANIEL I SOUSA j.�
Notary Public
Upon recording,return to: Massachusetts
x
P g My Commission Expires
Sep 27,2024
The Panos Law Group
246 Andover Street, Suite 301
Peabody,MA 01960
Attn: Jason A. Panos,Esq.
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EIORIBIT C
AMENDMENT OF NOTICE ACTIVITY AND USE LIMITATION OPINION
In accordance with the requirements of 310 CMR 40.1074,this Notice of Activity and Use
Limitation(AUL) Opinion has been prepared for the parcel of land located at 15 Robinson Road,
Salem,Essex County,Massachusetts 01970 and owned by the 15 Robinson Road LLC, Michael
Weiss,Manager. l ne site is formerly known as A&H Auto Exchange(A&H). 1 he area to which
the AUL has been applied,the"AUL Area",is a Portion of the Property locates in the north west
corner of the upper plateau as described in Exhibit A-1 and shown on Exhibit B. The Property
consists of one parcel identified as Parcel ID 06-0013-0 by the City of Salem Assessors. The
Disposal Site as defined in the Permanent Solution with Conditions (PSwC) includes the AUL
Area shown on Exhibit B.
This AUL Opinion describes the site history,type and location of residual contamination,
response actions taken to date,risk characterization process,reasons for an AUL,permitted
activities and uses,inconsistent activities and uses, and obligations and conditions necessary to
maintain a level of"No Significant Risk"as defined by the Massachusetts Contingency Plan.
Site History,Type and Location of Residual Contamination,Response Actions
Before 1961 the Property was a single-family dwelling. In 1961,A&H began developing the
Property into an automobile salvage yard,metal recycling facility and demolition debris transfer
station.Access to the Property is uphill from Swampscott Road.The access road rises from
Swampscott Road to a low spot between two rock knolls. To the northeast the upper plateau rises
to approximately 130 feet above mean sea level. To the southwest the smaller knoll rose to
approximately 108 feet above mean sea level. Over the years A&H blasted rock and brought in
fill to extensively grade the property. According to available information the demolition debris
transfer station stopped in 2004. In the last twenty years of operation,the facility expanded to
process scrap steel,appliance,drums and white metals.The facility had two compactors and a
crusher that baled entire cars that were stripped of tires, exhaust systems,gas tanks, brake shoes,
batteries and fluids before the steel being bailed.Batteries were placed in containers and tires
were stored on the site. Cars with useable parts were spread all over the property. The waste oil
was stored is steel tanks, gasoline was used in company vehicles and antifreeze was held in 250-
gallon totes before processing at a separate facility.
In May 2015,the former owner passed away and his heirs slowly decommissioned the operation.
All of the scrap cars were remove. The scale house and all of the other equipment was removed
and several above ground storage tanks used to store waste oil and antifreeze in the canopy
building were pumped out. On the southwest knoll there was a pile of several hundreds of tires.
On the northeast knoll there was 5,000 cubic yard pile of asphalt regrind and another large
stockpile of cobble fill.After taking ownership, 15 Robinson Road LLC,terminated all leases
and access to the facility was fenced and locked.
3.1 RTN 3-26542
In 2006,A&H submitted a Phase I -Phase II Environmental Site Assessment,to the
Massachusetts Department of Environmental Protection(MADEP).MADEP issued a Notice of
Responsibility(NOR)under Release Tracking Number(RTN) 3-26542 in February 2007, for the
release of cadmium,lead and mercury from an automobile salvage yard. On March 5, 2008,
MADEP issued a Notice of Noncompliance(NON)to A&H Auto Exchange,Inc. for failure to
Tier Classify and/or submit a Response Action Outcome(RAO) Statement,failure to identify a
"Condition of Substantial Release Migration", failure to identify a release within 500 feet of a
private water supply well and for failure to submit an IRA Plan. The Site was a Default Tier ID
site and in noncompliance with the MCP before the 15 Robinson Road LLC purchased the
Property.
15 Robinson Road LLC took title to the property on July 22,2016. An IRA Plan was submitted
on August 17,2016,to complete the tasks originally requested by MADEP. The IRA Plan was
prepared based on a property transfer assessment conducted by GFS for the new owner and
reports made available online by MADEP. An IRA Completion Report Plan was submitted in
accordance with section 310 CMR 40.0480 of the MCP on December 27, 2016. Site work was
then continued under a RAM Plan. A Phase I-Initial Site Assessment(Phase I)and Tier II
Classification Submittal were submitted January 23,2017. The Tier Classification included an
Eligible Person submittal for the purpose of re-establishing Massachusetts Contingency Plan
(MCP) deadlines pursuant to 310 CMR 40.0570:
NATURE AND EXTENT OF CONTAMINATION
Three areas of soil contamination were identified.The flat parking area located adjacent to the
intermittent stream where storm retention controls are located,the area south of the existing
building adjacent to the former oil storage building,and the AUL Area located on the north and
northwestern edges of the upper level were determined to contain varying concentrations of
volatile organic compounds (VOCs), extractable petroleum hydrocarbons (EPH) carbon chains,
semi-volatile organic compounds(SVOCs),PCBs and metals. Contaminants-of-concern(COCs)
include EPH carbon chains, SVOCs,PCBs and metals.However,the risk drivers are the PCBs
and total lead in soil.
The Storm water retention area has on average,four feet of contaminated soil starting at 12 to 18
inches below grade. The exposure point concentrations(EPCs)are below the Method 1 S-1/GW-
1 Cleanup Standards in this area(TP-43, TP-47,TP-48,TP-49 and TP-51). The area south of the
building was characterized as having 2-4 feet of oil stained soil under less than 1-2 feet of clean
cover.In this area the total lead concentrations in soil were above Method 1 S-1 Cleanup
Standards. This area was stripped of contaminated soil to bedrock under the RAM.The soil was
screened to remove stones 4-inches and larger. The stone was crushed for reuse and the left over
soil was used as part of the cap over the AUL Area. The AUL Area is located around the fringe
of the northeast knoll. In this area there is a wedge of contaminated soil from 1 to 8 feet thick
with the thickness increasing toward the perimeter. The area was determined not to be a Hot Spot
as defined in the MCP,but has COC EPCs that exceed"unrestricted use"criteria.
No EPH compounds were detected in the ground and drinking water samples. MTBE was the
only VOC detected. MTBE was detected in GFS-8 and PW at 6.3 and 3.8 ppb respectively. The
Method 1 GW-1 Cleanup Standard for MTBE is 70 ppb.Barium was detected in all six ground
water samples and the drinking water sample and no other metals. The detected barium
concentrations ranged from 0.011 ppm(GFS-7)to 0.2 ppm(MW-1) and 0.079 ppm in PW. The
Method 1 GW-1 Cleanup Standard for MTBE is 70 ppm and for barium 2 ppm.
Only barium was detected in the surface water samples.Barium detections ranged from 0.11
ppm in GSW-3 to 0.032 ppm in GSW-1 and GSW-2.
Sediment samples GSED-1 at the outlet of the pond and GSED-3 at the isolated wetland near
GFS-9 contained no PCBs,background concentrations of metals and low-grade EPH carbon
chains. Sample GSED-2 contain several low grade PCBs with a total PCB concentration of 1.63
ppm,background concentrations of metals except for lead at 220 ppm and low-grade EPH
carbon chains and target compounds. At this location low grade fill had been used to backfill
around the culvert that was replaced before the current owner purchased to property. The PCBs
and lead are believed to be associated with that fill. Just downstream from SED-2 at SED-4,total
PCBs were detected at 0.39 ppm and lead at 35 ppm.
Risk Characterization Process and Reasons for an AUL
The conclusion of the Method l/Method 2 Risk Characterization presented in the PSwC report
was that a Condition of No Significant Risk'(NSR) did not exist on a Portion of the Property
due to potential exposure to contaminants in soil.The report concluded that no current exposure
pathways existed and that an AUL would be required to prohibit direct contact with soil under
future site uses.
A Method 1/1\4ethod 2 Risk Characterization was presented in the PSwC. The current scenario is
that the Property is used by a contractor for equipment and material storage, composting and
sales of materials and equipment. Future use of the Property could include redevelopment for
industrial, commercial, office, and retail uses and/or residential uses which have centralized
management through a trust, an unincorporated association,management company,
condominium association or similar group, and activities associated therewith, including,but not
limited to,pedestrian and/or vehicular traffic and parking for any purposes (e.g. commercials,
industrial, or residential),landscaping and routine maintenance of landscaped areas where the
commercial, office,retail uses and/or residential uses are consistent with the provisions of the
AUL.
The reason for this AUL is to control future access to the soil deeper than three feet below grade
in the AUL Area.
1. Activities and Uses Consistent with Maintainim-, No Significant Risk Conditions. The
following Activities and Uses are consistent with maintaining a Permanent Solution and a
condition of No Significant Risk and, as such,may occur on the Portion of the Property pursuant
to 310 CMR 40.0000:
(i) Continued use of the Portion of the Property subject to this Notice of Activity and Use
Limitation(the AUL Area),as an unpaved area with activities to include any above grade
non-intrusive activities and utility and construction activities above three (3) feet below
grade;
(ii)Uses consistent with current industrial and commercial use and not expressly limited
by this AUL, including but not limited to,pedestrian and vehicular traffic, landscaping,
equipment storage and materials storage in the AUL Area;
(iii) Subsurface activities including,but not limited to, excavation associated with
planned,non-emergency maintenance of utilities,landscaping,existing building or
construction of new utilities,fences,buildings or other structures that will result in
disturbance of or contact with contaminated soil,provided that these activities are
conducted in accordance with a Health and Safety Plan and Release Abatement Measure
(RAM)Plan developed in accordance with the Obligations (i)and(ii)in Paragraph 3
below;
(iv)Redevelopment and use of the Property for industrial, commercial,restaurant, office,
and retail uses and/or residential uses which have centralized management through a
trust, an unincorporated association,management company,condominium association or
similar group,and activities associated therewith, including,but not limited to,pedestrian
and/or vehicular traffic and parking for any purposes (e.g. commercials, industrial, or
residential),landscaping and routine maintenance of landscaped areas where the
commercial,restaurant, office,retail uses and/or residential uses are consistent with the
provisions of Paragraphs 2 and 3 below;
(v) Such other activities or uses which, in the Opinion of a Licensed Site Professional, as
that term is used and/or defined in the MCP, shall present no greater risk of harm to
health, safety,public welfare or the environment than the activities and uses set forth in
this Paragraph 1; and
(vi) Such other activities and uses not identified in Paragraph 2 below as being Activities
and Uses Inconsistent with maintaining No Significant Risk Conditions.
2. Activities and Uses Inconsistent with Maintainin��No Siiz i i ficant Risk Conditions. The
following Activities and Uses are inconsistent with maintaining a Permanent Solution and a
condition of No Significant Risk pursuant to 310 CMR 40.0000, and, as such,may not occur on
the Portion of the Property:
(i) Subject to the permitted Activities and Uses enumerated above in Paragraph 1,
any activity including, but not limited to, excavation or utility installation and/or repair
which is likely to disturb contaminated soil located in the AUL Area deeper than three(3)
feet below grade to fifteen(15)feet below grade,unless under the supervision of a
Licensed Site Professional who has reviewed the disposal site file for RTN: 3-26542 and
who renders an Opinion which states that such activity poses no greater risk of harm to
health, safety,public welfare or the environment and ensures the condition of"No
Significant Risk" is maintained in accordance with applicable regulations and policies
that may be in effect;
(ii) The use of the AUL Area for unrestricted residential uses, such as single
family homes or apartments that do not have centralized management through a trust, an
unincorporated association,management company, condominium association or similar
group,where the individual homeowners or occupants are responsible for upholding
restriction and conditions in this Notice;and
(iii)Use of the Portion of the Property for agricultural purposes,where existing soil is
used for growing fruits or vegetables intended for consumption for gardening;
playground; daycare; school;nursery;recreational area such as a park or athletic field;
and/or single family residence.
3. Obligations and Conditions. The following obligations and/or conditions are necessary and
shall be undertaken and/or maintained at the Portion of the Property to maintain a Permanent
Solution and a condition of No Significant Risk:
(i) A RAM Plan,including a Soil Management Plan must be prepared by an
Licen,:,ed cite Prc essicnw1 pier to ccn_-nunc=-_nt of any subsurface rorwstructic^
activity,or any planned(non-emergency)utility installation,repair or maintenance
activity which is likely to disturb contaminated soil located in the AUL Area deeper than
three (3)feet below grade.The RAM Plan and Soil Management Plan shall be prepared
in accordance with applicable local, state and federal regulation including the MCP. The
RAM Plan and Soil Management Plan should describe appropriate soil management,
characterization, storage,transport and disposal procedures in accordance with the
applicable provisions of the MCP cited at 310 CMR 40.0030 et seq. Contractors,
subcontractors,personnel and others working at the Property on a project requiring
development of a RAM Plan pursuant to the requirements of this Notice who may come
in contact with the contaminated soil should be appropriately trained on the requirements
of the RAM Plan, and the RAM Plan must remain available on-site throughout the course
of any project requiring development of a RAM Plan pursuant to the requirements of this
Notice; and
(ii) A Health and Safety Plan must be prepared and implemented pursuant to the
applicable requirements of the MCP,prior to the commencement of any activity, which
may result in the disturbance of contaminated soil located in the AUL Area deeper than
three (3)feet below grade.A Certified Industrial Hygienist or other qualified individual
appropriately trained in worker health and safety procedures and requirements should
prepare the Health and Safety Plan. The Health and Safety Plan should specify the type of
personnel protection, engineering controls and environmental monitoring necessary to
prevent worker and other potential receptor exposures to contaminated soil through
ingestion, dermal contact and inhalation. Contractors, subcontractors,personnel and
others working at the Property on a project requiring development of a RAM Plan
pursuant to the requirements of this Notice who may come in contact with the oil and
hazardous material contaminated soil should be appropriately trained in the requirements
of the Health and Safety Plan,and the Health and Safety Plan must remain available on-
site throughout the course of the project.
(iii) The removal of soil from the Property must be conducted under the oversight
of a L MZP7
ssional.
LSP•
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Lic ed Site Professional#9988 LUKE
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DATE: December 20,_2018 FA$RI
WOW d ,
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EXHIBIT D
15 ROBINSON ROAD LLC
MANAGER'S CERTIFICATE
I, Michael Weiss, Manager of 15 Robinson Road LLC, a limited liability company (the
"Company") duly organized and validly existing and in good standing under the laws of the
Commonwealth of Massachusetts in connection with the encumbrance upon property known and
numbered 15 Robinson Road, Salem, Essex County, Massachusetts (the "Pro a ") of an
"Activities and Use Limitation" restriction and do hereby certify, represent and warrant as
follows:
1. Attached hereto as Exhibit A is a true and correct transcription of votes
authorizing the Company to, among other things, grant of an "Activities and Use Limitation"
restriction for property known and numbered 15 Robinson Road, Salem, Essex County,
Massachusetts which votes were duly adopted by the Members of the Company dated as of
November 1, 2018 (the "Votes"); the Votes remain in full force and effect as of the date hereof,
without alteration,amendment,modification, supplementation or rescission since that date,either
in whole or in part.
2. Attached hereto as Exhibit B is a true, correct and complete copy of the
Certificate of Organization which was in full force and effect on the date of the Votes.
3. The Manager of the Company duly authorized and acting now and at the time of
the signing of each of the documents mentioned in the Votes is and was the following,and where
a signature appears after the name,it is the genuine signature of s4 C1 fic
Title Name S na
Manager Michael Weiss
4. The undersigned Michael Weiss as Manager of 15 Robinson Road LLC is the
duly appointed and acting official in charge of the books and records including the minutes of
proceedings of 15 Robinson Road LLC.
f ssignatures appear on following 12age1
IN WITNESS WHEREOF, the undersigned have hereunto set their signatures as of this
28111 day of November, 2018.
x 5 RO ON D LC
dame: Michael Weiss
Title: Manager
COMMONWEALTH OF MASSACHUSETTS
County: Essex
On this 28`1 day of November,2018, before me, the undersigned Notary Public, personally
appeared Michael We, s, Managert proved to me through satisfactory evidence of identification
which was to be the person whose name is signed on the
preceding or attached document,and acknowledged to me`that he signed it voluntarily for its
stated on behalf of 15 Robinson Road LLC ore id.
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15 ROBINSON ROAD LLC
AUTHORIZING VOTES OF MEMBERS
The undersigned, being the sole members of I S Robinson Road LLC, a Massachusetts
Limited Liability Company (the"Company") hereby consent to the following Votes to authorize
the Company to encumber the property known and numbered 15 Robinson Road, Salem, Essex
County, Massachusetts (the "Pro a ') with an "Activities and Use Limitation" restriction (the
"AUU), said Votes to be filed with the records of the Meetings of the Members of said
Company.
VOTED: That Michael Weiss, the Manager of 15 Robinson Road LLC execute and deliver
for and on behalf of 15 Robinson Road LLC, all authorizations and directions to
grant of an "Activities and Use Limitation" restriction for property known and
numbered 15 Robinson Road, Salem, Essex County, Massachusetts as evidenced
by and among other things (i) a Notice of Activities and Use Limitation (M.G.L.
c. 21E, § 6 and 310 CMR 40.0000); and (ii) any and all other documents related
and ancillary thereto to evidence the same (the 'Transaction Documents"), to be
in such form and with such changes therein or additions thereto as such Manager
may approve, the execution and delivery by him to be conclusive evidence of
such approval by the Members of 15 Robinson Road LLC;
VOTED: That the said Manager of 15 Robinson Road LLC be and is hereby authorized and
empowered to, acting singly, execute, issue and deliver for and on behalf of 15
Robinson Road LLC such other documents, including those described in or
referred to in the preceding Votes, as may be necessary or convenient to carry out
the intents and purposes of the preceding Votes, said documents to be in such
form as such Manager may approve,the execution and delivery thereof by each to
be conclusive evidence of such approval by the Members of 15 Robinson Road
LLC;
VOTED: That said Manager of 15 Robinson Road LLC be and is hereby authorized and
empowered to, acting singly, take whatever action(including, without limitation,
the execution and delivery of agreements or instruments) which is, in the sole
discretion of such Manager so acting, necessary or convenient to carry out the
intents and purposes of the preceding Votes, the taking of any such action to be
conclusive evidence of such approval and the authority of said Manager so to act.
VOTED: That said Manager authorized by the foregoing Votes, acting singly, may by
written instrument delegate to any Member or person the same authority which is
vested singly and individually by said Votes in each Manager so delegating
authority, which written delegation shall be in such form as may be requested by
the Commonwealth of Massachusetts, its officers, directors, commissioners,
employees, and representatives along with any Licensed Site Professional acting
in accordance with applicable law regarding encumbrance upon the Property of
the AUL.
3
VOTED: That all prior actions of said Manager and also Michael Weiss, individually,
acting by and through his respective agents, representatives and assigns,
including, without limitation, all related actions ancillary thereto to facilitate the
encumbrance upon the Property of the AUL.
4
MA SOC Filing Number: 201686926350 Date:6/2212016 4:31:00 PM
The Commonwealth of Massachusetts mwmm Fm$500.00
'Ile
William Francis Galvin
Secretary of the Commonwealth,Corporations Division
One Ashburton Place, 17th floor
Boston,MA 02108-1512
Telephone: (617)727-9640
C orti f c a le 0 f 0 i. r g an i'z a b-n-
Identification Number- 00 1228856
1.The exact name of the limited liability company Is: 15 ROBINSON ROAD LLC
2a.Location of its principal office:
1 No.and Street: 27 FARM AVENUE
City or Town: PEABODY State. MA Zip: 01960 Country: USA
2b.Street address of the office In the Commonwealth at which the records will be maintained.,
t.
No.and Street: 27 FARM AVENUE
City or Town: PEABODY State: MA Zip: 01960 Country: USA
3.The general character of business,and If the limited liability company Is organized to render professlon;11,
I service,the service to be rendered:
IS TO ACQUIRE,MANAGE,DEVELOP,OWN,HOLD,RENT,
LEASE,ENCUMBER IMPROVE,EX
CHANGE,BUY AND SELL REAL PROPERTY,COLLECT RENTS AND ENGAGE IN THE GENERAL
REAL ESTATE BUSINESS AND ENGAGE IN OR CARRY ON ANY OTHER BUSINESS OR ACTIVI
TY WHICH MAY BE ENGAGED IN OR CARRIED ON BY A LIMITED LIABILITY COMPANY WHI
CH IS ORGANIZED UNDER THE ACT.
4.The latest date of dissolution,If specified:
S.Name and address of the Resident Agent:
Name: MICHAEL WEISS
No.and Street: 27 FARM AVENUE
City or Town: PEABODY State: MA Zip: 01960 Country: USA
1, MIC14AEL WEISS resident agent of the above limited liability company,consent to my appointment as the
resident agent of the above limited liability company pursuant to G.L.Chapter 1 56C Section 12.
G.The name and business address of each manager,If any:
Title Individual Name Address(no PO Box)
First,Middle,Last,Suffix Address.City or Town.State,Zip Code
MANAGER MICHAEL WEISS 27 FARM AVENUE
PEABODY.MA 01960 USA
7.The name and business address of the persion(s)In addition to the manager(.,),authorized to execute
documents to be filed vilth the Corporations Division,and at least one person shall be named if there are no
managers.
Title Individual Name Address(no Po Box)
�R. First,Middle,Last,Suffix Address,City or Town,State,Zip Code
�I
p` 8.The name and business address of the person(s)authorized to execute,acknowledge,deliver and record
any recordable Instrument purporting to affect an interest in real property:
Title Individual Name
Address(no PO Box)
�!' First,Middle,Last,Suffix Address,City or Town,State,Zip Code
`• REAL PROPERTY MICHAEL WEISS
I` 27 FARM AVENUE
__.... _- .... PEABODY,MA 01960 USA
�C
.A
i\ -
14 9.Additional matters:
SIGNED UNDER THE PENALTIES OF PERJURY,this 22 Day of June,2016,
MICHAEL WEISS
(The certificate must be signed by the person forming the LLC.)
E
02001-2016 Commonwealth of Massachusetts
AN Rights Reserved
AAA SOC Filing Number: 201686926350 Date: 6/22/2016 4:31:00 PM
THE COMMONWEALTH OF MASSACHUSETTS
1 hereby certify that,upon examination of this document,duly submitted to me,it appears
that the provisions of the General Laws relative to corporations have been complied with,
and I hereby approve said articles;and the filing fee having been paid,said articles are
deemed to have been filed with me on:
June 22,2016 04:31 PM
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth