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12 WOODBURY COURT - BUILDING INSPECTION (2) rperTab® ftftum 90%Larger Label Area • •�� /// S M EAC KEEPING YOU ORGANIZED rim lam ►y�shMb No&Yo UM GET ORGANIZED AT SMEAD.COM 41KRIM aE000mm �mteoer CUSHING9 eJAMMALLO & WHEELERV INC, File: 5566 July 19, 2013 Mayor Kimberley Driscoll Salem City Hall 93 Washington Street Salem, MA 01970 1 RE: Notice of Activity and Use Limitation 12 Woodbury Court Salem, Massachusetts MA DEP RTN 3-21495 Dear Mayor Driscoll: ' Enclosed, please find a copy of the Notice of Activity and Use Limitation (NAUL) Form 1075 and supporting documentation prepared for the above-referenced site. '/'his document fulfills the requirements set forth in 310 CMR 40.1403(7)(a) of' the Massachusetts Contingency Plan (MCP). As indicated in the attachments, the area subject to the Activity and Use Limitation (AUL) consists of the entire property known and numbered as 12 Woodbury Court. Salem, Essex County, Massachusetts. A certified copy of the recorded AUL, original Bureau of Waste Site Cleanup (BWSC) forms 113 and 113A and associated documentation have been submitted to the Central Regional Office of the Massachusetts Department of Environmental Protection (MA DEP) electronically, via eDEP. This correspondence serves as notice that an AUL was recorded at the Souther Fssex District Registry of Deeds on July 8, 2013, as Book No. 32632, Page No. 309, for the current owner (Leach Street, LLC). Pursuant to 310 CMR 40.1085(4)(e), a legal notice of this AUL will be advertised in the Salem News during the week of July 15, 2013. The Licensed Site Professional (LSP) associated with this project is Richard J. Cushing, License Number 3063. As the potentially responsible party and property owner, Leach Street, LLC and its representatives must ensure that the requirements set forth in this NAUL, are maintained. Should you have any questions regarding this submittal, please feel free to contact the undersigned at (978) 368-6320. 464 Nigh Street 85 Constitution In,Ste 3134 Clinton,MA 01510 Danvers,MA 01923 Tel 978.368.6320 Tel. 978 774.7224 Fax 978.368.6121 Fax 978.774.7292 i ' Notice of AUL, 12 Woodbury Court, Salem, MA July 19,2013 Page 2 1 Very Truly Yours, 1 CUSHING,JAMMALLO, & WHEELER, INC. 1 (Senior Gnw Gregory Morand Pr ect Manager 1 Attachments cc: 1 Massachusetts Department of Environmental Protection, Northeast Regional Office, Bureau of Waste Site Cleanup (via eDEP) 1 City of Salem Board of Health, 120 Washington St., 4th Floor, Salem, MA 01970 City of Salem Inspectional Services, 120 Washington St., 3rd Floor, Salem, MA 01970 ' City of Salem, Clerks Office, 93 Washington St„ Salem, MA 01970 Leach Street, LLC, 13 Lynch Street, Peabody, MA 01960 1 1 1 Copy of Notice of Activity and Use Limitation and Associated Attachments 1 t , 5, I►iva►iI►mn►Iim►u►iiiuiai1►gym 2013010800247 W32632 P9.309 07/0012013 12:01 NOTC PKL P11 1125 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 211, § 6 and 310 CMR 40.0000 Disposal Site Name: 12 Woodbury Court,Salem,MA ' MA DEP Release Tracking No.: 3-21495 This Notice of Activity and Use Limitation ("Notice") is made as of this 1st day of July, 2013, by Leach Street, LLC, 13 Lynch Street, Peabody, MA 01960, together with his/her/its/their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Leach Street, LLC is the owner in fee simple of those certain parcel of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Southern Essex District, Registry of Deeds in Book 31598,Page 385; ' WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Schedule 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 Southern Essex County Registry of Deeds herewith; WHEREAS, the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the 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 ' 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 Property]. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated July 1, 2013, (which is attached hereto as Exhibit C and ' made a part hereof); 1 NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL ' Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time ' (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: (i) Residential activities and uses including but not limited to landscaping and routine maintenance of landscape areas, vehicular and pedestrian traffic, vehicular parking, and other non-intrusive activities which do not ' cause and/or result in direct contact with, disturbance of, and/or relocation of, Site soils located at a depth greater than 3 feet below grade within the property boundaries; (ii) Excavation associated with emergency or short term (six months or less) underground utility and/or construction work which is likely to I disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries provided that it is conducted in accordance with a Soil Management Plan prepared in accordance with the Obligations (i) and(ii) of this Notice prior to the commencement of such activity; (iii) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and, ' (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL;and I2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and I Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard,are as follows: ' (i) Intrusive use at the Property which could result in exposures to site soils located at a depth greater than 3 feet below grade within the property boundaries; (ii) Any short-term(six months or less)activity including but not limited ' to, excavation which is likely to disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries without prior development and implementation of a Soil Management Plan in accordance with the Obligations(i)and(ii)of this Notice; (iii) Any long term (greater than six months) activity which is likely to disturb Site soils located at a depth greater than 3 feet below grade currently located within the property boundaries unless such activity is ' first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; and (iv) Relocation of Site soils currently located at a depth greater than 3 feet below grade within the property boundaries, unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be prepared by an LSP and implemented prior to commencement of any activity that is likely to disturb Site soils located at a depth greater than 3 feet below grade located within the property boundaries. The Soil Management Plan must be prepared in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto as Exhibit C; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity that is likely to disturb Site soils located at a depth greater than 3 feet below grade located within the property boundaries. The Health and Safety Plan must be prepared in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto as Exhibit C; and, (iii) The Site soils currently located at a depth greater than 3 feet below grade within the property boundaries may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; and 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seg., as to whether the proposed changes will present a 1 significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. ' S. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to ' cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the 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. NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time ' (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: ' (i) Residential activities and uses including but not limited to landscaping and routine maintenance of landscape areas, vehicular and pedestrian traffic, vehicular parking, and other non-intrusive activities which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, Site soils located at a depth greater than 3 feet below grade within the property boundaries; ' (ii) Excavation associated with emergency or short term (six months or less) underground utility and/or construction work which is likely to ' disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries provided that it is conducted in accordance with a Soil Management Plan prepared in accordance with the Obligations (i) ' and(ii)of this Notice prior to the commencement of such activity; (iii) Such other activities or uses which, in the Opinion of an LSP, shall 1 present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL; and (v) Uses of the property and activities consistent herewith which do not involve the disturbance of soil located beneath the pavement of the ' property subject to the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment ' or in a substantial hazard, are as follows: (i) Intrusive use at the Property which could result in exposures to site I soils located at a depth greater than 3 feet below grade within the property boundaries; 1 I I I (ii) Any short-term(six months or less) activity including but not limited to, excavation which is likely to disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries without I prior development and implementation of a Soil Management Plan in accordance with the Obligations(i)and (ii)of this Notice; I (iii) Any long term (greater than six months) activity which is likely to disturb Site soils located at a depth greater than 3 feet below grade currently located within the property boundaries unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; and, I (iv) Relocation of Site soils currently located at a depth greater than 3 feet below grade within the property boundaries, unless such activity is I first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; I3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: (i) A Soil Management Plan must be prepared by an LSP and implemented prior to commencement of any activity that is likely to disturb Site soils located at a depth greater than 3 feet below grade located within the property boundaries. The Soil Management Plan must be prepared in accordance with the guidelines discussed in the Activity Iand Use Limitation Opinion attached hereto as Exhibit C; (ii) A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity that is likely to disturb Site soils located at a depth greater than 3 feet below grade located within the property boundaries. The Health and Safety Plan must be prepared in accordance with the guidelines discussed in the Activity and Use Limitation Opinion attached hereto as Exhibit C;and, (iii) The Site soils currently located at a depth greater than 3 feet below grade within the property boundaries may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; and I 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of 1 this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office(s). ,r WITNESS the execution hereof under seal this--2—day of2013. Leach Street,LLC By: ( ' 9 Title jCOMMONWEALTH OF MASSACHUSETTS SCyc , ss U�_, 2013 On this�l day of 2013, before pe, the undersigned I notary public, personally app6ared provided to in Trough satisf tory evidence of identification, which were Q,tS ¢(r✓fD 9 ��nsC� to be the person(s) whose name is signed on the preceding attached document, and acknowledged to me that (she) signed it voluntarily for its stated purpose. (As President of Leach Street,LLC) *apllnle� (Official signature and seal of notary) miL i i The undersigned LSP hereby certifies that he executed the aforesaid Activity i and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. i Date: i Richard J. Cus in iLicensed Site fessio #3063 �P 01 MAS niC14AFIDJ. o cu% 114 m No.�Q63 9 4� 'nENs Sir PPO i i 1 i i i 1 1 i COMMONWEALTH OF MASSACHUSETTS �t ssi 2013 On this�day of 2013, before me, tundersigned I notary public, personally peared Richard J. Cushing, provided to me through satisfacto evi ence of identification, which were, /,q w.rOs �L�,�� to be the person whose name is signed on the preceding attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (As L.S.P. for,Leach Street,LLC) r n 40�, rfficial signature and seal of notary) I N. 'Upon recording, return to: Leach Street,LLC 13 Lynch Street Peabody,MA 01960 f 1 a h .. w SCREDM OW AcerWaparodofleadwithtlebuddogthereoa in said Salem,now mrmbared 12 Woodlnay Court,bounded and deswIed as follows: EASTERLY on said Woodbury Court forty(40)feet,more or less, soumttLY on land fmmedy of Woodbury,now or famtedy of the OLy of Salem 8orty(40)feet„more or less, WESTERLY onlandfomtedyofPhrnuw�now orform dyofMc1ftah, . .being the secandpatcet bw�m described,forty(40)feer,mote or lest NORTEMY by land formedy of Woodbury,now or Sormmiy of9mg,forty(40) feet,more or less Also a pared of land in the rear of the above described parcel,bounded and desm'bed as follows: Begrmnng ft the Soudwasrerly conwthereof at the parcel above dessen-bed and at]end of the City of Salem,thence nut ing WESTERLY by toad ofthe City of Salem shy-eight(98)fid,more of lesato a comer,thence running NORTHERLY by said land of the City of Salemminety(90)feet,more or lessto laud now or fourtedy of Gonyea;thence amain$easbuiy EASTERLY by land of saidGoayea seveaty-two(72)feet,more or leas to land ' fomtedy ofDmgrey,now or famedyofEng,Shown asPared B on a plan 6aeioafter referred to;tfiance to�mg SOUTE03RLY by said Parcels thirty(30)fu tto a comet;thence trmmng EASTERLY by said Pera1B forty-four(44)feet to Parcel A on add Plan; thence rosin$ SOMBERLY by said Pared Apan(10)feet and bytheirst parcel above dMnbed Sony(40)ft more or less,to land of the City of Salem and point of be&&w, Together VMha tight ofway tea(10)feet beide,rumaiag Easoedy from Woodbury Court a distance of forty(40)feet along the Northcdy boundary lure of the Brat parcel above descri"bed as shown on the plan above mentioned for ail the usual purposes. i i Refeimce is made to apbn rewrdedwi&FwcxSout$DisbictRe&byof Deeds as Plea#112of 1947. iFor grog ces tido see deed dated 7uly 2. 1979 and recanded with said Deeds in Book 6608,Page 710. i yx 1 - i i iSahamhsllzwpodtrurysrb i i 1 i i i i i x .. w i i ! i ! ! ! i ! ! ' i i i ! i i i S 1 4BET�NING �� STONE 1 1 Property Boundary, ' I Limits of Disposal 1 Site and Area of Activity & Use CITY OF SALEM Limitation for GONYEA PARK 1 RTN 3-21495 MA DEP RTN 3-30119 1 � JEFFERSON ASSESSED 1 AT SALEM, LP LOT AREA MA DEP RTN 9571 SF. STONE 3-31129 I RETAINING WALL 1 � I t � i - 2 Story 1 Dwelling No. 12 0 1 2 STORY DWELLING No. 10 0 CONC. 1►Al.K GRAN= CURB ' -WOODBURY COURT- CUSHING, OURTCUSHING, Exhibit B for AUL ' JAM MALLO & 12 Woodbury Court WHEELER, INC. Salem MA 1I EXEMITB Scale: 1'=201 JM 2013 x .. y n EXHIBIT C ' ACTIVITY AND USE LIMITATION OPINION 12 WOODBURY COURT SALEM,MASSACHUSETTS ' RTN 3-21495 In accordance with the requirements of 310 CMR 40.1074, this Activity and Use ' Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation for the Property located at 12 Woodbury Court, Salem, MA (the site). The Property subject to the Notice of Activity and Use Limitation is shown in Exhibit B. At ' the time of the recording of this AUL, the subject parcel of land and surrounding vicinity are zoned for residential use. The site includes a two-story residential structure, a gravel parking area and landscaped areas within the property boundary. The 12 Woodbury ' Court property is serviced by municipal water, natural gas and sewer, and overhead electric, telephone and cable services. The 12 Woodbury Court property is bounded on three sides by residential properties. The remaining side is bounded by a park belonging to the City of Salem and a public right of way(Route 107). Site History ' Based on observations and available historical information, the northwestern most portion of the site property was formerly part of the Salem Gas Light Company, which operated on the property from approximately 1874 to 1890. The southeastern portion of the property bordering Woodbury Court was residential in nature dating back to the 1870's. The areas north, east and southwest on the subject property are fill areas ' containing coal, wood ash, and some building material debris. In addition, coal-tar related waste products have been identified in the northern and northwestern portion of the property. Available historical information suggests that the presence of the coal-tar I related waste products on the property was associated with the use of the waste products as fill during the reclamation of tidal land. ASSESSMENT AND REMEDIATION Based on the analytical data developed on the site following site RAM activities and the ' data developed through additional assessment activities, residuals associated with the Manufactured Gas Plant (MGP) waste exist in disposal site soils both above and below the groundwater interface, primarily in the central, western and northern portions of the ' site. This condition is interpreted as the presence of non-aqueous phase liquid (NAPL). The presence of MGP waste interspersed with site soil has been identified in thickness of more that 3-inches at multiple locations across the central, western and northern portions site at depths below three feet below grade. No evidence of NAPL has been identified in the vicinity of the on-site residence in the southeastern portion of the property. ' In June of 2011, an excavation program was conducted under the supervision of United States Environmental Protection Agency (USEPA). The program removed the top three feet of soil across the entire property for disposal at an offsite disposal facility. A plastic Page 1 of 5 demarcation barrier was placed at the limits of excavation and the property was backfilled with clean offsite fill. There are no current exposures to site contaminants at the site. At locations deeper than three feet below grade, select RCRA 8 metals (primarily arsenic and lead)were detected.in excess of the applicable MCP Method 1 Risk Characterization Standards. Polycyclic aromatic hydrocarbons associated with MGP waste have been ' identified in site soils in excess of the applicable MCP Method 1 Risk Characterization Standards. In addition, petroleum hydrocarbon compounds, identified as Extractable Petroleum Hydrocarbons, have been identified in site soils in excess of the applicable MCP Method 1 Risk Characterization Standards. At locations deeper than three feet below grade, select dissolved phase EPH constituents were detected in site groundwater in excess of the applicable MCP Method 1 Risk Characterization Standards. In addition,physiologically available cyanide was identified in excess of the applicable MCP Method 1 Risk Characterization Standards at one monitoring well location. The results of the soil gas assessment activities conducted at the site indicate indoor air at ' the 12 Woodbury Court residence supports a condition of No Significant Risk for unrestricted residential use. Reason for Activity and Use Limitation As part of the Phase II Comprehensive Site Assessment Report for the site, a Method 1 ' Risk Characterization of site conditions was prepared by Cushing, Jammallo & Wheeler, Inc. (CJW). The Method 1 Risk Characterization concluded that potential receptors under current and reasonably expected site activities and uses include current or future workers at the site,current or future residents and potential visitors/trespassers at the site, future construction or utility workers engaged in excavation or construction related work. In addition, the Method 1 Risk Characterization concluded that a condition of No Significant Risk could not be concluded for unrestricted future use because of potential ' exposures to arsenic, lead, and PAH compounds in site soils located at a depth greater than three feet below ground surface. The Method 1 Risk Characterization went on to indicate that the implementation of an Activity and Use Limitation would achieve and maintain a condition of No Significant Risk at the site by controlling potential exposures to site soil present at depths greater than three feet below grade. While use of the property for residential, educational, institutional or agricultural purposes is not specifically restricted, in order to maintain a condition of No Significant Risk, the Activity and Use Limitation would restrict those activities or uses of the ' property subject to the AUL that would result in the likely exposure to site soil located at a depth greater than three feet below ground surface. In addition, the Activity and Use Limitation would require that soil excavation at depths greater than three feet below the ground surface in the property subject to the Activity and Use Limitation be conducted ' Page 2 of 5 under a Soil Management Plan prepared by an LSP. Relocation of soil would be permitted within the property subject to the Activity and Use Limitation provided that the. activities conform to the conditons outlined in the LSP opinion including a Soil Management Plan and evaluation of the Plan by a LSP. ' The area subject to the AUL is depicted on the sketch plan identified as Exhibit B. ' Permitted Uses and Activities The general purpose of the AUL is to control specific exposures to soil impacted with arsenic, lead, and PAH compounds in site soils located at a depth greater than three feet below ground surface within the AUL Boundary. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare, or the environment ' (such condition being defined in 310 CMR 40.0000) exists for any foreseeable period of time so long as any of the following activities and uses occur on the Portion of the Property subject to the Activity and Use Limitation: ' (i) Residential activities and uses including but not limited to landscaping and routine maintenance of landscape areas,vehicular and pedestrian traffic,vehicular parking, and other non-intrusive activities which do not cause and/or result in direct contact with, disturbance of, and/or relocation of, Site soils located at a depth greater than 3 feet below grade within the property boundaries; (ii) Excavation associated with emergency or short term (six months or less) underground utility and/or construction work which is likely to disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries provided that it is conducted in accordance with a Soil Management Plan prepared ' in accordance with the Obligations (i) and (ii) of this Notice prior to the commencement of such activity; I (iii) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; (iv) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL; and ' (v) Uses of the property and activities consistent herewith which do not involve the disturbance of soil located at a depth greater than 3 feet below grade within the property subject to the AUL. Page 3 of 5 Restricted Uses and Activities ' Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation,and which,if implemented at the Property,may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: ' (i) Intrusive use at the Property which could result in exposures to site soils located at a depth greater than 3 feet below grade within the property boundaries; (ii) Any short-term (six months or less) activity including but not limited to, excavation which is likely to disturb Site soils located at a depth greater than 3 feet below grade within the property boundaries without prior development and implementation of a Soil Management Plan in accordance with the Obligations (i) and (ii)of this Notice; (iii) Any long term (greater than six months) activity which is likely to disturb Site soils located at a depth greater than 3 feet below grade currently located within the property boundaries unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk; and, (iv) Relocation of Site soils currently located at a depth greater than 3 feet below grade within the property boundaries, unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk. lObligations and Conditions I If applicable, obligations and/or conditions to be undertaken and/or maintained within the Portion of the Property subject to the Activity and Use Limitation in order to maintain a condition of No Significant Risk as set forth in this AUL Opinion shall include the Ifollowing: (i) A Soil Management Plan must be prepared under the supervision of an LSP and ' implemented prior to commencement of any activity that is likely to disturb site soils located within the property subject to the Activity and Use Limitation. The Soil Management Plan should describe appropriate soil excavation, handling, storage, transport, and disposal procedures necessary to ensure that the workers and receptors in the vicinity of excavation are not affected by potential exposures to site soils from within the Property subject to the Activity and Use Limitation at a depth of greater than 3 feet ' below grade. On-site workers must be informed of the requirements in the Soil Management Plan, and the plan must be available on site throughout the course of the project; Page 4 of 5 ' (ii) A Health and Safety Plan must be prepared prior to the commencement of any activity that is likely to disturb site soils within property subject to the Activity and Use Limitation, A Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements and implemented prior to the commencement of any activity which involves the removal and/or disturbance of soils from within the Property subject to the ' Activity and Use Limitation at a depth of greater than four feet below grade. The plan should clearly describe the location of the contaminated soil and specifically identify the types of personal protective equipment, monitoring devices, and engineering controls necessary to ensure that human receptors are not exposed to the impacted soil through dermal contact, ingestion, and/or inhalation of particulate dusts. On-site workers must be informed of the requirements of the Health and Safety Plan, and the plan must be ' available on site throughout the course of the project; and (iii) The Site soils excavated at the Property subject to the Activity and Use Limitation at ' depths greater than 3 feet below the ground surface may not be relocated, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which states that such activity is consistent with maintaining a condition of No Significant Risk. Form BWSC 113A, entitled Activity &Use Limitation (AUL) Opinion Form, is attached as Exhibit D. ' LSP: AAj Richard J. C IIdnsIr4 c,, Date: -17z RICHnRn J. Gri o CUSHING ,,, `'' NV,;10Ci3 Is `'cfyF�SI fF Phi Page 5 of 5 x ee y d 1 - 6> J'�ar�.9f use ���on, .tilcrsr�/zu�e�, 02>3�. Wll1lamFan tkGalvin eox S3 Secretary of the Commonwealth April 18,2013 TO WHOM IT MAY CONCERN: 1 I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by t ' e LEACH STREET,LLC 1 in accordance with the provisions of Massachusetts General Laws Chapter 156C on September 14,2004. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports;that said Limited Liability Company has not filed a certificate of cancellation or withdrawal;and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing arc: ROBERT 1 S.DINISCO ' A 1 further certify,the names of all persons authorized to execute documents filed with this 1 office and listed in the mostirecent filing are: ROBERT S.DINISCO The names of all persons authorized to act with respect to real property listed in the most recent filing arc: ROBERT S.DINISCO 1 1 In testimony of which, I have hereunto affixed the ' Great Seat of the Commonwealth on the date first above written. ^ t Secretary of the Commonwealth Processed By:jbm i t ' 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) - 21495 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name NOLOCATION�AIDh 2. Street Address: 1112vvo6cauRy CTS 3. City/Town.I SALEM �,u � ;. ,„ 4. ZIP Code:10197039661 ` Q 5. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site. a. Tier 1A b. Tier 1 B ❑ c. Tier 1C ✓❑ d. Tier 2 6.If a Tier I Permit has been issued,provide Permit Number: ' B. THIS FORM IS BEING USED TO: (check one) 1. Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074. ' 2. Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement has been filed pursuant to 310 CMR 40.1080. 3. Submit a certified copy of an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081 Fi 4. Submit a certified copy of a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3). I ® 5. Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(1)(d). 6. Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071. ' 7. Submit a certified copy of an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3). S. Submit a certified copy of a Partial Release of a 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: ❑ a. Check here if this AUL Submittal covers additional Release Tracking Numbers (RTNs). b. Provide the additional Release Tracking Number(s) ❑ _ ❑ _ covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above. BWSC113A is required for all submittals listed above) Revised: 06127/2003 Page 1 of 4 1 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number IPursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) El - 21495 C. AUL INFORMATION: 1. Document(per Section B)Recording and/or Registration Information: a. Name of Registry of Deeds and/or Land Registration Office: SOUTHERN ESSEX DISTRICT REGISTRY OF DEEDS ' b. Book and Page Number and/or Document Number: BOOK 32632 PAGE 309 c. Date of recording and/or registration: 7/812013 mm/dd/yyyy 2. Is the address of the property subject to AUL different from the disposal site address listed above? Fla. No ❑ b. Yes If yes,then fill out address section below. 3. Street Address: ' 4. City/Town: 5. ZIP Code: D. PERSON SUBMITTING AUL TRANSMITTAL FORM: c. change in the person 1. Check all that apply: ❑ a. change in contact name ❑ b.change of address ❑✓ undertaking response actions 2. Name of Organization: LEACH STREET LLC 3. Contact First Name: ROBERT 4. Last Name: DENISCO 5. Street: 13 LYNCH STREET 6.Title: PRESIDENT 7. City/Town: PEABODY 8. State: MA 9. ZIP Code: 019600000 10. Telephone: 6179028532 11.Ext.: �� 12. FAX: - - 13. Is the person described in this section the owner of the property? I d❑ 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) ❑✓ 1. RP or PRP ✓❑ a. Owner ❑ b. Operator F1c. 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.21E,s.50)) ❑ 4. Any Other Person Submitting AUL Specify: Revised: 06/27/2003 Page 2 of 4 LIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113 I ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 21495 F.REQUIRED ATTACHMENT AND SUBMITTALS: 1. Check hereto 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)(e),via certified mail. I ® a. Check here if there were no record interest holders. b. Date of certified mailing: 7/212013 mm/ddlyyyy Qc. Check hereto certify that names and addresses of all record holders notified is attached. I2. 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 subject to such Activity and Use Limitation is located. 3. Check here to certify that within 30 days of recording and/or registering the AUL, including amending, releasing or Q✓ 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/Activities and/or Site Conditions after a Response Action Outcome statement is being submitted,check hereto 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.I, ,attest under the pains and penalties of perjury that I am th e owner of said property(ies), subject to the AUL 2 3. Date: Signature mm/ddlyyyy 4. Name of Organization: 5. Contact First Name: 6. Last Name: 7. Street: 6.Title: 9. City/Town: 10. State: 11. ZIP Code: 12, Telephone: 13.Ext.: 14. FAX: Revised:06127/2003 Page 3 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) - 21495 ,. H. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1, I, Robert Denisco ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal 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) that 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 am/is 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), or 2. Name of Property Owner am/is 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 was recorded and/or registered Robert Denisco PRESIDENT 3. By: ` • � ' 4. Title: Signature 5. For: LEACH STREET LLC 6. Date: 7/19/2013 (Name of person or entity recorded in Section D) mm/dd/yyyy 7. Check here if the address of the person providing certification is different from address recorded in Section D. 8. Street: I' 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:) I Received by DEP on 7/19/2013 10:52:45 AM Revised:06/27/2003 Page 4 of 4 eDEP - MassDEP's OnlineFiling System Page I of 1 MassDEP Home I Contact I Privacy Policy MassDEP's Online Filing System Username'.RICHCUSIiI NG Nickname.RICH100 My eDEP. Formsv. My Profilev Help Receipt Forms Attach Files Signature Receipt Summary/Receipt t_print receipt j Exit i Your submission is complete. Thank you for using DEP's online reporting system. You can select"My eDEP" to see a list of your transactions. DEP Transaction ID: 576107 Date and Time Submitted: 7/19/2013 10:52:45 AM Other Email : Form Name: BWSC113 Activity & Use Limitation (AUL) Form RTN: 3-21495 Location: NO LOCATION AID Address: 12 WOODBURY CT, SALEM, 019703966 Person Making Submittal LEACH STREET LLC I ROBERT DENISCO 13 LYNCH STREET PEABODY, MA 019600000 LSP LSP#: 3063 LSP Name: RICHARD J CUSHING Person Making Certification LEACH STREET LLC Robert Denisco Additional Forms Submitted Ancillary Document Uploaded/Mailed I BWSC-113 SEC B CA - Notice of AUL- Uploaded (NAUL Document for RTN 3-21495 -7.19.2013.pdq BWSC-113 SEC F 1.0 - List of All Record Holders Notified - Uploaded (Notice of AUL to NSB.pdf) My eDEP MassDEP Home Contact ; Privacy Policy MassDEP's Online Filing System ver.11.16.2.00 2013 MassOEP Ihttps://edep.dep.mass.gov/Pages/PrintReceipt.aspx 7/19/2013 1 Massachusetts 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) - 1495 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: 0 LOCATIO AID j2. Street Address: 2 OODBURY'CT 3. Cityfrown: M 4. ZIP Cade: F19703966 B. THISFORIMISBEING U5EDTO: (checkone) ❑✓ 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 andfor 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), Ei 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1003(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 for a 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,pursuant to 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 andfor 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? Fla. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town, 4. ZIP Code: Revised:0612712003 Page 1 of 2 Massachusetts 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) - 21495 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.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes in Land UsesfActivides and/or Site Conditions after a Response Action L 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 CM R 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment 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.2 1 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section 8 indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation,or a Release or Partial Release of 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 0.0000 and 04 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 i 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); I 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 or materially incomplete. 1. LSP#: 63 2. First Name: CAD 3. Last Name: ICUSHING 1t.: ® 6. FAX: 4. Telephone: 5. Ex 7.84580063 7. Signature: 8, Date: . mid 9. LSP Stamp: RICIiA11 J. Np.:11163 E� �fN fOG!S kQ' Revised:0612712003 Page 2 of 2 Jfr <� Y A, P,•� k1lLaM�G 5844' aw„r,.w Lays u.v C 0 a O ELEVATION IATT MFA A°.SSSLRS YM]0 PMW.1 x0 SCPI£ 09T1 S. CITY SEE RECfPD BWI(]IS90 PAQ JBS a SILEM MB➢PIB GBNSIRUCMN IS YKKO MILE _ •x CWOIEIE FdML1AMM. M MEA TMwUITM .. ubi Ix ;000Lm0#OOD Vwi 19 °uA1 SF. i=" ^ ]0 NDCJBUFY A —_ yy,Q_ Cpv00MINlUM roix u . n . u • i., FFFENS[W ,.r iS AT d S LEM, im 9 m LP .fu1 W`7T'4 \T \ vl1T 19 na arz PVN v Aum Yl5 PRLPIAFn ,o ) iw-'. _ a.I" \ l COUTITa uxl�T ICA nRr wa..r o<r]aualc.Aw Lr.9Pnri Muz 12 xo cowcs xEa sT a ws oR+c M CA.WAT�uSA FG»ff � " • Y11r 1 nc .a1 ESMBI9GWT(Y FFN6.MdCL LN SLIIPNp Lw[S _ 1, L SITE _PLAN wmw,rs CONDOMINIUM [ev¢RNv FfrS PUN carFMwS 1ST ROM 2ND ROM ]FA ROBE SITE Ond FLOOR PLAN OF LAND xEum of Mnsnovsrm ocn rto w FLOOR PLANS 1,_�, SALEM, MASS. PREPARED By EASTERN LAND SURVEY ASSOCIATES, INC. F(N REtlSIRr V.LWLr CHRISTOPHER R. MELLO, PLS 1 iwmxs>a r nr o IFaer axm nui Ilss r wy 104 LOWELL ST. PEABODY. MA. 01960(w3 NLr Am AmnAmr oFnlcrs rte As twLS LY 51RFF/s MJ YA Ys v101w AeE mOSE MT UYNT,U=G .UMT NI (9T9)5]I-8121 n Punic a Prowrt smars oa Ynrs MRe or oeBI1BY4 Aw..AM Ixus SCALE AS NOTED MAY S. 2013 Bw.1_SY. ' o°ilrex'`�'vlwN'aPueNcw w.rirs Y.wr vroom. a r1¢uwrz um awEx u ' ODBURY COU CRT CONNDOMINIUM by 0 B II AeMsxwrtR R..0 Rs awnLReB B.YEUB PI.] CITY OF SALEMBIROMPAIM MONTH DA TFAR4- TIME CONTROL NO 1� � 1.G1IZ-cb C7�'t2-°I LOCATION NAME OF OFFENpER AOpRES ����� � STATE ZIP���O I hereby acknowledge receipt of the foregoingibitation - X Date: [ ]Unable to obtain signature choffender )(Date.Mailec , �`4 f [ I Posting Advertisements,Notices on City Property + SCO 4-2 [ ]Illegal Signs [ I Violation of State Building.Code SCO 4-39 and 4-47 SCO 12-1 [ ]Removal of Unsightly Conditions [ I Violation of BOCA Nat.Fire Prev.Code .Q � SCO 12-56 SCO 20-111 /*1,, IdKeepiin of Trailers,Comm.and Rec.Vehicles,etc. YSCO 24-21.1 - N [ ]Removal of Snow/Ice from Sidewalks SCO 38-13 and 38-14 [ ]Zoning Ordinance SZO§ [ ]Other Ci Of Signature of Enforcing Person siT) ul Department Amount of Fine: [ ]Warning [ ]$25.00 [ 1$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 Af OthI;Pj •^ You have the following alternatives in this matter within 21 days of the date of this notice: I j choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970. If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ I choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS , ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL CITY OF SALEM ' ' 1'1 1' 1 MOTHIN^_, o�OL NO LOCATIIN, i fN JJE� v fZ1 c� NAME OF OFFENDER 1 hereby acknowledge receipt of the foregoing citation - X Date: [ ]Unable to obtain signature of offenderf91�Date Mailed [ J Posting Advertisements,Notices on City Property Oji •v� / SCO 4-2 111 [ ]Illegal Signs [.]Violation of State Building Code SCO 4-39 and 4-47 SCO 12-1 _[ I Removal of Unsightly Conditions [ ]Violation of BOCA Nat.Fire Prev.Code C) SCO 12-56 BCD 20-111 c(y�PKeeping of Trailers,Comm.and Rec.Vehicles,etc. SCO 24-21.1 ,a+ [ I Removal of Snow/Ice from Sidewalks 00 SCO 38-13 and 38-14 [ I Zoning Ordinance SZO§ [ ].other Citation: •e �.wG/ S Signature of Enforcing Person -9 Department V Amount of Fine: [ ]Warning [ ]$25.00 ]$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 [ 'Other You have the following alternatives in this matter within 21 days of the date of this notice: [ I choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970. If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL.- September 3, 2013 File: 5566 Mayor's Office Salem City Hall 93 Washington Street Salem, MA 01970 RE: Submittal_of--Class-C=1-RA0,Statement '12 W6'odb y_C=ourt, Salem, Massachusetts 01970 RTN 3-22195 To Whom It May Concern: In accordance with the requirements of 310 CMR 40.1403(3.e), Cushing, Jammallo & Wheeler, Inc., on behalf of Leach Street, LLC, is notifying your office that a Class C-1 Response Action Outcome (RAO) Statement has been submitted to the Massachusetts Department of Environmental Protection(MA DEP) for the above-referenced location. The property has been listed by the MA DEP as Release Tracking Number(RTN) 3-21495. A copy of the Class C-1 RAO may be viewed at the MA DEP Northeast Regional Office located at 205B Lowell Street, Wilmington, Massachusetts. Should you have any questions regarding this notification, please feel free to contact me at (978) 368-6320. Very truly yours, CUSHING, JAMMALLO & WHEELER, INC. 61a GregoR. Morand ProJec anager cc: Salem Board of Health, 120 Washington Street (4 1h Floor), Salem, MA 01970 Salem Building Department, City Hall, 120 Washington Street (3rd Floor), Salem, MA 01970, Arty Mike Lutrzykowski, Assistant Building Inspector 464 High Street 85 Constitution Ln,Ste 3114 Clinton,MA 01510 Danvers,MA 01923 Tel.978.368.6320 Tel. 978 774.7224 Far 978.368.6121 Far 978.774.7292 s v CLASS C-1 RESPONSE ACTION OUTCOME STATEMENT Leach Street LLC 12 Woodbury Court Salem, Massachusetts MA DEP Release Tracking Number 3-21495 For Submittal To: Massachusetts Department of Environmental Protection Northeast Regional Office Bureau of Waste Site Cleanup 205B Lowell Street Wilmington, Massachusetts 01887 Prepared For and Submitted By: Leach Street, LLC 13 Lynch Street Peabody, Massachusetts 01960 Prepared By: CUSHING, JAMMALLO & WHEELER, INC. 464 Hdgh Street 85 Constitution Lane, Suite 3B4 Clinton, Massachusetts 01510 Danvers,Massachusetts 01923 CJW Project No. 5566 September 3, 2013 Ledgend e eaaery MaP/eartoe Ir u De-fM Dy LOM Avaoo. loe. B Momfor IQ y,y Lnatalled Dy CPII 4f� 9-a Sd y msf .Feafen O SOB Borly m,frj C!I-1 Ms&Red by CJII pmpe f➢L e �ASSP�fl�p A$�J ® APProzimefe Lm/fa of RAu s,eoauon c mvea�ee sw �, � � s.mvLe dre ° °�� E�S°gEE Blac SOB S ple Loe,Bao 14 I Soli Ga Potnf mae.ned Dy ccnr (j, WALL C-Oo-q STONE RATA/� 110 SB-39 MW-C yP 013, TOS ASSESSED �1 MW®3 LOT AREA MY E SB-01 SB-05 9571 SF. ® B SB-3R / LB-I/MW APPRO%BIATB LMTB OF BspoSAL=wLINDAR CfTY OF SALEM MR RTN 9-zuas CONYEA PARK MA DEP RTN ® 3-30119 SB-37 LAMW-B LAWN MW-D JEFFERSON AT SALEM, LP MA DEP RTN 3-31129 I ® SB-O6-02 STONE RETAINING WALL F APPRIMATE LIMITS F RAM -� 10 WOODBURY EXCAF. TION CS-2�f CONDOMINIUM AREA CVY-2B SB- S-1 CS-1 AREA AREAS NOT C✓WSC-1 G EXCAVATED z_seo y [oF VIELOW SUAL N. 12 U 2 STORY BA RIER -�/MW C DNo OG MY-t o CS-3 � AREA ® 04 ORAA'!%R CURB m. *--WOODBURY COURT- I rv.rmye�.n. B?U.YINOUS PAVE'ME'NT BRIVR SCALE 1"=20' FS 0 10 20 40 60 BO BASE PUN FROM"Br.. C U 5 H I N G, Site Plan BASPRRN IAMB smR ASsocmmS R c. CBRISTOPBER R. MRLLO, PIS J A M M A L L O & 12 Woodbury Court 104 LO� PRABODY, MA. 980 WHEELER, INC. Salem,Massachusetts AOcusr Id, zolz Figure No.4 AUGUST 2013 a CITY OF SALEM MASSACHUSEM BUILDING DEPARTMENT 120 WASHINGTONSTREET,31DFLOOR 'ISL. (978) 745-9595 KIMMERLEY DRISCOLL FAX(978) 740-9846 MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER October 23, 2014 Robert DeNisco 6 Andrew Brother Way Peabody,Massachusetts 01960 Ordinance Violation 12 Woodbury Court This Department has received complaints regarding the storage of vehicle at your property 12 Woodbury Court. The vehicle appears unregistered and uninspected; this is a violation of City Ordinance 24-21 which prohibits the keeping of unregistered and uninspected vehicles, boats and trailers. You are directed to contact this office upon receipt of this letter. Failure to respond will result in Municipal Code Tickets and further enforcement actions Sincerely, Michael Lutrzykowski Assistant Building Inspector �` -- S N�`o dh f? , � dor LOCUS DeP°+}�p.Q 4'I PRS WOOD a i W� oGG% p 3RD FLOOR 30.0 2ND FLOOR 21 .0 OF s � \xs> ��EP c1 Szo LOCUS MAP 1ST FLOOR 12.0 00000 cl�Q, Z \ ASSESSED ELEVATION LOT AREA ASSESSORS MAP 30 PARCEL '1 NO SCALE 9571±- SF. n SEE RECORD BOOK 31598 PAGE 385 Cl TY OF SALEM BUILDING CONSTRUCTION IS WOOD FRAME L A w N ON CONCRETE FOUNDATION. OM cn - w — Q u 30' AREA TABULATION -� Nm co .STONE UNIT 12 1080± SF. _ UNIT 14 1080± SF. RETAINING WALL Q Z Q' _ 3 10 WOODBURY TOTAL 2160± SF. �m Y 4 CONDOMINIUM o JEFFERSON I --T -- A T --- - ------ — — — � I 4' 13' -4" Il ' 4' 14'-3• w No. 14 T- -1 SALEM, UNIT 14 � 10 KITCHEN LROOMVING II o BEDROOM �'I BEDRO o LP a/C❑ 12 1/2 STORY X DWELLING I' a \ I - - BEDROOM A/C E] o I' ^, UNIT 14 -x o UNIT 14 Y No. 12 x' DWELLING �, UNIT 14 UNIT I4 W IIFL ,o x 0 �, Nom. 10 1 n \ N ! ¢ I I WOOD " s 1, / v 1 I BATH , y O I �. �.. WID \ LAV. \ UP f I DN. up / H 40 FENCE �� cn DN. THE S/TE PLAN OF LAND WAS PREPARED —� 7 6 n— — 7 8 GRANITE CURB \ 7'_6. v 7' 8' I n FAH T� DTT v COURT IN CONNECTION WITH CONDOMINIUM w/D / LAV. n Dp mil I BATH I DN � � \ I DN " p TOQ�l7lJ � J I� OlJltil DOCUMENTS AND TO SHOW THE LOCA710M1 N a� 00"AH BITUMINous PAVEMENT To lJorthey_S�t. _a OF EXCLUSIVE AND COMMON AREAS. / UNIT 12 (n UNIT BOUNDARY HYDRANT NO CORNERS WERE SET AT THIS DATE UNIT I2 \/ (TYPICAL) BENCHMARK IT CANNOT BE USED FOR THE I3._4• ESTABLISHMENT OF FENCE, HEDGE, OR \ UNIT 12 SEWER MANHOLE R 1 M BUILDING LINES. N LIVING BEDROOM ELEV. 8.91 `> i� KITCHEN N O i - ROOM � BEDROOM � o _ BEDROOM N SITE P LAN 14'-2' I III THIS PLAN IS BASED ON THE REFERENCED PLANS DEEDS —' — — " — ' AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. 1 — 2O NO CER7IFICA770AI IS INTENDED AS TO PROPERTY T7TLE OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS. I I HEREBY CERTIFY THIS PLAN CCNFOR,ti1S IST FLOOR 2ND FLOOR 3RD FLOOR CONDOMINIUM TO THE RULES AND R�GULATIOS �F TH-: SIT and- FLOOR REGISTERS OF DEEDS OF THE 'C0Aj'A,'ON– Il—ALTH OF ,tIASSAOHUSETTS. PLAN 0� LAND -�� /' / FLOOR PLANS LOCATED In If . " 81 SALEM M ASS . PREPARED B Y FOR R<clsrRY USE ONLY EA TERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELLO, PLS I CERTIFY THAT THE PROPERTY LINES SHOWN ARE I HEREBY CERTIFY THAT THIS PLAN 104 L_OWELL ST. PEABODY, MA. 01960 THE LINES DIVIDING EXISTING OKWERSH/P, AND THE FULLY AND ACCURATELY DEPICTS THE AS LINES OF STREETS AND WAYS SHOVdN ARE THOSE BUILT LAYOUT, LOCATION, UNIT NUMBERS, (978) 531 -8121 OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY __ ESTABLISHED AND NO NEW LINES FOR DIVISION OF DIMENSIONS, AND APPROXIMATE AREAS SCALE AS NCi I EO MAY g, 2013 EXIS71NG OWNERSHIP OR FOR NEW WAYS ARE SHOWN. OF THE UNITS AND COMMON AREAS. " 12 WOODBURY COL" ) T CONDOMINIUM --- _ n.:322 0 10 20 4© 60 80 „ CHRISTOPHER R. MELLO PLS CHRISTOPHER R. MELLO P.L.S. F 1648 I 1„ 20` �n�3�0�i] bn�1�l ��pDO� ��nOQ��40�3fl Baao Professional Land Surveyors & Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 „) OSBORN PALMER 1911 - 1970 BRADFORD 8 WEED 1885 - 1972 PLOT PLAN OF LAND LOCATED IN 5AZ I'1 MASS. AMA yr 1� to ,9 p �cuf11G-!l;' UJM?oi`Eli�h, e VvbOD�IU�`� CGfi�2i I hereby certify to 7%lL !3U(L U/1G /GS%C7GlZ that the / buildings are located on the -�S(7ATFc �qG,. ground as shown. _ W&A DATE: &Z- �tN of rnaSSA REFII2INCE: SKZla PG Chri opher R. o PLS e3131 MELLO yr% ,Q No.31317 � z 104 LOWELL STREET F �� PEABODY,MASS.01960 y (508)631-8121 FAX:(508)531-5920 G�r . 19%,a WP`L rfy.,: �gl SjOta REI P�N�NO '' 0 \2 20 tio.e ii ASSESSED LOT AREA LAWN \ 95711 SF. \ . ` \�2 s, L A W N 0 PROPOSED CATCHBASI"r U STONE 'ky j O RETAINING WALLT i 10 FFERSON t 10 WOODBURY A T Z 3 CONDOMINIUM Lu 9 6 iALEM, LP o ` lo.yy U a mCj I 10' C \ PROPOSED 9 o DUPLEX r / a I FFF=10.5 3 / 4 0 2 STORY D 10 / I �- I DWELLING x \ 9 ` I No. 10 6•. 40' o \ S oitLUSHI9 bo 9 "4GAS Rei.. GRANITE CURB � I , �'" W- —8' WATER ''•_ 8 5 VC ^ rte oo S 8' PVC SEWER °WHBITUMINOUS PAVEMENT v. To Nor "K a w --- DRIVE TOP SPINDLE HYDRAi ,a FL �sv C) ELEVATION- 12.2, °o WOODBURY COURT Certificate No: 187-13 Building Permit No.: 187-13 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 12 WOODBURY COURT in the CITY OF SALEM Address TowNCity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY FOR (12) WOODBURY COURT This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date G _ Issued On: Tue Jul 23, 2013 /Kp..r. GeoTMS®'2013 Des Launers Municipal Solutions,Inc. I i I 12 WOODBURY COURT 187-13 cls a: COMMONWEALTH OF MASSACHUSETTS .Map: i3G ;Bloch: CITY OF SALEM !Lot: --II �1 — -_ . !Category: Noew(2) Family Home jPelnut# --_ 137-13. i BUILDING. PERMIT Project _ IJS-2013-000393. I ,Est. Cost:_ $100,000 00 _ �`� � �F�ee Charged_- i$700.00� 9 �Y Balance Due: PERMISSION IS HEREBY GRANTED TO: Const Class: -- lContractor: License: Expires: 'Use Group:. Mark Denisco CONSTRUCTIO SUPERVISOR-050519 :Lot Slze(sgTff)._9574_.0524_ __i Owner: Leach St LLC !Zoning R2 IUnits Gamed: �APPircant: Mark Denisco !Units Lost -_ _ IAT: 12 WOODBURY COURT '._Dig Safe#: :- ISSUED O/V: 30-Aug-2012 AMENDED OIV: EXPIRES ON: 30-Jan-2013 TO PERFORIYI THE FOLLOWING WORK. CONSTRUCT A(TWO FAMILY HOME)jbh POST 'CHIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Undcrglound: Underground: Underground: Excavation: Ser vice:7 ��.✓ '.�Z_ meter: Footings: � g ,{{��,,, 12migh: :� (Y /-/.�' r�.�,;��Roughp/`3 �-`�°�� I2oug/L':�g,T� ";�9 �`�/ Foundation: Fhml:� 7-Z`i3 Final- / r� t7 Finnit)( �_I ,���(JI Rough Frame: `�!__ •..� ,� ��1.•11�� 1 1 •I �T ` �•l•�J Fireplace/Chimney: D.P. V. Fire Health 1' Insulation: N Meter: Oil: v Final: l /J Housep Smoku� � {h\ Trcasu ry: water: Alum; Assessor Sewer: Sprinklers: � Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM[UPON VIOLATION OF ANY OFITS RULESIAND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2013-000950 30-Aug-12 1094 5700.00 Get,T:\i SO 2013 Iles Lam let s\lunicip:d Solutions,loc. -------------------------------------------- -------------------------------------------------------------------------- Fee Due$30 ` City of Salem, Massachusetts Ck'# a flRE DEPARTMENT-FIRE PREVENTION BUREAU Recd by: 29 Fort Avenue Q Salem, Massachusetts 01970-5232 (978) 745-7777 Office Hours:(8-9 A.M.)and(1-2 P.M.) PERMIT TO INSTALL - FIRE ALARM DEVICES Permit is hereby granted to install approved fire alarm devices All equipment and wiring are subject to approval of Salem Location / ) - / (. c, ( h; ' / Owner enstalier: P,<vi, ! •. License# f inst-filer shall note special equipment required, as listed on reverse side. UPON COMPLETION,THE INSTALLER SK APPOINTMENT AT LEAST ONE WEEK PRIOR TO TEST,BE PRESENT FOR THE TEST,AND SIGN A CERTIFICATE Of (S4wture of Fre Oflrhp _4 �' • °� /. Date of expiration: (THIS PERMIT MUST BE CONSPICUOUSLY POSTED UPON THE PREMISES) Professional Land Surveyors Et Civil Engineers ESSEX SURVEY SERVICE. , 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD & WEED 1885 - 1972 PIAT PLAN OF LAND LOCATED IN SALN/9 MASS. 9% /0606 9t Lh157/AG 14 � G �1 VvuOD�JU�`/ �GU121 ,... 7 + 01L that the Located on the JWn. SCALE: ' 7D �� DATE: L l cL !/ )Z- REFR.-Mello '�2 Y� PG ChRf/fVGICYl O.R7*a � ERENCE: AKri opher . M,llo PES 3P317 MELIO 0.31317 4 104 LOWELL STREET PEABODY, MASS. 01960 (508)531-8121 FAXlSOA1'.';IA i9n