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70-92 Boston Street PSC & AUL 12-4-19 1 GFSGEOLOGICAL FIELD SERVICES INC. December 4,2019 RECEIVED Mayor Kimberly Driscoll City of Salem DEC 0 9 2019 93 Washington St. CITY OF SALEM Salem,MA 01970 BOARD OF HEALTH RE: Notice of Filing of Permanent Solution With Conditions Notice of Activity and Use Limitations Recording Former Flynntan 70-92 1/2 Boston Street Salem,MA 01970 Dear Mayor Driscoll: The purpose of this letter is to notify your office,pursuant to the Massachusetts Contingency Plan(MCP) section 40.1400,that a Permanent Solution with conditions (PSC)has been completed and submitted to the Massachusetts Department of Environmental Protection (MADEP)for the above referenced property. The PSC documents the available information for the site regarding a release of oil to the soil and ground water of the property. A PSC is appropriate because a condition of No Significant Risk relies on the implementation of an Activity and Use Limitations to control future conditions at the property. A copy of the PSC is available on MADEP homepage under Release Tracking Number 3-24618. Enclosed is a certified copy of the Notice of Activity and Use Limitation(AUL)that has been recorded by 139 Grove Street Realty Trust on the above referenced property. The document was prepared in accordance with the Massachusetts Contingency Plan(MCP) 310 CMR40.1074. Should you have any questions,please contact me. Sincerely, GEOLOGICAL FIELD SERVICES,INC. Luke Fabbri President, LSP#9988 Cc: Salem Board of Health Salem Building Department Salem Zoning Board 14 Hubon Street, Salem,Massachusetts 01970 Tel: (978)594-1376 Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: LFABBRi Transaction ID: 1156844 Document: BWSC113 Activity$ Use Limitation (AUL)Form Size of File: 201.41K Status of Transaction: in Process Date and Time Created: 12/4/2o1s:1:28:45 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals pa e. 9 Massachusetts Department of Environmental Protection BWSC 113 12 Bureau of Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J) 124618 L1. I r A.DISPOSAL SITE LOCATION: 1.Disposal Site Name: FORMER FLYNNTAN SITE 2.Street Address: 70-92 BOSTON ST 3.City/Town: SALEM 4.ZIP Code: 019700000 5.Check here if the disposal site that is the source of the release is Tier Classified.Check the current Tier Classification Category. r a.Tier I b.Tier ID c.Tier II B.THIS FORM IS BEING USED TO: (check one) 170 1. Submit a Registry 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 Permanent or Temporary Solution Statement has been filed pursuant to 310 CMR 40.1080. r 3. Submit a Registry copy of an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081. r 4.Submit a Registry copy of a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). r 5. Submit a Registry copy of a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1). r 6. Submit a Registry copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. r 7. Submit a Registry copy of an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). r 8. Submit a Registry copy of a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). r 9. Submit a Registry copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(d). r 10.Submit a Registry copy of a Confirmatory Activity and Use Limitation,pursuant to 31 0 CMR 40.1085(4). r 11. Submit a Registry copy of a Deed,referencing a Notice of Activity and Use Limitation,following the recording or registering of said deed conveying the record title for the property,pursuant to 310 CMR 40.1074(5). (Section D and H are not required). 12.Provide Additional RTNs: r a.Check here if this AUL Submittal covers additional Release Tracking Numbers(RTNs). b.Provide the additional Release Tracking Number(s) F— covered by this AUL Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above) C.AUL INFORMATION: 1.Document(per Section B)Recording and/or Registration Information: a.Name of Registry of Deeds and/or Land Registration Office: ESSEX SOUTH REGISTRY OF DEEDS b.Book and Page Number and/or Document Number: 38077/572&607831/553595 c.Date of recording and/or registration: 12/2/2019 mm/dd/yyyy 2.Is the address of the property subiect to AUL different from the disposal site address listed above? r a.No r b.Yes If yes,then fill out address section below. 3.Street Address: 4.City/Town: 5.ZIP Code: Revised:08/27/2015 Page 1 of 5 '07 Massachusetts Department of Environmental Protection BWSC 113 12 Bureau of Waste Site Cleanup r - ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J) [3:] _ 124618 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(l),(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 has been 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 Uses/Activities and/or Site Conditions after a Permanent or Temporary Solution is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L. c. 21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; >if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction has been 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 310CMR 40.0000 and(ii)complies with 40.1081; >if Section B 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 has been 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 40.1083; >if Section B indicates that a Grant of Environmental Restriction has been 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 40.1071; >if Section B indicates,that a Confirmatory Activity and Use Limitation has been 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 40.1085(4); I 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#: 9988 2.First Name: LUKE A 3.Last Name: FABBRI 4.Telephone: 7816629800 5.Ext.: 6.Email: 7.Signature: LUKE A FABBRI 8.Date: 1 2/212 0 1 9 mm/dd/yyyy 9.LSP Stamp: I Revised:08/27/2015 Page 2 of 5 Massachusetts Department of Environmental Protection BWSC 113 12 `��_ Bureau of Waste Site Cleanup ` � ACTIVITY&USE LMTATION(AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J) L7 24618 E.PERSON SUBMITTING AUL TRANSMITTAL FORM: 1.Check all that apply: r a.change in contact name r b. change of address r c.change in the person undertaking response actions 2.Name of Organization: FORTY SECOND LLC 3.Contact First Name: ANTHONY 4.Last Name: ROBERTO 5. Street: 282 BENNINGTON ST 6.Title: 7.City/Town: EAST BOSTON 8.State: MA 9.ZIP Code: 021280000 10.Telephone: 11.Ext.: 12.Email: 13.Is the person described in this section the owner of the property? r a.Yes R b.No,if checked then Section H must be filled out by at least one owner unless submitting a Deed referencing a Notice of Activity and Use Limitation in accordance with 310 CMR 40.1074(4). r c.Check here if providing names and addresses of any additional owners in an attachment. F.RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) r Check here to change relationship W 1.RP or PRP W a. Owner r b.Operator r c.Generator r d.Transporter r e.Other RP or PRP Specify: r 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c. 21E,s.2) r 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.5(j)) r 4.Any Other Person Submitting AUL Specify: Revised: 08/27/2015 Page 3 of 5 Massachusetts Department of Environmental Protection BWSC 113 12 1 _ Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL FORM _ Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J) 24618 G.REQUIRED ATTACHMENT AND SUBMITTALS: r I.Check here to certify that notice of the proposed Activity and Use Limitation(AUL)was given to all record-interest holders, if any,via certified mail,in accordance with 310 CMR 40.1074(1)(d)or 310 CMR 40.1081(4)(c)for a Notice of AUL or Notice of Amended AUL. jr a.Check here if there were no record interest holders. b.Date of certified mailing: 11/5/2018 mm/dd/yyyy r c.Check here to certify that names and addresses of all record holders notified is attached. r 2.Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or terminating the AUL,a copy of the AUL was/will be provided to the Chief Municipal Officer,the Board of Health,the Zoning Official,and the Building Code Enforcement Official in the community(ies)where the the property subject to such Activity and Use Limitation is located. r7o 3.Check here to certify that within 30 days of recording and/or registering the AUL,including amending,releasing or terminating the AUL,a Legal Notice was/will be published in a newspaper with circulation in the community(ies)where the property subject to the AUL is located. P 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.If an AUL Compliance Fee is required for this AUL,check here to certify that an AUL Compliance Fee was submitted to DEP,P.O.Box 4062,Boston,MA 02211. " 6.Check here if any non-updatable information provided on this form is incorrect,e.g. Site Address/Location Aid. Send corrections to bwsc.edep 0 state.ma.us. 170 7.Check here to certify that the LSP Opinion containing the material,facts,data,and other information is attached. H.CERTIFICATION OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1. I, RITA ROBERTO attest under the pains and penalties of perjury that I am the owner of said property(ies),subject to the AUL 2. RI TA ROBERTO 3.date: 12/4/2019 Signature mm/dd/yyyy 4.Name of Organization: 139 GROVE STREET REALTY TRUST 5.Contact First Name: RTA 6.Last Name: ROBERTO 7.Street: 282 BENNINGTON STREET 8.Title: TRUSTEE 9.City/Town: EAST BOSTON 10.State: MA 11.ZIP Code: 021280000 12.Telephone: 6179133322 13.Ext.: 14.Email: Revised:08/27/2015 Page 4 of 5 Massachusetts Department of Environmental Protection BWSC 113 12 L Bureau of Waste Site Cleanup ACTIVITY&USE LBUTATION(AUL)TRANSMITTAL FORMRelease Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J)) 24618 I. CERTIFICATION OF PERSON MAKING SUBMITTAL: 1. I, ANTHONY ROBERTO ,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)(e),I also hereby certify under penalties of perjury,that either I(if person submitting the AUL Transmittal Form is the property owner),or RITA ROBERTO 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 3.By: ANTHONY ROBERTO 4.Title: MANAGER Signature 5.For: FORTY SECOND LLC 6.Date: 12/4/2019 (Name of person or entity recorded in Section E) mm/dd/yyyy r- 7.Check here if the address of the person providing certification is different from address recorded in Section E. 8. Street: 9.City/Town: 10. State: 11.ZIP Code: 12.Telephone: 13.Ext.: 14.Email: 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:) Received by DEP on 12/4/2019 1:27:57 PM Revised: 08/27/2015 Page 5 of 5 a � IIIIIIilllllifllllll�Illflll1f111. IIIIIIIIIIlfllllllllllllillll ` r: 6O7$31 (B851B] BtCh.553595 �IIIlIIlIIhIIlI Southern Essex District Registry2W So LESS #415 Ok.3$077 pg.572 72?J2118 01:©1 FM LIMIT Pfl: i/22 r 12TOV2019 01:40 NOTc RUL P9 1/21 ,Q) FO—nn 1075 � w FNp : Pursuant to 310 CMR 40.1074(5), upon transfer of any interest in or a riroperty or a portion thereof that is subject to this Notice of,Activi ght to use se tation,the Notice of 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. t3�, NOTICE OF ACTIVITY AND USE LIMITATION ` M.G.L. c.21 E, § 6 and 310 CUR 40.0000 Disposal Site Name:Former Flynntan DEP Release Tracking No.: 3-24618 This Notice of Activity and Use Limitation("Notice") is made as of this 15"' day of November, 2019, by Rita Roberto and Louie Roberto, Trustees of the 1.39 Grove Street Realty Trust u/d/t dated July 6, 2007, and recorded at Middlesex South Registry of Deeds on August 15, 2007 at Book 49945, Page 422 together with their successors and assigns (collectively'Owner"). WITNESSETH: WHEREAS, Rita Roberto and Louie Roberto, Trustees of the 139 Grove Street Realty Trust, are the oxmers 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 34139. Page 369 and registered as Certificate 88518,Document Number 562578: WHEREAS, said parcel of land, which is more described in Exhibit A, attached hereto and made a part hereof("Property") particularly bounded and Notice of Activity and Use Limitation, The Property p rt3'") is cord et i this Essex South District Registry of Deeds in Plan.Book 448,Plana on a plan recorded ul the WHEREAS, the.Property comprises all a disposal site as the result of release(s) 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 210) 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. 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 Usc Limitation is attached hereto as Exhibit C and niade 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 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 Property pursuant to 310 CMR 40,0000: (i) Continued use of the AUL Area as a paved and unpaved area with activities to include any above grade non-intrusive activities including landscaping activities; (ii) Uses consistent with current residential use that has centralized management through a management company, condominium association or similar group and not explicitly limited by this Activity and Use Limitation, including but not limited to industrial uses, showrooms, sales office, fce, commercial and/or professional offices, and warehousing and/or storage, subject to obligation and conditions listed below; (iii) Repair and/or maintenance of existing utilities provided that all excavation is within the "Clean Utility Corridor" as detailed in the Permanent Solution statement; (iv) Such other activities or uses which, in the Opinion of a Licensed Site Professional, shall present no greater risk of harm to health, safety, public. welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk. 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 Property: (i) Any activity including, but not limited to, excavation or utility installation and/or repair outside the existing "Clean Utility Corridors" which will disturb soil located in the AUL Area from two feet below grade to twenty feet below grade, unless under the supervision of a Licensed Site Professional who has reviewed the disposal site file for RTN: 3-24618 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 Property for unrestricted residential uses, such as single family homes, which do not have centralized management through a management company, condominium association or similar group, where the individual homeowners or occupants are responsible for upholding restriction and conditions in this AUL;and (iii)Use 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 Property to maintain a Permanent Solution and a condition of No Significant Risk: (i) A Soil Management. Plan must be prepared by a Licensed Site Professional prior to commencement of any activity which is likely to disturb contaminated soil located in the AUL Area below two feet below grade unless it is located in an existing"Clean Utility Corridor." The Soil Management Plan should describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq. Workers who may come in contact with the oil contaminated soil should be appropriately trained on the requirements of the Soil Management Plan,and the Soil Management Plan must remain available on-site throughout the course of the project;and (ii)A Health and Safety Plan must be prepared and implemented prior to the commencement of any activity, which may result in the disturbance of contaminated soil located ion the AUL Area below two feet below grade, A Certified Industrial Hygienist should prepare the Health and Safety Plan or other qualified individual appropriately trained in worker health and safety procedures and requirements. 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 oil contaminated soil through ingestion, dermal contact and inhalation. Workers 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. 4, Progoscd 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 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 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 Temporary 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 neccssary to maintain a condition of No Significant Fisk. 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 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 Mort gges, 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 fling 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(s). WITNESS the execution hereof under seal this N day of November 2019. � l 5 Rita Roberto,Trustee of the 139 Grove Street Realty Trust and not individually(hereunto authorized) COMMONWEALTH OF MASSACHUSETTS Essex,ss November 2019 On this d of November 2019, before me,the undersigned notary public,personally appeared Rita Roberto,Trustee of the 139 Grove Street Realty Trust,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 the 13 9 Grove Street Realty Trust as afores 'd. -a GEORIGE R GR ' MDIBfy PW / COMIr10NWEALTM OF=:,Oj p /�01 I f'1/ 2-0 Z `� MY Commi G on1CT11SSlon Expires: /"pr", April io. WITNESS the e tion here under seal this f day of November 2019. B :►� Louie oberto. Trustee of the 139 Grove Street Realty Trust and not individually (hereunto authorized) COMMONWEALTH OF MASSACHUSETTS Essex, ss November 2019 On this day of November 2019,before me,the undersigned notary public, personally appeared Louie Roberto. Trustee of the 139 Grove Street Realty Trust,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 the 139 Grove Street Realty Trust as aforesai . otary& Seal 7rn'/ fir M Commission Expires: Nota��11� fiEpRQE F. GRA T, JR. Ity, fY Public MMOMNUM MY Commission Expires April 10. 2020 The undersigned Licensed Site Professional hereby certifies 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. Date: ,/ ,2019, IA COW WKE akeA. bri LSP#9988 FA AI LSP Seal No.99 COMMONWEALTH OF MASSACHU'SET�TS Essex, ss November, 2019 r On this _day of 2019.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 rife that he signed it voluntarily for its stated purpose. VANESSA M.B.BMENCOURT Notary Public {)()Ii1>OWEALT14 of otary&Seal My CAAa2d;c20'22 Expires r My Commission.Expires: r ' , Upon recording,return to: 139 Grove Street Realty Trust 282 Bennington Street East Boston,MA 02128 Attn: Anthony Roberto bra SoUtherr, Essex District ROD Date; 925Iii 015 o3;St PPi 319255 Doaai 562575 Fee: $4,320.80 GOtls: $947.ase.ee 582578`•�(88518+7 ®Rch_8i8256 C Southern Essax District R09istry 6/16/2015 03:51 PSI DEED Pg; 116 EXHIBIT A p QUITCLAIM DEED 42nd LLC, a Massachusetts Limited Liability Company with a business address of 73 Park Street,Beverly,Essex County,Massachusetts 01 for consideration of Nine Hundred Forty-Seven Thousand and Three Hundred and Sixty-Nine 001100(S947,369.00)Dollars paid, grant to Louie Roberto and Rita.Roberto, Trustees of the 139 Grove Street Realty Trust,under declaration of trust dated July 6,2007 and recorded in the Middlesex South District Registry of E Deeds in Book 49945,Page 422,a copy of which is recorded herewith,with an address of 297 Bennington Street,East Boston,Suffolk County,Massachusetts 02128 with QUITCLAIM COVENANTS, §61S 9 #621 B04139 P9:369 06/16/2015 03:59 DEED 09 t15 t the land together with the buildings located in Salem,Essex County,Commonwealth of i 0 { Massachusetts, further described in Exhibit A attached hereto. This transaction is performed in the normal course of business of 42nd LLC. a Being the same premises conveyed to the Grantor,by deed of the City of Salem dated May 3. 2006, and recorded with Essex South District Registry of Deeds in Book 25633,Page 565 and registered as Certificate 79547,Document Number 466993, aWitness my hand and.scat this 1"day of June,2015, PA, _A a 42nd LLC )nttchan D. �enni,Manager COMMONWEALTH OF MASSACHUSE'TTS ti 1,CX,5s. i On this I" day of June,2015,bei'ore me, the undersigned notary public,personally appeared i ,Jonathan D. Penni as aforesaid,proved to me through satisfactory evidence of identification, which was a Driver's License,to be the person whose name is signed on this document,.and acknowledged to one that he signed it voluntarily for its stated pur ose,as Manager of the 42nd LLC. `U.rmJ4RY M. rov r,Notary Public: 2 N a My commission expires: February 26. 2021 EX1HiBIT A Legal Description The following ten (10)parcels of land with buildings and other improvements thereon,located in i Salem,Essex County,Massachusetts: i PARCEL A That certain parcel of land with the buildings thereon situate in Salem in the County of Essex and said Commonwealth,bounded and described as follows: Northeasterly by Goodhue Street one hundred eighty-two and 14/100 (182.14)feet,southeasterly by land now or formerly of John Flynn& Sons,Inc., one hundred twenty-six and 68/100 (126.68) feet,southwesterly six and 03/100 (6.03)feet and southeasterly sixty-one and 45/100 (61.45)feet by land now or formerly of Annie Polansky;southwesterly by Boston Street sixty- three and 121100(63.12)feet;northwesterly eighty-three and 58/100(83.58)feet,and westerly eighty-seven and 23/100(87.23)feet by land now or formerly of Dennis J.Clifford; and northwesterly by lands now or formerly of Hannah Donovan et al,and Lena Mahoney seventy- two(72)feet. All of said boundaries are determined by the court to be located as shown on a plan numbered 15739-A drawn by Thomas A.Appleton,civil engineer,dated October 1934,as modified and approved by the Court filed in the Land Registration Office,a copy of portion of which is filed with original Certificate of Title 10771 in said Registry,and the above descxzbcd land is shown as parcels A,B,C,and D. Said parcel D is subject to easements as set forth in a deed given by Mary J. Mulligan to John A. Deery et al,dated August 21, 1917,duly recorded in Book 2373,Page 126. PARCEL 13 a A certain parcel of land with the buildings thereon situated in Salem,Essex County, Massachusetts with the three-story brick building and all other buildings thereon,bounded southwesterly by Boston Street about seventy-four(74)feet;southeasterly by land of Varney now or late,northeasterly by Goodhue Street,northwesterly by land of Joseph S. Frye,now or late,one.hundred twenty-five(125) feet;southwesterly by.land of Frye,now or late,fifty seven i (57) feet. PARCEL C The land in said Salem,together with the buildings thereon bounded southwesterly by Boston Street 31.72 feet,northwesterly 68.07 feet,northeasterly 6.55 feet,northwesterly 8.32 feet, northeasterly 3 feet,northwesterly 42.50 feet,and northeasterly 27.80 feet, all by land now or late of Walsh,and southeasterly by land now or late of Clifford 117.37 feet,being the same premises shown on a certain plan of land entitled "land of John J. Walsh, Salem,Massachusetts, June 1920,Thomas A.Appleton,C.F.'° which has been duly recorded with the Essex South District Registry of Deeds in Book 2454,Page 536. Said premises contain 3766 square feet according to said plan. The above described premises have always been commonly known and numbered at 92 Ya Boston Street, Salem,Massachusetts. f! I! PARCEL D Land in said Salem, bounded and described as follows; Southwesterly by Iand of Annie Polansky;northwesterly by land now or formerly of Hannah P. Frey heirs,four(4)feet; northwesterly by land formerly of Mulligan,now of grantor; southeasterly by land of said grantor;four(4)feet.Being aportion of the premises conveyed to Annie Polansky,formerly Annie Chandler,by deed of Sarah Isom,dated August 13, 1923 and, ' recorded with Essex South District Registry of Deeds,Boole 2565,Page 460, PARCEL E Land in Salem,with the buildings thereon,bounded as follows: Southwesterly by Boston Street about seventy and forty-eight hundredths (70.48)feet; northwesterly by land now or formerly of Welch about one hundred eight and eighty-nine hundredths(108.89)feet;northeasterly by land now or formerly of Decry about eighty-seven and twenty-three hundredths(87.23)feet;and southeasterly by land now or formerly of Decry about eighty-three and fifty-eight hundredths(83.58)feet. PARCEL F i Land in said Salem,with the buildings thereon,beginning at the southeasterly corner thereof by land now or formerly of Wheatland,and thence running westerly by Boston Street about ninety- seven(97)feet;thence running northerly by land now or formerly of Mulligan,about one hundred nine(109)feet,nine(9)inches; thence running easterly by said Mulligan land about two (2)feet,one(1)inch;thence running northerly by said Mulligan land to Goodhue Street,thence running easterly by said Goodhue Street about eighty-two(82)feet;and thence running southerly by land now or formerly of Wheatland and others to the corner begun at. 1 PARCEL. G i The land in said Salem with the building thereon situate,numbered 88 on Boston Street, bounded and described as follows: Southwesterly by Boston Street; Northwesterly by land,now or formerly,of the City of Salem; Northeasterly by land, now or formerly,of the City of Salem;and Southeasterly by land,now or formerly,of the City of Salem. PARCEL H The land in said Salem,with the buildings thereon,bounded and described as follows: Beginning on Goodhue Street at a point marked "P"on plan hereinafter referred to,at land now or formerly of Clifford; thence running northwesterly fifty and 561100(50.56)feet to the point marked "O"on said plan;thence turning sand running southwesterly forty-two and 72/100(42.72) feet to a point marked "J" on said plan at which point there is an iron pin driven in the ground; thence turning and running southeasterly three and 6/10(3.6)feet to a pointed marked "I"on said plan where there is an iron pin driven in the ground,thence turning and running southwesterly eighteen and 23/100 (18.23) feet to a point marked "H"on said plan at which point there is an iron pin driven in the ground being land now or formerly of Cook;thence turning and running southeasterly to a point marked "G"on said plan sixteen and 7/100(16.07)feet at which point there is an iron pin driven in the ground;thence still southeasterly twenty-seven and 80/1,00 (27.80)feet to a point marked "T" on said plan, being land now or formerly of said Clifford, thence turning and running northeasterly by said land of Clifford sixty-three and 47/100(63.47) feet to the point begun on Goodhue Street. Said premises are shown on a"plan of Land on Boston, Grove and Beaver Streets,Salem,Mass., July 1910,Andrew Nichols,C.E."and being recorded in Essex South District Registry of Deeds, Plan Book 20,Plan No.23. PARCELI The land with the buildings thereon situated in said Salem hounded and described as fellows: Southwesterly by Boston Street, thirty-five(35)feet; Northwesterly by land of John Flynn&Sons,Inc.eighty-one and 501100(81,5)feet; Northeasterly by land now or formerly of American Hide and Leather Co., thirty-five and 5110 (35.5)feet; Southeasterly by land of Clements,seventy(70)feet. Together with the right of way to Goodhue Street appurtenant to said premises over the northerly end of said land now or formerly of American Hide and heather Co„which has been in use during my ownership of the above described premises,meaning and intending,to convey whatever easement now legally exists by prescription or otherwise without covenant by me that an easement in fee does exist. PARCEL J The land in said Salem,with the buildings thereon,bounded and described as follows: Beginning at a point on Boston Street at land formerly of Jar$yrnka,and thence running: Northeasterly by said land,seventy(70)feet,more or less;thence running; Southwesterly by land now or formerly of the American Hide and Leather Company,fifty-eight and 851100 (58.85)feet;thence running;Easterly by said Company land two and 3110(2,3)feet;thence running; Southeasterly by said company land eleven and 41100(11.04)feet;thence running; Southwesterly fifty-six and 18110(56.18)feet to Boston Street;thence running;Northwesterly by Boston Street,seventy and 811100(70.81)feet to the point of beginning. For a compilation of Parcels A to J,see the plan entitled"Plan of Land 70-92 '/z Boston Street, Salem,Massachusetts"dated Jane 9,2015,prepared by LeBlanc Survey Associates,Inc., 161 Holtcn Street,Danvers,MA 01923,recorded herewith. r i i / QUITCLAIM DEED h The City of Salem,a municipal corporation duly organized and existing by law in the 1 County ofEssux,Commonwealth of Massachusetts, ` in consideration of the payment of Four Hundred'Thousand and 00,100(W0,000.00) i Dollars with quitclaim covenants SO,ESSEu t�327 8k;2933 Pg;565 grant to 4r LLC of 73 Park Street,Beverly,Massachusetts °s!°s' '' 12° 'DEED P9 rs :-4 The land with buildings thereon located in Salem,,Essex County,Massachusetts and further described in Exhibit A attached hereto. The City of Salem has received the statements required to be filed by each grantee hereunder pursuant to Massachusetts General Laws,Chapter 60,Section 77B. a The City of Salem has complied with the provisions of Massachusetts General Laws, Chapter 44,Section 63A regarding payment of taxes. For grantor's title,see taking by the Collector of Taxes for the City of Salem dated October 20,1989 and recorded with Essex County(Southern District)Registry of Deeds in Book 10197,Page 194,and by a taking by the Collector of Taxes of the City of Salem dated November 28,2003 and recorded with Essex County(Southern District)Registry $ of Deeds in Book 22323,Page 239 and by a taking by the Collector of Taxes for the City "`� of Salem dated November 28,2003 and filed with the.Essex County Southern District of the Land Court as Document No.432808 with Certificate of'ritic No.67231 will sell said property at Public Auction at 10.00 A.M.on the 22nd day of March,2006,at the property known and numbered as 70-92 t/2 Boston Street. The property is further described in a deed from John Flynn do Sons,Inc.to Salem Realty,LLC dated September I o 4,1996 and recorded with said Registry in Book 13751,Page 323. � , �1 D WITNESS the execution hereof this 3rd day of May,2006. ' Almbr +-pp e: iAnne Bvsteed,Treasurer,duly authorized pursuant to M.G.L.c.60 Section 77B COMMONWEALTH OF MASSACHUSETTS i ESSEX,SS. On this 3rd day of May,2006,before me,the undersigned notary public, personally appeared Anne Busteed as Treasurer for the City of Salem,proved to me through satisfactory evidence of identification,which was a Driver's License,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated p C. " ,Sr drover,;otCa�ryh6li�c y Commission Expires: 3/27/07 Quiielaimda�I [. •. 2). 48�i993~.~{7868Y+}",B:ch�DD975 southe"n Esso.Distr,oi R.siatry 6/3/2096 12M PM DEED � EXHiBIT A Legal Description r The following ten(10)parcels of land with buildings and other improvements thereon,located in Salem, Essex County,Massachusetts: PARCEL A + That certain parcel of land with the buildings thereon situate in Salem in the I County of Essex and said Commonwealth,bounded and described as follows: Northeasterly by Goodhue Street one hundred eighty-two and 14/100(182.14)feet, southeasterly by land now or formerly of John Flynn&:Sons,Inc.,one hundred twenty- six and 68/100(126.68)feet,southwesterly six and 03/100(6.03)feet and southeasterly sixty-one and 45/100(61.45)feet by land now or formerly of Annie Polansky; southwesterly by Boston Street sixty-three and 12/100(63.12)feet;northwesterly eighty- three and 58/100(83.58)feet,and westerly eighty-seven and 23/100(87.23)feet by land now or formerly of Dennis J.Clifford;and northwesterly by lands now or formerly of Hannah Donovan et al,and Lena Mahoney seventy-two(72)feet. All of said boundaries are determined by the court to be located as shown on a plan numbered 15739-A drawn by Thomas A_Appleton,civil engineer,dated October 1934,as modified and approved by the Court filed in the Land Registration Office,a copy of a portion of which is filed with original Certificate of Title 10771 in said Registry,and the above described land is shown as parcels A,B,C,and D. Said parcel D is subject to easements as set forth in a deed given by Mary 3.Mulligan to John A.Deery et al,dated August 21, 1917,duly recorded in Book 2373,Page 126. PARCEL B A certain parcel of land with the buildings thereon situated in Salem,Essex County,Massachusetts with the three-story brick building and all other buildings thcrcon, ourided southwesterly by Boston Street about seventy-four(74)feet;.southeasterly by Ihnd of Varney now or late,northeasterly by Goodhue Street,northwesterly by land of Joseph S.Frye,now or late,one hundred twenty-five(125)feet; southwesterly by land of Frye,now or late,fifty seven(57)feet PARCEL C The land in said Salem,together with the buildings thereon bounded southwesterly by Boston Street 31.72 feet,northwesterly 68.07 feet,northeasterly 6.55 feet,northwesterly 8,32 feet,northeasterly 3 feet,northwesterly 42.50 feet,and northeasterly 27.80 feet,all by land now or late of Walsh,and southeasterly by land now or late of Clifford 117.37 feet,being the same premises shown on a certain plan of land entitled"land of John J.Walsh, Salem,Massachusetts,June 1920,Thomas A.Appleton, 4656993 SoUthorn E530(page Diistriot Registry b/312406 MOS RM DEED '1 f C.E."which has been duly recorded with the Essex South District Registry of Deeds in r Book 2454,Page 536. Said premises contain 3766 square feet according to said plan. The above described premises have always been commonly known and numbered at 92 %Z Boston Street, Salem,Massachusetts. PARCEL D Land in said Salem,bounded and described as follows: Southwesterly by land of ,Annie Polansky;northwesterly by land now or formerly of Hannah P.Frey heirs, four(4) feet;northwesterly by land formerly of Mulligan,now of grantor; southeasterly by land -of said grantor;four(4)feet. Being a portion ofthe premises conveyed to Annie Polansky,formerly Annie Chandler,by deed of Sarah Kam,dated August 13, 1923 and ,,recorded with Essex South District Registry of Deeds,,Book 2565,Page 460. PARCEL E Land in Salem,with the buildings thereon,bounded.as follows: Southwesterly by Boston Street about seventy and forty-eight hundredths(70.48)feet; northwesterly by land now or formerly of Welch about oae hundred eight and eighty-nine hundredths(108.89)feet;northeasterly by land now or formerly of Decry about eighty- seven and twenty-three hundredths(87.23)feet;and southeasterly by land now or formerly of Deery about eight-three and fifty-eight hundredths(83.58) feet. PARCEL F Land in said Salem,with the buildings thereon,beginning at the southeasterly comer thereof by land now or formerly of Wheatland,and thence twinning westerly by Boston Street about ninety-seven(97)feet;thence running northerly by land now or formerly of Mulligan,about one hundred nine(109)feet,nine(9)inches;thence running easterly by said Mulligan land about two (2)feet, one(1)inch;thence running northerly by said Mulligan land to Goodhue Street,thence running easterly by said Goodhue Street about eighty-two(82)feet; and thence running southerly by land now or formerly of Wheatland and others to the corner begun at. PARCEL G The land in said Salem with the building thereon situate,numbered 88 on Boston Street,bounded and described as follows: Southwesterly by Boston Street; Northwesterly by land,now or formerly,of the grantor herein; 46699 {Pa9a 3 of 61 Southern Essex Dfatriot Registry 61312006 12:05 PM DEED i Northeasterly by land,now or formerly,of the grantor herein;and Southeasterly by land;now or formerly,of the grantor herein. PARCEL H The land in said Salem,with the buildings thereon,bounded and described as follows: Beginning on Goodhue Street at a point:marked"P" on plan hereinafter referred to,at land now or formerly of Clifford; thence running northwesterly fifty and 56/100 (50,56)feet to the point marked"0" on said plan;thence turning and running southwesterly forty-two and 72/100(42.72)feet to a point marked"J"on said plan at which point there is an iron pin driven in the ground;thence turning and running southeasterly three and 6/10(3.6)feet to a pointed marked"I"on said plan where there is an iron pin driven in the ground,thence turning and running southwesterly eighteen and 23/100(18,23)feet to a point marked"H"on said plan at which point there is an iron pin driven in the ground being land now or formerly of Cork;thence turning and running southeasterly to a point marked"Gr"on said plan sixteen,and 7/100(16.07)feet at which point there is an iron pin driven in the ground;thence still southeasterly twenty-seven and 80/100(27.80)feet to a point marked"T" on said plan,being land now or formerly of said Clifford,thence turning and running northeasterly by said land of Clifford sixty- three and 47/100(63.47)feet to the point begun on Goodhue Street. Said premises are shown on a"Plan of Land on Boston, Grove and Beaver Streets,Salem,Mass.,July 1910,Andrew Nichols,C.E.".and being recorded in Essex South District Registry of Deeds,Plan Book 20,Plan No. 23. PARCELI The land with the buildings thereon situated in said Salem bounded and described as follows: I Southwesterly by Boston Street,thirty-five(35)feet; Northwesterly by land of John Flynn&Sons,Inc.eighty-one and 5/100(81.5) feet; Northeasterly by land now or formerly of American Hide and Leather Co.,thirty- five and 5110(35.5)feet; Southeasterly by land of Clements, seventy(70)feet. Together with the right of way to Goodhue Street appurtenant to said premises over,the northerly end of said land now or formerly of American Hide and Leather Co., which has been in use during my ownership of the above described premises,meaning and intending,to convey whatever easement now legally exists by prescription or otherwise without covenant by me that an easement in fee does exist. 466993 (Page 4 of 6) Southern Essex District Registry 51W2006 12:06 PI DEED I i y 0 PARCELJ I The land in said Salem,with the buildings thereon,bounded and described as follows: Beginning at a point on Boston Street at land formerly of Jarzynika,and thence running:Northeasterly by said land,seventy(70)feet,more or less;thence running; Southwesterly by land now or formerly of the American Hide and Leather Company, fifty-eight and 85/100(58.85)feet;thence running;Easterly by said Company land two and 3110(2.3)feet;thence running; Southeasterly by said company land eleven and 4/100 (11.04)feet;thence running; Southwesterly fifty-.six and 18110(56.18)feet to Boston Street; thence running;Northwesterly by Boston Street,seventy and 81/100(70.81)feet to the point of beginning. 1 I 466993 (Page 5 of 9) 9 tNmrm Essex District RaStstrY 573/2006 12:06 PM DEED r � s m m o \1\IS rnn m =- Tm � o o �n o m le as r— tA3 G:) L, �. CIJ o � C, cm -c i L U GO 468593 (Pass 6 of 8) SouRhorn Essex bt.l,.yvt R89istry 61312�g 12:05 PM DEED Q g � b c� ns9�y3 �G or p el� .'7� AU Opp 31 R `d'e1 BQRa uttry ' m �y" yr! Cq 5� YBCLSf#NY7J dHf1074h Y7 � a vm ��h..T�i uS in� $4N~.q `�', OVt� m o fit SN cq 4.'NA33 �y+o gym,- 0.� e ! c EE S8 �8& t`a cs °� a L I f��y�y]$$yyea 8��xa11 gqo � aa AV a G000 9 �` a ( 'ac w t' w f tyVu V � � •b 1N O ����ff n n N rFi N n � 1 U V1.56 1. �' per. `r��'r' �Z• 3� 1��1 •f V 41 ? ♦✓ �r,ems,_J i' \ 7 O Q mQace yr C O 3 4 `• l ;Vp _' 6 w aw.,dgwrC wsw.•.wnns,i1.,n.ma aewm.p�.1.,n,wM.�da•'FR+rv�•.°,�,:w.t��1w.d EXHIBIT C Activity and Use Limitation Opinion Site Address 70-92Y2 Boston Street. Salem._ MA 01970 Site Name: Former Flynntan MADEP RTN: 3-24618 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 70-92 '/Bos.ton Street, Salem,Essex County, Massachusetts 01970 and owned by the 139 Grove Street Realty Trust,Rita Roberto and Louie Roberto,Trustees.The site is known as the Former Flynntan. The area to which the AUL has been applied,the"AUL Area",is the entire Property as described in Exhibit A and shown on Exhibit B. The Property consists of two parcels identified on City of Salem Assessor's Map 15 as Lot 15-0299 and Map 16 as Lot 16-0139 that occupy a wedge of land between Boston Street and Goodhue Street. The Disposal Site as defined in the Permanent Solution with Conditions(PSG)is within the AUL Area shown on Exhibit B. This AUL Opinion describes the reasons for an AUL,site history,type and location of residual contamination,response actions taken to date, and risk characterization process. Form 1075 of this AUL describes 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(MCP). Reasons for Activity and Use Limitation This AUL is appropriate to maintain a Permanent Solution and condition of No Significant Risk because concentrations of oil and/or hazardous materials in soil between two and fifteen feet below grade exceeds the MCP Method 1 Cleanup Standard for unrestricted use and#6 Fuel Oil Nan-Aqueous Phase Liquid(NAPL)exists in soil on a portion of the site that exhibits Micro-Scale Mobility.Micro-Scale Mobility means oil that is visibly present in sail in sufficient quantity to migrate or potentially migrate as a separate phase over a short distance and impact a boring,monitoring well or excavation. NAPL with.Micro-Scale Mobility is stable and has a footprint that is not expanding. Site History,Type and Location of Residual Contamination,Response Actions The history of the Property was been review back until IS 90 when most of the Property was developed with residential dwellings. The J Flynn& Sons,Inc. (Flynntan)tannery is first seen on the 1950 Sanborn Maps, It occupied most of the site with a couple of the original dwellings still present in the east end. By 1965,the Flynntan occupied the entire site.In the mid 1990s the facility stopped production and sat vacant.In 1998,EPA conducted a removal action of the leftover raw products and tannery waste to address a threat of release, The removal action was completed in 1998. Over the years that followed various site assessments including Immediate Response Actions(IRAs), Underground Storage Tank(UST)removals,and MCP Phase I,Phase Il and Phase III investigations determined that the Contaminants-of-Concern(COCs)include petroleum compounds,poly-aromatic hydrocarbons(PAHS)and NAPL related to releases of mineral spirits and#6 fuel oil. Heavy metals typically associated with tanneries are not present at significant concentrations nor are PCBs or VGCs, NATUREAND EXTENT 0FCONTAMINATION RTN3-246I8_ #6 Fuel Oil Release(s) Releases of#6 fuel oil.from USTs occurred in two locations,A significant release occurred from a 20,000-gallon.capacity UST and a 10,000-gallon capacity UST located in the southwestern comer beneath a former parking lot.This release,discover in 2004,is associated with Release Tracking Number(RTN)3-24618.A minor release of#6 fuel oil also occurred from a 10,000-gallon capacity UST located beneath the floor of a former garage building located on Goodhue Street.This release did not receive an RTN and is covered under RTN 3-24618. Three USTs have been removed and there are no sources of #6 fuel oil left on site. Approximately 2,100 tons of#6 oil impacted soil were removed during the construction of the existing apartment and townhouse buildings. Soil was removed to provide for a separation layer beneath the townhouses and parking lot, utility alignments and general construction activities. Soil with,residual#6 fuel oil exists from the midpoint of the former 20,000-gallon UST, approximately five feet below grade,to the top of the water table at approximately 28 feet below grade along Boston'Street.NAPL is known to exist in the soil pore spaces from approximately five feet below grade to 28 feet below grade.NAPL with Micro-Scale Mobility exists at 20-28 feet below grade. In 2017,18 soil borings were advanced to 18 feet below grade along Boston Street and four soil borings were advanced to ten feet below grade along Goodhue Street to investigate the 46 fuel oil release.Along Boston Street the detected concentrations exceed Method 1 S-1 and S-2 Standards from five to 15 feet below grade but not Upper Concentration Limits(UCLs). UCLS are exceeded near the water table at 25 feet below grade. Soil beneath Boston Street was not impacted by the release.Along Goodhue Street the detected concentrations are well below the Method I S-1. S-2 and S-3 Standards. Ground water is approximately 28 feet below grade along Boston Street and the direction of ground water flow is to the north. A former monitoring well,MW-105,installed adjacent to the 20,000-gallon.UST had NAPL in it,but the thickness could not be accurately measured. The well was not sampled because of the NAPL and the well was destroyed when the UST was removed, Two additional monitoring wells were installed along the western property line. The wells were installed to bedrock at 30-feet below grade.NAPL was not observed in the soil samples and the wells were dry for 8 months. Immediately north and down gradient of the soil mass impacted by the#6 fuel oil release EPH concentrations in soil drop to below the Method I S-1 Cleanup Standard, Down gradient of the release,in and along Goodhue Street are monitoring wells MW-101, MW- 102,MW-104 and MW-108.NAPL has never measured in any of these wells since 2006 and the dissolved concentrations are below all applicable Method 1. GW-2 Clean-up Standards. Based on these data the NAPL associated with the footprint of the ##6 fuel oil release has been stable over the past 15 years and is not expanding its footprint.NAPL,in soil pore spaces near the water table has MM rmy aenfoer monitoring well MW-105.The extent ofthe area where NAPL may potentially haN,'e Micro Scale Mobility is shown on Exhibit B. RTN 3-260151Vidneral S its Release(s) Releases of mineral spirits occurred from two former 6,000-gallon capacity USTs and from process troughs associated with the former tannery.One UST was located adjacent to the former garage building on Goodhue Street and the other UST was located beneath the former garage building. The process trough was located at the rear of the:former main tannery building.After the removal of the first UST in 2006 from the driveway access adjacent to the former garage building,mineral spirit NAPL was found in several monitoring wells in and around the excavation. In 2009,a soil removal action removed 115 tons of impacted soil from the UST grave. The removal action significantly reduced the occurrence and volume of NAPL and the dissolved concentrations in ground water. During the recent development,approximately 2,000 tons soil impacted with mineral spirits were removed in three locations.East and west of the 2009 excavation and from. beneath a process trough cleaned by EPA, Post excavation NAPL was no longer observed in soil and confirmation samples indicate the NAPL is not present. In addition to the removal of soil with significant mineral spirits and/or-#6 fuel oil contamination,approximately 3.750 tons of soil with low-grade contamination were removed for off site disposal during the recent development.The soil was removed to accommodate clearances for clean utility corridors and separation layers and as excess soil. PERMANENT SOLUTION with CONDITIONS STATEIVENT The risks associates with exposure to COCs at the disposal site were evaluated using a Method 1 Risk Characterization. The Risk Characterization considered current and future exposures to human and environmental receptors at the disposal site. Based on the results of the Risk Characterization,a condition of No Significant Risk does not exist at the disposal site without an AUL to control exposure to soil within the disposal site. Additional response actions are not required to achieve a Permanent Solution. %vt OF LSP: LW Luke Fabbri p, Licensed. Site Professional#9988 FABER No QM DATE: November 20. 2019 a ��v 607830 83 S h�cb53595 Southern Essex Distriot Registry 121D212D19 01.01 PM GERT PS: 114 Trustee's Certificate Pursuant to M.G.L. c, 184, § 35 Name of Trust: 139 GROVE STREET REALTY TRUST Ili III 1111111�I���I�EI I1111�11111lI1s!Illl Dated: July 6,2007 SO,ESSEX #414 Bk;38077 Pg;569 12102l2019 01:40 WERT PS 113 We,LOUIE ROBERTO and RITA ROBERTO,Trustees of the 139 GROVE STREET REALTY TRUST under Declaration of Trust dated July 6, 2007, .having an address of 139 Grove Street, Melrose, Massachusetts, between LOUIE ROBERTO and RITA ROBERTO, as Trustmakers, and LOUIE ROBERTO and RITA ROBERTO, as the original and current Trustees (the "Trust"), certify as follows; (a).LOUIE ROBERTO and RITA ROBERTO are all of the current Trustees of the Trust. In the event of the death, disability or resignation of LOUIE ROBERTO or RITA ROBERTO,the rertiaitung Trustee shall serve as sole Trustee hereunder. In the event of the death, disability or resignation of the remaining Trustee, the following, in the order named,shall serve as successor Trustee of the Trust(the"Trustee"): First,ANTHONY ROBERTO then Second,BRIAN J.DESROSIERS;then Third,MICHAEL T. CODY;and then Fourth,an attorney associated with the Law Firth of Cody&Cody,LLC, or its successor. (b).The Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the power to buy,sell, convey, assign,mortgage or otherwise dispose of any part of the Trust Estate, to execute and deliver leases and subleases, and to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate. (c).The Trust is revocable and may be terminated at any time by notice in writing to the Trustees from all of the Beneficiaries. Also,the Trust will terminate in any event twenty (20)years from the date of the death of the last surviving Trustee of the original Trustees named in said Trust. (d).The Trust holds title to real estate holds title to real estate located at 70-92 Y2 Boston 1 Street, Salem, Massachusetts, and described in a Deed dated rune 1, 2015, filed with the Essex.South Registry District of the Land Count as Document No. 562578 (Certificate of Title No. 88518) and recorded with the Essex South District Registry.of Deeds in Book 34139,Page 369(tbe"Premises"). . (e).The Trustees have been directed by all of the Beneficiaries of the'Trust to execute and see to the recording of a Notice of Activity and Use Limitation and any and other documents, and to take any other action that may be necessary or desirable to in order to effectuate the redevelopment ofthe Premises and MassDEP permitting process. (f). The Trust is in full force and effect and has not be amended, modified, or revoked, and the Trustees have received no notice of termination from the Beneficiaries. (g).There are no other facts which constitute conditions precedent to acts by the Trustee or which are in any other manner germane to the affairs of the Trust. [SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGE] 2 Executed as a sealed instrument under the penalties f erjury on 711_ c ,2019. LOUIE ROBER"I ,Trustee (Z' 6? i2 RITA ROBERTO, Trustee COMMONWEALTH OF MASSACHUSETTS Essex,ss, On this day of MartF`;'2019, before me, the undersigned notary public, personally appeared Louie Roberto and Rita Roberto,proved to me through satisfactory evidence of identification, which were `LnvVij 1`u to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, and swore or affirmed to me that the contents of the document are truthful and accurate to the best of their knowledge and belief, as Trustees of 139 GROVE STREET REALTY TRUST. Public My Commission Expires: �,,-1 f01, 2.0L0 GEORGE F NT, JR. Nbtary fthfic WOO I�GOMMEIILTM OF I ACN1i$Ms My Comrr�itsion Expires I APR 10. 2020 3