25, 30, & 40 Colonial Rd Proposed Amendment to AUL 4-15-21 RECEIVE®
APR 2 0 2021
NSOM North
High Street,Suite 25
CITY OF SALEM North Andover,MA 01845
BOARD OF HEALTH 978.465.1822
April 15,2021 Project 201.01005.004
Kimberly Driscoll
Mayor of Salem
93 Washington Street
Salem,Massachusetts 01970
RE: Proposed Amendment to Notice of Activity and Use Limitation
25,30,&40 Colonial Road
Salem,Massachusetts
MassDEP Release Tracking No.3-2565
Dear Mayor Driscoll:
On behalf of Colonial Road Owner LLC,Ransom Consulting,LLC(Ransom)has prepared this letter to
inform you that Colonial Road Owner LLC expects to Amend the October 31,2018 Notice of Activity
and Use Limitation(AUL)which will be recorded with the Southern Essex District Registry of Deeds for
the property at 25,30, and 40 Colonial Road in Salem,Massachusetts(the"Property")at least 30 days
after your receipt of this letter or following our receipt of your signed waiver of the 30-day notice period.
The Massachusetts Contingency Plan(MCP)requires that current holders of any record interest in the
area subject to the proposed Amendment to the Notice of AUL(including tenants)be notified of the
existence and location of oil and/or hazardous material(OHM)within such area and the terms of such
proposed Amendment to the Notice of AUL at least 30 days prior to the recording and registration of the
Amendment to the Notice AUL,unless the enclosed written waiver of the 30-day notification period is
signed by all interest holders.
The Amendment to the Notice of AUL was prepared to address the following items:
1. Update to the features of the disposal area subject to the Notice of AUL as a result of
changes to the Site configuration during recently completed construction activities;
2. Clarification of acceptable landscaping activities at certain parts of the Property
consistent with maintaining a condition of No Significant Risk;and
3. Clarification of the obligation to regularly inspect the various barriers at the Property as
an Obligation and Condition to maintaining a Permanent Solution and a condition of No
Significant Risk.
A draft copy of the compiled DRAFT Amendment to the Notice of AUL is provided as Attachment A.
Innovating Resilient Solutions
Portland,ME-North Andover,MA-Portsmouth,NH-Hamilton,NJ-Wenonah,NJ-Providence,RI www.ransomenv.com
Kimberly Driscoll
Mayor of Salem
If you have any questions regarding the proposed Amendment to the Notice of AUL,please feel free to
call.
Sincerely,
RANSOM CONSULTING,LLC
Digitally signed by
Timothy J.Snay
Date:2021.04.15
16:24:57-04'00'
Timothy J. Snay
Licensed Site Professional
TJS:cnt
Attachment
Enclosure
cc: Elizabeth Rennard,Esquire,City Solicitor
Jeremy Schiller,MD,Chair,City of Salem Board of Health
Thomas St.Pierre, Salem Building Inspector/Zoning Enforcement
Massachusetts Department of Environmental Protection
Ransom Project 201.01005.004 Page 2
P:120201201.010051AUL Amendmentllnterest Holders\AUL Notice-Salem.DOCX April 15,2021
ATTACHMENT A
Draft of Proposed Amendment to Notice of Activity and Use Limitation
Proposed Amendment to Notice of Activity and Use Limitation
25, 30,&40 Colonial Road
Salem,Massachusetts
MassDEP Release Tracking No. 3-2565
Ransom Consulting,LLC
Project 201.01005.004
Form 1082B
FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, & 6 and 310 CMR 40.0000
Disposal Site Name: Former Hamblet and Hayes Site 25, 30, and 40 Colonial Road, Salem,
Massachusetts
DEP Release Tracking No.(s): 3-2565 q
WHEREAS, a Notice of Activity and Use Limitation has been recorded with the
Essex County Southern District Registry of Deeds in Book 37,1`2 Page 66 (said Notice of
Activity and Use Limitation and any amendments thereto are a ;llective'ly r6ferred to herein as
"Notice"); ®®
WHEREAS, said Notice sets forth Hiitations of,use and activities,conditions
and obligations affecting certain parcel(s)of land situgted:in Salaem,_Essex County,
Massachusetts with the buildings and improvements thergofi,,§aid_land being more particularly
bounded and described in Exhibit A attached hereto and mgde,a part hereof("Property"). Said
limitations on use and activities are con4skent with the terms of maintaining a Permanent
Solution and a condition of No Significant,4jsk-(such conditions and terms being defined in
310 CMR 40.0000); and
n
WHEREAS,the Property comps ise[,part of-a,disposal site as the result of
releases(s)of oil and/or h#ardous'material. Exhibit B is a siCetch plan showing the
relationship of the Property subject to this Notice\to the boundaries of said disposal site existing
within the limits ofAe,Property and,to the extent such.,boundaries have been amended from the
original notice to reflect an increase'to,the overall restricted area. Exhibit B is attached hereto
and made a part-her-eof; and '
WHER S,the undersigned Licensed Site Professional ("LSP"), in
acco,r,dV&e,with M.G.L. c.,2fE andthc MAP opines that the implementation of the following
proposed-changes in Site Acti-Vities and'Uses at theProperty will maintain a Permanent
Solution andcondition of No,Significant Risk;
Paragr'aph 1, "Activities and Uses Consistent with Maintaining No Significant
Risk", is amended to Kead'as follows:
J.
i. 'Landscaping and grounds keeping activities as long as such activities
do not involve excavation of soils beneath the installed marker layer
associated with the 1-foot soil cap located at the Property.
Paragraph 2, "Activities and Uses Inconsistent with Maintaining No
Significant Risk," is amended to read as follows:
i. Removal of pavement,concrete, or the 1-foot soil cap specified in
Exhibit B unless an LSP Opinion indicates that such activity is
consistent with maintaining a condition of No Significant Risk; and
ii. Disturbance of the rip-rap cover at the sedimentation forebay as shown
on Exhibit B unless immediately replaced in kind.
Paragraph 3, "Obligations and Conditions", is amended'wbt d as follows:
i. The asphalt pavement,concrete, 1-foot soil,cgli'or other barriers shall be
maintained in the area shown on Exhibt�B. These-barriers shall be
inspected annually and maintained to prevent exposure to site workers,
visitors, and trespassers.
NOW THEREFORE, in accordance with,M.G.&c. 21E and the MCCp;,/the
undersigned Colonial Road Owner LLC, of Burlington M\iddlei§ex County,Massachusetts,being
the owner of the Property pursuant to a deed recorded wht the Essex County (Southern District)
Registry of Deeds in Book 38476,Page,438; hereby amendssaid Notice as follows:
Paragraph 4, "Activities and Vs,es Consistent with`Main0ming No Significant
Risk":
i. Any-commercial,manufacturing, industrial or other use which is not
pr6ted by; or inconsistent
t with those allowed under this limitation;
ii. Underground 'utility and emergency subsurface repairs;
iii. LRndscaping and grounds keppft activities as long as such activities
do not involve aeavation offsoils beneath the installed marker layer
associatedwith the lfoot soil cap located at the Property;
iv. ,Such other,activities or uses which, in the Opinion of an LSP, shall
pNsent no grgater risk of harm to health, safety,public welfare, or the
environment thanthe activities and uses set forth in this Paragraph; and
V Such other activities and uses not identified in Paragraph 5 as being
Activities and Uses Inconsistent with maintaining No Significant Risk
Conditions.
Paragraph 5, "Activities and Uses Inconsistent with Maintaining No Significant
Risk":
i. Construction Activities or planning utility repairs involving
excavation of contaminated soils without a Health and Safety Plan
and Soil Management Plan approved by an LSP;
ii. Use as residence, daycare center,or school;
iii. Use as a playground,playing field, or recreational area;
iv. Use for cultivation of fruits and vegetables for human
consumption;
V. Removal of pavement, concrete, or the I-foot soil cap located at
the Property specified in Exhibit B unless an LSP Opinion as
indicates that such activity is consistent with maintaining a
condition of No Significant Risk;
vi. Disturbance of the rip-rap cover at the sedimentation forebay as
shown on Exhibit B unless immediately replaced in kind; and
vii. Other activity that results in direct exposure of site workers or
visitors to subsurface contaminated soil, unless exposure is
determined to constitute a condition of No Significant Risk in the
opinion of an LSP.
Paragraph 6, "Obligations and Conditions":
i. Excavation associated with short term utilijW repairs or longer term
construction work such as excavation contanV4 nated soil, significant
modification of buildings or constructionlof newbj4iltlings shall be
conducted in accordance with the`appl table perform-4n&e standards for
post-Permanent Solution Release Abatement Measure P�aris,(310 CMR
40.1067), Utility Related Xtement Me15,sures (310 CMR,40:1;067), soil
management protocols (310 CMS 40.003% d applicable}worker safety
practices (310 CMR 40.0018). In�addif on, a oil Management Plan and a
Health and Safety-Plan shall be prepaped'and approved of by an LSP
before such constn4ction activities are initiated;
ii. If future constructiop acovities are anticipated rejated to soil
excavation, or new building-cofi truction,that will alter or disturb the
barrier(s) described in'Exhibit B-b66Wv thg"provisions of Paragraph 6
(i)ofthis-AUL will be fgtldwed and an LSP will review the plans for
such activities prior to their,initiation'and issue a written LSP Opinion
that activities specified in such plans will maintain a condition of No
Syigr ficant Risk prior to initiation of such activities; and
iii. The-sphalt,p�avirrnent, concrete, 1-foot soil cap or other barriers shall
be main.Whed in the-area shown on Exhibit B. These barriers shall be
inspected-qnnually and maintained to prevent exposure to site workers,
visitors, and trespassers.
In all other respects the-provisions of said Notice remain unchanged.
Colonial Road Owner LLC authorizes and consents to the filing and
recordation/and or registration of this First Amendment to Notice of Activity and Use
Limitation, said First Amendment to become effective when executed under seal by the
undersigned Licensed Site Professional andrecorded and/or registered with the appropriate
Registry of Deeds and/or Land Registration Office.
WITNESS the execution hereof under seal this day of May 2021.
Cotgni#1 Road Owner LLC
lgnatory Authority provided
in Exhibit C
LLC
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX COUNT
r
On this day of April 2021, before me,the undersigned,notary public,personally appeared
Patricia Luttrell,proved to me through satisfactory evidence of identification, which was
to be the person-Wii se_name is signed ob.the,preceding or attached
document, and acknowledged to me that she'signed it voluntarily for its stated purpose.
*fr1cial signature and seal of notary)
\My commission expires:
4
XX.4 r.
The undersigned Licensed Site Professional hereby certifies that in his Opinion,
this First Amendment to Notice of Activity and Use Limitation is consistent with a Permanent
Solution and maintaining a condition of No Significant Risk.
Date:
Timothy J. Snay,LSP
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX
On this day of May 2021,before me,the undetsigpe'dnotary public,personally
appeared Timothy J. Snay,proved to me through satisfactory<evidence o�identification,which
was ,to be the person whose nalrie is signed on`the preceding or
attached document, and acknowledged to me that he sio;ed it-Voluntarily for`its,stated purpose.
(oeial signature an4,seal of notary)
My commission expires:
Upon recording,return to:
Brandon Kelly ,
Colonial Road Owner LLC
55 Cambridge Street
Burlington,Massac�uketfs.01803
Exhibit A
Property Description
25,30 and 40 Colonial Road
Essex County
Salem,Massachusetts
The Property includes three parcels of land described by the City of Salem Assessors Office as
25 Colonial Road (Book 3810 Page 589 and Book 4575,Page 396), 30 Colonial Road(Book
4644 Page 405)and 40 Colonial Road(Book 4961 Page 276).These parcels are described
below.
25 Colonial Road
Lot 1:
A certain piece or parcel of land situated in Salem, in the County of Essex and Commonwealth
of Massachusetts, bounded and described as follows: beginning on remaining land of Boston and
Maine Railroad at a point six hundred twelve and seventy-seven hundredths (612.77) feet south
520 53' 20"West from Station 833+73.17 on the center line of location of the main line Portland
Division, Eastern Route of said Railroad;thence running South 52' 53' 20' West by said land of
said Railroad one hundred fifty-six and forty-five hundredths (156.45) feet; thence turning and
running North 830 20' 40" West still by said land of said Railroad one hundred eighty-six and
seventy-two hundredths (186.72) feet to land of New England Power Company; thence turning
and running North 230 45' 20" East by said last named land three hundred fifty-five and eighty-
two hundredths (355.82) feet to said land of said Railroad; thence turning and running South 331
25' 14" East by said land of said Railroad three hundred three (303) feet to the point of
beginning, be all of said measurements more or less, said parcel containing about one and
twenty-seven hundredths (1.27) acres. Parcel shown in a plan marked "Land in Salem, Mass
Boston and Maine Railroad to Hamblet and Hayes J.P. Cronin Engr. of Design March 1951" and
recorded with the Essex County (Southern District) Registry of Deeds in Plan Book 1951, Plan
155.
Lot 2:
A certain piece or parcel of land situated in Salem, in the County of Essex and Commonwealth
of Massachusetts, bounded and described as follows: beginning on remaining land of the Boston
and Maine Railroad and at land of Hamblet and Hayes Company at a point six hundred twenty-
seven and seventy-seven hundredths (627.77) feet South 520 53' 20" West from station
883+73.17 on the center line of location of the main line route of the Terminal Division of said
Railroad, thence running North 33125' 14" West by said land of Hamblet and Hayes Company
three hundred three and no hundredths (303.00) feet to land of New England Power Company;
thence turning and running North 231 45' 20" East by said last mentioned land fifty and no
hundredths (50.00) feet to the high waterline along the westerly shore of the Pond shown upon
plan hereinafter mentioned; thence turning and running on and by said high water line (being a
meandering line) generally partly southeasterly and partly southwesterly about three hundred
fifty-four and no hundredths (354.00) feet to a point at said remaining land of said Railroad;
thence turning and running South 520 53'20" West by said last mentioned land fifteen and no
hundredths (15.00) feet to the point of beginning, be all of said measurements more or Iess, said
parcel containing about sixteen thousand,three hundred(16,300) square feet. Parcel shown in a
plan marked "Land in Salem, Mass Boston and Maine Railroad to Hamblet and Hayes J.F.
7
Kerwin Engr. of Design October 1958" and recorded with the Essex County (Southern District)
Registry of Deeds in Plan Book 1959,Plan 401.
30 Colonial Road
A certain piece or parcel of land situated in Salem, in the County of Essex and Commonwealth
of Massachusetts,bounded and described as follows: beginning on remaining land of the Boston
and Maine Railroad and at land of Hamblet and Hayes Company at a point six hundred thirty-
three and fourteen hundredths (633.14) feet South 520 53' 20" West from Station 833+73.17 on
the center line of location of the Portland main line(East) route of the Terminal Division of said
Railroad, thence running South 351 34' 40" East by said remaining land of said Railroad three
hundred sixty-two and seventeen hundredths (362.17) feet to a point; thence turning and running
South 530 29'50" West partly by said last mentioned land and partly by land now or formerly of
said Railroad one hundred forty-seven and seventy-six hundredths (147.76) feet to a point;
thence turning and running by said last mentioned land on two (2) courses as follows:North 360
30' 10"West one hundred eighty-eight and eighty-seven hundredths(188.87)feet and North 580
06' 40" West three hundred twenty-two and twenty-three hundredths (322.23) feet to land of
New England Power Company; thence turning and running by said land of Hamblet and Hayes
Company on two (2) courses as follows: South 830 20' 40" East one hundred eighty-six and
seventy-two hundredths (186,72) feet and North 520 53' 20" East one hundred thirty-six and
eight hundredths (136.08)feet to a point of beginning, be all of said measurements more or less,
said parcel containing about sixty-five thousand, seven hundred sixty-eight(65,768) square feet.
Parcel shown in a plan marked "Land in Salem, Mass Boston and Maine Railroad to The Kirto
Corp. J.F. Kerwin Engr. of Design Sept. 1959" and recorded with the Essex County (Southern
District)Registry of Deeds in PIan Book 1960,Plan 87.
40 Colonial Road
A certain piece or parcel of land situated in Salem, County of Essex and Commonwealth of
Massachusetts,bounded and described as follows: Beginning at the point which is South 52' 53'
20"West six hundred thirteen and twenty-three hundredths (613.23)feet from Station 833+73.17
on center line of track, Boston and Maine Railroad, thence running along land of Boston and
Maine Railroad on the following four (4) courses: South 35° 34' 40" East three hundred sixty-
two and thirty-seven hundredths (362.37)feet to a steel bound,North 530 29'50"East fifteen and
ninety-seven hundredths (15.97) feet, to a steel bound, North 80 44' 10" West three hundred
seventy-three and forty hundredths (373.40) feet to a steel bound, and South 810 15' 50" West
two and fifty hundredths (2.50) feet to a point; thence meandering along the approximate
highwater line of South Mill Pond southwesterly, thence northwesterly about two hundred sixty
(260) feet to a concrete bound; thence turning and running South 520 53' 20" West fifteen and
forty-six hundredths (15.46) feet to a point of beginning, be all of said measurements more or
less, said parcel containing about twenty-seven thousand(27,000) square feet. Parcel shown in
a plan marked "Land in Salem, Mass Boston and Maine Railroad to The Kirto Corporation J.F.
Kerwin Assit. Chief Engr. June 1962" and recorded with the Essex County (Southern District)
Registry of Deeds in Plan Book 1962,Plan 501
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EXHIBIT C
SIGNATORY AUTHORITY
William Francis Galvin
Secretary of the
Commonwealth
September 17,2020
TO WHOM IT MAY CONCERN:
I hereby certify that a certificate of registration of a Foreign Limited Liability Company
was filed in this office by
COLONIAL ROAD OWNER LLC
in accordance with the provisions of Massachusetts General Laws Chapter 156C
on April 15,2020.
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;that there are no proceedings presently pending under
the Massachusetts General Laws Chapter 156C, § 72 for revocation of said Limited Liability
Company's authority to transact business in the Commonwealth; 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 are: NONE
I further certify that the name of persons authorized to act with respect to real property
instruments listed in the most recent filings are: BRANDON D. KELLY, SCOTT R.KELLY
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
Processed By:NGM
MA SOC Filing Number: 202083641970 Date: 4/15/2020 10:32:00 AM
15-Apr-2020 10:30 - 17814606994 p.2
APPLICATION FOR REGISTRATION
OF A
FOREIGN LIMITED LIABILITY COMPANY
OF
COLONIAL ROAD OWNER LLC
This Application for Registration of a Foreign Limited Liability Company of Colonial
Road Owner LLC,is being executed by the undersigned for the purpose of registering a foreign
limited liability company in the Commonwealth of Massachusetts pursuant to Chapter I W of
the General Laws of the Commonwealth of Massachusetts.
1. The name of the foreign limited liability company is:
Colonial Road Owner LLC(the"Company").
2. The Company was organized in the State of Delaware on April 3,2020.
3. The purposes of the Company are (i) to acquire, own, hold for investment,
develop, mortgage,encumber, hypothecate, lease(in whole or in part),finance(whether by debt
or equity), sell, maintain, improve, alter, remodel, expand, manage and otherwise operate and
deal with real nrogerty directly, or indirectly:_fii),to enter into or enuge in any kind of activity
necessary to, in connection with, or incidental to the accomplishment of the purposes of the
Company; and(iii) to conduct any other business allowed under the laws of the Commonwealth
of Massachusetts.
4. The address of the principal office of the Company in the Commonwealth of
Massachusetts at which records will be maintained is 55 Cambridge Street, Burlington,
Massachusetts 01803,
5. The Company has no manager.
b. The name and address of the resident agent of the Company is R.J. Kelly Co.,
Inc.,55 Cambridge Street,Burlington,Massachusetts 01803.
7. The duration of the Company is perpetual.
9. Brandon D. Kelly and/or Scott R. Kelly, each having an address at 55 Cambridge
Street,Burlington,Massachusetts 01803 are authorized to execute any document to be filed with
the office of the Secretary of the Commonwealth of Massachusetts, or the Secretary of State of
Delaware, to execute, acknowledge, deliver and record any recordable instrument purporting to
affect an interest in real property, whether to be recorded with a registry of deed or a district
office of the Land Court, and to execute,acknowledge,deliver and file or record any instrument,
document or certificate, which execution, acknowledgement., delivery, filing and/or recording
shall bind the Company without further recourse.
mlie 0MA)
15-Apr-2020 10:30 - 17814606994 p.3
This Application for Registration of a Foreign Limited liability Company is accompanied by a
Certificate of Good Standing of the Company,issued by an officer or agency properly authorized
in the jurisdiction where the Company is organized.
(SIGNATURE PAGE FOLLOWS)
15-Apr-2020 10:31 - 17814606994 p.4
IN WITNESS WHEREOF, the undersigned Authorized Signatory has caused this
Application for Registration of a Foreign Limited Liability Company to be duly executed as of
the 15thday of April,2020.
B
A
v" ' ry
M11&MM'1E
15-Apr-2020 10:31 - 17814606994 p.5
COLONIAL ROAD OWNER LLC
CONSENT OF REGISTERED AGENT
R.J. Kelly Co., Inc., registered agent of the above-named limited liability company,
consent to its appointment as registered agent pursuant to M.G.L.Chapter 156C.
(W19890M.1)
15-Apr-2020 10:31 - 17014606994 p.6
Delaware Pagel
The First State
Z, JEMMY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "COLONIAL ROAD OWNER LLC" ZS DULY
.FORMED UNDER THE LAWS OF THE STATE OF VFZANMW AND IS IN GOOD
STANDING AND RAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THZS
OFFICE SHOW, AS OF THE SIXTH DAY OF APRIL, A.D. 2020.
AND I DO =MY FURTHER CERTIFY THAT THE +,SAID "COLONIAL ROAD
OWNER LLC" WAS Z10OW ON THE THIRD DAY OF APRZL, A.D. 2020.
AND I DO HEREBY FMTHER CERTZFY THAT TEE ANNUAL TADS HAVE BEEN
ASSESSED TO DATE.
1
7923282 8300 %. �•1[ Authentication:202719506
SR#20202613030 '' Date:04-06-20
You may verify this certificate online at corp.delaware.gov/authver.shtmi
MA SOC Filing Number: 202083641970 Date: 4/15/2020 10:32:00 AM
THE COMMONWEALTH OF MASSACHUSETTS
I hereby certify that,upon examination of this document, duly submitted to me, it appears
that the provisions of the General Laws relative to corporations have been complied with,
and I hereby approve said articles; and the filing fee having been paid, said articles are
deemed to have been filed with me on:
April 15, 2020 10:32 AM
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
Waiver of 30-Day Notice Period
Amendment to Notice of Activity and Use Limitation
25, 30,and 40 Colonial Road
Salem,Massachusetts
In accordance with §40.1081(4)(c)of the Massachusetts Contingency Plan(MCP),current holders of any
record interest in an area subject to a proposed Amendment to the Notice of Activity and Use Limitation
(AUL)(including lessees,tenants,mortgagees, etc.),shall be notified by certified mail of the existence
and location of oil and/or hazardous material(OHM)within such area and the terms of the proposed
Amendment to the Notice. Such Amendment to the Notice of AUL shall not be recorded and/or
registered until at least 30 days after such notification of current record interest holders has occurred,
unless all parties receiving notification provide a written waiver of the 30-day waiting period to the
property owner.
1, ,as ,have a record interest in
the area proposed for the Amendment to the Notice of AUL at 25, 30 and 40 Colonial Road, Salem,
Massachusetts(the Property). With my signature below,I acknowledge that I have been notified of the
existence and location of OHM on the Property,and the terms of the proposed Amendment to the Notice
of AUL. In addition,my signature indicates that I agree to waive the 30-day waiting period between
notification to me and recording and/or registering of the Amendment of the Notice of AUL.
(Printed Name of Interest Holder) (Signature of Interest Holder) (Date)
Please return completed form to:
Ransom Consulting,LLC
50 High Street, Suite 25
North Andover,Massachusetts 01845
Attn: Timothy J. Snay