Amendment to NOR AUL 25, 30 & 40 Colonial Rd 5-26-21 RECEIVED
RANSOM 50 High Street,Suite 25
JUN 01 2021 North Andover,MA 01845
978.465.1822
May 26,2021 CITY OF SALEM Project 201.01005.001
BOARD OF HEALTH J
Mr. David Greenbaum,RS
Health Agent
City of Salem Board of Health
City Hall
93 Washington Street
Salem,Massachusetts 01970
RE: Amendment to Notice of Activity and Use Limitation
25,30,&40 Colonial Road
Salem,Massachusetts
MassDEP Release Tracking No. 3-2565
Dear Mr.Greenbaum:
In accordance with the Massachusetts Contingency Plan(MCP, 310 CMR 40.1403(7)(a))and on behalf
of Colonial Road Owner,LLC,Ransom Consulting,LLC(Ransom)has prepared this letter to inform you
that on May 18,2021,an Amendment to Notice of Activity and Use Limitation(AUL)was recorded with
the South Essex County Registry of Deeds for 25,30,&40 Colonial Road in Salem,Massachusetts(the
Portion of the Property). A copy of the Amendment to Notice of AUL,recorded as Book 39892,Page
502,is attached. The MCP requires that the local chief municipal officer,board of health,building
department, and zoning board be notified of the implementation of an Amendment to Notice of AUL for
the above-referenced Portion of the Property.
The Amendment to Notice of AUL reflects a change in the types of cap-like structures in place at the
Portion of the Property;the footprint of the Portion of the Property subject to the Amendment to the
Notice of AUL has not changed. The Amendment to the Notice of AUL identifies certain activities and
uses which are inconsistent with maintaining a condition of No Significant Risk of harm at the Site. The
Amendment to Notice of AUL also identifies those activities and uses which are consistent with
maintaining a condition of No Significant Risk,and those obligations and conditions necessary to ensure
that a condition of No Significant Risk continues to exist at the Site for the foreseeable future.
Please contact me at(978)465-1822 if you have any questions regarding the Amendment to Notice of
AUL.
Sincerely,
Digitally signed by
Timothy J.Snay
r Date:2021.05.2614:04:58
-04'00'
Timothy J. Snay
Licensed Site Professional
HED/TJS:cnt
Attachment
cc: Massachusetts Department of Environmental Protection,Northeast Regional Office
Innovating Resilient Solutions
Portland,ME—North Andover,MA—Portsmouth,NH—Hamilton,NJ a Wenonah,N1—Providence,RI www.ransomenv.com
ATTACHMENT A
Copy of Amendment to Notice of Activity and Use Limitation
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 201.01005.001
SO.ESSEX#732 Bk:39892 P9:502
06/18/2021 04:00 PM AMD P9 1116
eRecorded
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 Harnblet and Hayes Site 25,30,and 40 Colonial Road, Salem,
Massachusetts
DEP Release Tracking No.(s): 3-2565
WHEREAS,a Notice of Activity and Use Limitation has been recorded with the
Essex County Southern District Registry of Deeds in Book 37122 Page 66 (said Notice of
Activity and Use Limitation and any amendments thereto are collectively referred to herein as
"Notice");
WHEREAS,said Notice sets forth limitations on use and activities, conditions
and obligations affecting certain parcel(s)of land situated in Salem,Essex County,
Massachusetts with the buildings and improvements thereon,said land being more particularly
bounded and described in Exhibit A attached hereto and made a part hereof("Property"). Said
limitations on use and activities are consistent with the terms of maintaining a Permanent
Solution and a condition of No Significant Risk(such conditions and terms being defined in
310 CMR 40.0000); and
WHEREAS,the Property comprises part of a disposal site as the result of
releases(s)of oil and/or hazardous material. Exhibit B is a sketch plan showing the
relationship of the Property subject to this Notice to the boundaries of said disposal site existing
within the limits of the 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 hereof; and
WHEREAS,the undersigned Licensed Site Professional("LSP"), in
accordance with M.G.L. c.21 E andthe MCP opines that the implementation of the following
proposed changes in Site Activities and Uses at theProperty will maintain a Permanent
Solution and condition of No Significant Risk;
Paragraph 1,"Activities and Uses Consistent with Maintaining No Significant
Risk", is amended to read as follows:
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 to read as follows:
i. The asphalt pavement,concrete, 1-foot soil cap or other barriers shall be
maintained in the area shown on Exhibit 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.L. c.21E and the MCP,the
undersigned Colonial Road Owner LLC,of Burlington,Middlesex County,Massachusetts,being
the owner of the Property pursuant to a deed recorded with the Essex County(Southern District)
Registry of Deeds in Book 38476,Page 438;hereby amends said Notice as follows:
Paragraph 4,"Activities and Uses Consistent with Maintaining No Significant
Risk":
i. Any commercial,manufacturing,industrial or other use which is not
prohibited by,or inconsistent with those allowed under this limitation;
ii. Underground utility and emergency subsurface repairs;
iii. 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;
iv. 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
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 planned 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 1-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-utihtyrepairs or longer term
construction work such as excavation of contaminated soil, significant
modification of buildings or construction of new buildings shall be
conducted in accordance with the applicable performance standards for
post-Permanent Solution Release Abatement Measure Plans(310 CMR
40.1067),Utility Related Abatement Measures(310 CMR 40.1067), soil
management protocols(310 CMR 40.0030),and applicable worker safety
practices (310 CMR 40.0018). In addition, a Soil Management Plan and a
Health and Safety Plan shall be prepared and approved of by an LSP
before such construction activities are initiated;
ii. If future construction activities are anticipated related to soil
excavation,or new building construction,that will alter or disturb the
barrier(s)described in Exhibit B below,the provisions of Paragraph 6
(i)of this AUL will be followed 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
Significant Risk prior to initiation of such activities; and
iii. The asphalt pavement, concrete, 1-foot soil cap or other barriers shall
be maintained in the area shown on Exhibit B. These barriers shall be
inspected annually 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 /0 day of May 2021.
A
o ' oad Owner LLC
tory Authority provided
in Exhibit C
LLC
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX COUNTY
On this 4 day of May 2021, before me,the undersigned notary public,personally appeared
r ,proved to me through satisfactory evidence of
identification,which was 6,417d& �-�r�i` ,to be the person whose name is signed on
the preceding or attached ocument,acid acknowledged tome that she si edit voluntarily for its
stated purpose.
SCWHIA L. MILLEMCK ,Z'e
Notary Publk (officia signature and seal of notary)
Cem n►enweulth of Massadwsens
Mir Canmission [sires My commission expires: 1 122!',Z_7
January", 2027
The undersigned Licensed Site Pr hereby certifies that in his Opinion,
this First Amendment to Notice of Activit on is consistent with a Permanent
Solution and maintaining a condition of i can
TIMOTHY
s�/ J.
1 RC->G�! No.N3373
Date: �/ G 9
Fpl �� Timothy.. Snay,LSP
sm
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX
On this day of May 2021,before me,the undersigned notary public,personally
appeared Timothy J. Snay,proved to me through satisfactory evidence of identification,which
was j.. - ! 4eA'C— , 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.
&ft-4-
(official signature and seal of notary}
My commission expires: /ta. ao
If
Upon recording,return to:
WE)
RNotory PublicETTE
Brandon Kelly ONWEALTH OFMASSACHUSETTS
Colonial Road Owner LLC y Commission Expires
March 23. 2023
55 Cambridge Street
Burlington,Massachusetts 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 520 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 330
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 52' 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 330 25' 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 230 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 52' 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 less, 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 parcei of iand 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 (188.97)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 521 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 Plan 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 520 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 350 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.
8
A
I ♦
1 O � 11'9 ♦
(n r) i 0
( i I
a ENO "' ¢ coo ),� ♦,
'Ic} In o
F XV) l LL. N , ♦ �mW
� =0 0 inn
Q w Q= ZJ Oz jmm 1 f- • 1 Oa
to)
O . 1 o
m o m� � a
y_ ¢ a s 1 X
� 1 O
,�,, o ,�0 0 0
W 1 ce.a y//o UJ
c� v
LLI Z 1 Q g ! ��¢ Q / 00
J a a� J J Jp , Z
�,♦ \\\/ fD
Joan 0
6
/ ` Un J y • (( M �
Q
m
LLI 1 DIY YY■Y■Y■0 SON 4
O � YYYN■/Y■ $
�04
z-a
�
(n ova
N • o• as ♦O
UoC �.1-000'
w o 0NW CIO
�Z
W 0 & Ow Q �
c— U
00
o
CD
U Q
U3 �- X
o V)
CL
Iz
CL 18
w a a
m 04
Q
Li M
_ N V) ~
O
x N
w �
EXHIBIT C
SIGNATORY AUTHORITY
William Praacis Galvin
Seetetaiy of tlm
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 a&ed the
Great Seal of the Commonwealth
on he,date first above written.
Secretary of the Commonwealth
Processed By:NGM
MA SOC Filing Number: 202083641970 Date:4/15/202010:32:00 AM
15-Apr-2020 10:30 - 178146136994 p.2
APP[JCATiON F4R REG%TRATIoN
OF A
FOREIGN L mim 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 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 Qtowncy directly or indirectly:410,to enter into or enahv 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.
6. 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 fried 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.
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]
(Wiles aao.,)
15-Apr-2828 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 duty executed as of
the 15thday of April,2020.
y
B p• k#y
A* t' ry
15-Apr-2020 10:31 - 17814606994 p.5
f'OLONIA.L ROAD OWNER LLC
C, ONSENI'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.
twt�ea�o�c.��
15-Apr-2828 10:31 - 17814606994 p.6
Delaware ?age i
The First State
Z, .TEt►'FREY w. Buz=, SECRETARY OP STATE Or THE STATE OF
nMAWARE, DO HEREBY CERTIFY "COLMAL ROAD OMM LLC" IS JXMY
MWED UNDER THE LAWS OF THE STATE OF DELAWARE AND ZS ZN GOOD
STANDING AND AM A LEGAL EXIS=XW SO FAR AS TAM RECORDS OF THZS
OFFICE SHOW, AS OF THE SIXTR DAY OF APRIL, A.D. 2020,
AND I DO REMY FURTHER CTRTZFY TART THE SAID "COLONXAL ROAD
OWNER LLC" WAS I+aafByD ON THE THZRD DAY OF APRZL, A.D. 2020.
AND I DO HEREBY FMTRER CERTIFY THAT MRE ANNUAL TAXES HAVE BEEN
ASSESSRD TO DATE.
a
7923Z82 $300 Authentication:202719506
SR#20202613030 Date:04.06-20
You may verify this certificate online at corp.delaware.gov/authveushtMl
MA SOC Filing Number: 202083641970 Date: 4/15/202010:32:00 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
7
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth