38 Palmer Street Phase 1 Environ. Site Assessment
ASTM-AAI
PHASE I ENVIRONMENTAL SITE ASSESSMENT
38 Palmer Street
Salem, MA
April 8, 2021
Prepared for:
North Shore Community Development Coalition, Inc.
102 Lafayette Street
Salem, MA 01970
Prepared By:
33 West Central Street
Natick, MA 01760
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TABLE OF CONTENTS
1. SUMMARY ......................................................................................................................................... 1
2. INTRODUCTION............................................................................................................................... 2
2.1 LOCATION AND LEGAL DESCRIPTION ............................................................................................... 2
2.2 PURPOSE ........................................................................................................................................... 2
2.3 SCOPE-OF-SERVICES ......................................................................................................................... 3
2.4 SIGNIFICANT ASSUMPTIONS .............................................................................................................. 3
2.5 LIMITATIONS AND EXCEPTIONS ........................................................................................................ 3
2.6 SPECIAL CONTRACTUAL TERMS AND CONDITIONS ........................................................................... 4
2.7 USER RELIANCE ................................................................................................................................ 4
3 USER PROVIDED INFORMATION ............................................................................................... 4
3.1 TITLE RECORDS ................................................................................................................................ 5
3.2 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS ......................................................... 5
3.3 SPECIALIZED KNOWLEDGE ............................................................................................................... 5
3.4 COMMONLY KNOWN OR REASONABLE ASCERTAINABLE INFORMATION .......................................... 5
3.5 VALUATION REDUCTION FOR ENVIRONMENTAL ISSUES ................................................................... 5
3.6 OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION ....................................................... 6
3.7 REASON FOR PERFORMING PHASE I .................................................................................................. 6
4 RECORDS REVIEW ......................................................................................................................... 6
4.1 STANDARD ENVIRONMENTAL RECORD SOURCES ............................................................................. 6
Comprehensive Environmental Response Compensation and Liability Information System (SEMS)
– 0.5 mile .............................................................................................................................................. 7
Federal RCRA Corrective Action Sites – 1.0 mile .............................................................................. 7
State and Tribal Brownfields – 0.5 mile .............................................................................................. 8
State and Tribal Releases– 1.0 mile reduced to 0.5 mile ..................................................................... 8
Non geocoded Sites ............................................................................................................................. 10
4.2 ADDITIONAL ENVIRONMENTAL RECORD SOURCES ......................................................................... 10
4.3 PHYSICAL SETTING SOURCE(S) ....................................................................................................... 11
4.3.1 Topographical Map ................................................................................................................... 11
4.3.2 Sensitive Receptors .................................................................................................................... 11
4.4 HISTORICAL USE INFORMATION ON THE PROPERTY ........................................................................ 12
4.5 HISTORICAL USE INFORMATION ON ADJOINING PROPERTIES .......................................................... 13
5 SITE RECONNAISSANCE ............................................................................................................. 14
5.1 METHODOLOGY & GENERAL SITE SETTING .................................................................................... 14
5.2 EXTERIOR OBSERVATIONS .............................................................................................................. 14
5.3 INTERIOR OBSERVATIONS ............................................................................................................... 14
5.4 CURRENT USE OF THE PROPERTY.................................................................................................... 14
5.4.1 CURRENT USE ............................................................................................................................. 14
5.4.2 CURRENT USE OF HAZARDOUS SUBSTANCES .............................................................................. 14
5.4.3 WASTE MANAGEMENT AND DISPOSAL PRACTICES ...................................................................... 15
5.4.4 CURRENT CORRECTIVE ACTIONS AND RESPONSE ACTIVITIES ...................................................... 15
5.4.5 ENGINEERING CONTROLS ........................................................................................................... 15
5.4.6 INSTITUTIONAL CONTROLS ......................................................................................................... 15
5.5 CURRENT USES OF THE ADJOINING PROPERTIES ............................................................................. 15
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6 INTERVIEWS .................................................................................................................................. 15
6.1 INTERVIEW WITH OWNERS .............................................................................................................. 15
6.1.1 Current Owner ........................................................................................................................... 15
6.1.2 Past Owner(s) ............................................................................................................................ 15
6.2 INTERVIEW WITH SITE MANAGER ................................................................................................... 16
6.2.1 Current Site Manager ................................................................................................................ 16
6.2.2 Past Site Manager ...................................................................................................................... 16
6.3 INTERVIEWS WITH OPERATORS AND OCCUPANTS ........................................................................... 16
6.3.1 Current Operators and Occupants ............................................................................................. 16
6.3.2 Past Operators and Occupants .................................................................................................. 16
6.4 INTERVIEWS WITH USER AND OTHERS ............................................................................................ 16
6.5. INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS ................................................................. 17
6.5.1 Fire Department ......................................................................................................................... 17
6.5.2 Health Department ..................................................................................................................... 17
6.5.3 Building Department .................................................................................................................. 17
7 EVALUATION ................................................................................................................................. 17
7.1 FINDINGS ..................................................................................................................................... 17
7.2 OPINION ....................................................................................................................................... 18
7.2.1 Data Gaps ............................................................................................................................. 18
7.3 CONCLUSIONS ............................................................................................................................ 18
7.4 ENVIRONMENTAL PROFESSIONAL STATEMENT ............................................................... 19
7.5 REFERENCES ............................................................................................................................... 19
8 APPENDICES ................................................................................................................................... 20
8.1 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS AND STAFF ....................... 20
8.2 SITE PHOTOGRAPHS ........................................................................................................................ 21
FIGURE 1 - SITE LOCUS MAP ........................................................................................................................
FIGURE 2 – ASSESSOR’S MAP .......................................................................................................................
APPENDIX A - LIMITATIONS .........................................................................................................................
APPENDIX B - ENVIRONMENTAL DATABASE REPORT ...................................................................................
APPENDIX C – LEGAL DESCRIPTION .............................................................................................................
APPENDIX D – USER LETTER ........................................................................................................................
APPENDIX E – SANBORN MAPS ....................................................................................................................
APPENDIX F – LOCAL RECORDS ...................................................................................................................
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1. SUMMARY
David Valecillos, Project Manager for the North Shore Community Development
Coalition, Inc. (“Client” or “User”) requested this Phase I ASTM Environmental Site
Assessment (“ESA”) of the Site in conjunction with the purchase of the property. The
Site is identified as Map 34 Lot 0155 by the Salem City Assessor. A locus map and
Assessor’s map are presented in Figure 1 and Figure 2, respectively. The current owner
of record is 47 Leavitt Street, LLC. The address of the Site is 38 Palmer Street, Salem,
MA 01970. The Site is located central eastern part of the city near Palmer Cove. The area
is primarily residential with apartments and multi-family housing. The Site is currently
vacant and used for parking. Its previous building, a one story residential building, was
demolished in 2012.
This ESA was accomplished by (1) researching reasonably ascertainable records from
standard sources and additional sources as needed, (2) conducting a Site visit, (3)
conducting interviews, (4) and considering information provided by the User. The
objective of this process of all appropriate inquiries into previous and current uses of the
Site and adjacent area is to identify, to the extent feasible, Recognized Environmental
Conditions. [Italicized terms are defined in the ASTM Standard Practice E 1527-13.]
Findings:
This assessment was conducted for the Site which is currently vacant. Past uses include a
multi-family dwelling and a store as well as a pool parlor and a hairdresser. The Site was
originally underwater or wetland and was developed between 1890 and 1906 by filling
presumably with fill containing coal and coal ash. Sometime after 2002 there was a fire
which destroyed the residential building. In 2012 a one story garage was demolished after
a 275 gallon heating oil tank was removed from the basement. 100 cubic yards of fill was
placed on Site as part of the demolition. The fill may have contained some building
materials based on the presence of some bricks visible on the surface.
The adjacent property to the east had been a gas station from the 1920s to the 1960s. It
was the subject of remedial activities which resulted in a Class A2 Response Action
Outcome.
Conclusion:
We have performed a Phase I Environmental Site Assessment in conformance with the
scope and limitations of ASTM Practice E 1527-13 of 38 Palmer Street, Salem MA
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01970. Any exceptions to, or deletions from, this practice are described in Sections 2.4
and 2.5. of this report.
This assessment has revealed no evidence of Recognized Environmental Conditions in
connection with the property except:
Likely presence of lead in soil from historical lead paint application onto prior on-
Site structures that either burned down or have been removed; and
Likely presence of historical fill containing polycyclic aromatic hydrocarbon
(PAH) compounds associated with coal or coal ash.
2. INTRODUCTION
2.1 Location and Legal Description
The Site is located in the central eastern part of the city of Salem. The Site is identified in
the Assessor’s records as Map 34, Lot 0155, and containing 0.073 acres. A locus map
and Site plan are presented in Figure 1 and Figure 2, respectively. The current owner of
record is Jose Baez. The address of the Site is 38 Palmer Street, Salem, MA 01970. The
Site is located in an urban residential neighborhood characterized by apartment buildings
and multifamily homes. The area has been developed since at least the late 1800s. The
Site is currently vacant.
The legal description is attached in Appendix C.
2.2 Purpose
This study was conducted by Irwin Engineers, Inc. (IRWIN) with the goal of identifying
Recognized Environmental Conditions, defined by ASTM Standard Practice E-1527-13
as “the presence or likely presence of any hazardous substances or petroleum products
in, on, or at a property: (1) due to release to the environment; (2) under conditions
indicative of a release to the environment; or (3) under conditions that pose a material
threat of a future release to the environment. De minimis conditions are not recognized
environmental conditions.”
This ASTM Practice is intended to constitute All Appropriate Inquiry and permit the
User to satisfy one of the requirements to qualify for the innocent landowner, contiguous
property owner, or bona fide prospective purchaser limitations on CERCLA liability
(collectively, the “landowner liability protections” or “LLPs”). CERCLA is the
Comprehensive, Environmental Response, Compensation and Liability Act. While
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petroleum products are not classified as hazardous substances under CERCLA they are
included in the ASTM Practice and will, therefore, be included here.
The scope of this study does not address requirements other than All Appropriate Inquiry,
which may be required for the user to qualify for the LLPs such as ongoing obligations to
comply with activity and use limitations, or state or local laws.
2.3 Scope-of-Services
IRWIN has reviewed records at the local municipal offices and those maintained by the
Department of Environmental Protection concerning the Site (if any) and the surrounding
area within applicable ASTM search radii. A search was conducted using a commercial
environmental database company to identify known critical environmental resources and
sensitive receptors, registered underground storage tanks, hazardous waste generators,
state disposal sites, RCRA sites, CERLIS sites, federal sites, listings in tribal databases of
equivalent sites, Federal Brownfield sites, and available registries of institutional and
engineering controls.
A Site reconnaissance visit was conducted by an Environmental Professional or under the
supervision of an Environmental Professional to observe the current conditions of the Site
and surrounding area for evidence of Recognized Environmental Conditions.
Photographs were taken of the Site and of any notable current Site conditions. Interviews
were conducted with the current owner and manager (if any) of the Site. Certain local
officials were also interviewed to obtain current and historical information regarding the
Site and immediate surrounding area.
2.4 Significant Assumptions
None.
2.5 Limitations and Exceptions
This assessment is designed to satisfy the ASTM standard for the User to qualify for one
of the limitations on CERCLA liability, therefore, the following considerations will not
be addressed: business environmental risk; non-scope items including but not limited to:
asbestos or PCB containing material in buildings; radon; mold; lead-based paint; lead in
drinking water, wetlands, regulatory compliance, compliance with applicable institutional
and/or engineering controls, cultural and historic resources, industrial hygiene, health and
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safety, ecological resources, endangered species, indoor air quality unrelated to releases
of hazardous substances or petroleum products into the environment, and biological
agents. The former list is not all-inclusive. A review of land title records or of judicial
records for environmental liens is not within the scope of this assessment. That review is
the responsibility of the User.
As stated in the ASTM standard, “No environmental site assessment can wholly
eliminate uncertainty regarding the potential for recognized environmental conditions.”
This report is subject to the limitations outlined in Appendix A attached hereto and
incorporated herein. The report has been prepared in accordance with the Terms and
Conditions set forth in our contract dated March 29, 2021. No other warranty, express or
implied, is made.
2.6 Special Contractual Terms and Conditions
None.
2.7 User Reliance
This study and report have been prepared on behalf of and for the exclusive use of Client
solely for use in an environmental evaluation of the Site. This report and the findings
contained herein shall not, in whole or in part, be disseminated or conveyed to any other
party, nor used or relied upon by any other party in whole or in part, without the prior
written consent of Irwin Engineers, Inc. However, Irwin Engineers Inc., acknowledges
and agrees that, subject to the Terms and Conditions of our contract, the report may be
conveyed to the Client’s attorney, lender, title insurer, or regulatory agencies. In addition
to the Limitations contained in Appendix A and in addition to our Standard Provisions for
Environmental Services, please note that the ASTM E1527-13 standard provides (1) that
this report is valid for 180 days and (2) if within this period the assessment will be used
by a user different than the user for whom the assessment was originally prepared, the
subsequent user must also satisfy the User’s Responsibilities.
3 USER PROVIDED INFORMATION
The Client was asked to provide the information listed below via the User Questionnaire
attached as Appendix D.
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3.1 Title Records
It is an obligation of the User to arrange for a search of recorded land title records and
lien records that are filed under federal, tribal, state or local law to identify environmental
liens and Activity and Use Limitations (“AULs”) that are currently recorded against the
Site. Where applicable, judicial records must also be searched.
The User was asked to provide this information. A title search was conducted on
November 17, 2015 by Attorney Jeffrey Miller for Stewart Title Guaranty Company and
it showed no environmental liens or AULs. The User also provided a title update dated
April 7, 2021 from Keith Hersey, Title Examiner. It found no liens or restrictions.
3.2 Environmental Liens or Activity and Use Limitations
In addition to the User’s obligation to conduct a title search, AULs or institutional
controls were searched via a commercial database search company, EDR Environmental
Data Resources, Inc. The results are discussed in Section 4.1
Further, the Client was asked if he knew of any environmental liens, AULs, intuitional
and/or engineering controls on the Site. He responded that he would conduct a title
search.
3.3 Specialized Knowledge
The Client was asked if he had any information or special knowledge (professional as
well as personal experience) concerning the Site and surrounding area. The User
responded that “there is urban fill at 47 Leavitt and 106 Congress St.” These are other
properties in the immediate vicinity.
3.4 Commonly Known or Reasonable Ascertainable Information
The Client was asked if she/he was aware of any commonly known or reasonably
ascertainable information about the Site that would help IRWIN identify conditions
indicative of release or threatened releases. The User responded that the Site was last
used for a two story residential building.
3.5 Valuation Reduction for Environmental Issues
The Client was asked if the purchase price being paid for the Site reasonable reflects the
fair market value of the Site and, if not, whether any difference is attributable to actual or
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suspected contamination. The User responded that the purchase price does reflect fair
market value.
3.6 Owner, Property Manager, and Occupant Information
The Client provided the following information with regards to current and past owners,
managers, operators and occupants:
Current owner: 47 Leavitt St. LLC
Past owner: Jose Baez
Information was not provided for:
Current manager:
Current occupant:
Past manager:
Past occupant:
3.7 Reason for Performing Phase I
The Client stated the reason for performing this Phase I assessment is prospective
development of the Site.
4 RECORDS REVIEW
4.1 Standard Environmental Record Sources
A database search was conducted through Environmental Data Resources, Inc. (“EDR”)
on March 30, 2021. The EDR Report is attached hereto as Appendix B. The date that
each database was last updated in also listed in Appendix B. Due to the density of the Site
area the search radii were reduced in accordance with section 8.1.2.1 of the ASTM
Standard 1527-13.
A review of the following databases revealed no sites listed within the ASTM reduced
search radii:
Federal National Priority List (NPL) (includes delisted sites)- 1.0 mile
Federal CERCLIS No Further Action Planned – 0.5 mile
Federal RCRA Treatment, Storage & Disposal facilities – 0.5 mile
Federal RCRA Generators - property & adjoining
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Federal institutional control/engineering control registries (Brownfields) –
property only
Federal Emergency Response Notification System – property only
Registered Underground Storage Tanks – property & adjoining
Solid Waste Landfills – 0.5 mile
State and Tribal institutional control/engineering control registries (AULs)
– property only
Institutional controls are legal restrictions on the use of, or access to, to a property
to (1) reduce or eliminate potential exposure to hazardous substances or
petroleum products in the soil or ground water on the property, or (2) to prevent
activities that could interfere with the effectiveness or a response action.
ASTM requires searches of state “lists of hazardous waste sites identified for
investigation or remediation.” ASTM identifies the appropriate radius for “state-
equivalent NPL” as 1.0 mile and for “state equivalent CERCLIS” as 0.5 mile. In
Massachusetts the investigation and cleanup of hazardous waste sites has been privatized
through the Licensed Site Professional program. All sites are given a Release Tracking
number and, therefore, there is only one database to search.
However, review of the following database(s) did reveal the listed properties as follows:
Comprehensive Environmental Response Compensation and Liability
Information System (SEMS) – 0.5 mile
This database was renamed in 2015 to the Superfund Enterprise Management System
although the ASTM standard has not been updated as of this report.
There is one listing in the database within the search radius for 15 Peabody Street which
is located 0.212 miles north of the Site. That property was a former Massachusetts
Electric facility. The listing indicates that the property was listed due to asbestos removal
and not for site assessment. This property is located downgradient from the Site. Due to
its location and the reason for its listing in the database, it is not expected to pose a threat
of migration of contamination to the Site.
Federal RCRA Corrective Action Sites – 1.0 mile
There is one listing on this database for New England Power Co located approximately
0.991 miles to the northeast. This location on a peninsula to the northeast of the Site is
expected to be downgradient with respect to the Site and not to pose a threat of migration
of contamination.
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State and Tribal Brownfields – 0.5 mile
There are three listings on this database within the search radius. They are discussed
below.
15 Peabody Street
This location was discussed above as it is also listed in the SEMS database. Due to its
location and the reason for its listing in the database, it is not expected to pose a threat of
migration of contamination to the Site.
50 Palmer Street, Former Keefe’s Restaurant
This property adjoins the Site to the east. The property was first developed for
commercial use in the 1920’s. Between 1920’s and 1958, the property was used
exclusively as a gasoline service station. From 1958 to the late 1960’s, the property was
used as both a restaurant and a gasoline service station. The property was used as a
restaurant from the late 1960’s to 1999. This property is also listed as the location of a
release on the state’s database of releases and is discussed further below.
61 Ward Street
This location is 0.189 north of the Site. The property is a former gas station, auto repair
and taxi stand location. The property is downgradient of the Site and not expected to pose
a threat of migration of contamination to the Site.
State and Tribal Releases– 1.0 mile reduced to 0.5 mile
The ASTM Standard does not provide a definition for this database since it will vary by
state. In Massachusetts all releases are tracked through the same database which assigns
Release Tracking Notification numbers. Therefore, there are no separate databases for
leaking underground storage tanks. There are 63 releases within 0.5 mile of the Site. The
database report also lists 5 leaking above ground tanks and 24 leaking underground
storage tanks (“LUSTs”). These additional listings are duplicative. Releases which are on
adjoining properties or which are still open and expected to have pose a concern for the
Site are discussed below.
50 Palmer Street, RTN 3-25097, #3-22894, and #3-25291
This property adjoins the Site to the east. The property was first developed for
commercial use in the 1920’s. Between 1920’s and 1958, the property was used
exclusively as a gasoline service station. Historical Sanborn Maps show it covered both
48 and 50 Palmer Street. From 1958 to the late 1960’s, the property was used as both a
restaurant and a gasoline service station. The property was used as a restaurant from the
late 1960’s to 1999.
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In 2003 Simmons Environmental Services, Inc. (“Simmons”) filed a Class A2 Response
Action Outcome (“RAO”) report for RTN #3-25097. Simmons stated that according to a
previous assessment, three USTs (a 2,000 gallon and a 1,000 gallon gasoline and a 500
gallon heating oil UST) were filled with sand in 1973. Due to issues with the way in
which the prior assessment had been conducted, Simmons conducted its own subsurface
investigation. Two fractions of VPH (C5-C8 aliphatics and C9-C10 aromatics) exceeded
Method 1 S1 GW2/GW3 risk limits. The property had been a beach and coastal wetland
which had been filled with coal ash. Therefore, analysis for PAHs other than those
associated with gasoline was not conducted.
In groundwater, each of three fractions of tested for VPH exceeded applicable Method 1
GW2/GW3 risk limits. Purgeable VOCs were also detected in three wells and xylene
exceeded the Method 1 GW2 risk limits. The monitoring well closest to the Site (SB106)
showed no headspace screening results above background. The figure showing
groundwater flow direction is missing from the report available at the online DEP
website. However, the report states that the contamination was limited to that portion of
the property where the USTs were. This area is the northwest portion of the property and
not immediately adjacent to the Site. Simmons opined that the silty sand would limit
movement of the contamination.
Simmons also conducted soil gas screening and found no exposure pathway as a result of
dissolved VOCs and VPH in groundwater.
A Method 3 Risk Characterization was then conducted. A condition of No Significant
Risk was found supporting the submission of the Class A2 RAO.
In 2005 Simmons issued a Revised RAO Statement for RTN #3-22894which included the
other RTNs listed above. As part of planned redevelopment of the property, the filled
USTs were to be removed. It was discovered that the 500 gallon heating oil tank had not
been cleaned or filled as was previously reported. 150 gallons of oil and tank sludge were
removed and placed in drums. Additionally, approximately 20 cubic yards of petroleum
contaminated soil was found next to the 1,000 gallon UST. Both the 500 gallon UST and
the 1,000 gallon UST were located on the northeast portion of the 50 Palmer Street
property and not immediately adjacent to the Site.
Due to headspace readings greater than 100 ppmv associated with the gasoline UST, an
Immediate Response Action was authorized and undertaken. Additional soil gas
measurements were made which confirmed the absence of an indoor air exposure
pathway. Shallow soils samples were tested for lead which might have leached from
many decades of lead based paint on buildings. Concentration were found to be 150, 550
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and 1200 mg/kg. Simmons opined that these lead levels were from peeling paint and
therefore exempt under the Massachusetts Contingency Plan (“MCP.”)
Due to the planned residential development, the Method 3 Risk Characterization was
redone to include lead, copper and nickel from the 2003 testing. This Characterization
also found No Significant Risk thus supporting the Revised RAO.
The sources of the releases at this property have been removed. The property is expected
to be downgradient/cross-gradient to the Site. The disposal area is limited to the
northwestern portion of the property not immediately adjacent to the Site. Soil gas testing
has not shown an exposure pathway. Based on this information, the releases at 50 Palmer
are not expected to pose a threat of migration of contamination to the Site.
Non geocoded Sites
A review of “orphan” releases indicates that they have either been closed or are in an
expected cross-gradient or down-gradient location relative to the Site.
4.2 Additional Environmental Record Sources
Health Department
Inquiry was made during the 2015 assessment regarding environmental contamination
issues on or surrounding the Site. Mr. Jeffrey Barosy, Sanitarian, reported that there were
no “environmental files” for the Site. An inquiry was made for this assessment of
Maureen Davis, Principal Clerk. She responded that any information was available
online. None was found regarding Board of Health concerns for environmental issues
concerning the Site.
Fire Department
A request was made during the 2015 assessment for all records for USTs located at or
removed from the Site and for any licenses for flammables storage for these locations.
Review of records made available showed the following. Inspector Dean Larabee
reported in voice mail message that there was “nothing there but a 275 aboveground tank
from the basement when it was a garage.”
The Client has owned the Site since that time and confirms that no tanks have been either
installed or removed since 2015.
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Permits for Site
Permits were not found for storing, generating or handling hazardous substances or
petroleum other than a permit dated December 9, 2011 for the removal of a 275
aboveground storage tank (“AST”) of heating oil. The installation date is unknown.
Building Department
The building department files contained the following relevant information:
Permit to remove 275 AST dated 12/9/11;
Disposal receipt for same AST undated;
Demolition permit for one story brick structure dated 1/12/2012;
Demolition permit for demolishing garage dated 1/12/2012;
Lien request for demolition work and invoice for 100 cubic yards of “clean
compactable fill/gravel;”
Gas cutoff order dated 12/20/2011;
2003 letter stating Site was a ‘legal non-conforming four family dwelling.;”
Reroofing permit dated December 1972.
4.3 Physical Setting Source(s)
4.3.1 Topographical Map
The USGS 7.5 x15 Minute topographical map for the Salem quadrangle (1985) was
reviewed. Based on that review, the inferred direction of groundwater flow is expected to
be in a southeasterly-easterly direction. However, local geology and other factors such as
utilities can affect localized flow patterns.
4.3.2 Sensitive Receptors
The Site is located within a non-potentially productive aquifer. See Appendix B. It is not
within ¼ mile of state drinking water wells.
Based on a review of the online database maintained by the Massachusetts Division of
Fisheries and Wildlife, the Site is not within ¼ mile of either an Estimated Habitat of
Rare Wildlife or Priority Habitat of Rare Species.
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4.4 Historical Use Information on the Property
Historical sources were reviewed to identify obvious uses of the Site back to 1890 the
date of the earliest available Sanborn Fire Insurance Map. The Site appeared as follows
on the available maps:
1970: A dwelling covers the eastern part of the Site. Attached to the dwelling and
covering the western part of the Site is another unlabeled building that appears to
have three sections. Addresses associated with the Site are 33 Prince St., 38
Palmer St. and 40 Palmer St.
1965: Same as 1970
1957: The dwelling is the same as in 1965. The northern section of the western building
is a store and the two other parts are auto garages.
1950: The eastern part of the Site is a store. The western part appears the same as 1957.
1906: The Site has one store-house building on its western side.
1890: The Site appears to be underwater as part of Salem Harbor. Palmer and Prince
Streets do not exist in the area of the Site.
Historical street directories show that the eastern part (#40 Palmer St.) of the Site was
pool parlor from 1924 to 1947. The western portion (#33 Prince St.) was a hairdresser in
1926 and a vacant store in 1947 and in 1957. The other listings are for individual names
and are presumed residential. The Site is listed as vacant in 1988, 1974, and partially
vacant in 1964 and 1961. A phone interview with the Assessor’s office revealed that the
multifamily dwelling and garage building was built in 1910.
Historical topographical maps available from the University of New Hampshire show
that in 1949 the Site and its immediate vicinity had the same topography as today.
However, a map from 1893 shows that the Site was likely within a wetland or under the
water of Palmer Cove.
Past use of hazardous substances
Unknown. Uses are expected to be consistent with household quantities of cleaners and
home maintenance products.
Past Waste management and disposal practices
Unknown.
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Past corrective actions and response activities
None recorded.
4.5 Historical Use Information on Adjoining Properties
Sanborn Fire Insurance maps were reviewed for the adjoining properties. Dates of
available maps and how the Site appeared are described below:
1970: East: Filling station with 12 car garage
South: Dwellings
West: Dwellings
North: Vacant
1965: Same as 1970
1957: Same as 1965
1950: Same as 1957 except the gas tanks are now shown on the filling station to the
east.
1906: East: Tenements and painters storeroom
South: Vacant and Palmer Cove
West: Tenements
North: Store and vacant
1890: East: Vacant
South: Salem Harbor
West: Vacant
North: Wagon and Paint Shops
Historical street directories show that the property abutting the Site to the east at #50
Palmer was a gas filling and service station from 1926 to 1969. The property is not listed
in later directories except for 1995 when it lists two individuals.
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5 SITE RECONNAISSANCE
5.1 Methodology & General Site Setting
The visit was conducted by foot. The perimeter of the Site was walked and the Site was
viewed from adjacent public ways. One Site visit took place on April 5, 2021 at 10am.
Lana Carlsson-Irwin of IRWIN visited the Site. It was approximately 59 degrees
Fahrenheit and cloudy. The area is relatively flat with a gently slope up to the west and
north. The area is one of multi-family dwellings and apartments buildings.
5.2 Exterior Observations
The Site is a vacant, level dirt and gravel lot. It has frontage on Palmer Street to the north,
Prince Street to the west and Naumkeag Street to the east. The southern edge is fenced
off by the two adjacent neighbors. Scattered bricks were observed in the surface of the
Site. Five cars were parked on the Site.
The following were not observed: pits, ponds or lagoons, stained soil or pavement,
stressed vegetation, obvious evidence of solid waste fill, stormwater disposal other than
to a sewer, wells, septic systems, oil storage tanks, vent or fill pipes, odors, pools/sumps,
drums, unidentified substance containers suspected of being hazardous waste,
transformers labeled as containing PCBs. There are no water bodies on the Site.
Gas was cutoff to the Site in 2011 according to the information obtained for the
assessment conducted in 23015.
5.3 Interior Observations
Not applicable. Site is vacant.
5.4 Current Use of the Property
5.4.1 Current use
Vacant lot is used for parking.
5.4.2 Current use of hazardous substances
Not applicable. Drips or minor leaks of automotive fluids may exist from parked cars.
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5.4.3 Waste management and disposal practices
Not applicable.
5.4.4 Current corrective actions and response activities
None.
5.4.5 Engineering controls
None.
5.4.6 Institutional controls
None.
The following were not observed: oil storage tanks, vent or fill pipes, odors, stains,
corrosion, sumps, drums, unidentified substance containers suspected of being hazardous
waste, transformers labeled as containing PCBs.
5.5 Current Uses of the Adjoining Properties
The property to the north is a park, the Mary Jane Lee Park. The other abutters are multi-
family homes or 3 or 4 story apartment buildings. The majority of which appear
relatively old with the exception of the apartment building to the east.
6 INTERVIEWS
6.1 Interview with Owners
6.1.1 Current Owner
The Owner of record is an entity controlled by the User with the same people involved so
no separate interview was conducted.
6.1.2 Past Owner(s)
ASTM requires that past owners likely to have material information not duplicative of
information collected elsewhere be interviewed. For the 2015 assessment, Jose Baez, was
asked if he had any knowledge of pending, threatened or past litigation, administrative
proceedings, or notices of proceedings or violations of environmental laws regarding the
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Site or relevant to hazardous substances or petroleum in on or from the property. He
responded, “not known.” In response to questions about the Site, he answered “no” or
“not known” to every question regarding those topics. Mr. Baez stated that he purchased
the property in 2002, that it had contained a multi-family dwelling which was destroyed
in a fire.
6.2 Interview with Site Manager
6.2.1 Current Site Manager
None.
6.2.2 Past Site Manager
None.
6.3 Interviews with Operators and Occupants
6.3.1 Current Operators and Occupants
None identified.
6.3.2 Past Operators and Occupants
None identified.
6.4 Interviews with User and Others
An interview was conducted with the user of this assessment, the Client. As required by
the ASTM standard, the User, David Valecillos, was asked if he had any knowledge of
pending, threatened or past litigation, administrative proceedings, or notices of
proceedings or violations of environmental laws regarding the Site or relevant to
hazardous substances or petroleum in on or from the property. He answered “no.”
The user was asked the questions contained in Appendix D regarding the Site and any
relevant documentation.
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6.5. Interviews with Local Government Officials
6.5.1 Fire Department
Inspector Dean Larabee responded by voice mail on December 2, 2015 to an inquiry for
records on USTs and permits for flammables at the Site. An additional inquiry was not
made as the Client has owned the Site since the 2015 assessment.
6.5.2 Health Department
Jeffrey Barosy, Sanitarian for the City of Salem stated that there were no environmental
files for the Site on Nov. 23, 2015. Ms. Maureen Davis responded on April 6, 2021 that
any information was available online.
6.5.3 Building Department
A clerk provided files on Nov. 23, 2015 containing the information detailed in Section
4.2 above.
7 EVALUATION
7.1 FINDINGS
This assessment was conducted for the Site which is currently vacant. Past uses include a
multi-family dwelling and a store as well as a pool parlor and a hairdresser. The Site was
originally underwater or wetland and was developed between 1890 and 1906 by filling
presumably with fill containing coal and coal ash. Sometime after 2002 there was a fire
which destroyed the residential building. In 2012 a one story garage was demolished after
a 275 gallon heating oil tank was removed from the basement. 100 cubic yards of fill was
placed on Site as part of the demolition. The fill may have contained some building
materials based on the presence of some bricks visible on the surface.
The adjacent property to the east had been a gas station from the 1920s to the 1960s. It
was the subject of remedial activities which resulted in a Class A2 Response Action
Outcome.
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7.2 OPINION
The Site had been developed since approximately 1900 and it is likely that the soil on
Site may contain lead from lead paint historically applied to on-Site structures.
Concentrations of lead were found on the adjacent property at 50 Palmer Street at up to
1200 mg/kg. The presence of lead in soil associated with lead paint at the site of original
application is not a release that is reportable under the Massachusetts Contingency Plan
(MCP) at 310 CMR 40.0000; however, the concentrations of lead on the Site are not
known to make the evaluation of whether those concentrations pose a risk, nor was there
information beyond supposition to confirm that the lead residues tested on the adjacent
property were specifically associated with lead paint. As such the likely presence of lead
in soils at the Site cannot be concluded to be a de minimis condition and therefore is
considered in our opinion to be a Recognized Environmental Condition.
Based on historical Sanborn maps, it appears likely that the Site was filled harbor and/or
wetlands. The adjacent property at 50 Palmer Street, and no further from the current
shore line, was found to have been filled with soils reportedly containing observable coal
ash when it was investigated for environmental assessment with closure of underground
gasoline tanks from the former gas station. On that basis it is likely that the Site was also
filled with soil containing coal ash. Coal ash is commonly known to contain lead, arsenic
and polycyclic aromatic hydrocarbon (PAH) compounds; however the presence of coal or
coal ash is not a release that is reportable under the Massachusetts Contingency Plan
(MCP) at 310 CMR 40.0000. There was no information beyond supposition to confirm
that the materials observed on the adjacent property were specifically coal or coal ash
and while there was testing that detected lead there was no testing for PAH compounds to
make an evaluation of whether concentrations pose a risk. As such the likely presence of
lead, arsenic and polycyclic aromatic hydrocarbon (PAH) compounds within fill
historical placed at the Site in soils at the Site cannot be concluded to be a de minimis
condition and therefore is considered in our opinion to be a Recognized Environmental
Condition.
7.2.1 Data Gaps
Significant data gaps were not found.
7.3 CONCLUSIONS
We have performed a Phase I Environmental Site Assessment in conformance with the
scope and limitations of ASTM Practice E 1527-13 of 38 Palmer Street, Salem MA
01970. Any exceptions to, or deletions from, this practice are described in Sections 2.4
and 2.5. of this report. This assessment has revealed no evidence of Recognized
Environmental Conditions in connection with the property except:
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8 APPENDICES
8.1 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS AND
STAFF
J. ANDREW IRWIN, P.E., LSP, TURP, is responsible for projects involving
environmental site assessment, risk assessment, engineering feasibility studies,
remediation design, permits and compliance auditing programs. Mr. Irwin holds Bachelor
of Science (1981) and Master of Engineering (1982) degrees in Chemical Engineering
from Cornell University. He is a Member of the American Institute for Chemical
Engineers and belongs to the Licensed Site Professional Association. He is a registered
Professional Engineer in the State of New York, Massachusetts, Connecticut, Rhode
Island and New Hampshire. He has been actively practicing in environmental
engineering since 1982.
LANA CARLSSON-IRWIN, ESQ. is responsible for environmental site assessment
projects. Ms. Carlsson-Irwin holds a Bachelor of Arts in Biology from Cornell University
(1981) and a Juris Doctor summa cum laude from Syracuse Law School (1985). She has
been actively conducting site assessments since 1996. She has completed the Phase I Site
Assessment & Transaction Screen Assessment Modules for Environmental Site
Assessments for Commercial Real Estate Course, 2003 and attending on-going training
seminars.
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8.2 Site Photographs
SITE VIEWED FROM PALMER STREET
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SOUTHERN EDGE OF SITE
TYPICAL BRICKS EMBEDDED INTO SITE SURFACE
673-09C R01 North Shore CDC Palmer Salem ASTM Phase I 2021.docx
Figure 1 - Site Locus Map
Figure 2 – Assessor’s Map
NOTE:
LOCUS CIRCLES FOR 500 FT
AND 0.5 MILE RADIUS
North Shore Community Development Coalition, Inc
102 Lafayette Street
Salem, MA 01970
31MAR21
673-09C NSCDC 38 Palmer St Salem Site Locus 0B
1 OF 1
FIGURE 1
SITE LOCUS
38 Palmer Street, Salem, MA
33 West Central Street
Natick, MA 01760
(508) 653-8007
DRAWING BY:
CHECKED BY:
APPROVED BY:SCALE
CLIENT
TITLE
SIZE DWG NO
SHEETNTS
ICL
JAI
JAI
Appendix A - Limitations
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Appendix A - Limitations
1.The observations described in this report were made under the conditions stated therein. The
conclusions presented in the report were based solely upon the services described therein, and not on
scientific tasks or procedures beyond the scope of described services or the time and budgetary
constraints imposed by Client. The work described in this report was carried out in accordance with
the Standard Provisions for Environmental Services in our contract.
2. In preparing this report, IRWIN has relied on certain information provided by other parties referenced
therein. IRWIN did not attempt to independently verify the accuracy or completeness of all
information reviewed or received during the course of this site assessment.
3.Observations were made of the Site and of structures on the Site as indicated within the report. Where
access to portions of the Site or to structures on the Site was unavailable or limited, IRWIN renders
no opinion as to the presence of hazardous materials or oil, or to the presence of indirect evidence
relating to hazardous material or oil, in that portion of the Site or structure. In addition, Irwin
Engineers renders no opinion as to the presence of hazardous material or oil, or the presence of
indirect evidence relating to hazardous material or oil, where direct observation of the interior walls,
floor, or ceiling of a structure on a Site was obstructed by objects or coverings on or over these
surfaces.
4.It is IRWIN’s understanding that the purpose of this report is to identify Recognized Environmental
Conditions as defined by ASTM Practice E1527-13. This stated purpose has been a significant factor
in determining the scope and level of services provided for in the Agreement. Should the purpose for
which the Report is to be used or the proposed use of the site(s) change, this Report is no longer valid
and use of this Report without IRWIN’s review and written authorization shall be at the sole risk or
the party using it. Should IRWIN be required to review the Report after its date of submission,
IRWIN shall be entitled to additional compensation at then existing rates or such other terms as
agreed between IRWIN and the Client.
5. The conclusions and recommendations contained in this report may be based in part, where noted,
upon the data obtained from a limited number of soil samples obtained from widely spaced subsurface
explorations. The nature and extent of variations between these explorations may not become evident
until further exploration. If variations or other latent conditions then appear evident, it will be
necessary to reevaluate the conclusions and recommendations of this report.
6.Any water level readings made in test pits, borings, and/or observation wells were made at the times
and under the conditions stated on the report. However, it must be noted that fluctuations in the level
of groundwater may occur due to variations in rainfall and other factors different from those
prevailing at the time measurements were made.
7. Except as noted within the text of the report, no quantitative laboratory testing was performed as
part of the site assessment. Where an outside laboratory has conducted such
analyses, IRWIN has relied upon the data provided and has not conducted an independent evaluation
of the reliability of these data. IRWIN did not perform testing or analyses to determine the presence or
concentration of asbestos at the Site or in the environment at the Site.
8.The conclusions and recommendations contained in this report are based in part, where noted, upon
various types of chemical data and are contingent upon their validity. These data have been reviewed
and interpretations made in the report. As indicated within the report, some of these data may be
preliminary “screening” level data and should be confirmed with quantitative analyses if more
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specific information is necessary. Moreover, it should be noted that variations in the types and
concentrations of contaminants and variations in their flow paths may occur due to seasonal water
table fluctuations, past disposal practices, the passage of time, and other factors. Should additional
chemical data become available in the future, these data should be reviewed, and the conclusions and
recommendations presented herein modified accordingly.
9.Chemical analyses may have been performed for specific constituents during the course of this site
assessment, as described in the text. However, it should be noted that additional chemical constituents
not searched for during the current study may be present in soil and/or groundwater at the Site.
10.This Report was prepared for the exclusive use of the Client. No other party is entitled to rely on the
conclusions, observations, specifications, or data contained therein without the express written
consent of IRWIN.
11. The observations and conclusions described in this Report are based solely on the Scope of Services
provided pursuant to the Agreement. IRWIN has not performed any additional observations,
investigations, studies, or testing not specifically stated therein. IRWIN shall not be liable for the
existence of any condition, the discovery of which required the performance of services not
authorized under the Agreement.
12. The passage of time may result in significant changes in technology, economic conditions, or site
variations that would render the Report inaccurate. Accordingly, neither the Client, nor any other
party, shall rely on the information or conclusions contained in this Report after six months from its
date of submission without the express written consent of IRWIN. Reliance on the Report after such
period of time shall be at the User's sole risk. Should IRWIN be required to review the Report after
six months from its date of submission, IRWIN shall be entitled to additional compensation at then
existing rates or such other terms as may be agreed upon between IRWIN and the Client.
13.No environmental site assessment can wholly eliminate uncertainty regarding the potential for
recognized environmental conditions in connection with a property. Performance of this assessment is
intended to reduce, but not eliminate, uncertainty regarding the potential for recognized
environmental conditions in connection with a property.
14. IRWIN has endeavored to perform its services based upon engineering practices accepted at the time
they were performed. IRWIN makes no other representations, express or implied, regarding the
information, data, analysis, calculations, and conclusions contained herein.
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Appendix B - Environmental Database Report