31R BOSTON STREET AUL Land Survey, Civil Engineering and Environmental Services
Offices in Medford and Vineyard Haven,Massachusetts
www.vineyardeng.com
February 14, 2022
R-ECEIVED
City of Salem Mayor's Office
Salem City Hall FEB 2 2 2022
93 Washington Street
Salem, Massachusetts 01970 CITY OF SALEM
BOARD OF HEALTH
Re: Notice of Activity and Use Limitation,
31R Boston Street, Salem
DEP Release Tracking Number: 3-
Dear Mayor:
On behalf of Robert M. and Kathy A. Adam, Trustees of K&R Realty Trust, Vineyard
Engineering & Environmental Services, Inc. (Vineyard) has recorded an Activity and Use
Limitation (AUL) for the above referenced property at the Southern Essex Registry of Deeds.
The AUL restricts certain uses of the above site to limit potential exposure to metals in fill soils
at the site and to ensure that a condition of no significant risk to human health is maintained. A
copy of the AUL is attached. No other action other than the receipt of this letter is required by
your office. If you have any questions, please feel free to contact the undersigned at
781.933.3330.
Sincerely,
Stephen J. Applebaum, PG
Senior Project Manager
cc: Salem Board of Health/Zoning Board/Inspectional Services
File 2936 ENV
17 Sgem Street Martha's Vineyard
Medford,MA 02155 PO Box 458
Phone: 781.933.3330 Vineyard Haven,MA 02568
Fax: 781.933.3334 Phone: 508.687.9437
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SO,ESSEX 4353 R;M@ Pg;386
form 1.075 02/11/2022 01:18 NOTG RUL Pg 1126
Note,: Pursuant to 310 CMR 40.1074(5),upon transfer of any interest in or a right to use the property or a
portion thereof that is subject to this Notice of Activity and Use Limitation, the Notice of Activity mid
Use Limitation shall be incorporated either in full or by reference into all future deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer. Within 30 days of
so incorporating the Notice of Activity and Use Limitation in a deed that is recorded or registered, a copy
of such deed shall be submitted to the Department of Environmental Protection.
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, §6 and 310 CMR 40.0000
Disposal Site Name: Commercial Property, 31R Boston Street
DEP Release Tracking No.(s): 3-371.60
This Notice of Activity and Use Limitation ("Notice") is made as of this day of
February, 2022, by Robert W. and Kathy A. Adair, Trustees of K&R Realty Trust having a principal
address of 2 Penny Lane, Peabody, Massachusetts 01960, together with his/her/its/their successors and
assigns(collectively "Owner").
W ITNES S ETH:
WHEREAS, Robert W. and Kathy A. Adam,.Trustees of K&R Realty Trust are the owners
in fee simple of certain parcels of land located in Salem, Essex County, Massachusetts with the buildings
and improvements thereon, pursuant to deeds recorded with the Southern Essex Registry of Deeds in
Book 7078,Page 360 and Book 40706,Page 134;
WHEREAS, said parcels of land, which is more particularly bounded and described in
Exhibit A, attached hereto and made a part hereof("Property") are subject to this Notice of Activity and
Use Limitation. The properties are shown on plans recorded in the Southern Essex Registry of Deeds,
South District in Book 3462,Page 64 and Book 40716,Page 594;
WHEREAS, the Property comprises all of a disposal site as the result of a release of oil
and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to
this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits
of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and
made a part hereof; and
WHEREAS, one or more response actions have been selected for the Disposal Site in
accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR
40.0000 ("MCP"). Said response actions are based upon the restriction of certain activities occurring in,
on,through,over or under the Property. A description of the basis for such restrictions, and the oil and/or
hazardous materials release events or the history that resulted in the contaminated media subject to the
Notice of Activity and Use Limitation is attached hereto as Exhibit C and made a part hereof,
Form 1075: continued
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in
said AUL Opinion are as follows:
L Activities and Uses Consistent with Maintaining No Significant Risk. The following
Activities and Uses are consistent with maintaining a Pennanent Solution and a condition of
No Significant Risk and,as such,may occur on the Property pursuant to 310 CMR 40.0000:
(i) Activities and uses of the site for commercial or industrial proposes, including,
but not limited to pedestrian and vehicular traffic, and landscape/routine maintenance,
and activities which do not involve the disturbance or relocation of soils or removal of
pavement in the AUL area;
(ii) Excavation associated with emergency or short term (six months or less)
underground utility and/or construction work, which is likely to encounter impacted
soil, provided that the impacted soil, if removed, is properly handled; contained and
returned to the excavation or properly disposed off-site;
(iii) Such other activities or uses which, in the Opinion of an LSP, shall present no
greater risk of harm to health, safety, public welfare or the environment than the
activities and uses set forth in this Paragraph;and
(iv) Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with Maintaining No Significant Risk Conditions. The
following Activities and Uses are inconsistent with maintaining a Permanent Solution and a
condition of No Significant Risk pursuant to 310 CMR 40.0000,and, as such,may not occur
on the Property:
(i) Use of the property for a residential, school or child daycare facility or other such
use at which a child's active exposure to soil may potentially occur;
(ii) Use of the property for the cultivation of fruits and vegetables destined for
human consumption (e.g., gardening or fanning) and the cultivation of ornamental
plants;
(iii) Any activity, with the exception of short-term excavation (not more than six
months in any calendar year), including but not limited to excavation,which is likely to
disturb contaminated soil or pavement unless it is conducted in accordance with a Soil
Management Plan and a Health and Safety Plan, as specified under Obligations (i) and
(ii) of this Opinion; and an LSP renders an Opinion which states that such activity is
consistent with maintaining a condition of No Significant Risk;
Form 1075: continued
3. Obligations and Conditions. The following obligations and/or conditions are necessary
and shall be undertaken and/or maintained at the Property maintain a Pennanent Solution
and a condition of No Significant Risk:
(i) A Soil Management Plan must be prepared by an LSP and-implemented prior to
the commencement of any activity at the Site that involves the disturbance, excavation,
or removal of soil or pavement in the AUL Area, with the exception described in
paragraph 1' (ii) above. The Soil Management Plan must describe appropriate soil
excavation,handling,storage,transport,and disposal procedures in accordance with the
MCP and cited at 310 CMR 40.0040 et.'seq. and include a description of engineering
controls and air monitoring procedures necessary to ensure that workers and receptors
in the vicinity are not affected by fugitive dust or particulates. On-site workers must be
informed of the requirements of the Soil Management Plan, and the Plan must be
available on-site throughout the course of the project.
(h) A Health and Safety Plan must be prepared by a Certified Industrial Hygienist or
other qualified individual sufficiently trained in worker health and safety requirements
and implemented prior to the commencement of any activities, which involve the
removal and/or disturbance of soil or pavement in 'the area subject to the Notice of
AUL, with the exception described in paragraph l (ii) above. The Health and Safety
Plan must clearly describe the nature and extent of the contamination, location of the
impacted soil and specifically identify the level and types of personal protective
equipment, monitoring. devices, and engineering controls necessary to ensure that
workers and other sensitive receptors are not exposed to arsenic and lead through
dermal contact, ingestion,and/or inhalation of fugitive dust. Workers who may come in
contact with the impacted soil within the designated AUL Area must be informed of the
location of the contamination and all requirements of the Health and Safety Plan, The
Plan must be available on-site throughout the course of the project and provide Safety
Data Sheets (SDS), the concentrations that would pose a significant risk, and
information on hazard communication to workers and appropriate health and safety
training.
4. Proposed Changes_in Activities and Uses. Any proposed changes in activities and uses
at the Property which may result in higher levels of exposure to oil and/or hazardous
material than currently exist shall be evaluated by a Licensed Site Professional who shall
render an Opinion, in accordance with 310 CMR 40.1.080, as to whether the proposed
changes are inconsistent with maintaining a Permanent Solution and a condition of No
Significant Risk. Any and all requirements set forth in the Opinion to meet the objective of
this Notice shall be satisfied before any such activity or use is commenced.
Form 1075: continued
5. Violation of a Permanent or Temporary Solution. The activities,uses and/or exposures
upon which this Notice is based shall not change at any time to cause a significant risk of
harm to health, safety, public welfare, or the environment or to create substantial hazards
due to exposure to oil and/or hazardous material without the prior evaluation by a Licensed
Site Professional in accordance with 310 CMR 40.1080, and without additional response
actions,if necessary, to maintain a condition of No Significant Risk.
If the activities, uses, and/or exposures upon which this Notice is based change without the
prior evaluation and additional response actions determined to be necessary by a Licensed
Site Professional in accordance with 310 CMR 40.1080, the owner or operator of the
Property subject to this Notice at the time that the activities, uses and/or exposures change,
shall comply with the requirements set forth in 310 CMR 40.0020.
6. Incorporation Into Deeds Mortga ems,Leases,and Instruments of Transfer. This Notice
shall be incorporated either in full or by reference into all future deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer,
whereby an interest in and/or a right to use the Property or a portion thereof is conveyed in
accordance with 310 CMR 40.1074(5).
Owner hereby authorizes and consents to the filing and recordation and/or registration of
this Notice, said Notice to become effective when executed under seal by the undersigned
Licensed Site Professional,and recorded and/or registered with the appropriate Registry(ies)
of Deeds and/or Land Registration Office(s).
WITNESS the execution hereof under seal this t da of February, 2022.
rk
Robert W.Adam,Trustee
Kathy A. Adam,Trustee
COMMONWEALTH OF MASSACHUSETTS
ss if / 2022
On this // day of. February 2022, before me, the undersigned notary public, personally
appeared Robert M. and Kathy A. Adam. (names of document signers), proved to me
through satisfactory evidence of identification, which were & ,to
be the persons whose names are signed on the preceding or attached document, and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
As the Trustees.
Form 1075: continued _� RITA A. CORNELIO.
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
March 8, 2024
rn �
(official signature and seal of notary)
The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this
Notice of Activity and Use Limitation is�co isst�ent with the terms set forth in said Activity and Use
Limitation Opinion. E�
Date:
` - Steven T. e ling,LSP
I..
COMMONWEALTH OF MASSACHUSETTS
ss 2022
On this C day of February, 2022, before me, the undersigned notary public, personally
appeared Steven T. Fleming (name of document signer), proved to me through satisfactory
evidence of identification, which were j�/ C , ,�C/C�% f-= ,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.
As LSP for Robert M. and Kathy A. Adam,Trustees
(official signature and seal of notary)
g r3'
Upon recording,return to:
Robert W. and Kathy A.Adam,Trustees,K&R Realty Trust RITA A. CORNELIO
2 Penny Lane UCf
Notary publicOMMONWEALTH OF MASSACHUSETTS
Peabody,Massachusetts 01960 My Ma mission Expires
cn s, 2aza
EXHIBIT A
LEGAL DESCRIPTION OF LAND CONTAINING AREA
SUBJECT TO THE ACTIVITY&USE LIMITATION
nK7ora-Pcsso
a{e.dnrva{Ra au{4aw at[e algemVLL Lewa IoaNl M.
pALPB 8.pAPDY.
a reebody, fee" Crronty,tdtutadAmeth
Nhtf patrrnfle,fa a9tmldageiw pad and is funoattldrntbn of 005.000.00
mEd[eaats Wsk$W Y.ADM and taunt A.bb1N,!exertion of K i R R4elty Tat, under '
beclaration of trust dated Web 31, 2983,to be recorded harewl us
tl,
of 60 Harris Road,lyres,t%4 Whb 4"Idabe Wasmau
Ihabsal4g
(b.wetvke d.Nea/ersn.r wl
A parcel of land.togdttar with the bulldtrde thereon in Baled,rfautachusetta,known
et Kv. 34 W toe Street,s1w.m on 4 plan dated Ranch 1944,drawn by babrvae b.V-UIe,
surveyor,tvooradd with r4aeK 6o4tn elet[lct registry of peach,In book 3462.PAge 64,
and bowdedc
IMITIMMERLY by Beaten Street.forty-two and 32/100(42.32)foetr
Gouru61mmv by land tww or foawocir of Coughlin,reventy-five and 30/100
415.01 faetf
mmr.RnT= by land am or formerly of 6oaghlia,gevonteea dn4 06/100 07.301
feetr
BO=g&Vr=y by land now or rou*rly of Koski,on tto It)COureaP,vas WOW
B flpa and 70/loo(3os.101 feat and nirAw-five and 17A00 195.17)
fe.tt
Souti efstrKLY by lan4 totmerlr wad as a Right Of May,olnety and 61/100 4209631
forts end
H01dRHC WKY by lend now or formerly Of Sylvania 61-VIC Prodaets.lncod two
p hundred ee"Aty-tvo and Win 1272.507 loot,
Fay together ulth all right,title?and Interest to and to Hie parcel Of Stud Iy3tq Wtveca
„ the South w na
Southwest boundary of the Wow-deserlbrd pYthi9 t and land narked tww or fOxwerly
o!aeoaey on the above- nlied p3m.
amid prealsea dery seb)ect to the 12 foot Right of Roy mvar4 free,hasten ft[eet A
digtanea of stwnty-avo sad 30/I00 475.10) C00%to ahwa on gold plan,01-9 to the
drainage ra4eaeRt rafPrrad to fb onto to rranels R.Tuttle rovorded in book 1007.Pa59
1%.alga to the water tage"t to the City of Valet,get forth In inatratent rawKdtd
in book$049,Page 205,al"to the■war aasmmnts to the City of Sales set torch In
lnetrap4ats raoord{d in book 1249,page 600 astd book 19R9r Page 101.alto B*Jttt to
and Pith the benefit of the Right of wow Along the muthwoet Part of avid brenlsea,so
far ae all or the goad may be opplltahle,and In rvrvv.
a
per title,ate deed dated RACdia 17. 1976,recorded with rasa tmgiatry or faded,
rook 6224,raga$70.
lit
(NndKNJ-144T-9-Ttanal in Cm -Yt ne.bf Ile smixty)
6H7078 PG36i
Iftitoo FOY hand m%d seal this da?of ..................1003
........................... ��w
......................
............... ................. ............................
Wit ISS11"MOMM14 of mitaollplullks
2640., n3. H.=ls 32, IpOJ
17mi personally appeand the abovopamed kalph 3.Fardy,
1-ta
...............
?An*V an. W.ORfl3MjHA,.jh",,Aj pjW.L__e,ji.lV#T.j lqy
SO.ESSEX#164 Bk:40706 Pgy:134
021041202211:16 AM DEED Pg f12
eRecorded
QUITCLAIM DEED
The City of Salem,Inc.,a municipal corporation.duly organized and existing by law in
the County of Essex,Commonwealth of Massachusetts,
In consideration of One and 001100 Dollars($1.00),
With quitclaim covenants grant to Robert W. Adam and Kathy A.Adam,Trustees of the
K&R.Realty Trust,a/d/t dated March 31, 1983 and recorded with the Essex South District
Registry of Deeds in Book.7078,Page 352,of 31 R-Boston Street,Salem,Essex County,
Massachusetts,
The land,with any structures thereon,containing 2,875 square feet of land as referred in
the Final Judgment in Tax Lien Case recorded with the Essex South District Registry of Deeds in
Book 10797,Page 292.
The City of Salem has received the statements required to be filed by each grantee
hereunder pursuant to Massachusetts General Laws,Chapter 60, Section 77B.
11
The City of Salem has complied with the provisions of Massachusetts General..Laws,
h
Chapter 44,Section 63A regarding payment of taxes.
For title reference,see the above mentioned Final Judgment in Tax.Lien Case recorded
M with said Deeds in Book 10797,Page 292.
t;
v
a
0
w` [SIGNATURES AND NOTARY ON FOLLOWING PAGE)
W11
Witness the execution hereof this,�O—day of January,2022.
c
Kathleen McMahon,Treasurer
COMMONWEALTH OrMASSACHUSETTS
ESSEX,SS.
�h
Oil this ( day of January,2022,before me,the undersigned notary public,personally
appeared Kathleen McMahon,as Treasurer for the City of Salem,proved to me through
satisfactory evidence of identification,which was 0enortallk, ni;j;t,A ,to be the person
whose name is signed on the preceding or attached document, nd acknowledged to me that she
signed it voluntarily and as the voluntary act of the company,for its stated purpose.
* JOANNE AL ROOMEY
Not" d91%O wMw6%%dMd"aftens Nota1 ublic
rysycamm a�Ex�tresw�ustte,zate My S. w-Aission Expires: ��e �G'
EXHIBIT A
LEGAL DESCRIPTION OF PARCEL OF LAND CONTAINING THE AREA SUBJECT TO
THE ACTIVITY& USE LIMITATION
Lot 2 Legal Description
A certain parcel of land at the rear of 31 Boston Street in in the City of Salem, Massachusetts, in
Essex County also known as No. 31R Boston Street, shown on a plan dated February 8, 2022, by
Vineyard Engineering & Environmental Services, Inc. of Medford, Massachusetts, entitled
"Compilation Plan of Land 31R Boston Street, Salem, MA, comprising 2,753 + SF and recorded
with Essex South District Registry of Deeds, in Book 40716, Page 594 (the "Plan"), which is
further bounded and described as follows:
Beginning at a point at the northwest corner of the lot, said point being two hundred seventy-two
and 50/100 feet(272,50 feet) South 44° 32' 48"West of Boston Street; thence running in the same
direction:
South 44°32' 48" West thirty and 02/100 feet(30.02 feet)by land now or formerly of
Craig Barcelo to a point; thence turning and running
South 47° 35' 14"East ninety-two and 03/100 feet(92.03 feet)by land now or formerly
of Salem Heights Preservation Associates to a point; thence turning and running
North 43' 35' 47"East thirty and 01/100 feet(30.01 feet)by land now or formerly of
City of Salem to a point; thence turning and running
North 47° 35' 14"West ninety-one and 53/100 feet(91.53)by other land of the grantee to
the point of beginning.
Containing 2,753 square feet, more or less, according to said Plan.
Together with all rights, title, and interest in and to the parcel of land as shown on the above-
mentioned plan.
EXHIBIT B
SKETCH PLAN SHOWING BOUNDARIES OF AREA SUBJECT TO
THE ACTIVITY&USE LIMITATION 1N RELATION TO
BOUNDARIES OF PROPERTY AND DISPOSAL SITE
EXHIBIT $ REFERENCES:
SKETCH PLAN LOCUS DEED:BK. 7078 PG. 360
PLAN IN DEED BK. 3462 PG. 64
3 1 R BOSTON STREET PLAN BK. 369 PLAN 21
SALEM,MASSACHUSETTS DEED BK. 1007 PG. 196 (12' ROW & DRAIN EASEMENT)
Plz1::R-1, ED BY DEED BK. 1048 PG. 105 (WATER EASEMENT)
DEED BK. 1988 PG. 103 (SEWER EASEMENT)
Vineyard Engineering neering & PLAN IN DEED BK. 1949 PG. 600 (SEWER EASEMENT)
E n vir"onmen tal Services In e. RECORDED AT THE ESSEX
SOUTH REGISTRY OF DEEDS
Land .S'urvey & F..rw3rorrnHraai Se�•virs^>
17 So!em Street, Medford, MA M55 NOTES:
761.03.3330 ax: 761 333.3:{34
Vineyardeng.cam 1. THE SUBJECT PROPERTY IS DEPICTED AS PARCEL 58 ON
40 0 40 80 160 SALEM ASSESSOR'S MAP 25.
2. OWNERS OF RECORD ARE:
SCALE: V=40' DATE:01-U7-2022 PROJECT.2936 FNV K&R REALTY TRUST
ROBERT W. do KATHY A. ADAM, TRUSTEES
2 PENNY LANE, PE BODY, MASSACHUSETTS.
1610
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rn N/F VAMA1CHUSEM E1EM OD. / �• / `*
TrVAP
25 LOT as
PEMR BASS
DISPOSAL SITE BOUNDARY,
PROPERTY BOUNDARY, P 17M'
AND AREA SUBJECT TO AUL
LOTI
19,64bt SQ.F f.
Fi 0. :l wi5T9h Mrr:'
<' YAP 23+AT 67
KAF JWKY u1Po
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i1'1ASONRY ,`l
LOTS
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EXHIBIT C
LSP OPINION
ACTIVITY AND USE LIMITATION
COMMERCIAL PROPERTY
31R BOSTON STREET
SALEM, MASSACHUSETTS 01970
DEP RELEASE TRACKING NUMBER 3-37160
In accordance with the requirements of the,Massachusetts Contingency Plan (MCP) (310
CMR 40.1074), this Activity and Use Limitation (AUL) Opinion has been prepared in
support of a Notice of Activity and Use Limitation for the property located at 3 IR Boston
Street in Salem,Massachusetts ("Property"). As of the date of recording of the Notice of
Activity and Use Limitation("Notice") with the Land Registration Office of the southern
Essex Registry of Deeds, the Property at 31R Boston Street is occupied by one slab-on-
grade building, owned by K&R Realty Trust. The building is used for commercial use
and was recently used as an automobile body shop. The building is currently vacant. The
Disposal Site area includes the entire property, and the area subject to the ALL,known as
the AUL Area, is inclusive of the entire Property, as noted on the figure shown in
EXHIBIT B.
Site History
A Phase I Environmental Site Assessment (Phase I ESA) was performed at the Site in
2021 by Vineyard Engineering & Environmental Services, Inc. (Vineyard) relative to a
potential real estate transaction. The assessment included records research and a site
inspection. The Site and Site area were development prior to 1890 as tanneries and
associated businesses. In 1947, the Site was occupied by Universal Machine Company.
Since circa 1969, the Site has been used as an auto body shop. The current building was
constructed in 1920, with two small additions in 1980 and 1984. The Phase I ESA
concluded that the Site may contain impacts from the industrial history of use as a
tannery and machine shop.
A Phase II Environmental Site Assessment (Phase II ESA) was performed in August
2021 by EBI Consulting of Burlington, Massachusetts on behalf of a prospective buyer
and was summarized in a report dated September 2, 2021. Soil assessment included the
installation of six soil borings (EB-01 through EB-06)and laboratory analysis for volatile
organic compounds (VOCs) and RCRA 8 metals. Low concentrations (relative to DEP
standards) of four petroleum-related VOCs were detected in samples EB-03 and EB-06.
Low concentrations of several metals were also detected all six of the samples. However,
concentrations of arsenic and lead were detected in soil samples from EB-01, EB-02 and
EB-06 at levels above Massachusetts Contingency .Plan (MCP, 310 CMR 40.0000)
reportable concentrations for S-1 soils (RCS-1).
During the drilling, EBI collected groundwater samples from all borings, except EB-03,
by installing temporary one-inch diameter PVC wells in each boring and collecting
samples using a peristaltic pump (the wells were riot developed). The samples were
submitted for laboratory analysis for VOCs and RCRA 8 total metals. The PVC wells
were then removed, and the borings backfrlled the same day.
Low concentrations (relative to DEP standards) of two petroleum-related VOCs were
detected in samples EB-01 and EB-02. Low concentrations of several metals were also
detected all of the samples. Concentrations of lead were the only metals detected in
samples from EB-04 and EB-05 at levels above MCP reportable concentrations for GW-2
groundwater (RCGW-2). However, EBI indicated in their report that groundwater
samples were still turbid after field filtering and that results of metals are most likely
reflective of solids in the samples.
Vineyard was requested by the property owner to review the Phase II ESA findings. The
presence of metals in Site soils was considered consistent with the industrial nature of the
Site history. However, the concentrations of the metals detected in groundwater were
considered suspect, based on conversations with EBI representatives and since the
samples were collected from temporary wells that were not developed to remove
sediment.
Vineyard reassessed the soils and groundwater in October 2021 at the same locations as
EBI and at other locations to further characterize the Site. Soil borings were advanced
and soil samples were collected for metals field screening and laboratory analysis. The
results of soil analyses were similar to those obtained by EBI. Vineyard installed
permanent wells at four locations. The wells were developed to remove sediment, and
samples were collected, filtered in the field, and submitted to an independent state
certified laboratory for arsenic and lead analyses.
Lead was not detected above the laboratory's detection limit in any of the groundwater
samples above the laboratory's reported detection limit. Arsenic was detected at low
concentrations in the samples from VES-4 and VES-6 and was not detected in the sample
from VES-5 above the laboratory's reported detection limit. Where arsenic was detected,
the levels were well below the DEP's Method 1 risk standards. Results such as these
suggest that soil impacts are not adversely impacting groundwater at the Site and further
indicate that initial sampling and analyses completed using temporary undeveloped wells
were not representative of Site conditions.
The Site conditions were subsequently reported to the Massachusetts Department of
Environmental Protection (DEP) on November 16, 2021 and Release Tracking Number
(RTN)3-37160 was assigned to the Site for the metals detected in soil.
The metals-impacted soils at the Site appear to be the result of the industrial history of the
Site and site area as tanneries and possibly a machine shop. The impacted soils are
distributed horizontally throughout the Site, as samples collected from eight of 13 borings
installed in August and October 2021 exhibited elevated concentrations of lead and, to a
lesser extent, arsenic. The impacted soil extends to a maximum depth of 10 feet below
grade.
Groundwater does not appear to be impacted by the contaminated soils. Samples
adequately filtered to remove sediment indicated no concentrations of arsenic above
applicable standards, and no detectable concentration of lead
Reason for Activity and Use Limitation
Assessment activities at the Site included the collection of soil and groundwater samples.
A Method 1 Risk Characterization was performed to support the PSS for the Site. The
results of the risk characterization indicated that the levels of arsenic and lead detected in
the soil do not pose a significant risk to human health, safety, public welfare, and the
environment for activities and uses consistent with the commercial use of the property,
including emergency utility work and/or short-tern (six months or less) construction
projects. However, a risk to human health from lead may exist under unrestricted future
use scenarios if the Site is used for residential, school or child daycare purposes,or where
children are present at high frequency and intensity of use. An increased potential for
exposure would also occur if the Site were to be used for the growth of fruits and
vegetables for human consumption. In order to maintain a level of No Significant Risk
under future foreseeable site activities and uses, an AUL is necessary to limit and/or
prevent exposure to lead in soil. Because the source of the metals is the historic fill soils
identified at the Site and in the Site area,the AUL was placed on the entire Site.
Activities and Uses Consistent with the AUL Opinion
The AUL Opinion provides that a condition of No Significant Risk to health, safety,
public welfare or the environment exists for any foreseeable period of time (pursuant to
310 CMR 40.0000) so long as any of the following activities and uses occur on the
Property:
(i) Activities and uses of the site for commercial or industrial proposes,
including, but not limited to pedestrian and vehicular traffic, and
landscape/routine ' maintenance, and activities which do not involve the
disturbance or relocation of soils or removal of pavement in the AUL area;
(ii) Excavation associated with emergency or short term (six months or less)
underground utility and/or construction work, which is likely to encounter
impacted soil, provided that the impacted soil, if removed, is properly handled,
contained and returned to the excavation or properly disposed off-site;
(iii) Such other activities or uses which, in the Opinion of an LSP, shall present
no greater risk of harm to health, safety, public welfare or the environment than
the activities and uses set forth in this Paragraph; and
(iv) Such other activities and uses not identified in Paragraph 2 as being
Activities and Uses Inconsistent with the AUL.
Activities and Uses Inconsistent with the AUL QDpinion.
(i) Use of the property for a residential, school or child daycare facility or
other such use at which a child's active exposure to soil may potentially occur;
(ii) Use of the property for the cultivation of fruits and vegetables destined for
human consumption (e.g., gardening or farming) and the cultivation of
ornamental plants;
(iii) Any activity, with the exception of short-term excavation (not more than
six months in any calendar year), including but not limited to excavation, which is
likely to disturb contaminated soil or pavement unless it is conducted in
accordance with a Soil Management Plan and a Health and Safety Plan, as
specified under Obligations (i) and (ii) of this Opinion; and an LSP renders an
Opinion which states that such activity is consistent with maintaining a condition
of No Significant Risk;
Obligations and Conditions. If applicable, obligations and/or conditions to be undertaken
and/or maintained at the Property to maintain a condition of No Significant Risk as set
forth in the AUL Opinion shall include the following;
(i) A Soil Management Plan must be prepared by an LSP and implemented
prior to the commencement of any activity at the Site that involves the
disturbance, excavation, or removal of soil or pavement in the ALL Area, with
the exception described in paragraph 1 (ii) above. The Soil Management Plan
must describe appropriate soil excavation, handling, storage, transport, and
disposal procedures in accordance with the MCP and cited at 310 CMR 40.0040
et. seq. and include a description of engineering controls and air monitoring
procedures necessary to ensure that workers and receptors in the vicinity are not
affected by fugitive dust or particulates. On-site workers must be informed of the
requirements of the Soil Management Plan, and the Plan must be available on-site
throughout the course of the project.
(ii) A Health and Safety Plan must be prepared by a Certified Industrial
Hygienist or other qualified individual sufficiently trained in worker health and
safety requirements and implemented prior to the commencement of any
activities, which involve the removal and/or disturbance of soil or pavement in the
area subject to the Notice of AUL. The Health and Safety Plan must clearly
describe the nature and extent of the contamination, location of the impacted soil
and specifically identify the level and types of personal protective equipment,
monitoring devices, and engineering controls necessary to ensure that workers
and other sensitive receptors are not exposed to arsenic and lead through dermal
contact, ingestion, and/or inhalation of fugitive dust. Workers who may come in
contact with the impacted soil within the designated AUL Area must be informed
of the location of the contamination and all requirements of the Health and Safety
Plan. The Plan must be available on-site throughout the course of the project and
provide Safety Data Sheets (SDS), the concentrations that would pose a
significant risk, and information on hazard communication to workers and
appropriate health and safety training.
LSP: , Date r
Steven T.Fleming, License&Professional
EXHIBIT D
DOCUMENTATION OF SIGNATORY AUTHORITY
9K7o78 Pr•3�2
DECLARATION Or TELST
w a R REALTY TRUST
Robert W. Adam and Kathy A. Adam, (hereinafter. •Grantors,y.Y
jr.SeAPr,
of Lynn, Essex County, or eueeessor In treat will hold eny amd
all property (reaL, personal and mixed) and interest in
property that may be transferred to or acquired by thom os
Trustees hereunder, 19 TRUST, for the cola benefit of the
beneficiaries for tbr.tlme being hereunder. upon the terns
harem set forth. namely as followar
1.
The Trust hereby established may be raferted to as the K i
R RSALTy TRUST.
fl.
The original beneficiaties Of this Trust are the persona
listed ar beneficiaries in the Schedule of Senefltlartes this
day executed by the Grantor• end filed with the Trusteast and
the interest of the beneficiaries are as stated in said
Schedule.
1II.
The beneficial interest in thin Trust is not assignable or
tranfetable and any attempted assignment or transfer of said
beneficial Interest. in whale or to part, shall be witboat
Legal effect. Any Trustee oay rithout impropriety he or become
a beneficiary with the same affect as though he or she were not
• Trustee.
f
!i
i ilt'IO'/8 M353
1
i
I
i -z-
i ly.
The Trustees shall have full power and authority to sell,
i mortgage, assign„ transfer, pledge, borrow, lend, liquidate,
f
iand otherwise deal with or dispenno all or any part or parts of
the trust property; and to execute and deliver leases,
subleases, agreements, and other instrument&with respect to
the trust property, any or all of which may extend beyond the
date of the rumination of the Trust; and to borrow money (with
or without security), and execute and deliver notes and other
evidence$ of such borrowings; and to grant or acquire rights or
easements with respect to the trust property# and to give
releases, discharges, and extensions$ provided that the
I Trustees shall not be required to take any action so directed
ffll which will in the opinion of the Trustees Involve them in any
personal liability unless first indemnified to the reasonable
satisfaction of the Trustees. These provisions shall not II
affect or impair the rights or persons relying upon the public
record as provided in Paragraph VII hereof.
V.
The Trustees for the time being hereunder shall not be
liaole for any error of jadgment nor for any Lose arising out
of any act or omission in the execution of the Trust so long as
they act in good faith, but shall be responsible only for their
own willful breach of trust. No leave or license of court
I�
6)(7078 P4354
shall be requisite to the validity of any tianaaction entered
into by the Trustees.
VT.
No purchases, tranaforee, pledgee. mottgagoo of other
lender shall be under any tesponsibility or liability to see
the application of any purchase coney, or of any money loaned,
or property loaned or delivered to the Trusteos, or to ace that
the tests and conditions of this Trust have been complied With
or performed.
Wit.
tvery agreement, mortgage. pledgee note, assignnentr
transfer check, extension, releaseo discharge and other
vsiting, document or instrument by the persons appeasing from
the records in the seaem booth Reglatsy of Vacua, to be the
Trustees heteunder. shall be conclusive evidence In favor of
evety person relying thereon or claiming thereunder, that at
the time of the execution, and delivery thereof this Trust sae
In full force and affect@ and that such instrueent is valid.
binding, effective, and legally enforceable.
Vill.
Any person dealing with the Trust property or the Trustees
may always rely on a certificate signed by any person appeasing
True. the records of the Registry to be a Trustee beteundet as
to vho ace the Trustees or Who era the beneficiaries hereunder.
�! 01(7076 PG355
II -4-
Ilor as to the existence of non-existence of any fact or facts
which constttute conditions precedent to act by the Trustees or
are in any other manner germane to the affairs of the Trust.
ix.
The Trustees may open, maintain and, at will, close out any
checking and savings accounts and safe deposit boxes in any
bank, banks, trest companies, federal savings and loan
_ assoclatlona; and other banking, lending, or other financial
�) instltutions, and the Trostees may deposit funds and other
assets of the Trust to such .institutions and as Fe deposit
boxes, and may disburse such funds on checks signed by either
Trustee, or by any person or persons authorized, in writing, by
the Trustees so to do, and may withdraw such funds and other
assets on instruments of withdrawal signed by either Trustees
t or by any person or persons authorised, in writing, by the
!I Trustees so to do. Each such institution shall honor all
checks and other instruments signed by such person or persons
authorized by the Trustees to so sign, and permit such person
or persons to have access to such safe deposit boxes; and such
institutions may rely fully on the TrustoesO signed
authorisation so to do as filed by the Trustees with each
institution.
x.
A Trustee hereunder may resign by written instrument signed
and acknowledged by such Trustee and recorded in the sold
i
R7078 P6356
-s-
Registry. A Sueeessor Trustee nay be appointed by an
Instrument or instsueents signed by all of the life Interest
beneficiaries. However. no such appointmeat by the said
beneficiaries shall be effective until a Certificate signed and
acknowledged by the Trustees sf record (in said Registry) shall
have been recorded in said Registry, settle% forth the coat of
such appointment and the aeceptaRee in writing by any Suceemeor
Trustee so appoiated shall have been similarly recorded. 'The
Title to the Trust estate shall vest in any tech succeeding
Trustee, without the necessity of any sale, transfer,
assignment, or conveyance. Any succeeding Trustee %hall have
all the rightst poveras authority and priviledgas as it named
as an original Trustee hereunder, Ho Trustee shalt be required
to furnish bond.
X1.
Sa every written contract mado by the Trustees, reference
shall be had to this instrument, and any person contracting or
dealing with the Trustee shall Look to the trust cotpu$and not
to the Trustees individually nor to the beneficiaries for
payment of any debt@ note, mortgage, judgment or decree or any
Other obligation or of any money that may otherwise become due
and payable by reason of the failure on the part of the
Trustees to perform such contract in whole of in part of for
any other cause or reason.
_ _ .
f4(,7078 PG357
I
XfI.
Thr. aucatLon of this Trust shall be far no more than twenty
j (20) years from the date of death of the survivor of Robert W.
I1 Adam and Kathy A. Adam. In case of termination, the Trustees
shall set over, assign, transfer and convey the entire Trust
i property and estate, subject to any leases, mortgages,
contracts, or other encumbrances on the trust estate, to the i
beneficiaries in proportion to their respective interests, and
ftoe of all trusts.
XIII.
I This Declaration of Trust nay be amended, altered of
` revoked by an instrument In writing signed by the Grantors._ In
f
the evont of the death of one of the Grantors, this Declaration
of Trust may be amended, altered or revoked by an instrument in
w;Sting signed by the surviving Grantor.
XIV.
All roferences to the Trustees apply to substitute,
s uccessot or additional Trustees where the context so permits;
words used in the plural shall include the singular and words
fn the masculine gender shall include feminine and the feminine
shall include the masculine where the context so permits.
XV.
In the event of the death of one of the Trustees,
hereunder, the surviving Trustee shall become the sole
RK/o78 Pr,35P.
r
Trastee. In toe event of the death of both Trustees.
hereunder, where no successor *trustee has boon named. then any
beneficiary of this Trust. or his legal representative!. may
petition the Probate Court to Appelot a successor Trust*/.
M.
The Trustees shall manage the Trust estate in the best
interests of the beaeficiariesq and shall have the right to
make such distributions of ineome, or otherwise accumulate
lneeme, which they in their sole disdretion deem apptopriato.
&rp"#V S,A%wi
NZTNES6 THE EXECUTION hereof/under seal by theATrusstees i
horeinabove named this :;J' day of ��%r.��r�✓�
I
La the yeat One Thousand Nine Hundred Eighty-Three.
• RT ` DIWr��} �Ii
MUM A DAN,.�!e�
fIC s.
81t7074 PG359
i
I fI
COMMONWEALTH OP"MASSACHUSETTS f
[ ESSEX, Sst - _ 3�11983.Is~Jrod
E
Then personally appeared the above named Rohert W. AdamAaui
/fJS/TC.sw�
acknowledged the foregoing instrument to he his free act and •
deed.
• Hefore me, i
1 NOT, PU C /
i Hy commission expires. JTf/
1 /
1_ COMMONWEALTH OF MASSACHU9E /S�',/
L.. ESSEX. SS: �, 1983.
Then personally appeared the above-named Kathy A. AdamAand
; : ✓know aredge{
acknowled the foregoing Snatrument to be her free act and
deed.
ROTARY 'USL1 old
My commission expires;
tree[so. R1:APMgj�ri9r3'.S6�.P�8'r„ „„Q,j[.Tf�.+3•�3
I
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I
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