44-60 BOSTON STREET - BUILDING JACKET I
=' 44-60 BOSTON STREET
-T
GZA Eaginee>s and
GeoEnvironmental,Inc. Scientists
April 30, 1999
File No. 21647-C,PC
Mayor's Office Zoning Official
Salem City Hall Salem City Hall
93 Washington Street One Salem Green
Salem,Massachusetts 01970 Salem,Massachusetts 01970
Gzx Board of Health Building Code Enforcement Official
9 North Street Salem City Hall
Salem,Massachusetts 01970 One Salem Green
Salem, Massachusetts 01970
Re: Notice of Activity and Use Limitation
320 Needham Street 60 Boston Street Site
Newton Upper Falls Salem,Massachusetts
Massachusetts DEP Site No. 3-0427 and 3-16766
02464-1594
617-969-0050 Dear Sir/Madam:
FAX 617-965-7769
http://..gza.ne[
On behalf of OSRAM SYLVANIA Products, Inc., GZA GeoEnvironmental, Inc. (GZA) is notifying you
regarding the filing of a Notice of Activity and Use Limitation (AUL) for the 60 Boston Street Site in Salem
Massachusetts. A copy of the Notice of AUL is attached. The Notice was recorded in the Essex County
Registry of Deeds on April 22, 1999. This submittal is provided in accordance with 310 CMR 40.1403(7)(a).
Very truly yours,
GZA GEOENVIRONNMMENTAL,INC.
� 4( 11 %
C �
Charles A.Lindberg,LSP
Principal
CAL:bso
A subsidiary of GZA Attachment
GeoEnvironmental
Technologies,Inc. cc: DEP NERO
G:\21647.Z4d\21647-OO.1KCVdAOW.ULN.doc
An Fqual Opportunity Employer M TX/H
1 1 FORM 1075 310 CMR 40.1099
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
n M.G.L. c. 21 E, §6 and 310 CMR 40.0000
Disposal Site Name: 60 Boston Street 04/22/99 ?;,7 inst. ;:,ly
DEP Release,Tracking No.(s): 3-0427 15621
C�G !
This Notice of Activity and Use Limitation ("Notice") is made as of this .Z1 day of
21 I✓ 19_!�3 by OSRAM SYLVANIA PRODUCTS, INC., 100 Endicott Street,
Danvers, Massachusetts (collectively "Owner").
WITNESSETH:
WHEREAS, OSRAM SYLVANIA PRODUCTS, INC., of Danvers,
Massachusetts, Essex County, Massachusettsis the owner in fee simple of that certain parcel
of vacant land located in Salem, Essex County, Massachusetts ("Property");
WHEREAS, said parcel(s) of land, which is more particularly bounded and described
in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of
Activity and Use Limitation. The Property is shown on a plan recorded and/or registered in
Essex County Registry of Deeds/Land Registration Office in Plan Book 313, Plan 54;
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 (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.21 E ("Chapter 21 E") and the Massachusetts Contingency Plan, 310
CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human
access to and contact with oil and/or hazardous material in soil [and/or groundwater] and/or (b)
the restriction of certain activities occurring in, on, through, over or under the Property. The
basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion'),
dated April 21,1999 (which is attached hereto as Exhibit C and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set
forth in said AUL Opinion are as follows:
1. Permitted Activities and Uses Set Forth in 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 consistent with the construction and use of an industrial,
retail or commercial building similar to the 13,600 square foot, 'single-story
commercial building evaluated as part of the risk characterization or with the
use of other commercial retail/industrial structures at the site which would be
provided with vapor barriers and passive sub-slab venting systems, or which
have been specifically evaluated by a Licensed Site Professional (LSP);
(ii) Commercial retail and industrial uses of the property perrlii '� rodia i 3 1
that the soil located within the designated hot spot area (Boring B-102 at a
depth below 10 feet) remains inaccessible. Landscaping and routine
maintenance of landscaped areas within the designated AUL area which does
not cause and/or result in direct contact with, disturbance of, and/or relocation
of, the soil in the designated hot spot area are also permitted activities;
(iii) Construction activities which involve excavation below the water table (which
typically ranges from 2 to 7 feet below ground surface) may be conducted
within the designated AUL area after preparation and implementation of a
Health and Safety Plan and a Soil Management Plan. The Health and Safety
Plan should consider direct contact exposures and inhalation of vapors and
particulates. The Soil Management Plan should specify excavation procedures,
staging areas, and off-site disposal locations;
(iv) Activities and uses which are not prohibited by this Notice of AUL; and
(v) 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.
2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which
are inconsistent with the objectives of this Notice of Activity and Use Limitation, and
which, if implemented at the Property, may result in a significant risk of harm to
health, safety, public welfare or the environment or in a substantial hazard, are as
follows:
(i) Construction activities which involve excavation below the water table (which
typically ranges from 2 to 7 feet below ground surface) are prohibited without the
prior development and appropriate implementation of a Health and Safety Plan and
a Soil Management Plan to prevent exposure(s) via ingestion, dermal contact,
and/or inhalation;
(ii) Relocation of the soil currently located within the designated hot spot area is
prohibited unless such activity is first evaluated by an LSP who renders an Opinion
which attests that a condition of No Significant Risk is maintained, consistent with
the provisions of the MCP.
(iii) Construction of any building at the Site which differs significantly from the specific
structure evaluated during the risk characterization without the installation of a
vapor barrier and a passive sub-slab venting system unless a specific evaluation by
an LSP concludes that the proposed structure would not pose a significant risk of
harm to future occupants.
(iv) Removal of, or any activities which damage and/or compromise the effectiveness of,
any vapor barriers and/or passive sub-slab venting systems following construction.
(v) Use of the Site as a residence, school, day care facility, nursery, playground,
recreational area or similar use where a child is likely to be present on a regular
basis
(vi) Use of the Site for agricultural purposes.
3 Obligations and Conditions Set Forth in the AUL Opinion. 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:
(1) A Soil Management Plan must be developed by a Licensed Site Professional prior to the
initiation of any construction activities involving excavation below the water table within the
designated AUL area; i
(II) A Health and Safety Plan must be prepared and implemented prial{o tt 4. oF��3y i X_
construction activities involving excavation below the water table at the site. The Health
and Safety Plan must be prepared by a Certified Industrial .Hygienist or other qualified
individuals sufficiently trained in worker health and safety protocols. Workers who may
come in contact with soil within the designated AUL area must be informed of its location
and the specific personal protection and monitoring requirements of the Health and Safety
and Soil Management plans.
(III) Should excavation in the designated hot spot area (Boring B-102 at a depth below 10 feet)
area be deemed necessary, there shall be no permanent relocation of contaminated soil to
surficial and/or more accessible areas of the property..
(IV) Any future building construction on the eastern portion of the site must include the
installation of a vapor barrier and a passive sub-slab venting system to prevent the
migration of volatile organic compounds into the building unless a specific evaluation of the
proposed structure completed by an LSP indicates that a vapor barrier is not required.
(V) Following building construction, any passive sub-slab venting systems and vapor barriers
that are required must be properly maintained to effectively prevent vapor intrusion into the
building.
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 an LSP who shall
render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the
proposed changes will present a significant risk of harm to health, safety, public
welfare or the environment. Any and all requirements set forth in the Opinion to meet
the objective of this Notice shall be satisfied before any such activity or use is
commenced.
5. Violation of a Response Action Outcome. 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 an LSP in accordance with 310 CMR 40.1080 et seq., and without
additional response actions, if necessary, to achieve or maintain a condition of No
Significant Risk or to eliminate substantial hazards.
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 an LSP in accordance with 310 CMR 40.1080 et seq., 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. Mortgages. Leases. and Instruments of Transfer. This
Notice shall be incorporated either in full or by reference into all 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.
Owner hereby authorizes and consents to the filincf 'd r ams r •??T
registration of this Notice, said Notice to become effective w ex c e s l
by the undersigned LSP, 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 0 _day o 19qL.
Owner
COMMONWEALTH OF MASSACHUSETTS z
Essex , ss April + ,19 99
Then personally appeared the above namedjeanncS �and acknowledged the
foregoing to be his/her free act and deed before me,
tary Public:
y Commission Expires: ilp4-%�
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and
Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his/her
Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said
Activity and Use Limitation Opinion.
Date: P-! `� LSP
`SR,.y EA j
Q CSaMnLCJw�YP�`
COMMONWEALTH OF MASSACHUSETTS
"�rarry"`
, ss
Then personally appeared the above named a d acknowledged the foregoing to
be his/her free act and deed before me,
_ Notary Public:
My Commission Expires: /Q/o2y
Upon recording, return to:
Ms. Jeanne Schmeichel
OSRAM Sylvania Products, Inc.
100 Endicott Street
Danvers, Massachusetts 01923
ifi. � i
1 .62 1 PG 2=4
EXHIBIT A
PROPERTY DESCRIPTION
'i = "� 5
K Deed Description 1 ~162= j+ JGq:
Commencing at a angle point on the Southwest corner marked
P .O.B . on the northerly side line of Boston Street near the
intersection of Federal Street as shown on a Plan Titled "Plan of
Land at Boston Road and Bridge Street in Salem, MA by Daylor
Consulting Group, Inc . filed January 8 , 1996 in Plan Book 313 ,
Page 54 : thence
N 560-25 ' -30" W Two hundred eighty three and twenty two
hundredths (283 . 22) feet along the
northeast side line of Boston Streetto a
point; thence
N 040-16 ' -01" E Twenty and forty nine hundredths (20 .49)
feet along the easterly sideline of
Bridge Sreet to a point; thence
Northeasterly On a curve to the right with a Radius of
thirty five and no hundredths (35 . 00)
feet and a Length of thirty and nineteen
hundred that (30 . 19) feet to a point;
thence
N 530-411 -38" E Three hundred fifty six and eight
hundredths (356 . 08) feet to a point;
thence
Northeasterly On a curve to the right with a Radius of
two hundred sixty eight and sixty eight
hundredths (268 . 68) feet and a Length of
one hundred twenty seven and twenty
hundredths (127 . 20) feet along the
southwesterly sideline of Bridge Street
to a point; thence
N 800-49 ' -09 " E One hundred twenty eight and twenty four
hundredths (128 . 24) feet along the
southwesterly sideline of Bridge Street
to a point; thence
S 113-42 ' -26" W One hundred thirty nine and no
hundredths (139 . 00) feet by Lot lA to a
point; thence
S 170-38 ' -36" E One hundred forty seven and ninety three
(147 . 93) feet by Lot lA to a point;
thence
S 710-25 ' -49" W Thirty and seventy six hundredths
(30 . 76) feet by land of Connelly to a
point; thence
S 71°-21 ' -42" W Seventy and fifty eight hundredths
(70 . 58) feet by land of Apostoloff to a
point ; thence
N 230-46 ' -45" W Ten and eighty six hundredths (10 . 86)
feet by land of Sullivan to a point ;
thence
S 700-37 ' -33" W Sixty three and sixty two hundredths
(63 . 62) feet by land of Sullivan to a
point; thence
S 590-47 ' -33 " W Sixty five and seventy five hundredths
(65 . 75) feet by land of Connelly to a
point ; thence
S 500-49 ' -09" W Sixty and twenty nine hundredths (60 . 29)
feet by land of Markunas to a point;
thence
S 340-21 ' -24 " W One hundred ten and thirteen hundredths
(110 . 13) feet by land of Marchand and
Berube to- the point of beginning.
Said Lot depicted on the above referenced plan having an area of
139, 381 more or less square feet or 3 . 20 acres .
BK 11 ,5162. 1 r r � T•"1
EXHIBIT B
SKETCH PLAN OF DISPOSAL SITE
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re 9 6
Y••I (IWNDARV OF PROPERTY $ V Ir°rj M'Yii
SUBJECT TO AUL AND
. DISPOSAL SITE BWNDART NDRM RIVER CMI°1 R n
i..
LLI STREET
a_ IpLoA HeS _ Ih_[_— a acw Asoma xarw
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LOT IA
/ vos AC. 6 d i m
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LOCUS PLAN
NOT TO SCALEjSAAr
SF
0
I°rm- Im
n
,. ' Itora"�•. 1. Av'e`i..m
\ \pp LOT 2A ,-..mc J , $
Iiio ecsr. x� wno Z r
wOe D 11600 ; Urn
SWME FELT sib Y
I f2
1-5IORY RETYL
51RUCNRC �NrT �N
Isrm-M `W!`'rL� mrQr ryFA m ArF ii3V°m � �< �1t1
anti \ `r� Imm-w crm.an NOTES'. I tll
UU'' 4S�K'� m�rrir�f I) BASE MAP WAS DEVELOPED EA ON A PLAN
Q ENTITLED -PLAN OF LAND AT BOSTON ROAD j I _I
OST - I°ros°' m.u1 AND BRIDGE STREET W SALEM, mr^
0N\ 3f°V MASSACHUSETTS-, PREPARED BY CUTLER
s O
S I°1p1_w r�uAr ASSOCIATES. INC. DATED DECEMBER 1, 1996. m
�efl
2) B-SERIES EXPLORATIONS N OCTOBER BY
ANDHALEY2 AND ALDRICH BETWEEN OCTOBER 23
AND 28. 1997.
mm'm
'mni° J0'yF ET SERIES EXPLORATIONS PERFORMED BY
GZA
15m Ofj RP StRf" G2A MARCH ZJ AND 28. 1996.
mmivr 1 FF-p6 a) S-SERIES SOIL SAMPLES WERE COLLECTED
�4. 4 BY CZA IN MARCH AND APRIL 1996. PROJECT No
5) A-SERIES EXPLORATIONS PERFORMED BY
1992.
RGURE Nn 47
e Qt„ ENPRO SERVICES. INC. IN DECEMBER )'
O Qp
r,K 15 Ji �
EXHIBIT C
AUL OPINION
BK 156221 PG 24
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use
Limitation (AUL) Opinion has been prepared to support a Notice of Activity and Use
Limitation for the Disposal Site and AUL area as defined in Exhibits A and B attached
hereto. The subject 3.1 acre property is zoned for commercial use and is presently vacant.
Site History
Historically, site use has consisted of light industrial manufacturing and Research and
Development in the lamp industry. Site buildings for these operations were demolished in
1996. A Licensed Site Professional (LSP) Evaluation Opinion prepared by GZA
GeoEnvironmental, Inc. (GZA) on behalf of OSRAM SYLVANIA, Inc. (OSI], [now
OSRAM SYLVANIA Products Inc. (OSPI)], was submitted to the Department of
Environmental Protection (DEP) on March 21, 1995. The LSP Evaluation Opinion pertained
to two underground storage tank (UST) release incidents on the 60 Boston Street property as
follows:
• An approximate 25- by 45-foot No. 4 fuel oil disposal site located adjacent to the
former on-site J Building; and
• An approximate 25- by 60-foot No. 2 fuel oil disposal site located near the former
entrance to the OSPI facility in the east portion of the site.
The UST closures were performed in 1992 and 1993. Following DEP review of the March
1995 LSP Evaluation Opinion submittal, no outstanding issues were identified with respect to
the No. 2 fuel oil disposal site. GZA conducted a Method 3 Risk Characterization' dated
October 1995 for the No. 4 fuel oil disposal site. Additional risk characterization submittals
dated May and September 1996 were also completed. GZA's studies indicated that
groundwater located at about 4 feet below grade in a portion of the site contained
concentrations of certain chlorinated aliphatic volatile organic compounds (CVOCs),
notably vinyl chloride, trichloroethene, and cis-l,2-dichloroethene, which exceeded their
respective Category GW-2 Groundwater Standards pursuant to 310 CMR 40.0974(2).
Further, it was concluded that soils located at about 2 to 5 feet below grade under a portion
of the site contained concentrations of total petroleum hydrocarbons (TPH) which exceed
Soil Category S-1, GW-2 Standards pursuant to 310 CMR 40.0975(6).
DEP issued a Notice of Audit Findings on February 5, 1996 regarding the March 1995 LSP
Evaluation opinion. GZA subsequently conducted additional field explorations and
completed a supplemental risk characterization. DEP then issued an Audit Closure Letter
on November 1, 1996 recommending filing of an AUL for the Site. Implementation of the
AUL was deferred pending resolution of future development plans for the property.
Method 3 Risk Characterization, No. 4 Fuel Oil Disposal Site, Osram,Sylvania, Inc., 60 Boston Street,
Salem,Massachusetts,RTN-3-0427,dated October 1995.
241
BK
C• r,
During a due diligence investigation for a proposed sale of the property in 1997, additional
constituents were detected in soil and groundwater at the Site. GZA notified DEP on
behalf of OSPI and a second Release Tracking Number (RTN) was assigned to the Site
(RTN 3-16766).
Reason for Activitv and Use Limitation
The Massachusetts Contingency Plan indicates that a level of No Significant Risk to safety
exists or has been achieved if the conditions at the site, which are related to a release of oil,
or hazardous materials, do not currently, and will not.in the foreseeable future, pose a
threat of physical or bodily injury to people. Current and reasonable foreseeable future
conditions at the site and in the surrounding environment were compared to applicable or
suitable analogous safety standards and no release-related conditions were identified which
may pose a threat of physical harm or bodily injury to people. Therefore, based on this
comparison, a level of No Significant Risk to safety exists or has been achieved.
A Method 3 risk characterization was completed in accordance with the MCP to assess
potential risks to human health posed by residual contamination at the Site. This risk
characterization concluded that Site conditions do not pose a significant risk to human
health under current Site usage. Our Method 3 risk assessment also indicated that, for the
future use scenarios we considered, Site conditions generally did not pose a significant risk
to human health. Inasmuch as the Method 3 risk characterization assumed limited future
site usage (commercial/industrial) and controls on future excavation work, an AUL is
required to prevent activities which could pose a future risk.
Permitted Activities and Uses
(i) Activities and uses consistent with the construction and use of an industrial, retail or
commercial building similar to the 13,600 square foot, single-story retail building
evaluated as part of the risk characterization or with the use of other commercial
retail/industrial structures at the site which would be provided with vapor barriers and
passive sub-slab venting systems, or which have been specifically evaluated by a
Licensed Site Professional (LSP).
(ii) Commercial retail and industrial uses of the property are permissible, provided that the
soil located within the designated hot spot area (Boring 102 at a depth below 10 feet)
remains inaccessible. Landscaping and routine maintenance of landscaped areas within
the designated AUL area which does not cause and/or result in direct contact with,
disturbance of, and/or relocation of, the soil in the hot spot area are also permitted
activities;
(iii) Construction activities which involve excavation below the water table (which
typically ranges from 2 to 7 feet below ground surface) may be conducted within the
designated AUL area after preparation and implementation of a Health and Safety Plan
and a Soil Management Plan. The Health and Safety Plan should consider direct
contact exposures and inhalation of chlorinated VOC vapors and particulates. The Soil
Management Plan should specify excavation procedures, staging areas, and off-site
disposal locations;
K 15 Li
(iv) Activities and uses which are not prohibited by this Notice of AUL; and
(v) Such other activities and 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.
Prohibited or Limited Site Activities and Uses
(i) Construction activities which involve excavation below the water table are
prohibited without the prior development and appropriate implementation of a
Health and Safety Plan and a Soil Management Plan to prevent exposure(s) via
ingestion, dermal contact, and/or inhalation.
(ii) Relocation of the soil currently located within the designated hot spot area is
prohibited unless such activity is first evaluated by an LSP who renders an Opinion
which attests that a condition of No Significant Risk is maintained, consistent with
the provision of the MCP.
(iii) Construction of any building at the Site which differs significantly from the specific
structure evaluated during the risk characterization without the installation of a
vapor barrier and a passive sub-slab venting system or a specific evaluation by an
LSP that concludes that the proposed structure would not pose a significant risk of
harm to future occupants.
(iv) Removal of, or any activities which damage and/or compromise the effectiveness
of, any required vapor barriers and/or passive sub-slab ventings system following
construction.
(v) Use of the Site as a residence, school, day care facility, nursery, playground,
recreational area or similar use where a child is likely to be present on a regular
basis.
(vi) Use of the Site for agricultural purposes.
Obligations and Conditions Set Forth in the AUL Opinion
Obligations and/or Conditions to be undertaken and/or maintained at the Disposal Site in
order that a condition of No Significant Risk may be maintained shall include the
following:
(1) A Soil Management Plan must be developed by a Licensed Site Professional prior to
the initiation of any construction activities involving excavation below the water table
within the designated AUL area;
(11) A Health and Safety Plan must be prepared and implemented prior to the initiation of
any construction activities involving excavation below the water table at the site. The
Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other
bK. 1 =IrIA 1
qualified individual sufficiently trained in worker health and safety protocols.
Workers who may come in contact with soil within the designated AUL area must be
informed of its location and the specific personal protection and monitoring
requirements of the Health and Safety and Soil Management plans.
(IIl) Should excavation in the designated hot spot area (B-102 at a depth below 10 feet) be
deemed necessary, there shall be no permanent relocation of contaminated soil to
surficial and/or more accessible areas of the property.
(IV)Any future building construction on the eastern portion of the site must include the
installation of a vapor barrier and a passive sub-slab venting system to prevent the
migration of volatile organic compounds into the building unless a specific evaluation
of the proposed structure completed by an LSP indicates that a vapor barrier is nor
required.
(V) Following building construction, any required passive sub-slab venting systems and/or
vapor barriers must be properly maintained to effectively prevent vapor intrusion into
the building.
LSP Signature C A'zr- s A. L"'Wk!b� Date q a ??
u1i
OF
Seal
LI�705Erav � nor
_
NO. 689 1 Qj /
GISTSP<. ar
\\GZAMA2VOBS\21647.Z4D\21647- TS\RAO\EXHIBITC.DOC
BK 15621 PG 244
EXHIBIT D
AUL OPINION FORM
J
Massachusetts Department of Environmental Protection BWSC-114
Bureau of Waste Site Cleanup
Release Tracking
ACTIVITY & USE LIMITATION (AUL) OPINION FORM
Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 3 427
COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR REGISTERED
WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE.
A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL:
Disposal Site �(1 Rosinn Str--i
Street: Location Aid: R 1 562 {! PG A
Cfyfiown: 4nl-m SYr=o( ZIP 01970-0000
Address of property subject to AUL,if different than Street:
Cityfiown: ZIP
B. THIS FORM IS BEING USED TO: (check one)
Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074(complete all sections of this form).
^I Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4)
(complete all sections of this form).
Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3)
(complete all sections of this form).
Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071,(complete all sections of this form).
Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3)(complete all sections of this
form).
Provide the LSP Opinion for a Release of Environmental Restriction,pursuant to 310 CMR 40.1083(2)(complete all sections of this form).
C. LSP OPINION:
I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal,including any and all
documents accompanying this submittal. In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR
4.02(1),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge,
> if Section B indicates that a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use Limitation that is
the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(ii)
complies with 310 CMR 40.1074(1)(b);
> if Section B indicates that an Amended Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1);
> if Section B indicates that a Termination of a Notice of Activity and Use Limitation is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and(ii)complies with 310 CMR 40.1083(3)(a);
> if Section B indicates that a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use Limitation that is the
subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 E and 310 CMR 40.0000 and(ii)complies
with 310 CMR 40.1071(1)(b);
> if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and(ii)complies with 310 CMR 40.1080(1)and 40.1081(1);
> if Section B indicates that a Release of Grant of Environmental Restriction is being registered and/or recorded,the Activity and Use
Limitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR
40.0000 and
I am aware that significant penalties may result,including,but not limited to,possible fines and imprisonment,if I submit information which I know
to be false,inaccurate or materially incomplete.
1I II Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),permit(s)and/or approvals)
issued by DEP or EPA. If the box is checked,you MUST attach a statement identifying the applicable provisions thereof.
SECTION C IS CONTINUED ON THE NEXT PAGE.
Revised 5/8/95 Do Not Alter This Folin Page 1 of 2
J
Massachusetts Department of Environmental Protection BWSC-114
Bureau of Waste Site Cleanup
Release Tracking
ACTIVITY & USE LIMITATION (AUL) OPINION FORM
Pursuant to 310 CMR 40.1070-40.1084(Subpart J) 3 1 - 427
C. LSP OPINION: (continued) 4
LSP Name. rnnri-, J indherr LSP#: 6801 Stamp:
Telephone Ext.: + C dARL'^^�:'
�y O
H _
FAX. _ __ �:, A
LIWDEER
M0
LSP �( �/ '2" "'7 'F* . 589�0
q !� 31STSQ`
Date Li -I
YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS
FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE.
BK 156:21 FG A6
Revised 5/8/95 Do Not Alter This Form Page 2 of 2
Cite of 6alem, fHaggaCbU!6Ctt5
Public Prapertp -Department
�Ruilbing Department
One.6alem green
(978) 745-9595 C-xt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
May 3, 1999
DeVellis Associates, Inc.
2310 Washington Street
Suite 320
Newton, Ma. 02462
RE: 44-60 Boston Street
Dear Mr. DeVellis:
Fer our telephone conversation, the property located at 44-60 Boston Street is in a
(Zone A) area of 100 year flood zone. Base flood elevation and hazard factors not
determined. The nearest flood elevation (EL-10) recorded on the map is located
approximately three quarters (3/4) of a mile the north of this property. This being the
case and with my understanding that you are anticipating on finish floor elevation of
being (EI 14), 1 do not anticipate to require any flood zone construction treatments or any
provisions for compensatory flood storage. I will require special treatment as far as
proper piles being driven and geo tect information.
If this office can be of any further assistance in this or any other matter, please do not
hesitate to call.
Sincere ,
Peter Str ut
Zoning Enforcement Officer
APR.'-29' 99 (THU) 09 11 GELLER/NEIVBURY ASSOC TEL 6176309393 P. 001
u'
HE DEVELLIS
BE E j ASSOCIATES, INC.
LAND PLANNING
CIVIL ENGINEERING
2310 Washington Strcct
Suite 320
Ncwton, MA 02162
Phone; 6179642195
Fax: 617 630 9593
FAX COVER SHEET
TO: Mr.Peter Strout DATEITIM: April 29, 1999
Salem Building Inspector 9:00 am
One Salem Green ���,,,���777
FROM: James I.DeVellis,P.E. fIRY ' PHONE: 138f-745-9595
�`1 FAX: 1-'W-744-5915
RE: Osco Drug Store NUMBER OF PAGES INCLUDING COVER
Bridge Street SHEET: 2
Salem
Dear Peter,
Thank you for taking the time to assist me with the flood zone issue. I am
faxing the letter stating the determination made from Leo Tremblay from
March of 1997.
We met with the Planning Board recently and they requested this
information. If you could draft a letter to my attention stating your
departments jurisdiction over this issue and stating a determination, I will
submit this letter in my package to the Planning Board.
Please give me a call at(617) 964-2195 if you have any questions.
Thank you.
VON DeVellis Associates
Como L
r��o and Planning I Civil Engineering
James J. DeVellis,P.E.
Principal
2310 Washington Street
Suite 320 Phone:(617)964-2195
Newton,MA 02162 Fax:(617)630-9593
i 1 Q SALEM, MA
a" 'ER1 'S OFFICE
(111ty of "ittlPm, usBadjusetts
3 -
Poarb of PX#Feal
1998 DEC -1 P 2: 4-
DECISION
: 4"DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 44-60 BOSTON STREET N
A hearing on this petition was held November 18, 1998 and continued to
December 2, 1998 with the following Board members present: Nina Cohen,
Ronald Harrison, Richard Dionne, Michael Ward and Steohen Buczko. Notice
of the hearing was sent to abutters and others and notices of the hearing
were properly oublished in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting on Lot A, Variance for use and dimensional
requirements in a buffer zone in a BPD district, Lot B, Variance from
relief on buffer zone requirements for the property located at 44-60
Boston Street.
The Variance which has been requested may be granted upon a finding of this
board that: V
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Aooeal , after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner has an agreement to purchase a site at 60 Boston Street
consisting of 3 .2 acres of undeveloped land formerly used by Osram
Sylvania in association with their electric light business. This
site is zoned for Business Park Development (BPD) under the City of
Salem Zoning Map.
2. Petitioner, who was represented by Joseph Correnti , Esq . , of Serafini,
Serafini & Darling. sought three variances from the zoning ordinance.
The most highly contested variance was the request to develop a retail
drugstore on a 1 .81 acre lot at the southeast edge of the site, with
frontage on Boston St. and Bridge St. Petitioner also sought variances
to enable the or000sed drugstore and a second or000sed structure, a 3
story office building, to be built fifty feet from the rear orooerty
line, which is within a mandated 75 foot buffer zone.
3 . Petitioner met with the Federal Street Neighborhood Association on or
about October 13, 1998. At that meeting, following a presentation on
oetitioner's proposal , the neighborhood association elected to oppose
the application.
DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 44-60 BOSTON STREET
page two
4 . The Zoning Board of Appeals heard arguments on Kennedy Development' s
petition at its regular meeting on November 18, 1998. At that meeting
the Board reo'uested additional information regarding the issue of the
traffic impact of the drugstore on traffic flow on Boston and Bridge
St. Petitioner agreed to continue the hearing on the oetition in order
to present an analvsis of traffic impact, and a second hearing the Board
was scheduled for December 2, 1998.
5. At the December 2, 1998 hearing, Bruce Campbell of Transportation
Engineers & Planners, presented an analysis of the proposed
development's traffic impact. The architect presented rendering of the
proposed structures, including elevation drawings . The developer, Tom
Kennedy, was also present.
6. With respect to the legal issues, petitioner argued that the existence
of a retail zone on the southern side of the property (across Boston St)
and of a residential zone on the property line to the southeast creates
a situation that would make literal enforcement of the zoning ordinance
a hardship . The Board made no finding on the issue.
7. Vigorous opposition accompanied both presentation before the Board. The
Board heard critical comment from more that 45 Salem residents.
including 3 members of the City Council (Two City Councillors, Regina
Flynn and Scott McLaughlin were strongly opposed, Joan Lovely, explained
that due to a conflict she was unable to take a _oosition) .
8 . Residents voiced concern about the impact of the or000sed retail use
of traffic flow through the intersection of Boston and Bridge Sts .
(which is currently rated at a Level of Service F. according to Mr.
Campbell , the traffic expert) , the impact of additional soill-over
traffic on adjacent street, including Federal St. , the failure to
explore alternate sites, the impact on property values within the
historic district adiacent to the site, the impact of a low-end use uoon
a site that is in the entrance corridor to the Citv of Salem. the
failure to adhere to the City of Salem Zoning Ordinance, the failure
to adhere to the Citv of Salem Master Plan, the impact of the proposed
development upon planned state-funded imorovements to the Bridge Street
corridor, the presence of several other drugstores, including a planned
Walgreen's across Boston Street, the absence of demand for additional
such stores , and the precedential value of "snot zoning" .
9 . The Board also received a petition in opposition to the or000sed
development, signed by 25 Salem residents.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general .
2 . Literal enforcement of the orovisions of the Zoning Ordinance .would
involve substation hardship to the petitioner.
3 . Desirable relief can be ;ranted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
n
o �c,
rn �;
J o r
n:
N r'1 i
D
r
DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 44-60 BOSTON STREET
page three
On the basis of the above findings of fact, and on the evidence presented
at the hearing; the Zoning Board of Appeal voted 4-1 to grant
the variance requested, subject to the following conditions :
1. Petitioner shall comply with all city and state statures, ordinances;
codes and regulations .
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any
construction.
5 . Petitioner is to obtain approval from anv Citv Board of Commission
having Jurisdiction including, but not limited to, the Plannine Board
6. A Certificate of Inspection shall be obtained.
7. Applications for building permits on Lot A and Lot B shall be Dulled
simultaneously.
S . Hours of operation for drug store use shall be Monday thru Saturday
8:00 a.m. to 10:00 P.m. and Sunday 8:00 a.m. to 6:00 D.m.
Variance Granted /y` /� CSC \
December 2; 1998 /JC ',-'//K_/�-_� h�J
Nina Cohen. Chairman
Board of Appeal
4 COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chanter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearine the certification of the Citv Clerk that 20
days have elapsed and no aooeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
r
Board of Appeal -
r'<,
ca 'O
w�l
�l )
N y
J
APR. -30' 99 (FR1) 15: 13 GELLERINENURY ASSOC TEL:6176309593 P. 001
ONE DEVELLIS
NEON
1001 ASSOCIATES, INC.
LAND PLANNING
CIVIL ENGINEERING
2310 Washington Sueet
Suitc 320
Newton, MA 02162
Phone- 6119642195
Fu: 611630 9593
FAX COVER SHEET
TO: W.Peter Strout DATE/TIME: April 29, 1999
Salem Building Inspector 9:00 an
One Salem Green
FROM: James J.DeVellis,RE, PHONE: i-7X1 745-9595
FAX: 1. 81-744-5918
RE: Osco Drug Store NUMBER OF PAGES INCLUDING COVER
Bridge Street SHEET: 2
Salem
Dear Peter,
Thank you for taking the time to assist me with the flood zone issue. I am
faxing the letter stating the determination made from Leo Tremblay from
March of 1997.
We met with the Planning Board recently and they requested this
information, If you could draft a letter to my attention stating your
departments jurisdiction over this issue and stating a determination; I will
submit this letter in my package to the Planning Board.
Please give me a call at (617) 964-2195 if you have any questions.
Thank you, dyer,e✓ %�
00
� -
�ql�p� Vie-
APR. -30' 99)FRI) 15: 13 CELLER/NEWBURY ASSOC TEL 6176309593 P. 002
Titg of 0§ttlem, masoaclluBetts
]Public t1roperlg Elepartmrnt
Nuilbing bepartatent
(@ne 6flum Breen
5BB-745.9595 Fit. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
March 25, 1997
Geller Associates Inc .
2310 Washington Street
Newton, Mass, 02162
RE: 44-60 Boston Street
Dear Mr. DeVellis:
Per our telephone conversation, the property located
at 44-60 Boston Street is in a (Zone A) area of 100 year
flood zone. Base flood elevation and flood hazard factors
not determined. The nearest flood elevation (E1-10)
recorded on the map is located approximately three
quarters (3/4 ) of a mile to the north of this property.
This being the case and with my understanding that you are
anticipating on finish floor elevation of being (El 14) , I
do not -'anticipate to require any flood zone construction
treatments or any provisions for compensatory flood
storage . I will require special treatment as far as
proper piles being driven and geo tect information.
If this office can be of any further assistance in
this or any other matter, please do not hesitate to call .,
Sincerely,
Leo E . Trembla
Zoning Enforce t Officer
LETo sem
i
i p of 6aiem, fHa!5q;atbuq;ett!5
Public Propertp Mepartment
Wuilbing Mepartment
One baletn &reen
(978) 745-9595 e-xt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
NOTICE OF VIOLATION
Date �YICIV
Owner's Name 0S-Z'(� rr
Address /cc.> 'E '' s
�1��� M •� O/T? 3
Regarding Property at y� pco—tz� 5-i
DearO r�Z
Based upon the findings of the inspection detailed below, the Board of Health
and Building Department determine that the following violation(s) exist at your
property cited above:
-13.
(1z 4FiS 2 Jrl1K J
(=)(R
You are ordered to correct the violations listed above within 30 days of
receipt of this letter.
Failure to comply within 30 days may result in a criminal complaint sought
against you in Housing Court, or after 30 days the City may correct the
violations and impose a lien on your property to recover the costs of such
action.
This inspection was conducted in accordance with Massachusetts General Law,
Chapter 111, Sections 127A and 127 B and 105 CMR 410.602(A), of Chapter II,
State Sanitary Code, Minimum Standards of Fitness for Human Habitation, and
Section 12-56 et seq. of the Code of Ordinances, City of Salem, Massachusetts
at the above cited property. This inspection was conducted by_�::
for the oar of Heal h�n� , S_G�2I(5_for the Building Department
on �6�p2 J, J)o !
You have the right to request a hearing before the City Council. A request for a
hearing must be received in writing in the Office of the City Clerk and the Director
of Public Property within 10 days of receipt of this Order. At the hearing, you will
be given the opportunity to present evidence as to why this Order should be
modified or withdrawn. You may be represented by an attorney. You have the
right to inspect and obtain copies of all relevant inspection or investigation
reports, orders, and other documentary information in the possession of the
Board of Health and Office of Public Property, and that any adverse party has the
right to be present at the hearing.
j
nc 7 '
et r rou Joanne Scott
Director of Public Property Health Agent
cc: James G. Gilbert, Assistant City Solicitor
Thomas Philbin, Mayor's Chief of Staff
Clean or Lien 2
0('4910DOWnwe"
Titu of 0$ttlrm, Massar4usrtts
Public Propertg i9epartment
Nuilbing i9epwment
(One de(rm (Brun
500-745-9595 gxt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
March 25 , 1997
Geller Associates Inc .
2310 Washington Street
Newton, Mass . 02162
RE : 44-60 Boston Street
Dear Mr. DeVellis :
Per our telephone conversation, the property located
at 44-60 Boston Street is in a (Zone A) area of 100 year
flood zone . Base flood elevation and flood hazard factors
not determined. The nearest flood elevation (E1-10 )
recorded on the map is located approximately three
quarters ( 3/4 ) of a mile to the north of this property.
This being the case and with my understanding that you are
anticipating on finish floor elevation of being (E1 14 ) , I
do not anticipate to require any flood zone construction
treatments or any provisions for compensatory flood
storage . I will require special treatment as far as
proper piles being driven and geo tect information .
If this office can be of any further assistance in
this or any other matter, please do not hesitate to call .
Sincerely,
1--7V7('�
Leo E. Trembla
Zoning Enforce t Of
LET: scm
Mar-?5-97 11 :38A Newbury Dsgn/Geller Assoc 1-617-630-9491 P.02
MEMORANDUM
® DATE: March 24, 1997
TO: Mr. Leo Trembley
Geller Associate., Inc.
,Site 'lunnin¢
City of Salem Building Inspector
I
Landscape Archilccuvr,
FROM: James J. DeVeilis, P.E.
2110 Washington Street62q
Newton, MA P RE: Information Request
617;244-9521 Route 107&Bridge Street Property
FAX:617/630-9971
Dear Mr. Trembley,
Thank you for the time and insight regarding my inquiry into the property located at the
northeast corner of Route 107 and Bridge Street. This property is the site of the former
Sylvania Electric building.
As we discussed, associated with this parcel is a FEMA designated 100 yr. Flood Zone A. This
particular zone doesnot have a base flood elevation and hazard factor designated to it
according to FEMA: It is,my understanding that this determination is to be made by the building
inspector.
Currently, my client is investigating the feasibility of developing this parcel with a building and
associated parking. The Zone A delineation bisects the building which will be approximately set
at elevation 14.
Can your office provide an elevation for this Zone A and/or indicate what requirements if any
will be necessary in the form of providing compensatory flood storage on-site if the building
encroaches into the zone.
Please call me at(617)244-8521 if you have any questions.
Thank you
77 Nonh Washington Stlect
nasion, MA 02114
361 Hanover titreei
Ponsmnolh, NII 03901