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45-53-59 BOSTON STREET - WALLGREENS PROJECT - BUILDING INSPECTION
45-53 .59 Boston STreet Wallgreens Project �11j1/tf�ClQl� ^WIL Fec,e;;-c., EPG 90330 Na.953L iiAWJHGS,V H 12-30-1998 7:43PM FROM ELECTRIC-DEPT- 978 745 4638 P. 1 o CITY OF SALEM, MASSACHUSETTS ELECTRIC DEPARTMENT 44 LAFAYETTE STREET SALEM, MA 01970 TEL. (978) 745-6300 FAX (978) 745-4538 STANLEY J. USOVICZ, JR. MARK ROCHON, WIRE INSPECTOR MAYOR TO,:-WITCHES KETTLE 4c BOSTON.STREET SALEM, MA 01970 CERTIFIED MAIL: 7002 2030 0004 6711 0436 PETER & STEVEN LYGOMENOS 40 BUTTONWOOD LANE PEABODY, MA 01960 CERTIFIED MAIL: 7002 2030 0004 6711 0443 FEBRUARY 12; 2004 SUBJECT: FIRE LOCATED WITCHES KETTLE AIR HANDLER THE SALEM FIRE DEPARTMENT AND MARK ROCHON, WIRE INSPECTOR, WERE SENT TO INVESTIGATE THE FIRE IN THE AIR HANDLER LOCATED BEHIND THE WALL AT THE REAR OF THE BAR ON DECEMBER 28, 2003. THE BAR MANAGER CALLED DINTS ELECTRIC TO DISCONNECT THE HEATING SYSTEM AND MAKE SAFE DUE TO THE FIRE. AN ELECTRIC PERMIT WAS PULLED FOR THE EMERGENCY DISCONNECTION OF THIS EQUIPMENT. THIS OFFICE HAS NOT RECEIVED AN ELECTRICAL PERMIT TO REPAIR THE DAMAGE CAUSED BY THE. FIRE. BSC CABLES ARE BADLY RUSTED FROM WATER DAMAGE BELOW THE UNIT. THE OUTSIDE PART OF THE UNIT IS IMPROPERLY WIRED WITH INDOOR CABLE. THE INSIDE UNIT THAT CAUGHT FIRE HAS NO DISCONNECT AND IS IMPROPERLY WIRED. PLEASE TAKE THE NECESSARY STEPS TO REPAIR THE DAMAGED ELECTRICAL EQUIPMENT AND WIRING. LEV1INS0N A S S O C I A T E S, L. P. Transmittal To: Mr.Peter Strout Date: December 16, 1999 City of Salem Building Department One Salem Green Salem,Ma 01970 Project: Walgreen Drug Store 1104595 Project No.: 97324.000 Proctor&Boston Salem,MA LA NO: 97324.000 We are sending you herewith the following via X overnight _delivery service Copies Designation Subject Date 1 Zerox copies Test reports 11-08-99 thru 11-30-99 12/16/99 Remarks: For your files. LEVINSON ASSOCIATES , L.P. By: \ks� Harold S. Goldstein Projects Administrator cc: H:Walgreens/1997/97324.000/Cor-ca/Strout06-t(1) l ONE GREENWAY PLAZA, SUITE 880 HOUSTON, TEXAS 77046.0102 713.850.7660 FAX 713.850.8250 A R C H I T E C T U R E 9 P L A N N I N G 0 1 N T E R 1 0 R D E S I G N U U TTTTTTTTTT S S S U U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 CONCRETE INSPECTION REPORT II DATE 11/08/99 20 Mr. James Stuhmer Job No. UTS 5756 Lawrence S . Levinson, AIA Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046 Conc . Co. Bardon Trimount CLASS CONCRETE 4000# 3/4" * CUBIC YARDS 235 ASTM C-39 _ TEST SAMPLES LOCATION 4 cylinders Slab: column line A at line 5 : Slump: 4 1/211 , air temp . 35 , conc . temp. 65, truck #6, ticket #1828511, time 8 : 00 4 cylinders Slab: column line C. 5 at line 4 . 5 : Slump: 4 3/411 , air temp. 40, conc . temp. 65 , truck #1, ticket #1828514 , time 9 : 30 4 clyinders Slab: column line A. 5 at line 3 . 5 : Slump: 4 1/411 , air temp . 40 , conc . temp. 65, truck #19, ticket #1828520, time 11 : 00 4 cylinders Slab: column line B at line 2 . 5 : Slump : 4 1/211 , air temp. 40 , conc . temp. 65, truck #20 , ticket #1828531, time 12 : 30 TESTS ACCORDING TO ASTM:C-172 C-31 . C-143 C-1064 LAB DATE DATE AGE NO. SIZE AREA CAST TESTED DAYS P.S . I . M025 6x12 28 . 27 11/08/99 11/15/99 7 4, 070 M026 6x12 28 . 27 11/08/99 12/06/99 28 5, 590 M027 6x12 28 . 27 11/08/99 12/06/99 28 5, 910 M028 6x12 28 . 27 11/08/99 12/06/99 28 5, 380 M033 6x12 28 . 27 11/08/99 11/15/99 7 3 , 780 M034 6x12 28 . 27 11/08/99 12/06/99 28 4 , 740 M035 6x12 28 . 27 11/08/99 12/06/99 28 4 , 950 M036 6x12 28 . 27 11/08/99 12/06/99 28 5, 060 M037 6x12 28 . 27 11/08/99 11/15/99 7 3 , 400 M038 6x12 28 . 27 11/08/99 12/06/99 28 4 , 920 M039 6x12 28 . 27 11/08/99 12/06/99 28 5, 100 M040 6x12 28 . 27 11/08/99 12/06/99 28 5, 060 M041 6x12 28 . 27 11/08/99 11/15/99 7 3 , 430 M042 6x12 28 . 27 11/08/99 12/06/99 28 4, 990 M043 6x12 28 . 27 11/08/99 12/06/99 28 4 , 950 M044 6x12 28 . 27 11/08/99 12/06/99 28 4 , 780 REMARKS : to po arset, mix I .D. 404101 U T S OF MASSACHUSETTS, I C. INSPECTOR: Reviewed Field- C. Harr-12 Hours + 1 Hr.Tr. By: Steven T. Crabtree U U TTTTTTTTTT S S S U U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 CONCRETE INSPECTION REPORT II DATE 11/08/99 21 Mr. James Stuhmer Job No. UTS 5756 Lawrence S . Levinson, AIA Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046 Conc . Co. Bardon Trimount CLASS CONCRETE 4000# 3/4 " * CUBIC YARDS 235 ASTM C-39 TEST SAMPLES LOCATION 4 cylinders Slab: column line C at line 2 : Slump: 4 1/211 , air temp. 40 , conc . temp. 65, truck 119, ticket #1828538, time 2 : 15 4 cylinders Slab: column line X. 5 at line 1 . 5 : Slump : 4 3/411 , air temp. 40, conc . temp. 65, truck #20, ticket #1828547, time 3 : 55 Total placement : S .O.G. column line A to column line D at lines 1 through 5 . TESTS ACCORDING TO ASTM:C-172 C-31 C-143 C-1064 LAB DATE DATE AGE NO. SIZE AREA CAST TESTED DAYS P.S . I . M017 6x12 28 . 27 11/08/99 11/15/99 7 4, 210 M018 6x12 28 . 27 11/08/99 12/06/99 28 5, 520 M019 6x12 28 . 27 11/08/99 12/06/99 28 5, 380 M020 6x12 28 .27 11/08/99 12/06/99 28 5; 340 M021 6x12 28 . 27 11/08/99 11/15/99 7 4, 240 M022 6x12 28 . 27 11/08/99 12/06/99 28 5, 660 M023 6x12 28 . 27 11/08/99 12/06/99 28 5 , 910 M024 6x12 28 . 27 11/08/99 12/06/99 28 5, 840 REMARKS : 1% po arset, mix I .D. 404101 U T S OF MASSACHUSETTS, ;PC. INSPECTOR: Reviewed Field- C. Harr By: Steven T. Crabtree RECEI��"� DED 141999 nSUn Nssoc�a�es,Inc. U U TTTTTTTTTT S S S U U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 CONCRETE INSPECTION REPORT II DATE 11/22/99 22 Levin Associates Job No. UTS 5756 Attn: Harold Goldstein Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046-0102 Conc . Co . Bardon Trimount CLASS CONCRETE 4000# 3/4" CUBIC YARDS 10 ASTM C-39 TEST SAMPLES LOCATION 4 cylinders Footing for compactor enclosure and dumpster enclosure slump 4 1/211 , air temp . 65, conc . temp . 78 , truck #31, ticket #1828936, time 3 : 45 TESTS ACCORDING TO ASTM:C-172 C-31 C-143 C-1064 LAB DATE DATE AGE NO. SIZE AREA CAST TESTED DAYS P. S . I . R092 6x12 28 . 27 11/22/99 11/29/99 7 3 , 470 R093 6x12 28 . 27 11/22/99 12/20/99 28 R094 6x12 28 . 27 11/22/99 12/20/99 28 R095 6x12 28 . 27 11/22/99 12/20/99 28 REMARKS : U T S OF MASSACHUSETTS/'NC. INSPECTOR: Reviewed Field- C. Lund By: Steven T. Crabtre .. U U TTTTTTTTTT S S S U U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 SOIL FIELD REPORT DATE 11-22-99 9 Mr. James Stuhmer Job. No. UTS 5756 Lawrence S . Levinson, AIA Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046 WEATHER: Sunny, 65 degrees PURPOSE: Observe earthwork construction EQUIPMENT OPERATING: 320B excavator, Mikasa plate compactor SUMMARY: The writer arrived at the project site at 1 : 00 PM and met with Jim Lester from Wrenn Construction. The purpose of this visit was to perform a soil inspection. The following was observed: three trenches were excavated -3 ' from existing grade using a 320B excavator. The base of each trench was compacted with the Mikasa plate compactor making repeated and overlapping passes . • The 320B excavator placed 6" -8" of crushed recycled material (F-C sand, corase gravel and 1" -3" stone) , then compacted with the Mikasa plate compactor making repeated and over- lapping passes . The base of trenches for compactor enclosure on east side of existing building, footing and trash bin enclosure footing appear stable and competent . These observations were related to Mr. Lester prior to departure . INSPECTOR: C. Lund Min day + 1 hour U T S OF MASSACHUSETTS, INC. travel Reviewed /� By: William P . Crabtre24� Procto C S t a s� -y—� `�TC�nc1.eS 7I Car lvJ r enclosur e C c-t o e.0 f -- Pope 5� 5 Richardson Lane f/-da _ 9 9 JOB.NAME:(de+'/� U !?e e '7 SC �fw2 FIELD � Stoneham, Ma 02180 / .- VA �Yks. Cevnctruction Testing PeODW van.IFrr Nn.- SKETCH U U TTTTTTTTTT S S S UU T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 SOIL FIELD REPORT DATE 11-30-99 10 Levin Associates Job. No. UTS 5756 Attn: Harold Goldstein Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046-0102 WEATHER: C ou y PURPOSE : Observe earthwork construction EQUIPMENT OPERATING: Excavator, plate compactor SUMMARY: The writer arrived at the project site at 7 : 00 AM and met with Jim Leiter from Wrenn Construction. The purpose of this visit was to perform a soil inspection. The following was observed: two areas were excavated today, the sign and trash tote areas . The existing soil was excavated down to a depth of approximately five feet, where suitable material was located and this base was compacted with a portable plate compactor making four passes over base . Next, about 10" -12 " of a recycled concrete material was placed and leveled and compacted by making four passes over this material . The sign footing was fabricated 1 'x9 'x11 ' on this . The trash tote locations were constructed in a similar manner and were formed using a 30" sonatube . These two areas were poured later in the day. These observations were related to Mr. Leiter prior to departure . INSPECTOR: P . Leavitt Max day + 1 U T S OF MASSACHUSETTS, INC. hour travel Reviewed By: William P. Crabtre'400c� PgoeTo R Sr S 1 G N -- �oo71N V 0 a \d44 GK E EN IN Z Foor1^' � I POPE 5T S Rchardson Iane JOB NAME: '���� �'E�A,) FIELD I- Stoneham, Ma 02180 • Tlte cpnstruction Testing People PROJECT NO.: 57 SKETCH Of PMfmthu+¢Ils Inc A /., ,� , ? n � � I tl 9 U U TTTTTTTTTT S S S U U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 CONCRETE INSPECTION REPORT II DATE 11/30/99 23 Mr. James Stuhmer Job No. UTS 5756 Lawrence S . Levinson, AIA Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046 Conc . Co. Bardon Trimount CLASS CONCRETE 4000# 3/4 " * CUBIC YARDS 2 1/2 ASTM C-39 TEST SAMPLES LOCATION 4 cylinders Footing: Sign footing slump 411 , air temp. 38 , conc . temp. 60 , truck #16, ticket #1228863 , time : 4 : OOPM Total Pour: Sign footing and trash tote footing Locations supplied by Jim Lighter TESTS ACCORDING TO ASTM:C-172 C-31 C-143 C-1064 LAB DATE DATE AGE NO. SIZE AREA CAST TESTED DAYS P. S . I . R436 6x12 28 . 27 11/30/99 12/07/99 7 3 , 960 R437 6x12 28 . 27 11/30/99 12/28/99 28 R438 6x12 28 . 27 11/30/99 12/28/99 28 R439 6x12 28 . 27 11/30/99 12/28/99 28 REMARKS : * 1% Po arset U T S OF MASSACHUSETTS, INC. INSPECTOR: Reviewed Field- P. Leavitt By: Steven T. Crabtree Of Massachusetts Inc. 1 °The Construction Testing People" DAILY REPORT OF CONCRETE POUR PROJECT:_ WpeGRCCAI S1LE M PROJECT NO: DATE: Nn✓: 3P - /999 AIR TEMPI ISS: TOTAL YARDS: LOCATION OF POUR: S, CIN KOO CT /Vo CO\JM1 fj t,ane s LOAD & SLUMP BATCHING TIME TIME IN TRCONC UCKIF INCHES IN OUT MINS YARDS TEMP % AIR TICKET# NO OF CYLS t& qRs INSPECTOR: TAvL Le gv,77- REMARKS: v TIME: SEE Soles ��Pow'T �VINrEp- �C-RVICc- 5 RIchardson Lane, Stoneham, Massachusetts 02180 (617) 438-7755 Fax (617) 438-6216 ,������® ��^. .., DEn�9�ss�' MAP.-29-1999 09:43 WRENN ASSOCIATE 603 ee3 4906 P.02i06 Walgreens Drug Store (SWC)Boston Street&Proctor Street Salem,MA 01970 99.2245 PROIECT DIRECTORY MANAGEMENT CONTACTS m Owner Suncor Development of Massachusetts,Limited. Tel. 281-492-7477 20701 Kingsland Boulevard,Suite 106 Fax: 281-492-8578 Katy,TX 77450 Toll Free: *Stuan Goldman Cell: 713-828-1182 Judy Pratt ..... . _ .... w .... . . ._ . .: r,n,m..,..-.., ._..... --- Walgreens RepresentativeWalgreens Company T ' 780955....,.._........._..._._.._.__., 200 Wilmot Road,MS#2201 Fax: 508-650-3949 Deerfield,IL 600154616 Toll Free: *Paul Sullivan, Superintendent Tel: 847-914-3714 Fax: 617-562-9542 Surveying Atlantic Design Tel. 508-888-9282 39 Pleasant Street Fax: 508-888-5859 Sagamore,MA 02561 Toll Free: *Ed Gless Cell: 508-274-1705 Consultant Haleyand Aldnd:. :�.,__:�...,,a.:..�..m..�........,.�....._Tel: 617-49411606.................M._,:..... Aldridge Fax: 617-886-7600 Cambridge,MA Toll Free: *Bob Hewitt Archie. ._,., w --, - .. ..., feet Lawrence S Levinson,AIA Tel. 713-850-7660 One Greenway Plaza,Suite 880 Fax: 713-850-8250 Houston,TX 77046 Toll Free: *Harold Goldstein,Shop Drawing Review Lawrence Levinson Jim Stuhmer, Project Administrator .... ....... Consultant PSS PartnershtpTel: 281-558-9500 2470 Gray Falls Drive,Suite 270 Fax: 281-493-9707 Houston,TX 77077 Toll Free: _ *Ivan P Electrical Engineer w": T R.H. George&Associates,Inc. Tel: 713-690-6300 8700 Jameel,Suite 150 Fax: 713-690-9030 Houston,TX 77040 Toll Free: *Charles Mueller MAR-29-1999 09:43 WRENN RSSOCIRTE 603 883 4906 P.03i06 Construction Manager Wrenn Associates,Inc. Tel. 603-883-7868 32 Daniel Webster Highway Fax: 603.883-4906 Merrimack.NH 03054 4816 Toll Free: 800-370.7868 Sherry Cousens, Administrative Assistant *Randy Cheyne,Project Manager Jeffrey Beal ....... Jobsite Wrenn Associates,Inc. Tel: (SWC)Boston Street&Proctor Street Fax: Salem,MA 01970 Toll Free: *Jeffrey Beal, Superintendent GENERAL CONTACTS Insurance Agent ' �mm w DeSanctis Insurance Agency,Inc. Tel: l 781-935-2420Trtm ., ..:.:.,,,,.,...... Ten Walnut Hill Park Fax: 781-933-5645 Woburn,MA 01801 Toll Free: *Laurie Greg Juwa Building Department City of Salem Tel: 978-745-9595 One Salem Green Fax: Salem,MA 01970 Toll Free: SUBCONTRACTORS&SUPPLIERS 01 General Conditions Bell Atlantic of New England Tel. 617-381-6404 459 Main St. Fax: Saugus, MA 01906 Toll Free: *Henry Arrendondo,Engineer Henry's Boss,Supervisor Tel: 617-381-6400 01-Temporary Fencing Federal Rent-A-Fence,Inc. Tel: 800-256-4783 PO Box 266 Fax: 800-256-4783 West Berlin,NJ 08091 Toll Free: *Rob Orthey ...........:....__ ,._.__ _ ,. , ,., ..: . ,,.., ,..,. ..,:,..__... ,,.....,.......,.... ........, 01-Mise. Supplies Grainger,W.W.Inc. Tel: 617-923-1730 Dept.466-805967908,(400 Arsenal St,Waterk Fax: Palatine,IL 60038-0001 Toll Free: ting Signature Press Tel: 603-624-4025 45 Londonderry Turnpike Fax: 603-641-2995 Hooksett,NH 03106 Toll Free: _ *Marcia 01-General Conditions ,..,= Ttme...-:,,, Savers, Inc. Tel: 508-478-3651 4 Airport Road Fax: 508-634-3611 Hopedale,MA 01747 Toll Free: 99-2245: Walgreens Drug Store Page 2 *Main Contact 3129/99 MRP,-29-1999 09:43 WP,ENN ASSOCIATE 603 883 4906 P.04i06 ,m.,.......,......._.... .., :..,:,__....___,.,......, __...._. ..,...m -,.,r ...- . 02-Sitework AST Environmental Tel. 713-627-2780 Fax: 713-627-2780, Toll Free: Bud Wilson(Emerg Cont) 02-Precast Pole Bases Dewey's Precast,Inc. Tel. (860)889-2213 10 Baltic Road Fax: (860)889-8480 Franklin,CT 06254 Toll Free: *Dewey Woodwatts w .,.. -. ....,.,,.. 02-Landscaping Environmental Accents,Inc. Tel: 603-595-1967 156 Lowell Road Fax: 603-595-2166 Hudson,NH 03051 Toll Free: 978-392-9752 *Don Yeomans Page: 603492-7300 Angela Ciampi Page: 603-492-7301 02-Demolition New Hampshire Demolition Tel: 303 Bypass 28 Fax: Auburn,NH 03032 Toll Free: Jay Nixon(Emerg Cont) *Jay Nixon 02-Sieework_.......:....-,.-..,._.�.,.,,u,.DelVecchio,Inc..._:..,:............�,..-.m,..,,.,.m,.m:.,.,,,_.,..,:.,. Tel: (781)233-0360.:.,,.._:..::,...,.,.,„.,.:. 3 Norcon Way Fax: (781)592-2777 Saugus,MA 01906 Toll Free: *Ralph DelVecchio ~ 02-Termite Pretreatment T 1 The Terminix International Company,L.P. Tel: 781-935-4556^ 17 Everberg Road Fax: 781-9354787 Wobum,MA 01801 Toll Free: 800-235-3129 *Dean Alexson Bill Gausch,District Ittet Manager 03 Concrete Material Bardon Trimount,Inc. Tel: (617)570-0750 1831 Broadway Fax: (617)570-0761 Saugus,MA 01906 Toll Free: *Roland Smith Jerry McNally,Quality Assurance Tel: 781-231-3400 Fax: 781-231-2988 05-Structural Steel and Leo P. Chasse Co.,Inc. Tel: 603-634-5050 Misc. Steel 62 Maple St., 2nd Floor Fax: 603.634-5053 Manchester,NH 03103 Toll Free: *Matt LaVoie Cell: Nextel-34766 05-Misc. Metals C.W. Crawford and Sons Tel: 603-669-5731 1363 Hooksett Road Fax: 603-669-5783 Hooksett,NH 03106 Toll Free: *Charlie Crawford Tel: 603-492-1795 99-2245: Walgreens Drug Store Page 3 *Main Contact 3129199 NRR-29-1999 09:44 WRENN ASSOCIATE 603 883 4906 P.05i06 0 ,,,:,,., . ..... 7-Curbs &Cap . . ......_., „ .:..,.. ........_.,.., ,,h.,., Caps The Pate Company Tel: 708.681-1920 2625 South 21 st Avenue Fax: 708-681-1961 Broadview,IL 60153 Toll Free: 800-243-3018 *Ron Stargardt 07-Roofing Prime Roofing,Inc. Tel. 603-878-3550 30 Tricinit Road,P.O.Box 478 Fax: 603-878-4646 New Ipswich,NH 03071 Toll Free: *Mike Goen,Vice President Bill Wheeler,Supervisor Fran Gibson,Sales/Estimating 08-Doors/Frames/Hardware Kamco Supply of Boston Tel: 603 627-3003 P.O.Box 5273 Fax: (603)641-5371 Manchester,NH 03108 Toll Free: *Charlie Hill 08-Overhead Door Overhead Door Company of Danvers Tel: 978-774-5354 49 Putnam Street Fax: 978-774-1719 Danvers,MA 01923 Toll Free: 800-336-9991 *Brett Hardin .......... 08-Automatic Doors Stanley Access Technologies,div. of Stanley Co: Tel: 860-409-6506 65 Scott Swamp Road Fax: 860.679.6426 Farmington,CT 06032 Toll Free: *Joe Bemaiche 09-Drywall/Door&Frame Jerry Construction Inc. Tel: 603-882-3968 Installation 5 Security Drive Fax: 603-882-8838 Hudson,NH 03051 Toll Free: *Pat Albert 09-Painting Partners in Progress Tel: 603-673-0675 2 Corey Hill Road Fax: 603-672-3431 Brookline,NH 03033 Toll Free: *Roger Spurling Page: 603-385-2867 10-Delineator Post Impact Recovery Systems Tel: (210)736-4477 246 W.Josephine,P.O. Box 12637 Fax: (210)736-2084 San Antonio,TX 78212 Toll Free: *Deane 10-Lavatory Signs Medalia Specialties Tel: 847-718-1936 505 E Golf Road, Suite A Fax: 847-718-1937 Arlington Heights,IL 60005 Toll Free: *Bob Weaver a. .,. nrv �y..„,,., .,,��.. ��,., . w..M ,,.. a.. 11-Miscellaneous E.F.Bavis&Associates,Inc. Tel: (513)677-0500 Equipment 201 Grandin Road,P.O.Box 337 Fax: (513)677-0552 Maineville,OH 45039-0337 Toll Free: *Margie Stacy Chuck,Drive-Thor Installer Tel: 800-677-8601 x343 99-2245. Walgreens Drug Store Page 4 *Main Contact 3/29/99 NnR-29-1999 09:44 WRENN ASSOCIATE 603 883 4906 P.06i06 111 ...,..,. .� .- ...... .,.. __,,.,_,. ... , 15-Plumbing DJ Plumbing&Heating,Inc. Tel. (978)922-7008 24 Puritan Road Fax: (978)922-7016 Beverly.MA 01915 Toll Free: *David Johanson 15-HVAC Merrimack Valley Sheet Metal,Inc. Tel. 978-689-0224 20 Agean Drive,Unit#1 Fax: 978-682-3270 Methuen,MA 01844 Toll Free: *Buddy Thomas 16-Electrical Mondelo Electric,Inc. Tel. 978458-8255 45 Dix St. Fax: 978-458-2569 Lowell,MA 01852 Toll Free: 99-2245: Walgreens Drug Store Page S *Main Contact 3/29/99 TOTAL P.06 v6��o r Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 WAIVER OF THE9DEMOLITIONIDELAY ORDINANCE It is hereby certified that the Salem Historical Commission has waived the Demolition Delay Ordinance for the proposed demolition as described below, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. Address of Property: 45-53 & 59 Boston Street Name of Record Owner: Sancor Development Description of Demolition Work Proposed: Demolition of buildings. Dated: 3/25/99 SALEM HISTORICAL COMMISSION By: All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. LEVINSON A S S O C I A T E S, L. P. Transmittal To: Mr.Peter Strout Date: December 17, 1999 City of Salem Building Department One Salem Green Salem,Ma 01970 Project: Walgreen Drug Store#04595 Project No.: 97324.000 Proctor&Boston Salem,MA LA NO: 97324.000 We are sending you herewith the following via _mail X overnight _delivery service Copies Designation Subject Date 1 Zerox copies Test reports 12-07-99 12/17/99 Remarks: For your files. LEVINSON ASSOCIATES , L. P. By: Harold S. Goldstein Projects Administrator cc: H: Walgreens/1997/97324.000/Cor--VStrout07-t(1) ONE GREENWAY PLAZA, SUITE 880 HOUSTON, TEXAS 77046-0102 713.850.7660 FAX 713.850.8250 A R C H I T E C T U R E • P L A N N I N G • I N T E R I O R D E S I G N U U TTTTTTTTTT S S S U,_ U T S S U U T S U U T S S S Of MASSACHUSETTS, INC. U U T S U U T S S U U U T S S S 5 Richardson Lane, Stoneham, MA 02180 781-438-7755 SOIL FIELD REPORT DATE 12-07-99 11 Levin Associates Job. No . UTS 5756 Attn: Harold Goldstein Project Walgreen Drug Store - Salem, One Greenway Plaza, Suite 880 Contractor Wrenn Associates Houston, TX 77046-0102 WEATHER: Rain, 42 degrees PURPOSE : Observe earthwork construction EQUIPMENT OPERATING: Front end loader, excavator, plate compactor SUMMARY: The writer arrived at the project site at 7 : 00 AM and met with Jim Leiter from Wrenn Construction. The purpose of this visit was to perform a soil inspection. The following was observed: a gravel base pad is to be constructed today using recycled concrete which is avail- able on site . The pad is to be on the south side of the building about 16" out from the building and about 50 , long. This will be used to support machinery and equipment . The recycled concrete was placed in the area by the excavator and the loader was used to grade and level the surface . Then each lift was compacted with the plate compactor making four passes . Two lifts, each about 10" in depth, were constructed. The elevation of the surface is about 18 . 2 ' and F. F. E. is 19 . 0' +/- . Drain and electric conduit trenches were also excavated today and un- suitable onsite material was stockpiled. These observations were re- lated to Mr. Leiter prior to departure . INSPECTOR: P . Leavitt Max day + 1 U T S OF MASSACHUSETTS, INC. hour travel Reviewed By: William P . Crabtree Fe o c 7 o,z S7-- - LEDGE ✓ORT SlD 1,,,1ALGR.EeNS rt� J v .. SouTH J+ DE J K p. MN Q AUK POPE ST `- — 5 Richardson [ane JOB NAME: JIVAIGRt F AIS — �AcEhi^ FIELD r1 (_�C'i Stoneham, Ma 02180 �` 'The Construdion Testing PeOW PROJECT NO.: S� 5 V lSKETCH —chuWn:Inc. FC. RECEIVE® DEC 17 1999 Levin son,yssucrates,inc. c 4 MAR-29-1999 09:42 WRENN nSSOCIATE 603 883 4906 P.01/06 A, iwwk Wit .�7[! R i"I'l 32 Daniel Webster Hinhway: Suite 22 Merrimack. NH 03054 Date; Job No. 603-883-7868 29-Mar-99 99-2245 FAX 603-883-4906 Attention: Tom St. Pierre TO: City of Salem Re: Walqreens Druq Store One Salem Green (SWC) Boston Street& Proctor Street Salem, MA 01970 Salem, MA 01970 Tel: 978-745-9595 SENT BY: Fax 9 J'j -144- TRANSMITTED FOR; Information QTY ITEM DESCRIPTION DATE OF ITEM t NOTES REMARKS COPIES TO Fax=6 pages Project Files Information is being faxed to you per Jeffrey Beal's request. SUBMITTED BY; Sherry Cousens Reference No.001A Printed on: 0129/99 Page 1 LAWRENCE S . LEVINSON , A . I . A . March 29, 1999 To: Commissioner of Building Department City of Salem Building Department 1 Salem Green Salem,MA 01970 From: James Stuhmer Lawrence S. Levinson AIA 1 Greenway Plaza Houston, TX 77046 Phone 713-850-7660 Re: Developers change of address Walgreens Drug Store Boston Street&Proctor Street Salem,MA Dear Sir: The Developer's address has changed from that shown on the construction documents. The new address is: Suncor Development of Massachusetts Limited Partnership 20701 Kingsland Blvd. Suite 106 A Katy,TX 77450 Phone 281/492-7477 ---- If additional information is required please call me. (J,aides Stuhmer Cc:Bud Shadrawy ONE GREENWAV PLAZA, SUITE 880 HOUSTON, TEXAS 77046-0102 713.850.7660 FAX 713.850.8250 A R C H I T E C T U R E • P L A N N I N G • 1 N T E R 1 0 R D E S I G N v6�CO3T T �Gtfi� Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (973)745-9595 EXT.311 FAX(9i31 740-0404 WAIVER OF THE DEMOLITION DELAY ORDINANCE It is hereby certified that the Salem Historical Commission has waived the Demolition Delay Ordinance for the proposed demolition as described below, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. Address of Property: 45-53 & 59 Boston Street Name of Record Owner: Sancor Development Description of Demolition Work Proposed: Demolition of buildings. Dated: 3/25!99 SALEM HISTORICAL CONIMISSION By: All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. Lord Associates, Inc. Norwood Corporate Center 1506 Providence Highway,Suite 30 Norwood, MA 02062-4647 Environmental Consulting&Licensed Site Professional Services January 20, 2006 Voice: 781.255.5554 Fax: 781. 255.5535 Mayor Kimberly Driscoll www.lordenv.com 93 Washington Street Salem, MA 01970 Ms. Joanne Scott Salem Board of Health 120 Washington Street, 4"floor Salem, MA 01970 Mr. Tom St. Pierre Public Property Department 120 Washington Street, 3`d floor Salem, MA 01970 Re: Class A-3 Response Action Outcome Report and Activity and Use Limitations Walgreen Store#04595,45 Boston Street, Salem,MA MADEP RTN 3-13814 Dear Municipal Official: Lord Associates, Inc. has completed a Class A-3 Response Action Outcome Report for the above- referenced site. This report provides the supporting documentation to determine that a release of hazardous materials identified at the Site represents no significant risk, and that a"Permanent Solution' has been attained. In order to achieve a"Permanent Solution',two Activity and Use Limitations(AULs)were required for the Site. An AUL narrows the scope of exposure assumptions used to characterize risks to human health from a release by specifying activities and uses that are prohibited and allowed at the disposal site in the future. The AULs were registered with the Southern Essex District Registry of Deeds. Copies of the AULs can be found enclosed. In summary of the findings of the report,a historic release of metals, volatile organic compounds, and petroleum hydrocarbons occurred at the Site, impacting subsurface soils and groundwater. Former uses of the Site include a tannery and automotive-related uses, which are indicated as the sources of the release. The sources of release have been long removed from the Site. Remedial actions consisted primarily of capping impacted soils several times with clean fill. It was determined that soil impacts were in excess of cleanup standards, and since restoration of the Site to background was deemed categorically infeasible and remedial actions had been completed, two AULs were emplaced on the Site. Since the AULs have been enacted,the Site has achieved a condition of No Significant Risk. Pursuant to section 310 CMR 40.1403(3) of the Massachusetts Contingency Plan, at any time after the MADEP has been notified of a release or threat of release of oil and/or hazardous materials pursuant to 310 CMR 40.0300, the Chief Municipal Officer and Board of Health in the A Massachusetts Certif ed MBE community(ies) in which the site is located shall be notified of the availability of the completion of a Response Action Outcome. The intention of this letter is to fulfill this legal obligation. In addition, 310 CMR 40.1403(3)stipulates that this notification shall include information about how local officials may obtain a copy of the report. A copy may be viewed at the DEP by scheduling a file review of RTN 3-13814 with the MADEP Northeast Regional Office in Wilmington by calling(978)694-3200. With regard to the AULs recorded for the Site, 310 CMR 40.1403(7) states that a copy of the recorded an/or registered AUL shall be provided to the Chief Municipal Officer, the Board of Health, the Zoning Official, and the Building Code Enforcement Official in the community(ies) in which the property subject to such Activity and Use Restriction is located. Please find copies of both AULs enclosed. Very truly yours, LORD ASSOCIATES,INC. Marisa L. Ross Environmental Scientist FORM 1o�s 2006010600161Bk025263 Pge135 01106/2006 6 3 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Walgreen Store#04595 DEP Release Tracking No.(s): 3-13814 This Notice of Activity and Use Limitation ('Notice") is made as of this 20th day of _October_, 2005, by BALIOTIS,LLC of 12 Greenway Road, Salem, Essex County, Massachusetts ("Owner"). WITNESSETH: WHEREAS, BALIOTIS, LLC is the Owner in fee simple of that certain parcel of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon,pursuant to a deed recorded with the Southern Essex District Registry of Deeds in Book 23594 Page 88; WHEREAS, said parcel 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 as Parcel l on a plan recorded in the Southern Essex District Registry of Deeds as Plan 950 of 1955 in Book 4229, Page 31; 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(a)the restriction of human access to and contact with oil and/or hazardous material in soil 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 _August 16, 2005_, (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. 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) Commercial retail use of the property so long as they are noninvasive activities and do not compromise the structural integrity of the pavement; and (ii) Excavation associated with emergency or short term subsurface utility repair work(defined as three months or less) within the designated AUL area, provided that it is conducted in accordance with the soil management procedures of the Massachusetts Contingency Plan (MCP) pursuant to 310 CMR 40.0030 and applicable worker health and safety practices, and involves the repair and/or replacement of the pavement with a comparable barrier immediately following the completion of the project; and (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 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) Residential housing, single or multiple unit dwellings, school, church, day care, playgrounds, or medical facilities and agricultural uses, gardens or fruit trees; and (ii) Except as described in 1. above, activities and/or uses which cause or are likely to cause physical or chemical deterioration, breakage, or structural damage to the pavement in the designated AUL area; and (iii) Removal or disturbance of the pavement from the designated AUL area and/or disturbance of the soil contaminated by metals and/or petroleum-related compounds located beneath the pavement or building slab, with the exception of emergency utility repair work (not to exceed a vertical depth of 4 feet below surface grade)which is conducted in accordance with the soil management procedures of the MCP pursuant to 310 CMR 40.0030 and all applicable worker health and safety practices and which includes the immediate repair and/or replacement of the pavement following completion to prevent exposure to underlying soil contaminated by metals and/or petroleum-related compoLmds. 3. Obligations and Conditions Set Forth in the AUL Opinion. As 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) The pavement and stormwater system will be maintained as designed to ensure that soil contaminated by metals and/or petroleum-related compounds located beneath the asphalt pavement remains inaccessible. No utility excavation or new construction shall be conducted without a Soil Management Plan and a Health and Safety Plan. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL; and (ii) Annual monitoring and associated record-keeping activities must be performed to verify that the structural integrity of the asphalt pavement is being properly maintained to prevent exposure to soil contaminated by metals and petroleum-related compounds located beneath the pavement; and (iii) The asphalt pavement within the area subject to the AUL must be immediately repaired and/or replaced with a comparable barrier to prevent future exposures to underlying soil contaminated by metals and/or petroleum-related compounds in the event of any activity(e.g., emergency utility repair work)which involves its removal and/or disturbance; and (iv) A Soil Management Plan must be developed and implemented prior to the initiation of any subsurface activities within the area subject to the AUL which involve the removal and/or disturbance of the asphalt pavement and/or which may render the underlying contaminated soil more accessible for dermal contact and/or generate dust. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL. 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 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. 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 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 day of C)~, u} UY6 A , WINDY 4 GAVIN �°p Notary Public,State of Ro]20M My comm.expires Oct. 11, No.DD 361782 u1 �• �ll �^ By: BALI S,LLC V By: wwdid dr'(vQ,rs litwse Stephen Baliotis,Manag By: /" A/ liotis,Manager 5 By: Z 'e Georg ahotis,Manager STATE OF FLORIDA as. October 12005 On this day of October,2005,before me,the undersigned notary public,personally appeared, STEPHEN BALIOTIS,as Manager of BALIOTIS,LLC,proved to me through satisfactory evidence of identification,which was a Florida drivers license,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. y ,� GREGORY J.ROSENGARTENDA� e °� Notary Public.State of Florida Notary My comm.expires Jan.27,2008 No.DD 275645 My Commission Expires: 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 consistent with the terms set forth in said Activity and Use Limitation Opinion. OF Date: Qbo RALPH yG J. m TELLA No. 7473 C Ralph J. Tella, L.S.P. COMMONWEALTH OF MASSACHUSETTS L1L ss l �y,l�—°49L 7ib Then personally appeared the above named t f d acknowledged the foregoing instrument to be his free act and deed before me, Ntart' blic: My miss Expires: UN a al� Upon recording, return to: MARY OF COIAYISQION Mum MAA" BALIOTIS, LLC 12 Greenway Road Salem, MA 01970-2868 EXHIBIT A The following constitutes a legal description of the Property as defined in the Notice of Activity and Use Limitation to which this exhibit is attached: The land situated on Pope Street, Salem, County of Essex, Commonwealth of Massachusetts, shown as parcel 2 on plan entitled "Land of John F. Kaiser Co., Inc., Boston Street, Salem, Mass.,Nov 1955," recorded Essex South District Registry of Deeds as Plan 950 of 1955 in Book 4229, Page 31, more particularly bounded and described as follows: SOUTHEASTERLY by Pope Street, 173.34 feet; SOUTHWESTERLY by land of Hayes as shown on a said plan 113.92 feet; NORTHWESTERLY by land now or formerly of Ideal Finishing Co., 118.49 feet, and; NORTHEASTERLY by land now or formerly of Socony Vacuum Oil Co., Inc., as shown on said plan 104.99 feet. Containing 15,374 square feet according to said plan. EXHIBIT B SWC SITE SKETCH n T ATS-f1�. v_ CITY OF SALEM PARCEL ID X15-0319 Ara �0 WALGREEN STORE $04595 S PROCTOR -TWEET-^ �~ Nnoll-19 CB-5 -2 Q 45-59 BOSTON ST., SALEM, MA \ CMW-6 LEGEND . K IIS iCB t � no[]] 2 CB 3Knol Knoll-12 4 B B, I I .I = MONITORING WELL LOCATION J FormerKnoll-6 CMW-4 BAS • - SOIL BORING e Former Knoll-2 • Knoll-7 ® Bor�oll-13 r. = CEMENT PAVED Khll 3 Kn 1 KKna 5 �� - MULCH Kroll 9� �- K. 11- 1 II I QI 20 - BOULDER OVERHEAD LIGHT POLE O -1 'z: FORMER SURFACE WATER e DRAINAGE STONE CULVERT Knoll-20 GAS UNE / /// cn AB N I Gf; = CATCH BASIN L/1L tt]9 1L/ OLB-1 ® - FDRMER SITE BUILDINGS CMW-7 § AREA OF a�1 •E e - SHRUB AUL #1 / Former © I - - TREE VON1500 gal. i Fuel Oil B-6/I_ _ -1 ® MEA OF AUL Knoll-1@ 20 g L'A"r� 8 B Knoll-14 ,! CMw & LB-1 B-17 0 LB- Former - LORD ASSOCIATES SOIL gol. TEST BORING, 8/05 -7 8-4/Knoll-I7jplLB-5 �3Q �0 Gasoline B q 2C E K IRA EKCAVATION CONRRMATOW Knoll-151D SW-2 PLE LOGTIONS AND H� CMW-9 rm a no 2 or �- joW..te igeL— O' POPE S EE Abovee`Groound ace Stora a Tank (AS SCALE OF FEET 01 40' 80, EXHIBIT C In accordance with the requirements of 310 CMR 40.1074, this Licensed Site Professional Opinion has been prepared for the Disposal Site (i.e., "Property") located at 45 Boston Street, Salem, Massachusetts. The Property is owned by Baliotis, LLC ("Owner"). As of the date of this Activity and Use Limitation Opinion, the Property is zoned for commercial use. The Property is a parking lot and retail commercial convenience store with pharmacy. Property History As a result of metals impacts noted during a subsurface investigation at the Property in May 1996, a Reportable Condition was triggered as defined in the Massachusetts Contingency Plan (the "MCP"). In turn, the Massachusetts Department of Environmental Protection was notified and the Property became listed as a hazardous waste site on May 23, 1996. [Note: The "MCP" is the Commonwealth of Massachusetts'code of regulations for the notification, assessment, and cleanup of disposal sites where a release of oil andlor hazardous materials has occurred.] The Property was a tannery operation from approximately 1890 to 1950. The tannery is believed to have been Gill Leather, a sheepskin processing operation. Ideal Finishing Company, an entity specializing in the application of coatings to leather, occupied the Property from 1956 through 1994. An auto repair shop and service station operated from 1974 to 1980, with the auto repair shop continuing to operate until 1998. The Property was developed as Walgreen Store#04595 in 1999. There has been no distinct release event identified at this Property. It is suspected that the source of the volatile organic compounds and metals impacts to soil and groundwater was discharge of leather and tannery wastes. Petroleum hydrocarbons are attributed to the underground storage tanks removed from the Property in 1996. All primary contaminant sources (e.g., underground storage tanks) have been removed from the Property. Contaminated near-surface soils were capped with a layer of clean fill and gravel in 1996 and again between 1996 and 1999. Although impacted soils were capped, residual contamination remains at concentrations in excess of the MCP Method 1 Cleanup Standards. For more specific information concerning Property History,please refer to the Response Action Outcome maintained on file with the Massachusetts Department of Environmental Protection under RTN 3-13814. [Note: The "MCP Method 1 Cleanup Standards"refer to numerical standards for chemical contaminants in soil and groundwater, which are published in the MCP. The soil standards are broken into three soil categories: S-1, S-2, and S-3. The S-1 Soil Standards are the most strict, or lowest, numerical values since they were derived to be protective of a residential exposure scenario by considering a receptor's incidental ingestion and dermal contact exposures to soil while gardening and playing. The S-2 and S-3 numerical standards are less strict and therefore higher, having been developed using passive recreational and construction-related exposure scenarios, respectively] Reason for the Activity and Use Limitation An MCP Method 3 Risk Characterization was performed in order to evaluate the risk posed by contamination remaining in soil at the Property. Using the Method 3 approach, site-specific risk estimates were developed and compared to promulgated standards in order to determine whether or not the Property poses a risk for current and future activities and uses. With respect to the majority of soil contamination at the Property,the Risk Characterization demonstrates that the site poses No Significant Risk to health, safety,public welfare or the environment for the current conditions of commercial uses of the property because the site- specific soil standards are met for petroleum-related compounds and volatile organic compounds. However, since risk estimates for the concentrations of metals (i.e., arsenic and chromium) in soil located between four and ten feet below surface grade at the Property exceed applicable regulatory limits, an unacceptable level of risk exists should future activities and uses of this Property result in unrestricted human exposure to the soil. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict certain activities and uses of the Property. For more specific information concerning the risk characterization,please refer to the Response Action Outcome maintained on file with the Massachusetts Department of Environmental Protection under RTN 3-13814. Permitted Activities and Uses 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) Commercial retail use of the property so long as they are noninvasive activities and do not compromise the structural integrity of the pavement; and (ii) Excavation associated with emergency or short term subsurface utility repair work (defined as less than three months) within the designated AUL area,provided that it is conducted in accordance with the soil management procedures of the Massachusetts Contingency Plan (MCP) pursuant to 310 CMR 40.0030 and applicable worker health and safety practices, and involves the repair and/or replacement of the pavement with a comparable barrier immediately following the completion of the project; and (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 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) Residential housing, single or multiple unit dwellings, school, church, day care, playgrounds, or medical facilities and agricultural uses, gardens or fruit trees; and (ii) Except as described in 1. above, activities and/or uses which cause or are likely to cause physical or chemical deterioration, breakage, or structural damage to the pavement in the designated AUL area; and (iii) Removal or disturbance of the pavement from the designated AUL area and/or disturbance of the soil contaminated by metals and/or petroleum-related compounds located beneath the pavement or building slab, with the exception of short term (defined as less than three months) emergency utility repair work which is conducted in accordance with the soil management procedures of the MCP pursuant to 310 CMR 40.0030 and all applicable worker health and safety practices and which includes the immediate repair and/or replacement of the pavement following completion to prevent exposure to underlying soil contaminated by metals and/or petroleum-related compounds. Obligations and Conditions As 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) The pavement and stormwater system will be maintained as designed to ensure that soil contaminated by metals and/or petroleum-related compounds located beneath the asphalt pavement remains inaccessible. No utility excavation or new construction shall be conducted without a Soil Management Plan and a Health and Safety Plan. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL; and (ii) Annual monitoring and associated record-keeping activities must be performed to verify that the structural integrity of the asphalt pavement is being properly maintained to prevent exposure to soil contaminated by metals and petroleum-related compounds located beneath the pavement; and (iii) The asphalt pavement within the area subject to the AUL must be immediately repaired and/or replaced with a comparable,barrier to prevent future exposures to underlying soil contaminated by metals and/or petroleum-related compounds in the event of any activity (e.g., emergency utility repair work) which involves its removal and/or disturbance; and (iv) A Soil Management Plan must be developed and implemented prior to the initiation of any subsurface activities within the area subject to the AUL which involve the removal and/or disturbance of the asphalt pavement and/or which may render the underlying contaminated soil more accessible for dermal contact and/or generate dust. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seg. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL. LSP: aP Ralph J. Tella, Liceifised Site Professional h DATE: ® SENA No �473�0 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY 8r USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 33 - 13814 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: Walgreen Store #04595 2. Street Address: 45-59 Boston Street Salem 01970-2145 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response ❑ Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). ❑ 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). ❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendmerit of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped,signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? 10 a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. City/Town: 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 ILIMassachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 13814 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form, 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 309 CMR4.03(2), and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, > 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.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1074; > if Section B indicates that an Evaluation of Changes In Land Uses/Activitfes and/or Site Conditions after Response Action Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c. 21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080; > if Section B indicates that an Amended Notice of Activity and Use Limitation or 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.21 E and 310 CMR 40.0000 and(ii)complies with 40.1081; > if Section B indicates that a Termination ora Partial Termination of Notice of Activity and Use Limitation,ora Release or Partial Release of 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 40.1083; > 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.21E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory 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.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 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. 1. LSP#: 7473 2. First Name: Ralph 3. Last Name: Tella 4. Telephone: (781) 255-5554 5 Ext: 14 6 FAX: (781) 255-5535 7. Signature: B. Date: a mm/dd/yyyy 9. LSP Stamp: �A OF ZZAM 03 40 14223 0S 11 xW3 LI _ m 9Too.. A 123TTA <� FGIs-T `Q SfTE P �esave Revised:06/27/2003 Page 2 of 2 utEsr: FORM 1075 nOCUMENT NO. NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Walgreen Store#04595 DEP Release Tracking No.(s): 3-13814 This Notice of Activity and Use Limitation("Notice") is made as of this_20th_ day of_October___, 2005, by BALIOTIS, LLC of 12 Greenway Road, Salem, Essex County, Massachusetts ("Owner"). WITNESSETH: WHEREAS, BALIOTIS,LLC is the Owner in fee simple of those certain parcels of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Southern Essex District Registry of Deeds in Book 23594 Page 92; and Certificate of Title No. 10,438 issued by the Land Registration Office of the Southern Essex County Registry District; WHEREAS, said parcels of land, which are more particularly bounded and 3 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 Land Court Plan 2029-B and further shown on Certificate of Title No. 10,438 registered in the Southern Essex District Registry of Deeds, Salem, Massachusetts, Land Court Case No. 2029, in Book 42,Page 10438; 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(a) the restriction of human access to and contact with oil and/or hazardous material in soil 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 _August 16, 2005_, (which is attached hereto as Exhibit C and made a part hereof); III IN III IIIlliillllillllll1111III463069 h 196669 Southern Essex District Registry 1/6/2006 09:43 RM NOTICE __ NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. 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 3 i 0 CMR 40.0000) so long as any of the following activities and uses occur on the Property: (i) Commercial retail use of the property so long as they are noninvasive activities and do not compromise the structural integrity of the pavement; and (ii) Excavation associated with emergency or short term subsurface utility repair work (defined as three months or less) within the designated AUL area,provided that it is conducted in accordance with the soil management procedures of the Massachusetts Contingency Plan(MCP) pursuant to 310 CMR 40.0030 and applicable worker health and safety practices, and involves the repair and/or replacement of the pavement with a comparable barrier immediately following the completion of the project; and (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 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) Residential housing, single or multiple unit dwellings, school, church, day care, playgrounds, or medical facilities and agricultural uses, gardens or fruit trees; and (ii) Except as described in 1. above, activities and/or uses which cause or are likely to cause physical or chemical deterioration,breakage, or structural damage to the pavement in the designated AUL area; and (iii) Removal or disturbance of the pavement from the designated AUL area and/or disturbance of the soil contaminated by metals and/or petroleum-related compounds located beneath the pavement or building slab, with the exception of emergency utility repair work(not to exceed a vertical depth of 4 feet below surface grade) which is conducted in accordance with the soil management procedures of the MCP pursuant to 310 CMR 40.0030 and all applicable worker health and safety practices and which includes the immediate repair and/or replacement of the pavement following completion to prevent exposure to underlying soil contaminated by metals and/or petroleum-related compounds. 463069 (Page 2 of 15) Southern Essex Distriot Registry 1/6/2006 09:43 RM NOTICE 3. Obligations and Conditions Set Forth in the AUL Opinion. As 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) The pavement and stormwater system will be maintained as designed to ensure that soil contaminated by metals and/or petroleum-related compounds located beneath the asphalt pavement remains inaccessible. No utility excavation or new construction shall be conducted without a Soil Management Plan and a Health and Safety Plan. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL; and (ii) Annual monitoring and associated record-keeping activities must be performed to verify that the structural integrity of the asphalt pavement is being properly maintained to prevent exposure to soil contaminated by metals and petroleum-related compounds located beneath the pavement; and (iii) The asphalt pavement within the area subject to the AUL must be immediately repaired and/or replaced with a comparable barrier to prevent future exposures to underlying soil contaminated by metals and/or petroleum-related compounds in the event of any activity(e.g., emergency utility repair work)which involves its removal and/or disturbance; and (iv) A Soil Management Plan must be developed and implemented prior to the initiation of any subsurface activities within the area subject to the AUL which involve the removal and/or disturbance of the asphalt pavement and/or which may render the underlying contaminated soil more accessible for dermal contact and/or generate dust. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL. 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 seg., 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 Resnonse 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 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. 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 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 day of -9 Z. TLt � � WINDY L o Notary Public,Slateate of of Florida My comm.expires Oct 11,2008 No.DD 361782 By: BALI IS,LLC y: rd� drrudr's Irc�nse Stephen Bahotis,Ma!n�e/r By: Kirk Baliotis,Manager By: ��, Georg Balio[is,Manager STATE OF FLORIDA �] ss. October o,,2005 0 On this day of October, 2005,before me,the undersigned notary public,personally appeared, STEPHEN BALIOTIS,as Manager of BALIOTIS,LLC,proved to me through satisfactory evidence of identification,which was a Florida drivers license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that4Notac: ' untarily for its stated purpose. i < GREGORY J.ROSENGARTEN ^g��� Notary Public.Stale of Florida My comm.expires Jan.27,2006 No.DD 275645 Expires: � 7 nId' 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 consistent with the terms set forth in said Activity and Use Limitation Opinion. K Date: 2d0 L OF Mqs�� 9140.141 30 2 �% FGISTEP s Ralph J. Tella, L.S.P. �s►P S1TE � COMMONWEALTH OF MASSACHUSETTS ss Then personally appeared the above named 1-4Q T acIaiowledged the foregoing instrument to be his free act and deed befor ary ommis Upon recording, return to: t\ � COMMONftNOT*�� \ COMMISSION OFRQ&1CM1� BALIOTIS, LLC &0.nu" 12 Greenway Road Salem, MA 01970-2868 EXHIBIT B 5SITE SKETCH -- a CITY OF SALEM PARCEL ID 815-0320 PROCTOR .STIREET "'r e • WALGREEN STORE //04595 �a' Knoll-19�a 2 CB-5 Z 45-59 BOSTON ST., SALEM, MA 1 CMW-6 LEGEND CB 3 nol' Knoll-12 "v 9 null 2 BK I I I . MONITORING WELL LOCATION IS Former Knoll-6 CMW-4 BAS SOIL BORING e Former Knoll-2 5 ® Knoll-7 ® ^ Knoll-13 r e . CEMENT PAVED K olly.a l (D KnB ' IIA, I I (DKr. -5 • MULCH K oll 9 g C Knoll- � / / I( a I I 8 � BOVIDER f G p OVERHEAD LIGHT POLE -�- ^� FORMER SURFACE WATER NE STONE CULVERT GAS U GAS UNE AREA OF a . CATCH BASIN ,i AUL #2 rFORMER SITE BUILDINGS ZZi • 845-59 BOSTON ST. WALGREEN STORE 804595 ® 8 SHRUB MEE \ ®B-�a B u/ / / � B B e u-1a AREA OF AUL \ 8-.2 •CB-12 Knoll-21 Former OLB-1 LORD ASSOCWTES SOIL r� CB-11B-9 2000 gol. TEST BORING, 8/05 LB-9 • CP-6 • GoeOline B–IOA B 10 – 0/ 9 IRA EXCAVATION CONFIRMATORY • K oil 18 _ •BI Knoll-15 SW-2 SOIL A PLE LOCATIONS AND I �10 B�13 –1 6 IDENIIFlER _ • -:. •BBB g e rn --. .. —_ ® ® CMW-9 • 1- �» ,» n° Knoll-23 --,r• a ormeP°2'7 ° Was POPE S EE Above te GrOiloVnd vxs--a e.c.e Storage Tank (AST) SCALE OF FEET 0' 40' 80' EXHIBIT C In accordance with the requirements of 310 CMR 40.1074, this Licensed Site Professional Opinion has been prepared for the Disposal Site (i.e., "Property") located at 45 Boston Street, Salem, Massachusetts. The Property is owned by Baliotis, LLC ("Owner"). As of the date of this Activity and Use Limitation Opinion, the Property is zoned for commercial use. The Property is a parking lot and retail commercial convenience store with pharmacy. Property History As a result of metals impacts noted during a subsurface investigation at the Property in May 1996, a Reportable Condition was triggered as defined in the Massachusetts Contingency Plan (the "MCP"). In turn,the Massachusetts Department of Environmental Protection was notified and the Property became listed as a hazardous waste site on May 23, 1996. [Note: The `MCP"is the Commonwealth of Massachusetts'code of regulations for the notification, assessment, and cleanup of disposal sites where a release of oil and/or hazardous materials has occurred.] The Property was a tannery operation from approximately 1890 to 1950. The tannery is believed to have been Gill Leather, a sheepskin processing operation. Ideal Finishing Company, an entity specializing in the application of coatings to leather, occupied the Property from 1956 through 1994. An auto repair shop and service station operated from 1974 to 1980, with the auto repair shop continuing to operate until 1998. The Property was developed as Walgreen Store#04595 in 1999. There has been no distinct release event identified at this Property. It is suspected that the source of the volatile organic compounds and metals impacts to soil and groundwater was discharge of leather and tannery wastes. Petroleum hydrocarbons are attributed to the underground storage tanks removed from the Property in 1996. All primary contaminant sources (e.g.,underground storage tanks) have been removed from the Property. Contaminated near-surface soils were capped with a layer of clean fill and gravel in 1996 and again between 1996 and 1999. Although impacted soils were capped, residual contamination remains at concentrations in excess of the MCP Method 1 Cleanup Standards. For more specific information concerning Property History, please refer to the Response Action Outcome maintained on file with the Massachusetts Department of Environmental Protection under RTN 3-13814. [Note: The `MCP Method 1 Cleanup Standards"refer to numerical standards for chemical contaminants in soil and groundwater, which are published in the MCP. The soil standards are broken into three soil categories: S-1, S-2, and S-3. The S-1 Soil Standards are the most strict, or lowest, numerical values since they were derived to be protective of a residential exposure scenario by considering a receptor's incidental ingestion and dermal contact exposures to soil while gardening and playing. The S-2 and S-3 numerical standards are less strict and therefore higher, having been developed using passive recreational and construction-related exposure scenarios, respectively] Reason for the Activity and Use Limitation An MCP Method 3 Risk Characterization was performed in order to evaluate the risk posed by contamination remaining in soil at the Property. Using the Method 3 approach, site-specific risk estimates were developed and compared to promulgated standards in order to determine whether or not the Property poses a risk for current and future activities and uses. With respect to the majority of soil contamination at the Property, the Risk Characterization demonstrates that the site poses No Significant Risk to health, safety, public welfare or the environment for the current conditions of commercial uses of the property because the site- specific soil standards are met for petroleum-related compounds and volatile organic compounds. However, since risk estimates for the concentrations of metals (i.e., arsenic and chromium) in soil located between four and ten feet below surface grade at the Property exceed applicable regulatory limits, an unacceptable level of risk exists should future activities and uses of this Property result in unrestricted human exposure to the soil. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict certain activities and uses of the Property. For more specific information concerning the risk characterization,please refer to the Response Action Outcome maintained on file with the Massachusetts Department of Environmental Protection under RTN 3-13814. Permitted Activities and Uses 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) Commercial retail use of the property so long as they are noninvasive activities and do not compromise the structural integrity of the pavement; and (ii) Excavation associated with emergency or short term subsurface utility repair work (defined as less than three months)within the designated AUL area, provided that it is conducted in accordance with the soil management procedures of the Massachusetts Contingency Plan (MCP)pursuant to 310 CMR 40.0030 and applicable worker health and safety practices, and involves the repair and/or replacement of the pavement with a comparable barrier immediately following the completion of the project; and (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 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) Residential housing, single or multiple unit dwellings, school, church, day care, playgrounds, or medical facilities and agricultural uses, gardens or fruit trees; and (ii) Except as described in 1. above, activities and/or uses which cause or are likely to cause physical or chemical deterioration,breakage, or structural damage to the pavement in the designated AUL area; and (iii) Removal or disturbance of the pavement from the designated AUL area and/or disturbance of the soil contaminated by metals and/or petroleum-related compounds located beneath the pavement or building slab, with the exception of short term (defined as less than three months) emergency utility repair work which is conducted in accordance with the soil management procedures of the MCP pursuant to 310 CMR 40.0030 and all applicable worker health and safety practices and which includes the immediate repair and/or replacement of the pavement following completion to prevent exposure to underlying soil contaminated by metals and/or petroleum-related compounds. Obligations and Conditions As 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) The pavement and stormwater system will be maintained as designed to ensure that soil contaminated by metals and/or petroleum-related compounds located beneath the asphalt pavement remains inaccessible. No utility excavation or new construction shall be conducted without a Soil Management Plan and a Health and Safety Plan. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL; and (ii) Annual monitoring and associated record-keeping activities must be performed to verify that the structural integrity of the asphalt pavement is being properly maintained to prevent exposure to soil contaminated by metals and petroleum-related compounds located beneath the pavement; and (iii) The asphalt pavement within the area subject to the AUL must be immediately repaired and/or replaced with a comparable barrier to prevent future exposures to underlying soil contaminated by metals and/or petroleum-related compounds in the event of any activity(e.g., emergency utility repair work) which involves its removal and/or disturbance; and (iv) A Soil Management Plan must be developed and implemented prior to the initiation of any subsurface activities within the area subject to the AUL which involve the removal and/or disturbance of the asphalt pavement and/or which may render the underlying contaminated soil more accessible for dermal contact and/or generate dust. The Soil Management Plan must be prepared by a Licensed Site Professional in accordance with the soil management procedures of the MCP at 310 CMR 40.0030 et seq. A Health and Safety Plan must also be prepared in accordance with the guidelines discussed in the AUL Opinion contained as Exhibit C to this Notice of AUL. per' LSP: Ralph J. Tella, Licen* d Site Professional DATE: �tF10F� g RALPH - J. m TELLA w 9 NO. 7473 0 `c�St7E PROF'` Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) 3� - 13814 A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: Walgreen Store #04595 2. Street Address: 45-59 Boston Street 3. Cityrrown: Salem 01970-2145 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074. 2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081(4). Ej 4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(3). ❑ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1083(1)(d). 6. Provide the LSP Opinion for a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071. ❑ 7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1081(3). ❑ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). ❑ 9. Provide the LSP Opinion for a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(1)(c). ❑ 10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). (Unless otherwise noted above, all sections of this form (BWSC113A) must be completely filled out, printed, stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or registered with the Registry of Deeds and/or Land Registration Office.) C. AUL INFORMATION: 1. Is the address of the property subject to AUL different from the disposal site address listed above? a. No ❑ b. Yes If yes,then fill out address section below. 2. Street Address: 3. Cityrrown: 4. ZIP Code: Revised:06/27/2003 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC113A ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) a - 13814 D. LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjurythat I have personally examined and am familiar with this transmittal form, 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 309 CMR4.03(2),and (iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge, information and belief, > 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(!)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; > if Section B indicates that an Evaluation of Changes In Land UsesfActivides and/or Site Conditions after a Response Action Outcome Statement is being submitted,this evaluation was developed 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; > if Section B indicates that an Amended Notice of Activity and Use Limitation orAmendment 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 40.1081; > if Section B indicates that a Termination ora Partial Termination of Notice of Activity and Use Limitation,ora Release or Partial 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.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; > 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(1)is being provided in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(i1)complies with 310 CMR 40.1071; > if Section B indicates that a Confirmatory 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.21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1085(4); 1 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. 1. LSP#: 7473 2. First Name: Ralph 3. Last Name: Tella 4. Telephone: (781) 255-5554 5. Ext: /114s� 6 FAX: (781) 255-5535 7. Signature: C, tr� �! �^^— 8. Date: mm/dd/yyyy 9. LSP Stamp: A� OP RALPHJ. yGm gELLA y 9No. 747 3Q ��[' FQ/STEP •M s�SITE •vwv Revised:06/27/2003 Page 2 of 2 EXHIBIT A The following constitutes a legal description of the Property as defined in the Notice of Activity and Use Limitation to which this exhibit is attached: The land in Salem together with the buildings theron bounded and described as follows: NORTHEASTERLY by Lot A, as shown on plan hereinafter mentioned, thirty-five and 48/100 (35.48) feet; SOUTHEASTERLY eleven and 03/100 (11.03) feet; SOUTHWESTERLY 55/100 (0.55)of a foot, and SOUTHEASTERLY fifteen and 11/100 (15.11) feet, all by land now or formerly of Richard Quinn; SOUTHWESTERLY by land now or formerly of the Carr Leather Company, thirty-four and 60/100 (34.60) feet; NORTHWESTERLY by land now or formerly of Mary Creedon, twenty-four and 44/100 (24.44) feet. All of said boundaries having been determined by the Land Court, at Salem, in the County of Essex, to be located as shown upon plan numbered 2029-B, drawn by C.B. Humphrey Engineer for the Court, dated October 4, 1915, approved by the Court, filed with Certificate of Title No. 1909 in said Registry, and the above described land is shown thereon as Lot#B. Said parcel is further shown on Certificate of Title No. 10,438, registered in the Southern Registry District of Essex County, Massachusetts, Land Court Case No. 2029, in Book 42, Page 10438. Together with land in the said City of Salem, bounded and described as follows: Beginning at a stone bound at the intersection of the southerly line of Boston Street and the westerly line of Pope Street and running South 41° 00' 00" West, along the westerly line of Pope Street a distance of two hundred seventy-three and 34/100 (273.34) feet to a stone bound at land now or formerly of the Boston and Maine Railroad; Thence northwesterly and along the easterly line of said land now or formerly of the Boston and Maine Railroad a distance of one hundre thirty-six and 92/100 (136.92) feet to an iron pin at land now or formerly of Wayland Tanning Machinery Company; Thence North 35° 34' 40" East along said land now or formerly of Wayland Tanning Machinery Company a distance of one hundred seventy-six and 01/100 (176.01) feet to a point; Thence South 56° 12' 50" East five (5.00) feet; Thence North 32°45' 00" East six and 17/100 (6.17) feet to a stone bound at the comer of the first described parcel of land conveyed by the Hygrade Lamp Company to Mobil Oil Corporation, under its former name of Standard Oil Company of New York; Thence at an exterior angle of 93° 40' 00" with said last mentioned line and running southeasterly along the southerly line of the first described parcel of land a distance of thirty-four and 60/100 (34.60) feet to the corner of said first described parcel; Thence running northeasterly along first described parcel of land a distance of fifteen and 11/100 (15.11) feet; Thence southeasterly and still along said first described parcel 55/100 (0.55) feet; Thence northeasterly and still along said first described parcel eleven and 03/100 (11.03) feet to the southerly line of Boston Street; Thence South 56° 25' 30" East along the southerly line of Boston Street one hundred forty-five and 36/100 (145.36) feet to.the point or place of beginning. Together with all right, title and interest of the grantor in and to Boston Street and Pope Street abutting on said premises. Excepting therefrom the parcel conveyed by Mobil Oil Corporation under its former name of Socony-Vacuum Oil Company,Incorporated to Gill Leather Co. by deed dated August 10, 1943, bounded and described as follows: Beginning at the northeasterly corner of the premises herein described and at a point in the westerly line of Pope Street,which is one hundred (100)feet distant South 41° 00' 00" West,measured along the said westerly line of Pope Street, from a point now or formerly marked by a stone bound at the intersection of the southerly line of Boston Street and the said Westerly line of Pope Street. Thence the line runs South 41' 00' 00" West along the westerly line of Pope Street a distance of one hundred seventy-three and 34/100 (173.34) feet to a point now or formerly marked by a stone bound at land now or formerly of the Boston and Maine Railroad. Thence northwesterly and along the easterly line of said land now or formerly of the Boston and Maine Railroad a distance of one hundred thirty-six and 92/100 (136.92) feet to a point now or formerly marked by an iron pin at land now or formerly of Wayland Tanning Machinery Company; Thence North 35° 34'40" East along the said land now or formerly of Wayland Tanning Machinery Company a distance of one hundred six and 01/100 (106.01) feet to a point; Thence southeasterly one hundred thirty-nine and 42/100 (139.42) feet, more or less, to the point of beginning. \j 463069 DOCUMENT NO.__� O� ESSEX SOUTH REGISTRY DISTRICT JAN 0 6 2006 RECEIVED` O'CLOCK ja M REGISTRATION BKq23PG���� COMMONWEALTH OF MASSACHUSETTS LAND COURT ESSEX REGISTRY OF DEEDS,SO. DIST. SALEM, MASS ESSEX S.S. /_7 /o — d(r A TRUE COPY Fl) UM (�� y ATTEST. Assistant Recorder 00&0n, Jffamao�&� 021133 William Francis CraMn Secretary of the Commonwealth f� /_ DOCUMENT NO. 63 V 6? December 12, 2005 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by BALIOTIS,LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on March 9, 2004. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good standing with this office. , I also certify that the names of all managers listed in the most recent filing are: STEPHEN BALIOTIS,KIRK BALIOTIS, GEORGE BALIOTIS I further certify, the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: STEPHEN BALIOTIS, KIRK BALIOTIS, GEORGE BALIOTIS The names of all persons authorized to act with respect to real property listed in the most recent filing ain STEPHEN BALIOTIS,KIRK BALIOTIS;GEORGE BALIOTIS tt In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth . Processed By:TAA 463068 I II IIIIIIIIIII I IIIIII h:196869 A Southern Essex Distriot Registry CQ 1/8/2006 09:43 RM LLC -