Loading...
15 ROBINSON ROAD AUL (002) RECEIVED OCT 112022 CITY OF SALEM BOARD OF HEALTH GFS GEOLOGICAL FIELD SERVICES, INC. October 4, 2022 Mayor Kimberly Driscoll City of Salem 93 Washington St. Salem,MA 01970 RE: Notice of Activity and Use Limitations Termination& Notice of Activity and Use Limitations Recording 15 Robinson Road Salem,MA 01970 RTN 3-26542 Dear Mayor Driscoll: Enclosed is copy of the Notice of Activity and Use Limitation(AUL)Termination and a new Notice of Activity and Use Limitations that have been recorded by 15 Robinson Road,LLC on the above referenced property. The document was prepared in accordance with the Massachusetts Contingency Plan(MCP) 310 CMR40.1074. Should you have any questions,please contact me. Sincerely, GEOLOGICAL FIELD SERVICES,INC. I . Luke Fabbri President,LSP 14 Hubon Street,Salem,Massachusetts 01970 Tel: (978)594-1376 Massachusetts Department of Environmental Protection LmDEP Transaction copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Usemame: LFABBRI Transaction ID: 1434460 Document: BWSC113 Activity&Use Limitation(AUL)Form Size of File: 201.24K Status of Transaction: In Process Date and Time Created: 10/4/2022:3:08:08 PM Note:This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to"Download a Copy"from the Current Submittals page. LlMassachusetts Department of Environmental Protection BWSC 113 12 Bureau of Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL,FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40,1084(Subpart 1) 3 26542 A.DISPOSAL SITE LOCATION: 1.Disposal Site Name: A&H AUTO EXCHANGE INC 2.Street Address: 15 ROBINSON RD 3.Citp Town: SALEM 4.ZIP Code: — 5.Check here if the disposal site that is the source of the release N'Tier Classified.Check the current Tier Classification Category. a.Tier I b.Tier 1D c.Tier Il R.THIS FORM IS BEING USED TO:(check one) 1.Submit a Registry copy of a Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1074_ 2.Submit an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Permanent or Temporary Solution Statement has been tiled pursuant to 310 CMR 40.1080. r 3.Submit a Registry copy of an Amended_Notice of Activity and Use Limitation,pursuant to 310 CMR 40.1081. — 4.Submit a Registry copy of a Partial Termination of a Notice of Activity and Use Limitation;pursuant to 310 CMR 40.1083(3). 5.Submit a Registry copy of a Termination of a Notice of Activity and Use Limitation,pursuant to M 0 CMR 40,1083(1), 1-- 6.Submit a Registry copy of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1071, 7.Submit a Registry copy of an Amendment of a Grant of F,nvironmental Restriction,pursuant to 310 CM R 40.108](3). 8.Submit a Registry copy of a Partial Release or a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083(2). 9.Submit a Registry copy of a Release of a Grant of Environmental Restriction,pursuant to 310 CMR 40.1083{I)(d1• 10.Submit a Registry copy of a Confirmatory Activity and Use Limitation,pursuant to 310 CMR 40.1085(4). 11.Submit a Registry copy of a Deed,referencing a Notice of Activity and Use Limitation,following the recording or registering of said deed conveying the record title for the property,pursuant to 310 CMR 40.1074(5). (Section D and I I arc not required). 12.Provide Additional RTW f a.Check here if this AUL Submittal covers additional Release Tracking Numbers(Rl"Ns). b.Provide the additional Release Tracking Number(s) - covered by this At;L Submittal. (All sections of this transmittal form must be filled out unless otherwise noted above) C.AUL INFORMATION: L Document(per Section 13)Recording and,or Registration In Formation: a.dame of Registry of Deeds andfor Land Registration Office: souTH ESsIX b.Book and Page Number and/or Document Number: 412281462 c.Date of recording andior registration- 11114/2022 nnniddiyyyy 2.Is the address of the property subject to AUL different from the disposal site address listed above? 4 a.No i`b.Yes If yes.then fill out address section below. 3.Street Address: 4.City/Town: 5,ZIP Code: Revised:08/27.12015 Page i of 5 , `71Massachusetts Department of Environmental Protection SWSC 113 12 Bureazi of Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart 3) 3 - 26543 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 Ch1R4.03(2),and(iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,infornation and belief; >if Sectinn 8 indicates that a Notice of Activity and Use Limitation has been registered armllor reworded.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; >?/'Section B indicates that art Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Permanent or Temporary Solution 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; >?j'Secrion B indicates that an Amended Novice of Activity and Use Limitation or Amendment to a Grant of Environmental Restriction has been registered andfor 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 F and 31 ft-MR 40.0000 and(ii)complies with 40.1091; >iif Section B indicates that a Termination or a Partial Termination of a Native of Activity and Use Limitation,or a Release or Partial Release of a Grant of Environmental Restriction has been registered and-nr recorded,the Activity and Use i,imitation that is the subject of this submittal(i)is being provided in accordance with the applicable provisions of M.G.I..c.2 1 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1083; >ff Section B indicates that a Grant ofEnvironinental Restriction has been registered andlor recorded,the Activity and Usc Limitation that is the subject oftW%submittal(i)is being provided in accordance with the applicable provisions of M.G.L.c.21 F and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1071; >if Section B indicates that a Confirmatory Activity and Use Limitation has been registered ant or recorder}.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. 1.131?4: 9988 2.First Name' LUKE A 3.Last Name: FABBRI 4.Telephone: 9785941375 5.Ext.: b.Email: 7.Signature: LUKEAFABBRI 8.bate: 1 01412 0 2 2 tnm!dc yyyy 9.LSP Stamp: R y r:• ��j��,1C^s ' ;,i ? r-j Revised:08/27/2015 Page 2 of 5 `7jMassachusetts Department of Environmental Protection BWSC 113 12 Bureau o,f Waste Site Cleanup Release Tracking 1\umbcr ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL.FORM Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart 1) 3 - 26542 E.PERSON SUBMITTING AUL TRANSMITTAL FORA: 1.Check all that apply: f—a.change in contact name I—b.change of address c.change in the person undertaking response actions 2.Name of Organization: 15 ROBINSON ROAD LLC 3.Contact First Name: MICHAa 4.Last Name: WOW 5.Street: 27 FARM AVE 6.Title: MANAGER 7.City/Town: PEABODy 8.State: MA 9.ZIP Codc: ot960oo0o 10.Telephone: 9785357200 11.Exl.: 12.Email: 13.Is the person described in this section the owner of the property? a.Yes Z—b.No,if checked then Section 11 must be filled out by at least one owner unless submitting a Dm-d referencing a Notice of Activity and Use Limitation in accordance with 310 CMR 40.1074(4). f e.Check here if providing names and addresses of any additional owners in an attachment. F.RELATIONSHIP TO DISPOSAI.SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM:(check one) Check here to change relationship r 1.RP or PRP f—a.Owner I b.Operator f—c.Generator r d.Transporter io e.Other RP or PRP Specify: aJGlBLECMVER+OPERATOR 1 2.Fiduciary,Secured Lender or Municipality with Fxempt Status(as defined by M.G.1..c.21 E,s.2) — 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s. 50)) 4.Any Other Person Submitting AUt. Specify: Revised:08/27/2015 Page 3 of 5 Massachusetts Department of Environmental Protection BW5C 113 12 Bureau o f Waste Site Cleanup ACTIVITY&USE LIMITATION(AUL)TRANSMITTAL FOR.NI Release Tracking NumberLI J _ Pursuantc4.. to 310 CMR 40,1056 40.1070-40.1094(Subpart J) 3 26542 G.REQUIRED ATTACHMENT AND SUBMITTALS: T 1.Check hereto certify that notice of the proposed Activity and Use Limitation(ALL)was given to all record-interest holders. if any,via certified snail,in accordance with 310(:M R 40.1074(1)(d)or 310 CMR 40.108I(4)(c)fir a Notice of AUL or Notice of Amended AUL. f a.Check here if there were no record interest holders. b.Date of certified mailing: mmiddryyyy e.Check here to certify that names and addresses of all record holders notified i,attached. * 2.Check here to certify that within 30 days of recording and.`or registering the AUL,including amending-releasing or terminating the AUL,a copy of the AUI,w-ds/will be provided to the Chicf Municipal Officer,the Board of[Health,the Zoning Official,and the Building Code Enforcement Official in the cornmunhy(ies)where the the property subject to such Activity and Use Limitation is located. * 3.Check here to certify that within 30 days of recording and'or registering the AUL.including amending,releasing or terminating the AUL,a Legal Notice was will be published in a newspaper with circulation in the eommunity0cs-)where the property subject to the AUL is located. IV 4.Check here to certify that within 7 days of publishing a Legal Notice in a newspaper with circulation in the community(ics) where the property subject to the AUL is located,a copy of the notice was will be submitted to DEP. 1— 5.If an AUL Compliance Fee is required for this AUL,check here to certify that an Al;L Compliance tree was submitted to DEP,P.O.Box 4062.Boston,7%1A 02211. 6.Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid.Send corrections to bwse.cdep@statc.ma.us. FV 7.Check here to certify that the LSP Opinion containing the material.facts,data,and other information is attached. H.CERTiFIC:ATiON OF OWNER OF PROPERTY,IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: 1, 1, .attest under the pains and penalties of perjury that I am the owner of saidproperty(ies),subject to the AL;L 2. 3.date: Signature mm%dd'yyyy 4.Natnc of Organization: 5.Contact First Name: 6. Last'Name: 7.Street: S.Title: 9.City/Town: 10.State: I I.ZIP Code: 12.Telephone: 13.Ext.: 14.Email: Revised:007.12015 Page 4 of 5 L1. Massachusetts Department of Environmental Protection BWSC 113 12 Bureall of Waste Site Cleanup ACTIVITY&USE LIMITATION(ALL)TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056&40.1070-40.1084(Subpart J) 3 - 26542 1.CERTIFICATION OF PERSON MAKINC SUBMITTAL: 1. 1, MtCHAEL WEBS .attest under the pains and penalties of perjury(i)that I have personally examined and aim familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)lhat,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete„and(iii) that I am fully authorized 10 make this attestation on behall'of the entity legally responsible for this submittal.Itthe person or entity on whose behalf this submittal is made amlis aware that there are significant penalties.including,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. Pursuant to 310 CV1R 40,1074(1)(c).I also hereby certify under penalties of perjury.that either I(if person sitbimirting the AUL Transmittal Fonn is the property owner),or 2.dame of Property Owner am/is identified on the Notice of AUL as the owner of the property subject to the AUL,owned such property on the date that.the Alit was recorded and/or registered 3.By: MICHAELWEISS 4.Title: MANAGER Signature 5.For: 15 ROBINSON ROM LLC 6.Date: 1014l2022 (dame of person or entity recorded in Section E) mntiddlyyyy - 7.Check here if the address of the person providing certification is different from address recorded in Section E. 8.strcct: 9.City/Town: 10.State: 11.ZIP Code: 12.Telephone: 13. Ext.: 14.Finail: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE.FEE OF LIP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE.YOU MUST LEGIBLY COMPLETE A].1.REI.FVANT SECTION'S OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE.IF YOU SUBMIT AN INCOMPLETE. FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 10/4/2022 2:52:58 PM Revised:08/27/2015 Page 5 of 5 �I I�I�I III�I�II���Ill�liflfIlN�I I� SO, ED 4192 Bk;41228 Pg,452 1010412G22 01_39 TRM Pq 112 Form 1084C TERMINATION OF NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21 E. � 6 and 310 CM 40.0000 f,310 CMR 40.1083(1)(bZ) Form 1084C Is Used When the Notice of Activity and Use Limitation Is Being Substituted by a New Notice of Activity and Use Limitation Disposal Site Name: 15 Robison Road DEP Release'Tracking No.(s)3-26542 WHEREAS, a Notice of Activity and Use Limitation has been recorded with the Essex South District Registry of Deeds in Book 37237 Page 237, (said Notice of Activity and Use Limitation and any amendments thereto are collectively referred to herein as "Notice" WHEREAS, said Notice sets forth limitations on use and activities, conditions and obligations affecting certain land situated in Salem, Essex County, Massachusetts [with the buildings and improvements thereon], said land being more particularly bounded and described in Exhibit A attached hereto and made a part hereof("Property"); and WHEREAS, said Notice is being terminated so that it may be substituted with the Notice of Activity and Use Limitation given by15 Robinson Road, LLC, dated October 6, 2022, and recorded and/or registered immediately hereinafter; NOW, THEREFORE, I, of Michael Weiss Manager of 15 Robinson Road, LLC of Salem, Essex County, Massachusetts, being the owner of said Property, do hereby terminate said Notice and substitute the same with the Notice of Activity and Use Limitation given by by 15 Robinson Road. LLC,dated October 6.2022,and recorded and/or registered immediately hereinafter. 15 Robinson Road, LLLC authorizes and consents to the filing and recordation/and or registration of this Termination of Notice of Activity and Use Limitation,said Termination to become effective when recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office. WFINESS the execution hereof under seal this 411 day of October, 2022. 15 Robinson Road,LLC A Massachusetts limited liability company F� 1 Mie el Weiss, lqa6ger and not individually (hereunto authorized) Form 1084C: continued COMMONWEALTH OF MASSACHUSETTS Essex, ss October 4, 2022 On this 41h day of October,2022,before me,the undersigned notary public,personally appeared Michael Weiss,Manager of 15 Robinson Road,LLC, proved to me through satisfactory evidence of identification, which was a driver license to he the person whose name is signed on the preceding or attached document, and acknowledged to nee that he signed it voluntarily for its stated purpose. tVotary Public: My Commissio!e re Upon rccording,rctut'��ip� OF The Panos Law Group 14;iIj,,,Ftii 0%' 246 Andover Street, Suite 301 Peabody,MA 01960 Attn: Jason A. Panos, Esq