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32A-132 (2) EnviT onmentalSafetyHealthGeotechnical O'Reilly, Talbot & Okun 293 Bridge Street [ A S S O C I A T E S ] i Suite 500 Springfield, MA 01103 Tel 413 788 6222 Fax 413 788 8830 J0281 -01 -07 www.oto- env.com January 2, 2009 Office of the Mayor 210 Main Street, Room 12 Northampton, Massachusetts 01060 Attention: Mayor Mary Clare- Higgins Re: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street Northampton, Massachusetts Release Tracking No. 1 -10539 Dear Mayor Clare- Higgins: Attached are complete copies of a Notice of Activity and Use Limitation for 21 to 31 Main Street, and a Confirmatory Notice of Activity and Use Limitation for 19 King Street, Northampton. These documents are being provided to you in accordance with Massachusetts Department of Environmental Protection regulation 310 CMR 40.1403(7)(a). As shown on the Registry of Deeds document identification bar codes at the top of the first page of each document, the Notice of Activity and Use Limitation for 21 to 31 Main Street is recorded in the Hampshire County Registry of Deeds at Book 8300 Page 206, and the Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the Hampshire County Registry of Deeds at Book 9669 Page 170. If you have any questions in this matter, please contact our office. Very trilly yours, O'Reilly, Talbot & Okun r t‘k ft to Edward J. Weal Senior Project : ager Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street c: MassDEP Health Department Anthony Patillo- Building Code Enforcement Wayne Fieden - Planning Official Eric Suher Envi? onmentalSafetyHealthGeotechnical O'Reilly, Talbot & Okun 41113MMESP 293 Bridge Street ( A S S O C I A T E S] Suite 500 Springfield, MA 01103 Tel 413 788 6222 Fax 413 788 8830 J 0281 -01 -07 www.oto - env.com January 2, 2009 City of Northampton Office of Planning and Development 210 Main Street, Rm. 11 Northampton, Massachusetts 01060 Attention: Mr. Wayne Fieden Re: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street Northampton, Massachusetts Release Tracking No. 1 -10539 Dear Mr. Fielden: Attached are complete copies of a Notice of Activity and Use Limitation for 21 to 31 Main Street, and a Confirmatory Notice of Activity and Use Limitation for 19 King Street, Northampton. These documents are being provided to you in accordance with Massachusetts Department of Environmental Protection regulation 310 CMR 40.1403(7)(a). As shown on the Registry of Deeds document identification bar codes at the top of the first page of each document, the Notice of Activity and Use Limitation for 21 to 31 Main Street is recorded in the Hampshire County Registry of Deeds at Book 8300 Page 206, and the Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the Hampshire County Registry of Deeds at Book 9669 Page 170. If you have any questions in this matter, please contact our office. Very truly yours, O" illy Talb • t & 1.1 kun ti r ■ Edward J. Wea, , Senior Project ager Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street c: MassDEP Health Department Mayor Clare- Higgins Anthony Patillo - Building Code Enforcement Eric Suher EnvironmentalSafetyHealthGeotechnic al t O'Reilly, Talbot & Okun -, 293 Bridge Street [ A S S O C I A T E S ] Jr Suite 500 Springfield, MA 01103 Tel 413 788 6222 Fax 413 788 8830 J0281 -01 -07 www.oto- env.com January 2, 2009 Northampton Health Department 212 Main Street Northampton, Massachusetts 01060 Attention: Xanthi Scrimgeour, Director Re: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street Northampton, Massachusetts Release Tracking No. 1 -10539 Dear Director Scrimgeour: Attached are complete copies of a Notice of Activity and Use Limitation for 21 to 31 Main Street, and a Confirmatory Notice of Activity and Use Limitation for 19 King Street, Northampton. These documents are being provided to you in accordance with Massachusetts Department of Environmental Protection regulation 310 CMR 40.1403(7)(a). As shown on the Registry of Deeds document identification bar codes at the top of the first page of each document, the Notice of Activity and Use Limitation for 21 to 31 Main Street is recorded in the Hampshire County Registry of Deeds at Book 8300 Page 206, and the Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the Hampshire County Registry of Deeds at Book 9669 Page 170. If you have any questions in this matter, please contact our office. Very truly yours, O'Reilly, Talbot & Okun 4 1 0 \ bit r Edward J. ■ : gle Senior Projec Manag: Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street c: MassDEP Mayor Clare - Higgins Anthony Patillo - Building Code Enforcement Wayne Fieden - Planning Official Eric Suher The foregoing is a true copy or the record in 3ook C UD', ? , Page 1 0 , of the 'Eiampsk? ire County Registry of Deeda Date ° rhle✓ a4 a-00 s> .ATTEST: REGISTER CfK: U Ib69 Pg: 1$3 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) - 11 0539 1 D. LSP SIGNATURE AND STAMP: 1 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), (H) 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, a if Section 8 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.I. c. 21E and 310 CMR 40.0000 and ([1) complies with 310 CMR 40.1074; > if Section 8 indicates that an Evaluation of Changes In Land Uses/ActIvitles and/or Site Conditions aftera Response Action Outcome Statement is being submitted, this evaluation was' developed In accordance With the applicable provisions of M.G.I. c. 21E and 310 CMR 40.0000 and (iI) complies with 310 CMR 40.1080; > if Section 8 indicates that an Amended Notke ofActfvlty 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 (1) Is being provided in accordance with the applicable provisions of M:G.L. c. 2i E'aricj 310 `CMR 40.0000 and (11) complies with 40.1081; > if Section B Indicates that a Termination or a Partial Termination of a Notke of Activity and Use Limitation, ora Release or Partial Release ofa 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 (ii) complies with 310 CMR 40.1083; > if Section 8 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. 21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1071; > if Section 8 indicates that a ConflrmatoryActivity and Use Limitation 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. 21 E and 310 CMR 40.0000 and (if) complies with 310 CMR 40.1085(4); I am aware that significant penalties may result, Including, but not limited to, possible fines and imprisonment, if I submit information which 1 know to be false, inaccurate or materially incomplete, 1. LSP #: 9908 2. First Name: Kevin J. 3. Last Name: O'Reilly 4. Telephone: (413) 788 -6222 5, Ext.: 6. FAX (413) 788 -8830 7. Signature: 8. Date: mmlddiyyyy 9. LSP Stamp: Revised: 06/27/2003 Page 2 of 2 w ate: s ay -�>l� 31EARIANNE L. DONOM73 ... r y. , vL. • F,XHTBIT jZ 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) - [10539 rerommompumenenownwr A. DISPOSAL SITE LOCATION: 1. Disposal Site Name: 2. Street Address: 21 - 31 Main Street 3. City/Town: Northampton 4. ZIP Code: 01060 -0000 B. THIS FORT i 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 en attachment to BWSC113. Section A and C do not need to be completed. ❑ 3. Provide the LSP Opinion for an Amended Notice ofActivlty 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. 0 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). [Z 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. 19 King Street 2. Street Address: 3. City/Town: Northampton 01060 -0000 4. ZIP Code: Revised: 06/27/2003 Page 1 of 2 Bk: 09669 Pg: 181 ilk • iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum - contaminated soil located greater than four feet below surface grade within the designated AUL area, which is not conducted in accordance with Sections 2 and 3 of this AUL Opinion. 4. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and /or conditions to be undertaken and /or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following. i) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum - contaminated soil located greater than four feet below surface grade within the designated AUL area; ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in human contact with or disturbance of petroleum- contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum- contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. I attest that I have personally examined and am familiar with the information on which this LSP opinion is based and, in my professional judgment, this AUL opinion complies with the requirements for said opinions established under 310 CMR 40.1074. , ` �KEVIN OF MgS� � cyG :h, Signature: R O'REILLY I g No. 8808 p Typed Name: Kevin J. O 'Reilly Seal: `` <¢, 0/8T P Date: December 23, 2008 License Number: 9908 Page 3 bK: 09669 Pg: 180 the AUL area. Because the soils are below existing grade, potential exposures can be limited through application and maintenance of an AUL that restricts excavation or disturbance of this material. 2. Permitted Activities and Uses Consistent with the AUL Opinion. The AUL Opinion pro- vides 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 Portion of the Property: i.) Commercial and /or industrial activities and uses including, but not limited to, non - vegetable gardening, landscaping and routine maintenance of landscaped areas within the designed AUL area, which do not cause and /or result in direct contact with, disturbance of, and /or relocation of the petroleum contaminated soil currently located at depths greater than four feet below grade; ii.) Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and /or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and /or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum- contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 3. Prohibited /Limited 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 Portion of 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 fol- lows: i) Use of the Property as a residence, school for children, or a child day -care facility; ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; Page 2 _... ..wv� rg: 1 !`J EXHIBIT C ACTIVITY AND USE LIMITATION OPINION RELEASE TRACKING NO. 140539 19 King Street Northampton, Massachusetts This exhibit provides the Activity and Use Limitation (AUL) opinion in support of the above referenced release pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the opinion specify: 1. Why the notice of AUL is appropriate to achieve and /or maintain a level of No Significant Risk; 2. Site activities to be permitted; 3. Site activities to be prohibited and /or limited; and 4. Obligations and conditions to maintain a level of no significant risk. These four items are addressed below. It should be noted that the AUL opinion is provided for the area described on Exhibits A -1 in the Notice of Activity and Use Limitation to which this opinion is attached. 1, Achievement and Maintenance of No Significant Risk This AUL opinion addresses the achievement and maintenance of a condition of No Significant Risk for the area described in Exhibit A -1. Soil and groundwater in this area have been subject to a release of petroleum hydrocarbons from a former underground storage tank that was removed in 1994 and from suspected historic petroleum product spills associated with a former gage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in site soil and groundwater. Immediate Response Actions (IRA) were undertaken and included excavation and off -site recycling of contaminated soil. Post remediation testing indicated that groundwater meets current risk -based standards for groundwater for current site use. Contaminated soil is locally present within the described area below a depth of four feet below current surface grade. Soil concentrations meet risk based standards for current use exposure assumptions. These assumptions are that the site will remain in use as commercial or industrial property, such that there will be a low frequency and low intensity of children's use of the property, and that no high intensity uses with the potential to disturb the affected soil will occur. Unacceptable high intensity uses would involve activities where uncontrolled digging would occur. Given the depth below grade of impacted soil and the assumed to be continued current commercial or industrial use of the site, future high intensity uses, or uses involving exposures of children are unlikely to occur. However, since petroleum hydrocarbon concentrations in soils below a depth of four feet within the AUL area locally exceed Massachusetts Department of Environmental Protection (MADEP) risk based standards for unrestricted residential use; the Massachusetts Contingency Plan (MCP) requires that the Site risk assessment be supported with an AUL. Potential exposures to soils axe through dermal contact, ingestion of total petroleum hydrocarbons (TPH) contaminated soils in the event of exposure and /or excavation of soils in Page 1 FITt# u Ys BLOCK LEGEND: — — — PROPERTY UNE ESTIMATED LIMITS OF SOIL EXCEEDING S -1 SOIL STANDARDS i SCALE a 1 " = 30' 0 15 30' 60' CALVIN s o TALBOT ES, NC... OKUN THEATER SITE SKETCH 8 NORTHAMPTON, MASSACHUSETTS DATE: MAY 2005 CERTIFICATE OF INCUMBENCY The undersigned, Secretary/Assistant Secretary of ( ,4 a.,. 5 1L IT_ E corporation (hereinafter "Corporation "), hereby certifies as follows: 1. That he /she is the duly elected, qualified and acting Secretary/Assistant Secretary of the Corporation and is charged with maintaining the records, minutes and seal of the Corporation. 2. That pursuant to the Corporation's By -Laws, as amended, the following named person(s) was /were designated and appointed to the office(s) indicated below, and that said person(s) does /do continue to hold such office(s) at this time, and the signature(s) set forth opposite the name(s) are genuine signatures. NAME 5 yIGNATU TITLE --al.-- I CO f / -- I 3. That pursuant to the Corporation's By -Laws, as amended, and certain resolutions adopted by the Corporation's Board of Directors, the person(s) designated to serve in the above - entitled capacity was /were given sufficient authority to act on behalf of and to bind the Corporation with respect to transactions involving the leasing of equipment, including without limitation the sale and lease back of such equipment, and that the execution by said person(s) of documents related to such transactions, including without limitation Master Lease Agreements and Equipment Schedules thereto, constitute a legally binding and enforceable obligation of the Corporation. 4. That pursuant to the Corporation's By -Laws, as amended, the undersigned has the power and authority to execute this certificate on behalf of orporation and that he /she has so executed this certificate and set the seal of the Corporation this day of , 20 b T i� Signat , J � ._.;; _�, _� _ (SEAL) Name: � t = 4 110 111•11\D " Title: INCUMBENCY.DOC ��jj,, ATTEST: HAMPSHIRE, 00/iNi014 --, It EMISTER MARIANNE L. DONOHUE STATEMENT OF OWNERSHIP The undersigned certifies that, Chamisa Corporation owns the property located at 21 -32 Main Street in Northampton, Massachusetts. WITNESS the execution hereof under the seal this day , of /, "cai , 2005. OWNER Chamisa Corporation By: _ 1 Its: P COMMONWEALTH OF MASSACHUSETTS l itr�,4 /1/ , 2005 Then personally appeared the above named Chamisa Corporation and acknowledged the foregoing to be his /her free act and deed before me, ttary u. .c: / ' My Commission ires: Russell B. Jopson, Jr. Notary Public My Commission Expires March 26, 2010 g Massachusetts Department of Environmental Protection 1 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) 1 - 10539 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. 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 UseslActivities 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 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. 21E and 310 CMR 40.0000 and (ii) complies with 40.1081; > if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a 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. 21E 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. 21 E 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); I am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. 1. LSP #: 9908 Kevin J. O'Reilly 2. First Name: 3. Last Name: y (413) 788 -6222 (413) 788 -8830 4. Telephone: \ 5. Ext.: 6. FAX: S AC/c) 7. Signature: 4� > 8. Date: 0 c/ 7 A�'J mm /dd/yyyy 9. LSP Stamp: 0 0 40 F ' KEVIN� J. O' RE PLLY 1 s No. 9208p s l i p /STEp� 4' ` " � SITE PR0 Revised: 06/27/2003 Page 2 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) - 10539 A. DISPOSAL SITE LOCATION: Property behind Calvin Theater 1. Disposal Site Name: 2. Street Address: 21 - 31 Main Street Northampton 01060 -0000 3. City/Town: 4. ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Q 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). ni 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? Q 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 iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum - contaminated soil located greater than four feet below surface grade within the designated AUL area, which is not conducted in accordance with Sections 2 and 3 of this AUL Opinion. 4. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and /or conditions to be undertaken and /or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: i) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum- contaminated soil located greater than four feet below surface grade within the designated AUL area; ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in human contact with or disturbance of petroleum- contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum- contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. I attest that I have personally examined and am familiar with the information on which this LSP opinion is based and, in my professional judgment, this AUL opinion complies with the requirements for said opinions established under 310 CMR 40.1074(1)(b). Signature: n V1 . J. i O Typed Name: Kevin J. O'Reilly Seal: .;, No. 89Oa( s, /Tres Date: S 0 S -,24)0 License N `r+ v 9908 Page 3 through application and maintenance of an AUL that restricts excavation or disturbance of this material. 2. Permitted Activities and Uses Consistent with the AUL Opinion. The AUL Opinion pro- vides 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 Portion of the Property: i.) Commercial and /or industrial activities and uses including, but not limited to, non- vegetable gardening, landscaping and routine maintenance of landscaped areas within the designed AUL area, which do not cause and /or result in direct contact with, disturbance of, and /or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; ii.) Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and /or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and /or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum- contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 3. Prohibited /Limited 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 Portion of 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 fol- lows: i) Use of the Property as a residence, school for children, or a child day -care facility; ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; Page 2 EXHIBIT C ACTIVITY AND USE LIMITATION OPINION RELEASE TRACKING NO. 1-10539 21 to 31 Main Street Northampton, Massachusetts This exhibit provides the Activity and Use Limitation (AUL) opinion in support of the above referenced release pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the opinion specify: 1. Why the notice of AUL is appropriate to achieve and /or maintain a level of No Significant Risk; 2. Site activities to be permitted; 3. Site activities to be prohibited and /or limited; and 4. Obligations and conditions to maintain a level of no significant risk. These four items are addressed below. It should be noted that the AUL opinion is provided for the area described on Exhibits A -1 in the Notice of Activity and Use Limitation to which this opinion is attached. 1. Achievement and Maintenance of No Significant Risk This AUL opinion addresses the achievement and maintenance of a condition of No Significant Risk for the area described in Exhibit A -1. Soil and groundwater in this area have been subject to a release of petroleum hydrocarbons from a former underground storage tank that was removed in 1994 and from suspected historic petroleum product spills associated with a former garage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in site soil and groundwater. Immediate Response Actions (IRA) were undertaken and included excavation and off -site recycling of contaminated soil. Post remediation testing indicated that groundwater meets current risk -based standards for groundwater for current site use. Contaminated soil is locally present within the described area below a depth of four feet below current surface grade. Soil concentrations meet risk based standards for current use exposure assumptions. These assumptions are that the site will remain in use as commercial or industrial property, such that there will be a low frequency and low intensity of children's use of the property, and that no high intensity uses with the potential to disturb the affected soil will occur. Unacceptable high intensity uses would involve activities where uncontrolled digging would occur. Given the depth below grade of impacted soil and the assumed to be continued current commercial or industrial use of the site, future high intensity uses, or uses involving exposures of children are unlikely to occur. However, since petroleum hydrocarbon concentrations in soils below a depth of four feet within the AUL area locally exceed Massachusetts Department of Environmental Protection (MADEP) risk based standards for unrestricted residential use; the Massachusetts Contingency Plan (MCP) requires that the Site risk assessment be supported with an AUL. Potential exposures to soils are through dermal contact, ingestion of total petroleum hydrocarbons (TPH) contaminated soils in the event of exposure and /or excavation of soils in the AUL area. Because the soils are below existing grade, potential exposures can be limited Page 1 EXHIBIT B w -- Y " w w___w w______ w w w w►H+E wAlER W A N E M E R R I C K 3 DISPOSAL SITE BOUNDARY/ AREA SUBJECT TO RAO i -„ 1 —I =111 =111=1 I I,_ CALVIN = I 11 11 1 1 11= -1 -=r -.; THEATER 10 — I 1 1=1111- -- ...1-1.1- - e5{ =1 -. ; 1 1 0,-4i -141 1 ii-- 1 1 1 1� ILL-. 1 ESTIMATED LIMITS * * — AUL AR #2 1 I 1 - --- - of SOIL EXCEEDING S f f fa = 1 I 1 11, II - 1 1 -1 I —1 1 1 — I 1 1 — 1 . 1 l ' S -1 SOIL STANDARDS AUL AREA �iiia.. '11.'11. °�L 1 - 1 I 1 - 1 11 -1 - #' IM IP111: 1 II — II1 -111 111 t� 1 111. :1 1 14-1- i4V ; 1-i - I 1 =11 � -1 {1 =1II_ 1 GAS UNE BANK AVENUE El k- FORMEROILUST FITZNiLLYS BLOCK LEGEND: — - — PROPERTY UNE 4 -,- ... . -' -.- ESTIMATED UMITS OF SOIL EXCEEDING S -1 SOIL STANDARDS 1 1 1 i SCALE 3 1 "= 30' 0 15' 30' 60' CALVIN 4 °REILLY, TALBOT & °KW SITE SKETCH 2 A.SSOC&TES 'NC. THEATER 8 NORTHAMPTON, MASSACHUSETTS DATE: MAY 2005 EXHIBIT A -1 THE PORTION OF THE PROPERTY Certain land situated in Northampton, Hampshire County, Masssachusetts, more particularly described as "A.U.L. Area No.2" on a plan entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC ", dated May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc. and recorded in the Hampshjire County Registry of Deeds at Book of Plans 0189, Page 0064 containing approximately 3, 944 square feet, bound and described as follows: BEGINNING at a point located 20.03 feet S38 °47'46 "E of a point along the southerly side of Merrick Lane at the northwesterly corner of land identified as 32A -272 now or formerly of Chamisa Corporation, THENCE S52 °28'32 "E for a distance of 55.57 feet to a point, THENCE S42 °35'35 "W for a distance of 25.71 feet to a point, THENCE S47 °07'40 "W for a distance of 57.74 feet to a point, THENCE N38 °47'46 "W for a distance of 25.03 feet to a point, THENCE N38 °47'46 "W for a distance of 47.61 feet to the said point of beginning. EXHIBIT A 21 -31 MAIN STREET, NORTHAMPTON, MASSACHUSETTS A certain parcel of land situated in Northampton, Hampshire County, Massachusetts, shown and more particularly described as Parcel 2B on a plan of land recorded in the Hampshire County Registry of Deeds at Book of Plans 151, page 74, also shown and more particularly described as parcel 32A-272 on a Plan of Land entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC ", dated May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc., and recorded in the Hampshire County Registry of Deeds at Book of Plans 0189, page 0064, bound and described as follows: BEGINNING at a point located along the southerly side of Merrick Lane at the northwesterly corner of land now or formerly of Chamisa Corporation, THENCE N46 °18'45 "E for a distance of 83.60 feet to a point, THENCE N37 °26' 12 "E for a distance of 15.44 feet to a point, THENCE S48 °56'39 "E for a distance of 76.58 feet to a point, THENCE S47 °04'40 "W for a distance of 112.08 feet to a point, THENCE N38 °47'46 "W for a distance of 47.61 feet to a point, THENCE N38 °47'46 "W for a distance 25.03 feet to the said point of beginning. 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. Date: 7— e J' ,f KEVtN ,17 J. 1(8 O'REILLY a e . 00. 9908 K O'Rei]y e $07E p COMMONW OF MASSACHUSETTS J 4.4,it� , ss 41 al ± ,2005 Then personally appeared the above named Kevin O'Reilly and acknowledged the foregoing instrume to . his free act and deed before me, Notary Public: / - My Commission Expir- : Ru /elI R , Jr Notary Jopson Pubilo My Commission Expires March 26, 2010 Upon recording, return to: Chamisa Corporation 31 Campus Plaza Road Hadley, Massachusetts WITNESS the execution hereof under seal this day of May, 2005. Chamisa Corporation By: Its: P sident COMMONWEALTH OF MASSACHUSETTS ekrzeioa , ss 2005 Then personally appeared the above -named Douglas Kohl and acknowledged the foregoing instrume to be free act and deed before me, Notary Public: e% . • ussell 8. Jopson, Jr. My Commission Expires: Notary Public My Commission Expires March 26, 2010 WITNESS the execution hereof under seal this - day of May, 2005. Chamisa Corporation By: C -- Its: T reasurer COMMONWEALTH OF MASSACHUSETTS ss 2005 Then personally appeared the above -named Douglas Kohl and acknowledged the foregoing .y strume• , ..e free act and deed before me, Notary Public: / My Commission Exp - s: 't� R eII B. Jopson, Jt / otary Public My Comm:. ion Expires March 26, 2010 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 seg., the owner or operator of the Portion 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). ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum - contaminated soil located greater than four feet below surface grade within the designated AUL area, which is not conducted in accordance with Sections 1 and 3 of this AUL Opinion. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and /or conditions to be undertaken and /or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: i) A Soil Management Plan must be approved by an LSP and implemented prior to the initiation of any subsurface activity which may disturb petroleum- contaminated soil located greater than four feet below surface grade within the designated AUL area; ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in disturbance of petroleum- contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum- contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of 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 material in soil and /or (b) the restriction of certain activities occurring in, on, through, over or under the Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ( "AUL Opinion "), dated May � 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 CIVIR 40.0000) so long as any of the following activities and uses occur on the Portion of the Property: i.) Commercial and /or industrial activities and uses including, but not limited to, non - vegetable gardening, landscaping and routine maintenance of landscaped areas within the designed AUL area, which do not cause and /or result in direct contact with, disturbance of, and /or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; ii.) Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and /or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and /or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum - contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 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 Portion of 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) Use of the Property as a residence, school for children, or a child day -care facility; lii II Ills Iilllllillll IIINNII Ilillliliiil Iill 20 � Bk: 8300Pg: 206 Page: 1 of 16 Recorded: 06/14/2005 01:20 PM Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, 6 and 310 CMR 40.0000 Disposal Site Name: Property behind Calvin Theater DEP Release Tracking No.: 1 -10539 This Notice of Activity and Use Limitation ( "Notice ") is made as of this day of May, 2005, by Chamisa Corporation of 31 Campus Plaza Road, Hadley, Massachusetts, together with its successors and assigns (collectively "Owner "). WITNESSETH: C WHEREAS, Chainisa Corporation of Hadley, Hampshire County, Massachusetts is the owner in fee simple of that certain parcel of land known as 21 -31 Main Street, Northampton, Hampshire County, Massachusetts with the buildings and improvements thereon pursuant to a deed recorded with the Hampshire County (/ Registry of Deeds in Book 4238, Page 14 (the property); 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 on a plan recorded in the Hamsphire County Registry of Deeds in Plan Book 151, Plan 74; WHEREAS, a portion of the Property ( "Portion of the Property ") is subject to this Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded and described in Exhibit A -1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Hampshire County Registry of Deeds in Plan Book 0189, Plan 0064; WHEREAS, the Portion of the Property comprises part 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 Portion 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 Portion of 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 Bk: 09669 Pg: 178 , EXHIBIT B 7 ,,,,— ../ -- -- ---- WATER UN LANE ■ M E R R I C K DISPOSAL SITE BOUNDARY/ AREA SUBJECT TO RAO 1 - III - III -I I I -I I - I= CALVIN 1 • _ I -1 I =1 I I -I 11 1,_ . THEATER 1 4 . 4 I I I - III X11 =1 11 1 i 14. � ' LL —1 1 I 2 1 1 -GAR - ESTIMATED UNITS ?S 1 rl AREA # OF SDIL EXCEEDING •i' . • AUL I S-1 SOIL STANDARDS AUL AREA �f I I I - I I -111-1 ,; I -11 - I I I fil i I i. � #, �� � �., II -1 I I - I I -1 • ,� � .4.4 I I I = 1 11 =1 I i - 11 1=-11 i t1 1 I I. '1444 4-1--=-1-147---1.4 I I=11 I -111 IVi e' 11 =I 11_ I I I-.-47T- _______ _______ _ 'T _ GASH I BANK AVENUE El \ -, FORMER OIL UST Fl TZ RILL Y'S BLOCK LEGEND: - - - PROPERTY UNE g 1 . - . - . -. ESTIMATED UNITS OF SOIL EXCEEDING S -1 SOIL STANDARDS R ■ 1 8 SCALE 1 " = 30' 1 4 0 1 - ' 60' $ CALVIN , o ?EELLY, TALBOT & OXUN S 1 TE SKETCH ASSOCIATES; INC. THEATER 8 NORTHAMPTON, MASSACHUSETTS DATE: MAY 2005 Bk: 09669 Pg: 177 EXHIBIT A -1 THE PORTION OF THE PROPERTY Certain land situated in Northampton, Hampshire County, Massachusetts, more particularly described as "A.U.L. Area No.1" on a plan entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC ", dated May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc. and recorded in the Hampshire County Registry of Deeds at Book of Plans 0189, Page 0064 containing approximately 1,180 square feet, bound and described as follows: BEGINNING at a point located 20.03 feet S38 °47'46 "E of a point along the southerly side of Merrick Lane at the northwesterly comer of land identified as 32A -272 now or formerly of Chamisa Corporation, THENCE S38 °47'46 "E for a distance of 52.18 feet to a point, THENCE S42 °35'35 "W for a distance of 22.43 feet to a point, THENCE northwesterly along the northeast wall of the existing building for a distance of 53.8 feet more or less to a point, THENCE N41 °10' 18 "E for a distance of 22.86 feet to the said point of beginning. 4 Bk: 09669 Pg: 176 EXHIBIT A 19 KING STREET, NORTHAMPTON, MASSACHUSETTS A certain parcel of land situated in Northampton, Hampshire County, Massachusetts, shown and described on a Plan of Land entitled "Map of the Roberts Place, King Street, Northampton, Massachusetts - - -- May 29, 1920 ----" recorded in Hampshire County Registry of Deeds Plan Book 5, Page 34, also described as Parcel 32A -272 on a Plan of Land entitled "Plan of Land in Northampton, Massachusetts Prepared for Northampton Investments II, LLC ", dated May 28, 1999, prepared by Abner Huntley, Jr. & Associates, Inc., and recorded in the Hampshire County Registry of Deeds at Book of Plans 0189, page 0064, bound and described as follows: BEGINNING at the intersection of King Street and Merrick Lane at an iron pin at the most westerly corner of the premises to be described and THENCE northeasterly along Merrick Lane for a distance of 186.06 feet to a comer on the right of way in the rear, THENCE turning to the right and running southerly with an interior angle 81 °57' for a distance of 80.00 feet along the right of way to a corner of Bank Avenue, THENCE turning and running south of west with an interior angle 98 °48' along Bank Avenue for a distance of 125.40 feet to an iron pin on said Bank Avenue, THENCE in the same general direction extending with an interior angle of 182 °04' for a distance of 172.50 feet to a corner of land now or formerly of Michael J. and William J. Parnell, THENCE turning left and running for a distance of 40.00 feet along land now or formerly of Michael J. and William J. Parnell, THENCE continuing in the same straight line a distance of 3.87 feet to King Street, THENCE turning to the right and running west of north along King Street to the point of beginning, which point of beginning is distant from the last before mentioned boundary line 53.9 feet as measured on the building line shown on a Plan recorded in Hampshire County Registry if Deeds Plan Book 5, Page 34. Bk: 09669 Pg: 175 Form 1075 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 Confirmatory Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: /2/2 3/.2 D o 3 li v .0 M `icr Kevin J. O'Rei y y KEVIN�(i O'REILLY Seal: • •. No. 9908 { '$) 9908 P ppoiccV COMMONWEALTH OF MASSACHUSETTS {- AtV P1Et.! , ss December 23, 2008 On this 23rd day of December, 2008, before me, the undersigned notary public, personally appeared Kevin J. O'Reilly, provided to me through satisfactory evidence of identification, which was p2r5onal i krOW n, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (as Licensed Site Professional) [ 1 Notary Public: My Commission Expires: HEIDI L. GAUTHIER, Notary Public Commonwealth of Massachusetts My Commission Expires Dec. 19, 2014 Upon recording, return to: Northampton Investments II, LLC 47 Jackson Street Holyoke, MA 01040 • Bk: 09669 Pg: 174 Form 1075 In all other respects the terms of the Notice of Activity and Use Limitation remain unchanged. WITNESS the execution hereof under seal this 23rd day of December, 2008. Northampton Investments II, LLC By: Eric Suher, Its Manager COMMONWEALTH OF MASSACHUSETTS I1A MPDCU , ss December 23, 2008 On this 23rd day of December, 2008, before me, the undersigned notary public, personally appeared Eric Suher, provided to me through satisfactory evidence of identification, which was DRa UEYZS, PC-04W' , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (as manager for Northampton Investments II, LLC, a corporation) IleviLjg Notary Public: My Commission Expires: HEIDI L. GAUTHIER, Notary Public Commonwealth of Massachusetts My Commission Expires Dec. 19, 2014 Bk: 09669 Pg: 173 Form 1075 iv) A Groundwater Management Plan must be approved by an LSP and implemented prior to extraction of groundwater for construction (or other) dewatering. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Portion of 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 Portion 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 Confirmatory Notice, said Confirmatory Notice to become effective when executed under seal by the undersigned LSP, and recorded and /or registered with the appropriate Registry of Deeds and /or Land Registration Office. This Confirmatory Notice of Activity and Use Limitation is given to correct inadvertent error(s) made in the Notice of Activity and Use Limitation dated May 5, 2005, and recorded with the Registry of Deeds in Book, 8300 Page 227, said errors(s) being the following: Demonstration of signatory authority was not attached to the previous Notice of Activity and Use Limitation. Bk: 09669 Pg: 172 Form 1075 v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this paragraph. 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 Portion of 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) Use of the Property as a residence, school for children, or a child day -care facility; ii) Use as a high intensity recreation area, such as playing field or playground; iii) Extraction of groundwater for any purpose other than construction (or other) dewatering conducted in accordance with a Groundwater Management Plan approved by a Licensed Site Professional (LSP) prior to initiation of dewatering; iv) Agricultural use for the growing of food for consumption by humans or by livestock intended for human consumption; and v) Any subsurface activity including, but not limited to, excavation which may result in direct contact with, disturbance, or relocation of the petroleum- contaminated soil located greater than four feet below surface grade within the designated AUL area, which is not conducted in accordance with Sections 1 and 3 of this AUL Opinion. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and /or conditions to be undertaken and /or maintained at the Portion of the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: i) A Soil Management Plan must be approved by an ISP and implemented prior to the initiation of any subsurface activity which may disturb petroleum- contaminated soil located greater than four feet below surface grade within the designated AUL area; ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the initiation of any long term (greater than 92 days) subsurface activity which may result in disturbance of petroleum - contaminated soil located at depths greater than four feet below surface grade within the designated AUL area. The Health and Safety Plan must be prepared in accordance with requirements set forth in 310 CMR 40.0018; iii) The petroleum- contaminated soil located greater than four feet below grade within the designated AUL area may not be relocated to a shallower depth within the designated AUL area, unless such activity is first appropriately evaluated by an LSP who renders an Opinion which attests that such activity poses no greater risk of harm to health, safety, public welfare, or the environment and is consistent with the provisions of the MCP; and Bk: 09669 Pg: 171 Form 1075 WHEREAS, the Portion of the Property comprises part 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 Portion 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 Portion of 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 Portion of the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion "), dated December 23, 2008, 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 Portion of the Property: i.) Commercial and /or industrial activities and uses including, but not limited to, non - vegetable gardening, landscaping and routine maintenance of landscaped areas within the designed AUL area, which do not cause and /or result in direct contact with, disturbance of, and /or relocation of, the petroleum contaminated soil currently located at depths greater than four feet below grade; Excavation at depths greater than four feet below grade associated with short term (92 days or less) subsurface utility and /or construction work which may be deemed necessary within the designated AUL area, provided that it is conducted in accordance with a Soil Management Plan approved by an LSP prior to the initiation of such activities; iii.) Long term (greater than 92 days) subsurface activities and /or construction at depths greater than four feet below grade including, but not limited to, excavation within the designated AUL area which may disturb petroleum- contaminated soil currently located at depths greater than four feet below surface grade, provided that such activities are conducted in accordance with a Health and Safety Plan and a Soil Management Plan approved by an LSP and implemented prior to the initiation of such activities; iv.) Activities and uses which are not prohibited by this Notice of AUL; and Bk: 09669 Pg: 170 1111,J, [ Bk: 9889Pg: 170 Page: 1 of 14 Recorded: 12/24/2008 09 :20 AM Form 1075 CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: Property behind Calvin Theater DEP Release Tracking No.: 1 -10539 This Confirmatory Notice of Activity and Use Limitation is made as of this 23rd day of December , 2008, by Northampton Investments II, LLC of 47 Jackson Street, Holyoke, Hampden County, Massachusetts, together with its successors and assigns (collectively "Owner "). WITNESSETH: WHEREAS, Northampton Investments II, LLC of Holyoke, Hampden County, Massachusetts is the owner in fee simple of that certain parcels of land known as 19 King Street, Northampton, Hampshire County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 5530 Page 211; WHEREAS, said parcels of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ( "Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Hampshire County Registry of Deeds in Plan Book 5, Page 34; WHEREAS, a portion of the Property ( "Portion of the Property ") is subject to this Notice of Activity and Use Liritation. The Portion of the Property is more particularly bounded and described in Exhibit A -1, attached hereto and made a part hereof. The Portion of the Property is shown on a plan recorded with the Hampshire County Registry of Deeds in Plan Book 0189, Page 0064, and on a sketch plan attached hereto and filed herewith for registration; EnvironmentalSafetyHealthGeotechnical t )..- O'Reilly, Talbot & Okun -► ' 3 [ A S S O C I A T E S ] 293 Bridge Street 1 � Suite 500 ` rt i , Springfield, MA 01103 ' !' u , ' Tel Tel 413 788 6222 Fax 413 788 8830 J 0281-01-07 t ,• ;� www.oto- env.com January 2, 2009 i F . City of Northampton Office of the Building Commissioner 212 Main Street Northampton, Massachusetts 01060 Attention: Mr. Anthony Patillo, Commissioner Re: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street Northampton, Massachusetts Release Tracking No. 1 -10539 Dear Mr. Patillo: Attached are complete copies of a Notice of Activity and Use Limitation for 21 to 31 Main Street, and a Confirmatory Notice of Activity and Use Limitation for 19 King Street, Northampton. These documents are being provided to you in accordance with Massachusetts Department of Environmental Protection regulation 310 CMR 40.1403(7)(a). As shown on the Registry of Deeds document identification bar codes at the top of the first page of each document, the Notice of Activity and Use Limitation for 21 to 31 Main Street is recorded in the Hampshire County Registry of Deeds at Book 8300 Page 206, and the Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the Hampshire County Registry of Deeds at Book 9669 Page 170. If you have any questions in this matter, please contact our office. Very truly yours, O'Reilly, Ta . of & Okun i 41 0 *I A ' I 4 .1, Edward J. 1 le Senior Projec. ■ anager Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street Confirmatory Notice of Activity and Use Limitation, 19 King Street c: MassDEP Health Department Mayor Clare - Higgins Wayne Fieden - Planning Official Eric Suher