32C_063 Hampton Ave Activity and Use LimitationWOODARD
&CURRAN
COMMITMENT & INTEGRITY
DRIVE RESULTS
August 23, 2012
City of Northampton
210 Main Street
Northampton, Massachusetts 01060
Re: Notification to Record Interest Holder
Pending Notice of Activity and Use Limitation
20 Hampton Avenue, Northampton, Massachusetts
MassDEP Release Tracking Number 1 -14435
To Whom It May Concern:
The terms of the AUL will consist of the following:
35 New England Business Ctr. T 866.702.6371
Suite 180 T 978.557.8150
Andover, Massachusetts 01810 F 978.557.7948
www.woodardcurran.com
CERTIFIED MAIL. - -- RETURN - RECEIPT REQUESTED
3d-c-e
On behalf of Hampton Housing Associates Limited Partnership (the current property owner), c/o
Schochet Mass, Inc. (Its General Partner), Woodard & Curran, Inc. is sending you this letter to fulfill the
notification requirements for a proposed Notice of Activity. and Use Limitation (Notice of AUL)
established by the Massachusetts Contingency Plan (MCP; 310 CMR 40.0000). You have been
identified as a current holder of record interest in the property located at 20 Hampton Avenue,
Northampton, Massachusetts. As required by 310 CMR 40.1074(1)(e), current holders of any record
interest in the area subject to the proposed Notice of AUL shall be notified of the existence and location
of oil and /or hazardous material (OHM) within such area and the terms of such proposed Notice. The
OHM present at the property consists primarily of petroleum hydrocarbons (including volatile and
extractable petroleum hydrocarbons [VPH /EPH] and polycyclic aromatic hydrocarbons [PAHs]) in soil
and groundwater related to one or more releases from above and underground storage tanks
(ASTs /USTs) at the subject property. Although a condition of No Significant Risk (NSR) exists for all
human receptors that currently occupy the property (including current multi - family residential
occupants), a condition of NSR could not be achieved for future hypothetical single - family residential
receptors. Accordingly, an AUL is required to restrict future single - family residential use and other such
uses of the Portion of the Property where petroleum impacts are present in the future to ensure that the
condition of NSR is maintained.
1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of
NSR 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) Activities and uses on the Portion of the Property involving multi - family residential
development, industrial or commercial development and /or operations including, but not
limited to, day care facilities, educational facilities, offices, retail businesses, restaurants, and
other such uses provided that all buildings used or designed for human occupancy are
constructed with a slab -on -grade foundation, or with sub -grade parking, and are constructed in
accordance with Obligations and Conditions (i) and (ii) in Paragraph 3 below. Outdoor uses of
the Portion of the Property including playgrounds, recreational fields, parks, bike paths,
vehicular and pedestrian traffic, vehicular parking, landscaping, hardscaping, routine
maintenance of hardscaped and /or landscaped areas and customary accessory uses are also
allowed.
WOODARD
&CURRAN
(ii) Emergency utility work including excavation, maintenance, and repairs to site utilities;
(iii) Short -term (6 months or fewer) construction, development, excavation and /or other
subsurface activities, including, without limitation — non - emergency utility work, provided that
such work is (a) conducted in accordance with the management procedures given at 310 CMR
40.0030, and any applicable worker and public health and safety practices pursuant to 310
CMR 40.0018, and (b) managed in accordance with Obligations and Conditions (i) and (ii) in
Paragraph 3 below;
(iv) 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; and
(v) 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 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 Portion of the Property for single - family residential purposes;
(ii) Use of sub -grade buildings or structures at the Portion of the Property for occupiable
space, such as residential space, offices, retail businesses, restaurants, childcare or other
regular occupancy;
(iii) With the exception of emergency utility work as described in Paragraph 1 (ii), invasive
activities and /or uses which are likely to involve the excavation, removal and /or subsurface
disturbance of soil and /or groundwater at the Portion of the Property, without the prior
development and implementation of a Soil Management Plan and a Health and Safety Plan in
accordance with the MCP.
(iv) Any long term (more than 6 months) invasive subsurface activities at the Portion of the
Property unless such activity is evaluated by a Licensed Site Professional who renders an
Opinion that states that such disturbance is consistent with maintaining a condition of No
Significant Risk.
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 developed and implemented prior to the initiation of any
planned (non- emergency) invasive subsurface activity (e.g., construction) to be performed with
respect to soil and /or groundwater at the Portion of the Property. The Soil Management Plan
must be prepared by an LSP in accordance with the soil management procedures of the MCP
at 310 CMR 40.0030 et seq.; and
(ii) A Health and Safety Plan must be developed and implemented prior to the initiation of any
planned (non- emergency) invasive subsurface activity to be performed with respect to soil
and /or groundwater at the Portion of the Property. The Health and Safety Plan must be
prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in
health and safety protocols. The Plan should clearly describe the nature of the oil and
20 Hampton Avenue, Northampton, MA (210765) 2 Woodard & Curran
30 -Day Notification Letter August 23, 2012
hazardous materials located in soils and /or groundwater throughout the area of the Portion of
the Property where invasive subsurface activities are planned and specifically identify the
types of personal protective equipment, monitoring devices, and engineering controls
Ilk necessary to ensure that workers are not exposed (in a manner inconsistent with the MCP or
this AUL) via dermal contact, ingestion, and /or the inhalation of particulate dusts /vapors.
WOODARD _ - Workers _who _may _come . in contact with soil and/or groundwater at the Portion of_the Property
&CURRAN must be informed that soil and /or groundwater impacted by oil and /or hazardous materials is
located throughout the Portion of the Property and be made aware that all invasive subsurface
activities in such areas must be performed in compliance with the requirements of the Health
and Safety Plan. The Plan must be available on -site throughout the course of the work.
Per 310 CMR 40.1074(1)(e), as a record interest holder in property, you are entitled to 30 days notice
prior to recording of the AUL. The AUL will be recorded on or around September 24, 2012.
If you have any questions regarding this matter, please feel free to contact me at 866- 702 -6371.
Sincerely,
WOODARD & CURRAN INC.
David R. MacDonald, PG, LSP
Senior Vice President
DRM /ale
cc: Massachusetts Department of Environmental Protection, Western Regional Office
Richard Henken, Northampton Housing Associates Limited Partnership
20 Hampton Avenue, Northampton, MA (210765) 3 Woodard & Curran
30 -Day Notification Letter August 23, 2012