296 Termination of Notice of Activity & Use Limitation 2011 TRANSMITTAL
Tighe&Bond
roject No.: N-465
ate: January 11, 2011
e: ucl re e , pton, Massachusetts
DEP Release Tracking Number 1-16060
O: Northampton Board of Health
212 Main Street
Northampton, MA 01060
Mayor Clare Higgins
Northampton Planning and Development
Northampton Building Commissioner
] FOR SIGNATURE ® FOR FILE ❑ As REQUESTED ❑ FOR REVIEW ❑ PLEASE REPLY
opy:
No. COPIES DESCRIPTION
1 Termination of Notice of Activity and Use Limitation
To Whom It May Concern:
Attached is a copy of the recorded Termination of Notice of Activity and Use Limitation for
the disposal site located at 296 Nonotuck Street, Northampton, MA (DEP Release Tracking
Number 1-16060). Per Massachusetts Contingency Plan (MCP, 310 CMR 40.1403(7)(a))
requirements, we are providing a copy of this document for your records. Please contact
me with any questions or concerns at 413.572.3258.
Very truly yours,
Tighe & Bond, Inc.
4
attV ew Wagn
Project Environmental Scientist
`�4�1hII '11
JAN 1 3 2011
WDPTL.
53 Southampton Road • Westfield, MA 01.085-5308 • Tel 413.562.1600 • Fax 413.562.5317
'0 1o000292IHI14
"?22Pg 85 Pag 1 0
.tl: 12/22/2010 01.53 PM
Form 1084D
TERMINATION O FNOTICE O 2 OF 3 I ACTIVITY OF AND USE LIMITATION
Disposal Site Name: 296 Nonotuck Street,Northampton, Massachusetts
DEP Release Tracking No.(s): 1-16060
WHEREAS, a Notice of Activity and Use Limitation has been recorded with the
Hampshire County Registry of Deeds in Book 9332 Page 298 (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 Northampton, Hampshire 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");
WHEREAS, said limitations are consistent with the terms of an Activity and Use
Limitation Opinion ("AUL Opinion") dated November 28, 2007, signed and sealed by Jeffrey L.
Arps, holder of a valid license issued by the Board of Registration of Waste Site Cleanup
Professionals,pursuant to M.G.L. c.21A, §§ 19 through 19J inclusive, (the holder being referred
to as "LSP") attached to said Notice of Activity and Use Limitation as Exhibit C and made a part
thereof, in order to maintain at the Property a condition of No Significant Risk (said conditions
and terms being defined in 310 CMR 40.0000); and
WHEREAS, said Notice is being terminated because additional response actions are
necessary to support the conclusion that a condition of No Significant Risk has been achieved at
the Property.
NOW, THEREFORE, I of Northampton, Hampshire County, Massachusetts, being
the owner of said Property,do hereby terminate said Notice.
Matthew J. McDonough authorizes and consents to the filing and recordation and/or
b some effective'when nr r recorded and/or appropriate with the Limitation, Termination r
Registry of Deeds and/or
Land Registration Office.] J
WITNESS the execution hereof under seal this 2 day of /d 010(
Hampshire, ss
I°s da of v r , 2010, before me, the undersigned notary public,
On this� y i-b 2m`a �' � p
personally appeared Matthew J. McDonough, proved to me through satisfactory evidence of
Matthe. J. 'cDonough
COMMONWEALTH OF MASSACHUSETTS Nonolvcjc NI
[,y' ,2010
identification, which were (1AP 'WAR,S \'un YZ. , 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 Nonotuck Mill,LLC, a corporation.
Notary Public:
My Commission Expires: 3111 taut 6
Upon recording, return to:
Mr. Matthew J. McDonough
Nonotuck Mill LLC
272 Exchange Street
Chicopee,MA 01013
EXHIBIT"A"
PARCEL ONE:
That certain tract or parcel of land situate on the Southeasterly line of Pine Street,the
Southeasterly line of Florence Road and the Southwesterly line of an abandoned portion
of Ryan Road in said(Florence)Northampton,bounded and described as follows:
Beginning at an iron pipe set at the intersection of said Southeasterly line of Pine Street
with said Southwesterly line of an abandoned portion of Ryan Road,the same being the
Northeasterly corner of the parcel hereby conveyed,and thence running
S. 11°46'00"E. along said Southwesterly line of an abandoned portion of Ryan
Road 30.99 feet to an iron pipe set at land now or formerly of
Maisie P.Roberge&Betty Jane Roberge;thence running
S. 83°38'52"W. along said land now or formerly of Maisie P.Roberge&Betty
Jane Roberge and along land now or formerly of Harry S.
Chapman,Jr.&Cynthia L. Chapman 195.09 feet to an iron pipe on
said Southeasterly line of Florence Road;thence running
NORTHEASTERLY along said Southeasterly line of Florence Road and along said
Southeasterly line of Pine Street following the arc of a curve to the
right,having a radius of 73.76 feet,an arc length of 90.26 feet to
an iron pipe set on said Southeasterly line of Pine Street;thence
running
N.89°00'29"E. along said Southeasterly line of Pine Street 119.08 feet to the iron
pipe set at the place of beginning.
Containing 6,678 square feet of land,more or less.
The above described Parcel One is the same parcel shown and described as"PARCEL-
G" on a plan of land entitled`PLAN OF LAND IN NORTHAMPTON,
MASSACHUSETTS SURVEYED FOR VISTRON CORPORATION",dated Oct. 16,
1980,prepared by Almer Huntley,Jr. &Associates,Inc.,recorded in the Hampshire
County Registry of Deeds in Plan Book 147,Pages 7 through 10,inclusive.
The above described Parcel One is conveyed SUBJECT to the rights and easement
conveyed by deed of Heugh M.Bridgman and Mabel C.Bridgman to Northampton
Electric Lighting Company,dated April 1, 1937,recorded in the Hampshire County
Registry of Deeds in Book 923,Page 80. See also confirmatory instrument dated January
20, 1961,recorded in the Hampshire County Registry of Deeds in Book 1344,Page 67.
382560.1 2
PARCEL TWO:
That certain tract or parcel of land,together with all improvements thereon,situate on the
Southwesterly line of Nonotuck Street and the Northwesterly line of Bliss Street in said
(Florence)Northampton,bounded and described as follows:
Beginning at the inside corner of stone retaining walls on the northerly bank of the Mill
River and thence naming;
S. 31°25'00"W. one hundred forty five and 00/100(145.00')feet along a stone
retaining wall and a stone dam to a point,thence turning and
running;
S. 58°35'00"E. fifteen and 00/100(15.00')feet to a point at land of Massachusetts
Electric Company,thence turning and running;
S. 31°25'00" W. thirty and 00/100 (30.00')feet along last named land to a point,
thence turning and running;
N. 58°35'00"W. thirty six and 00/100(36.00')feet along last named land to a point,
thence turning and running;
N.31°25'00"E. thirty and 00/100(30.00')feet along last named land to a point,
thence turning and running;
S.58°35'00"E. fifteen and 00/100(15.00')feet to a point at a stone dam,thence
turning and running;
N.31°25'00"E. one hundred forty five and 00/100(145.00')feet along a stone dam
and a stone retaining wall to a point,thence turning and running;
N. 57°46'00"W. sixty eight and 00/100(68.00')feet to an iron pipe at land of
Massachusetts Electric Company,thence turning and miming;
N.26°17'42"E. sixty nine and 93/100(69.93')feet along last named to a point on
the southerly side of Nonotuck Street,thence turning and running;
S. 55°52'00"E. eighty five and 05/100(85.05')feet along said Nonotuck Street to
a point,thence turning and running;
S. 53°38'17"E. twenty fae o said
Nonotuck a seven
ail in the face the building,thence
turning and naming;
S. 69°53'10"E. two hundred thirty five and 11/100(235.11')feet along said
and Street to a point,thence turning g;
382540.1 3
N. 86°04'07"E. one hundred thirty three and 70/100(133.70')feet along said
Nonotuck Street to an iron rod,thence turning and running;
EASTERLY in a curve to the right having a radius of one hundred and 00/100
(100.00') feet,a distance of thirty one and 54/100(31.54')feet
along said Nonotuck Street to an iron rod,thence turning and
running;
EASTERLY in a curve to the right,having a radius of forty-five and 00/100
(45.00')feet,a distance of twenty six and 43/100(26.43')feet
along said Nonotuck Street to a point at the westerly side of Bliss
Street,thence turning and running;
S.05°30'43"W. one hundred ninety seven and 77/100(197.77')feet along said
Bliss Street to a point on the northerly face of a stone retaining
wall,thence turning and running;
N. 83°31'34"W. eighteen and 05/100(18.05')feet along said retaining wall,and
along land of the City of Northampton to a point,thence turning
and running;
S.05°40'05"W. thirty three and 67/100(33.67')feet along last named land to a
point,thence turning and running;
S.34°10'50"E. nineteen and 82/100(19.82')feet along last named land to a point,
thence turning and running;
N 86°03'56"E. five and 43/100(5.43') feet along last named land to a point on the
westerly line of said Bliss Street,thence turning and running;
S 05°40'05"W. approximately five feet(5' +/-)along said Bliss Street to a point on
the Northerly bank of said Mill River,thence turning and running;
WESTERLY approximately six hundred fifty feet(650'+/-)along said Mill
River to a point on the southerly face of a stone retaining wall,
thence turning and running;
WESTERLY approximately two hundred three feet(203' +/-)along said Mill
River,along said stone retaining wall to the point of beginning.
Containing and area of 162,473+/-Square Feet or 3.72+/-Acres
The above described Parcel Two is the same parcel shown and described as"PARCEL-
H-1"on a plan of land entitled`PLAN OF LAND IN(Florence)NORTHAMPTON,
MA,PREPARED FOR NONOTOCK MILL,LLC",dated March 27,2008,prepared by
382540.1
4
Sherman and Fry y dryk`recorded in the Hampshire County Registry of Deeds in Plan Book
I `d Pages
The above described Parcel Two is conveyed TOGETHER WITH the rights and
easements reserved in deed of The Pro Corporation to Pro Acquisition Corp.,dated June
12, 1987,recorded in the Hampshire County Registry of Deeds in Book 2997,Page 269.
The above described Parcel Two is conveyed SUBJECT to:
1. The rights,if still in force and applicable,reserved in deed of Samuel L.
Hill to Samuel L Hill Samuel L. Hinckley,Ira Dimmock, Alfred T.Lilly,James D.
Atkins and Edwin W.Eaton,dated December 31, 1859,recorded in the Hampshire
County Registry of Deeds in Book 196,Page 154;
2. The rights and easement conveyed by deed of Terence Sweeney,Thomas
O'Brien and the Nonotuck Silk Company to the City of Northampton,dated June 24,
1915,recorded in the Hampshire County Registry of Deeds in Book 714,Page 490. See
also survey in connection therewith entitled`Plan showing,in red,the proposed location
of a sewer for the Nonotuck Silk Co.Florence,Mass",dated June 23, 1915,prepared by
E.E.Davis,recorded in the Hampshire County Registry of Deeds in Plan Book 3,Page
34;
3. The rights and easement conveyed by deed of Belding Heminway
Company to Northampton Electric Lighting Company,dated October 23, 1940,recorded
in the Hampshire County Registry of Deeds in Book 955,Page 490. See also survey in
connection therewith entitled`PLAN OF EASEMENT GRANTED BY BELDING
HEMINWAY COMPANY TO NORTHAMPTON ELECTRIC LIGHTING COMPANY
OFF NONOTUCK STREET NORTHAMPTON",dated Oct. 31, 1940,numbered
"N.E.L.Co.#605",recorded in the Hampshire County Registry of Deeds in Plan Book
24,Page 12. See also confirmatory instrument dated January 20, 1961 recorded in the
Hampshire County Registry of Deeds in Book 1344,Page 67;
4. The terms and conditions of an Agreement by and between Vistron
Corporation and Lester E.Andersen,Margaret Andersen and Walter A.Aranow,Trustees
of Andersen Realty Trust,dated January 2, 1973,recorded in the Hampshire County
Registry of Deeds in Book 1680,Page 252;
5. The terms and conditions of a Variance granted by the Zoning Board of
Appeals of the City of Northampton to The Pro Corporation,the Certificate for which is
dated July 18, 1990,recorded in the Hampshire County Registry of Deeds in Book 3596,
Page 122;and
6. The rights and easements conveyed by deed of Apogee Plastics,Inc.under
the name of Summit Plastic Solutions,Inc.to Massachusetts Electric Company,dated
June 10, 1996,recorded in the Hampshire County Registry of Deeds in Book 4921,Page
117.
382540.1 5
7. A Notice of Activity and Use Limitation Agreement dated November 26,
2007 and recorded with the Hampshire County Registry of Deeds in Book 9332,Page
298.
BEING a portion of the premises(Tracts Il and III)conveyed to the grantor herein by
deed dated October 21, 1997 and recorded with the Hampshire County Registry of Deeds
in Book 5226,Page 306.
382540.1
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VARIANNS L. DO