30B-124 EnvironmentalSafetyHealth Geotechnical
O'Reilly, Talbot & Okun --► 293 Bridge Street
[ A S S O C I A T E S] Suite 500
Springfield, MA 01103
Tel 413 788 6222
December 23, 2008 Fax 413 788 8830
File No. 865 -01 -05 www.oto - env.com
Mr. Wayne Feiden, FAICP, Director
Office of Planning and Development
210 Main Street, Room 11, City Hall
Northampton, Massachusetts 01060
Subject: Activity and Use Limitation
20 Ladd Avenue
Northampton, Massachusetts
Release Tracking No. 1 -13762
Dear Mr. Feiden:
This letter provides notification of an Activity and Use Limitation (AUL) filed for a
property in your city. Petroleum, chlorinated volatile organic compounds, and metals
were identified in soil and groundwater at 20 Ladd Avenue. Environmental response
actions were conducted under the Massachusetts Contingency Plan (MCP). Due to the
potential for vapor intrusion into the building, an AUL has been implemented to
prevent future residential use of the industrial building on the property. Site conditions
are consistent with No Significant Risk for full-time workers in the building. To meet
the requirements of 310 CMR 40.1403(7)(a) of a copy of the AUL is attached for your
information.
A Class A -3 Response Action Outcome (RAO) Statement for the release was submitted
to the Massachusetts Department of Environmental Protection (MassDEP). The
report concluded the site does not pose a significant risk to human health, safety,
welfare or the environment.
Very truly yours,
O'Reilly, Talbot & Okun Associates, Inc.
evmO'Reilly
3
Principal, LSP
Attachment: Recorded AUL
c: Mayor
Health Department
Building Commissioner
The foregoing is a true copy or the record in
3ook CA'? , Page 1 urY , of the Rarip9hire
County Registry of Deeds
Date TeLe w1,. a -Coo
.ATTEST
7 hattiCahtic Zypitzfq.
REGISTER
Bk: 09669 Pg: 154
11111 1i III 11
11 �� �'!�I IIi
Bk: 9889Pg: 154 Page: 1 of 1
TRUSTEE CERTIFICATE Reoorded: 12/24/2008 08:58 AM
I, JAMES J. GRAHAM, being the sole Trustee of the YANKEE HILL MACHINE CO.
NOMINEE TRUST, dated December 16, 1999, and recorded in the Hampshire County Registry of
Deeds in Book 5850, Page 195, with a mailing address of 20 Ladd Avenue, Northampton,
Massachusetts hereby certify as follows:
1. That, pursuant to said Trust, I have been authorized by the Beneficiary of said Trust
to enter into and execute a Notice of Activity, and Use Limitation dated December 22,
2008 by the Yankee Hill Macliine Co. Nominee Trust, and in conjunction therewith I
am authorized to sign, seal and deliver any such documents that may be required to
effectuate the Activity and Use Limitation.
2. That the Yankee Hill Machine Co. Nominee Trust is presently in existence.
3. That there are no unrecorded amendments in connection with said Trust.
4. No Beneficiary of the Trust is a minor or otherwise incompetent to give authority to
transfer real property held in the name of the trust.
WITNESS my hand and seal this /d) day of December, 2008 .
1 11"
J ■ G'ln
•
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. /,2 - iq - , 2008
On this f �h day of December, 2008 before me, the undersigned notary public, personally appeared
JAMES J. GRAHAM, proved to me through satisfactory evidence of identification, which were
air r which 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.
i & /4L)
, Notary Public
My Commission Expires:06 -Q(o - at:A 5
{CSPC Standard Profile\ 25973 \4 \REALCOf \00131480.DOC;1 I
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FILES \CONTENT.IE5 \4H844R0H\00131480 (l ]. DOC
ATTEST: BANCPSEEDalig#--rieGrErrigh
MAR L. DONOHUE
e
The foregoing is a true copy or the record
3ook 9( Page 13 a , of the Hamp ire
County Registry of Deeds L
Date )P�„p w�. "e,✓ :-3�, 0 v
ATTEST:
l 2 kAtUtidtittc l 4/14t,
REGISTER
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A
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EXHIBIT E
DOCUMENTATION OF SIGNATORY AUTHORITY
Ate: FIAILF 1RB,, dtk! .GN '"; REGISTER
MARIAN L. DONOHUE
Bk: 09669 Pg: 152
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC113A
•
,wr 1 ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
I •. ...: ; . •_- - 13762
Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) I
Q, 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
(111) 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 (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 40.1074;
> if Section 8 indicates that an Evaluation of Changes In Land Uses/Activities 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.
21 E and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1080;
> if Section B indicates that an Amended Notice ofActivlty 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. 21E and 310 CMR 40.0000 and (ii) complies with 40.1081;
> if Section 8 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 (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 40.1083;
> if Section B indicates That a Grant of Environmental Restriction Is being registered and /or recorded, the Activity and Use
Limitation that is the subject of this submittal (1) is being provided in accordance with the applicable provisions of M.G.L. c. 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. 21E
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
2. First Name: Kevin 3. Last Name: O'Reilly
(413) 788 -6222 (413) 788 -8830
4. Telephone: • 5. Ext.• 6. FAX:
1 7. Signature: 8. Date: l 2 23("Z°O g
mm/dd/yyyy
9. LSP Stamp:
KEVIN
J.
0'R =iE.L'Y
15 1 0909c,
41S P
477E PRO ''
Revised: 06/27/2003 Page 2 of 2
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Massachusetts Department of Environmental Protection
B ureau o Was Site Cl eanup BWSC113A
ACTIVITY & USE LIMITATION (AUL) OPINION FORM Release Tracking Number
. ;. - [13762 I
Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J)
A. DISPOSAL SITE LOCATION:
1. Disposal Site Name: Yankee. Hill. Machine
2. Street Address: 20 Ladd. Avenue
3. City/Town: Northampton. (Florence) 4. ZIP Code: 01062 -2628
B. THIS FORM IS BEING USED TO: (check one)
[2] 1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074.
2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or. Site Conditions after a Response
❑ Action. Outcome Statement, pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A
and C do not need to be completed.
❑ 3. Provide the LSP Opinion for an Amended Notice of Activity. and Use Limitation, pursuant to 310 CMR 40.1081(4).
4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity. and Use Limitation, pursuant to 310 CMR
40.1083(3) .
❑
5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
40.1083(1)(d).
❑ 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071.
❑ 7. Provide the LSP Opinion for an 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?
gi 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
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EXHIBIT D
DEP TRANSMITTAL FORM BWSC -113A
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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:
KEVIN G 1
Typed Name: Kevin 'Reilly J Seal: O'REILLY
r No. 9908
License Number: 9908 e Q
,t /ST
Date: December 12, 2008
Page 3
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(ii) Expansion of the existing industrial building in accordance with
plans approved by a Licensed Site Professional (LSP);
(iii) Such other activities or uses which, in the Opinion of an LSP, shall
present no greater risk of harm to health, safety, public welfare or the en-
vironment than the activities and uses set forth in this Paragraph; and
(iv) Such other activities and uses not identified in Paragraph 3 as being
Activities and Uses Inconsistent with the AUL.
3. Restricted Site Uses and Activities
(i) Use of the building, or any portion of the building or attached expan-
sions, as a residence, children's school, daycare facility or other use at
which a child's presence on a more than occasional basis is likely;
(ii) Any activity that penetrates slab or the causes concrete cracking
which penetrates the slab, or which otherwise damages the slab in a man-
ner that reduces its effectiveness at limiting migration of volatile organic
compounds into the building from the subsurface, unless an LSP has first
provided an Opinion that such activity poses No Significant Risk within
the meaning of the MCP; and
(iii) Construction of additions to the existing building without first ob-
taining an Opinion from an LSP that use of the addition poses No Sig -
nificant Risk within the meaning of the MCP.
4. Obligations and Conditions
(i) The building floor slab must be maintained to limit vapor intrusion
into the building; and
(ii) An Opinion from an LSP must be obtained prior to performing any
work which may penetrate the slab or may cause concrete cracking that
penetrates the concrete slab, or could otherwise damage the slab in a
manner which would reduce its effectiveness at limiting the migration of
volatile organic compounds into the building from the subsurface.
(iii) Prior to the construction of any future additions to the building, an
Opinion from an LSP must be obtained documenting that use of the addi-
tion poses No Significant Risk within the meaning of the MCP.
Page 2
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EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Release Tracking No. 1-13762
20 Ladd Avenue
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 Exhibit A in the Notice of Activity and Use Limitation
to which this opinion is attached.
1. Achievement and Maintenance of No Significant Risk
This property that is the subject of this AUL is an historic mill building that has been
used for industrial activities since the 1800s. A release of chlorinated volatile organic
compounds (CVOCs), primarily trichloroethene, is present at the site. The CVOCs have
impacted soil, groundwater, and indoor air. Based on a risk assessment, there is No
Significant Risk, as defined in the Massachusetts Contingency Plan (MCP) associated
with soil or groundwater exposures at the site, or with full -time worker exposure to
indoor air. However, chronic residential exposure to CVOCs in indoor air may be
associated with an unacceptable health risk. This AUL is therefore placed to restrict
future uses that may be associated with risk, and to maintain the conditions that are
associated with No Significant Risk under current use.
2. Permitted Uses and Activities
The following uses and activities are permitted within the AUL Area:
(i) Use or renovation of the existing industrial building for commercial or
industrial purposes, so long as the building floor slab is maintained;
Page 1
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EXHIBIT C
AUL OPINION
9
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5 _ SITE BUILDING CO
1 1 ° , LEGEND: as CO
a i . j - - -- PROPERTY BOUNDARY MD APPROXIMATE
1 - FORMER CANAL MITS OF ICI ' M ,
I,6 �: -- -- ELECTRIC UTILITY UNE
I 1[ c7t
.I Ii — ..._.._ _.- GAS UTILITY UNE
{I I4 WATER UTILITY UNE
I "I 1 \PPRDXIMATE LOOTS OF
II 11UL AREA DISPOSAL SITE SCALE:
Cl Ili II 1 " = 60'
L _J ' HOUSE 0 30' 60' 120'
• I _ ■ _ _ N `
J •
— _ �� 1. UNDERGROUND UTILITY UNE LOCATIONS SHOULD BE
a _ _ _ — - -- •— + — CONSIDERED APPROXIMATE AND SHOULD NOT BE RELIED
L A 0 D A V E N U E UPON FOR CONSTRUCTION PURPOSES.
DATE DECEMBER 18. 2008
20 LADD AVE JOB NUMBER` FIGURE NO:
O'REILLY, TALBOT & OKUN NORTHM TON. MASSACHUSETTS B
[A J0865 -01 -01
. EXHIBIT B. SKETCH PLAN
" , 253 (RIDGE OREM SUITE Soo PH. 41 - 710.6030
k sprtaYSm.n, w tTY aim FAX, 413-703 -8830
. I
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EXHIBIT B
SKETCH PLAN OF DISPOSAL SITE
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S 56 °52'28" W 39.94 feet to a point, thence;
N 33 °24'34" W 96.59 feet to a point, thence;
S 56 °51'18" W 41.15 feet to a point, thence;
N 34 °05'32" W 16.02 feet to a point, thence;
S 56°44'12" W 65.75 feet to a point, the point of beginning.
The Parcel described herein contains 17,261 square feet more or less.
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EXHIBIT A -1
AUL Area Description
Beginning at the Southwesterly corner of the AUL area, said corner bearing N 12 °29'02" W, a
distance of 115.42 feet from an iron pipe found along the Easterly layout line of Ladd Avenue;
thence running
N 32 °58'33" W 40.62 feet to a point, thence;
N 56 °51'10" E 121.75 feet to a point, thence;
N 33 °06'51" W 81.06 feet to a point, thence;
N 56 °31'29" E 8.94 feet to a point, thence;
N 32 °54'51" W 19.96 feet to a point, thence;
N 56 °35'09" E 12.01 feet to a point, thence;
S 32 °53'22" E 19.91 feet to a point, thence;
N 56 °34'42" E 9.08 feet to a point, thence;
S 33 °08'26" E 30.45 feet to a point, thence;
N 56 °57'07" E 20.08 feet to a point, thence;
S 32 °51'09" E 20.01 feet to a point, thence;
N 56 °36'11" E 23.55 feet to a point, thence;
S 32 °51'09" E 17.10 feet to a point, thence;
N 57 °08'51" E 11.49 feet to a point, thence;
S 32 °45'31" E 38.90 feet to a point, thence;
S 56 °48'45" W 58.11 feet to a point, thence;
S 33 °34'14" E 43.06 feet to a point, thence;
S 54 °47'40" W 1.57 feet to a point, thence;
S 33 °21'26" E 84.78 feet to a point, thence;
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EXHIBIT A -1
DESCRIPTION OF AUL AREA
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EXHIBIT A
Being the parcel of land shown on the Plan of Land prepared by Huntley Associates P.C. dated
December 16, 2008 recorded in the Hampshire County Registry of Deeds in Plan Book
4 -W1 , Page G5 as more particularly bounded and described as follows:
Beginning at a point at the intersection of the easterly line of Ladd Avenue and the southerly line
of Riverside drive at the north westerly corner of the parcel herein described thence
N 58° 09' 56" E 113.67 feet to an iron pipe thence;
S 31° 27' 30" E 98.54 feet to a point thence;
N 58° 28' 32" E 235.55 feet to a point thence;
S 31° 31' 28" E 80.00 feet to an unmarked point thence;
S 75° 33' 57" E 101.81 feet to an unmarked point thence;
S 38° 03' 31" E 158.00 feet to an unmarked point thence;
N 58° 28' 32" E 40 feet more or less to the center line of the Mill River thence continuing
in a generally southerly direction along the center line of the Mill River
339 feet more or less to an unmarked poin;
N 65° 40' 43" E 80.00 feet thence;
S 24° 19' 17" E 25.00 feet to an unmarked point thence;
S 65° 40' 43" W 80.00 feet to an unmarked point at the center line of the Mill River thence;
395 feet more or less in a southerly and westerly direction along the center
line of the Mill River to an unmarked point thence turning
N 34° 36' 16" W 262.61 feet partly along the easterly line of Ladd Avenue to an iron pipe
found thence continuing;
N 34° 36' 16" W 537.39 feet along the easterly line of Ladd Avenue to its intersection with
the southerly line of Riverside Drive at the point of beginning.
All as shown on said plan.
,
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Upon recording, return to:
James Graham
Yankee Hill Machine Co.
20 Ladd Avenue
Northampton, MA
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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: p. 23
By: AL ,/
Kevin J. O'Reilly
LSP SEAL:
COMMONWEALTH OF MASSACHUSETTS
NA,vo ,Ss
pczk x32008
On this (93 rd? day of becoueztt , 2008, before me, the undersigned
notary public, personally appeared Kevin J. O'Reilly, proved to me
through satisfactory evidence of identification, which were
Per r a I k )Cno(/)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.
lleA 6 a,)--
Notary Public:
My Commission Expires: / (-_ I9-2OIy
HEIDI L. GAUTHIER, Notary Public
Commonwealth of Massachusetts
My Commission Expires Dec. 19, 2014
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f '
Owner hereby authorizes and consents to the filing and recordation
and/or registration of this Notice, said Notice to become effective when
executed under seal by the undersigned LSP, and recorded and/or
registered with the appropriate Registry(ies) of Deeds and/or Land
Registration Office(s).
WITNESS the execution hereof under seal this )017 day of December, 2008.
Yankee Hill Machine Co. Nominee Trust
By: rustee es J. Graham
COMMONWEALTH OF MASSACHUSETTS
/dt h , ss
J2 -)q - , 2008
On this )gth day of December, 2008, before me, the undersigned notary
public, personally appeared ,lnk.6 !f GrhhAm , proved to me
through satisfactory evidence of identification, which were
/ixz r 14ih4 limp, , to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that (he)
(she) signed it voluntarily for its stated purpose,
as trustee for Yankee Hill Machine Co. Nominee Trust.
•
Notary Public:
My Commission Expires: CB •- Ub - 2D15
, Bk: 09669 Pg: 135
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.
,
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follows:
(i) Use of the building, or any portion of the building or attached
expansions, as a residence, children's school, daycare facility or
other use at which a child's presence on a more than occasional basis
is likely;
(ii) Any activity that penetrates the slab or causes concrete cracking
which penetrates the slab, or which otherwise damages the slab in a
manner that reduces its effectiveness at limiting migration of volatile
organic compounds into the building from the subsurface, unless an
LSP has first provided an Opinion that such activity poses No
Significant Risk within the meaning of the MCP; and
(iii) Construction of additions to the existing building without first
obtaining an Opinion from an LSP that use of the addition poses No
Significant Risk within the meaning of the MCP.
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) The building floor slab must be maintained to limit vapor
intrusion into the building; and
(ii) An Opinion from a Licensed Site Professional must be obtained
prior to performing any work which may penetrate the slab or may
cause concrete cracking that penetrates the concrete slab, or could
otherwise damage the slab in a manner which would reduce its
effectiveness at limiting the migration of volatile organic compounds
into the building from the subsurface.
(iii) Prior to the construction of any future additions to the building,
an Opinion from an LSP must be obtained documenting that use of
the addition poses No Significant Risk within the meaning of the
MCP.
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
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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 the
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 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 12,
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) Use or renovation of the existing industrial building for
commercial or industrial purposes, so long as the building floor slab
is maintained;
(ii) Expansion of the existing industrial building in accordance with
plans approved by a Licensed Site Professional (LSP);
(iii) Such other activities or uses which, in the Opinion of an LSP,
shall present no greater risk of harm to health, safety, public welfare
or the environment than the activities and uses set forth in this
Paragraph; and
(iv) Such other activities and uses not identified in Paragraph 2 as
being Activities and Uses Inconsistent with the AUL.
2. Activities and Uses Inconsistent with the AUL Opinion. Activities
and uses which are inconsistent with the objectives of this Notice of
Activity and Use Limitation, and which, if implemented at the 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
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• fm
: I I ill
NI
Bk: 9889Pg: 132 Page: 1 of 22
Recorded: 12/24/2008 08:88 AM
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Yankee Hill Machine
DEP Release Tracking No.: 1 -13762
ito This Notice of Activity and Use Limitation ( "Notice ") is made as of this
.2 day of December, 2008, by the Yankee Hill Machine Co. Nominee Trust of
20 Ladd Avenue, Northampton, Massachusetts, together with its successors and
assigns (collectively "Owner ").
WITNESSETH:
WHEREAS, the Yankee Hill Machine Co. Nominee Trust is the owner
in fee simple of that certain parcel of land located in Northampton, Hampshire
County, Massachusetts with the buildings and improvements thereon, pursuant to a
deed recorded with the Hampshire County Registry of Deeds in Book 08770, Page
236;
WHEREAS, said parcel(s) 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 Bookalgl , Plan
1a� ;
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 akg ,-I laS ;
Cte'
Environmental` L i'e t rHealth (lleoteci in i c al
T
O'Reilly, Talbot & Okun ~ 4 1113123=1W ` - > �ridge Street
[ A S S O C I A T E S] .1, / S ite 500
Springfield, MA 01103
Tel 413 788 6222
December 23, 2008 Fax 413 788 8830
File No. 865 -01 -05 www.oto- env.com
Mr. Anthony Patillo, Building Commissioner '-,>
Puchalski Municipal Building 1,,
212 Main Street
Northampton, Massachusetts 01060 1A,''' -
Subject: Activity and Use Limitation -
20 Ladd Avenue __._
Northampton, Massachusetts
Release Tracking No. 1 -13762
Dear Mr. Patillo:
This letter provides notification of an Activity and Use Limitation (AUL) filed for a
property in your city. Petroleum, chlorinated volatile organic compounds, and metals
were identified in soil and groundwater at 20 Ladd Avenue. Environmental response
actions were conducted under the Massachusetts Contingency Plan (MCP). Due to the
potential for vapor intrusion into the building, an AUL has been implemented to
prevent future residential use of the industrial building on the property. Site conditions
are consistent with No Significant Risk for full -time workers in the building. To meet
the requirements of 310 CMR 40.1403(7)(a) of a copy of the AUL is attached for your
information.
A Class A -3 Response Action Outcome (RAO) Statement for the release was submitted
to the Massachusetts Department of Environmental Protection (MassDEP). The
report concluded the site does not pose a significant risk to human health, safety,
welfare or the environment.
Very truly yours,
O'Reill Talbot & Okun Associates, Inc.
Kevin J. O'Reilly
Principal, LSP
Attachment: Recorded AUL
c: Mayor
Health Department
Planning and Zoning Department