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The lbregoing is a true copy of the record in
Book ,44.L... • page $ , of the Hampshire
County Registry of Deeds.
Date, /2 ` 1 F-- 02.0 t;
ATTEST: a ph .a‘2.
paitx,t,„ MMES.
Bk: 11159 Pg: 151 1 :
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC113A
i Release Tracking Number
ACTIVITY & USE LIMITATION (AUL) O INIONvPI1RM
Pursuant to 310 CMR 40..10.66$&100,1 - 1084 q J ) , - 114435
1
D. LSP SIGNATURE AND STAMP o`? ` ""'
I attest under the pains and penalties of perjury that I have personally e, m familiar with this transmittal form,
including any and all documents accompanying thisjilttal:: "IP R{ofessional op n and Judgment based upon application
of (i) the standard of care In 309 CMR 4.02(1), (ii)T'fie applicalif proVisi ns of 309 CM "p and (3), and 309 CMR4.03(2), and 1
(iii) the provisions of 309 CMR 4.03(3), to the best of nowle informatio9 and�elief
> if Section B indicates that a Notice of Activity andk't)'s ijnital,Io s, aj i, re the Activity and Use
Limitation that is the subject of this submittal (4) ip bbing.prgvldtldAli accordance with the applicable provisions of M.G.L. c. 21E
and 310 CMR 40.0000 and (11) complies witlw81 CMR 40.10'1 A; ; , 51.
> If Section 8 indicates that an Evaluation of Che ss in Land Uses/Activities 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.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 (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 B indicates that a Termination ora Partial Termination ofa Notice ofActivity and Use Limitation, or a Release or
Partial Release ofa Grant of Environmental Restrktlon 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 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 (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 (1) is being provided In accordance with the applicable provisions of M.G.L. c. 21E
and 310 CMR 40.0000 and (1i) 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 #: 12173
2. First Name: (DAVID R I 3. Last Name: !MACDONALD •
I
4. Telephone: (978) -8150 5. Ext.: 1 6. FAX:
i
7. Signature: 1 1 8. ❑ate: ® /Z
�yyyy 1
'
9. LSP Stamp: .
OP
Q
lIo.E173
•
Revised: 06/27/2003 Page 2 of 2 '
=En: BAmpaams,1 PATRICIA A. PLFisae
Bk: 11159 Pg: 150
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) - 114435
A, DISPOSAL SITE LOCATION:
1. Disposal Site Name: ( HAMPTON COURT
I '
2. Street Address: 1 20 HAMPTON AVE •
3. City/Town:'N 1 4. ZIP Code: 1
B. THIS FORM IS BEING USED TO: (check one)
it 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
Q 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?
:;
❑ a. No '4 b. Yes If yes, then rill out address section below.
2. Street Address: 1125 PLEASANT STREET , :r )
3. City/Town: 'NORTHAMPTON 1 4. ZIP Code: 0 a.. • 40/4`1."
•
Revised: 06/27/2003 Page 1 of 2
Bk: 11159 Pg: 149 .
(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
I describe the nature of the oil and 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 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. Workers who may come in contact with soil and/or
groundwater at the Portion of the Property 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.
LSP CERTIFICATION
Name of Organization: Woodard & Curran, Inc.
LSP Name: David R. MacDonald Title: Senior Vice President
Telephone: (978) 557.8150
I attest that I have personally examined and am familiar with the information contained in this
AUL Opinion, including the Risk Characterization and Notice of AUL accompanying this
attestation, and in my professional judgment, the Risk Characterization, Notice of AUL, and this
AUL Opinion comply with the provision of M.G.L. c. 21A, §§ 19 -19J, 309 CMR, M.G.L. c. 21
E, 310 CMR 40.0000 and all other laws, regulations, orders, permits, and approvals applicable to
such response actions. I am aware that significant penalties may result, including, but not limited
to, possible fines ant ' . ri • ent ' willfully submit information which I know to be false,
inaccurate, or inco 1.
, LSP Signature: 17► �` LSP Seal: 1110f
Date: )2I ly i I Z DAVID P.
I D
License Number: 2173 NO' �73
•
Bk: 11159 Pg: 148
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 Obligations and Conditions (i) and (ii) in Paragraph 3
below; and
(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
Bk: 11159 Pg: 147
posed by residual OHM concentrations at the Disposal Site and to support a Permanent Solution
for the Disposal Site. Results of the Method 3 RC indicated that a condition of No Significant Risk
of harm to human health, safety, public welfare, and the environment has been achieved at the
Disposal Site for current and allowable future activities and uses. Specifically, the Method 3 RC
concluded that residual concentrations of OHM in soil, groundwater, and soil gas at the Disposal
Site pose No Significant Risk of harm to current/future utility workers, future construction
workers, future on- property residents, and current/future off - property residents. However, since the
risk assessment assumed that construction of on- property future structures with sub - grade,
occupiable spaces (such as basements) would be restricted, an AUL is necessary for the Portion of
the Property containing a portion of the Disposal Site although continued use of the on- property
portion of the Disposal Site for multi - family residential use is permitted.
Implementation of this AUL will prohibit the construction of future structures with sub - grade,
occupiable spaces, such as basements, to further minimize the potential for vapor intrusion
impacts. Construction of sub -grade structures for non - routine occupancy, such as parking and
accessory uses (i.e., warehouse, storage, pick -up areas, mechanical space, HVAC equipment and
related maintenance) is allowed. The AUL also restricts single - family use of the Portion of the
Property.
In order to ensure that a condition of NSR is maintained at the Disposal Site, an AUL is necessary
to maintain and provide notice of the assumptions and restrictions of the Method 3 RC regarding
future Disposal Site activities and uses. This AUL is applicable to the Portion of the Property,
which is described in Exhibit A -1, and which comprises the portion of the Disposal Site located
along the 20 Hampton Avenue property, as depicted in Exhibit B.
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) 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.
(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
Bk: 11159 Pg: 146
accordance with the requirements of the AUL (i.e., no occupiable sub -grade structures).
Risk estimates for indoor air exposures of current/future off - property residents were calculated
using the approximate building dimensions of the existing condominium building with . a slab -on-
grade construction. Although the off - property condominium building currently contains a
recessed basement, it is reportedly used only for storage and not for routine occupancy.
Therefore, risk estimates for this scenario are anticipated to be adequately protective of the
existing and reasonably foreseeable future use of the off - property portion of the Disposal Site. It
is important to note that the AUL does not apply to the off - property portions of the Disposal Site.
Human receptors that could potentially be exposed to OHM at the Disposal Site include
current/future utility workers, future construction workers, future on- property residents, and
current/future off - property residents through a variety of potential scenarios. Both cumulative
cancer and noncancer risks estimated for each of these receptor groups do not exceed MCP risk
limits, indicating that a condition of No Significant Risk or harm to human health has been
achieved as per the MCP. The results of the risk characterization are based on the assumption
that an AUL will be implemented at the Disposal Site that restricts construction of future
structures with sub - grade, occupiable spaces, such as basements, to further minimize the
potential for vapor intrusion impacts. Use of the Disposal Site for these purposes is inconsistent
with the Method 3 RC and AUL. Although current data indicates that future (slab -on- grade)
single family residential use of the on- property Site area does not pose a significant health risk,
single family residential use was restricted as a prudent measure. However, all other uses of this
Site area (i.e., multi - tenant residential, educational, commercial, recreational, etc.) are permitted,
as described in the AUL.
An evaluation of risks to safety, public welfare, and the environment was completed for the
Disposal Site in accordance with 310 CMR 40.0900. Based on observations made and
information collected during environmental investigations of the Disposal Site, conditions at the
Disposal Site do not pose a threat of physical harm or bodily injury to people. Furthermore,
W &C did not identify release- related conditions that may pose a risk to public safety. Therefore,
a condition of No Significant Risk of harm to safety has been achieved at the Disposal Site.
There is no adverse impact to the surrounding community from the Disposal Site. A comparison
of Disposal Site exposure point concentrations (EPCs) to Upper Concentration Limits (UCLs)
indicates that EPCs for both soil and groundwater are well below UCLs. Furthermore, LNAPL
has not been observed at the Disposal Site during any investigative activities since the late 1980s.
Accordingly, a condition of No Significant Risk of harm to public welfare has been achieved at
the Disposal Site.
Based on current and anticipated future site conditions, there are no complete exposure pathways
on -site for terrestrial receptors, and groundwater concentrations are unlikely to result in
ecologically significant surface water concentrations in the nearby Mill River Channel.
Therefore, a condition of No Significant Risk of harm to the environment has been achieved at
the Disposal Site under current and future conditions.
REASON FOR ACTIVITY AND USE LIMITATION
As previously described, a Method 3 RC was completed in accordance with the MCP to evaluate
and characterize the potential risks to human health, safety, public welfare, and the environment
Bk: 11159 Pg: 145
for laboratory analysis of air phase hydrocarbons (APH).
The former USTs that were removed from the 20 Hampton Avenue property in 1984 and 1988,
the piping connecting these USTs to the pump dispensers and the fuel oil ASTs that were
removed in 1987 served as the primary sources of petroleum release to the subsurface directly
from the storage system and from filling activities. The working conceptual site model for the
Site hypothesizes that these releases saturated the vadose zone, spreading laterally and vertically
until reaching the current state of equilibrium within the groundwater table. The detection of
elevated concentrations of VPH and EPH in groundwater indicates that a release of both gasoline
and diesel /fuel oil has occurred. LNAPL has not been measured in any Site monitoring wells
since the late 1980s. Concentrations of EPH and VPH constituents have decreased significantly
over the monitoring period after the UST removals in the 1980s. No exceedances of GW -2 or
GW -3 standards in groundwater were documented in monitoring wells sampled between
September 2008 and the present. Groundwater concentrations have significantly decreased as a
result of the removal of the source USTs, and subsequent natural degradation, advection and
dispersion.
The soil source areas consist primarily of the former AST/UST and loading rack areas in the
southern portion of the former Whiting Oil property. The potential for exposures resulting from
the Site to potential human receptors (such as current/future utility workers, future construction
workers, hypothetical future residents of single - family units which may be built over the area of
groundwater impact, as well as both current and future residents of the Randolph Place
Condominiums) are discussed in further detail in the Method 3 Risk Characterization (Method 3
RC) included in Appendix F of the Class B -2 Response Action Outcome (RAO) Statement
(Woodard & Curran, 2010). This Risk Characterization indicates that a condition of No
Significant Risk of harm to human health, safety, public welfare, or the environment can be
demonstrated for current property use and for future restricted property use based on
implementation of an AUL.
The construction of future structures within the Portion of the Property with occupiable sub -
grade spaces, such as basements, is prohibited through the implementation of this AUL to
minimize the potential for vapor intrusion impacts, and to lock in the assumptions used in the
Method 3 RC. It should be noted that, although future single - family use of the Portion of the
Property was quantitatively evaluated in the Method 3 RC for soil and indoor air exposure
scenarios and estimated cancer and non -cancer risks are below MCP risk limits, future single -
family use of the Portion of the Property is prohibited due to the uncertainty associated with
enforcing the requirement that future single - family structures be constructed with a slab -on-
grade foundation.
For future on- property residents, the calculated risk estimates for indoor air exposures were
modeled from soil gas using MassDEP- default residential building parameters with the exception
of a recessed basement since it was assumed that an AUL prohibiting the construction of future
structures with occupiable sub -grade space would be implemented. It should be noted that under
current conditions, no residential structures are located within the on- property portion of the
Disposal Site. Since future on- property multi - family structures would likely be larger than that
evaluated in the risk assessment, the resulting risk estimates for this scenario are anticipated to be
much lower than those estimated for the single - family scenario. Therefore, multi- family use of
the Portion of the Property is not restricted, assuming that future structures are built in
Bk: 11159 Pg: 144
EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
Site Name: 20 Hampton Avenue
Northampton, Massachusetts
MassDEP Release Tracking Number: 1 -14435
In accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation
(AUL) Opinion has been prepared to support a Notice of Activity and Use Limitation for the
Disposal Site to which the Massachusetts Department of Environmental Protection ( MassDEP) has
assigned Release Tracking Number (RTN) 1- 14435. The Disposal Site is located at 20 Hampton
Avenue in Northampton, Massachusetts.
SITE HISTORY
I '
The Disposal Site (the "Site ") is located along a portion of the 20 Hampton Avenue property,
which consists of an approximately quarter -acre, trapezoidal- shaped parcel in Northampton,
Massachusetts that is presently improved with a slab -on- grade, three -story apartment building, a
two -story row of townhouses, and paved parking areas. An unpaved grassy hill that slopes
steeply up to a municipal bike path, approximately 12 feet higher in elevation than the adjacent
parking lot, transects the central portion of the Site, bounding the southern portion of the 20
Hampton Avenue property. The elevation of the parking lot and buildings on -site is
approximately level with the immediately surrounding properties. The Site also extends onto a
portion of the southern- abutting property, which is currently occupied by Randolph Place
Residential Condominiums. The Site is located in a mixed residential /commercial area with a
parking lot to the west, multi -unit commercial and residential properties to the east, and
Randolph Place Residential Condominiums to the southeast (just beyond the bike path). The
nearest surface water body is the Mill River Channel, located approximately 50 feet southwest of •
the Site. Areas of Protected Open Space the municipal path) are located within a portion of the
Disposal Site boundary.
The 20 Hampton Avenue property, which contains the northern portion of the Disposal Site, was
formerly owned by Kimball and Cary Coal and Oil Company (1881 -1959) and Whiting Oil
Company (1959- 1988). Several above - ground and underground storage tanks (ASTs and USTs)
were formerly present at the Site, including two (2) 30,000 - gallon USTs for No.2 fuel oil, four
(4) 20,000 - gallon ASTs for No.2 fuel oil, one (1) 2,000 - gallon UST for diesel, and one (1) 550 -
gallon UST for heating oil. These tanks were removed in 1984. A 1,000- gallon No.2 fuel oil
UST was also removed during excavation for construction of a new apartment building in 1988.
These removed ASTs and USTs are the suspected source of release at the Site.
Various field investigations have been conducted at the Site between October 2002 and July
2010 in support of MCP reporting requirements including the advancement of soil borings,
installation of groundwater monitoring wells, the collection of soil and groundwater samples for •
laboratory analysis of volatile organic compounds (VOCs) and volatile /extractable petroleum
hydrocarbons (VPH/EPH) with target analytes, gauging of light non - aqueous phase liquid
(LNAPL) and groundwater depths, and most recently, the collection of shallow soil gas samples
Bk: 11159 Pg: 143
EXHIBIT C
AUL OPINION
Bk: 11159 Pg: 142
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I j
EXI-IIBIT B
SKETCH PLAN OF DISPOSAL SITE
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Bk: 11159 Pg: 139 •
AUL LEGAL DESCRIPTION —125 PLEASANT STREET,
NORTHAMPTON, MA
Beginning at a point in the northerly line of property of the City of Northampton — Bike
Path, said point being located N 74 °47'06" E a distance of sixty nine and 84/100 (69.84)
feet from an iron pin found at the southeast comer of land of The City of Northampton
(Book 2126, Page 310), thence running;
Northerly along the arc of a curve to the right, having a radius of sixty seven and 70/100
(67.70) feet an arc length of fifty nine and 33/100 (59.33) feet to a point, said curve
having a chord bearing of N 03 °40'21" E and a distance of fifty seven and 45 /100
(57.45) feet, thence running;
Northeasterly and easterly along the arc of a curve to the right, having a radius of one
hundred four and 43/100 (104.43) feet an arc length of eighty one and 61/100 (81.61) feet
to a point, said curve having a chord bearing of N 51°17'01" E and a distance of seventy
nine and 55/100 (79.55) feet, thence running;
N 72 °43'08" E a distance of one hundred twelve and 57/100 (112.57) feet to a point,
thence running;
Southeasterly and southerly along the arc of a curve to the right, having a radius of
seventy nine and 77/100 (79.77) feet an arc length of ninety eight and 73/100 (98.73) feet
to a point, said curve having a chord bearing of S 58 °11'49" E and a distance of ninety
two and 55 /100 (92.55) feet, thence running;
Southerly along the arc of a curve to the right having a radius of one hundred twenty
three and 44/100 (123.44) feet an arc length of eighteen and 83/100 (18.83) feet to a point
on the aforesaid northerly line of The City of Northampton — Bike Path, said curve
having a chord bearing of S 22°14'12" E and a distance of eighteen and 81/100 (18.81)
feet, thence running;
Westerly along the northerly line of the said City of Northampton along the arc of a curve
to the right having a radius of eight hundred fifty seven and 10 /100 (857.10) feet an arc
length of eighty and 31/100 (80.31) to a point, said curve having a chord bearing of S
72 °06'03" W and a distance of eighty and 28/100 (80.28) feet, thence running;
S 74 °47'06" W along the said City of Northampton — Bike Path a distance of one
hundred eighty nine and 25/100 (189.25) feet to the point of beginning.
Containing 20,624 square feet, more or less.
Bk: 11159 Pg: 138
EXHIBIT A -1
LEGAL DESCRIPTION OF PORTION OF PROPERTY
Bk: 11159 Pg: 137
. 1
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. ,.,... . Tract III (cont'd)
. • ,
•
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Thence turning and running N. 36' 11' 36" S•, • distance of 6.54
,.-
feet to • point,
t q (
, . . Thence turning and running N. 50' 09' 11" W., a distance of 56.94 .
• t .
: feet to the point at the place of beginning (the Isla five
• . ,.., courses and distances being along land now or formerly of ALMIX
. • h. MUNTLST. JA.). 1
. .
• .
. .
. . .
Containing 31,015 'guar. feet more or less and all as shown on
. .
the aforementioned plan. i
, . . Being the same premises conveyed by Kimball and Cary Company to
' • . , Conway Realty Trust by deed dated February 14, 1963 and 'recorded
i 0 .
. . . . in the Hampshire County Megistry of Deeds gook 1402, rage OS.
. • . .
. , e : •.... . Together with and subject to a right of way described In deed
dated October 16, 197) end recorded in the Hampshire County
. . ,
• . 4: • . ..!
* i .
: • Registry ot Deeds look 1731. Page 274. Oftw 4160 MR 2 Vega
196. 4,
, ...
,.. - . Subject to easements, conditions and agreements u sSt'lortb LA
. , instrument dated June 1, 1626 and recorded Le.maid Megastry in
• , • .
. .
ia. '..i• •
i. . hook 6261 Page 1St.
• • -1 .' '. '
. .
• . Subject to.utility easements and right of way as shown on a Plam
•
•
recorded An sold hogistry LA Plan Book 11!#p Pages 66 adad 95. a..
• 1 li..
• . . •
. •
. . ' Subject to Rights of Nay as set forth in instrument dated • (
, • February.111, 1963 Ind recorded in said Registry In book 1402,
Page 64. .
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2-
. tra ct III, (Convey Real !rust)
A pertain tract or parcel of land situated Off the RottheeeterLy
:aide of Rsmpton Avenue, Northampton, County of Rampshire, '
Niseachuntta, being, shown al land of "Conway Realty Trust' On •
' plan entitle an o a No
d •plf Land lrthampton, Massachusetts,
prepared for Rdward W. Brice d •11 1968. ptepsred ' •
by srold L. Bat and Associates, Jr.' date Mey ates, Inc. record.& In tb 8ampehlre .
• County Ministry of fiends in plan nook 1i1Rl Pa
. sage „a w ore
y_,
- . particularly bounded and described sa 'Midway . ,k, '
. Cowwnnoin9 at a point •t the most Northerly corner of the granted - ' r '
• • - premises at. land now or formerly of ALMON N. HUNTLIY. JR.; ,, �.
Thence 8. 38'.21' 19' W., a distance of 5.12 feet to land now or r . [
formerly of EOWAAO P. DOLL, INC.; . 'i ., •
• � .
Thence continuing on the sane course and bearing x distance of ;
46.43 fist to s point; •
II Ii{ i
F` s' 15' 99• M. a diatom's of 160.11 cent to a 1
Thence running 0. 1 ,
. point at land of the City of lorthamptoa (the last two coarse• '1 ... :- •
and diatances being along land now or formerly of =NAM) P. OOLL. ,
Thence running 8.,37' 07' 27' W., a distance of 40.56 feet along ;'1 •
• land now or formerly of the CITY Or NORTMAMPTON to a point at
land now or formerly of NA88ACMU88T'T8 BLICTRIC COMPANY; • 1: •
. Thence turning and running N. 74' 47' 06' R., a distance of �k `o
•
259.09 feet to a point; �.
, Thence running along • cum to the lett, the radius of such . .
• . . a
• curve being 037.10 feet, an arc length of 12.08 Lent to 1 point
• at land now or formerly of lames Watson and Wi McLoughlLn. '!
(the last two courses end distances being along land now or
formerly of MASSACHUBI7T$ BLPCTRIO COMPANY); •
i . zhenee running N. 44 56' 07" 0., a distance of 15.03 feet, to a •, 7 point; .
• Thence running N. 31' 32' 00" W.. i distance of 40.14 feet to • :; .'• •
• point; . �,
r ...
• •
• The running N. 51' 21' 56' W., a distance of 40.65 feet to a •
point at land now or formerly of ALRBR N. RUNTLRY, JR. it'hc • last. - ` a i : .. .• -; ,..... . .
three courses and distances being along land now or formerly of . ; 1 :.
JAMBS WATSON 4 W NCLOUONLINI; '+` •
i
Thence running N. 51' 21' 56" W., a distance of 13.77 feet to • + „,
- point; ' }
•
'Thence turning and running 8. 44' 58' 07' W., a distance of 30.35 -• r•.
feet to a points .':
• ThenCO turning end running N. 51' 40' 23' W., a distance of 43.40 _ • ,'
feet t0 a p _• , r.•
a, a
•
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Bk: 11159 Pg: 135
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low3230 ma 0075 .
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1 •• . Tract II too:It'd/ . . .
. :
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. :
Subject to restrictions, covenents, condition', •asement,. And
agreements net forth In the deed of Samuel Carlson and Abraham
I r
• ., Margot to Smony -Vacuum Oil Company, Incorporated doted September 1 ' ..,•
7, 1934 and recorded in said Registry Book 999, Pogo 457.
. . . 1
1 ' Subject to easements for wires and 'rapport" and structures am
shown on the aforementioned plan and the plan recorded is the
1 11/ 1 • snoPohlro County Registry of Deeds Plan look St, PRO. 94 *ad 95 • :
•
. and "Ian look 71. Page 31.
I • Being the ease premises described is deed ef blwerd P. doll•to . . .
Hampton Housing Associates Limited Partnership, dated. necarber
11, 15111, recorded In the Mapelsire County Segistry Of Coeds is • . ,
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. Tract f5 100111 . . .
•
, . .
. .
. . . .
A Certain trent or parcel' of land with the buildings thereon . .
•
• situated on the Southeastorly side of Sampton Avenue, . .
• • ,.•
Northampton, County of Nampabire, Nassachuantts being shown as •
• land of 'Edward P. doll, Inc.' on • plan entitling 'Plan of Land r.
- ,
in Northampton, Nassachusotts, prsparod for Sdwerd N. brio*. Jr.' . .'
• • . dated May 17, 1961, prepared by Sarnia L. Baton and anaociatim, .. i .
• ''
• . Inc. recorded in th. Htmpshire County Registry of Deeds 'in Pion
book _155_, Page 67 • were particularly bounded and described : •
'
. as folloWas . - • •
..
.. • •
. • • . . . .
. Commencing at•en iron pin met. at the Westerly corner of the' .
• .
granted pygmies.; at land now or. formerly of the City of
. . Northampton; . . . , •. •
. • .
. . .
thenos N. 37' 07' 27" ii. a distance of 223.26 font along the . : '... • ..: - .. ._
Southeasterly side of mild Sampton Avenue, to a point at land now . •
, . . or formerly of Alms! N. Ountley, Jr.,
. .
thence turning and tannin, 8, 55'.20' 00' S., along said land now ' •
or formerly of Alper N. Huntley, Jr.. a distance of 75.06 foot to
. I
1 ...
1 •
i 1 point at land now:Cr fOremrly et convoy Realty tall!!
i . .
thence turning and running 8, 36' 21' 19" Woe along said land now Pt
! • or formerly of Conway Realty Trust, a distance of 46.43 foot to a
.f.
. . •
%, . . • . .: ..:
' thence running S. 38 15' 59' N., along said land now 9r foranrly
. .
. .
. , , •
•
f Conway amity trust, • distance of 160.11 feet to • point at • ..
•••
• • •• ' land now or formerly ot the City of Northampton; •
. .
.• .
. . •
..- thence turning and running N. 52' 52' 33" W. along said land now .
•• or formerly of -the City of Northampton • distance of 70.40 tent - • '`: •." •• •
• to the iron pin set at the piece of begining.
• . • , • I
.
Containing 16,336 egusre foot morn or less and all as shown on •
• • the eforemontioned
- .
• Subject 10 a right of *y described in deed of Northampton'Juntor • . . .
• Call•0 to Sdward P. 0011, Inc., dated October 16, 1973 and
.• . recorded in said Registry Book 1730, Page 274, which right at. way •;
. • is approximately 10 (get In 'width and 70 !net in length and
•
further described in deed of Samuel Carlson and Abraham Barger to • .• . N•
Kimball 6 Cery Company dated Juno 1, 1926 and recorded in said
• • .' • Registry book 626, Page 198. • •, •
. .
. . Subject to right of way set forth.in deed of simbell 6 Cary . • -
• .
Company to Conway noalty Trust dated: Pebuary 16, 1963 and •
• .
• recorded in said Registry nook 1402; Page 96. - •
..
.
. • . „ ..-.
Subject to rights of Way and covenants contained in deed of' .
. ... , •
1
• • Samuel Carlson and Abraham Berger to Kimball 6 Cary Company datnd
, ' • June 1, 1926 and recordeoin said Registry book 626, Page 198. ,.
. ,.
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Bk: 11159 Pg: 133 '
• • . • • .
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Tract 2 (cont'd) I
•
I :.
C
1 Doing the sane premises shown and described au • M.ER
•
M. NON?Liy Js.
:; f !• 88R BOOR 1754 - ?AGR 11 44,537 S.F.t (1,022 ACRRRI' on a plan Of and :.
:� • j. entitled 'PLAN 0► LAND LN NORTRAM7sON, MA88ACHUDRTyB,•PRRPAR$0 FOR +•
;! REWARD N. BRICK, JR.', dated May 17, 1908, revised June 20, 1908,
F prepared by Darold L. Raton and Associates Tno., recorded in the j
Hampshire Musty Registry of Deeds in plan book 155 ,Dag* 67
S Subjoin to the burdens of and together with the boned% of the easement
restrictions and right of way described In doed of Northampton Junior +
CoLLseggs, Inc. to Alger M. Buatlsy, Jr., dated January 19, 1974,.
racordod In sold Registry Ln Book 1754. M9a 1l•
•
411 , subject to eaeemonta.ond rights of way ant forth In Instruments dated. .
1. ?ebruary 11, 1963 and r*COrded In the Nanpshire county
i; Registry of Deeds, Book 1402, Paws 96.
•
•
•
• 2. Juno 1, 1925 and recorded in said Registry in Book 026, Pig*
798.
• 1 3. December 14, 1973 and recorded In sold Registry in Doak 1749, '
C. • Paw, 190..
.
4. Subject to an easement for'otility end pole linen as more
3 particularly shown on the plan of and b *reabova referred to, including "'
Plan Book 09. Page 66 and 95.
•
}
kenning and lntsnding to convey and horaby conveying the sane praline 1.
conveyed by said de** of Northampton Junior•Coflege, ine.•to Alger
Buati*y,.Jr., dated January 13, 1974, recorded in said Registry in look
1734, Page 11. •
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•
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• cast 1,(uuatl.y) ; •
• t' That a.rtaln tract or pOroei of land, together with the baildings .
t threes, situate on the Southwesterly line *1 Pleasant /treat and the ;,''. •
Southeasterly line of Hsmptoa Avenw In Northampton, Hampshire Csenty, ; • •
Nessachsaetta, bounded and deseribed an fellows'
J.
Myinainpy at • s point oa said Southeasterly line of Maapten Aeinae
• st land of Tripp Associates, Ltd., said point being located S. 37' 07'
2
•
7" N. 94.02 feet as measured along said Southeasterly line of Hampton • •
Avenue from a'Orill hole set in•the corner of the sidewalk at the
intersection of sold Southeasterly line of Hampton Avenue and said
Southwesterly line of Hugel* Str..tr •
Thence running S. 52' 01' 57' S. along said land of Tripp •
Associates, Ltd. and along land of Donald N. Todrin 133.73 feet to a•
I pointy -
•Thence running N. 39' 43' 46' R. along. Bald lend of Donald R. .' 'M,s,
. Warta 05.00 feet to a point on said Southwesterly 11n* of'Pleasent ' .'
• • Htrestl '
•
li
Thane ranting S. 45' 04' 05' S. along said Southwesterly line of
Plossant 07.10 feet to • point et land of Janes Matson • Killian
u9 hlt
•
Thence running S. 14' 56' SS' w. along said land of James Nation i
• 111111aa McLoughlin 232.46 feet to a point st land of Conway Realty •
0 • Trusty c
• • Thence tinning N. S1' 21' 56' M. 13.77 feet to a point;
• Thence running S. 44' 56' 07' N. 36.35 feet to a point, .
• •Thence running N. 51' 41' 23' N. 43.40 feet to a pointy ` ". - •
!fence running N. 36' 1i' 36' S. 6.54 feet to a pointy + '
Them* running N: 50' 09' 11' M. 54.94 feet to • point, -•
• Thence running S. 36' 21' 19" M. S.12 feet to a point at land now • '
or formerly of Edward P. toll, Inc. (the last six courses and distenoes
being along said land of Conway Realty Trust), t ,
Thence running N. 5S' 20' 00" N. along said land now or formerly •
Of Seward P. toll, Inc. 75.06 test to a point on maid Southeasterly • ;,}
line of Hampton Avenue, f
• Thence running N. 37' 07'. 27' S. along said Southeasterly lino of • *, •
• Hampton Avenue 195.09 feet to the point at the place of beginning, --
oontaining'41,33 *guar* feet of lend, more or less.
}
• •}�
I , i
r •
•
• . . .
..
.�, • .• • ' • III
Bk: 11159 Pg: 131
EXHIBIT A
LEGAL DESCRIPTION OF LAND CONTAINING AREA
SUBJECT TO AUL
Bk: 11159 Pg: 130
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.
Dater ‘2-1 )
David R. MacDonald, PG, LSP
Or
OI1VD
(
D [LSP SEAL 1
COMMONWEALTH OF MASSACHUSETTS
CSSe x , ss la 114 ,2012
On this i day of uccem be 2012, before me, the undersigned notary
public, personally appeared a j4 q. Mac_Lbvta Id (name of document
signer), proved to me through satisfactory evidence of identification, which were
f� L ce.x ce_. , 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 partner for , a partnership)
(as LS p for i-h.c. be- loin , a corporation)
(as attorney in fact for , the principal)
(as for , (a) (the) )
66 ,44t i tt ;
Upon recording, return to:
Hampton Housing Associates Limited Partnership CHRISTINE M. BROWN
c/o Federal Management Company, Inc. NOTA 12016
Richard J. Henken
President and Treasurer
175 Federal Street, Suite 700
Boston, MA 02110
Bk: 11159 Pg: 129
Owner hereby authorizes and consent§ 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 /i day of /44
20 1L . ui y �.r i..�
Hampton Hous" g As • . es Limited Partne ship
By: Schoche ass, ,
Its General ' : ner
By:
Richard . Henk
President and Tr -
COMMONWEALTH OF MASSACHUSETTS
, ss ,A/6,see'�y a7, 2012
On this 59 day of 46 i i44 t , 2012, before me, the undersigned notary
public, personally appeared AlciAthJ tdfe/{0,e/ (name of document signer), proved
to me through satisfactory evidence of identification, which were
. poi licsi dd, 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 partner for , a partnership)
(as oilic.fvt for $cei.r,yst , a corporation)
(as attorney in fact for , the principal)
(as _ for , (a) (the) )
official signature ( g ure and seal of ncta,
` • DAVID STONE FLAD
•
c.) Notary Public
,l „ i, CommomiaUn a IAesudroseEs
My Commission Expires
Juno 30, 2017
Bk: 11159 Pg: 128
the types of personal protective equipment, monitoring devices, and engineering
controls 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. Workers who may come in contact with soil
and /or groundwater at the Portion of the Property 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.
•
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.
Bk: 11159 Pg: 127
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 Obligations and Conditions (i) and (ii) in
Paragraph 3 below; and
(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 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
Bk: 11159 Pg: 126
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 (a) the
restriction of human access to and contact with oil and/or hazardous material in soil and/or
groundwater 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 (lac. , , 2012, (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) 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.
(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.
Bk: 11159 Pg: 125
1111140111111111 le
Bk: 11159Pg: 125 Page: 1 of 27
Recorded: 12/18/2012 03:31 PM
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: 20 Hampton Avenue, Northampton, Massachusetts
DEP Release Tracking No.(s): 1 -14435
This Notice of Activity and Use Limitation ( "Notice ") is made as of this ')- day of
o4 a 0,6 , 2017-, by Hampton Housing Associates Limited Partnership, c/o Federal
Management Company, Inc., 175 Federal Street, Suite 700, Boston, MA, 02110, together with its
successors and assigns (collectively "Owner ").
WITNESSETH:
WHEREAS, Hampton Housing Associates Limited Partnership, 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 Registry
of Deeds in Book 3230, Page 57;
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
Registry of Deeds in Plan Book 155, Page 67;
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 Registry of Deeds in Plan Book,aa $ ,
Plan ►QO , and on a sketch plan attached hereto and filed herewith for registration;.
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
1
UL 980 Washington Street, Suite 325 T 800.446.5
DRIVE RESULTS S INTEGRITY Dedham, Massachusetts 02026 F 781.251.0
DRIVE RESULTS
, 1 1 2; i 1
1.1_L.
Alk, 013 FS �� { dr �A'
ilk January 11, 2 t�stitC"£
Po- Mayor David J. Narkewicz
Northampton City Hall NO tkat (11/
♦r.._ 210 Main ore t 060
WOODARD Northampton
&CURRAN
Re Notification of Activity No hamp MA
20 Hampton Avenue,
MassDEP Release Tracking Number 1 -14435 2013 i
1:) l- cF e� iir3u .- ---- vs
Dear Mayor Narkewicz: kc�rHaMFTON, rti� o,oeo
the Massachusetts
Contingency being ent to you to fulfill the public notification requirements estblheot the
r
This letter is s ency g Plan (MCP; 310 CMR 40.0000). In accordance with the public
we are notifying you that a Notice of Activity and o specembern18A 2012an
Book 11159, 1 11 o 159, Page 1Hampshire
125. .
r e co r ed at the in the CMR 25 sh re 3 Reg g) istry of Deeds for the above - referenced property on Dc with a 8, 2 of the
310 CMR 40.1403(7)(a), you are being provided Bo1 As required by
Notice of AUL within 30 days its recording.
you have y
questions regarding this notification, please contact David h D t a 8) Woodard & Curran,
40 R a
40 Shattuck Road, Suite 110, Andover, Massachusetts 01810, or by
Sincerely,
W00DARD & CURRAN INC.
----, s, r , 2C
_.,
David R. MacDonald, PG, LSP
Senior Vice President
PN 210765
Enclosure: Copy of recorded Notice of AUL (Book 11159, Page 125)
cc Louis Hasbrouck, Building Commissioner, Northampton Health Department
ner, Office of the Building Commissioner
Merridith O'Leary, RS, Director of Public
Massachusetts Department of Environmental Protection, Western Regional Office