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39A-030 39k ` 0�0 Lngineering & ECR, Inc. onsufting PO Box 905 esounces, Inc. Acton, MA 01720 (978) 500-3199 www.ev�oreulting.com rdoherty@ecr-consulting.com April 26, 2019 Mr. Louis Hasbrouck, Building Commissioner Building Department Puchalski Municipal Building i 212 Main Street APR g yplg Northampton, Massachusetts 01060 i RE: Notice of Activity and Use Limitation Pleasant Journey Used Cars 459 Pleasant Street Northampton, MA 01060 Release Tracking Number 1-705 Dear Mr. Hasbrouck: In accordance with Public Notification requirements of the Massachusetts Contingency Plan (MCP; 310 CMR 40.1403), please accept this letter as notification that an Activity and Use Limitation for the above-referenced property was fled with the Hampshire County Registry of Deeds on April 12, 2019. A copy of the recorded Activity and Use Limitation is attached. Engineering and Consulting Resources, Inc. (ECR) will prepare a public notice for the AUL to be published within 30 days in the local newspaper. A copy of the published notification will be provided to you upon receipt. Please feel free to contact me at (978) 500-3199 if you have any questions. Sincerely, Engineering & Consulting Resources, Inc. RichE.E. D�P.E., L.S.P. President Attachments: Recorded Activity and Use Limitation documents Copy of Legal Ad cc: Massachusetts Department of Environmental Protection (MassDEP) ek:13216 Pg:176 , f F +}l IuIIIIpIpIIIIuIIN�I YY f RW6a� �paa� � ��aN {iC. Bk: 13235Pg: 174 Page: 1 of 8 { Recorded'. 04112120191'2:11 VM I! k I f f Form 1075 r I hIQW: Pursuant to 310 CMR 40.1074(5), upon transfer of any Masai in ora Aghf to use the property ora portion j thereof that Is subject to tss Notke ofAotvily and Use LlrNtaton,the Nonce ofActivNy and Use LMgeton shag be kwipondod eltlrerin hN or by rehrence info all hRure deeds,easements,mortgages,losses,Ncenses, occupancy agreementsor any otherMsfrument o(bwdar. KVm 30 days of so rncmpore&g the Notce of Ac&*and Ude Langston Ina dead that is recorded offeVstered,a copy of such deed shall he submitted to the DepaMreM o/Fmirannrentsl Protecton. NOTICE OF ACTIVITY AND USE LIMITATION I M.G.L. c. 21 E, §6 and 310 CMR 40.0000 Disposal Site Name: Pleasant Journey Used Cars Site Address: 459 Pleasant Street, Northampton, MA DEP Release Tracking No: 1-705 This Notice of Activity and Use Limitation ("Notice") is made as of this W) day of APrij . 2019, by Robert P. Kalish, with an address of 504 Lampblack Road in Greenfield, Massachusetts, 01301, together with his successors and assigns (collectively"Owner"). WITNESSETH: WHEREAS, Robert P. Kalish 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 2001 deed recorded with the Hampshire County Registry of Deeds in Book 6418, Page 77; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof("Property) is subject to this Notice of Activity and Use Limitation. The Property is shown on the Plan of Land in Northampton, Massachusetts, dated February 12, 2019, prepared by Heritage Surveys, Inc. and recorded in the Hampshire Registry of Deeds in Plan Book 243, Plan 121. WHEREAS, the Property comprises part of a disposal site as the result of releases of oil and/or hazardous material. Exhibit 8 is a sketch plan showing the relationship of the Property subject Bk:13235 Pg:175 i to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing wlfhin 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 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 I contact with oil andlor hazardous material In soil and groundwater andfor(b)the restriction of certain i activities occurring in, on, through, over or under the Property. A description of the basis for such restrictions, and the oil and/or hazardous material release events or site history that resulted in the i contaminated media subject to the Notice of Activity and Use Limitation 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 this Notice of Activity and Use Limitation are as follows: 1. Activities and Uses Consistent with Maintaining No Significant Risk Conditions. The following Activities and Uses are consistent with maintaining a Permanent Solution and a condition of No Significant Risk and, as such, may occur on the Property pursuant to 310 CMR 40.0000: (i) Use as an industrial or commercial facility other than those facilities identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No i Significant Risk Conditions; (it) Landscaping and routine maintenance of paved and landscaped areas; (iii) Maintenance or repair of existing utilities; (iv) Soil excavation and/or grading associated with activities other than maintenance or repair of existing utilities, provided that such work is conducted in accordance with the applicable Obligations and Conditions set forth in Paragraph 3 below; (v) Such other activities or uses which, in the Opinion of a Licensed Site Professional ('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 (vi) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with maintaining No Significant Risk Conditions. 2. fttivities and Uses Inconsistentwith Maintaining No,Sig' nrficant Risk Conditions. The following Activities and Uses are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk pursuant to 310 CMR 40.0000, and, as such, may not occur on the Property: (i) Use as a residence, school, nursery, park, playground, Daycare or Child Care Center as defined in 310 CMR 40.0008, and/or other such use at which a child's exposure to oil and/or hazardous materials in soil is likely; Bk:1]2]5 Pg;tib (ii) Pumping of groundwater at the Property without meeting Obligation (i) in i Paragraph 3 of this Notice; and (iii) Soil excavation and/or grading, other than that associated with repair or maintenance of existing utilities,without meeting Obligation (ii) in Paragraph 3 of this Notice. i 3. Oblicalions and Conditions. The following obligations and/or conditions are necessary and shall be undertaken and/or maintained at the Property to maintain a Permanent Solution and a condition of No Significant Risk: I. Pumping of groundwater on the Property associated with activities other than maintenance or repair of existing utilities shall not be conducted unless an LSP reviews the 2019 Permanent Solution Statement submitted to the Department of Environmental Protection, along with other documents and information f considered relevant by the LSP, and concludes in writing that such pumping is unlikely to result in Significant Risk to human health, safely, public welfare, or the environment. The LSP may impose conditions on groundwater pumping, l and such conditions shall be fully implemented under the supervision of, and ! with the written final approval of,an LSP. l ii. Prior to the performance of soil excavation and/or grading associated with +� activities other than landscaping, routine maintenance of paved or landscaped areas, or repair or maintenance of existing utilities, a written evaluation of the need for a Health and Safety Plan and/or a Soil Management Plan shall be obtained from an LSP. If, in the opinion of the LSP, either or both Plans are necessary, they shall be developed and implemented in accordance with the following: a. A Health and Safety Plan, if necessary, shall be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety requirements. Workers performing excavation and/or grading shall be informed of and shall follow the requirements of the Health and Safety Plan, and the Plan must be available on site throughout the course of excavation and/or grading; b. A Soil Management Plan, if necessary, shall be prepared by an LSP. Requirements and procedures for handling and disposal of excavated soil, as applicable, shall be followed and fully implemented as described in the Soil Management Plan. 4. Proposed Chances in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by a Licensed Site Professional who shall render an Opinion, In accordance with 310 CMR 40.1080, as to whether the proposed changes are inconsistent with maintaining a Permanent Solution and a condition of No Significant Risk. 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. ak:13236 Pg: irr ' f 5. Violation of a Permanent or Temporary Solution. The activities, uses andfor exposures upon which this Notice is based shall not change at any time to cause a significant risk of harts 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 a Licensed Site Professional in accordance with 310 CMR 40.1080, and without additional response actions, if necessary, to maintain a condition of No I Significant Risk. i 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 a Licensed Site Professional in accordance with 310 CMR 40.1080, the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or 4 exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. f 6. Incorporation Into Deeds Mortasoes Leases. and Instruments of Transfer. This Notice shall be incorporated e'Mrer 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 andfor a right to use the Property or a portion thereof is conveyed in accordance with 310 CMR 40.1074(5). Owner hereby authorizes and consents to the fling and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned Licensed Site Professional, and recorded and/or registered with the appropriate Registry of Deeds andfor Land Registration Office. WITNESS the execution hereof under seal this q-�k day of APA , 2019 by Robert P. Kalish COMMONWEALTH OF MASSACHUSETTS FRANKLIN, as V /'f . 2019 On this _�____ day of �-+ _, 2019, before me, the undersigned notary public, personally appeared Robert P. Kalish, proved to me through satisfactory evidence of identification, which was M4 L+cat , to be the person whose name is signed on the preceding or attached document, and admowled ed to me that he signed it voluntarily for its stated purp l' oNATHAN PETER 26CNA11 16 GOyy y C"' s n EWM WM 4, 2 24WM Y3 y�. 10a4 /141 Notary Publ' My Commission Expires: 5/ZVZo 2 Bk:13236 Pg;iib 1 The undersigned Licensed Site Professional hereby Certifies that in his Opinion this Notice of Activity and Use Limitation is consistent with a Pennanent Solution and maintaining a condition of No Significant Risk Date: Apr.) 8 2019 OFID Richard E. Dohert , LSP#8508 L i I COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, as y $ 2018 i On this S�n day of _, 2019, before me, the undersigned notary public, personally appeared Richard E. Doherty, proved to me through satisfactory evidence of identification,which was a Massachusetts drivers license, 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 I an Ne Public EM2 husette 7,2022 My ommissionExplres: OC/Ia�Iaa Upon recording, return in SASE to: Robert P. Kalish 504 Lampblack Rd. Greenfield, MA 01301 - ak:13206 Pg:179 - EXHIBIT C ACTIVITY AND USE LIMITATION NARRATIVE In accordance with the Massachusetts Contingency Plan (310 CMR 40.0000), an Activity and Use Umitation (AUL) has been prepared for the property at 459 Pleasant Street in Northampton, Massachusetts (the "Property"). The Property is currently occupied by a used car dealership (Pleasant Journey Used Cars), and owned by Robert P. Kalish. r The area to which the AUL applies is the entire 459 Pleasant Street Property. One or more t petroleum releases have occurred at the Property associated with its use as a gasoline service station between 1932 and 1984. The petroleum released consists primarily of gasoline. The release was discovered in 1988 when gasoline was detected at the 492 Pleasant Street property located across Pleasant Street from the Property. Subsequent investigations indicated the presence of gasoline constituents on the eastern side of the Property and portions of the 480 and 492 Pleasant Street properties that are located across Pleasant Street Data indicate that soils above the high water table on the 480 and 492 Pleasant Street properties were not significantly impacted by the gasoline release. Data also indicated that indoor air impacts associated with the release were not likely to exist A Response actions taken to address the release included but were not limited to excavation of soil on the 480 and 492 Pleasant Street properties in 1988, manual removal of gasoline from monitoring wells between 1992 and approximately 2000, and the operation of groundwater and vapor extraction systems between approximately 2003 and 2010 that reportedly recovered over 700 gallons of gasoline. The AUL is required due to the presence of residual gasoline components at the Property. As of 2017, soils in the eastern portion of the Property were found to contain up to approximately 4,000 milligrams per kilogram (or 0.4 percent) of gasoline hydrocarbons. Significantly impacted soils were observed between approximately 5 to 20 feet below ground surface. Groundwater on the eastern portion of the Property remains impacted by gasoline constituents at total concentrations up to 66 parts per million (or 0.007 percent). The AUL contains obligations that must be met if certain future activities are conducted, so that potential future exposures to contaminants can be identified, avoided, flm'ited and/or controlled. The AUL prohibits future uses of the Property that have been identified as likely to result in significant exposure to contaminants by children. The obligations and conditions of the AUL are described in the AUL form to which this document is attached as Exhibit C. The AUL is an important component of the Permanent Solution for the identified releases, and conformance with the AUL is essential to maintaining a Condition of No Significant Risk. Additional details can be found in the 2019 Permanent Solution with Conditions Report prepared by Engineering & Consulting Resources, Inc. of Acton, Massachusetts. ,,: "e'- .,;::.. 6r 1 ���inO AA, 9iQn+NJ t Richard E. Dote , PE, LSP x'= 'T t 11ctrM 21 2019 e of Date rY i I i MPRO%IMPTE' 1M FI:HW PSHIRECTY I /APPROXIMATE HISTORIC EXTENT EXTENT OF I SHERIFF'S OFFICES i OF DISPOSAL SITE ISM 9M RIFFS OFFICES 'I sos PLEASANT STREET RE OV OASSTAMN 191 PLEASANT STREET n PRO OCNSTEfl / 4.9 PLEASa Sr — ASH \ ' m �.`-- PLEASANT STREET IROUTE 51 AREA SUBJECT TO ACTIVITY AND USE LIMITATION16,907+1-s f� \ •PLFASANTJOURNEY •\ CCMI.tERCIAL USED CARS Aat PLEASANT ST. 459 PLEASANT ST •\ / 6. ei Con AGE Oy T •\ OFFICE ; y LEGEND � // 0\�0�t1` TnLe EXHIBIT B PROPERTY LINE \ / qQ'� SKETCH PLAN �.• •• •� / / �.�5 gpIXiE55: —••�..� AREASUNJECTTOAUL •� •/ GO eyleee... It a`9 PLEASANT STREE / 9neNiq NORTHAMPTON,MA FORMER UNDERGROUND '� 50 0 SO yumo,bF. STORAGE TANK LOCATION _ _ _ UWTE: FILE S pk. (APPROXIMATE) Appromnute SN in Feet 12Lt9 Eze t'=5a' ak:1326 Pg:181 EXHIBIT A A certain parcel of land known as 459 Pleasant Street in Northampton, Hampshire County, Massachusetts, bounded and described as follows: Beginning at a point at the intersection of the southerly line of Fulton Avenue and the westerly l sideline of Pleasant Street and running thence; i S09°-11'-46"E along the westerly sideline of Pleasant Street, 26.62 feet to a paint, thence; c S05°-12'-32"E along last named land, 120.24 feet to an iron rod, thence; S63"-16'-14'W, along land now or formerly of Noho Gateway LLC, 100.61 feet to a point, thence; N31°-52'-00'W along the easterly sideline of Conz Street, 9.32 feet to a point, thence; f N33'-07'-56"W, along last named land, 88.71 feet to a point, thence; �+ Northeasterly, on a curve to the right, having a radius of 20.35 feet, along the southerly sideline of Fulton Avenue, 30.08 feet to a point, thence; N57°-11'-58"E, along last named land, 150.17 feet to a point of beginning. Containing an area of 16,907 square feet, more or less. PLEASANT WSTREE a A 1 N sis�MW.,E PUN BOOK 234 PAGE !3 mxart vcwrui 26.28 w ITO.It' D NOXO GATEWAY LLC BOUNO FOUND BSN 11410 PACE 316 IRON PIPE FDUNO IL 'i IRON ROD FDunO RRFGGISTFY OF DEEDS "�fn `, � l PSXIRE FADNb ROBERT KALISH m \ T BOOK 6418 PAGE N] A PARER ARCEL=I 16,907± S.F. �„a• f4T pptlDN nnbab NZ 5({�N3 "E ,3 p2,5 COP L-,NLW' PIAN OF UND IN NORTlMMPTON, MASSACHUSETTS /f $UINCI'ED FOR aw r warners THIS EXISTING shows THE PaoPERT' LINES O ISTR ARE PIE WAYS H ROBERT P. KAL,SN WKX' UN,A. a EXISTING OWNERSHIP, AND THE ONES OF STREETS AND ALREADY SHOWN ''� ^ / ARE THOSE OF PUBLIC OR LINES E STREETS OR WAYS ALNEAOY DGAI£: I' 10' / T OWNERSHIP AND NO NEW LINES FOR DIVISION OF EXISHNS / OW NE AN OR FOR NEW WAYS ARE SHOWN FURTHERMORE THIS -DATE FEBRVaRY !2 1019 SURVEY AND PUN WERE PREPARED INF DEEDS. A WITH THE RULES AND EDUWLnANs of THE TECHNICAL STANDA DF DEED B, AND THE HERITAGE S!/RVEYS, LNC. / RO NG I AND COMMONCOMMONWEALTH F FOR THE PRACTICE OF LAND REG6TERE0 PROFESS OWL LAND SURK ORS 50RVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. Epf1£GE HIGHWAY& CLARK STREET POST OFFFE BOX 1 121121IR souTHa(113) 5MA55A HUSET" DATE RECIIIINIO LANG SURVEMR 7861-190111 ]862ka01 7861-190212 NOTICE OF ACTIVITY AND USE LIMITATION PLEASANT JOURNEY USED CARS 459 PLEASANT STREET NORTHAMPTON, MASSACHUSETTS 01060 RTN 1-705 A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L. c. 21 E, § 2 and the Massachusetts Contingency Plan, 310 CMR 40.0000. On April 12, 2019, Robert Kalish recorded with the Hampshire County Registry of Deeds a NOTICE OF ACTIVITY AND USE LIMITATION on the disposal site, pursuant to 310 CMR 40.1070 through 40.1080. The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following site activities and uses on the property: Use as a residence, school, nursery, daycare, playground, and/or other such use at which a child's exposure to oil and/or hazardous materials in soil is likely; future construction dewatering, and soil excavation and/or grading other than that associated with repair or maintenance of existing utilities without a written evaluation from a Licensed Site Professional. Any person interested in obtaining additional information about the NOTICE OF ACTIVITY AND USE LIMITATION may contact Richard Doherty, LSP, ECR, Inc., PO Box 905,Acton, MA 01720, (978) 500-3199. The NOTICE OF ACTIVITY AND USE LIMITATION and the disposal site file can be can be viewed using Release Tracking Number 1- 705 at https://eeaonline.eea.state.ma.us/portal#!/search/wastesite or at MassDEP-WRO at 436 Dwight Street, Springfield, MA 01103, (413) 784-1100.