30A-032 (13) sive. Hours: C:JVt11i
weekdays,564-9245, I Gees to renew a Special l Chesterfield Town Deices, heritheir name as for€ows: I ' uteaee' '
I Permit for an Accessory 422 Main Road. Filed by: Diane Mary LaBarge Request for Deft
11r} III Apartment at 47 Knightly Kurt Heidinger 148 Indian of Applicability
/Put*mum'inr,nvin Hampshire Probate and
} N" Road. The application Hollow Rd.Re:DEP File# Family Court installation of fi
and plans may be viewed 132.0i28 33 King Street,Suite 3 cable near b
7 in the Town Clerk's office John Foliet, Char Northampton,MA 01060 resource area M.
during normal business Chesterfield Conservation (413)586-8500 The area is locate
hours. Commission
IF YOU DESIRE TO ABJECT Westhampton -E
James J.Maksimoski June 11 THERETO,YOU OR YOUR I School on IGngs.I
( Pancione Chairman ATTORNEY MUST FiLE A
szoo3 a June 4,11 X4011 WRITTEN APPEARANGE Any. interested:
Associates wishing to be
IN SAID COURT AT g
t the application
1 Bedroom NOTICE OF ACTIVITY NOTICE OF ACTIVITY � Northampton ON OR
AND USE LIMITATION AND USE LIMITATION BEFORE TEN O'CLOCK IN appear at,.the.
starting at S625+. place destgnatec
2 Bedrooms 320 Riverside Drive, 340 Riverside Drive, THE MORNING(10:00 AM) of the repine
Starting at$695+. Northampton,MA ,Northampton,MA ON:07/0312013
On Rail'Fraii bikepath. RTN#1-13320 ` RTN#1-13320 WITNESS, Hon. Linda S. then yyesihairipi;
Off street parking. r A release of oil and/or A release of oil and/or Fidnick,First Justice of this : Halt in the.Co
rNeerweliston School. hazardous materials has hazardous materials has Court. Commission Off1t
On site laundry.facility. 1 occurred at this location, occurred at this location, Date:June 4,2013 Road, Wesiham
Minutes to Easthampton i which is a disposal site as which is a disposal site as Michael J.Carey ' 01027.
Town Center,restau- defined,by M.G.L. c. 21E, defined by M.G.L. c. 21E, Register of Probate
rants and shopping. 5 2 and the Massachusetts §2 and the Massachusetts June 11
t (413)527-1110 Contingency Plan,310 CMR Contingency Plan,310 CMR 3261105 3261013
40.0000. On 5/30/2013,a;40.0000, On 5/30/2013,a
NOTICE OF ACTIVITY AND 'NOTICE OF ACTIVITY AND MORTGAGEE'S NOTICE OF SALE OF REAL
-- —I USE LIMITATION on the USE LIMITATION on the By virtue and in execution of the Power of Sale
i disposal site was recorded disposal site was recorded In a certain Mortgage given by Jessica A. I
with the Hampshire County with the Hampshire County Mortgage Electronic Registration Systems,inc.s
Registry of Deeds,pursuant Registry of Deeds,pursuant for Mortgage Master,Inc.a Massachusetts Cr
i OeaC' to 310 CMR 40.1070 to 310 CMR 40.1070 Its successors and assigns, dated September
through 40.1080. through 40.1080. and recorded with the Hampshire County F
¢ The NOTICE OF ACTIVITY The NOTICE OF ACTIVITY Deeds at Book 960e,Page 267, which said
ou{{.t. the AND USE LIMITATION AND USE LIMITATION was assigned to MidFirst Bank, by Mortgage
f will Emit the following site will Emit the following site Registration Systems, Inc. as nominee for
l activities and uses on activities and uses on Master,inc.a Massachusetts Corporation,Its f
clutter a portion of the above;a portion of the above and assigns,recorded with said deeds at Bc
I property: property: i Page 193,of which the Mortgage the undersic
1. Use of the AUL area for i.Use of the AUL area for present holder by assignment for breach of the
With a i single-family residence, single-family residence, of said Mortgage and for the purpose of forecic
I school, daycare, nursery, school, daycare, nursery, will be sold at Public Auction at 01:00 PM on Jr
playground. recreational playground, recreational at 30 North Street,South Hadley,MA,all and s
ail 'area, and/or other such area, and/or other such premises described in said Mortgage,to wit:
Dactivities or uses where a activities or uses where a The land in South Hadley, Hampshire
child is likely to be present child is likely to be present Massachusetts,together with the buildings
Hampshire and engage in high-Intensity and engage in high-intensity thereon,bounded and described as follows:
actneities (e.g., digging, activities (e.g., digging,I.at the point of Intersection of the southerly sic
playing, gardening) that playing, gardening) that`Street with the easterly side 01 a proposed s
Gazette have the potential to result have tho potential to result called Harlow Street;thence
in disturbance of or direct i in disturbance of or direct SOUTHERLY along said proposed street,thre
contact with OHM-Impacted contact with OHM-impacted twenty-four and forty-one one hundredths (3;
Site soils; i Site soils; `to land conveyed to Charles H. Richards t.
, Use of any portion of'il. Use of any portion of Beaudoin,thence
Tag Sale. II,
the AUL area soil for the the AUL area soil for the EASTERLY along said land conveyed to Bea
growth or production of growth or production of hundred forty-eight(248)feet to land now or
homegrown produce for homegrown produce for Rannenberg and Walker;thence
human consumption; human consumption; NORTHERLY along last named tend to the sot
Ill. Use of any portion of fit. Use of any portion of of North Street;thence
the un-paved and fenced the un-paved and fenced WESTERLY along North Street,one hundred
Ak portion of the AUL area portion of the AUL area (167)'testto the place of beginning.
for any reason other than for any reason other than BEING the same premises conveyed to the
Y,,>,;a, �M� maintenance of the erosion maintenance of the erosion herein by Deed recorded in the Hampshire Cour
c�1r' , eo _! controls on the bank of the controls on the bank of the of Deeds herewith.
sv
rY i �'E ro Mill River, or monitoring, I Mill River, or monitoring, The premises are to be sold subject to and with
4 ,i r H assessment or romadiation fi assessment or rernedlation of all easements,restrictions, building and or
ff; : of the Site. of the Site. unpaid taxes,tax titles,water bills,municlpa
t i r eq, iv. Soil within the AUL Iv. Soil within the AUL assessments,rights of tenants and parties in pc
M e area may not be moved area may not be moved TERMS OF SALE:
to another area of the to another area of the A deposit of FIVE THOUSAND DOLLARS AND
4 r t ty Property, or off the Site, Property, or off the Site, ($5,000.00) in the form of a certified chat
;V:1: 1�4' r c
/,r��,��Fg�:�'"�+h f without lirst being evaluated without first being evaluated treasurer's check will be required to be dell)
?�.;1.';;;04,%;I: by an LSP who shall render by an LSP who shall render i before the time the bid is offered. The succes
r an opinion,in accordance an opinion, in accordance i will be required to execute a Foreclosure Sate
with 310 CMR 40.1080 at with 310 CMR 40.1080 et I Immediately after the close of the bidding.The
+® , seq., as to whether the seq., as to whether the r the purchase price shall be paid within thirty(30 bank
k y r f r a soil risk will present charm I relocation will
risk o present check or other check sat sfac ory too Mortgagee
r: to health, safety, public I to health, safety, public The Mortgagee reserves the right to bid at t
Jr)
L r a welfare,or the environment 'welfare,or the environment reject any and all bids,to continue the sale an
Vx An arson interested Any person interested the terms of the sale by written or oral ann
,r gk' in y obttaining additional:in obtaining additional made before or during the foreclosure sale, If
..' r fax Information about the' information about the set aside for any reason,the Purchaser at the s
NOTICE OF ACTIVITY I NOTICE OF ACTIVITY entitled only to a return of the deposit paid. Thr
AND USE LIMITATION may AND USE LIMITATION may I shall have no further recourse against the Mo:
contact Lyons Witten, LSP, contact Lyons Witten,LSR r Mortgagee or the Mortgagee's attorney. The
CHl Engineering,Inc., 110 OHt Engineering, Inc.,110!of the premises contained in said mortgage s
Cali Pulpit Hee Amherst, MA Pulpit Hill, Amherst, MA in the event of an error In this publication. Tito
e CUOoaci� tilt 01002,413-835-0780. 01002,413-935-0780. OF THE ESSENCE.
413-586.1700 ;AND NOTICE E OF C ACTIVITY I AND USE LIMITATION F ACTIVITY ITY and Other terms if any,to be announced at the sale Mi
or visit the disposal site file can be i the disposal site file can be Present Holder of sak
reviewed at MassDEP,436!reviewed at MassDEP,436 By It
gazetfenet.com Dwight Street, Springfield, Dwight Street, Springfield, ORLANS Ml
MA 01103, 413-784-1100, MA 01103, 413-794-1100, P.O.I
to place or at the Department's web'or at the Department's web Waltham
site: http://db.state.ma.us/ site: http://db.state.ma.us/ Phone:75
your ad today. deg/cleanup/sites/search. r dep/cleanup/sites/search.
asp. 'asp. Jun
3281000 June 11 I 3281038 June 11 5260862
grow on top of the rock. In these limited areas, the orange marker layer will remain visible.
In steeper areas, erosion control fabric or blanket was installed over the organic layer and
pinned in place to assist in the establishment of planted materials. This material may be
supplemented as necessary, or allowed to compost in place as the planted materials become
established. Erosion of the steep bank west of the chain link fence is not permitted and
eroded areas will be repaired promptly_
vi. No erosion controls have been installed on AUL-1A or AUL-2A as this is deemed
impractical from a construction and maintenance standpoint within the floodplain of the Mill
River.
9. Proposed Changes in Activities and Uses
Any proposed changes in activities and used at the Property restricted by the AUL, which may result in
higher levels of exposure to PAlI. PCB, and metals impacted soils, shall be evaluated by an I.SP 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.
10. Conclusion of t_SP
With the roil lemcnic�ion of an AUL consistent with this Opinion, and as embodied in the Notice of
Activity and jtise 1 ii station, the permitted activities and uses set forth above for the foreseeable future
pose no sub. a.ntial h and and no significant risk to health, safety, public welIhrc, or the environment at
the Site.
(7111 if OIL 51-2- 1\\'S.
Wm. Lvo s'h ittcn, PG Date
Licensed Site Professional
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion ___"'Page 9 of 9
: 5T: kT_AMPSHIRE, REGIS> `?�
arnuv T.RRR7) Y
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 that the activities and uses set forth
in this Paragraph;and
iv. Such other activities and uses not identified in Section 7 of this LSP Opinion as being
Activities and Uses Inconsistent with the AUL.
7. Activities and Uses Inconsistent with the AUL Opinion
Activities and uses which arc inconsistent with the AUL Opinion, and which, if implemented at the
portion of the Property restricted by the AUL, may result in a significant risk of harm to health, safety.
public N.Velf'are, or the environment at the Site are as follows:
i. Use of the AUL areas for single-family residence_ school, daycare.nursery, playground,
recreational area,and/or other such activities or uses where a child is likely to be present and
engage in high-intensity activities(e.g_, digging,playing,gardening)that have the potential to
result in disturbance of or direct contact with OHM-impacted Site soils;
ii. Use of any portion of the AUL areas soil for the growth or production of homegrown produce
for human consumption:
iii. Use ofany portion of the tin-paved and fenced portion of the AUL areas for any reason other
than maintenance of the erosion controls on the bank of the Mill River, or monitoring,
assessment or rernrediation of the Site.
iv. Soil within the AUL areas may not be moved to another area of the Property, or off the Site,
without first being evaluated by an LSP who shall render an opinion, in accordance with 310
CMR 40.1080 et sect., as to whether the soil relocation will present a significant risk of harm
to health_ safety. public welfare, or the environment.
5. Ohljgations and Conditions Set Forth in the AUL Opinion
The AUL Opinion provides that a condition of no significant risk to health. safety_ public welfare. or the
environment (such condition being defined in 310 CMR 40M000) exists for any foreseeable period of
time so long as any of the following obligations and conditions arc maintained on the Property restricted
bv the AUL:
i. The four-foot high chain link fence on the west side of the paved parking lots and the five-
foot high chain link fence on the north side of Lot 76 shall be maintained in good condition:
ii. Gates in the chain link fences shall remain locked at all times. The property owner(s) shall
restrict access to the locked areas to authorized personnel who are familiar with the terms of
this document.
iii. Signs stating the fenced areas within the chain link fences are off limits (`No Trespassin<g' )
shall be posted in visible locations along each section of fence, anti shall be maintained in
good condition:
iv. The parking lot pavement shall be maintained in good condition_ The purpose of the
pavement is to restrict access to the underlying soil which contains heavy metals. Therefore,
minor cracks in the pavement are acceptable, but cracks penetrating the full pavement
thickness or potholes must be repaired promptly;
v. Erosion controls have been installed on the bank of the Mill River west of the chain link
fence (AUL Areas Nl & #2, adjacent to AUL-1A and AUL-2A). This includes an orange
marker layer of plastic construction fencing under a layer of seeded and planted organic soil.
The layer of seeded organic material should be maintained to a thickness sufficient so as the
orange marker layer is not visible. It should be noted that the orange marker layer was
installed over rock in some areas and organic material and planting are not expected to stay or
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 8 of 9
samples they collected from the Mill River. In addition dissolved lead was not detected in MW-4 in
2006 and 2008. Therefore, dissolved metals in groundwater do not appear to be migrating at
concentrations that are above the GIN-3 standards from the Site. Detections of metals of concern for the
Site within river sediment are similar in concentrations in both upgradient and downgradient samples and
OTO transect samples in 2006. 'These data indicate that while the Site may have contributed metals to the
river sediment, the Site is not a major contributor, or the sole contributor. These findings indicate a
condition of No Significant Risk of harm to the environment exists at the Site for AOC-1.
e. DEP Audit
Under the MCP,a two-stage approach is used to determine if chemicals originating at a Site are present in
concentrations that pose a significant risk of harm to habitats and biota (310 CMR 40.0995(3)). The
Stage l Environmental Screening (ES) first identifies complete exposure pathways. where COCs could
reach identified ecological receptors. For all complete exposure pathways, chemical concentrations are
compared to effects-based benchmark values. If chemical concentrations are below benchmark values_ a
condition of"no significant risk of harm to habitats and biota" is assumed to exist. If benchmark values
are exceeded, a more comprehensive Stage 11 ecological risk assessment is required. For this Site. a Stage
I ES was conducted.
After test results of new sediment samples were evaluated, the MassDEP's Review of Revised RAO letter
issued on July 6. 2012, the Department indicated that a Stage II ecological risk assessment was required
for this Site. The current deadline for this assessment is December 31, 2013. The outcome of the proposed
ecological risk assessment is not anticipated to change the need for, or content of. the original or new
AULs at this Site.
Rationale for the MIL
Based upon the results of soil and groundwater sampling that are summarized in the Revised (lass A-3
Ilrslxlnse Actions (Iutcoine (R4O-12 ,5'taietnent (NEE. March 14. 2012) and the Revised Method 3 Risk
('ia ructeri:(uiwi (010. March 2012) relative to DEP RIN #;1-1 1320 at the property refhrenced as 320
and 340 Riverside Drive, Northampton, Massachusetts, an AUL wns determined to be the most effective
way to maintain a condition of No Significant Risk at the Site. Based upon this evaluation, with the
implementation of the AULs on a portion of the Site (Exhibit B), a condition of No Significant Risk to
health, safety, and public welfare exists at this portion of the Site. A condition of No Significant Risk to
the environment is still in question at this portion of the Site, but does not change the need or content of
the AULs.
6. Permitted Activities and Uses Set Forth in the AUL Opinion
The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare, or
the environment(such condition being defined in 310 CIVIR 40.0000) exists for any foreseeable period of
time so long as any of the following activities and uses occur on the Property restricted by the AUL:
i. Short-term (6 months or fewer) construction, development, emergency utility repair and/or
other subsurface activities within the AUL-IA and AUL-2A areas. Relocation of soil is
permitted within AUL areas provided the activities conform to the conditions outlined in
Section 8 of this LSP Opinion (Obligations and Conditions);
ii. Activities and Uses which are not identified in this Opinion as being inconsistent with
maintaining a condition of no significant risk:
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 7 of 9
If light non-aqueous phase liquid (LNAPL) is present on groundwater at a Site, its thickness must be
compared to the UCL of 0.5 inch(or 0.04 foot; 31(}CMR 40.0996(6)). LNAPL has not been identified at
in any of the monitoring wells at the Site.
d. Environment
Under the MCP,a two-stage approach is used to determine if chemicals originating at a Site are present in
concentrations that pose a significant risk of harm to habitats and biota (31 U CMR 40.0995(3)). The
Stage 1 Environmental Screening (ES) first identifies complete exposure pathways, where COCs could
reach identified ecological receptors. For all complete exposure pathways, chemical concentrations are
compared to effects-based benchmark values. If chemical concentrations are below benchmark values, a
condition of-no significant risk of harm to habitats and biota" is assumed to exist. If benchmark values
are exceeded_a more comprehensive Stage II ecological risk assessment is required. For this Site, a Stage
1 ES was conducted.
In a Stage I ES,the habitat quality in the area of the Site is first evaluated to determine whether terrestrial
habitats may be affected currently or in the foreseeable future by chemicals found in soil at the Site. This
evaluation includes a physical and biological description of the Site, identification of impacted
environmental media. and the identification of complete exposure pathways.
Natural vegetation on AOC-1 is limited due to the current development of the Site(buildings and parking
lots), portions of AOC-1 riverbank area are covered by erosion control materials and mature trees. The
riverbank areas are separated from the developed areas by a chain link fence. Therefore, it is not likely
that burrowing wildlife could currently directly contact this soil in AOC-1 and there is no complete
exposure pathway for terrestrial receptors under current.Site conditions.
For the purposes of this screening, the size of undeveloped/open land at the Site determines the specific
evaluation of terrestrial environments. Based on the MassDEP definition, the open space on the Site is
less than 2 acres in size. Therefore, no further action to characterize ecological risk is required for sites
unless:
1. Contaminant transport from surface soil to an Area of Critical Environmental Concern
(AC EC) is possible, or
2. State-listed threatened or endangered species or other species of special concern are present.
There are no Areas of Critical Environmental Concern (ACECs), habitats of Species of Special Concern,
habitats of Threatened or Endangered Species, fish habitats, vernal pools,or Sole Source Aquifers located
within 500 feet of the Site. Based on existing and reasonably foreseeable conditions at the Site, it is
concluded that a complete terrestrial exposure pathway does not exist due to the highly developed nature
of the Site and lack of undeveloped land. In accordance with MassDEP guidance, Site conditions do not
warrant further evaluation for terrestrial receptors.
The closest surface water body is the Mill River which flows immediately adjacent to, and west of, the
Site from north to south. Based on gauging measurements collected from monitoring wells at the Site by
NEE, groundwater flow across the Site is in an inferred westerly direction toward the river. The potential
for the existing groundwater conditions to impact these surface waters in the future was evaluated. The
groundwater data for the Site indicate the presence of dissolved metals in Site monitoring wells. These
constituents may be carried with groundwater flow and be potentially discharged to surface water with
dilution of concentrations expected during transport and discharge. This migration pathway was
evaluated by comparing groundwater concentrations to the MCP groundwater standards for the protection
of environmental receptors, the GW-3 standards. OTO did not detect lead or other metals at
concentrations of concern (exceeding MADEP 2006 Sediment Screening Values) in the surface water
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 6 of 9
construction and utilitylasphalt/crosion repair activities on AOC-1. These AULs will remain in effect, and
two more AULs are being added. AUL-1 and AUL-2 extend across the paved parking lots and down to
the toe of the slope to the Mill River. There was no AUL along the bank or within the Mill River. AUL-
I A and AUL-2A are being added to create AULs from the toe of the slope to the center-line of the Mill
River, which is the property boundary. The new AULs for AOC-1 (AUL-IA and AUL-2A) allow only
short-term construction and utility/erosion repair activities on AOC-1. The purpose of these new AULs is
to clarify allowable land uses in these thin strips of land.
4. Method 3 Risk Characterization
O'Reilly. Talbot and Okun completed a Method 3 Risk Characterization (OTO, July 2009and revised in
March 2012) of the Site which included an evaluation of exposure to residual contaminants of potential
concern in Site soil, groundwater and sediments. The revised conclusions regarding the human heath_
public welfare, safety and environmental risks arc as follows:
a. Human Health
Based on these Findings, we conclude that a Condition of No Significant Risk for AOC-1 exists for
construction workers based on current and foreseeable future Site uses. Construction worker exposure is
considered to be protective of lesser-exposed utility workers and landscapers. Soil exposures to other
receptors are controlled by the implementation of the AUL for the Class A-3 RAO-P, and there are no
complete exposure pathways for AOC-I groundwater. Indoor air impacts to the existing Site building are
not likely based on the absence of volatile-impacted groundwater and soil. Sediment and surface water in
the Mill River has not been identified to have been impacted by the Site and no regular recreational
activities occur on the lower river bank of AOC-l. It is assumed that.an AUL will be implemented for a
portion of the Site(Exhibit B) restricting future single-Family residential use(or other uses where children
are likely to be present on a routine basis and engaged in high-intensity activities, including digging or the
planting and ingestion of home-grown produce).
b. public Safety
There are no rusted or corroded drums or containers, open pits, lagoons, or other dangerous structures at
the Site: there is no threat of fire or explosion from the presence of explosive vapors resulting from the
release of OHM at the Site: and there are no containerized materials at the Site exhibiting the
characteristics ofcorrosivity. reactivity, or flammability. Based upon the above evaluation, a condition of
No Significant Risk of harm to safety exists at the Site, as no threat of physical harm or bodily injury to
people related to the COCs was observed at the Site or within the surrounding area,
c. Public Welfare
The Site has been shown to contain soil impacted by metals that are not likely to create an odor at close
range. In addition, soils arc located under site buildings or pavement. Groundwater is not a potential
drinking water source. Livestock are not currently present at the Site, and due to the Site's developed
location, livestock are not expected to be present at the Site in the future. The surrounding community is
not anticipated to experience nuisance conditions, loss of property uses, or other non-pecuniary effects as
a result of Site releases.
The characterization of risk to public welfare includes a comparison of the concentrations of COCs to
Upper Concentration Limits (UCLs; 310 CMR 40.0994 and 310 CMR 40.0996). UCLs are threshold
concentrations that, if exceeded, indicate the potential for significant risk of harm to public welfare and
the environment under future conditions. As no hotspots were identified in AOC-f, the average soil
concentrations of all soil samples were used for comparison to the UCLs. Results of this comparison
show that that none of the average concentrations of COCs in soil exceeds its applicable UCL within
AOC-1.
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 5 of 9
This fence connects the existing chain link fence around the tailrace with the existing chain link fence on
the north side of the paved parking area at the Firehouse lot. This fence runs along the edge of the paved
surface, separating the unpaved riverbank from the paved areas accessible to the general public. The
riverbank was then physically stabilized using compost mulch, seed, erosion control fabric, and willow
stakes. Since the UCL soil no longer exists in this area and the residual concentrations of metals are
isolated,the Imminent Hazard situation no longer existed, and the IRA was closed on September 9,2005.
In all areas of AOC-1 where an exceedance of a UCL of any metal was identified, this material was
moved to the existing soil stockpile within AOC-2. West of the Cutlery Building and Firehouse, the
remaining metals-impacted soil along the bank leading down to the Mill River were physically stabilized
in place. A four-foot high chain-link fence was erected along the west side of the parking lots in AOC-I
to restrict access to the river bank.
Confirmatory soil samples indicated that the UCL contaminated soil had been removed from AOC-1.
Changes to several UCL concentrations were incorporated in the 2006 MCP `Wave 2 Changes". As a
result, the soil sample CB-12 is now identified as containing lead (4,480 mg/kg) and antimony (471
mg'kg) at concentrations in excess of their respective UCL concentrations (3.000 mg/kg and 400 mg/kg).
These concentrations are part of the calculated Exposure Point Concentrations (EPCs) calculated in the
Method 3 risk characterization (OTO, 2009). The resulting EPCs indicate an average concentration well
below the UCLs for these metals: therefore this material does not need to be removed in order to close
this portion of the Site.
Residual contamination in areas of AOC-1 is still present in soil. The areas of the parkins, lot where
residual contamination remains have been paved and this pavement will be maintained in good condition.
The remaining metals-impacted soil along the bank leading down to the Mill River (including CB-12)
was physically stabilized in place to prevent any further erosion and these erosion controls will be
maintained in good condition. The unpaved areas within AOC.-1 have been fenced off with a chain link
fence and this fence will be maintained in good condition.
The filled portions of the raceway in AOC-2 were used as the location of a soil stockpile accepting
primarily UCL.soil from AOC-1. The stockpile was then graded in such a way as to reduce its height and
was covered in gee-textile fabric and loam. The pile was then seeded with grass to prevent erosion.
On April 3, 2006 the"Wave 2 Changes"to the MCP were implemented. These revisions and updates to
the regulations included a change in the GW-3 standard for nickel from $0 ug/ppb) to 200 ug/L. This
change has been incorporated in the groundwater tables for this Site and renders the nickel results for the
two most recent rounds of groundwater sampling discussed below to be acceptable.
3. Current Site Conditions
The Site is located in a mixed residential and light industrial area of Northampton, and is bordered by
undeveloped and residential land to the north, industrial land to the south,the Mill River and agricultural
and residential land to the west and Riverside Drive and residential land to the east. The closest
environmental receptor is the Mill River that abuts the Site to the west.
The Site is currently developed with two commercial brick buildings and associated parking lots and
landscaped areas. Current use of the Site is commercial and residential. One residential loft apartment is
located on the second floor in a western section of the Cutlery Building, but is not located within the Site
boundaries. There conditions are not expected to change in the foreseeable future.The original AULs for
AOC-1 (AUL-1 and AUL-2) allow for multi-family residential and commercial uses, and short-term
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 4 of 9
Four samples were submitted for coal coal fly ash identification. The EDX data,texture and morphology
of the particles as seen by the PLM and SEM were consistent for the presence of a heavy loading of
anthracite coal and moderate amount of coal ash.
After wetlands at the Site had been delineated and the horizontal and vertical extent of contamination was
determined through the many subsurface investigations described above, remedial options were evaluated
and the best option was chosen. The following remedial options were considered the best alternatives for
the areas of concern (AOC)at the Site.
AOC-1: Excavate hot spots from under the parking lots and consolidate this material within AOC-2.
Pave the parking lots and place an AUI, on the new pavement areas for the residual metals-
impacted soil (AUL-1 and AUL-2).
In the fall of 2004_ the worst of the identified Impacted soil within AOC-1 was excavated and either
stabilized and consolidated, or simply consolidated in a stockpile, within AOC-2. Approximately 401)
of soil from AOC-1 were stockpiled within AOC-2. Confirmatory soil sampling results from the
excavation areas identified in the Phase IV RIP indicate that the objectives of this excavation were nict:
the areas are substantially cleaner than before the excavations.
The soil in SA-3 that contained leachable lead was stabilized in place so that the lead would no longer
leach. Confirmatory soil sampling indicated that the metals stabilization was successful. Once excavation
activities within the parking lots for the Cutlery Building and the former Firehouse had achieved the
remedial goals lbr these areas, the parking lots were paved. The addition ofa sediment trap within the tail
race to improve the parking lot stormwater quality was also completed.
In the summer of 2005, metals-impacted soil was discovered on the bank of the Mill River behind the
Cutlery and Firehouse buildings, west of the parking lots, indicating that AOC- extended further to the
west than previously thought. This meant.that simply paving the parking lot surface would not provide a
sufficient barrier to isolate this soil. The concentrations of chromium exceed Imminent Hazard levels.
and one of these (CB-I at 25,001) mg/kg)exceeds the UCL for chromium (I0,001) mg/kg).
The DEP was notified of the CB-1 Imminent Hazard (lH) condition on July 28, 2005 and an immediate
Response Action (IRA) was initiated. NEE proposed the installation of"No Trespassing" signs as an
appropriate mitigating measure under the IRA triggered by the 1H condition. The bank of the Mill River
where these samples were collected was a deeply wooded area behind the Cutlery Building parking lot,an
area where people do not enter and had no reason to cross. The bank down to the river is quite steep and
much of it is simply impassable. The area showed no signs of activity prior to sampling, so posting signs
was considered a precautionary measure. Mr. John Bourcier of the DEP agreed that sign posting was an
appropriate measure, and the signs were installed the following day, July 29, 2005. h1 addition to the
signs. NEE also installed several short lengths of orange construction fencing in the more accessible areas
of the top portion of the bank as an additional deterrent. At a follow-up site visit on August 12, 2005,
Mr. Ben Fish of the DEP agreed that the sign posting and fences were adequate mitigation measures for
the steep bank. This IRA was initiated to abate an imminent Hazard associated with chromium in soil in
excess of UCL concentrations in AOC-l. This UCL soil was subsequently moved to the existing soil
stockpile in AOC-2. the stockpile was covered with gco-textile fabric, loam and seed, and the stockpile
area was fenced on three sides.
The riverbank where the CB-1 soil was excavated was shown to no longer contain UCL concentrations of
chromium. The remaining soil on the riverbank was known to contain residual concentrations of
chromium and other metals in excess of Method 1 clean-up criteria from the 2005 sampling data. These
impacted soils were isolated under an orange plastic fencing marker layer and behind a chain link fence.
Exhibit C—Class AS Response Action Outcome LSP AUL Opinion Page 3 of 9
The DEP was notified of a release of petroleum, lead, and chromium to Site soil on February 16, 2000.
As part of their response, DEP issued a Notice of Responsibility (NOR)to both Mr. Elbaum (then owner
of the former Firehouse) and Cutlery Building Associates (RTN 1-13320), and requested that an
Imminent Hazard Evaluation be conducted to determine if concentrations of lead and chromium in
surface soil constituted an Imminent Hazard as defined by the MCP_
An Imminent Hazard Evaluation was conducted, which included the near surface sampling of the waste
material. The waste fill material was found below a four-inch organic layer. Laboratory results from all
eight samples confirmed the presence of lead and chromium in surfrcial soil. Concentrations of total
chromium (chromium-HI and chromium-V1) exceeded the Imminent Hazard concentration for chromium
VI. Further analysis on later soil samples revealed that chromium-VI (hexavalent chromium) was not
present in detectable concentrations, therefore establishing that the detectable chromium was chromium-
111_and that an Imminent Hazard condition did not exist.
With consent from the PRPs, the DEP collected three sediment samples from the Mill River on August 7.
2000. On this date, the DEP also collected a surface soil sample (herein referred to as DEP-I) from on
top of the former raceway levee, approximately 300 feet south of the former dam that once diverted water
into the raceway. The surface soil sampled was a mixture of black ash and cinder and a pink-tan fine
sand. This material was found to contain 430 mg/Kg arsenic, and was the basis of DEP's request to
conduct a second Imminent Hazard Evahrailon('40 mg/Kg arsenic).
On October 24, 2000, twelve shallow test pits were dug to 1 foot below ground in the vicinity of DEP-1.
Laboratory analysis indicated that the pink:tan sand found in the test pits was the source of the Imminent
Hazard concentrations of arsenic. Sample 113S-9,taken from a depth of 10-12', contained concentrations
of arsenic(5 1.5 mg/Kg)above the Imminent Hazard criteria. Additional driveway gravel was added to the
parking lot in the area of 1115-9 as an Institutional Control to bring the depth of the waste fill to a depth
greater than 12 inches.thereby relieving the arsenic Imminent,Hazard condition in the parking lot.
The Site was originally classified as a Tier IC disposal Site based upon the presence of an Immanent
Hazard situation at the time of Tier Classification. The Immanent hazard situation was alleviated with
the installation of a fence to control Site access, and the Site was subsequently re-classified as a Tier 11
disposal Site with the submittal of a Major Permit Modification/LSP Opinion on June 20, 2001.
Four additional test pits were conducted in 2000. Concentrations above the Method I clean-up standards
were reported for extractable petroleum hydrocarbons, chromium, lead, nickel, antimony, and arsenic in
samples collected in these test pits. This investigation indicated that the buried debris is concentrated in a
strip. approximately 40 feet wide, which runs in a north/south direction parallel to the bank. The vertical
extent of buried debris generally decreases moving towards the cast/west limits of the strip,and is greatest
near the center of the strip extending to approximately 6 to 8 feet below ground surface.
Groundwater sampling was conducted on January 24 and 31, 2001 Concentrations for both EN-I and
Soluble PP 13 Metals were below the detection limit in all samples except MW-4 where nickel (3 33 ug/L)
was detected,which is above the applicable reportable concentration (RCGW-2)for nickel (80 ug/L).
On July 23,2003, the excavation of 10 backhoe test pits was conducted across the southern portion of the
raceway and west of the Cutlery building(AUL-1 &2). The objective of the program was to determine if
there was a TCLP issue under the parking lot areas and to round out the analyses up to the current
imp estigatory standard of 13 metals. Soil sampling and visual observations confirmed the horizontal
extent of the fill material in the southern portion of the Site was confined to the channel of the former
raceway and extended beyond the raceway boundaries in the area of test pits NEE-8 and NEE-9.
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 2 of 9
Exhibit C
Attachment to Form 1075
LSP Activity and Use Limitation Opinion
320&340 Riverside Drive, Northampton. Massachusetts
RTN 41-13320
April 5, 2013
1. Site Use History
The Site has been divided into three Areas of Concern (AOC):
AOC-1: This area of the Site, which is the topic of discussion in this document (AUL-IA & AUL-2A),
includes the northwestern portion of the southerly Cutlery Lot 32 and the western portion of the
Valley Home Improvement (VH1) Lot 76, west of the original AULs on these properties (AUL-
! and AUL-2). AU.Ls 1 & 2 included the paved parking lots behind the Cutlery building and the
VI-Il building and the sloped bank down to the Mill River west of these parking lots. The new
AUL-1 A and AUL-2A start at the toe of the slope and extend westward to the property line at
the centerline of the Mill River.
AOC-2 and AOC-3: These areas of the Site are not included in the AULs which are the topic of this
document, but are the subject of a different AUL (AUI.:3). They occupy the narrow strip of
undeveloped land between Riverside Drive and the Mill River, from the northern VIII property
line to the northern portion of Lot 77, where water entered the raceway at a former darn. AUL-
3 extends westward to the property line at the center line of the Mill River.
This portion of the Site parcel was historically used as a former raceway that carried water from the Mill
River to the former Northampton Cutlery mill building. The raceway was built in the mid I800's and
carried water until the mid I 990's. Some time in the 194-0-s or 1950's the water from the raceway was no
longer needed and it was drained. For the next 20 to 30 years, the southerly portion of the raceway,
extending approximately 600 feet north from the Cutlery Building was used as a dumping site for
household garbage, demolition debris, and industrial wastes. There are currently two commercial
structures on the Site, Valley Home Improvement occupies the two-story structure with the original
eastern portion of the building constructed with brick (former Firehouse) and the western portion
constructed with wood on Lot 76. The former Cutlery building is a three-story brick mill building with
wood-framed additions on Lot 32.
2. Release and Remedial History
An environmental site assessment of the Site was conducted in 1989 and documented lead and chromium
contamination on the northerly portion of the Site (Lot 77, 360 Riverside Drive, AUL-3). It was observed
that various debris and metal scraps were buried within the former mill raceway that ran north/south
through the lot. In 1996, another site assessment was conducted in locations outside the former raceway
and did not find indicators of contamination. This was used to help determine the boundaries of the
raceway. In 1999, a third investigation was conducted, and test pits located in the raceway confirmed the
existence of lead and chromium contamination and documented the character of the fill material (contains
solid and industrial waste,and demolition debris). In 2000,a continuation of the investigation of the filled
raceway was conducted and confirmed additional locations within the raceway with confirmed
contamination however the extent of contamination was not yet determined.
Exhibit C-Class A3 Response Action Outcome LSP AUL Opinion Page 1 of 9
EXHIBIT
A portion of the Property is subject to this Notice of Activity and Use
Limitation as more particularly shown and described on a plan dated March 5, 2013,
entitled "Activity and Use Limitation Plan, Northampton, Massachusetts, Surveyed for
Cutlery Building Associates" by Richard J. LaBarge & Son, and recorded in said
Registry at Plan Book 229,Page 22.
The portions of land that are subject to the Activity And Use Limitations are
shown and described on said plan as "AUL AREA #1A, area-5,015 sq. ft." (referred to
hereafter as "AUL-1A"), and as "AUL AREA #2A, area-7,335 sq. ft." (referred to
hereafter as"AUL-2A"), and being more completely described below.
AIJL Area #1 A
Beginning at the intersecting corners of AUL 1, 1A, 2 & 2A as shown and
marked hereon as the Point of Beginning of AUL 1A & 2A, running thence;
S08-43-55E Thirty—nine and 05/100 (39.05) feet to a point, running thence;
S30-13-45E Forty—one and 67/100 (41.67) feet to a point, running thence;
S62-34-35E Nine and 51/100 (9.51) feet to a point, running thence;
S15-42-12E Eighty—one and 03/100 (81.03) feet to a point, running thence;
518-20-15E Thirty—one and 12/100 (31.12) feet to a point, running thence;
509-24-01E Seventeen and 08/100 (17.08) feet to a point, running thence;
S16-22-27E Thirty—two and 22/100 (32.22) feet to a point, running thence;
S26-33-48W Twenty—Three and 55/100 (23.55) feet to a point, running thence;
N22-41-00W Forty and 64/100 (40.64) feet to a point, running thence;
N25-52-00W Twenty—five and 00/100 (25.00) feet to a point, running thence;
N19-25-00W Ninety and 00/100 (90.00) feet to a point, running Thence;
N27-06—OOW Twenty—four and 00/00 (24.00) feet to a point, running thence;
N34-57—OOW Forty—seven and 00/100 (47.00) feet to a point, running thence;
N37-26-00W Twenty—seven and 85/100 (27.85) feet to a point, running thence;
N56-24-41E Fifty—one and 47/100 (51.47) feet io the point of beginning.
Containing 5,015 Square Feet of land, more or less.
AUL Area #2A
Beginning at the intersecting corners of AUL 1, 1A, 2 & 2A us shown and
marked hereon as the Point of Beginning of AUL 1A Sc. 2A, running thence;
S56-24-41W Fifty—one and 47/100 (51,47) feet to a point, running thence;
N37-26—OOW Fifty—four and 65/100 (54.65) feet to a point, running thence;
N34-50—OOE Ninety—three and 90/100 (93.90) feet to a point, running thence;
S25-18-22E Twenty—nine and 34/100 (29.34) feet to a point, running thence;
S08-36-39E Sixty—six and 22/100 (66.22) feet to the point of beginning.
Containing 7,395 Square Feet of kind, more or less
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COMMONWEALTH OF MASSACHUSETIS
Hampshire, ss.
On this`30 day of April,2013, before me,the undersigned notary public,personally
appeared Steven A. Silverman proved to me through satisfactory evidence of
identification,which were_personally known_,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 President_and Treasurer of Firehouse Realty Corp
awes°•�=C.�
Alan Verson
Notary Public Notary Public
jr'
Commonwealth of Massachusetts My commission expires:
My Commission Expires:April 15,2096
The undersigned LSP hereby certifies that he executed the aforesaid Activity
and Use Limitation Opinion attached hereto as Exhibit C and Made a part hs t
in his Opinion this Notice of Activity and Use Limitation is consistent w �°1R
forth in said Activity and Use Limitation Opinion. WM.
v LYONS
�` 'ill WI-TEN
Date: ,;‘‘,q' ido.Si}66
'
6 a OISIt
y,ons Witten, LSP • `
[LSP SEAL]
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this `-v1 day of May, 2013, before me, the undersigned notary public, personally
appeared Lyons Witten, proved to me through satisfactory evidence of identification,
which were MA 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.
•
rilJ,
Notary�Pyblic
My corn ission - pires:
PENNY E. BANISTER
Notary Public
COMMONWEACTHOfMASSACHUSETTS
My Commission Expires
September 19. 2019
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.
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 of
Deeds.
WITNESS the execution hereof under seal this `30`4;,,, day of
:,\\ , 2013.
Firehouse ealty Cor .
By . it
Its President and Treasurer
Property, or off the Site, without first being evaluated by an LSP who shall
render an opinion, in accordance with 310 CMR 40.1080 et seq., as to
whether the soil relocation will present a significant risk of harm to health,
safety,public welfare, or the environment.
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 four-foot high chain link fence on the west side of the paved parking
lots and the five-foot high chain link fence on the north side of Lot 76 shall
be maintained in good condition;
Gates in the chain link fences shall remain locked at all times. The property
owner(s) shall restrict access to the locked areas to authorized personnel
who are familiar with the terns of this document.
iii. Signs stating the fenced areas west and north of the chain link fences are off
limits ("No Trespassing") shall be posted in visible locations along each
section of fence,and shall be maintained in good condition;
iv. Erosion controls have been installed on the bank of the Mill River west of
the chain link fence (AUL Areas #1 & #2, adjacent to AUL Area #1A).
This includes an orange marker layer of plastic construction fencing under a
layer of seeded and planted organic soil. The layer of seeded organic
material should be maintained to a thickness sufficient so as the orange
marker layer is not visible. It should be noted that the orange marker layer
was installed over rock in some areas and organic material and planting are
not expected to stay or grow on top of the rock. In these limited areas, the
orange marker layer will remain visible. In steeper areas, erosion control
fabric or blanket was installed over the organic layer and pinned in place to
assist in the establishment of planted materials. This material may be
supplemented as necessary, or allowed to compost in place as the planted
materials become established. Erosion of the steep bank west of the chain
link fence is not permitted and eroded areas will be repaired promptly.
v. No erosion controls have been installed on AUL Area#1A as this is deemed
impractical from a construction and maintenance standpoint within the
floodplain of the Mill River.
4. Proposed Changes in Activities and Uses. Any proposed changes in
activities and uses at AUL AREA #1A 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.
AUL AREA #1A, The basis for such restrictions is set forth in an Activity and Use
Limitation Opinion ("AUL Opinion"), dated April 5, 2013, (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 AUL AREA
#1A:
i. Short-term (6 months or fewer) construction, development, emergency
utility repair and/or other subsurface activities within the AUL AREA #i A.
Relocation of soil is permitted within AUL AREA #1 A provided the
activities conform to the conditions outlined in Section 3 of this Notice of
AUL (Obligations and Conditions);
ii. Activities and Uses which are not identified in this Opinion as being
inconsistent with maintaining a condition of no significant risk;
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
that the activities and uses set forth in this Paragraph; and,
iv. Such other activities and uses not identified in Section 2 of this document as
being Activities and Uses Inconsistent with the AUL;and,
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 AUL AREA #IA, 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 AUL AREA#IA for single-family residence,school,daycare,
nursery,playground,recreational area, and/or other such activities or uses
where a child is likely to be present and engage in high-intensity activities
(e.g., digging, playing,gardening)that have the potential to result in
disturbance of or direct contact with OHM-impacted Site soils;
ii. Use of any portion of the AUL AREA#1A soil for the growth or production
of homegrown produce for human consumption;
iii. Use of any portion of the un-paved and fenced portion of the AUL AREA
#IA for any reason other than maintenance of the erosion controls on the
bank of the Mill River, or monitoring,assessment or remediation of the Site.
iv. Soil within the AUL AREA #lA may not be moved to another area of the
I l 1It1H IFI 11111 I1U I 11
2013 00012499
Form 1075 Bk: 11331 Pg:247 Page: 1 of 16
Recorded: 05!3012013 02:37 PM
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: 320-360 Riverside Drive.Northampton,MA
DEP Release Tracking No.(s): #1-13320
This Notice of Activity and Use Limitation ("Notice") is made as of this-?j 0 day of
April 2013, by Firehouse Realty Corp., 340 Riverside Drive, Florence 01062
WITNESSETH:
WHEREAS, Firehouse Realty Corp. (hereafter "Firehouse") is the owner in
fee simple of that certain parcel of land located in Florence, Hampshire County,
Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded
with the Hampshire County Registry of Deeds in Book 6299, Page 323, and as shown on
f y a plan recorded in said Registry at Plan Book 128 Page 87 (hereafter"the Property"),
and
WHEREAS, a portion of the Property is subject to this Notice of Activity
and Use Limitation as more particularly shown and described on a plan dated Mareh 5,
2013, entitled "Activity and Use Limitation Plan, Northampton, Massachusetts,
Surveyed for Cutlery Building Associates" by Richard J. LaBarge& Son, and recorded in
said Registry at Plan Book 229, Page 22. The portion of land that is subject to this
a- Activity And Use Limitation is shown and described on said plan as "AUL AREA #1A,
area-5,015 sq. ft." (referred to hereafter as "AUL AREA 41A"), and
WHEREAS, the remaining land shown on the said plan that is outside the
area shown as AUL AREA #1A is not subject to the provisions and restrictions of this
Activity and Use Limitation, and
WHEREAS, the AUL AREA #1A comprises part of a disposal site as the
result of a release of oil and/or hazardous material. Exhibit A is a 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 A is attached hereto and
made a part hereof; Exhibit B is a legal description of said areas and is
attached hereto; and
WHEREAS, one or more response actions have been selected for the AUL
AREA #1A 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 (b) the restriction of certain activities occurring in, on, through, over or under the
wee rays a c 4 •,..v..m.,,. _Gees -
leitIMIIII■MIIIINIMMIIMPIIIIIIINIMMI7
weekdays 584-9245. Gees to renew a Special Chesterfield town entrees.
,her/their name as follows: i
Permit for an Accessory' 422 Main Road. Filed by: Diane Mary LaBarge Request for Deft
-- Apartment at 47 Knightly Kurt Heidinger 148 Indian Ham sure Probate-and of AppllCability .
A1a ea.' lur.�� Road. The application Hollow Rd.Re:PEP File# p installation of fi
• I ramify Court
i .720 1 and plans may be viewed , 132-0126 cable near a
in the Town Clerk's office John menet, Chair King Street,Suite 3 resource area Ie
I Northampton,MA 01060 The area is lbcafe
during normal business ChestaAieid Conservation (413)586.8506
' hours. Commission June t IF YOU DESIRE TO OBJECT
SchoolonfGn :E
James J.Maksimoski; THERETO,YOU OR YOUR! gs.l
Pancione Chairman ATFORNEY MUST FILE A
June 4,11 3261011 WAf7TEN APPEARANCE Any interested:
Associates 32emsa I wishing to be
i IN SAID COURT AT: the applicatioh
t 1 Bedroom ; NOTICE OF ACTIVITY NOTICE OF ACTIVITY 1 Northampton ON OR
AND USE LIMITATION AND USE LIMITATION BEFORE TEN O'CLOCK 1N appear at the
starting at 5625+. place designate(
2 Bedrooms
320 Riverside Drive, 340 Riverside Drive, THE MORNING(10:00 AM) of the applice
starting at$695+. Northampton,MA , Northampton,MA ON:07/03/2013 plan may be:.in
On Rail Trail bikepath. RTN#1-13320 RTN#1-13320 WITNESS, Hon. Linda S. the Westharrpt
Off street parking. A release of oil and/or 'A release of oil and/or Fidnick,First Justice of this the in the Co
Near WSlisten School. .hazardous materials has hazardous materials has Court. Commission Offs
On site laundry facility, y occurred at this location, occurred at this location, Date:June 4,2013 Road, Western
Minutes to Easthampton ?which is a disposal site as which is a disposal site as Michael J.Carey
P Town Center,restau- defined_by M.G.L. c. 21E, defined by M.G.L. c. 21E, Register of Probate 01027.
rants and shopping. 6 2 and the Massachusetts e 2 and the Massachusetts June 11
(413)527-1110 Contingency Plan,310 DMA Contingency Plan,310 CMR 3261195 3261013
40.0000. On 5!3012013, a 40.0000. On 5/30/2013,a!,
NOTICE OF ACTIVITY AND NOTICE OF ACTIVITY AND MORTGAGEE'S NOTICE OF SALE OF REAL
— —.--I USE UMITATION on the USE LIMITATION on the By virtue and in execution of the Power of Sale
disposal site was recorded disposal site was recorded in a certain Mortgage given by Jessica A. I
i with the Hampshire County with the Hampshire County Mortgage Electronic Registration Systems,Inc.a
CRegistry of Deeds,pursuant Registry of Deeds,pursuant for Mortgage Master,inc.a Massachusetts CI
*-•I ear to 310 CMR 40.1070 to 310 CMR 40.1070 !Its successors and assigns, dated Septembei
through 40.1080. through 40.1080. and recorded with the Hampshire County F
The NOTICE OF ACTIVITY The NOTICE OF ACTIVITY Deeds at Book 9606, Page 267, which said
I out the AND USE LIMITATION AND USE LIMITATION was assigned to MidFirat Bank, by Mortgage
I
Iwilt Emit the following site will Emit the following site Registration Systems, Inc. as nominee for
activates and uses on activities and uses on Master,Inc.a Massachusetts Corporation,its r
clutter a portion of the above; a portion of the above±and assigns,recorded with said deeds at Bc
I property: property: ?Page 193,of which the Mortgage the undersic
i . I. Use of the AUL area for i.Use of the AUL area for present holder by assignment for breach of the
With a single-family residence, single-family residence, of said Mortgage anti for the purpose of forectc
school, daycare, nursery, school, daycare, nursery, will be sold at Public Auction at 01:00 PM on Ji
playground, recreational playground, recreational at 30 North Street,South Hadley,MA,all and a
ail f area, and/or other such area, and/or other such premises described in said Mortgage,to wit:
Dactivities or uses where a activities or uses where a The land in South Hadley, Hampshire
child is likely to be present child is likely to be present Massachusetts,together with the buildings
at11 ire and engage In high-Intensity and engage in high-intensity thereon, bounded and described as follows:
activities (e.g., digging, activities (e.g., digging, at the point of intersection of the southerly sic
playing, gardening) that playing, gardening) that Street with the easterly side of a proposed a
Gazette have the potential to result;have the potential to result called Harlow Street;thence
in disturbance of or direct'in disturbance of or direct SOUTHERLY along said proposed street,thre
contact with OHM-Impacted'contact with OHM-impacted twenty-tour and forty-one one hundredths (3;
Site soils; I Site soils; to land conveyed to Charles H. Richards I
ii. Use of any portion of;ii. Use of any portion of Beaudoin,thence
Tag a�8. the AUL area soil for the the AUL area soli for the EASTERLY along said land conveyed to Bea
growth or production of growth or production of hundrd forty-eight(243)foot to land now or
homegrown produce for homegrown produce for Rannenberg and Waker:thence
human consumption; human consumption: NORTHERLY along last named land to the sot
it. Use of any portion of iii. Use of any portion of of North Street;thence
eq.„ the un-paved and fenced the un-paved and fenced WESTERLY along North Street,one hundred
r `:r portion of the AUL area portion of the AUL area, (167)feet to the place of beginning.
q#,eie,e for arty reason other than for any reason other than'BEING the same premises conveyed to the
_ f' maintenance of the erosion maintenance of the erosion herein by Deed recorded in the Hampshire Cour
(, '" o rs a controls on the bank of the,controls on the bank of the of Deeds herewith.
Mill Rive, or monitoring, Mill River, or monitoring, The premises are to be sold subject to and with
assessment or romodlation i assessment or remediation of all easements,restrictions, building and er
of the Silo. I of the Site. unpaid taxes,tax titles, water bills,munlclpa
a
3v. Soil within the AUL Iv. Soil within the AUL assessments,rights of tenants and parties in pc
. ye 4,„,,,,„r 'r6 area may not be moved area may not be moved TERMS OF SALE:
°t'i`ee.- to another area of the to another area of the A deposit of FIVE THOUSAND DOLLARS AND
1 x� s s Property, or off the Site, Property, or off the Site, ($5,000.00) in the form of a certified chec
t without first being evaluated without first being evaluated I treasurer's chock will be required to be dells
., I by an LSP who shall render by an LSP who shall render before the time the bid is offered. The succef
Id l Y' an opinion, in accordance an opinion, in accordance i will be required to execute a Foreclosure Sale
v ` w with 310 CMR 40.1080 et with 310 CMR 40.1080 et Immediately after the close of the bidding. The
,,. seq., as to whether the seq., as to whether the the purchase price shall be paid within thirty(30
an zgr „:0:.7,; sell relocation will present, soil relocation will present the sale date in theform of a certified check,bank
t r rt r, a significant risk of harm 1 a significant risk of harm check or other check satisfactory to Mortgagee
to health, safety, public i to health, safety, public The Mortgagee reserves the right to bid at t
welfare,or the environment. i welfare,or the environment. reject any and all bids,to continue the safe an
e Any person interested 'Any person interested the terms of the sale by written or oral ann
L 1 in obtaining additional in obtaining additional made before or during the foreclosure sale. If
ij eeeeeeeeet information about the information about the set aside for any reason,the Purchaser at the s
NOTICE OF ACTIVITY � NOTICE OF ACTIVITY i entitled only to a return of the deposit paid.Thr
AND USE UMITATION may I AND USE LIMITATION may!shall have no further recourse against the Mo.
contact Lyons Witten, LSP, I contact Lyons Witten,LSP,I Mortgagee or the Mortgagee's attorney. The
OHl Engineering,Inc., 110 OH!Engineering, Inc.,110! of the premises contained In said mortgage s
Pulpit Hill, Amherst, MA Pulpit Hill, Amherst, MA in the event of an error In this publication. TN Gall 01002,413-835-0780. 01002,413-835-0780, OF THE ESSENCE.
413.586-1 790 The NOTICE OF ACTIVITY The NOTICE OF ACTIVITY:Other terms if any,to be announced at the sale
U yAND USE UMITATION and ;AND USE LIMITATION and' Mi
or visit the disposal site f le can be i the disposal site file can be Present Holder of salt
�!reviewed at MassDEP,436 reviewed at MassDEP, 436 By It:
gazettenet.com Dwight Street, Springfield, Dwight Street, Springfield, PALMS Mt
MA 01103, 413-784-1100, MA 01103, 413-784-1100, PO-i
+
to place or at the Department's web or at the Department's web Waltham
your ad toda site: Irttp://db,state.ma.usl m
site: http://db.state. a-us/ Phone:7E
Y Y dep/cleanup/sites/search. dep/cleanup/sites/search,
asp. asp. Jun
3261639 June 11 I sssieoe June 11 t 3260662
grow on top of the rock. In these Iimited areas, the orange marker layer will remain visible.
In steeper areas, erosion control fabric or blanket was installed over the organic laver and
pinned in place to assist in the establishment of planted materials. This material may be
supplemented as necessary, or allowed to compost in place as the planted materials become
established. Erosion of the steep bank west of the chain link fence is not permitted and
eroded areas will be repaired promptly.
vi. No erosion controls have been installed on AUL-IA or AUL.-2A as this is deemed
impractical from a construction and maintenance standpoint within the floodplain of the Mill
River.
9- Proposed Changes in Activities and Uses
Any proposed changes in activities and used at the Property restricted by the AUL, which may result in
higher levels of'exposure to PAI°'1, PCB, and metals impacted soils, shall be evaluated by an LSP yho
shall render an opinion, in accordance with 31(:)CM R 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.
10. Conclusion of LSP
With the ii pleme ation of an AUL, consistent with this Opinion, and as embodied in the Notice of
Activity ai.- Us' L mutation, the permitted activities and uses sot forth above for the foreseeable future
po. 'no si -istant a hazard and no significant risk to health, safety, public welfare, or the environment at
the S I
5Z ) 13
will. l Ii Witteln. t (1 Date
Liccn ed Site Professional
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 9 of 9
A TEST: HAMPSHIRE, 6� ,dipt� , REGISTER
IA tow r.�z ITIT1. r--4
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 that the activities and uses set forth
in this Paragraph;and,
iv. Such other activities and uses not identified in Section 7 of this LSP Opinion as being
Activities and Uses Inconsistent with the AUL.
7. Activities and Uses Inconsistent with the ALL Opinion
Activities and uses which are inconsistent with the AUL Opinion, and which, if implemented at the
portion of the Property restricted by the AUL, may result in a significant risk of harm to health, safety,
public welfare, or the environment at the Site are as follows:
i. Use of the AUL areas for single-family residence,school, daycare_ nursery, playground,
recreational area,and/or other such activities or uses where a child is likely to be present and
engage in high-intensity activities (e.g.,digging, playing,gardening) that have the potential to
result in disturbance of or direct contact with OHM-impacted Site soils;
ii. Use of any portion_Of the AUL areas soil for the growth or production of homegrown produce
for human consumption;
iii. Use of any portion of the un-paved and fenced portion of the AUL areas for any reason other
than maintenance of the erosion controls on the bank of the Mill River.or monitoring,
assessment or remediation of the Site.
iv. Soil within the AUL areas may not be moved to another area of the Property, or off the Site.
Without first being evaluated by an LSP who shall render an opinion, in accordance vyith 310
CMR L10.I080 et seq.. as to whether the soil relocation will present a significant risk of harm
to health, safety. public welfare, or the environment.
Oh1igtitions and Conditions Set Forth in the AUL Opinion
The AIJL Opinion provides that a condition of no significant risk to health, safety, public welfare, or the
environment (such condition being defined in 310 CMR 40.0000) exists for any foreseeable period of
time so long as any of the following obligations and conditions arc maintained on the Property restricted
by the AUL:
i. The four-foot high chain link fence on the west side of the paved parking lots and the five-
foot high chain link fence on the north side of Lot 76 shall be maintained in good condition;
ii. Gates in the chain link fences shall remain locked at all times. The property owner(s) shall
restrict access to the locked areas to authorized personnel who are familiar with the terms of
this document
iii. Signs stating the fenced areas within the chain link fences are off limits (`'No Trespassing-)
shall be posted in visible locations along each section of fence, and shall be maintained in
good condition,
iv. The parking lot pavement shall be maintained in good condition. The purpose of the
pavement is to restrict access to the underlying soil which contains heavy metals. Therefore,
minor cracks in the pavement are acceptable, but cracks penetrating the full pavement
thickness or potholes must be repaired promptly;
v. Erosion controls have been installed on the bank of the Mill River west of the chain link
fence (AUL Areas #1 & #2, adjacent to AUL-1A and AUL-2A). This includes an orange
marker layer of plastic construction fencing under a layer of seeded and planted organic soil.
The layer of seeded organic material should be maintained to a thickness sufficient so as the
orange marker layer is not visible. It should be noted that the orange marker layer was
installed over rock in some areas and organic material and planting are not expected to stay or
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 8 of 9
samples they collected from the Mill River. In addition, dissolved lead was not detected in MW-4 in
2006 and 200$. Therefore, dissolved metals in groundwater do not appear to be migrating at
concentrations that are above the GW-3 standards from the Site. Detections of metals of concern for the
Site within river sediment are similar in concentrations in both upgradient and downgradient samples and
OTO transect samples in 2006. These data indicate that while the Site may have contributed metals to the
river sediment, the Site is not a major contributor, or the sole contributor. These findings indicate a
condition of No Significant Risk of harm to the environment exists.at the Site for AOC-1.
c. DEP Audit
Under the MCP. a two-stage approach is used to determine if chemicals originating at a Site are present in
concentrations that pose a significant risk of harm to habitats and biota (310 CMR 4.0993(3)), The
Stage J. Environmental Screening (ES) first identifies complete exposure pathways, where COCs could
reach identified ecological receptors. For all complete exposure pathways. chemical concentrations are
compared to effects-based benchmark values. If chemical concentrations are below benchmark values. a
condition of"no significant risk of harm to habitats and biota"is assumed to exist. If benchmark values
are exceeded, a more comprehensive Stage II ecological risk assessment is required. For this Site, a Stage
1 ES was conducted.
After test results of new sediment samples were evaluated, the MassDEP's Review ofRewised RA() letter
issued on July 6, 2012. the Department indicated that a Stage 11 ecological risk assessment was required
for this Site. The current deadline for this assessment is December 31, 2013. The outcome of the proposed
ecological risk assessment is not anticipated to change the need for, or content of, the original or new
AULs at this Site,
Rationale for the AUL
Based upon the results of soil and groundwater sampling that are summarized in the Revised (lass .4-3
Respnn.se Action Outcome (RAO-P) Skitement (NEE, March 14. 2012) and the Revised Method 3 Risk
(7iumeteri crtion (OTO. March 2012) relative to DEP RTN #1-11320 at the property referenced as 320
and 340 Riverside Drive, Northampton, Massachusetts, an AUL was determined to be the most effective
way to maintain a condition of No Significant Risk at the Site. Based upon this evaluation. with the
implementation of the AULs on a portion of the Site (Exhibit i3), a condition of No Significant Risk to
health, safety, and public welfare exists at this portion of the Site. A condition of No Significant Risk to
the environment is still in question at this portion of the Site, but does not change the need or content of
the AULs.
6. Permitted Activities and Uses Set Forth in the AUL Opinion
The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare, or
the environment (such condition being defined in 3 I0 CMR 40.0000) exists for any foreseeable period of
time so long as any of the following activities and uses occur on the Property restricted by the AUL:
i. Short-term (6 months or fewer) construction, development, emergency utility repair and/or
other subsurface activities within the AUL-1A and AUL-2A areas. Relocation of soil is
permitted within AUL areas provided the activities conform to the conditions outlined in
Section 8 of this LSP Opinion (Obligations and Conditions);
ii. Activities and Uses which are not identified in this Opinion as being inconsistent with
maintaining a condition of no significant risk;
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 7 of 9
If Iight non-aqueous phase liquid (LNAPL) is present on groundwater at a Site. its thickness must be
compared to the UCL of 0.5 inch(or 0.04 foot; 310 CMR 40.0996(6)). LNAPL has not been identified at
in any of the monitoring wells at the Site.
d. Environment •
Under the MCP, a two-stage approach is used to determine if chemicals originating at a Site are present in
concentrations that pose a significant risk of harm to habitats and biota (310 CMR 40.0995(3)). The
Stage I Environmental Screening (ES) first identifies complete exposure pathways, where COCs could
reach identified ecological receptors. For all complete exposure pathways, chemical concentrations are
compared to effects-based benchmark values. If chemical concentrations are below benchmark values, a
condition of"no significant risk of harm to habitats and biota-'is assumed to exist. If benchmark values
are exceeded, a more comprehensive Stage IT ecological risk assessment is required. For this Site. a Seine
I ES was conducted.
In a Stage I ES, the habitat quality in the area of the Site is first evaluated to determine whether terrestrial
habitats may be affected currently or in the foreseeable future by chemicals found in soil at the Site. This
evaluation includes a physical and biological description of the Site, identification of impacted
environmental media,and the identification of complete exposure pathways.
Natural vegetation on AOC-I is limited due to the current development of the Site (buildings and parking
lots), portions of AOC-1 riverbank area are covered by erosion control materials and mature trees. The
riverbank areas are separated from the developed areas by a chain link fence. Therefore, it is not likely
that burrowing wildlife could currently directly contact this soil in AOC-1 and there is no complete
exposure pathway for terrestrial receptors under current Site conditions.
For the purposes of this screening, the size of undeveloped/open land at the Site determines the specific
evaluation of terrestrial environments. Based on the MassDl P definition, the open space on the Site is
less than 2 acres in size. Therefore, no further action to characterize ecological risk is required for sites
unless:
I. Contaminant transport from surface soil to an Area of Critical Environmental Concern
(ACEC) is possible_or
2. State-listed threatened or endangered species or other species of special concern are present.
'there are no Areas of'Critical Environmental Concern (.ACECs), habitats of Species of Special Concern_
habitats ofThreatened or Endangered Species,fish habitats, vernal pools, or Sole Source Aquifers located
within 500 feet of the Site. Based on existing and reasonably foreseeable conditions at the Site, it is
concluded that a complete terrestrial exposure pathway does not exist due to the highly developed nature
of the Site and lack of undeveloped land. In accordance with MassDEP guidance, Site conditions do not
warrant further evaluation for terrestrial receptors.
The closest surface water body is the Mill River ti%hich flows immediately adjacent to, and west of. the
Site from north to south. Based on gauging measurements collected from monitoring wells at the Site by
NEE, groundwater flow across the Site is in an inferred westerly direction toward the river. The potential
for the existing groundwater conditions to impact these surface waters in the future was evaluated. The
groundwater data for the Site indicate the presence of dissolved metals in Site monitoring wells. These
constituents may be carried with groundwater flow and be potentially discharged to surface water with
dilution of concentrations expected during transport and discharge. This migration pathway was
evaluated by comparing groundwater concentrations to the MCP groundwater standards for the protection
of environmental receptors, the Gtr-3 standards. OTO did not detect lead or other metals at
concentrations of concern (exceeding MADEP 2006 Sediment Screening Values) in the surface water
Exhibit C—Class AS Response Action Outcome LSP AUL Opinion Page 6 of 9
construction and utility/asphalt/erosion repair activities on AOC-1. These AULs will remain in effect_ and
two more AULs are being added. AUL-1 and AUL-2 extend across the paved parking lots and down to
the toe of the slope to the Mill River. There was no AUL along the bank or within the Mill River. AUL-
1A and AUL-2A arc being added to create AULs from the toe of the slope to the center-line of the Mill
River, -which is the property boundary. The new AULs for AOC-1 (AUL-1A and AUL-2A) allow only
short-term construction and utility/erosion repair activities on AOC-1,The purpose of these new AULs is
to clarify allowable land uses in these thin strips of land.
4. Method 3 Risk Characterization
O'Reilly, Talbot and Okun completed a Method 3 Risk Characterization (OTO, Jul y 2009and revised in
March 2012) of the Site which included an evaluation of exposure to residual contaminants of potential
concern in Site soil, groundwater and sediments. The revised conclusions regarding the human heath,
public welfare, safety and environmental risks arc as follows:
a. Human Health
Based on these findings, we conclude that a Condition of No Significant Risk for AOC-1 exists for
construction workers based on current and foreseeable future Site uses. Construction worker exposure is
considered to be protective of lesser-exposed utility workers and landscapers. Soil exposures to other
receptors are controlled by the implementation of the AUL for the Class A-3 RAO-P, and there are no
complete exposure pathways for AOC-1 groundwater. Indoor air impacts to the existing Site building are
not likely based on the absence of volatile-impacted groundwater and soil. Sediment and surface water in
the Mill River has not been identified to have been impacted by the Site and no regular recreational
activities occur on the lover river bank of AOC-1. it is assumed that an AUL will be implemented for a
portion of the Site(Exhibit B) restricting future single-family residential use (or other uses where children
are likely to be present on a routine basis and engaged in high-intensity activities, including digging or the
planting and ingestion of home-grown produce).
b. Public Safety
There are no rusted or corroded drums or containers, open pits, lagoons, or other dangerous structures at
the Site; there is no threat of fire or explosion from the presence of explosive vapors resulting from the
release of OHM at the Site: and there are no containerized materials at the Site exhibiting the.
characteristics of corrosivity,. reactivity, or flammability. Based upon the above evaluation, a condition of
No Significant Risk of harm to safety exists at the Site, as no threat of physical harm or bodily injury to
people related to the COCs was observed at the Site or within the surrounding area.
c. Public Welfare
The Site has been shown to contain soil impacted by metals that are not likely to create an odor at close
range. In addition_ soils are located under site buildings or pavement. Groundwater is not a potential
drinking water source. Livestock are not currently present at the Site, and due to the Site's developed
location, livestock are not expected to be present at the Site in the future. The surrounding community is
not anticipated to experience nuisance conditions, loss of property uses, or other non-pecuniary effects as
a result of Site releases.
The characterization of risk to public welfare includes a comparison of the concentrations of COCs to
Upper Concentration Limits (UCLs; 310 CMR 40.0994 and 310 CMR 40.0996). UCLs are threshold
concentrations that, if exceeded, indicate the potential for significant risk of harm to public welfare and
the environment under fixture conditions. As no hotspots were identified in AOC-1, the average soil
concentrations of all soil samples were used for comparison to the UCLs. Results of this comparison
show that that none of the average concentrations of COCs in soil exceeds its applicable UCL within
AOC-1.
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 5 of 9
This fence connects the existing chain link fence around the tailrace with the existing chain link fence on
the north side of the paved parking area at the Firehouse lot. This fence runs along the edge of the paved
surface, separating the unpaved riverbank from the paved areas accessible to the general public. The
riverbank was then physically stabilized using compost mulch, seed, erosion control fabric, and willow
stakes. Since the UCL soil no longer exists in this area and the residual concentrations of metals arc
isolated, the Imminent Hazard situation no longer existed,and the IRA was closed on September 9,2005.
[n all areas of AOC-1 where an exceedance of a UCL of any metal was identified, this material was
moved to the existing soil stockpile within AOC-2. West of the Cutlery Building and Firehouse, the
remaining metals-impacted soil along the bank leading down to the Mill River were physically stabilized
in place. A four-foot high chain-link fence was erected along the west side of the parking lots in AOC-I
to restrict access to the river bank.
Confirmator,, soil samples indicated that the UCL contaminated soil had been removed from AOC-I.
Changes to several UCL concentrations were incorporated in the 2006 MCP ``Wave 2 Changes". As a
result, the soil sample CB-12 is now identified as containing lead (4,480 mg/kg) and antimony (471
niglka) at concentrations in excess of their respective UCL concentrations (2.000 mg/kg and 400 mg/kg).
These concentrations are part of the calculated Exposure Point Concentrations (EPCs) calculated in the
Method 3 risk characterization (OTO, 2009). The resulting EPCs indicate an average concentration well
below the UCLs for these metals: therefore this material does not need to be removed in order to close
this portion of the Site.
Residual contamination in areas of AOC-1 is still present in soil. The areas of the parking lot where
residual contamination remains have been paved and this pavement will be maintained in good condition.
The remaining metals-impacted soil along the bank leading down to the Mill. River (including C13-12)
was physically stabilized in place to prevent any further erosion and these erosion controls will be
maintained in good condition. The unpaved areas within AOC-1 have been fenced off with a chain link
fence and this fence will be maintained in good condition.
The tilled portions of the raceway in AOC-2 were used as the location of a soil stockpile accepting
primarily UCL soil from AOC-1. The stockpile was then graded in such a way as to reduce its height and
was covered in gco-textile fabric and loam. The pile was then seeded with grass to prevent erosion.
On April 3, 2006 the "Wave 2 Changes"to the MCP were implemented. These revisions and updates to
the regulations included a change in the GW-3 standard for nickel from 80 ug/pph) to 200 ug!L. This
change has been incorporated in the groundwater tables for this Site and renders.the nickel results for the
two most recent rounds of groundwater sampling discussed below to be acceptable.
3. Current Site Conditions
The Site is located in a mixed residential and light industrial area of Northampton, and is bordered by
undeveloped and residential land to the north, industrial land to the south, the Mill River and agricultural
and residential land to the west and Riverside Drive and residential land to the east. The closest
environmental receptor is the Mill River that abuts the Site to the west.
The Site is currently developed with two commercial brick buildings and associated parking lots and
landscaped areas. Current use of the Site is commercial and residential. One residential loft apartment is
located on the second floor in a western section of the Cutlery Building, but is not located within the Site
boundaries. There conditions are not expected to change in the foreseeable future. The original AULs for
AOC-1 (AUL-I and AUL-2) allow for multi-family residential and commercial uses, and short-term
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 4 of 9
Four samples were submitted for coal/coal fly ash identification. The EDX data,texture and morphology
of the particles as seen by the PLM, and SEM were consistent for the presence of a heavy loading of
anthracite coal and moderate amount of coal ash.
After wetlands at the Site had been delineated and the horizontal and vertical extent of contamination was
determined through the many subsurface investigations described above, remedial options were evaluated
and the best option was chosen. The following remedial options were considered the best alternatives for
the areas of concern (AOC)at the Site.
AOC-1: Excavate hot spots from under the parking lots and consolidate this material within AOC-2.
Pave the parking lots and place an AUL on the new pavement areas for the residual metals-
impacted soil (AUL-1 and AUL-2).
In the fall of 2004, the worst of the identified impacted soil within AOC-1 was excavated and either
stabilized and consolidated, or simply consolidated in a stockpile, within AOC-2. Approximately 400
yds' of soil from AOC-1 were stockpiled within AOC-2. Confirmatoty soil sampling results from the
excavation areas identified in the Phase IV RIP indicate that the objectives of this excavation were met;
the areas are substantially cleaner than before the excavations.
The soil in SA-3 that contained leachable lead was stabilized in place so that the lead would no longer
leach. Confirmatory soil sampling indicated that the metals stabilization was successful. Once excavation
activities within the parking lots for the Cutlery Building and the former Firehouse had achieved the
remedial goals for these areas. the parking lots were paved. The addition of a sediment trap within the tail
race to improve the parking lot stormwater quality was also completed.
In the summer of 2005, metals-impacted soil was discovered on the bank of the Mill River behind the
Cutlery and Firehouse buildings, west of the parking lots, indicating that AOC-1 extended further to the
west than previously thought. This meant that simply paving the parking lot surface would not provide a
sufficient barrier to isolate this soil. The concentrations of chromium exceed Imminent Hazard levels,
and one of these (CB-1 at 25,000 mglkg)exceeds the UCL for chromium (1000 mg/kg).
The DEI' was notified of the CB-I Imminent Hazard (III) condition on Jul• 28. 2005 and an Immediate
Response Action (IRA) was initiated. NEE proposed the installation of-No Trespassing" signs as an
appropriate mitigating measure under the IRA triggered by the Il-1 condition. The bank of the Mill River
where these samples were collected was a deeply wooded area behind the Cutlery Building parking lot, an
area where people do not enter and had no reason to cross. The bank down to the river is quite steep and
much of it is simply impassable. The area showed no signs of activity prior to sampling, so posting signs
was considered a precautionary measure. Mr. John Bourcier of the DEP agreed that sign posting was an
appropriate measure, and the signs were installed the following clay_ July 29, 2005. In addition to the
signs. NEE also installed several short lengths of orange construction fencing in the more accessible areas
of the top portion of the bank as an additional deterrent. At a follow-up site visit on August 12, 2005,
Mr. Ben Fish of the DEP agreed that the sign posting and fences were adequate mitigation measures for
the steep bank. This IRA was initiated to abate an Imminent Hazard associated with chromium in soil in
excess of UCL concentrations in AOC-1. This UCL soil was subsequently moved to the existing soil
stockpile in AOC-2, the stockpile was covered with gco-textile fabric, loam and seed_ and the stockpile
area was fenced on three sides.
The riverbank where the CB-1 soil was excavated was shown to no longer contain UCL concentrations of
chromium. The remaining soil on the riverbank was known to contain residual concentrations of
chromium and other metals in excess of Method I clean--up criteria from the 2005 sampling data. These
impacted soils were isolated under an orange plastic fencing marker layer and behind a chain link fence.
Exhibit C-Class A3 Response Action Outcome LSP AUL Opinion Page 3 of 9
The DEP was notified of a release of petroleum, lead, and chromium to Site soil on February 16, 2000.
As part of their response. DEP issued a Notice of Responsibility(NOR)to both Mr. Elbaum (then owner
of the former Firehouse) and Cutlery Building Associates (RT'N 1-13320)_ and requested that an
Imminent Hazard Evaluation be conducted to determine if concentrations of lead and chromium in
surface soil constituted an imminent Hazard as defined by the MCP.
An Imminent Hazard Evaluation was conducted, which included the near surface sampling of the waste
material. The waste fill material was found below a four-inch organic layer. Laboratory results from all
eight samples confirmed the presence of lead and chromium in surficial soil. Concentrations of total
chromium (chromium-III and chromium-VI) exceeded the Imminent Hazard concentration for chromium
VI. Further analysis on later soil samples revealed that chromium-VI (hcxavalent chromium) was not
present in detectable concentrations, therefore establishing that the detectable chromium was chromium-
III, and that an Imminent Hazard condition did not exist.
With consent from the PRPs, the DEP collected three sediment samples from the Mill River on August 7.
2000. On this date, the DEP also collected a surface soil sample (herein referred to as DEP-1) from on
top of the former r acewa.. levee, approximately 300 feet south of the former damn that once diverted water
into the raceway. The surface soil sampled was a mixture' of black ash and cinder and a pink-tan fine
sand. This material was found to contain 430 mg/Kg arsenic, and was the basis of DEP's request to
conduct a second Itnmii7ew Hazard t alrrcitir)n (" 40 mg/Kg arsenic).
On October 24, 2000, twelve shallow test pits were dug to 1 foot below ground in the vicinity of DEP-I.
Laboratory analysis indicated that the pink-tan sand found in the test pits was the source of the Imminent
Hazard concentrations of arsenic. Sample 111S-9_ taken from a depth of 10-12". contained concentrations
of arsenic(51.5 tag/Kg)above the Imminent Hazard criteria. Additional driveway gravel was added to the
parking lot in the area of 1HS-9 as an Institutional Control to bring the depth of the waste fill to a depth
greater than I 2 inches. thereby relieving the arsenic Imminent Hazard condition in the parking lot.
The Site was originally classified as a Tier IC disposal Site based upon the presence of an Immanent
Hazard situation at the time of Tier Classification. The immanent Hazard situation was alleviated with
the installation of a f'e'nce to control Site access, and the Site was subsequently re-classified as a Tier 11
disposal Site with the submittal of a Major Permit Modification/LSP Opinion on June 20. 2001.
Four additional test pits were conducted in 2000. Concentrations above the Method 1 clean-up standards
were reported for extractable petroleum hydrocarbons, chromium, lead, nickel, antimony, and arsenic in
samples collected in these test pits. This investigation indicated that the buried debris is concentrated in a
strip. approximately -I0 feet wide. which runs in a north/south direction parallel to the bank. The vertical
extent of buried debris generally decreases moving towards the east/west limits of the strip, and is greatest
near the center of the strip extending to approximately 6 to 8 feet below ground surface.
Groundwater sampling was conducted on January 24 and 31, 2001 Concentrations for both EPH and
Soluble PP 13 Metals were below the detection limit in all samples except MW-4 where nickel (333 ug/L)
was detected_ which is above the applicable reportable concentration (RCGW-2)for nickel (80 ug/L).
On July 23, 2003,the excavation of 10 backhoe test pits was conducted across the southern portion of the
raceway and west of the Cutlery building(AUL-1 &2). The objective of the program was to determine if
there was a TCLP issue under the parking lot areas and to round out the analyses up to the current
investigatory standard of 17 metals. Soil sampling and visual observations confirmed the horizontal
extent of the fill material in the southern portion of the Site was confined to the channel of the former
raceway and extended beyond the raceway boundaries in the area of test pits NEE-8 and NEE-9.
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page 2 of 9
Exhibit C
Attachment to Form 1075
LSP Activity and Use Limitation Opinion
320 &34() Riverside DI'ive,Northampton_Massachusetts
RTN 41-13320
April 5, 2013
1. Site Use History
The Site has been divided into three Areas of Concern(ACC):
AOC-1: This area of the Site, which is the topic of discussion in this document (AUL-IA & AUL-2A)_
includes the northwestern portion of the southerly,Cutlery Lot 32 and the western portion of the
Valley Home Improvement (VHI)Lot 76, west of the original AULs on these properties (AUL-
1 and AUL-2). AULs I & 2 included the paved parking lots behind the Cutlery building and the.
\'H1 building and the sloped bank down to the Mill River west of these parking lots. The new
AUL-1A and AUL-2A start at the toe of the slope and extend westward to the property line at
the centerline of the Mill River.
AOC-2 and AOC-3: These areas of the Site are not included in the AULs which arc the topic of this
document, but are the subject of a different AUL (AUL-3). They occupy the narrow strip of
undeveloped land between Riverside Drive and the Mill River, from the northern VI-1I property
line to the northern portion of Lot 77, where water entered the raceway at a former clam. AUL-
3 extends westward to the property line at the center line of the Mill River.
This portion of the Site parcel was historically used as a former raceway that carried water from the Mill
River to the former Northampton Cutlery mill building. The raceway was built in the mid 1800's and
carried water until the mid 1900's. Some time in the 1940"s or 1950's the water from the raceway was no
longer needed and it was drained. For the next 20 to 30 years, the southerly portion of the raceway,
extending approximately 600 feet north from the Cutlery Building was used as a dumping site for
household garbage, demolition debris, and industrial wastes. There are currently two commercial
structures on the Site. Valley Home Improvement occupies the two-story structure with the original
eastern portion of the building constructed with brick (former Firehouse) and the western portion
constructed with wood on Lot 76. The former Cutlery building is a three-story brick mill building with
wood-framed additions on Lot 32.
2. Release and Remedial History
An environmental site assessment of the Site was conducted in 1989 and documented lead and chromatin
contamination on the northerly portion of the Site (Lot 77, 360 Riverside Drive, AUL-3). It was observed
that various debris and metal scraps were buried within the former mill raceway that ran north/south
through the lot. In 1996, another site assessment was conducted in locations outside the former raceway
and did not find indicators of contamination. This was used to help determine the boundaries of the
raceway. In 1999; a third investigation was conducted,and test pits located in the raceway confirmed the
existence of lead and chromium contamination and documented the character of the fill material (contains
solid and industrial waste,and demolition debris). In 2000,a continuation of the investigation of the filled
raceway was conducted and confirmed additional locations within the raceway with confirmed
contamination however the extent of contamination was not yet determined.
Exhibit C—Class A3 Response Action Outcome LSP AUL Opinion Page of 9
EXHIBIT 13
A portion of the Property is subject to this Notice of Activity and Use
Limitation as more particularly shown and described on a plan dated March 5, 2013,
entitled "Activity and Use Limitation Plan, Northampton, Massachusetts, Surveyed for
Cutlery Building Associates" by Richard J. LaBarge & Son, and recorded in said
Registry at Plan Book 229,Page 22.
The portions of land that are subject to the Activity And Use Limitations are
shown and described on said plan as "AUL AREA #1A, area-5,0 1 5 sq. ft." (referred to
hereafter as "AUL-1 A"), and as "AUL AREA #2A, area=7,395 sq. ft." (referred to
hereafter as"AUL-2A"), and being more completely described below.
AUL Area #1A
Beginning at the intersecting corners of AUL 1, 1A, 2 & 2A as shown and
marked hereon as the Point of Beginning of AUL 1A 34 2A, running thence;
508-43-55E Thirty—nine and 05/100 (39.05) feet to a point, running thence;
S30-13-45E Forty—ore and 67/100 (41.67) feet to a point, running thence;
S62-34-35E Nine and 51/100 (9.51) feet to a point, running thence;
515-42-12E Eighty—one and 03/100 (81.03) feet to a point, running thence;
S18-20-15E Thirty—one and 12/100 (31.12) feet to a point, running thence;
509-24-01E Seventeen and 08/100 (17.08) feet to a point, running thence;
S16-22-27E Thirty—two and 22/100 (32.22) feet to a point, running thence;
526-33-48W Twenty—three and 55/100 (23.55) feet to a point, running thence;
N22-41-00W Forty and 64/100 (40.64) feet to a point, running thence;
N25-52—OOW Twenty—five and 00/100 (2.5.00) feet to a point, running thence;
N19-25—O0W Ninety and 00/100 (90.00) feet to a point, running thence;
N27--06—O0W Twenty—four and 00/00 (24.00) feet to a point, running thence;
N34-57—OOW Forty—seven and 00/100 (47.00) feet to a point, running thence;
N37-26—OOW Twenty—seven and 85/100 (27.85) feet to a point, running thence;
N56-24-41E Fifty—one and 47/100 (51.47) feet to the point of beginning.
Containing 5,015 Square Feet of land, more or less.
AUL Area #2A
Beginning at the intersecting corners of AUL 1, 14, 2 & 2A as shown and
marked hereon as the Point of Beginning of AUL IA & 24, running thence;
556-24-41W Fifty—one and 47/100 (51.47) feet to a point, running thence;
N37-26—O0W Fifty—four and 65/100 (54.65) feet to a point, running thence;
N34-50—OOE Ninety—three and 90/100 (93.90) feet to a point, running thence;
S25-18-22E Twenty—nine and 34/100 (29.34) feet to a point, running thence;
S08-36-39E Sixty—six and 22/100 (66.22) feet to the point of beginning.
Containing 7,395 Square Feet of land, more or less
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The undersigned LSP hereby certifies that he executFd the aforesaid Activity and Use
Limitation Opinion attached hereto as Exhibit C and made a prt hereof and that in his
Opinion this Notice of Activity and Use Limitation is� onsisteft with the terms set forth
in said Activity and Use Limitation Opinion. i
Date: , GLIV Z"J 1�' ,
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!t r t `. t pot Ve OF it 44.
•L'ons �itfen, LSP ��p ATM. G��� �,
u LYONS
WITTEN
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, -0.31/TE PROF
COMMONWEALTH OF MASSACHUSETTS LS EAL
Hampshire,ire, ss
On this q day of May, 2013, before me, the undersigned notary public
personally
appeared Lyons Witten, who proved to me through satisfactory evidence of
identification, which were ` !rILii_, . k - , E '' ,to be the person whose name is
signed on the preceding or attached document, and a knowledged to me that he signed it
voluntarily for its stated purpose.
1 V r•
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Notary Public
My cone fission expires: 9,I /
PENNY E. BANISTER
�1 Notary Public
,,. COMMONWEAL1HOFMASSACHUSET/S
Upon recording, return to: ti MY Commission Expires
September 19, 2019
CUTLERY BUILDING CONDOMINIUM TRUST
c/o Alan Verson,
56 Main St
Northampton,MA 01060
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
On this / `I day of May, 2W 3, before me, the undersigned notary public, personally
appeared Susan E. Rees, who proved to me through satisfactory evidence of
identification, which were z. , to be the person whose name is
signed on the preceding or attached docufinent, and acknowledged to me that she signed it
voluntarily for its stated purpose.
Wendy L. Ihurphy, NotO.`y Public
My commission expires: 7 7
COMMONWEALTH OF MASSACHUSETTS
Iiampshire, ss
On this day of May 2013, before me, the undersigned notary public, personally
appeared „511.c id U� Sc IA Ta I( , who proved to me through satisfactory
evidence of identification, which was my personal knowledge,to be the po r'son whose
name is signed on the proceeding document, and acknowledged to me thy'she./he signed
it voluntarily for its stated purpose, as manager of Ross&Rose, LLC
.wri�L nir
jag/ i MN
Nota Public
My comm..sion expi es ,,,,, rrrrr«,,,
r P.
f
COMMONWEAL 111 OF MASSACHUSETTS
Hampshire, ss
On this I ? day of May, 2013, before me, the undersigned notary public, personally
appeared Sam Burton, who proved to me through satisfactory evidence of identification,
which were ,f ;G: , ,, _. ����, , 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.
Wendy L. 6unphy, iqota6 Public
My commission expires: 7 7,37//r
ROSS&Rose, LLC
By � •
hit lit
ts' M h itlit�e -
S
COMMONWEALTH OF MASSACHUSETTS
Hampshire,ss
On this aI day of May, 2013, before me, the undersigned notary public, personally
appeared Alan Verson, who is personally known to me 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 Trustee of Cutlery Building Condominium Trust and
as General Partner of Cutlery Building Associates.
Wendy L. Dunphy, lotary Public
My commission expires: / / 7 --
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
On this / day of May, 2013, before me, the undersigned notary public, personally
appeared Robert Cummings, who proved to me through satisfactory evidence of
identification, which wereaF���. �l; /-f�1,-7� , to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose, as manager of CFP Properties, LLC.
Wendy L. Iidunphy, %t ad Public
• My commission expires: �� 'il/
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.
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 of
Deeds.
WITNESS the execution hereof under seal this S _day of May, 2013.
CUTLERY BUILDING
CONDOMINIUM TRUST
�By:
Its Trustee
CFP PROPERTIES, LLC,
„id
G1vl.v.o, &rte `- iatvT)Cawi.wttv�c�s
Sam Buroz j
SusaniEees ---�
CUTLERY BUILDING ASSOCIATES
By: l ,_ 4
Its Ri rA;Av r
i. The four-foot high chain link fence on the west side of the paved parking
lots shall be maintained in good condition;
ii. Gates in the chain link fences shall remain locked at all times. The property
owner(s) shall restrict access to the locked areas to authorized personnel
who are familiar with the terms of this document.
iii. Signs stating the fenced areas west and north of the chain link fences are off
limits ("No Trespassing") shall be posted in visible locations along each
section of fence,and shall be maintained in good condition;
iv. Erosion controls have been installed on the bank of the Mill River west of
the chain link fence (AUL Areas #1 & #2, adjacent to AUL Area #2A).
This includes an orange marker layer of plastic construction fencing under a
layer of seeded and planted organic soil. The layer of seeded organic
material should be maintained to a thickness sufficient so as the orange
marker layer is not visible. It should be noted that the orange marker layer
was installed over rock in some areas and organic material and planting are
not expected to stay or grow on top of the rock. In these limited areas, the
orange marker layer will remain visible. In steeper areas, erosion control
fabric or blanket was installed over the organic layer and pinned in place to
assist in the establishment of planted materials. This material may be
supplemented as necessary, or allowed to compost in place as the planted
materials become established. Erosion of the steep bank west of the chain
link fence is not permitted and eroded areas will be repaired promptly.
v. No erosion controls have been installed on AUL Area#2A as this is deemed
impractical from a construction and maintenance standpoint within the
floodplain of the Mill River.
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
long as any of the following activities and uses occur on the Portion of the Property:
i. Short-term (6 months or fewer) construction, development, emergency
utility repair and/or other subsurface activities within the AUL AREA #2A.
Relocation of soil is permitted within AUL AREA #2A provided the
activities conform to the conditions outlined in Section 3 of this Notice of
AUL(Obligations and Conditions);
ii. Activities and Uses which are not identified in this Opinion as being
inconsistent with maintaining a condition of no significant risk;
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
that the activities and uses set forth in this Paragraph; and,
iv. Such other activities and uses not identified in Section 2 of this document as
being Activities and Uses Inconsistent with the AUL;and,
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 AUL area for single-family residence, school, daycare, nursery,
playground, recreational area, and/or other such activities or uses where a
child is likely to be present and engage in high-intensity activities (e.g.,
digging, playing, gardening) that have the potential to result in disturbance
of or direct contact with OHM-impacted Site soils;
ii. Use of any portion of the AUL area soil for the growth or production of
homegrown produce for human consumption;
iii. Use of any portion of the un-paved and fenced portion of the AUL Area
#2A for any reason other than maintenance of the erosion controls on the
bank of the Mill River, or monitoring, assessment or remediation of the Site.
iv. Soil within the AUL Area #2A may not be moved to another area of the
Property, or off the Site, without first being evaluated by an LSP who shall
render an opinion, in accordance with 310 CMR 40.1080 et seq., as to
whether the soil relocation will present a significant risk of harm to health,
safety,public welfare,or the environment.
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:
Unit D, owned by Ross & Rose, LLC, by deed dated August 31, 2011, and
recorded in said Registry at Book 10646, Page 146, subject to a mortgage to
Florence Savings Bank dated August 31, 2011 and recorded in said Registry at
Book 10646, Page I49
Whereas, the Declaration of Trust of Cutlery Building Condominium, dated
February 20, 1987, and recorded in said Registry at Book 2916, Page 239, provides that
the Cutlery Building Condominium Trust shall manage, control and maintain all of the
land and common areas of the property subject to the aforesaid Master Deed, and
Whereas, a portion of the condominium common area land is subject to this
Notice of Activity and Use Limitation, said portion of the land being shown and
described on a plan dated March 5, 2013, entitled "Activity and Use Limitation Plan,
Northampton, Massachusetts, Surveyed for Cutlery Building Associates" by Richard J.
LaBarge & Son, and recorded in said Registry at Plan Book 229,Page 22. The portion of
land that is subject to this Activity And Use Limitation is shown and described on said
plan as "AUL AREA #2A, area-7,395 sq. ft." (referred to hereafter as "AUL AREA
#2A"), and
Whereas, the remaining land shown on the plan that is outside the area shown as
AUL AREA #2A is not subject to provisions and restrictions of this Notice of Activity
and Use Limitation, and
Whereas, the AUL AREA #2A comprises part of a disposal site as a result of a
release of oil and/or hazardous material. Exhibit A is a plan showing the relationship of
the AUL AREA #2A 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 A is attached hereto and made a part
hereof; Exhibit B is a legal description of said areas and is attached hereto;
and
Whereas, one or more response actions have been selected for AUL AREA #2A
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(b) the restriction of certain activities occurring in, on, through, over or under the
AUL AREA #2A. The basis for such restrictions is set forth in an Activity and Use
Limitation Opinion ("AUL Opinion"), dated April 5, 2013, (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
11111111 I 111 111 I 1 1
2013 00012498
Bk: 11331Pg:227 Page: 1 of 20
Recorded: 05130/2013 02:37 PM
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. eh 21E,s.6 and 310 CMR 40.000
Disposal Site Name: 320-360 Riverside Drive,Northampton,MA
DEP Release Tracking No #1-13320
This Notice of Activity and Use Limitation ("Notice") is made this Y day of May,
2013, by CFP Properties, LLC, Cutlery Building Associates, Sam Burton and Susan E.
Rees, and Ross & Rose,LLC.
WITNESSETH:
Whereas, the land and buildings known and located at 320 Riverside Drive,
Florence, Northampton, Hampshire County, MA, are subject to a Condominium Master
Deed and Declaration of Trust, said Master Deed being dated February 20, 1987, and
recorded in Hampshire County Registry of Deeds Book 2916, Page 224, as amended by
an instrument dated April 30, 1991 and recorded in said Registry at Book 3713, Page
325, and as further amended by instrument dated July 26, 2004 and recorded in said
Registry at Book 7919, Page 298, and a Third Amendment of Master Deed dated August
31,2011 recorded in said Registry at Book 10646, Page 142.
Whereas,the owners of the units that constitute 100 percent of the interests in said
condominium property pursuant to said Master Deed and Declaration of Trust, and the
mortgages that are recorded against each of the unit owners, are the following:
Units A and A-l,ovvned by CFP Properties, LLC, a Massachusetts limited liability
company, 320 Riverside Drive, Florence, Northampton, Massachusetts, by deed
dated April 29, 1999,recorded in said Registry at Book 5679, Page 237, subject to
a mortgage to Bank of Western Massachusetts dated December 12, 2008, and
recorded in said Registry at Book 9664, Page 294_
Unit B, owned by Cutlery Building Associates, a Massachusetts general
partnership, 56 Main Street, Northampton, Massachusetts, being a portion of
property described in a deed dated March 30, 1984, recorded in said Registry at
Book 2439, Page 259, subject to two mortgages to Florence Savings Bank, dated.
March 1, 1996, and recorded in said Registry at Book 4833, Page 333, and dated
May 31,2007, recorded in said Registry at Book 9145,Page 131.
Unit C, owned by Sam an usan E. Rees, Florence,
�S 320. Riverside Drive, Florence
Northampton, Massachusetts, by deed dated July 26,.2004, and recorded in said
Registry at Book 7919, Page 304, subject to a mortgage to Florence Savings
Bank, dated July 27,2004, and recorded in said Registry at Book 7919,Page 310,
3019- -- 3
OPI 9 - Q� / \ Tel(413) 835-0780
6,119 'vu oiee4r4z9,, , g c.. %O Fax(t l3) 549-7918
g ry na ante eta!Saeeti ,UL
Ns 00..
44 Wood Avenue
WI.`3f AMPict414°' Mansfield,MA 02048
June 8, 2013 Tel(508) 339-3929
Fax(508) 339-3140
Mayor David J. Narkewicz
City Hall
210 Main Street, Room 12
Northampton, MA 01060
Carolyn Misch, Sr. Land Use Planner(Zoning Official)
City Hall
210 Main Street, Room 11
Northampton, MA 01060
Louis Hasbrouck, Building Commissioner
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
Merridith O'Leary, RS
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
RE: Notice of Activity & Use Limitation (AUL)
320-340 Riverside Drive
Northampton,MA 01060
DEP RTN#1-13320
Dear Mr. Mayor& Other City Officials
Two Notices of AUL were recently recorded at the Hampshire County Registry of Deeds for the above-
referenced Site. Two legal ads were placed in the Hampshire Gazette announcing this event for the two
separate AULs placed for the single RTN. In accordance with the guidelines established in the
Massachusetts Contingency Plan (MCP— 310 CMR 40.0000)please find attached copies of the recorded
AU s and the newspaper notice.
O I ENG E'ING, INC.
L 81
i ' pp
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41 1 Lyons Witten, PG, LSP
Sen or Project Manager
Attachments: AUL#IA, AUL#2A,Gazette legal ads
cc: Cutlery Building Associates, PRP, Site Owner, do Mr. Alan Verson