459 DEP Report 4-26-19 ngineering & ECR, Inc.
( onsulting PO Box 905
esources, Inc. Acton, MA 01720
I/\ (978) 500-3199
rdoherty@ecr-consulting.corn
www.ecr-consulting.com
April 26, 2019
Ms. Merridith O'Leary, Director of Public Health
Puchalski Municipal Building
212 Main Street
Northampton, Massachusetts 01060
RE: Notice of Activity and Use Limitation
Pleasant Journey Used Cars
459 Pleasant Street
Northampton, MA01060
Release Tracking Number 1-705
Dear Ms. O'Leary:
In accordance with Public Notification requirements of the Massachusetts Contingency Plan
(MCP; 310 CMR 40.1403), please accept this letter as notification that an Activity and Use
Limitation for the above-referenced property was filed with the Hampshire County Registry of
Deeds on April 12, 2019. A copy of the recorded Activity and Use Limitation is attached.
Engineering and Consulting Resources, Inc. (ECR) will prepare a public notice for the AUL to be
published within 30 days in the local newspaper. A copy of the published notification will be
provided to you upon receipt.
Please feel free to contact me at (978) 500-3199 if you have any questions.
Sincerely,
Engineering & Consulting Resources, Inc.
Ve /
Richard E. Doherty, `.E., L.S.P.
President
Attachments: Recorded Activity and Use Limitation documents
Copy of Legal Ad
cc: Massachusetts Department of Environmental Protection (MassDEP)
Bk:13235 Pg:174
II
Bk: 13235Pg: 174 Page:1 of B
Recoided: 04112201912:11 PM
Form 1075
ti2(a: Pursuant to 310 CMP 40.1074(5), upon transfer of any interest in ora fight to use the property or a porion
thereof that Is subject to this Notice of Activity and Use Limitation, me Notice of Activity and Use Limitation shall be
• incorporated either in MI or by reference into all tenure deeds,easements,mortgages,leases,licenses,
of
occupancy agreements or any other instrument dbansfer. Within days ash deed shallbe submitted NoUcrome
• ActMty and Use Limitation in a deed that Is recorded orregiste
Department of Environmental Protection.
•TI •F ' TVITYAND S I I I•
M.G.L. c. 21E, §6 and 310 CMR 40.0000
Disposal Site Name: Pleasant Journey Used Cars
Site Address: 459 Pleasant Street, Northampton, MA
DEP Release Tracking No: 1-705
• This Notice of Activity and Use Limitation ("Notice') is made as of this Pen day of
1Robert
togetherr with his successors and assigns(collectively"Owner).
k
Massachusetts, 01301, .n Greenfield,
•
•
WITNESSETH:
WHEREAS, Robert P. Kalish is the owner in fee simple of that certain parcel of land
located in Northampton, Hampshire County, Massachusetts, with the buildings and improvements
•
thereon, pursuant to a 2001 deed recorded with the Hampshire County Registry of Deeds in Book
6418, Page 77;
WHEREAS, said parcel of land, which is more particularlyded and
bed in• n
Exhibit A, attached hereto and made a part hereof("Property) subject
to this
s Notice of Activity
Use Limitation. The Property is shown on the Plan of Land in Northampton, Massachusetts, dated
February 12, 2019, prepared by Heritage Surveys, Inc. and recorded in the Hampshire Registry of
Deeds in Plan Book 243, Plan 121.
• WHEREAS, the Property comprises part of a disposal site as the result of releases of oil
and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject
Bk:13236 Pg:115
to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the
limits of the Property and to the extent such boundaries have been established. Exhibit B is attached
hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for the Disposal Site in
accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR
40.0000 ('MCP"). Said response actions are based upon (a) the restriction of human access to and
contact with oil and/or hazardous material in soil and groundwater and/or(b)the restriction of certain
activities occurring in, on, through, over or under the Property. A description of the basis for such
restrictions, and the oil and/or hazardous material release events or she history that resulted in the
contaminated media subject to the Notice of Activity and Use Limitation is attached hereto as Exhibit
C and made a part hereof;
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth
in this Notice of Activity and Use Limitation are as follows:
1. Activities and Uses Consistent with Maintainioo No SionificaM Risk Conditions. The �(
following Activities and Uses are consistent with maintaining a Permanent Solution l0 and
310
a
condition of No Significant Risk and, as such, may occur on the Property pursuant
CMR 40.0000:
(i) Use as an industrial or commercial facility other than those facilities identified in
Paragraph 2 as being Activities and Uses Inconsistent with maintaining No
Significant Risk Conditions;
n Landscaping and routine maintenance of paved and landscaped areas;
(iii) Maintenance or repair of existing utilities;
(iv) Soil excavation and/or grading associated with activities other than maintenance
or repair of existing utilities, provided that such work is conducted in accordance with
the applicable Obligations and Conditions set forth in Paragraph
(v) Such other activities or uses which, in the Opinion of a Licensed Site Professional
("LSP"), shall present no greater risk of harm to health, safety, public welfare or the
environment than the activities and uses set forth in this Paragraph; and
(vi) Such other activities and uses not identified in Paragraph 2 as being Activities
and Uses Inconsistent with maintaining No Significant Risk Conditions.
.',k . ..' i.n:.
The flowing Activities and Uses are
nt
ution
and adinconsistent
condition of No Significant Risk pursuant to with maintaining 0 CMR40.0000 Paed , assuch,bmay
not occur on the Property:
(i) Use as a residence, school, nursery, park, playground, Daycare or Child Care
Center as defined in 310 CMR 40.0006, and/or other such use at which a child's
exposure to oil and/or hazardous materials in soil is likely;
Bk:13235 Pg:176
(ii) Pumping of groundwater at the Property without meeting Obligation (i) in
Paragraph 3 of this Notice; and
.)
m Soil excavation and/or grading, other than that associated with repair or
maintenance of existing utilities, without meeting Obligation (ii) in Paragraph 3 of this
Notice.
3. Obligations and Conditions. The following obliga0ons and/or conditions are
necessary and shall be undertaken and/or maintained at the Property to maintain a
Permanent Solution and a condition of No Significant Risk;
i. Pumping of groundwater on the Property associated with activities other than
maintenance or repair of existing utilities shall not be conducted unless an LSP
reviews the 2019 Permanent Solution Statement submitted to the Department of
Environmental Protection, along with other documents and information
• considered relevant by the LSP, and concludes in writing that such pumping is )�
unlikely to result in Significant Risk to human health, safety, public welfare, or
the environment. The LSP may impose conditions on groundwater pumping,
and such conditions shall be fully implemented under the supervision of, and
with the written final approval of, an LSP.
ii. Prior to the performance of soil excavation and/or grading associated with
activities other than landscaping, routine maintenance of paved or landscaped
areas, or repair or maintenance of existing utilities, a written evaluation of the
need for a Health and Safety Plan and/or a Soil Management Plan shall be
obtained from an LSP. If, in the opinion of the LSP, either or both Plans are
necessary, they shall be developed and implemented in accordance with the
following:
a. A Health and Safety Plan,if necessary, shall be prepared by a Certified
Industrial Hygienist or other qualified individual sufficiently trained in
worker health and safety requirements.Workers performing excavation
and/or grading shall be informed of and shall follow the requirements of
the Health and Safety Plan, and the Plan must be available on site
throughout the course of excavation and/or grading;
•
b. A Soil Management Plan, if necessary, shall be prepared by an LSP.
Requirements and procedures for handling and disposal of excavated soil,
as applicable, shall be followed and fully implemented as described in the
Soil Management Plan.
4. Proposed Chanties in Activities and Uses. Any proposed changes in activities and
uses at the Property which may result in higher levels of exposure to oil and/or
hazardous material than currently exist shall be evaluated by a Licensed Site
Professional who shall render an Opinion, in accordance with 310 CMR 40.1080, as to
whether the proposed changes are inconsistent with maintaining a Permanent Solution
and a condition of No Significant Risk. Any and all requirements set forth in the Opinion
to meet the objective of this Notice shall be satisfied before any such activity or use is
commenced.
Bk:13235 Pg:177
5. Violation of a Permanent or Temporary Solution. 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 a Licensed Site Professional in accordance with 310 CMR 40.1080, and
without additional response actions, if necessary, to maintain a condition of No
Significant Risk.
If the activities, uses, and/or exposures upon which this Notice is based change without
the prior evaluation and additional response actions determined to be necessary by a
Licensed Site Professional in accordance with 310 CMR 40.1080, the owner or operator
of the Property subject to this Notice at the time that the activities, uses and/or
exposures change, shall comply with the requirements set forth in 310 CMR 40.0020.
6. Incorooration Into Deeds. Mortoaoea, Leases. and Instruments of TransieG
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 in accordance with 310 CMR 40.1074(5).
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 Licensed Site Professional, and recorded and/or registered with the
appropriate Registry of Deeds and/or Land Registration Office.s
WITNESS the execution hereof under seal this U14k day of Apr; I , 2019
by Robed P. Kalish
COMMONWEALTH OF MASSACHUSETTS
/q FRANKLIN, ss q , 2019
On this day of APril , 2019, before me, the undersigned notary
public, personally appeared Robert P. Kalish, proved to me through satisfactory to be the
evidence of identification, which was Mil Licv,u
whose name is signed on the preceding or attached document, and acknowled!ed to me
that he signed it voluntarily for its stated purpo
JONATHAN PETER ZeCHAU
NOAssc000nni
TMp u0g
COIONOMOEs
Ms Commission DOM
Ml M. SOZS
`Notary Publi
My Commission Expires: ti/Lf-t/20 2 Vt
- Bk:19216 Pg:178
The undersigned Licensed Site Professional hereby certifies that in his Opinion this Notice of Activity
and Use Limitation is consistent with a Permanent Solution and maintaining a condition of No
Significant Risk.
•
Date: Aro 8 2019
Richard E. Dohe , LSP#6508
•
weary
w.sacs
COMMONWEALTH OF MASSACHUSETTS
IA I � , 2019
MIDDLESEX, as o
(hn dayof '•� , 2019, before me, the undersigned notary public,
On this
personally appeared
was a Richard Massachusetts drivers er to me
tobethe person whose name
identification,s
is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
•
Emily J. Kerrigan
NOTARY PUBLIC
i1'/.Comnanweellhof ansa 2762022
No - Public / M'ceunuIo 6a
Myr • mission Expires: OCIa-1Iaa
•
Upon recording, return in SASE to:
Robert P. Kalish
504 Lampblack Rd.
Greenfield, MA 01301
Bk:13235 Pg:179
EXHIBIT C
ACTIVITY AND USE LIMITATION NARRATIVE
In accordance with the Massachusetts Contingency Plan (310 CMR 40.0000), an Activity and
ae ((the) has been preparedThe Property is currrentlyerty at 459 Pleasant occupied by a ausedet ncar dealership
Massachusetts (the "Properly").
(Pleasant Journey Used Cars), and owned by Robert P. Kalish.
The area to which the AUL applies is the entire 459 Pleasant Street Property. One or more
petroleum releases have occurred at the Property associated with its use as a gasoline service
station between 1932 and 1984. The petroleum released consists primarily of gasoline. The
release was discovered in 1988 when gasoline was detected at the 492 Pleasant Street property
located across Pleasant Street from the Property. Subsequent investigations indicated the
presence of gasoline constituents on the eastern side of the Property and portions of the 480
and 492 Pleasant Street properties that are located across Pleasant Street. Data indicate that
soils above the high water table on the 480 and 492 Pleasant Street properties were not
significantly impacted by the gasoline release. Data also indicated that indoor air impacts
associated with the release were not likely to exist.
Response actions taken to address the release included but were not limited to excavation of
soil on the 480 and 492 Pleasant Street properties in 1988, manual removal of gasoline from
monitoring wells between 1992 and approximately 2000, and the operation of groundwater and
vapor extraction systems between approximately 2003 and 2010 that reportedly recovered over
700 gallons of gasoline.
The AUL is required due to the presence of residual gasoline components at the Property. As of
2017, soils in the eastern portion of the Property were found to contain up to approximately
4,000 milligrams per kilogram (or 0.4 percent) of gasoline hydrocarbons. Significantly impacted
soils were observed between approximately 5 to 20 feet below ground surface. Groundwater on
the eastern portion of the Property remains impacted by gasoline constituents at total
concentrations up to 66 parts per million (or 0.007 percent).
The AUL contains obligations that must be met if certain future activities are conducted, so that
potential future exposures to contaminants can be identified, avoided, limited and/or controlled.
The AUL prohibits future uses of the Property that have been identified as likely to result in
significant exposure to contaminants by children. The obligations and conditions of the AUL are
described in the AUL fonn to which this document is attached as Exhibit C. The AUL is an
important component of the Permanent Solution for the identified releases, and conformance
with the AUL is essential to maintaining a Condition of No Significant Risk. Additional details can
be found in the 2019 Permanent Solution with Conditions Report prepared by Engineering &
Consulting Resources, Inc. of Acton, Massachusetts. '
Richard E. Doha , PE, LSP
� H
yfcteclr 21 2019 Petri 1
Date
— --_-
_ _ — ---
..---
/ i
/ APPROXIMATE' IYFI-HNAPSHIRE UT Spp PLEASANT STREET
EXTENT CF • SHERIFF'S-DANCE LU 1 GAS ANTISN
APPROXIMATE HISTORIC EXTENT Ime SOIL 2nd R:wlrcecwe
1 OF DISPOSAL SITE REMOVAL
�I ae]PLEASANT STREET 1
1
% URO LUBE
AUTO CENTER Ir• �` 1
/ I\190 M PASANT STRE I 4 1. _ _ __
JI — I ro
11 - I, . . CAR WASH J ----_-___--2-----25--------;
N
% \ _ ..---
--
\ --.
__ `� ("LITE 51 /
\ — — __. _ PLEPSANT STREET I
AREA SUBJECT TO
ACTIVITY AND USE LIMITATION = `i� — \
18,907+1-sf —
\ PLEASANT
CARS 491•\ 49 COMMERCIAL
LEASANT Bi.
V 959 PLEASANT ST. . .
\ \ ,4
.._._:., „.s„,..„,
G\t \ .\ / y OP. N
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�� \•\ \ ••\ /' G9-V
Fi r e-
S a� �� 4\FO TIRE EXHIBIT B
LEGEND E SKETCH PLAN
\ / 5.(P� ADDRESS.
PROPERTY LINE •
/
---•• \ O?l” .ew•ri.i i 959 PLEASANT STREET
\ / G ..s.HI.e NORTHAMPTON,MA
AREA SUBJECT TO AUL <--.
�••�.• ! • 50 5D tlNrcN,IR. wTE: FILE. SfJb
FTORAGE TANKERGROUIOND \ - --
( I STORAGE LOCATION Approximate Scale in Feel 32LI9 EX I'=50'
(APPROXIMATE)
Bk:19296 P9:181
EXHIBIT A
A certain parcel of land known as 459 Pleasant Street in Northampton, Hampshire County,
Massachusetts, bounded and described as follows:
Beginning at a point at the intersection of the southerly line of Fulton Avenue and the westerly
sideline of Pleasant Street and running thence;
S09°-111116"E along the westerly sideline of Pleasant Street, 26.62 feet to a point, thence;
S05°-12'-32"E along last named land, 12024 feet to an iron rod, thence; �l
S63°-16'-14"W, along land now or formerly of Noho Gateway LW, 100.61 feet to a point,
thence;
N31°-521-401A1 along the easterly sideline of Conz Street, 9.32 feet to a point, thence;
N33°-07'-56"W, along last named land, 88.71 feet to a point, thence;
Northeasterly, on a curve to the right, having a radius of 20.35 feet, along the southerly
sideline of Fulton Avenue, 30.08 feet to a point,thence;
N57°-11'-58"E, along last named land, 150.17 feet to a point of beginning.
Containing an area of 16,907 square feet, more or less.
•
Af1Dt.IDTDe
P1161° ItAA4 tSfl
Pti 145 i ITI BIa. gel,
-
A PLEASANT STREET wR
es•sr
or„
zxze' F2024. _
aw
....rn /� ,ram010 GnrFIVAH 1 CC., Pie �•1 z..o
•
% 6
o xA 8
\ syrrry or Dips
I1004 Si HAGT '7 •L
PARCEL 1 .,,...„
AREA
16.9071 S.F. «
�"w_. ,,,,„,,,,„,,00-
\ cOHPEEr. �/ /
xon vrwmr �..x A a,
/ _ NORTHAMPTON. MASSACHUSETTS
SHirrEVEC Las
j / - ROBERT P. MUSH
, HrS PLAN SOTO;
..---- ...A,"A.A.,., DOS FIND OSINLRShIS Ao0 THE yrni-0 OF S SS Arr0 WAYS YHOWS o ir ra _Jo . 0
s - ES TANI(SOLO ANL so()NE• LINES I OR DIVISION OF FX/SONG
FOSSERS CI HERITAGE SURVEYS INC.
rIlli Or
HOW OFECE Om I
S X.THAMI'OH NASSAU/usury
Erre „r A) A S ' c,�.� sc o.c 7562-'90 ISU 52? J900 r a r ,c , .),
i ai 1..