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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 O ..V �� \•\ \ ••\ /' 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..