32A-272F 19 King Street PlanningBk: 09669 Pg: 170
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Form 1075
CONFIRMATORY NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L, c. 21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Property behind Calvin Theater
DEP Release Tracking No.: 1-10539
This Confirmatory Notice of Activity and Use Limitation is made as of this 23rd day
of December , 2008, by Northampton Investments II, LLC of 47 Jackson Street, Holyoke,
Hampden County, Massachusetts, together with its successors and assigns (collectively "Owner").
WITNESSETH:
WHEREAS, Northampton Investments II, LLC of Holyoke, Hampden County,
Massachusetts is the owner in fee simple of that certain parcels of land known as 19 King Street,
Northampton, Hampshire County, Massachusetts with the buildings and improvements thereon,
pursuant to a deed recorded with the Hampshire County Registry of Deeds in Book 5530 Page
211;
WHEREAS, said parcels of land, which is more particularly bounded and described
in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of
Activity and Use Limitation. The Property is shown on a plan recorded in the Hampshire
County Registry of Deeds in Plan Book 5, Page 34;
WHEREAS, a portion of the Property ("Portion of the Property") is subject to this
Notice of Activity and Use Limitation. The Portion of the Property is more particularly bounded
and described in Exhibit A-1, attached hereto and made a part hereof. The Portion of the
Property is shown on a plan recorded with the Hampshire County Registry of Deeds in Plan
Book 0189, Page 0064, and on a sketch plan attached hereto and filed herewith for registration;
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_ ~?
Form 1075
WHEREAS, the Portion of the Property comprises part of a disposal site as the
result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the
relationship of the Portion of the Property subject to this Notice of Activity and Use Limitation
to the boundaries of said disposal site existing within the limits of the Property and to the extent,
such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and
WHEREAS, one or more response actions have been selected for Portion of the
Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21E") and the Massachusetts
Contingency Plan; 310 CMR 40.0000 ("MCP"). Said response actions axe 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 Portion of the
Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion
("AUL Opinion"), dated December 23, 2008, which is attached hereto as Exhibit C and made a
part hereof;
NOW, THEREFORE, notice is hereby given that the activity and use limitations set
forth in said AUL Opinion are as follows:
1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a
condition of No Significant Risk to health, safety, public welfare or the environment exists for
any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following
activities and uses occur on the Portion of the Property:
i.) Commercial and/or industrial activities and uses including, but not limited to, non-
vegetable gardening, landscaping and routine maintenance of landscaped areas within the
designed AUL area, which do not cause and/or result in direct contact with, disturbance
of, and/or relocation of, the petroleum contaminated soil currently located at depths
greater than four feet below grade;
ii.) Excavation at depths greater than four feet below grade associated with short term (92
days or less) subsurface utility and/or construction work which maybe deemed necessary
within the designated AUL area, provided that it is conducted in accordance with a Soil
Management Plan approved by an LSP prior to the initiation of such activities;
iii.) Long term (greater than 92 days) subsurface activities and/or construction at depths
greater than four feet below grade including, but not limited to, excavation within the
designated AUL area which may disturb petroleum-contaminated soil currently located at
depths greater than four feet below surface grade, provided that such activities are
conducted in accordance with a Health and Safety Plan and a Soil Management Plan
approved by an LSP and implemented prior to the initiation of such activities;
iv.) Activities and uses which are not prohibited by this Notice of AUL; and
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. -a
Form 1075
v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater
risk of harm to health, safety, public welfare, or the environment than the activities and
uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are
incpnsistent 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, axe as follows:
i) Use of the Property as a residence, school fox children, or a child day-care facility;
ii) Use as a high intensity recreation area, such as playing field or playground;
iii) Extraction of groundwater for any purpose other than construction (or other) dewatering
conducted in accordance with a Groundwater Management Plan approved by a Licensed
Site Professional (LSP) prior to initiation of dewatering;
iv) Agricultural use for the growing of food for consumption by humans or by livestock
intended for human consumption; and
v) Any subsurface activity including, but not limited to, excavation which may result in direct
contact with, disturbance, or relocation of the petroleum-contaminated soil located
greater than four feet below surface grade within the designated AUL area, which is not
conducted in accordance with Sections 1 and 3 of this AUL Opinion.
3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or
conditions to be undertaken and/or maintained at the Portion of the Property to maintain a
condition of No Significant Risk as set forth in the AUL Opinion shall include the following:
i) A Soil Management Plan must be approved by an LSP and implemented prior to the
initiation of any subsurface activity which may disturb petroleum-contaminated soil
located greater than four feet below surface grade within the designated AUL area;
ii) A Health and Safety Plan must be approved by an LSP and implemented prior to the
initiation of any long term (greater than 92 days) subsurface activity which may result in
disturbance ofpetroleum-contaminated soil located at depths greater than four feet below
surface grade within the designated AUL area. The Health and Safety Plan must be
prepared in accordance with requirements set forth in 310 CMR 40.0018;
iii) The petroleum-contaminated soil located greater than four feet below grade within the
designated AUL area may not be relocated to a shallower depth within the designated
AUL area, unless such activity is first appropriately evaluated by an LSP who renders an
Opinion which attests that such activity poses no greater risk of harm to health, safety,
public welfare, or the environment and is consistent with the provisions of the MCP; and
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6 . ~ .
corm 1075
iv) A Groundwater Management Plan must be approved by an LSP and implemented prior
to extraction of groundwater for construction (or other) dewatering.
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 ,reg., 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 ,req., 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 .req., 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
Confirmatory Notice, said Confirmatory Notice to become effective when executed under seal by
the undersigned LSP, and recorded and/or registered with the appropriate Registry of Deeds
and/or Land Registration Office.
This Confirmatory Notice of Activity and Use Limitation is given to correct inadvertent error(s)
made in the Notice of Activity and Use Limitation dated May 5, 2005, and recorded with the
Registry of Deeds in Book, 8300 Fage 227, said errors(s) being the following:
Demonstration of signatory authority was not attached to the previous Notice of Activity
and Use Limitation.
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Form 1075
In all other respects the terms of the Notice of Activity and Use Limitation remain unchanged.
' WITNESS the execution hereof under seal this 23rd day of December, 2008.
-~
Northampton Investments II, LLC
By: Eric Suher, Its Manager
COMMONWEALTH OF MASSACHUSETTS
UAP(~`U' , ss
December 23, 2008
On this 23rd day of December, 2008, before me, the undersigned notary public,
personally appeared Eric Suher, provided to me through satisfactory evidence of identification,
which was D(U UEYZS (..tGE.fi!(~' , to be the pexson 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 fox Northampton Investments II, LLC, a corporation)
Notary Public:
My Commission Expires:
HEIDI L. GAUTHIER, Notary Public
Commonwealth of Massachusetts
My Commission Expires Dec. 19, 2014
Form 1 5
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The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation
Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this
Confirmatory Notice of Activity and Use Limitation is consistent with the terms set forth in said
Activity and Use Limitation Opinion.
Date' 12~~3/d2DO~
OF'
KEVIN
J.
4'REILLY
i~o. 9908
~ v
Kevin J. O'R ~ y
COMMONWEALTH OF MASSACHUSETTS
{-~.,4i'blP~,, ss
December 23, 2008
On this 23rd day of December, 2008, before me, the undersigned notary public,
personally. appeared Kevin J. O'Reilly, provided to me through satisfactory evidence of
identification, which was y2-.r_ 5onall~ ~CY10(.U~1, 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 Licensed Site Professional)
Notary Public:
My Commission Expires: HEIDI L. GAUTNIER, Notary Public
Commonwealth of Massachusetts
My Commission Expires Dec.19, 2014
Upon recording, return to:
Northampton Investments II, LLC
47 Jackson Street
Holyoke, MA 01040
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EXHIBIT A
19 KING STREET, NORTHAMPTON, MASSACHUSETTS
A certain parcel of land situated in Northampton, Hampshire County,
Massachusetts, shown and described on a Plan of Land entitled "Map of the Roberts
Place, King Street, Northampton, Massachusetts ---=May 29, 1920 --- "recorded in
Hampshire County Registry of Deeds Plan Book 5, Page 34, also described as Parcel
32A-272 on a Plan of Land entitled "Plan of Land in Northampton, Massachusetts
Prepared for Northampton Investments II, LLC", dated May 28, 1999, prepared by
Almer Huntley, Jr. & Associates, Inc., and recorded in the Hampshire County
Registry of Deeds at Book of Plans 0189, page 0064, bound and described as follows:
BEGINNING at the intersection of King Street and Merrick Lane at an iron pin at
the most westerly corner of the premises to be described and
THENCE northeasterly along Merrick Lane for a distance of 186.06 feet to a
corner on the right of way in the rear,
THENCE turning to the right and running southerly with an interior angle
81°57' for a distance of 80.00 feet along the right ofway to a corner
of Bank Avenue,
THENCE turning and mm~;ng south of west with an interior angle 98°48' along
Bank Avenue for a distance of 125.40 feet to an iron pin on said Bank
Avenue,
THENCE in the same general direction extending with an interior angle of
182°04' for a distance of 172.50 feet to a corner of land now or
formerly of Michael J, and William J. Parnell,
THENCE turning left and running for a distance of 40.00 feet along land now or
formerly of Michael J. and William J. Parnell,
THENCE continuing in the same straight line a distance of 3.87 feet to King
Street,
THENCE turning to the right and running west of north along King Street to the
point of beginning, which point of beginning is distant from the last
before mentioned boundary line 53.9 feet as measured on the building
line shown on a Plan recorded in Hampshire County Registry if Deeds
Plan Book 5, Page 34.
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EXHIBIT A-1
THE PORTION OF THE PROPERTY
Certain land situated in Northampton, Hampshire County, Massachusetts, more
particularly described as "A.U.L. Area No.l" on a plan entitled "Plan of Land in
Northampton, Massachusetts Prepared for Northampton Investments II, LLC", dated
May 28, 1999, prepared by Almer Huntley, Jr. & Associates, Inc. and recorded in the
Hampshire County Registry of Deeds at Book of Plans 0189, Page 0064 containing
approximately 1,180 square feet, bound and described as follows:
BEGINNING at a point located 20.03 feet S38°47'46"E of a point along the
southerly side of Merrick Lane at the northwesterly corner of land
identified as 32A-272 now or formerly of Chamisa Corporation,
THENCE S38°47'46"E for a distance of 52.18 feet to a point,
THENCE S42°3S'3S"W for a distance of 22.43 feet to a point,
THENCE northwesterly along the northeast wall of the existing building for a
distance of 53.8 feet more or less to a point,
THENCE N41°10' 18"E for a distance of 22.86 feet to the said point of
beginning.
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EXHIBIT B
MERRICK LANE •Tv///
DISPOSAL SITE BOUNDARY/
AREA SUBJECT TO RAO
i
-~~~ -1iI_-1~~---1I1-~I~-
CALVIN ~ III I I II-L I I I '
THEATER III-I I I~.~1'r ~ I
-~'~'~' II-III-T
AUL AREA #2
AUL AREA -III ~. I I, T I i I-III=
I I i~~~ii~~~~I 1=~ ~ I=1 I I-
OAS LINE
BANK AVENUE FdiAiERdLUST
FlRiHLLYS
BLOdC
LEGEND:
- - - PROPERTY LINE
-~-~-~~~~~~ ESTIMATED LIMITS Cf SOIL EXCEEDING S-1 SOlL STANDARDS
'~ SCALE
1"=30'
0 15' 30' 60'
O 1PEII.LY, T~ILBOT & OxUN C A LV I N
AssOClAT~s; INC. THEATER SITE S K E TC H
NORTHAMPTON, MASSACHUSETTS DATE: MAY 2005
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EXHIBIT C
ACTIVITY AND USE LIMITATION OPINION
RELEASE TRACKING N0.1-10539
19 King Street
Northampton, Massachusetts
This exhibit provides the Activity and Use Limitation (AUL) opinion in support of the above
referenced release pursuant to 310 CMR 40.1074(1)(b). The referenced section requires that the
opinion specify:
1. Why the notice of AUL is appropriate to achieve and/or maintain a level of No
Significant Risk;
2. Site activities to be permitted;
3. Site activities to be prohibited and/or limited; and
4. Obligations and conditions to maintain a level of no significant risk.
These four items are addressed below. It should be noted that the AUL opinion is provided for
the area described on Exhibits A-1 in the Notice of Activity and Use Limitation to which this
opinion is attached.
1. Achievement and Maintenance of No Significant Risk
This AUL opinion addresses the achievement and maintenance of a condition of No Significant
Risk for the area described in Exhibit A-1. Soil and groundwater in this area have been subject
to a release of petroleum hydrocarbons from a former underground storage tank that was
removed in 1994 attd from suspected historic petroleum product spills associated with a former
garage operation. Petroleum hydrocarbons and associated hydrocarbons have been detected in
site soil and groundwater. Immediate Response Actions (IRA) were undertaken and included
excavation and off-site rerycling of contaminated soil. Post remediatian testing indicated that
groundwater meets current risk-based standards for groundwater for current site use.
Contaminated soil is locally present within the described area below a depth of four feet below
current surface grade. Soil concentrations meet risk based standards for current use exposure
assumptions. These assumptions are that the site will remain in use as commercial or industrial
property, such that there will be a low frequenry and low intensity of children's use of the
property, and that no high intensity uses with the potential to disturb the affected soil will occur.
Unacceptable high intensity uses would involve activities where uncontrolled digging would
occur. Given the depth below grade of impacted soil and the assumed to be continued current
commercial or industrial use of the site, future high intensity uses, or uses involving exposures
of children are unlikely to occur. However, since petroleum hydrocarbon concentrations in soils
below a depth of four feet within the AUL area locally exceed Massachusetts Department of
Environmental Protection (MADEP) risk based standards far unrestricted residential use; the
Massachusetts Contingency Plan (MCP) requires that the Site risk assessment be supported with
an AUL.
Potential exposures to soils are through dermal contact, ingestion of total petroleum
hydrocarbons (TPH) contaminated soils in the event of exposure and/or excavation of soils in
Page 1
Bk: 09669 Pg: 180
the AUL area. Because the soils are below existing grade, potential exposures can be limited
through application and maintenance of an AUL that restricts excavation or disturbance of this
material.
2. Permitted Activities and Uses Consistent with the AUL Opinion. The AUL Opinion pro-
vides that a condition of No Significant Risk to health, safety, public welfare or the environment
exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the
following activities and uses occur on the Portion of the Property:
i.) Commercial and/or industrial activities and uses including, but not limited to, non-
vegetable gardening, landscaping and routine maintenance of landscaped areas within
the designed AUL area, which do not cause and/or result in direct contact with,
disturbance of, and/or relocation of, the petroleum contaminated soil currently located
at depths greater than four feet below grade;
ii.) Excavation at depths greater than four feet below grade associated with short term (92
days or less) subsurface utility and/or construction work which may be deemed
necessary within the designated AUL area, provided that it is conducted in accordance
with a Soil Management Plan approved . by an LSP prior to the initiation of such
activities;
iii.) Long term (greater than 92 days) subsurface activities and/or construction at depths
greater than four feet below grade including, but not limited to, excavation within the
designated AUL area which may disturb petroleum-contaminated soil currently located
at depths greater than four feet below surface grade, provided that such activities are
conducted in accordance with a Health and Safety Plan and a Soil Management Plan
approved by an LSP and implemented prior to the initiation of such activities;
iv.) Activities and uses which are not prohibited by this Notice of AUL; and
v.) Such other activities and uses which, in the Opinion of an LSP, shall present no greater
risk of harm to health, safety, public welfare, or the environment than the activities and
uses set forth in this paragraph.
3. Prohibited/Limited 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 fol-
lows:
i) Use of the Property as a residence, school for children, or a child day-care facility;
ii) Use as a high intensity recreation area, such as playing field or playground;
iii) Extraction of groundwater for any purpose other than construction (or other)
dewatering conducted in accordance with a Groundwater Management Plan
approved by a Licensed Site Professional (LSP) prior to initiation of dewatering;
Page 2
Bk: 09669 Pg: 181
iv) Agricultural use for the growing of food fox consumption by humans ox by
livestock intended for human consumption; and
v) Any subsurface activity including, but not limited to, excavation which may result in
direct contact with, disturbance, or relocation of the petroleum-contaminated soil
located greater than four feet below surface grade within the designated AUL area,
which is not conducted in accordance with Sections 2 and 3 of this AUL Opinion.
4. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or
conditions to be undertaken and/or maintained at the Portion of the Property to maintain a
condition of No Significant Risk as set forth in the AUL Opinion shall include the following.
i) A Soil Management Plan must be approved by an LSP and implemented prior to
the initiation of any subsurface activity which may disturb petroleum-contaminated
soil located greater than four feet below surface grade within the designated AUL
area;
ii) A Health and Safety Plan must be approved by an LSP and implemented prior to
the initiation of any long term (greater than 92 days) subsurface activity which may
result in human contact with or disturbance ofpetroleum-contaminated soil located
at depths greater than four feet below surface grade within the designated AUL
area. The Health and Safety Plan must be prepared in accordance with
requirements set forth in 310 CMR 40.0018;
iii) The petroleum-contaminated soil located greater than four feet below grade within
the designated AUL area may not be relocated to a shallower depth within the
designated AUL area, unless such activity is first appropriately evaluated by an LSP
who renders an Opinion which attests that such activity poses no greater risk of
harm to health, safety, public welfare, or the environment and is consistent with the
provisions of the MCP; and
iv) A Groundwater Management Plan must be approved by an LSP and implemented
prior to extraction of groundwater for construction (or other) dewatering.
I attest that I have personally examined and am familiar with the information on which this LSP
opinion is based and, in my professional judgment, this ,AUL opinion complies with the
requirements for said opinions established under 310 CMR 40.1074„( _
Signature: ~J
Typed Name: Kevin J. OReilly
~N OF MqS~
KEYIN GN~
J. m
O'R~ILLY
nv. ~ivv0
Seal: <~ ~~
~~~ ~/ST .~~~
Date: December 23, 2008 License Number~~ 9908
Page 3
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,.
Massachusetts Department of Environmental Protection
.Bureau of Waste Slfe Cleanup BWSC113A
ACTIVITY & U3E LIMITATION (AUL) OPINION FORM Release7racking Number
Pursuant to 310 CMR 40.1056 & 40.1070 - 40.1084 (Subpart J) 1^ - 10539
A. DiSpOSALSRELOCA'f10N:
1, Disposal Slte Name;
2. Street Address: 21 - 31 Main Street
3. Citylfown: Northampton a. ZIP Code: 01060-0000
B. THIS FORItt N^ BEING USED TO: (check one)
^ 1. Provide the LSP Opinion for a Notke of Activlly and Use Limitation, pursuant to 310 CMR 40.1074.
2. Provide the LSP Op(nlon for an Evaluation of Changes inland UseslActivitles andlor Slte Conditions after a Rosponse
[] Action Outcome Statement, pursuant to 310 CMR 40.1060. Include BWSC1 i3A as an attachment to BWSC113. Section A
and C do not need to be completed.
3. Provide the LSP Opinion for anAmended Notice ofActlvity and Use Limitation, pursuant{o 310 CMR 40.1081(4).
4. Provide the LSP Opinion for a Isartial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
40.1083(3).
^ 5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Umitatlon, pursuant to 310 CMR
40.1083(i)(d).
^ 6, Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 3.10 CMR 40.1071.
^ 7. Provide the L5P Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3).
^ 8. Provide the LSP Opinion for a Partial Release of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1083(2).
^ 9. Provide the LSP Opinion for a Release of a Grant of Environments! Restriction, pursuant to 310 GMR 40.1083(1){c).
10. Provide the LSP Opinion for a Conflnnatory Activity and Use Lim[tatlon, pursuant to 310 CMR 40.1085(4).
(Unless otherwise noted above, all sections of this form (IBWSC113A) must be completely filled out, printed,
stamped, signed with black ink and attached as an exhibit to the AUL Document to be recorded and/or
registered with the Registry of Deeds a»d/or Land Registratlo» Office.)
C. AUL INFORMATION:
1. Is the address of the property subject to AUL different from the disposal site address ilsted above?
^ a. No ®b. Yes If yes, then fill out address section below.
19 King Street
2. Street Address;
3. CityiTown; NOrthamptOn 4, zIP Code: 01060-0000
rcevisea: Vb/Z//ZVU3
Page 1 of 2
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~. ..»
Massachusetts Departtnenf of Environmental Protection
Bureau of Wasfe Site Cleanup
ACTIVITY & USE LIMITATION (AUL) OF~INION FORM
Pursuant to 310 CMR40.t056& 40.1070-40.1084 (Subpart J)
LSP SIGNATURE AND STAMP;
13WSC113A
Release Tracking Number
1~ - 10539
attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,
including any and all documents accompanying this submittai. In my professional opinion and Judgment based upon application
of (I) the standard of care in 309 CMR 4.02(1), (ll) the applicable provisions of 309 CMR 4.02(2) and (3), and 309 CMR4.03(2), and
(iii) the provisions of 309 CMR 4.03(3), to the best of my knowledge, Information and belief,
> !f Section 8 indicates that p Notice ofActlvrty and Use Limitation is tieing registered and/or recorded, the Activity and Use
Limitation that fs the subject of this submittai (i) is being provided In accordance with the applicable provisions of M.G,L. c. 21 E
and 310 CMR 40.0000 and (ii) complies with 310 CMR 40,1074;
> ff Section 8 indicates that an Evaluation of Changes In Land Uses/Acfivltfgs and/orS/te Cond/tlons aftera Response Actio»
Qutcome Statement is being submitted, this evaluationiyas'developed In acc9rdj~nc. a V~ith the applicable provisions of M.G.L. c.
21 E and 310 CMR 40.0000 and (il) complies with 310 CMR `40.1080; '
> if Section B indicates that an Amended Notce ofAct/vlty and Ilse L!mltaUo» orAmendm9nt to a Grant of Fnvlranmental
Restriction is being registered and/ar recorded, the Activity and Use Limitation, that is the subject of this submittal (i) is being
provided in accordance with the applicable provisiohs of M:G.L. c: 2~'l"arid 31"OjCMR 4b.0000 and (li) complies with 4D.1081;
> If Section 8 indicates that a Te»ninatlon or a Partial Termination ofa Notice ofAcfivity and Use LImlfat/on, ore Relsase ar
Partial Release of a Grant of Enviro»menta/ RestNct/on is being registered and/or recorded, the Activity and Use Umltation that
is the subject of this submittal (i) is being provided in accordance with the a ppllcable provisions of M.G,L, c. 21 E and 310 CMR
40.0000 and (ti) complies with 310 CMR 40.1083;
> if Section 8 Indicates that a Grant of Environmental Restrktfon is being registered and/or recorded, the Activity and Use
Limitation that is the subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E
and 310 CMR 40.0000 and (ii) complies with 310 CMR 40.1071;
> if Section 8 indicates that a Cont7rmatoryActlvlty and Use LImltatlon is being registered and/orrecorded, the Activity and Use
Limitation that is the Subject of this submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E
and 310 CMR 40,0000 and (ii) compiles with 310 CMR 40.1085(4);
1 am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if i submit
information which I know to be false, Inaccurate or materially incomplete.
1. LsP #: 9908
First Name: iC2V111 J. 3. Last Name:
Telephone: (413) 788-6222
5. Fact.: 6. FAX: (413) 788-8$80
. Signature: 8, Date:
LSP Stamp:
Revised: 06127/2003
mm/ddtyyyy
Page 2 of 2
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EnvironmentalSafetyHealthGeotechnical
1
O'Reilly, Talbot & Okun +- -- 293 Bridge Street
A S S O C I A T E S] ~ Suite 500
Springf(eld, MA 01103
Tel 413 788 6222
Fax 413 788 8830
J0281-01-07 www.oto-env.com
January 2, 2009
Office of the Mayor
210. Main Street, Room 12.
Northampton, Massachusetts. 01060
Attention:. Mayor Mary Clare-Higgins
Re:. Notice. of Activity and Use. Limitation, 21 to. 31. Main Street
Confirmatory Notice of Activity and Use Limitation, 19. King Street
Northampton, Massachusetts
Release Tracking No. 1-10539.
Dear Mayor Clare-Higgins:.
Attached are complete copies of a Notice of Activity and Use Limitation for 21 to. 31 Main
Street, and a Confirmatory Notice of Activity and Use Limitation for 19 King. Street,
Northampton. These documents are being provided to you in accordance. with
Massachusetts Department of Environmental Protection regulation 310. CMR 40.1403(7)(a).
As. shown on the Registry of Deeds. document identification bar codes. at the top. of the first
page of each document, the Notice of Activity and Use. Limitation for 21 to 31. Main Street
is recorded in the Hampshire County Registry of Deeds at Book 8300 Page 206, and the
Confirmatory Notice of Activity and Use Limitation for 19 King Street is recorded in the.
Hampshire County Registry of Deeds at Book 9669 Page 170.
If you have any questions in this matter, please contact our office.
Very. ttilly yours,
O'Reilly, Talbot & Okun
~.
Edward J. We;
Senior Project
Attachments: Notice of Activity and Use Limitation, 21 to 31 Main Street
Confirmatory Notice of Activity and Use Limitation, 19 King Street
c: MassDEP
Health Department
Anthony Patillo-Building Code Enforcement
Wayne Fieden-Planning Official
Eric Suher