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Home My WebLink AboutMiscellaneous - 27 CHARLES STREET 4/30/2018N O O N O O O O O O O D ��. a JANE SWIFT Governor ,7 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS M C N � W � DEPARTMENT OF ENVIRONMENTAL PROTECTION n 1 2001 Metropolitan Boston — Northeast Regional Office N JAIN Charles T. Matses Realty 200 Sutton St. North Andover, Kk 0 1845 Attn: Charles Matses Dear.Mr. Matses: BOARD OF APPEALS SEC 3 12001 Q, Re: North Andover — 27 Charles St. RTN 3-3885 & 3-13071 Response Action Outcome Activity and Use Limitation Interim Deadline RAO SCREENING REVIEW AUL SUMMARY COMPLIANCE REVIEW BOB DURAND Secretary LAUREN A. LISS Commissioner On October 4, 1996, the Department of Environmental Protection (the Department) received a Class A-3 Response Action Outcome (RAO) Statement and on October 1, 1996, the Department received an Activity and Use Limitation (AUL) for the above -referenced site. On August 5, 1998, the Legislature enacted the "Brownfields Act" which called on the Department to conduct a targeted audit of all sites at which. AULs have been implemented in order to ensure that these actions are meeting the requirements of Massachusetts' laws and regulations, including Massachusetts General Law chapter 21E and the Massachusetts Contingency Plan (MCP). The Department's audit of this site consisted of an RAO Screening Review and an AUL Summary. Compliance Review. RESPONSE ACTION OUTCOME (RAO) SCREENING REVIEW A screening review of the RAO was performed using a standard Department checklist. Examples of the Department's checklists are available on the Internet at http://www.state.ma.us/do/bwsc/audits.htm. The Department is not directing you to undertake further response actions at this time. Please note, however, that the review conducted by the Department was not. a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, and may require you to undertake further response actions at the site. This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. 205A Lowell St. Wilmington, MA 01887 - Phone (978) 661-7600 - Fax (978) 661-7615 a TTD# (978) 661-7679 10 Printed on Recycled Paper I -o 7-o e,- North Andover, RTN 3-3885 AUL SUMMARY COMPLIANCE REVIEW Chapter 206 of the Acts of 1998 (The Brownfields Act) requires that the Department conduct an audit of all sites with AULs. In carrying out this mandate, the Department has established special procedures for reviewing AULs recorded on or before October 29, 1999, including the AUL submitted as part of the RAO for your site. Please note that these procedures do not apply to AULs recorded on or after October 3 0, 1999, and this Summary of AUL Compliance Review should not be relied upon to predict audit results for such AULs. Applying the procedures described above, the, Department has identified errors in the AUL that require correction. Specifically: I . The AUL does not adequately define the boundaries of the restricted area. The AUL restricts excavation of the impacted soils, without identifying the location of such soils. It is unclear if the area of impacted soil comprises a portion of the property or the entire property. There is no survey plan of the property or any portion thereof, and there is no metes and bounds description of the portion of the property, if applicable. Furthermore, .there is no sketch plari-io aid in determining the location of the restricted.area. The AUL must be corrected to clearly indicate whether the restrictions apply to the property or a portion thereof, and the restricted area, whether it be a portion or the entire property, must be surveyed by a registered Massachusetts Land Surveyor. The metes and bounds description of the restricted area must be derived from the survey plan. 2. The AUL does not adequately. define what uses and activities are permitted at the site' what uses and. activities are restricted, or what obligations and conditions must be maintained at the site. (a) The AUL refers to the Zoning Ordinances of the Town of North Andover to identify permitted uses. The ALL must identify permitted uses more directly. Referring to zoning ordinances is insufficient for two reasons. First, zoning is subject to change. A change in zoning could result in a change.in the permitted uses within the ALL, which may be inconsistent with the risk characterization. Second, the ALL must be an independent document. An individual reading the AUL may be unaware of local zoning ordinances and should not have to check the town zoning ordinances to know the permitted uses. (b) The AUL requires maintenance of the existing pavement, without delineating the boundaries of the paved areas to be maintained. To assist with compliance of the obligations of the AUL, the sketch plan must delineate areas that must be covered by pavement to maintain a condition of No Significant Risk. The language describing the obligation to maintain the pavement must refer to an attached sketch plan for delineation of these areas (i.e. maintain the pavement in the areas identified on the attached sketch plan). To correct these errors, an Amendment and Ratification of Notice of Activity and Use Limitation must be implemented within 180 days of the date of this Notice, using the enclosed form and instructions. The revised sketch plan may be attached as Exhibit C to the Amendment and Ratification Form. Please note that the AUL Opinion must be prepared and attached to the North Andover, RTN 3-3885 3 Amendment and Ratification Form using Form 11 4S. Alternatively, you may submit a new RAO Statement within 180 days of the date of this Notice, documenting the achievement of a Class A-1, A-2, or B-1 RAO at the site (i.e. an RAO that does not rely on an AUL to maintain a level of No Significant Risk). This is an enforceable interim Deadline issued pursuant to M.G.L. c.21E, 310 CMR40.0167 and 310 CMR40.1140. If you do not meet this deadline you will be subject to enforcement action by the Department. The Department has prepared forms and detailed instructions for implementing the required AUL corrections. Copies of the forms and instructions are attached, and are available on the Department's AUL Audit Project web page, ht!p://www.state.ma.us./dgp/bwsc/files/audits/ aulfix.htm. This web page will be updated periodically to address any commonly asked questions that arise as a result of AUL audits. The Department is also offering several training workshops in the next few months. The Department recommends that you (and/or the Licensed Site Professional (LSP)/attorney preparing your ALTL corrections) attend one of these workshops if you have questions on how to proceed. The training schedule is also available on the Department's AUL Audit Project web page. To obtain a schedule. and/or register for the workshops, contact Thomas Potter, DEP's Statewide Audit Coordinator at (617) 292-5628. POST AUDIT COMPLETION STATEMENT REQUIRED When the AUL Errors are corrected, you should submit to the Department (attention: BWSC Audit Section) a Post -Audit Completion Statement in accordance with 3 10 CMR 40.1170, a copy of which is attached. LICENSED SITE PROFESSIONAL The AUL was signed by Bartlett Paulding,w'ho is no longer a practicing LSP. A copy of this .letter has been sent to Thomas Army, LSP # 3050, who signed the RAO Transmittal Form. LIMITATIONS & RESERVATION OF RIGHTS Please note that the screening review conducted by the Department on the RAO was not a comprehensive audit, and the Department reserves the right to conduct a comprehensive audit of the RAO at any time in the future. It is possible that a future comprehensive audit, if one occurs, may identify deficiencies and/or violations of applicable laws and regulations, may require you to undertake ftirther response actions at the site, and may invalidate the AUL. The screening review is not a representation by the Department that the RAO complies with M.G.L. c. 2 1 E, 3 10 CMR 40.0000, or any other laws, regulations, or requirements. The Department's findings were based upon the accuracy and certainty of the information reviewed during the audit. These findings do not: (1) preclude future audits of past, current, or future actions at the site; (2) apply to actions or other aspects of the site that were not reviewed mi the audit; (3) in any way constitute a release from any liability, obligation, action or penalty under M.G.L. c. 21E, 310 CMR 40.0000, or any other laws, regulations, or requirements. The North Andover, RTN 3-3885 4 Department retains authority to take or arrange, or to require any Responsible Party or Potentially Responsible Party to perform any response action authorized by M.G.L. c. 21E, which the Department deems necessary to protect health, safety, public welfare, or the environment. Sincerely, Patricia M. Donahue Chief, Audit Section Bureau of Waste Site Cleanup Filename: N1howes/P:/Letters/scnnof3-3885 ScnoafV6105-31-01] Attachments: Audit Follow -Up Plan Transmittal Form & Post -Audit Completion Statement (BWSC-1 11) AUL Amendment and Ratification Form and Instructions Activity & Use Limitation (AUL) Opinion Form (BWSC-1 14S) cc: United Parcel Service, Mark Schneider, 87 Brick Kiln Rd., Chelmsford, MA 01824 North Andover Board of Selectmen North Andover Board of Health North Andover Zoning Code Enforcement Official North Andover Building Inspector Thomas Army, LSP-o.f-Record (LSP #3050) ENSOL, Inc. 100 Treble Cove Rd., Billerica, Kk 0 1862 Thomas M. Potter, Audit Coordinator, DEP-Boston NERO/Data Entry/RAO/TSAUD