HomeMy WebLinkAboutMiscellaneous - 498 CHICKERING ROAD 4/30/2018 498 CHICKERING ROAD
210/071.0-0026-0000.0
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Groundwater
& Environmental Services, Inc.
364 Littleton Road Suite 4 . Westford, MA 01886 • (978)392-0090 • FAX(978)392-8583
May 31,2002
North Andover Board of Health
27 Charles Street
North Andover,MA 01845
re: Phase V Inspection&Monitoring Report
November 2001 through April 2002
Mobil Station No. 11776(Formerly 01-420)
498 Chickering Road
North Andover,Massachusetts
Site Number 3-34-54
Dear Sir/Madam:
In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000, on May 31, 2002,
Groundwater&Environmental Services, Inc. (GES) on behalf of Mobil Business Resources Corporation
(Mobil), has submitted a Phase V Inspection & Monitoring Report for the above referenced site to the
Massachusetts Department of Environmental Protection (MADEP). The above referenced Phase V
report covers the period of November 2001 through April 2002, and is available for public review at the
MADEP Northeast Regional Office Building in Wilmington,Massachusetts.
If you have any questions regarding thisletter,please contact the undersigned at(978)392-0090.
Sincerely,
GR WATER&ENVIRONMENTAL SERVICES,INC.
Peter C. Smith
Project Manager
Brian A. Emery,LSP
Senior Project Manager
cc: Mobil File
MADEP NERO
1
"An Equal Opportunity Employer"
com
One Cambridge Place,50 Hampshire Street
Cambridge,Massachusetts 02139 NOVv I ��
tel: 617 452-6000
fax: 617 452-8000 -
October 30,2002
Ms. Sandra Starr
Director
North Andover Board of Health
27 Charles Street
North Andover,MA 01845
Subject: Phase II Comprehensive Site Assessment
Mobil Service Station 11639 (formerly 01-389)
12 Massachusetts Avenue
North Andover,Massachusetts
RTN 3-3246
Dear Ms.Starr:
This letter will serve as notice as required by 310 CMR 40.1403 that a Phase II Comprehensive
Site Assessment Report for the above referenced site was submitted to the Massachusetts
Department of Environmental Protection(MADEP) on September 9,2002.
For information regarding obtaining a copy of the Phase II Report,please contact Erika Lund
at Camp Dresser &McKee Inc.,One Cambridge Place,50 Hampshire Street,Cambridge,
Massachusetts 02139. If you have any questions,please contact the undersigned at(617)452-
6273.
Very truly yours,
d�.-LIQ
Erika L. Lund
Site Manager
Camp Dresser &McKee Inc.
cc: K. Molloy,CDM
J. Welch,CDM
File
\\Camsvr03\prv\ExxonMobil\No.AndoverlettersThase CSA.doc
consulting•engineering•construction•operations
Groundwater
, A & Environmental Services, Inc.
364 Littleton Road•Suite 4•Westford, MA 01886•(978)392-0090• FAX(978)392-8583
July 17, 2002 CERTIFIED LETTER NO. 70011140000353335844
Ms. Sandra Starr
North Andover Board of Health
27 Charles Street
North Andover,MA 01845
Subject: Phase V Monitoring Report
January through June 2002
j" Mobil Station No. 11689(Formerly 01-PT 1)
350 Winthrop Street
North Andover, MA 01845
MADEP Site No. 3-3169
Dear Ms. Starr:
In accordance with the Massachusetts Contingency Plan (MCP) 310 CMR 40.0000,
Groundwater& Environmental Services, Inc. (GES) has submitted a Phase V Monitoring
Report for Mobil Service Station Number 11689 (Formerly 01-PT1), on behalf of Mobil
Business Resources Corporation(Mobil).
Therurpnotify ose of this letter is to you that the aforementioned Phase V is located at
fY
the Massachusetts Department of Environmental Protection (MADEP) Northeast Region
and is available for public viewing.
If you have any questions regarding this letter, please contact the undersigned at
(978) 392-0090.
Sincerely,
GROUNDWATER &ENVIRONMENTAL SERVICES, INC.
'Peter H. Andromalos Stefan C. Sokol, LSP
Project Manager Senior Project Manager
GES/R0017
QL7101 Groundwater
& Environmental Services, Inc.
364 Littleton Road•Suite 4•Westford, Massachusetts 01886•(978)392-0090•Fax(978)392-8583
August 8, 2008 Certified Mail No. 7006 2760 0004 73261771
Mr. Gerald Brown, Zoning Enforcement Officer
Town of North Andover Zoning Board of Appeals Department
1600 Osgood Street
Building 20; Suite 2-36
North Andover, Massachusetts 01845
Dear Mr. Brown:
The purpose of this letter is to inform you that an Activity and Use Limitation (AUL), a
copy of which is enclosed, will be filed at the Massachusetts Department of
Environmental Protection(MADEP). The AUL affects the entire property located at 498
Chickering Road in North Andover, Massachusetts. It identifies certain activities and
uses which are inconsistent with maintaining a condition of No Significant Risk at the
subject property. Such activities and uses are so identified in order to prevent exposures
to residually impacted soil located on the subject property. The AUL identifies those
activities and uses which are consistent with maintaining a condition of No Significant
Risk and those obligations and conditions necessary to ensure that a condition of No
Significant Risk continues to exist at the property for the foreseeable future.
A Notice of an Activity and Use Limitation legal notice, a copy of which is enclosed, will
be published in the Lan+-rence Eagle Tribune during the week of August 11, 2008. This
public notification is being provided pursuant to the Massachusetts Contingency Plan,
310 CMR 40.1090 and 310 CMR 40. 1403(7)(a). If you have any questions, please
contact the undersigned at (800) 221-6119.
Sincerely,
GROUNDWATER AND ENVIRONMENTAL SERVICES, INC.
David Martin Steven D. Charron, LSP
Associate Geologist Senior Project Manager
Cc: MADEP Northeast Regional office
Attachments: Activity and Use Limitation (MADEP Forni 1075)
' 1 Notice of an Activity and Use Limitation
� AUG
BOARD OF APPEALS
Environmental Solutions and Liability Management
NOTICE OF AN ACTIVITY AND USE LIMITATION
Former Mobil Station No. 11776(formerly 01-420)
498 Chickering Road,North Andover,MA 01845
MADEP Site No. 3-3454
MADEP RTN's 3-26053 and 3-26327
Pursuant to the Massachusetts Contingency Plan (MCP) 310 CMR 40.1074, a NOTICE OF
ACTIVITY AND USE LIMITATION (AUL) for the above disposal site has been recorded and/or
registered with the Essex North Registry of Deeds on July 23,2008.
Permitted activities and uses include those consistent with the current commercial and/or
industrial uses of the property in accordance with local zoning ordinances, routine maintenance
and construction activities,and activities and uses that are consistent with maintaining a condition
of No Significant Risk.
The NOTICE OF ACTIVITY AND USE LIMITATION will limit the following activities and uses
on the above property:
1. Any development of the property within the area of the AUL for residential, educational,
institutional or agricultural purposes that would result in the likely exposures associated
with these activities and uses including dermal contact, ingestion and inhalation; and
2. Excavation, stockpiling and off-site disposal of soil without Licensed Site Professional
(LSP) supervision, and if appropriate, without a valid Soil Management and/or
Groundwater Management Plan.
The following obligations and conditions are set forth in the NOTICE OF ACTIVITY AND USE
LIMITATION:
(i) Soil from the AUL area that is excavated at a future date and not backfilled and/or soil
that is proposed for removal from the property must be managed under the direction of a
LSP in accordance with applicable MCP and federal requirements under a site-specific
Soil Management and/or Groundwater Management Plan, Health & Safety Plan, and in
accordance with local by-laws; and
(ii) No other obligations or conditions for use are required as long as the property is not
developed for residential,educational, institutional or agricultural use.
Any person interested in obtaining additional information or reviewing the NOTICE OF ACTIVITY
AND USE LIMITATION and the disposal site file may contact Ms. Regan O'Brien of ExxonMobil
Environmental Services Company, PO Box 18, 80 Boston Road, Groton, Massachusetts 01450,
(978)272-1048.
BNS 11260 Ps29 ' 4-19498
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c.21E, § 6 and 310 CMR 40.0000
Disposal Site Name: Former Mobil Service Station No. 01-420, 498 Chickering Road, North Andover,
Massachusetts
DEP Release Tracking No.(s): 3-3454,3-26053 and 3-26327
fd
This Notice of Activity and Use Limitation("Notice")is made as of this�day of July,
2008 by Chestnut Realty Development,LLC.,231 Sutton Street,Suite 1-B,North Andover,Massachusetts
01845,together with their successors and assigns(collectively"Owner").
WITNESSETH:
WHEREAS, Chestnut Realty Development, LLC. is the owner in fee simple of that certain
parcel of land located in North Andover,Essex County,Massachusetts,with the buildings and improvements
thereon,pursuant to a deed recorded with the Essex County North Registry of Deeds in Book 10567,Page 58;
WHEREAS, said parcel(s) 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 Essex County North Registry of Deeds as Plan
No. 15707.
WHEREAS,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 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
AUL-498 Chickering Road Page 1 of 5
North Andover,Massachusetts
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. The basis for such restrictions is set forth in an Activity and Use
Limitation Opinion("AUL Opinion"),dated April 3,2008(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 ofNo
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 Property:
(i) Commercial and/or industrial uses of the Property and activities consistent therewith which.do
not involve the development of the property for residential, educational, institutional or
agricultural purposes;
(ii) Routine maintenance and construction activities;
(iii) Activities and uses which are not identified in the Opinion of a Licensed Site Professional(LSP)
as being inconsistent with maintaining a condition of No Significant Risk;
(iv) 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 than the activities and uses set forth in
this Paragraph; and
(v) Such other activities and uses as permitted by local Zoning Ordinances with the exception of uses
not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL.
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 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) Any development of the Property for residential, educational, institutional or agricultural
purposes that would result in the likely exposures to site soil associated with these activities and
uses including dermal contact, ingestion and inhalation; and
(ii) Excavation,stockpiling and off-site disposal of soil without LSP supervision,and if appropriate,
without a valid Soil Management Plan and/or Groundwater Management Plan.
AUL-498 Chickering Road Page 2 of 5
North Andover,Massachusetts
3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable,obligations and/or conditions to
be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in
the AUL Opinion shall include the following:
(i) Soil from the AUL area that is excavated at a future date and not backfilled,and/or is proposed for
removal from the property, must be managed under the direction of an LSP in accordance with
applicable state and federal requirements under a site-specific Soil Management Plan and/or
Groundwater Management Plan,Health& Safety Plan, and in accordance with local by-laws.
(ii) No other obligations or conditions for use are required as long as the property is not developed for
residential, educational, institutional or agricultural use.
4. Proposed Changes 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 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 by an LSP in accordance with 310 CMR 40.1080
et seq.,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. 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(ies) of Deeds and/or Land Registration Office(s).
AUL-498 Chickering Road Page 3 of 5
North Andover,Massachusetts
Ilk
WITNESS the execution hereof under seal this day of ,2008.
Louis Minicuc i Jr.
Chestnut Real Develop ,LLC
Manager
COMMONWEALTH OF MASSACHUSETTS
tEstY ss Allirl 19 2009
On this day of April,2008,before me,the undersigned notary public,personally appeared
Louis Minicucci Jr.,proved to me through satisfactory evidence of identification,which were
AA W UC/,44,e- , 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 for Chestnut Realty Development,LLC, a corporation)
(official signature and seal of notary)
AV,43trao
AUL-498 Chickering Road Page 4 of 5
North Andover,Massachusetts
i
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 Notice of Activity
and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion.
— e'-� /7
Date: 3 010
OF
Steven D. Charron,LSP p�y��� Ss9cyG
STEVEN !'' ,'
Seal: ° ®. -+V
CHARRON
No. 7303
COMMONWEALTH OF MASSACHUSETTS ', `9
ulos'o;y , ss 3 i9D Y
On this day of April 2008,before me,the undersigned notary public,personally appeared
Steven D. Charron,prove//d to me through satisfactory evidence of identification, which were
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.
r
i
(official signature and seal of notary)
��-SSD ��OSOS
Upon recording, return to:
Steven D. Charron
GES,Inc.
363 Littleton Road, Suite 4
Westford,Massachusetts 01886
AUL-498 Chickering Road Page 5 of 5
North Andover,Massachusetts
EXHIBIT A
METES AND BOUNDS DESCRIPTION OF THE RESTRICTED AREA
SPECIFICALLY SUBJECT TO THE NOTICE OF ACTIVITY AND USE
LIMITATION (AUL)
Being a parcel of land located at 498 Chickering Road, North Andover, Essex County,
Massachusetts,bounded and described as follows:
Starting at a drill hole in a stone bound at the intersection of the easterly side of Allen
Street and the southerly side of Franklin Street, then running N 88°46' 25"E along the
southerly sideline of Franklin Street one hundred eighty and no hundredths feet(180.00)
to the point of beginning at the northwesterly corner of the AUL area, thence;
N 88° 46' 25"E along the southerly sideline of Franklin Street one hundred fifty-eight
and forty-two hundredths feet(158.42')to the northwesterly sideline of Chickering Road,
a/k/a Rte. 125/133, thence;
S 27° 30' 45"W along the northwesterly sideline of Chickering Road two hundred fifty-
one and twelve hundredths feet(251.12')to the northerly sideline of Park Street,thence;
N 7V 33' 19"W along the northerly sideline of Park Street ninety-six and ninety-nine
hundredths feet(96.99') to an angle point, thence;
N 77°26' 05"W along the northerly sideline of Park Street twenty-seven and six
hundredths feet (27.06')to a corner,thence;
N 01° 14' 22"W one hundred thirteen and seventy-nine hundredths feet(113.79') to a
corner,thence;
S 77° 02' 48"E sixty-two and thirty-one hundredths feet(62.31') to a corner, thence;
N 12° 05' 34"E eighty-four and eighty-four hundredths feet (84.84'), the last three
courses all by land now or formerly of Barry A. and Rosemary Brodette, to the point of
beginning.
Being the entirety of Lot A as shown on a plan entitled, "Notice of Activity and Use
Limitation Plan", dated 2-06-07,revised 2-11-07, prepared for Groundwater and
Environmental Services, Inc. by Hancock Associates, Civil Engineers, Land Surveyors,
Landscape Architects and Environmental Consultants, containing 31,425 square feet,
0.72 acres. Said plan recorded on June 6, 2007 as document#15707.
EXBTBIT B
aosmvc mcg•
QF PAY fiNT
FRANKLIN STREET
so'MVE
IIMMr7�t
>Ilslalao'
LO A
N/F BARRY A. cP 1 los
,42s &
AND ROSEMARY a7z a
BRODETTE
49
yRF
cn A u
L/Ml A n0 PL ED
E RE PROPERTY BOUNDARY
AND AM
LO ACfM AND SUBJECT'TO
USE LIMRATION
PA'Q�S S BOUNDARY
�fFl
DRARED BY:
W.G.S. ACTIVITY AND USE LIMITATION
(N.J.) SKETCH PLAN
CHECKED BY:
FORMER M01111 SERVICE STATION #11776 (01-420)
498 CHICKERING ROAD
R V EWED BYNORTH ANDOVER, MASSACHUSETTS
Nn�•
PLAN MODIFIED FROM ncTt+/nY AND USE UMRATiON NORTH Groundwater&Environmental Services,Inc.
PLAM PREPARED BY HANCOCK ASSOCIATES ON 364 UTTLETON ROAD SUITE 4 WESTFORD, MA 01886
FEBRUARY 11, 2007.
SCALE IN FEET DATE FIGURE
ENTIRE PROPERTY IS SUBJECT TO ACTIVTIY AND USE
ii
UMTTA'RON. 0 50 4-11-07
EXHIBIT C
Activity and Use Limitation Opinion
Former Mobil Station No. 11776 (formerly 01-420)
498 Chickering Road
North Andover, Massachusetts
MADEP Site No. 3-3454
MADEP RTNs 3-26053 and 3-26327
In accordance with the requirements of the Massachusetts Contingency Plan (MCP) 310 CMR
40.1074, this Activity and Use Limitation (AUL) Opinion has been prepared by Groundwater &
Environmental Services, Inc. (GES) for the parcel of land located at 498 Chickering Road in
North Andover, Essex County, Massachusetts and owned by Chestnut Realty Trust.
Site Description
The subject property(site) is located at 498 Chickering Road (Route 125/133)in North Andover,
Massachusetts, at the intersection of Chickering Road and Park Street. A vacant former gasoline
service station building is situated on the western portion of the site, facing Chickering Road.
Prior to station closure, the building housed a cashier's office, restrooms, storage area, and three
automotive service bays. Other developments on the vacant property include a canopy located
between the former service station building and Chickering Road. No known underground
storage tanks (USTs)or associated piping and dispensers are currently located at the site.
Approximately 90% of the property is covered with pavement or developed with the service
station building. The remainder of the property is improved with landscaped areas located along
the perimeter of the site, which are covered with bark mulch and/or grass. Wooded areas are
located along the northern and the western edges of the site.
The site is situated in an area of North Andover with a General Business District zoning
designation. Properties in the area are used for commercial or residential purposes. The North
Andover Middle School is located to the south of the site, approximately 250 feet in a
topographically and hydraulically upgradient direction. No other sensitive land uses such as
nursing homes or daycare facilities are located in the immediate vicinity of the site
(approximately 500 feet).
The site is not located within the boundaries of a Zone II of a public water supply, a potentially
productive aquifer (PPA), an Interim Wellhead Protection Area, or Zone A of a Class A surface
water body. The nearest mapped public water supply to the site is Lake Cochichewick, located
approximately 4,100 feet east and 5,700 feet northeast of the site. The nearest portion of a
Watershed Protection District surrounding Lake Cochichewick is approximately 4,000 feet east
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 1 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
of the site. No known private water supply wells exist in the vicinity of the site. The service
station building, while active, was reportedly serviced by municipal sewer and water.
Surface water bodies were not identified within 500 feet of the site. Similarly, no Areas of
Critical Environmental Concern (ACEC), estimated habitats of rare wetlands wildlife, or
certified vernal pools, as identified by the Natural Heritage Endangered Species Program
(NHESP), are located within 1,000 feet of the site. The nearest mapped surface water bodies are
two unnamed brooks located approximately 750 feet and 1,500 feet east and northeast of the site,
respectively. These brooks flow towards Stevens Pond, which is located approximately 2,200
feet east of the site.
Groundwater at the site is classified as GW-2 and/or GW-3, since the site is not located within a
Current and/or Potential Drinking Water Source Area, the average depth of groundwater is less
than 15 feet below grade, and impacted groundwater on a portion of the site is located within
30 feet of the existing service station building. Soil at the site is classified as S-2 and/or S-3,
since frequency of use by adults and children is high, the intensity of use is low, and the
impacted soil is potentially accessible.
Site History and Summary of Environmental Investigations
The subject property was reportedly owned and operated as a gasoline service station by the
Arsenault family from circa 1932 to 1969. Mobil Oil Corporation (Mobil) became the property
lessee circa 1969 and operated a gasoline service station at the site until August 2004. The
property was purchased by ExxonMobil Oil Corporation (ExxonMobil) circa 2003. The subject
property has been vacant since August 2004.
Environmental assessment and/or remedial activities were initiated at the site in 1986 following
the replacement of gasoline USTs installed in 1971. Three fiberglass-lined steel USTs were
removed from the site and replaced in November 1986. Petroleum-impacted soil was reportedly
encountered within the tank excavation, and the findings were reported to the MADEP in
November 1986. Impacted soil was then reportedly removed from the excavation. Post
excavation soil samples were screened for volatile organic compounds (VOCs), with the
screening results indicating that impacts were limited due to the presence of a clay/silt layer
observed at the edges of the excavation. Based on a March 23, 1987 MADEP Memo, no further
action was deemed necessary by MADEP at the site following completion of tank replacement
activities.
In April 1990, Hydro-Environmental Technologies, Inc. (HETI) completed a 21E Environmental
Site Assessment for the Mobil property. The assessment was initiated due to the above-
mentioned detection of impacted soil during the UST replacement activities in November 1986.
Analytical data collected indicated that petroleum impacts were primarily present in the eastern
side of the dispenser island in the groundwater saturated zone at depths ranging from
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 2 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
approximately four feet to nine feet below ground surface (bgs). This information was reported
to MADEP, and the site was assigned RTN 3-3454. The site was listed as a Location to be
Investigated (LTBI) in January 1991.
During tank-pad well gauging activities conducted by HETI in September 1991, non-aqueous
phase liquid (NAPL) described as "viscous oil" was noted in the waste oil tank pad monitoring
wells. Due to the viscosity of the oil, the probe sensor was unable to obtain an accurate measure
of the product thickness. Subsequently, Service Station Maintenance, Inc. (SSM) of Worcester,
Massachusetts purged and disposed of approximately 375 gallons of groundwater and oil from
the waste oil and gasoline tank-pad wells. NAPL gauging and bailing was reportedly performed
from these two tank-pad monitoring wells until December 1991.
On February 22, 1993, approximately 160 gallons of No. 2 Riel oil were mistakenly pumped into
the former tank-pad monitoring well located north and adjacent to the fill pipe of the fiiel oil
UST. Clean Harbors, Inc. of Braintree, Massachusetts (Clean Harbors) reportedly recovered
approximately 150 gallons of fuel released as a result of the incident. No additional response
actions were reportedly performed since groundwater monitoring was on-going as part of
response actions under RTN 3-3454.
A "Threat of Release" 72-hour notification was made to the MADEP on March 29, 1994 due to
the detection of water in the special grade gasoline UST. The new reporting condition was
assigned RTN 3-10816. Further investigation indicated that one of the Stage II vapor recovery
lines was damaged, which allowed water to come into the line and consequently into the tank.
As further described in the June 1994 Class A RAO associated with RTN 3-10816, it was
determined that despite a crack in the vapor recovery system,no release of gasoline had occurred
and therefore no further response action was necessary.
A Phase II Comprehensive Site Assessment(CSA)was completed by GES for main Site Number
3-3454 in September 1998. In June 1999, GES submitted a Phase III Remedial Action Plan
(RAP) which proposed natural attenuation as the selected preferred remedial alternative to
address petroleum-impacted groundwater. A Class C RAO was submitted to MADEP
concurrently with the Phase III report. Groundwater monitoring and soil vapor screening under
the Class C RAO has been performed at least semi-annually since 1999 and annually since 2001,
respectively. The soil vapor screening results from points installed adjacent to the former service
station building have not indicated the presence of VOCs levels above MADEP action levels
requiring an evaluation of indoor air quality. Post Class C RAO Inspection and Monitoring
Reports have been submitted to MADEP every six months since June 1999.
In June 2006, GES filed a Release Abatement Measure (RAM) Plan with MADEP for the
management of any petroleum-impacted soil encountered during removal of site USTs, piping,
hydraulic lifts and an oil/water separator as part of station divestment activities being conducted
by ExxonMobil. In addition, the RAM Plan proposed the over-excavation of an area of residual
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 3 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
petroleum-impacted soil that had previously been identified around the southern and eastern
perimeters of the dispenser island area.
In July 2006, GES observed a series of source removal and soil excavation activities at the site.
The excavations were performed by CYN Environmental Services (CYN) of Stoughton,
Massachusetts. Equipment and materials removed during the completion of these activities
included: two 10,000-gallon fiberglass gasoline USTs and one 12,000-gallon fiberglass gasoline
UST; four gasoline dispensers and associated product piping; a 550-gallon fiberglass fuel oil
UST; a 550-gallon fiberglass waste oil UST; an oil/water separator and the 200 gallons of
liquid/sludge within; three hydraulic lifts from the former automotive service bay area; and
approximately 900 cubic yards of impacted soil, as determined by photo-ionization detector
(PID)readings and visual/olfactory observations at the time of the RAM activities.
Post-excavation soil analytical results collected from the waste oil UST and oil/water separator
grave identified the presence of select metals in soils at concentrations above RCS-1 Reportable
Concentrations (samples collected from four to eight feet below grade). The metal exceedances
of RCS-1 Reportable Concentrations represented a 120 day reporting condition. A Release
Notification Form (RNF) was submitted to MADEP with the RAM Completion report. MADEP
assigned RTN 3-26327 for this notification.
Also during the excavations, PID readings of greater than 100 parts per-million by volume
(ppmv) were recorded for soil samples collected from within ten feet of the gasoline USTs.
MADEP was notified of the 72-hour reporting condition on July 13, 2006, and RTN 3-26053
was assigned. An IRA Completion was filed for RTN 3-26053 in September 2006. Both RTN
3-26053 (IRA condition) and 3-26327 (metals in soil) have not been linked to the main site
number (3-3454) because of the Class C RAO site status which prohibits the linking of
additional RTNs.
In October 2006, Geosearch, Inc. of Fitchburg, Massachusetts advanced six soil borings at the
Mobil property under GES supervision. Monitoring wells were constructed in five of the borings
to replace monitoring wells destroyed by the construction activities and to assess areas of limited
impact identified during the RAM activities (former fuel oil UST grave, former waste oil UST
grave and former oil/water separator area). GES subsequently collected groundwater 'data from
the site monitoring network to assess post-excavation conditions in support of the closure risk
assessment.
A Method 3 Risk Characterization was performed in the summer of 2007 using analytical data
collected at the site to assess current environmental conditions in support of the pending Class A-
3 RAO. The report concluded that a condition of No Significant Risk has been achieved for
groundwater (including vapor intrusion into indoor air) at the site and through implementation of
an AUL limiting unrestricted land use, a condition of No Significant Risk has also been achieved
for site soils. As such, the use of an AUL is appropriate to achieve and maintain a level of No
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 4 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
Significant Risk for a Class A RAO. The Method 3 Risk Characterization will be submitted to
the MADEP as part of the Class A-3 RAO Statement.
Reason for Activity and Use Limitation
Based on a review of current site conditions and analytical data collected to date, a condition of
No Significant Risk is anticipated to exist for activities and uses consistent with the current
business zoning of the property, and for routine maintenance, underground utility and/or
construction activities. However, residual metal and gasoline-related soil impacts exist at depth
at the site at concentrations that represent a Significant Risk under unrestricted' land use. As
such, an AUL is necessary to limit potential exposures associated with unrestricted use and
development of the property.
Permitted Activities and Uses Consistent with the AUL Opinion
(i) Commercial and/or industrial uses of the property and activities consistent
therewith which do not involve the development of the property for residential,
educational, institutional or agricultural purposes;
(ii) Routine maintenance and construction activities;
(iii) Activities and uses which are not identified in the Opinion of an Licensed Site
Professional (LSP) as being inconsistent with maintaining a condition of No
Significant Risk;
(iv) 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 than the
activities and uses set forth in this section; and
(v) Such other activities and uses as permitted by local Zoning Ordinances with the
exception of uses identified as being Activities and Uses Inconsistent with the
AUL.
Restricted Uses and Activities Inconsistent with the AUL Opinion
(i) Any development of the subject property for residential, educational, institutional
or agricultural purposes that would result in the likely exposures to site soil
associated with these activities and uses including dermal contact, ingestion and
inhalation; and
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 5 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
(ii) Excavation, stockpiling and off-site disposal of soil without LSP supervision, and
if appropriate, without a valid Soil Management and/or Groundwater
Management Plan.
Obligations and Conditions
(i) Soil from the AUL area, if excavated at a future date and not backfilled and/or is
proposed for removal from the property, must be managed under the direction of
an LSP in accordance with applicable state and federal requirements under a site-
specific Soil Management Plan and/or Groundwater Management Plan, Health &
Safety Plan, and in accordance with local by-laws.
(ii) No other obligations or conditions for use are required as long as the property is
not developed or residential, educational or institutional use.
LSP:
Steven D. Charon, #7303
Date. ��/3 lcj,�
GROUNDWATER&ENVIRONMENTAL SERVICES,INC Page 6 of 6
Former Mobil Station No. 11776(Formerly 01-420),North Andover,MA
AUL Opinion
04/03/2008
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC113A
�. ACTIVITY& USE LIMITATION (AUL) OPINION FORM Release Tracking Number
Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) '3454
A. DISPOSAL SITE LOCATION:
1. Disposal Site Name: :FMR MOBIL SERVICE STATION 01-420
2. Street Address: 1498 CHICKERING RD _
3. City/Town: ;NORTH ANDOVER4. ZIP Code: ;01845-0000
B. THIS FORM IS BEING USED TO: (check one)
1. Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074.
2. Provide the LSP Opinion for an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response
Action Outcome Statement,pursuant to 310 CMR 40.1080. Include BWSC113A as an attachment to BWSC113. Section A
and C do not need to be completed.
{ 3. Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4).
4. Provide the LSP Opinion for a Partial Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
t- 40.1083(3).
5. Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR
�—' 40.1083(1)(d).
Ll'. 6. Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071.
7. Provide the LSP Opinion for an Amendment of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1081(3).
E' 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 Environmental Restriction, pursuant to 310 CMR 40.1083(1)(c).
10. Provide the LSP Opinion for a Confirmatory Activity and Use Limitation, pursuant to 310 CMR 40.1085(4).
(Unless otherwise noted above, all sections of this form (BWSC113A) 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 and/or Land Registration Office.)
C. AUL INFORMATION:
1. Is the address of the property subject to AUL different from the disposal site address listed above?
a. No b. Yes If yes,then fill out address section below.
t
2. Street Address:
3. Cit /Town:
Y 1 4. ZIP Code:
Revised:06/27/2003 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Waste Site Cleanup BWSC113A
Release Tracking Number
ACTIVITY& USE LIMITATION (AUL) OPINION FORM
Pursuant to 310 CMR 40.1056& 40.1070-40.1084(Subpart J) - 3454
3 ;
D. LSP SIGNATURE AND STAMP:
I 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 submittal. In my professional opinion and judgment based upon application
of(i)the standard of care in 309 CMR 4.02(1), (ii)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,
> if Section B indicates that a Notice of Activity and Use Limitation 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 40.1074;
> if Section B indicates that an Evaluation of Changes in Land Uses/Activities and/or Site Conditions after a Response Action
Outcome Statement is being submitted,this evaluation was developed in accordance with the applicable provisions of M.G.L.c.
21 E and 310 CMR 40.0000 and(ii)complies with 310 CMR 40.1080;
> if Section B indicates that an Amended Notice of Activity and Use Limitation or Amendment to a Grant of Environmental
Restriction 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 40.1081;
> if Section B indicates that a Termination or a Partial Termination of a Notice of Activity and Use Limitation, or a Release or
Partial Release of a Grant of Environmental Restriction 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 40.1083;
> if Section B indicates that a Grant of Environmental Restriction 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 B indicates that a Confirmatory Activity and Use Limitation 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 40.1085(4);
I 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.
f
1. LSP#: 17303
tHARRON
2. First Name: STEVEN D 3. Last Name:
4. Telephone: ;(800) 221-6119 } 5. Ext.: 6. FAX:
7. Signature: 8. Date: Q
mm/dd/yyyy
9. LSP Stamp:
tyFSS'tc
o
STEVENC�f
0.
i " CHARRON ,
No. 7303 t
Revised:06/27/2003 Page 2 of 2
CERTIFICATE OF ORGANIZATION
OF
CHESTNUT REALTY DEVELOPMENT,LLC
A Massachusetts Limited Liability Company
The undersigned authorized person hereby forms a limited liability company under Massachusetts
General Laws,Chapter 156C,the Massachusetts Limited Liability Company Act,and adopts as the
Certificate of Organization of such limited liability company the following:
1. Name of the limited liability company:
Chestnut Realty Development,LLC
2. Street address of the office of the limited liability company in the Commonwealth at
which its records will be maintained:
231 Sutton Street,Suite 1 B
North Andover,MA 01845
3. General character of the limited liability company's business:
The general character of the business is to acquire, hold, own, develop, construct,
rehabilitate, renovate, improve, maintain, finance, manage, operate, lease, trade, sell,
convey, assign, mortgage and otherwise deal with real estate and other property, and
assets owned or to be acquired, to invest in persons or entities that do any of the
foregoing,and to engage in any and all activities and transactions as may be necessary or
advisable in connection with such business, to the full extent permitted by law. The
Company may engage in any lawful business,trade,purpose or activity permitted by the
Act.
4. Latest date of dissolution of the limited liability company:
The limited liability company is to have no specific date of dissolution.
5. Name and business address of the resident agent for service of process:
Louis P.Minicucci,Jr.
c/o Minco Development Corp.
231 Sutton Street,Suite 1
North Andover,MA 01845
6. Name and business address of the managers:
Thomas D.Laudani
c/o Northpoint Realty Development,LLC
231 Sutton Street,Suite 1B
North Andover,MA 01845
Louis P.Minicucci,Jr.
c/o Minco Development Corp. I
231 Sutton Street,Suite IA
North Andover,MA 01845
{K0284357.1)
i
7. Limitation on liability of managers/Indemnification:
The limited liability company shall indemnify and hold harmless any member or
manager,and any previous member or manager,and may indemnify and hold harmless
any current or former officer or employee,from and against any and all claims and
demands whatsoever,including the payment by the limited liability company of expenses
incurred in defending a civil or criminal action or proceeding in advance of the final
disposition of such action or proceeding,upon receipt of an undertaking by the person
indemnified to repay such payment if he shall be adjudicated to be not entitled to
indemnification under Section 8 of the Massachusetts Limited Liability Company Act,
which undertaking may be accepted without reference to the financial ability of the
person to make repayment. Notwithstanding the foregoing,no indemnification shall be
provided for any person with respect to any matter as to which he shall have been
adjudicated in any proceeding not to have acted in good faith in the reasonable belief that
his action was in the best interest of the limited liability company.
8. Execution of Documents:
I Thomas D.Laudani,Louis P.Minicucci,Jr.and Robert W.Levy,acting singly,are each
authorized to execute any document to be filed with the Secretary of the Commonwealth
of Massachusetts.
9. Execution of Documents Relating to Real Property:
Thomas D.Laudani and Louis P.Minicucci,Jr.,acting singly,are each authorized to
execute,acknowledge,deliver and record any recordable instrument on behalf of the LLC
purporting to affect an interest in real property,whether to be recorded with a registry of
deeds or a district office of the Land Court.
IN WITNESS WHEREOF,the undersigned,being an authorized person for purposes of Section
12 of the Massachusetts Limited Liability Company Act,hereby affirms,under penalties of perjury,that
the facts stated herein are true,this 8'h day of July,2004.
Robert W.Levy,Authorized Person/
(KO284357.1)
Check # Z;� '771 y
The Commonwealth of Massachusetts
Limited Liability Company
(General Laws, Chapter 156C)
ue, /0h
Filed this day of 2004.
FEE
`JUL -8 2004 890523
SECRnARY Op?n COMMOnRUTH
COWRATIONS DIMON
1
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WILLIAM FRANCIS GA
LVIN
J -:SECRETARY OF THE COMMONWEALTH
EC_
4 PA-
Phone
R
aur, 1.1' cuuo
BOARD OF APPEALS
Commercial Property Record Card
PARCEL ID:210/071.0-0026-0000.0 MAP:071.0 BLOCK:0026 LOT:0000.0 PARCEL ADDRESSA98 CHICKERING ROAD. FY:2008
PARCEL INFORMATION Use-Code., 334_'• Sale Price 700;000 Booki 10567 Road Typec T Inspect Date: 66/29/2606
Tax Class T Sale Date 12/28/06 Page 58 Rd Condition P Meas Date: 06/29/2006
Owner: ....
CHESTNUT REALTY DEVELOPMENT, LLC Tot Fin Areas_ 2180 Sale Type P CerUDoc „ Traffic ' M__ Entrance. C
Tot Land Area 0.72 Sale Valid P Water _ Collect Id RRC
Address: -
231 SUTTON STREET Grantor EXXONMOBIL OIL CORPOR _._ Sewer Inspect Reas. R
NORTH ANDOVER MA 01845 Exempt-B/L% / Resid-B/L% / Comm-B/LWO/100 Indust-B/L% / Open Sp-B/L% /
COMMERCIAL SECTIONS/GROUPS LAND INFORMATION
Section: ID: 101 Use-Code:334 NBHD CODE: 31 NBHD CLASS: 1 ZONE: GB
Category Ornd-Fl-Area Story Height Bldg-Ciass Yr-Built ,Eff-Yr-Built Cost.Bldg' Seg Type Code Method Sq-Ft Acres In -YIN Value Classes
0 2360 1.0 C 1970 •1981 —183,900 1 P 334 S 31424 0.720 241,147
Groups: DETACHED STRUCTURE INFORMATION
Id Cd B-FL-A Firs Unt
Stir Unit Mir-A-_ Mir'-2 E-YR-Bit Grade Cond"/aGood PIF/Elk Cost Class
'-
1 334 2160 1 0
CY S 1680 0.00 1986 A A ///88 34,600
TF G 32000 0.00 1986 A A ///88 39,700
AS S 17000 0.00 1981 A A 50///50 18,400 3
LI C 4 0.00 1981 A A ///84 5,200
VALUATION INFORMATION
Current Total: 555,600 Bldg: 314,500 Land: 241,100 MktLnd: 241,100
Prior Total: 555,600 Bldg: 314,500 Land: 241,100 MktLnd: 241,100
SKETCH PHOTO
13
1SCB44
2160 Sq.Ft
9 � l�pil
48
r
20
c
j t
6 498 CHICKERING ROAD
w
Parcel ID:210/071.0-0026-0000.0 as of 8/11/08 Page 1 of 1
r
Bldg. -ZBA Town of North Andover f NORTH ,
Con/Com Health .t�•° �o
Fire Chief Police Chief ice of the Planning Department
Town Clerk DPW/Engineers y Development and Services Division
1600 Osgood Street
R `
North Andover, Massachusetts 01845 �Ss��NuSEt
http://www.townofnortliandover.com.
P (978)688-9535
P (978)688-9542
TO THE LAWRENCE EAGLE TRIBUNE
LEGAL AD
FOR PUBLICATION TUEDAY,NOVEMBER 20,&27,2007.
CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE
TOWN OF NORTH ANDOVER PLANNING BOARD
NOTICE OF PUBLIC HEARING,TUESDAY,DECEMBER 4,2007 @ 7:00 PM.
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11,the North Andover Planning
Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for Site Plan Review Special Permit under section 8.3
of the North Andover Zoning Bylaw. Applicant seeks to remove
existing structures of gas station&automobile service station and
build a new one-story retail building approximately 5,042 s.f with
29 parking spaces within G-B zoning district.
Applicant/Petitioner: Park Street Redevelopment, LLC
231 Sutton Street,North Andover,MA 01845
Owner: Chestnut Realty Development,LLC
498 Chickering Road,North Andover,MA 01845
Address of Premises Affected 498 dickering Road,North Andover,MA 01845
Assessors Map and Lot: Map 71,Lot 26
Public Hearing Date&Time Tuesday,December 4,2007 @ 7:00 PM.
Location of Public Hearing 120 Main Street,North Andover,MA, 2nd floor conference room.
All interested persons may appear and be heard. Persons needing special accommodations and / or
those interested in viewing the application materials should contact the North Andover Planning
Department at(978)688-9535.
Richard Nardella, Chair
North Andover Planning Board
NUV 2 ,7 au/
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
BOARD OF APPEALS
J=