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Home My WebLink About261 Chauncy St. (CVS) - 8/1999-11/1999Transportation Land Development Environmental Services a imagination I mnovattonenergy Denting results for our dimits and benefits for our comnumities November 1,1999 Tlnt2acsP�yi_r,US&H, Inc Ref: 70739 Mr. William Madan, Chairman Board of Selectmen Town of Mansfield 6 Park Row Mansfield, MA 02048 Re: Notice of Activity and Use Limitation and Availability of Response Action Outcome Statement 261 Chauncy Street Mansfield, MA 02048 DEP Release Tracking No. 4-14150 I97171=5 t�5F.T•FMI Vanasse Hangen Brustlin, Inc. (VHB) submitted a Response Action Outcome Submittal package to the Massachusetts Department of Environmental Protection (DEP), on behalf of Mammoth Acquisition Company, LLC and Mansfield CVS, Inc. for the referenced site. A Notice of Activity and Use Limitation (AUL) was recorded with the Bristol County Northern District Registry of Deeds on October 25,1999. A certified copy of the recorded AUL is attached for your records. The AUL is intended to restrict direct contact with ash fill contaminated soil re- used as fill beneath three (3) feet of clean soil at two (2) locations on the Site. A Method 3 Risk Characterization, prepared for the Site, concluded that there were no unacceptable health risks posed by residual soil contamination left in -place at these areas on the Site, provided that the ALL is in -place. The Response Action Outcome Statement is available for review and copying at the following location: Massachusetts DEP - Bureau of Waste Site Cleanup Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 This letter is intended to fulfill the Response Action Outcome Statement and Notice of Activity and Use Limitation public notification requirements, pursuant to the Massachusetts Contingency Plan J310 CMR 40.1403(3)(0 and (7)(a)). \ \KIRK\ EC\DOW NEY\III\70739AUL2AM.tif 101 Walnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 617.924.1770 . FAX 617.924.2286 email: info@vhb.com www.vhb.com Mr. William Madan, Chairman Project No.: 70739 November 1,1999 Page 2 If you have any questions, please contact either Alan Hanscom or me at (617) 924-1770. Very truly yours, VANASSE HANGEN BRUSTLIN, INC. IA��-- Jo F. Peckham, P.E. P ject Manager I Enclosures cc: Jeffrey Coffman, Mgr., Mammoth Acquisition Company, LLC Susan A. Bernstein, Esq. Sheldon M. Drucker, Esq. Susan P. Phillips, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo PC Joan White, Esq., CVS Scott Leite, Mansfield Board of Health Burt Cook, Mansfield Building Department Shaun Burke, Mansfield Planning Board DEP-Lakeville Patrick O'Leary, VHB Alan Hanscom, VHB H in \\KIRK\EE\OOWNEY\RI\7073970739AULR W.fi fotif tit- 8528 PG 70 Transportation Land Development Environmental Services a imagination I innovation (energy Creating results for our clients and benefits for our communities VanaS4P HangE Rrus Tire, Tuc_ EXHIBIT C October 19, 1999 Ref: 70739 Department of Environmental Protection Bureau of Waste Site Cleanup Southeast Region 20 Riverside Drive Lakeville, Massachusetts 02347 7e: Activity and Use Limitation Opinion _ Property Located at 261 Chauncy Street (Route 106) Mansfield, Massachusetts 02048 DEP Release Tracking Number 4-14150 To Whom It May Concern: Vanasse Hangen Brusthn, Inc. (VHB) has prepared this Activity and Use Limitation (AUL) Opinion for the referenced Massachusetts Department of Environmental Protection (DEP) disposal site on behalf of Mammoth Acquisition Company, LLC and Mansfield CVS, Inc. This AUL Opinion supports a Notice of Activity and Use Limitation, implemented in accordance with 310 CMR 40.1074. In accordance with the requirements of 310 CMR 40,1074, this Licensed Site Professional Opinion has been prepared to support a Notice of AUL for the property located at 261 Chauncy Street, Mansfield, Massachusetts (the "Property"). The subject 1.06 acre property is zoned for commercial use and is currently being developed into a retail store with a parking area. Site History In May 1998, concentrations of lead, polycyclic aromatic hydrocarbons (PAHs), petroleum hydrocarbons and the pesticide aldrin were detected above Massachusetts Contingency Plan (MCP) reportable concentrations in ash fill material buried on -site. The ash fill material consists of ash, cobbles, brick, asphalt shingles, bottles and metal debris. According to the reporting requirements of the MCP, the property owner notified the Massachusetts DEP Bureau of Waste Site Cleanup of the exceedances on August 18, 1998. The notification triggered an investigation to confirm the exceedances and to help MCP determine the extent of the ash fill material at the Site. The contaminated ash fill material was found to be located at approximately 3 to 5 feet or more below grade, throughout the Property identified on Exhibit B. Groundwater has not been significantly impacted. 101 Walnut Street DEP RTN 4-14150 Post Office Box 9151 Kirk\adnnn\ee\downey Exhibit C Watertown, Massachusetts 02471-9151 617.924.1770 . FAX 617.924.2286 Ri\70739\AUL1075.doc email: info@vhb.com www.vhb.com DEPBWSC Project No. 70739 October 19, 1999 Page No. 2 Reason for Activity and Use Limitation Based on a Method 3 Risk Characterization, the Property poses No Significant Risk for activities and uses consistent with its current commercial use. However, a risk of exposure was identified for a future construction worker via dermal contact with contaminated soil remaining on -site. The Risk Characterization also assumed that future use of the Property as a residence or school would not occur. In order to maintain a Condition of No Significant Risk, an Activity and Use Limitation (AUL) is necessary to "lock in" the assumptions and restrictions of the Risk Characterization regarding future site activities and uses. The stated assumptions and limitations of the Method 3 Risk Characterization become the obligations and conditions of the AUL. Permitted SitelActivities and Uses Any activities and uses consistent with commercial and/or industrial uses of the Property are permitted, provided that they do not involve the disturbance of the ash fill material located approximately 3 to 7 feet below grade at the AOL Area. Any invasive activities which may disturb ash fill material at the AUL Area must be conducted in accordance with a Health and Safety Plan and a Soil Management Plan developed and implemented prior to the initiation of such activities. Prohibited or Restricted Site Activities and Uses Any activities, such as excavation, which may disturb the ash fill material located approximately 3 to 7 feet below grade without the prior development and implementation of a Health and Safety Plan and a Soil Management Plan in accordance with the obligations set forth below. Use of the AUL Area as a residence, school, day care facility and/or recreation area is also prohibited. Use of the AUL Area for agricultural purposes, including fruit and vegetable gardening is also prohibited. On -site reuse of excavated ash fill material within 3 feet of ground surface on the Property is prohibited. Obligations and Conditions Set Forth in the AUL Opinion i. Retail, business, office, industrial and/or commercial use of the AUL Area must be maintained; ii. A Soil Management Plan must be developed by a Licensed Site Professional prior to the initiation of any subsurface excavation that may disturb ash fill material located approximately 3 to 7 feet below grade at the AUL Area. Soils excavated from the AOL Area, which require off -site disposition must be characterized and managed according to applicable regulations, including the Massachusetts Contingency Plan; iii. A Health and Safety Plan must be prepared and implemented prior to the initiation of any subsurface and/or construction activities, such as excavation which may disturb ash fill material located at approximately 3 to 7 feet below grade at the AUL Area. The Health and Safety Plan must be prepared by a Certified Industrial Hygienist or other qualified individual sufficiently trained in worker health and safety protocols. Workers who may come into contact with the ash fill material at the Property must be informed of its location and the specific personal protection and monitoring requirements of the Health and Safety Plan and Soil Management Plan necessary to prevent exposures via dermal contact, ingestion, and/or inhalation of particulates. Both plans must remain available on -site throughout the course of the construction project. DEP RTN 4-14150 Kuk\ad6n\ee\downey Exhibit C Ri\70739\AUL 1075.doc BK 8'S:-'_8 PG 72 DEPBWSC Project No. 70739 October 19, 1999 Page No. 3 In my opinion, based upon thorough review of the available information, a Class A-3 Response Action Outcome (RAO) has been achieved through the implementation of this Activity and Use Limitation. Mammoth Acquisition Company, LLC and Mansfield CVS, Inc. recognize that the Class A-3 RAO achieves a Permanent Solution under the MCP that requires an AUL to maintain a Condition of No Significant Risk. Since contaminated ash fill material is present at two (2) locations on the Property, a Class A-1 RAO was not economically feasible. An AUL is required for a portion of the Property to restrict future site uses and/or activities that could result in inadvertent exposure to contaminated media and potentially pose an unacceptable level of risk. The RAO and MCP Method 3 (40.0990) Risk Characterization used to support the RAO are based upon the restriction or limitation of site activities and uses maintain a Condition of No Significant Risk. Please contact the undersigned with any questions related to this AUL Opinion or the attached Documents. Very Truly Your$, I VANASSE HANGEN BRUSTLIN, INC. / z�(iGo!- Alan D. Hanscom, P.E., LSP Director of Environmental Engineering Enclosures cc: Jeffrey Coffman, Mgr., Mammoth Acquisition Company, LLC Susan A. Bernstein, Esq. Sheldon M. Drucker, Esq. Susan P. Phillips, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo PC Joan White, Esq., CVS Patrick O'Leary, VHB Brian Murphy, VHB John Peckham, VHB Tim Downey, VHB DEP RTN 4-14150 Kirk\adnnn\ee\downy Exhibit C RA70739\AULI075.doc Transportation Land Development . . Environmental Services • imagination innovation energy Grating results Ln'our iirnts and benefits for our communities September 10, 1999 _Tonal&&- -jaiigelL-Bj-tistI•C11-IJ2c.__ Ref: 70739 John D'Agostino Town Manager 6 Park Row Mansfield, Massachusetts 02045 Re: Public Notification of Tier Classification and Availability of Phase I Report Property 261 Chauncy Street, Mansfield MA IDEP Release Tracking Number 4-14150 Dear Mr. D'Agostino; Vanasse Hangen Brustlin, Inc. (VHB) has submitted a Phase I Initial Site Investigation/Tier Classification Submittal package to the Massachusetts Department of Environmental Protection (DEP) on behalf of Mammoth Acquisitions Company, LLC. The Tier II Classification will be advertised in a legal notice to be published in the September 14th edition of the Sun Chronicle. Attached is a copy of the legal notice for your records. The Phase I Initial Site Investigation/Tier Classification for the site are available for review and copying at the following location: Massachusetts DEP - Bureau of Waste Site Cleanup Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 This letter is intended to fulfill the Tier Classification and Phase I Report public notification requirements pursuant to the Massachusetts Contingency Plan {310 CMR 40.1403(3)(e) and (6)(a&b)). If you have any questions, please contact me at (617) 924-1770. Very truly yours, VANASSE HANGEN BRUSTLIN, INC. n J Alan D. Hanscom Director of Environmental Engineering cc: Scott Leite, Board of Health DEP — SERO Jeffrey Coffman, Mammoth Acquisition Company, LLC Enclosure 101 Walnut Street Post Office Box 9151 Watertown, Massachusetts 02471-9151 sKtRtc\aamLn\ce\oowiieysat\y0n9\r.bhcrvmimht.aoc 617.924.1770 . FAX 617.924.2286 email: info@vhb.com www.vhb.com 15 Atrupcopy 1-3i 2; /99 02."3 t 63999 S31M (prC-r ir'n ffl 0 Form 1075 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c.21E, §6 and 310 CMR 40.0000 Disposal Site Name: DEP Release Tracking Number: Property Located at 261 Chauncy Street (Route 106) Mansfield, Massachusetts 02048 4-14150 J% This Notice of Activity and Use Limitation ('Notice") is made as of this day of October, 1999, by Mansfield CVS, Inc., located at One CVS Drive in Woonsocket, Rhode Island 02895, together with its successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Mansfield CVS, Inc. of Woonsocket, Providence County, Rhode Island.is the owner in fee simple of that certain parcel of land located in Mansfield, Bristol County, Massachusetts, with the buildings and improvements thereon ("Property"); WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("the Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in Bristol County Northern District Registry of Deeds in Plan Book 281, Page 28 as Plan No. 915 of 1988 and shown as Lot B; WHEREAS, a portion of the Property ("AUL Area") is more specifically subject to this Notice of Activity and Use Limitation. The AUL Area is more particularly bounded and described in Exhibit A-1, attached hereto and made a part hereof. The AUL Area is shown on a plan to be recorded herewith; WHEREAS, the AUL Area 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 AUL Area subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site (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/or (b) the restriction of certain activities occurring in, on, through, over or under the AUL Area. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion") dated October 19, 1999, which is attached hereto as Exhibit C and made a part hereof; DEP RTN 4-14150 Kirk\admit\ee\downy Ri\70739W UL 1075.doe Form 1075: Continued NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Permitted Activities and Uses Set Forth in 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 AUL Area: 1.1 Use for all retail, business, office, industrial and/or commercial purposes, including associated accessory uses and parking areas with landscaping. For purposes of this document, landscaping will be permitted in the AUL Area where a minimum of three (3) feet of Olean soil exists, or where, in the opinion of a Licensed Site Professional ("LSP"), the soil has been adequately characterized to demonstrate that contaminant concentrations do not exceed direct contact soil standards detailed in the MCP. In such areas, the landscaping must not result in the disturbance of ash fill material located aRproximately 3 to 7 feet below grade; 1 1.2 Activities and uses which are not prohibited by the AUL; 1.3 Subsurface excavation or invasive activities, including maintenance and repair of utilities, for which, in the opinion of an LSP, appropriate provisions are undertaken for the protection of health, safety, public welfare and/or the environment. All subsurface activities, including construction and utility repair and maintenance shall be conducted by OSHA -trained personnel, under a site -specific Health and Safety Plan. The Health and Safety Plan shall include measures to be employed to minimize dermal contact with soil and to minimize ingestion and inhalation of soil; and 1.4 Such otheractivities 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. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of the Activity and Use Limitation, and which, if implemented at the AUL Area, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: 2.1 Use of the AUL Area as a residence, school, day care facility, and/or recreation area; 2.2 Agricultural purposes, including fruit and vegetable gardening; 2.3 Any activities, such as excavation, which may disturb the ash fill material without the prior development and implementation of a Health and Safety Plan and a Soil Management Plan in accordance with the obligations of the AUL and the guidelines provided within the AUL Opinion attached hereto as Exhibit C to this AUL; and 2.4 On -site reuse of excavated ash fill material within 3 feet of ground surface on the Property. DEP RTN 4-14150 Kirk\admin\ee\downey Ri\AUL1075.doc FtK 8428 PG 60 Form 1075: Continued 3• Obligations and Conditions Set Forth in the AOL 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: 3.1 The AUL Area described on Exhibit A-1, attached hereto and made a part hereof, must be maintained as retail, business, office, industrial and/or commercial use; and 3.2 A Health and Safety Plan and a Soil Management Plan must be developed and implemented prior to the initiation of activities which may disturb ash fill material located approximately 3 to 7 feet below grade at the AUL Area. The Health and Safety Plan and'Soil Management Plan must be developed and implemented in accordance with the guidelines provided by the AUL Opinion, attached hereto as Exhibit C to this Notice of AUL. 4. Pro osed Chan es in Activities and Uses. Any proposed changes in activities and uses at the ALL Area, which ay 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 onuse 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 AUL Area 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 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 of Deeds and/or Land Registration Office. DEP RTN 4-14150 Kirk\adniln\ee\downey Rita UL107S.doc BK 13528 PC- 61 Form 1075: Continued WITNESS the execution hereof under seal this &-,? / a Tday of October, 1999. OWNER: Mansfield CVS, Inc. A�'V/DGnlce County, §§ OF��1oaG ySGFi October cv 1999 Then personally appeared the above named iPJ3ci G . /FftlXiand acknowledged th^oregoing to be h's/her free act and deed of said corporation before me, Notary Public: is/ �Y PA Rhode oo ode Island My Commission Expires: My Comrnisslon Expires: 9-15-01 The undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion, attached hereto as Exhibit A§mad�e part hereof, and that in his Opinion [his Notice of Activity and Use Limitatio�i he terms set forth in said Activity and Use Limitation Opinion. �,p\, October L? AL4N U !e'(- p.HANSCOM AlanD.HanscomMassachusetts LSP No. 9844 � o . COMMONWEALTH OF MASSACHUSETTS /rylast I ��o' County§§ October22; 1999 Then personally appeared the above named Alan D. Hanscom and acknowledged the foregoing to be his free act and deed before me, otary Public: NIy Commission Expires: 1/2n %L oo / Upon recording, return to: Vanasse Hangen Brustlin, Inc. Attention: John F. Peckham, P.E. 101 Walnut Street Watertown, MA 02471 RETURN To DEP RTN 4-14150 4 Kirk\admin\ee\downey Ri\70739\AUL 1075.doc Exhibit A Property Legal Description DEP RTN 4-14150 Kirk\admin\ee\downey Ri\70739\AUL 1075.doc BM RS28 PG 63 i�-x w B 1--r ..A `t Description For Assessor's Map 21 Los 16t And 200, Mansfield, Ma. That Certain Parcel Of Land As Shown As Lot B On That Plan Entitled "Chauncy Place Definitive Subdivision Plan Of Land In N(ansfield, N(assachusetts Prepared For And Owned By Chauncy Realty Trust, Edward Marcheselti,Tnistee 16 Dassance Drive Foxborough, Ma.02033" By Dunn Engineering Co., Inc. Professional Civil Engineers ,1 , Surveyors,Bristol r0tr01035; Scale I"40Dated February 1138Plan No. Recorded At The County Northern District Registry Of Deeds At Plan Book 281 Page 28; And Modified By That Other Plan Entitled "Lot Line Adjustment And Consolidation Plan Osco Drug Store No. 18-362 Giles Place Copeland Drive do Chauncy Street Mansfield, Ma. Prepared For American Stores Properties, Inc.348 East South Temple, oSalt Lake City, Utah 64l l l" By Tf Moran, Inc. Survey- Engineering -Lind Planning-Soils/Wetlands Ma in- Landscape RedordedirAt The BnstollCouBntyfNorthe n District Registry Of Deedscale: V=40' Dated At tc�mb Be 1 3994 �Ftge 65.16392.00; Beginning At A Point 10 The Northerly Line Of Chauncy Street (Mass. Route 106,19SI Layout No. 6467), At The Southwesterly corner 9,f Land Now Or Formerly' Of Jetco Properties, Inc., Said Point Also Being The Ndost Southeasterly Corner Of The Herein Described Parcel. Thence: Along The Northerly Line Of Said Chauncy Street N74°51'16"1V One Hundred Eighty Five And '83/100 Feet (IS5:83') To A Non -Tangent Curve In The Easterly Line Of Giles Place. Thence: Along The Arc Of Said Curve, Curving To The Right, Having A RadiU; Of Forty Four And 50/100 Feet (44.50'), An Internal Angle Of 5243' 19", A Chord Distance Of Thirty Nine And 62/ 100 Feet (39.52') Bearing N 13"36'2l"W, An Arc Distance Of Forty And 95/ 100 Feet (40.95') To A Point Of Tangency. Thence: Along The Easterly Line Of Said Giles Place N 12"45' 18"ETv.•enty Eight And 54/100 Feet (25.541To An Angle. Thence: Continuing Along Said Giles Place, N 16"34'17"E One Hundred Thirty Five And 14/ 100 (135.14') To A Point O(Ciuvature. Thence: Along The Arc Of A Curve, Curving To The Right, Having A Radius Of Thirty And 00/100 Feet (30.00), An Internal Angle Of 83045'11", A Chord Distance Of Forty And 07/100 Feet Bearing N58° 28'23"E, An Arc Distance Of Forty Three And SS/ 100 Feet (43.SS') To A Point Of Tangency Thence: Along The Southerly Line Of Giles Place S79°37'32"E One Hundred Forty And 25/100 Feet (140.25') To A Point Of Curvature. Thence: Along The Arc Of A Curve, Curving To The Left, Having A Radius Of Eighty And 00/100 Feet (50.00'), An Internal Angle Of 16"35'14", A Chord Distance Of Twenty Three And O8/100 Feet (23.OS') Bearing 587"55'09"E, An Arc Distance Of Twenty Three And 16/ 100 Feet (23.16') To A Point InThe Southerly Line Of Said Giles Place. Said Point Also Being The Northwesterly Corner Of Land Now Of Formerly Of Jetco Properties, Inc. Thence: Bounded Easterly By Land Now Of Formerly Of Jetco Properties, Inc., S12°00'58"W Two Hundred Forty Four And 63/ 100 Feet (244.63') To The Paint Of Beginning. Containing 45,837 Square Feet (1.05226 Acres) Mote Or Less. tK 8528 PG 64 Exhibit A-1 AUL Area Legal Description DEP RTN 4-14150 Kirk\admin\ee\downy Exhibit A-1 Ri\70739\AU L 1075.doc EXHIBIT A-1 AUL AREA LEGAL DESCRIPTION Two certain Activity and Use Limitation Areas (AUL) located on a parcel of land situated at the northeast intersection of Chauncy Street (Route 106) and Giles Place in the Town of Mansfield, County of Bristol, Commonwealth of Massachusetts, bounded and described as follows: Area A Beginning at a point on the southerly sideline of Giles Place approximately four hundred twelve feet (412') from the northerly sideline of Chauncy Street; thence S 120 06' 58" W a distance of two hundred twenty-one and six hundredths feet (221.06) to a point, by land now or formerly Jetco Properties, Inc,; thence N 740 50' 10'' W a distance of thirty-nine and ninety-three hundredths feet (39.93) to a point; thence N 150 09' 50" E a distance of two hundred fifteen and no hundredths feet (215.00) to a point, the last (2) courses over said lot; thence S 790 37' 32" E a distance of five and seventy-two hundredths feet (5.72') to a point; thence Southeasterly and curving to the left along the arc of a curve having a radius of eighty and no hundredths feet (80.00), a length of twenty-three and sixteen hundredths feet (23.16') to the point of beginning, the last (2) courses by the southerly sideline of Giles Place. The above described area contains 7,413 square feet. Area B Beginning at a point on the easterly sideline of Giles Place approximately one hundred twenty-two feet (122') from the northerly sideline of Chauncy Street; thence N 160 34' 17'' E a distance of eighty-three and no hundredths feet (83.00') to a point; thence Northeasterly and curving to the right along the arc of a curve having a radius of thirty and no hundredths feet (30.00), a length of forty-three and eighty-eight hundredths feet (43.88') to a point; thence S 790 37' 32'' E a distance of fifty-nine and twenty-seven hundredths feet (59.27') to a point, the last (3) courses by the easterly and southerly sideline of Giles Place; thence S 150 09' 50" W a distance of one hundred sixteen and twelve hundredths feet (116.12) to a point; thence N 740 50' 10" W a distance of eighty-eight and fifty-six hundredths feet (88.56') to the point of beginning, the last (2) courses over said lot. The above described area contains 9,660 square feet. Both of the above described AUL Areas are shown on a plan entitled "AUL Site Plan", prepared Vanasse Hangen Brasilia, Inc., dated October 7, 1999 at a scale of 1"=40'. DEP RTN 4-14150 Kirk\admin\ee\downy Exhibit A-1 Ri\70739\A UL 1075.doc s i vv�is PG fj 6 Exhibit B AUL Area Site Plan DEP RTN 4-14150 Kirk\admin\ee\downy Exhibit B Ri\70739\A UL 1075.doc E., 152e PG 67 N0 0.01' c 90' I CONC. or GLLES PLACE 5BOUND 40' 5YiOT") FOUND(PUBUC - E' = 83'48'11" _ R = 30.00" _ - T = 26.92' L = 43.88' C = 40.07' 40' WOE EASEMENT C8=N58'28'23'E REFERRED TO IN DEED 800 3528 PAGES 126 8 128 (EXCEPTIONS 7 k 9) n37 9.27' 3 �- DRAINAGE EASEMENT o3.115t SO. FT.0.071513 ACRES 6NoPLAN BOOK 281 PAGE 28 '110.43�_ _-3'-'- N79'3T32'W 40ER EASEMENTq N834t SQ. FT. '^42113 ACRES inAN BOOK 281PACE 28 AULALK & SEWERENT PLAN AREA "Bf A.M. 281 PAGE 28 9.660 Bq.ft. N/F CHAUN (0.22 Acres) DEED BOOT I DRAINAGE'25'43'EEASEMENT20.00"4002 SQ. FT.0.00918f ACRESS16'34'17"WPLAN BOOK 28120.00, dJ/. aPACE 28LOIS !6l dfQ697t16=63N 74'50'10- W 88.56' [-E �PROPOSElN73-25'43"W20.00' WALK k SEWER A.M"MENT PLAN N/F GERALO281 PAGE 28 DEED BOC 5' SIDEWALK EASEMENT .04701 SQ. RE HIGPLAN BO ACRESPLAN BOOK 281 GEED PAGE 28 N 10.36' _ 175 0 = 52'43'19" R = 44.50' T = 22.05' L = 40.95' (L=40.64'RECORD) C = 39.52' C8=N13'36'21"W C7ALJNC1 SlRiiL'1 MASS. ROUTE 106 1981 LAYOUT NO. 6467 (PUBUC - VARIABLE WIDTH) 20 0 20 SCALE IN FEET BK 8528 PG 68 I0 'x10" DRAMAGE EASEMENT GEED BOOK 1]30 PAGE 608 (EXCEPTION 8) SEE 'LOT A" / PLAN REFERNECE N0, I vim i Vanasse Hanger BrusUin, Inc" NO No i 1. m _-- / mew sue. Pmv]A .y Q12729q Rhode 40/02909 � dO1272 8100 •PAR 4012Td 9694 oN=_ 5.1 SIDEWALK & SEWER EASEMENT PLAN 800K 281 PAGE 28 f 20D ALTY TRUST PACE 160 AUL AREA "A' 7,413 sq.ft. (0.17 Acres) UTAV T 161 10T MILLETTE PAGE 54 NE CREATED NO. 6467 087 PAGE 124 nON 10) EASEMENT —� A = 16'35'14" R = 80.00' T = 11.66' L 23.16' C = 23.08' CB=S87'5509"E A.M. 20 LOT 199 N/F XTCO PROPERTIES. INC. DEED BOOK 6762 PAGE 349 Proposed Pharmacy Chauncy Street at Giles Place Mansfield, MA - WON AUL AREA Site Plan //RI-DATA/PROkOS/70739/CAO/1D/PUNSET/70739AUL.DK ■ Exhibit C Activity and Use Limitation Opinion DEP RTN 4-14150 Kirk\admin\ee\downey Exhibit C Ri\70739WULI075.doc NOTICE OF AN INITIAL SITE INVESTIGATION AND TIER 1I CLASSIFICATION Property 261 Chauncy Street Mansfield, Massachusetts DEP Release Tracking Number 4-14150 Pursuant to the Massachusetts Contingency Plan (310 CNIR 40.0480), an Initial Site Investigation has been performed at the above referenced location. A limited release of oil and/or hazardous materials has occurred at this location which is a disposal site (defined by M.G.L. c. 21E, Section 2). This site has been classified as Tier II, pursuant to 310 CMR 40.0500. Response actions to address the historic release at this site will be conducted by Mammoth Acquisition Company, LLC, who has employed Alan D. Hanson, LSP of Vanasse Hangen Brustlin, Inc. to manage response actions in accordance with the Massachusetts Contingency Plan (310 CMR 40.0000). M.G.L. c. 21E and the Massachusetts Contingency Plan provide additional opportunities for public notice of and involvement in decisions regarding response actions at disposal sites: 1) The Chief Municipal Official and Board of Health of the community in which the site is located will be notified of major milestones and events, pursuant to 310 CMR 40.1403; and 2) Upon receipt of a petition from ten or more residents of the municipality in which the disposal site is located, or of a municipality potentially affected by a disposal site, a plan for involving the public in decisions regarding response actions at the site will be prepared and implemented, pursuant to 310 CMR 40.1405. To obtain more information on this disposal site and the opportunities for public involvement during its remediation, please contact Alan D. Hanscom, Director or Environmental Engineering, Vanasse Hangen Brustlin, Inc.,101 Walnut Street, P.O. Box 9151, Watertown, MA 02471 at (617) 924- 1770. Massachusetts Department of Environmental Protection BWSC-113 Bureau of Waste Site Cleanup ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Release Tracking Number Pursuant to 310 CMR 40.1056 and 40,1070 - 40.1084 (Subpart J) - 14150 A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Property at 261 Chauncy Street Street: 261 Chauncy Street LocationAld: Chauncy Street 5 Giles Place Cityrrown: Mansfield ZIP Code: 02048 Address of property subject to ALL, if different than above. Street: City/Town: ZIP Code: ® ,Check here if this Disposal Site is Tier Classified. If'he Disposal Site subject to the AUL is also subject to a Tier I Permit, provide the Permit Number: Reiated Release Tracking Numbers affected by this AUL: B. THIS FORM IS BEING USED TO: (check :) .r�g Submit a certified copy of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074 (complete all sections of this form). Submit a certified copy of an Ar!hpnded Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4) (complete all sections of this form). ❑ Submit a certified copy of a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Submit a certified copy of a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071, (complete all sections of this form). Submit a certified copy of an Amendment of Environmental Restriction, pursuant to 310 CMR 40.1081(3) (complete all sections of this form). ❑ Submit a certified copy of a Release of Environmental Restriction, pursuant to 310 CMR 40.1083(2) (complete all sections of this form). You must attach all supporting documentation for the use of form indicated, including copies of any Legal Notices and Notices to Public Officials required by 310 CMR 40.1400. C. AUL INFORMATION: Date AUL was recorded and/or registered with Registry of Deeds and/or Land Registration Office: October 25, 1999 Name of Registry of Deeds and/or Land Registration Office where AUL was recorded and/or registered: Bristol County - Northern Dis Book and Page Number and/or Document Number of recorded and/or registered ALL: Document 63999, Book 8528, Page 58 D. PERSON SUBMITTING AUL TRANSMITTAL FORM: Name of Organization: Mansfield CVS Inc Name of Contact: 7- (!5 . G i Title: VIC (3 /�jt?E"Si2he- iyT Street': One CVS Drive City/Tovip: Woonsocket State: RI ZIP Code: 02895 Telephone: (401) 765-1500 Ext.: d16 P/ FAX: (optional) (ye /) -770 -- �26 0 (�i E. OWNER OF PROPERTY, IF NOT PERSON SUBMITTING AUL TRANSMITTAL FORM: Provide a mailing address for the owner of the property if that person is not submitting the AUL Transmittal Forth. Provide addresses for additional owners on an attachment. Name of Organization: Name of Contact: Title: Street: City/Town: State: ZIP Code: Telephone: Ext.: FAX: (optional) rict Revised 5/8/95 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-113 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) TRANSMITTAL FORM Pursuant to 310 CMR 40.1056 and 40,1070 - 40.1084 (Subpart J) a 14150 F. RELATIONSHIP TO DISPOSAL SITE OF PERSON SUBMITTING AUL TRANSMITTAL FORM: (check one) RP or PRP Specify: O Owner O Operator U Generator O Transporter Other RP or PRP: Fiduciary, Secured Lender or Municipality with Exempt Status (as defined by M.G.L. c. 21 E, s. 2) Agency or Public Utility on a Right of Way (as defined by M.G.L. c. 21 E, s. 50)) ® Any Other Person Submitting AUL Specify Relationship: Eligible Person G. CERTIFICATION OF PERSON SUBMITTING ALL TRANSMITTAL FORM: I. T E. /��Uc-T , attest under the pains and penalties of perjury (I) that I have personally examined and am familiar with the information contained in this submittal, including any and all documents accompanying this transmittal form, (il) that, based on my inquiry of those individuals immediately responsible for obtaining the information, the material information contained in this submittal is, to the best of my knowledge and belief, true, accurate and complete, and (III) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. lithe person or entity on whose behalf this submittal is made am/is aware that there are significant penalties, including, but n/ott limited to, possible fines and / Imprisonment, for willfully submitting false, Inaccurate, or incomplete information. By. r_)_,7 7 � / 1U1 / I4 Title: //C C"� //�E.S i Z) T (sighature) 1 11 For: 1P0-9E,e T E . A%% U L 1 Date: (print name of person or entity recorded in Section D) Enter address of person providing certification, if different from address recorded in Section D:.I�H iY/e= i>'J "q -Z3 Street: Cityrrown: State: ZIP Code: Telephone: Ext.: FAX: (optional) YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE, AND YOU MAY INCUR ADDITIONAL COMPLIANCE FEES. 1 Revised 518/95 Do Not Alter This Form Page 2 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup ACTIVITY &USE LIMITATION (AUL) OPINION FORM Release Tracking Number Pursuant to 310 CMR 40.1070 - 40.1084 (Subpart J) K " 14150 COMPLETE THIS FORM AND ATTACH AS AN EXHIBIT TO THE ALL DOCUMENT TO BE RECORDED AND/OR REGISTERED WITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE. A. LOCATION OF DISPOSAL SITE AND PROPERTY SUBJECT TO AUL: Disposal Site Name: Property at 261 Chauncy Street Street: 261 Chauncy Street Location Aid: Chauncy Street & Giles Place City/Town: Mansfield ZIP Code: 02048 Address of property subject to AUL, if different than above. Street: City/Town: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) ® Provide the LSP Opinion for a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1074 (complete all sections of this form). Provide the LSP Opinion for an Amended Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1081(4) (complete all sections of this forth). Provide the LSP Opinion for a Termination of a Notice of Activity and Use Limitation, pursuant to 310 CMR 40.1083(3) (complete all sections of this form). Provide the LSP Opinion for a Grant of Environmental Restriction, pursuant to 310 CMR 40.1071, (complete all sections of this forth). Provide the LSP Opinion for an Amendment of Environmental Restriction, pursuant to 310 CMR 40.1081(3) (complete all sections of this form). Provide the LSP Opinion for a Release of Environmental Restriction, pursuant to 310 CMR 40.1083(2) (complete all sections of this form). C. LSP OPINION: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this submittal, 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 (fi) the provisions of 309 CMR 4.03(5), to the best of my knowledge, information and belief, > if Section B indicates that a Notice of Activity and Use Limitation is being re&fered 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(1)(b); > i/ Section B Indicates that an Amended 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 40.1080(1) and 40.1081(1); > if Secffan B indicates that a Termination of 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 (1) 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(3)(a); > if $ecfion 8 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 (it) complies with 3141CMR 40.1071(1)(b); > if Section B indicates that an Amendment to a Grant of Environmental Restriction is being registered and/or recorded, the Activity and Use Limitation that is the subject of.lhis submittal (i) is being provided in accordance with the applicable provisions of M.G.L. c. 21 E and 310 CMR 40.0000 and (it) complies with 310 CMR 40.1080(1) and 40.1081(1); > if Section 8 indicates that a Release of 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 (f) complies with 310 CMR 40.1083(3)(a). 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. Check here if the Response Action(s) on which this opinion is based, if any, are (were) subject to any order(s), permit(s) and/or approval(s) issued by DEP or EPA. If the box is checked, you MUST attach a statement identifying the applicable provisions thereof. SECTION C IS CONTINUED ON THE NEXT PAGE. Revised 5/8195 Do Not Alter This Form Pagel of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup Release Tracking Number ACTIVITY & USE LIMITATION (AUL) OPINION FORM Pursuant to 310 CMR 40,1070 - 40,1084 (Subpart J) 0 14150 C. LSP OPINION: (continued) LSP Name: Alan D. Hanscom LSP #: 9844 Stamp: H OF MgsS90 Telephone: (617) 924-1770 Ext.: 1195 �� Al AN yN D. FAX: (617) 923-2336 o HANSCOM y No. 9844 LSP Signature: ��d�,� OF 9FG/STEREO o�P Date:. /O��d9 ySF�S11EPR0FE`'�'\ YOU MUST COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. Revised 5/8/95 Do Not Alter This Form Page 1 of 2