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Home My WebLink About0401 MAIN STREET (CENT.) - Health (2) 401 Main Street Centerville A.= 208' - 124 i No. 4210 1/3 ORA re3ndaflex' 1.0% i Sn ;Ian. 2. 2007 1 : 36PM MASS DEP No, 2906 P. 2/7 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL DEPARTMENT OF ENVIRONMENTAL PROpy SOUTHEAST REGIONAL OFFICE co 20 RrVERSIDE DRM,LAKEVILLE,MA 02347 SO& MITT ROMNEY ROBERT W.6OLLEDGE,Jr. Governor Secretary KERRY Ffh'AT'RY ARLEEN O'DONNELL Lieutenant Governor Commissioner I I December 27,2006 Mary Lotuff RE: BARNSTABLE--BWSC/ASM 69 High Street 401 Main Street-Centerville ►v`�� Bristol,Rhode Island 02809 RTN 4-11672 NOTICE OF AUDIT FINDINGS AND NOTICE OF NONCOMPLIANCE George Zevitas NON-SE-06-3A-052 3291 Main Street P.O. Box 730 Barnstable,Massachusetts 02637 I Dear Ms.Lotuff and Mr.Zevitas: On August 8, 2006, the Massachusetts Department of Environmental Protection ("MassDEP" or"the Department") conducted an audit inspection at the location referenced above. MassDEP's audit of this site consisted of an audit inspection of the area subject to the Activity and Use Limitation (AUL), a technical screening audit of the Response Action Outcome Statement (R.AO), and an AUL technical screening audit. This Notice informs you of the results of MassDEP's audit. 1 AUL AUDIT INSPECTION On September 19, 2003, a Notice of Activity and Use Limitation was recorded for the property. The property is developed with a two and one half story house, garage, landscaped areas and an asphalt driveway. The AUL restricts those site activities that would disturb, petroleum contaminated soils located at 13-24 feet below grade without the prior dev61opmenf and implementation of a Soil Management Plan and Health-and Safety Plan. -N; Kathryn Carvalho of the MassDEP's Southeast Regional Office conducted1the site' `v inspection. Evidence of construction or excavation activities was not observed q PY at the'site. Site- conditions conditions appeared consistent with the terms and conditions of the AUL. MassDEP�did not identify any violations of the requirements of the AUL at the site. A co of the A Field' k Screening Form is attached(Attachment B). ry i f This information is available in alteroato format C&H Donald N.Gomm ADA Coordinator at 617-W&105/.TDD Same-1-SW298-2207. Ma=DEP on the World Wlde Web, httpt//wmy.mas&gov/dap > Pdnted on Recycled Paper Jan. 2. 2007 1 : 36PM MASS DEP No. 2906 P. 3/7 401 Main Street,Centerville Page 2 Notice of Audit Findings R1N 4-11672 i RAO TECHNICAL SCREENING AUDIT i A technical screening audit of the RAO was performed using a standard Department checklist. The Department's checklists are available on the Internet at httn://www.state.ma.us/den/bwsc/files/audits/screen.htm. The technical screening audit is conducted to identify conditions that pose or could pose Imminent Hazards, identify conditions that requite Immediate Response Actions, or recommend the site for targeted comprehensive audit. Based on the technical screening audit of the RAO, the Department is not directing you to undertake further response actions at this time with regard to the RAO. Please note, however, (`( that the review conducted by the Department on the RAO was not a comprehensive audit, and F 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 of the RAO, 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. AUL COMPLIANCE SCREENING AUDIT As a result of the AUL technical screening audit, the Department has determined that response actions were not performed in compliance with the requirements of the Massachusetts Contingency Plan (MCP). The enclosed Notice of Noncompliance (Attachment A) lists the violations and those actions that are required to achieve compliance. Specifically,'the Notice of Audit Findings and Notice of Noncompliance contains: (1) the requirement violated, (2)the date and place that the Department asserts the requirement was violated, (3) either the specific actions which must be taken in order to return to compliance or direction to submit a written proposal to describing how and when you plan to return to compliance and (4) the deadline for taking such actions or submitting such a proposal. LICENSED SITE PROFESSIONAL(LSP) A copy of this notice has been sent to Nathaniel Finsness, LSP # 5156, the current LSP-of- Record for the disposal site. f LIMITATIONS f The Department's findings were based on the certainty of the information reviewed during the audit. These findings do not:(1)apply to actions or other aspects of the site that were not reviewed in the audit, (2)preclude future audits of past, current, or future actions at the site, (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 law, regulation, or requirement, or (4) limit the Department's 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.2 1 E which the Department deems necessary to protect , health, safety,public welfare,or the environment. i i f Jan. 2. 2007 1 : 37PM MASS DEP No, 2906 P. 4/7 401 Main Street,Centerville Page 3 Notice'of Audit Findings RTN 4-11672 If you have any questions regarding this Notice,please contact Kathryn Carvalho at(508) 946- 2742. Please reference the Release Tracking Number,RTN 4-11672 in any future correspondence to MassDEP regarding the site. Sincerely, D- Q��G7-' Deborah A.Marshall,Chief Audit Program M/KC/rr Ongoing auditO6/Level IV4.11672/noaf Attachment A: Notice of Noncompliance B: AUL Field Screening Form CERTIFIED MAIL# 7004 1350 0004 4565 6552 (Mary Lotuff) 70041350 0004 4565 6569(George Zevitas) - I fc: Town of Barnstable Board of Selectmen (508)790-6304 Health Department Building and Zoning Inspection (508) 790-6326 Nathaniel Finsness,LSP (508)679-2205 cc: DEP-SERO Regional Enforcement(2 copies) ATTN: Data Entry, AUDCOM NAFNVD AUL SNAUDI i i r i l 1 i an, 2. 2007 1 : 37PM MASS DEP No, 2906 P. 5/7 401 Main Street,Centerville Page 1 Notice ofNoncompliance ( RTN 4-11672 f ATTACHMENT A NOTICE OF NONCOMPLIANCE NON-SE-06-3A-052 RTN 4-11672 THIS IS AN IMPORTANT LEGAL NOTICE. i FAILURE TO RESPOND COULD RESULT IN SERIOUS LEGAL CONSEQUENCES. NAME OF ENTITY IN NONCOMPLIANCE: Mary Lotuff 69 High Street Bristol,RI 02809 George Zevitas 3291 Main Street P.O.Box 730 Barnstable,MA 02637 p LOCATION WHERE NONCOMPLIANCE OCCURRED OR WAS OBSERVED: 401 Main Street Centerville,Massachusetts DATES WHEN NONCOMPLIANCE OCCURRED OR WAS OBSERVED: September 19, 2003 (date when AUL was recorded) December 29,2003 (date quitclaim deed was recorded) DESCRIPTION OF REQUIREMENT NOT COMPLIED WITH: 310 CMR 40.1074 1 —General Re uirements of an ActiD:V and Use Limitation 2003 MCP The persons signing the Notice of Activity and Use Limitation shall submit a statement certifying that record interest holders were notified of the proposed Notice pursuant to 310 CMR 40.1074(1)(e). MassDEP did not receive proof, as required, that record interest holders were notified of the Notice of AUL. j 310 CMR 40.1074(4)(b)—Filing with the Department(2003 MCP) A Registry copy of the required survey plan(s)referenced in the Notice shall be submitted to the Department within thirty (30) days of recording or registering any Notice of Activity and Use Limitation. MassDEP did not receive registry copies of the survey plans referenced in the Notice of Activity ' and Use Limitation. i fan. 2. 2007 1 : 37PM MASS DEP No. 2906 P. 6/7 401 Main Street,Centerville Page 2 Notice of Noncompliance RTN 4-11672 310 CMR 40.1074(5)—Content of a Notice of Activity and Use Limitation(2003 MCP) Upon transfer of any interest in and/or a right to use the property or a portion thereof that is subject to a Notice of Activity and Use Limitation, the Notice of Activity and Use Limitation 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. On December 29, 2003, George Zevitas sold the 401 Main Street property to Mary M. Lotuff and Frederick A. Lotuff. This sale was recorded in the Barnstable County Registry of Deeds on December 29, 2003. As part of.the terms of the AUL; property owner(s) were to "incorporate (the AUL) either in full or by reference in all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instruments of transfer, whereby an interest in and/or a right j to use the Property or a petition thereof, is conveyed" (Form 1075). The deed recorded on December 29, 2003 does not reference the AUL. The purpose of this reference is to ensure that the AUL appears in the chain of title and the public is notified of its existence. i There is no further action required under 310 CMR 40.0000 in response to this violation. Although the Department is not requiring you to perform additional response actions to address this violation, MassDEP may use this to establish a pattern of noncompliance if future enforcement actions are pursued. ACTIONS TO BE TAKEN AND THE DEADLINES FOR TAKING SUCH ACTIONS: In order to correct the first two violations above, you must submit the following information to the Department within sixty(60) days following receipt of this Notice: 1) A statement certifying that record interest-holders were notified of the proposed Notice of Activity and Use Limitation;and 2) Copies of the survey plan(s)referenced in the Notice of Activity and Use Limitation,bearing the plan book/plan number(s),must be submitted to the Department. I Complete the actions specified above and submit a Post-Audit Completion Statement in F accordance with 310 CMR 40.1170 on the form established by the MassDEP. It should be sent to the attention of Kathryn Carvalho within sixty (60) days following receipt of this Notice. A copy of the Post-Audit Completion Statement form (BWSC111) can be located on the MassDEP's web site at the following address: lap://www.mass. og v/deR wse/files/forms/Ddfforms/bwsc-11 L-D f. I If the required actions are not completed by the deadlines specified, an administrative penalty may be assessed for every day after the date of this Notice that the noncompliance occurs or continues. MassDEP reserves its rights to exercise the full extent of its legal authority in order to obtain full compliance with all applicable requirements, including, but not limited-to, criminal prosecution, civil action including court-imposed civil penalties, or administrative action, including administrative penalties imposed by MassDEP. I i , an. 2. 2007 1 : 37PM MASS DEP - No. 2906 P. 7/7 I MAsSACHUS.eTTS DEPARTMENT OF ENVIRO sNMENTAL PROTECTION RELEASE TRACKING NUMBER ®Southeast Regional Office/Bureau of Waste Site Cleanup i AUL FIELD SCREENING FORM loll Eon SITE INSPECTION Eled ouf by Field 4 Laffl Boundaries of AUL area(s)identifiable? •Yes o No Complete access to all AUL area(s)? •Yes o No Evidence of recent excavation/disturbance? o Yes •No Evidence of recent construction? o Yes •No Rernediation Waste present? o Yes •No Indication of potentially serious site conditions? o Yes •No . Other Notes: Observed Activities and Uses • Rcsidential o Daycare o School o Playground o Commercial o Industrial o Excavation o Construction o Recreation Comments: A residence is located at the property. Evidence of recent construction and/or disturbance at the property was not observed. At the time of l inspection,site uses appeared consistent with the terms and conditions of the AUL. t VIOLATION OBSERVED: •No o Yes o Possible Observed Activities and Uses • Residential o Day Care o School o Playground o Park o Recreation o Construction o Excavation o Disturbance o Gardening: O Fruits/Veggies o Flowers/Landscaping Comments: Evidence of construction and/or disturbance at the property was not f observed. Activities and uses of the property inconsistent with the terms and conditions of the AUL were not occurring at the time of inspection. i I VIOLATION OBSERVED: •No o Yes o Possible Observed Conditions o Pavement o Cap/Cover/Liner o Signs/Notices Comments: I 1 Evidence of construction and/or disturbance at the property was not observed. VIOLATION OBSERVED: • No o Yes o Possible I Additional Commcats/Notes on Reverse Side: • No o Yes j Completed by: Kathryn Carvalho Inspection Date:09/09/06 I i FINsWESS ENVIRONMENTAL ERE'VIE D October 2, 2003 6 2003 ,+r�1STABLE Board of Healthri 7EPT. Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Response Action Outcome Statement&Activity & Use Limitation 401 Main Street Centerville,Massachusetts RTN 4-11672 Dear Sir or Madam: Finsness Environmental has recently completed an environmental investigation on the referenced property in accordance with applicable regulations of the Massachusetts Contingency Plan (310 CMR 40.0000). Due to residual petroleum concentrations on the property below a former fuel oil underground storage tank, an Activity & Use Limitation has been filed for the property to limit future exposure to such soil. A certified copy of the Activity & Use Limitation; registered'with the Barnstable County Registry of Deeds, is attached. A copy of the completed report can be reviewed and/or copied at the Massachusetts Department of Environmental Protection's (MADEP) Southeast Regional Office in Lakeville, Massachusetts. This letter and attachment were submitted to satisfy public notification requirements of the MADEP. Sincerely, FINSNESS ENVIRONMENTAL INat L. Finsness Licensed Site Professional(#5156) cc: Barnstable Town Manager's Office Barnstable Building Department Barnstable Zoning Official MADEP-Southeast Regional Office Atty. George Zevitas 206 Palmer Street • Tel.: (508)679-2002 Somerset,Massachusetts o Fax: (508)679-2205 02726 • E-Mail: finsness@comcast.net d-d 9----19 2 d-d 0 3 a Co I 1 d-d r.T NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, §6 and 310 CMR 40.0000 Disposal Site Name: 401 Main Street, Centerville, Massachusetts MADEP Release Tracking Number: 4-1.1672 This Notice of Activity and Use Limitation ("Notice") is made as of this 19th day of September, 2003, by George Zevitas of 3291 Main Street, P.O. Box 730 in Barnstable, Massachusetts 02632, together with its successors and assigns (collectively, "Owner"'). WITNESSETH: WHEREAS, George Zevitas of Barnstable, Barnstable County, Massachusetts is the owner in fee simple of that parcel of certain land located in Centerville, Barnstable 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 ("Property") is subject to this Notice of Activity and Use Limitation The property.is--shown on a plan recorded with Barnstable County Registry of Deeds,in;Plan.Book 482 Plan 13. WHEREAS, the Property comprises a disposal site as the result of a release of,oil and/or hazardous material. Exhibit.B is a copy of the recorded plan showing the Property subject to this Notice of Activity and Use Limitation (to the extent such boundaries have been established). Exhibit B is attached hereto and made a part hereof;'and WHEREAS, one or more response actionshave 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 and under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion("AUL Opinion"), dated September 19, 2003; 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 31 CMR 40.0000) so long as any of the following activities and uses occur on the Property: (i) Residential uses and activities associated therewith, including, but not limited to, pedestrian and/or vehicular traffic, landscaping, and routine maintenance of landscaped areas, which do not cause and/or result in the disturbance and/or relocation of petroleum-contaminated soil located at13 a4 feet below surface grade. (ii) Short-term (three months or less) underground utility.repair and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines), which are likely to disturb petroleum-contaminated soil Notice ofAUL—401 Main Street., Centerville, ILIA—Page 2 located at 13-24 feet below surface grade provided that such.activities,are conducted in accordance with Obligations/Conditions,,(I), and (ii).in. Section 3 of this Activity and: Use.Limitation Opinion..("Op.inion"),ithe soil;management;:procedures of the MCP:cited at,310,CMR 40 00'0,and all applicable worke;r;health and safety practices pursuant to 310,CMR 40:0018; G , (iii)Activities and uses.which,are.not identified in this,Opinion,as being inconsistent with maintaining a condition of No Sig nif cant Risk; and (iv) Such other activities and uses which, in the Opinion of a Licensed Site Professional (LSP), shall present no greater risk of harm to health, safety, public welfare, or the environment than'the activities and uses set forth in this Paragraph. 2. Activities and Uses-Incons-intent with. the.:-AUL-Oninion. Activities-and uses which are inconsistent with the objectives of this Notice, 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 activity including, but not limited to, excavation, which is likely to disturb petroleum-contaminated soil located atl?r-dt feet below surface grade associated with underground-'utility',and/or construction"work, 'without prior development and implementation, of a. Soil.,Management,Plan�-•an&-a:.Health. and_.Safety Plan in accordance with.Obligati.ons"(i):and (ii);.of Section:3.ofahe:AUL; (ii) Any activity which is .likely to disturb petroleum contaminated soil at)3-.If feet below surface grade :for a period.of time,greater than Ahree,months unless such .activity is.,first evaluated by an:LSP whoirenders an Opinion stating that such activity is-consistent,with maintaining,a condition Hof�No.: Significant .Risk .and that such activity is conducted in accordance with Obligations (i).and.(ii) of Section 3 of the AUL; and (iii)Relocation of petroleum-contaminated soil at 13 24 feet below surface grade, unless such relocation is first evaluated by an LSP who renders an Opinion stating that such relocation is consistent with maintaining a condition of No Significant Risk. 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) A Soil Management Plan must be prepared by.an.LSP prior to the commencement of any activity which.. is likely to disturb petroleum=contaminated'-:soil located at 13-� + feet. below surface:grade., .The,Soil:Management;Plan 1 should describe appropriate soil management, characterization, storage, transport, and disposal procedures in ;;-,..;• : accordance;,w•ith the; provisions;of the�wMCP cited-,:!at+ 310;.:CMR•;-40'.:0030 et seq. Workers who. may,come in.contact with;the petroleum=contarniriated. soil should be appropriately�traindd, on--the requirements of;,the�,Paan `and:ahe' Plan,:.must remain available on-site throughout the'course,ofthe project, i Notice of,4 UL—401.Main Street., Centerville, AM—Page 3 (ii) Ai Health and Safety:.Plan must,-be'-prepared and' implemented prior to the =. eorr►mencement-of any-activity'which inay-Tesult in th'e'disturbance of petroleum- { - contaminated soil'located-latl3�ay-'feet=below surface''grade Tli'e Heath and Safety «shou'ld;r be prepared by a i Certif ed Indust'nal `Hygienist}or other qualified individual appropriately trained in> worker`:=Yealth and` safety procedures and requirements. The Plan should specify the type of personal protection, engineering controls, and' environmental monitoring necessary'to° prevent worker and rother potential receptor' exposures 'to' petroleum-contaminated soil through ingestion; dermal contact, and inhalation.. Workers who may come in contact with petroleum- contaminated soil should be appropriately trained on the-requirements of the Plan, And the Plan must remain available ontsite throughout the course of the project; (iii)The petroleum-contaminated soil located at 13 Z4 feet below surface grade must• remain at depth and may not be relocated, unless such activity is first evaluated by an LSP-who renders; Opinion_which states that activity poses no greater risk of harm ito health, safety, public welfare, or the environment and ensures that a condition of No Significant Risk is maintained. 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 at seq., as to whether the proposed changes will r present a.•significant_:risk of,harm ato;:health'safety, public..welfare'.or the environment. Any and;all,re.quireinents.set�forthk in.the,:O:pinion'.to_:m`eet the.r.objective of this Notice shall be satisfied before any such activity or use is commenced. ... . ;;.... t}::-:;`1 .,• . ,. ... t;.': .i. � �:E ' in Violation-of!a Response-;Actiorit Outcome The, activities,:.uses and/or exposures upon J 3, a.; which,this,Notice is based=;shall.not'change au any:time;to 4 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, Mortaages, 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 _;,:;• inter-est-iri.and/.or rightao use,the;Propertyior a portion thereof is conveyed. .. i Owner:hereby authorizes aif&consents,to!the�fflin'g and recordation and/or registration of 'this•.Notice, said-.Notice{to!i become.Seffective-wheivi 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)`. . t 4 ' s. Notice of A UL—401 Alain Street., Centerville, ILIA—Page 4 Witness the execution hereof under seal this.l-9`h�day of September 2003. orge evrtas _ .; �i .,, . , ,. •O"caner ., � _ �;: s_ 'COMMONWEALTH'OF,MASSACHUSETTS Barnstable, ss September 19, 2003 Then personally appeared before the above named_George Zevitas in his respective capacities as Owner of the Property and acknowledged the foregoing to be his free act and deed in his aforesaid respective capacities before me, Notary Public: My Commission Expires 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 the said ,ctivjty_,And,Use,Limitation Opinion. .... Date: L 'Nat*n` . Finsness COMMONWEALTH OF MASSACHUSETTS Barnstable, ss September 19, 2003 Then personally appeared before the above named Nathaniel L. Finsness and acknowledged the foregoing to be his free act and deed before me, Notary Public: My Commission Expires 3291 Main Street, P.O. Box 7307 Barnstable, MA 02632 Attn.: George Zevitas J :jEXHIBIT'A _ . (Description of Parcel of Land Subject to AUL) A certain parcel of-land.situated..in.Centerville, Barnstable,C,ounty, Massachusetts, shown as. land owned by George T. Zevitas, deed recorded in the Barnstable Registry of Deeds, Book 2749, Page 270, on a plan entitled, "Plan of Land in Centerville, Barnstable, Ma., dated May 7, 1991, prepared by Baxter & .Nye, Inc., Osterville, Massachusetts, and recorded with the Barnstable County Registry of Deeds, in Plan Book 482, Plan 13, and being more particularly bounded and described as follows: BEGINNING on the' Easterly side. of Main Street at a stone bound at land now or formerly of Emma J. Cosby; Thence running South 790 20' 40" East and bounded Northerly by said Crosby land, 247.71 feet to a stone bound at land now or formerly of Evelyn Crosby and Sumner Crosby; Thence:,running.south.:8° -50': 10":,West-and.' bounde&Easterly by said ..Crosbyland 1::1.1'56 feet to a post; Thence running north 800 16' 50" West and'bo`u="ride&S`odther ly``b`y land now &t formerty of Evelyn Crosby, Sumner Crosby,and,Alonzo P. Crosby, 264 12 to a stone bound*set at Main.Street; Thence.in a curved line along.said Main Street, 116:62 feet to the point of beginning; containing two-thirds of an acre, more or less. .. . I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH B RD. LOCUS THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. erg at R.L,S. N LOCUS MAP ,r, SCALE I , 25,000 ASSESSORS - .�t1 i: ,� - t y d� MAP 208 PARCEL 125 - � �-• �"- •' """' ZONE RD-1 h A.P. GRAPHIC SCALE 0 15 30 60 S.B;,.�FND S.B., FND. N h O t S.B. FND. n J I 3 GEORC 4 SK. 274gr ZEVITAS h PG. 270 w _ S.B. FND _ a 1'5 to N821272w S82'S9'41'E v' zo o n K 0 r v J 13,096 S.F. Ln z 0.30 Ac. -; 3 i R.B. FND. ? s 11, N.POST FND. ., ., G -STK SET IN A MAIN HOUS v E ARp FN GE r POST HOLE FND.. 0. n r p I.P Oi ` ;'. t o 1`.:i. \o, µ761J5,i1— 8t- 1,99.80 VR- 579 32 05 S.B. FND' N t. ,. „ .. .. . R 'z.. . C. HERBERGE Q+ etc ate, 1p Lo !S S.B. FND,. _ C.B. FND. NO D.H. PLAN OF LAND ' QS e SEPTIC SYSTEM 'CENTERVILLE ) BARNSTABLE MASS. `FOR I HEREBY-,CERTIFY THAT;.THE,PROPERTY _ MILDRED',.E. & ' EDWARD `H':. WHITE LINES SHOWN HEREON ARE THE LINES, DIVIDING_ DATE .MAY. ,1':7991'- 4' EXISTING ❑WNERSHIP% AND:-THE CINES-OF•?HE - STREETS AND WAYS SHOWN ARE THOSE OF BAXTER;.&--NYE-INC. cr;...._, j. y,:• PUBLIC OR PRIVATE STREETS OR'WAYS ALREADY REGISTERED`LAND SURVEYORS ESTABLISHED AND THAT NO NEW LINES FOR CIVIL ENGINEERS DIVISION OF EXISTING OWNERSHIP OR FOR NEW OSTERVILLE, MASS. WAYS ARE SHOWN, DATE, 7-29- 9/ (ICJ C{�y2RLS. �°,` N91029 ��Z' 13 EXHIBIT C _ iiACTMTY AND USE LEMTATION OPINION 1 .,;. .:In_'accordance with the requirements of 310 CMR 40.1074, this Activity.and Use Limitation Opinion has been prepared for a parcel of land owned by George-Zevitas, located at 401 Main Street, Centerville, Barnstable County, Massachusetts 02632. As of the date of this Activity and Use Limitation Opinion, this property is zoned for residential use. The property remains developed with two structures consisting of a two and one half story residence and a garage, with landscaped areas, and an asphalt driveway located thereon. Site History The subject property has been used as a residence since original construction prior to 1858: One underground storage tank, formerly containing fuel oil, was removed from the property in September 1995 subsequent tothe detection of a fuel oil release during septic system upgrades in September 14, 1995. The detection of petroleum triggered certain notification requirements of the Massachusetts Contingency Plan(the "MCP", 310 CMR 40.0000). [Note: The "MCP" is tO'.Commonwealth of 1ltlassachusetts' code of regulations for the notification, assessment, and;,cleanup of disposal sites where d release;of oil and/or:hazardous -, materials has occurre_di;. . x Through environmental investigations and remedidtactrvrt es performed,from 1995 to 200,3, fuel oil was further characterized in subsurface soil and grouridwater ''Results=of the investigations . a determined that total petroleum hydrocarbon (TPH), concentrations from`:16 to 24 feet below ground surface (bgs)exceed the MCP Method 3;Upper Concentration Limits. Prior to excavation of-impacted soil to a depth of 8 feet, TPH concentrations:in.a composite soil sample from 6 to 14 feet bgs exhibited concentrations of TPH in excess of MCP Method-], S-1, S-2, and S-3 Soil Standards but were below Upper Concentration Limits (UCL). Subsequent excavation of impacted soil was performed to a depth of.8 feet bgs. Remaining impacted soil was determined to be located below the former tank grave, at an approximate depth of 13:J4 feet bgs. Petroleum was detected in groundwater samples. However, Exposure Point Concentrations of detected petroleum in groundwater samples do not exceed any of the MCP Method 1 Risk Characterization standards. [Note: The "MCP Method 1 Cleanup Standards" refer to numerical standards for chemical contaminants in soil and groundwater, which are published in the MCP. The soil standards are broken into three categories: S-1, S-2, and S-3. The S-1 Soil Standards are the most strict, or lowest,.numerical values since they were derived to be protective of a residential exposure scenario by considering a receptor's incidental ingestion and dermal contact exposures to soil while gardening yid playing.-'-Th`e.S 2 and S-3 numerical standards are.,less.strict`and therefore higher;- having-been developed using passive recreational and construction related eCposzrre scenariespe os, r ctivelyiU ' Reason for Activity and Use Limitation. A Method 1 Risk Characterization was conducted to evaluate,the risk posed by contamination 4 remaining in soil'at.the site. Using the Method 1 approach, concentrations of TPH remaining in A UL Opinion-401 Main Street, Centerville, NL4-Page.2 soil-were compared;to the MCP Method 1 .Soil_Standards=to.determine.-if the;site,poses a risk for £ ..• current and,future;activiti_es and uses, iiF ��n ri F]t. ..r +4J.. S.ii M� '.? i•{E,'z.!y; e.l`t. The Method 1 Risk Characterization concluded, since levels of fuel oil in soil located at 13-04 feet below ground surface on the property exceeded their respective Method 1, S-1 Standards, an unacceptable risk exists should future activities and uses of the._+property, result in=unrestricted human exposure to the soil, such as those associated with a child's exposure through direct contact and/or ingestion. Therefore, in order to ensure that such exposures do not occur and that a condition of No Significant Risk be maintained for future activities and uses, an Activity and Use Limitation is required to restrict activities and uses of the property. Permitted Activities and Uses (i)• Residential uses and activities associated therewith, including, but not limited to, pedestrian and/or vehicular- traffic,-landscaping, and .routine maintenance of landscaped areas, which do not cause and/or result. in the disturbance and/or relocation of petroleum-contaminated soil located atlN20eet below surface grade. (ii) Short-term (three months or less) underground utility repair and/or construction activities including, but not limited to, excavation (including emergency repair of underground utility lines), which are likely to disturb petroleum-contaminated soil located atu3:Q?9:�feet below.surface.grade, provided that such._activities are conducted. ,in accordance with.Obligations/Cgnditions,(I) andti:(ii)>,m Section:3 of this Activity and ,Use Limitation,Opinion ("Opmign'), the: sol.h;,management:.procedures of the MCP cited at 3d0 CMR°40.0030.and all appli',c I ,worker;health:ar d safety practices .. 1.. -' ,pursuant to 3,10.CMR 40 0018, 71 (iii)Activities and uses which are not identified in this Opinion as being inconsistent with maintaining a,condition of.No Signi.fi.cant Risk,�.and_.. (iv) Such other activities and uses which, in the Opinion of a Licensed Site Professional (LSP), shall present no greater risk of harm to health, safety, public welfare, or the environment than the activities and uses set forth in this Paragraph. Activities and Uses Inconsistent with AUL Opinion i Any activityinc including, but not limited to, excavation, which is likely to disturb petroleum-contaminated soil located atIN4 feet below surface grade associated with - underground utility and/or construction work, without prior development and - - implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations (i) and (ii)of Section 3 of the AUL; (ii) Any activity which is likely to disturb petroleum-contaminated soil atl3'a¢ feet below surface grade for a period of time greater than three months, unless such activity is first evaluated by an LSP who renders an Opinion stating that such activity is consistent with maintaining,a condition of No Significant Risk and that such activity is conducted in accordance with Obligations (i) and (ii) of Section 3 of the AUL; and i AUL Opinion-401 Main Street, Centerville, MA-Page 3 (iii)Relocation of petroleum=contaminated"soil at 13'a4' feet"bel 'ow surface'"grade, unless such relocation is first evaluated by an LSP`"whofenders'ari'Opiiiion'statii b that such relocation is consistent with maintaining a condition of No Significant Risk 'v air (i) A Soil'Management Plan must be prepared by an LSP prior to the commencement of any-activity which is likely to disturb petroleum-contaminated soil located at /3-9� feet below surface grade. The Soil Management Plan should describe appropriate soil management, characterization, storage, transport, and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 et seq... Workers who may come in contact with the petroleum-contaminated soil should be appropriately trained Ton,the requirements of the Plan, and, the Plan' must remain available on-site throughout the course of the project; (ii) A Health and Safety Plan must be prepared and implemented prior to . the commencement of any activity which may result in the disturbance of petroleum- contaminated soil.located at 13-91- feet'below surface grade. The Heath and Safety Plan should be prepared by a Certified Industrial' Hygienist or other qualified individual appropriately trained in worker health and safety procedures and ,,requirements The•Plan'`should:specify the type of personal'protection, engineering is controls;' and 'environmental monitoring'necessary to prevent worker and other i{ r j� potential;:receptor;"exposures fo,petroleum,-contaminated, soil`''through 'ingestion, =derm"a'l';contact,,,�and�inhalation.=Workers who'`may come^%n contact with petroleum- ,,. . contaminated soil should be appropriately-trained'on'the requirements of the Plan; and the Plan must remain available on-site throughout the course of the project; (iii)The petroleum-contaminated'soil located at 13-'a feet below surface grade must remain at depth and may not be relocated, unless such activity is first evaluated by an LSP who renders an Opinion which states that such activity poses no greater risk of harm to, health, safety, public welfare, or the environment and ensures that a condition of No Significant Risk is maintained. LSP: `2 thaniel L s ss, Licensed Site Professional(MA#5156) Date: -HJ' iA4a`1 ..'11M EXHIBIT D 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) COMPLETE THIS;:FORM AND ATTACH AS AN EXHIBIT TO THE AUL DOCUMENT TO BE RECORDED AND/OR'REGISTERED;IiVITH THE REGISTRY OF DEEDS AND/OR LAND REGISTRATION OFFICE ' A. LOCATION OF'DISPOSAL SITE AND PROPERTY SUBJECT.TO`AUL Disposal Site Name: Residential Property 401 Main Street Street: Location City/Town: Centerville ZIP Code: Address of property subject to AUL,if different than above. Street: CityfTown: ZIP Code: B. THIS FORM IS BEING USED TO: (check one) Q Provide the LSP Opinion for a'Notice of Activity and Use Limitation, pursuant to 310"CMft 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 form). 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 form). ❑ Provide the LSP Opinion for an Amendment of Environmental Restriction,pursuant to 310 CMR 40.1081(3) (complete all sections of this form). ,j Provide the LSP Opinion for a Release of Environmental Restriction, Pursuant to 310 CMR 40.1083(2)(complete all sections of this form). i 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(iii)the provisions of 309 CMR 4.03(5),to the best of my knowledge, > 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(1)(b); > if 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 Section B indicates that a Termination of a Notice of Activity and.Use Limitation is being registered andlor 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(3)(a); > 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.21E and 310 CMR 40.0000 and(ii) complies with 310 CMR 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 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); > 'f Section B indicates that 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(1i)complies with 310 CMR 40.1083(3)(a). 1 am aware that significant penalties may result, including, but not limited to, possible fines and imprisonment, if I submit information which I know to be false, inaccurate or materially incomplete. Check here if the Response Action(s)on which this opinion is based,if any,are(were)subject to any order(s),perniit(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 5/8/95 Do Not Alter This Form Page 1 of 2 Massachusetts Department of Environmental Protection BWSC-114 Bureau of Waste Site Cleanup a t' f d :+' r ''t z: k f Release Tracking Number & i ` ACTIVITY USE LIMITATION (AUL' OPINLO�N FORM r _ - Pursuant to 310 CMR 40 1070 401084(SubparkJ') - w 4 15176._. `{ )C: LSD OPINION. (continued) x "LSP Name" "'Nathaniel -L. 'Finsness r r -- LSPf# .k 5156Stamp Telephone_ (508) 679-2002 Ext.. p�'��pry�A Lgcyp _. .. . _ .. THANiE 679-2205 L. FAX: 9j FINSNESS y eo No.5156 _ LSP Signature: F,ys 9F�i/STEA�� Date: Flo SITE PFOF�S �I YOU MUST COMPLETE ALL)RELEVANT SECTIONS,OF THIS ' FORM OR DEP MAY FIND THE DOCUMENT TO BE INCOMPLETE. i or e i::D'" �, _ , -.��1'.I t .,.iN�,I�C!r, +r7�'d;''f. . . .,., Uf+' i-:3,: .1::^ 1 .. ,.•, d! ,.j PI ;...... 0 ri:'r,:_J,u,T�,.t 1.('.:. .. ,,? .. .-L: r ..... l 5 rl,:. _L„C)l)i'., ,1 ;;1:.r7 b..'_!.,.i• :! 1`':'..�u. -.1'.�: C�"i .CL�J'..,i;.r�� ...r:):" r ..,).:fc � 'J!i^ .., „lc ,,. ( 4 i Revised 5/8/95 Do Not Alter This Form Page 2 of 2 FINSNESS ENVIRONMENTAL September 22, 2003 Board of Health Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Response Action Outcome Statement& IRA Completion.Statement 401 Main Street Centerville,Massachusetts RTN 4-11672 Dear Sir or Madam: Finsness Environmental has recently completed an environmental investigation on the referenced _property in accordance with applicable regulations of the Massachusetts Contingency Plan(310 CMR 40.0000). Due to 'specific, soil.and :groundwater conditions on the property, the response actions performed have met requirements of a Class A-3 Response Action Outcome (RAO), whereby'an Activity and Use Limitation has been imposed on the property to maintain a condition of No Significant Risk, in accordance with applicable regulations. A copy of the completed report can be reviewed and/or copied at the Massachusetts Department of Environmental Protection's (MADEP) Southeast Regional Office in Lakeville, Massachusetts. This letter was submitted to satisfy public notification requirements of the MADEP. Sincerely, FINSNESS ENVIRONMENTAL ath L. Finsness Licensed Site Professional (#5156) cc: Centerville Town Manage"r's"Office ; MADEP-Southeast Regional Office Atty. George,Zevitas, 206 Palmer Street • Tel.: (508)679-2002 Somerset,Massachusetts • Fax: (508)679-2205 02726 • E-Mail: finsness@comcast.net i i Commonwealth of Massachusetts Executive Office of Environmental Affairs ` Department of I t R�cEi�EO 1� Environmental Protection BAN i 8J19 s Southeast Regional Office f, William F.Weld Trudy Coxe cy� 8 me".EOEA ! David B.Struhs '44 ry' 01 CommWeiorxm URGENT LEGAL MATTER: PROMPT ACTION NECESSARY CERTIFIED MAIL: RETURN .RECEIPT REQUESTED January 16, 1996 Mr. George Zevitas RE: BARNSTABLE--BWSC-ER Zevitas & Enright, P.C. 401 Main Street 3291 Main Street RTN: 4-11672 Barnstable, Massachusetts 02630 APPROVAL TO CONDUCT AN IMMEDIATE RESPONSE ACTION M.G.L. c.21E and 310 CMR 40.0000 Dear Mr. Zevitas: On December 13, 1995, the Department of Environmental Protection, Southeast Regional Office (the "Department") , received a written Immediate Response Action Plan (the "IRA Plan") , prepared by SEA Consultants, Inc. , for the above- referenced site. The object of the IRA is to excavate up to 60 yards of oil contaminated soil, apply approximately 20 gallons of MICRO-BAC PBS remedial additive without any nutrient additives, and implement an environmental monitoring program. The Department hereby approves the IRA Plan with the following conditions: 1. Submit a schedule for completion of the IRA Plan within gait ly (30) days o raceipt o \.".L approval 3Iv\.iGa; 2. All remediation waste must be properly handled and disposed of within 120 days from the date of generation per 310 CMR 40.0030; and 3. The IRA must be conducted under the Response Action Performance Standard (RAPS) as further defined by 310 CMR 40.0191. Be advised that the deadline in Item 1 above constitutes an enforceable Interim Deadline established pursuant to 310 CMR 40.0167. 20 Riverside Drive • Lakeville,Massachusetts 02347 a FAX(508)947.6557 9 Telephone (s08) 9W2700 1 -2- In addition, please be advised that the Department continues to consider you liable under M.G.L. c.21E, for up to .three (3) times all response action costs incurred by the Department, as well as for damages from the impairment of natural resources. You also remain liable under M.G.L. , c.21E, Section 11, and M.G.L. , c.21A, Section 16, for any violation of c.21E or other laws, statutes, regulations, orders, or approvals. This liability was described in detail in the Department's Notice of Responsibility (NOR) dated October 6, 1995. Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an -IRA Completion Statement and/or a Response Action Outcome (RAO) statement. The MCP requires that a fee of $750.00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Please note that if . you fail to 'submit either an RAO Statement or a Tier Classification Submittal to the Department by October 6, 1996, you maybe assessed a Tier I Annual Compliance Fee for the first year. Questions regarding this matter should be directed to Dan Crafton at the letterhead address or at 508-946-2721. All future communication regarding this matter must reference Release Tracking Number: 4-11672. Very truly yours, Richard F. Packard, Chief Emergency Response/Release Notification Section P/SB/cb CERTIFIED1 MAIL NO. Z 001 196 053 RETURN RECEIPT REQUESTED cc: Board of Health Town Hall 367 Main Street Hyannis, MA 02601 Town Manager's Office Town Hall 367 Main .Street Hyannis, MA 02601 1 -3- cc: Fire Department 3249 Main Street Hyannis, MA 02601 Bennett & O'Reilly, Inc. 84 Underpass Road PO Box 1667 Brewster, MA 02631 ATTN: Dave Bennett DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director i -§5 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Southeast Regional Office William F.Weld Governor Trudy Coxe Secretary,EOEA David B.Struhs Commissioner Q NT LEGAL MATTER: PROMPT ACTION NECESSARY ERTIFIED MAIL: RETURN RECEIPT REQUESTED Q . December 26, 1995 Mr. George Zevi ta.s RE: BAR,N:STABLF--BWSC-ER Zevitas & Enright, P.C. 401 Main Street 3291 Main Street RTN: 4-11672 Barnstable, Massachusetts 02630 APPROVAL TO CONDUCT AN IMMEDIATE RESPONSE ACTION M.G.L. c.21E and 310 CMR ,40 . 0000 Dear Mr. Zevitas : On December 13 , 1995, the Department of Environmental Protection, Southeast Regional Office (the "Department" ) , received a written Immediate Response Action Plan (the "IRA ,Plan" ) , prepared by Bennett & O'Reilly, Inc . , for the above- referenced site . The object of the IRA is to excavate up to 60 yards of oil contaminated soil, apply approximately 20 gallons of MICRO-BAC PBS remedial additive without any nutrient additives, and implement an environmental monitoring program. The Department hereby approves the IRA Plan with the following conditions : 1 . Implement the IRA Plan within thirty (30) days of receipt of this approval notice; 2 . All remediation waste must be properly handled and disposed of within 120 days from the date �of generation per 310 CMR 40 . 0030 ; and 3 . The IRA must be conducted under the Response Action Performance Standard (RAPS) as further defined by 310 CMR 40 . 0191 . Be advised that the deadline in Item 1 above constitutes an enforceable Interim Deadline established pursuant to 310 CMR 40 . 0167 . 20 Riverside Drive • Lakeville, Massachusetts 02347 • FAX(508)947-6557 9 Telephone (508) 946-2700 -2 FA' In addition, please be advised that the Department continues to consider you liable under M.G.L. c.21E, for up to three (3) times all response action costs incurred by the Department, as well as for damages from the impairment of natural resources . You also remain liable under M.G.L. , c. 21E, Section 11, and M.G.L. , c . 21A, Section 16, for any violation of c . 21E or other laws, statutes, regulations, orders, or approvals . This liability was described in detail in the Department' s Notice of Responsibility (NOR) dated October 6, 1995 . Additional submittals are necessary with regard to this notification including, but not limited to, the filing of an IRA Completion Statement and/or a Response Action Outcome (RAO) statement . The MCP requires that a fee of $750 . 00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. Please note that if you fail to- submit either an RAO Statement or a Tier Classification Submittal to the Department by October 6, 1996, you may be assessed a Tier I Annual Compliance Fee for the first year. Questions regarding this matter should be directed to Dan Crafton at the letterhead address or at 508-946-2721 . All future communication regarding this matter must reference Release Tracking Number: 4-11672 . Very truly yours, Richard F. Packard, Chief Emergency Response /Release Notification Section P/DC/j t CERTIFIED MAIL NO. Z001 192 018 RETURN RECEIPT REQUESTED CC : Town of Barnstable Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Warren J. Rutherford, Town Manager Town of Barnstable Board of Health Town Hall '367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, R.S . r -3- cc : Town of Barnstable Hyannis Fire Department 94 High School Road Hyannis, MA 02601 ATTN: Chief Paul D. Chisholm Bennett & O' Reilly, Inc. 84 Underpass Road PO Box 1667 Brewster, MA 02631 ATTN: Dave Bennett DEP-SERO ATTN: Andrea Papadopoulos, Deputy Regional Director `v ENNETT '.R EIL LY, Inc. - , I Engineering, Environmental & Surveying Services 84 Underpass Road Sanitary 21E/Site Remediation Property Line P.O. Box 1667 Site Development Hydrogeologic Survey Subdivision Brewster,MA 02631 Waste Water Treatment Water Quality Monitoring Land Court 508-896-6630 Water Supply Consulting Trial Court Witness 508-896-4687 Fax B095-0976 October 25, 1995 Ms. Julie Hutchinson O Massachusetts Department of Environmental Protection Southeast Regional Office BWSC/Emergency Response Section 20 Riverside Drive Lakeville, MA 02347 RE: RELEASE NOTIFICATION . MA DEP#4-11672 401 Main Street, Centerville Dear Ms. Hutchinson, BENNETT & O'REILLY, INC., is submitting the attached Release Notification Form, BWSC-103,for the above referenced property on the behalf of the Potential Responsible Party(PRP) and property owner, George Zevitas. BENNETT & O'REILLY was retained by Mr. Zevitas on 10/24/95 as the Engineering and Environmental Consultant for remedial response activities. Joseph Salvetti is on retainer to BENNETT & O'REILLY as the Licensed Site Professional (LSP)for.the project. The submittal of this Release Notification Form (RNF) signifies the acceptance of responsibility by the PRP to comply with the provisions of 310 CMR 40.000. Assessment work is being conducted to evaluate the extent and magnitude of soil contamination and potential groundwater impact in consideration of an appropriate remedial strategy. The assessment information will be utilized for development of an IRA Plan. It is anticipated that a formal written plan will be developed and submitted to the Department by the 60 day statutory period ending November 22, 1995. Initiation of the IRA plan will further be influenced by resolution of insurance coverage issues. 1 f - RNF ZevitasBO95-0976 If you have any questions or need additional information please contact me at your earliest convenience. incer , E LY C. ennett, PG, C Director of Environmental Services cc: George Zevitas, Property Owner Lt. Wilcox, Barnstable Fire District Centerville/Osterville/Marstons Mills Donna Miorandi,Barnstable Health Department Joseph Salvetti,LSP 2 Massachusetts Department of Environmental Protection BWSC-103 Bureau of Waste Site Cleanup Release Tracking Number RELEASE NOTIFICATION&NOTIFICATION RETRACTION 1 - 11672 FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) If assigned by DEP A. RELEASE OR THREAT OF RELEASE LOCATION: Street: 401 Main Street Location Aid: intersection with Park Ave City/Town: Centerville ZIP Code: 02632-0000 B. THIS FORM IS BEING USED TO: (check one) Submit a Release Notification(complete all sections of this form). Submit a Retraction of a Previously Reported Notification.of a Release or Threat of Release(complete Sections A,B,E,F and of this form). You MUST attach the supporting documentation required by 310 CMR 40.0335. C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): Date and time you obtained knowledge of the Release or TOR. Date: 0 9/14/9 5 Time: ( 12 0 DAY) Specify: ❑ AM ❑ PM 9/22/95 2 : 00 pm (72 HOUR) The date you obtained knowledge is always required. The time you obtained knowledge is not required if reporting only 120 Day Conditions. IF KNOWN,record date and time release or TOR occurred. Date: Time: Specify: AM F PM Check here if you previously provided an Oral Notification to DEP(2 Hour and 72 Hour Reporting Conditions only). Provide date and time of Oral Notification. Date: 0 9/2 2/9 5 Time: 3:30 Specify: 0 AM ® PM Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) 2 HOUR REPORTING CONDITIONS 72 HOUR REPORTING CONDITIONS 120 DAY REPORTING CONDITIONS (� Sudden Release Subsurface Non-Aqueous Phase Release of Hazardous Material(s)to Soil or Liquid(NAPL)Equal to or Greater than Groundwater Exceeding Reportable Threat of Sudden Release 1/2 Inch Concentration(s) ❑ Oil Sheen on Surface Water ® Underground Storage Tank(UST) WJ Release of Oil to Soil Exceeding Reportable Release 9/2 2/9 5 Concentration( and Affecting More than 2 Cubic ❑ Poses Imminent Hazard Yards 9I14/9 5 Threat of UST Release Could Pose Imminent Hazard ❑ Release of Oil to Groundwater Exceeding Reportable ❑ Release Detected in Private Well Release to Groundwater near Concentration(s) � Water Supply Subsurface Non-Aqueous Phase Liquid(NAPL) Release to Storm Drain ❑ Release to Groundwater near Equal to or Greater than 1/8 Inch and Less than 12 ❑ Sanitary Sewer Release School or Residence Inch (Imminent Hazard Only) List below the Oils or Hazardous Materials that exceed their Reportable Concentration or Reportable Quantity by the greatest amount. If necessary,attach a list of additional Oil and Hazardous Material substances subject to reporting. Name and Quantities of Oils(0)and Hazardous Materials(HM)Released: Reportable Concentrations 0 or HM Released 0 HM CAS# Amount or Units Exceeded,if Applicable (check one) (if known) Concentration (RCS-1,RCS-2,RCGW-1,RCGW-2) # 2 Fuel Oil NA 9.8-19K mq/ka RCS-2 500 mcr/ka # 2 Fuel Oil ® ❑ NA •120 pnm UST — 100 nnm D. ADDITIONAL INVOLVED PARTIES: ❑ Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release,other than an owner who is submitting this Release Notification(required). Check here if attaching Licensed Site Professional(LSP)name and address(optional). You may write-in names and addresses on the bottom of,the second,page:of this-form: Revised 311/95 SUP 03 Page 1 of 2 Massachusetts Department of Environmental Protection BMC-103 Bureau of Waste Site Cleanup Release Tracking.Number RELEASE NOTIFICATION &'NOTIFICATION RETRACTION F41 - 1. 11672 FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) If assigned by DEP E. PERSON REQUIRED TO NOTIFY: Name of Organization: Name of Contact: Mr. Georae Zevitas Title: Property Owner Street: 401 Main Street Cityrrown: Centerville State: MA ZIP Code: _02632-0000 Telephone: 508-362-4336 Ext.: FAX:(optional) 508-362-7770 F. RELATIONSHIP OF PERSON REQUIRED TO NOTIFY TO RELEASE OR THREAT OF RELEASE: (check one) RP or PRP Specify: ® Owner 0 Operator 0 Generator 0 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.5(I)) Ej Any Person Otherwise Required to Notify Specify Relationship: G. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: I Georae T. Zevitas attest under the pains and penalties of perjury(i)that I have personalty examined and am familiar with the information contained In this submittal,including any and all documents accompanying this transmittal form,(ii)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. Ilthe person or entity on whose behalf this submittal is made arnAs aware that there are significant penalties,including,but not limited to, possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. By: Title: Property Owner (signs ure) , For: Georae T. Zevitas Date: / l � � (print name of person or entity recorded in Section E) Enter address of the person providing certification,if different from address recorded in Section E: 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. LSP: Joseph Salvetti ( 508) 888-3905 Revised 311/95 Supercedes Form BWSC-003 P49e-2 of 2 Do Not Alter."This,Form._ C Commonwealth of Massachusetts Pd Executive Office of Environmental Affairs Department of Environmental Protection ' Southeast Regional Office William F.Weld Governor Trudy Coxe Secretary,EOEA David B. SVuhs Commissioner UTG-W, EGAL MATTER: PROMPT ACTION NECESSARY r�'E IFIED MAIL: RETURN RECEIPT REQUESTED C (0 October 6, 1995 George Zevitas RE: BARNSTABLE--BWSC 401 Main Street 401 Main Street Centerville, Massachusetts 02632 Centerville RTN: 4-11672 NOTICE OF RESPONSIBILITY M.G.L. c . 21E, 310 CMR 40 . 0000 On September 22 , 1995, at 4 : 20 p.m. , the Department of Environmental Protection (the "Department" ) received oral notification of a release and/or threat of release of oil and/or hazardous material at the above referenced property which requires one or more response actions . In addition to oral notification, 310 CMR 40 . 0333 requires that a completed Release Notification Form (BWSC-003 , attached) be submitted to the Department within sixty (60) calendar days of the date of the oral notification. The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c.21E, and the Massachusetts Contingency Plan (the "MCP" ) , 310 CMR 40 . 0000, require the performance of response actions to prevent harm to health, safety, public welfare and the environment which may result from this release and/or threat of release and govern the conduct of such actions . The purpose of this notice is to inform you of your legal responsibilities under .State law for assessing and/or remediating the release at this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise . The Department has reason to believe that the release and/or threat of release which has been reported is or may be a disposal site as defined by the M. C. P. The Department also has reason to believe that you (as used in this letter, "you" refers to George Zevitas) are a Potentially Responsible Party (a "PRP" ) with liability under M.G.L. c . 21E §5, for response action costs . This liability is "strict" , meaning that it is not based on fault, but solely on your status as owner, operator, generator, transporter, 20 Riverside Drive • Lakeville,Massachusetts 02347 • FAX(508)947-6557 • Telephone (508) 946-2700 -2- disposer or other person specified in M.G.L. c. 21E §5 . This liability is also "joint and several" , meaning that you may be liable for all response action costs incurred at a disposal site regardless of the .existence of any other liable parties . The Department encourages parties with liabilities under M.G.L. c . 21E to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials . By taking prompt action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions . You may also avoid the imposition of, the amount of or reduce certain permit and/or annual compliance assurance fees payable under 310 CMR 4 . 00 . Please refer to M.G..L. c . 21E for a complete description of potential liability. For your convenience, a summary of liability under M.G.L. c . 21E is attached to this notice. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for 'bringing litigation. The Department encourages you to take any action necessary to protect any such claims you may have against third parties . At the time of oral notification to the Department, the following response actions were approved as an Immediate Response Action (IRA) : • Assessment only. Specific approval is required from the Department for the implementation of all IRAs . This site shall not be deemed to have had all the necessary and required response actions taken for it unless and until all substantial hazards presented by the release and/or threat of release have been eliminated and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c . 21E and the MCP. Additional submittals are necessary with regard to this . notification including, but not limited to, the filing of an IRA Completion Statement and/or a Response Action Outcome (RAO) statement . The MCP requires that a fee of $750 .00 be submitted to the Department when an RAO statement is filed greater than 120 days from the date of initial notification. You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or actually perform the necessary response actions at this site . You may obtain a list of the names and addresses of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals at (617) 556-1145 . -3- If you have any questions relative to this notice, please contact Dan Crafton at the letterhead address or at (508) 946-2721 . All future communications regarding this release must reference the following Release Tracking Number: 4-11672 . Very truly yours, ' RR,, `C Richard F. Packard, Chief Emergency Response / Release Notification Section P/DC/jt CERTIFIED MAIL #Z001 192 794 RETURN RECEIPT REQUESTED .Attachments : Release Notification Form; BWSC-103 and Instructions Summary of Liability under M.G.L. c. 21E cc : Town of Barnstable 367 Main Street Hyannis, MA 02601 ATTN: Warren J. Rutherford, Town Manager Board of Health Town Hall 367 Main Street Hyannis, MA 02601 ATTN: Brian R. Grady, R.S . , Chairman Centerville/Osterville Fire Department 1875 Route 28 Osterville, MA 02655 ATTN: Chief John M. Farrington DEP - SERO ATTN: Andrea Papadopoulos, Deputy Regional Director No..--85.-A'Ds FRs$...15.00......... THE COMMONWEALTH OF MASSACHUSETTS BOAR® OF HEALTH .................................T KM. F.......Barnstable.......----...--------------.......--------.------------ Appliration for Uiipniial Workii Tomtrnr#iun ramit Application is hereby made for a Permit to Construct ( ) or Repair (X ) an Individual Sewage Disposal System at: 401 Main Street, Centerville...MA....�?b.. 2... ....... ........... .. Location-Address or Lot No. Gecrge Zevitas ..4.01 Main Street,__.CerlLgNaille_,__ --___Q � ._ ...... Add ss W .. .. .. Cesspool Service , Inca 128 Bishops Terrace,ieHyannis,-_-M�_--. Installer Address Type of Building Size Lot-_----_ -------------Sq. feet Dwelling—No. of Bedrooms.................._.._.__....._._....___.__.Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons........5 ............ Showers'( ) — Cafeteria ( ) Otherfixtures -------------------------------•--..................................................... ............................................................ W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. W Septic Tank—Liquid capacity.............gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No..................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter--______-___-__-_- Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) � Percolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water-._-_-__________--_____. (i, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water................... •--•- ------------------------------------------------------------------------------------------------------------------------------------- .... ------ o Description of Soil......... a ---------------------------------------------------------------------------------------------------------------------------------------------------- x U ---------------------------------------•-------............----....................------.....----------------------------------.....---------.....-----------•.................._.........------------. w -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- x U Nature of Repairs or Alterations—Answer when applicable__-installatlqn... -_- ---J„QQQ---g I-per,_--per-fast, ....stone packe.. leach --- pitorfl ---( ve -ow.------------------------------------ -------•---••----...... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of iITLi4 5 of the State Sanitary Code— The undersigned furt agrees not to/plae the system in operation until a Certificate of Compliance has bee ss�t eaby tke board of h t . .Signed. -�- i%C_ _ ----------2J2a/85- Date ApplicationApproved By----------- ----------------- ------- ------- .......----•----------- .......................Date �85- Date Application Disapproved for the 4owing reasons-.............................................-----------------------------------------------...... ............. ........ ......................................................................................................................................................................................................... Date Permit No.. ..... -- Issued_.2122185 ----- Date i7,<' LOCATION SEWAGE PERMIT NO. <Ze> z VILLAGE A & B CESSPOOL SERVICE 128 BISHOPS TERRACE, HYANNIS, MA 02601 BUILDER OR OWNER x s' DATE PERMIT ISSUED DATE COMPLIANCE ISSUED -.2.2 r L �.� -j: `� \ � I I � \ Wi �� .. �� s J �� THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ................................WOW-nOF.......RaXnstable--...-.-..-----..........--------.----------------------- ApplirFation for Disposal Works Tonstrurtion rrntit Application is hereby made for a Permit to Construct ( ) or Repair OC ) an Individual Sewage Disposal System at: .....m a.....a26 3z... .................................................................................................. Location-Address or Lot No. ......Gawge.-Ze-vitas--------------- .....--•--------•----------........-•--•- �II� ?�a� S t�setr Ge�ter�vd lle r �A --42632 Ownerr Address ...... ,�C.. ..Osss gn.al..Be rice_w..Ina►-------------------------- --12.8..3j,%haps•..T-a-tee ...l-yar+nl0,•-.rA.....0,2641... p� Installer Address UType of Building Size Lot.......:::..................Sq. feet ,. Dwelling—No. of Bedrooms...............4..........................Expansion Attic ( ) Garbage Grinder ( ) `4 Other—T e of Building ............... No. of.persons a YP g ------------- P 5------------------ Showers "( ) — Cafeteria ( ) Otherfixtures ----------------------------------------------------------------------------------------------------------------------------------------------------- W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. W Septic Tank—Liquid*capacity............gallons Length................ Width................ Diameter---------------- Depth................ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No--------------------- Diameter.............--..... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water-------................. 1-4 14 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water..--.................... 9 .....................-....................................................................................................................................... ODescription of Soil---------SBmd---------------------------•----------•--------------•---------------------------------------------------------------------....---------•------------ x -. U ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------•-------........---- w ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- U Nature of Repairs or Alterations—Answer when applicable.-..in&ta_j j _t.j0n__o __a j_i_000__ l p1+i----pm—ea-St� .....stom- Fa.cked..leaah..Pit..4-OVSI- owr ---------------------------------------------------------------------------------------------------•---------•----- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Sanitary Code—The undersigned further agrees not to pla e the system in operation until a Certificate of Compliance has been issued by the board of h -1t Signed---.. . .. C. ...................... -------2/22-8-r3. Date Application li Approved ............. ,+ y - --------------------------- r3 z�2z/PP d B Y ' =a� �; Date Application Disapproved for the 11owing reasons-------------------•------------------------------------------•------------------------......-----.............. ------------------------------.-----......--------....---------------------•-----.....----•-•----...........:-------........------------------------------------------------------------------------...... _ Date Permit NoA_5-..j--•6!.5_ --•-----------------------•--- Issued-_2'/2P—/B5.---------------•-------•---•-------• Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..............T.Own................OF.....BAS rnstable.................................................---- C�rdifiratr of Toutpliaanrr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired (X ) -+......12B..Bishops---TaxT&ca,...Hyannis-,---VA......02601................... _�.. Installer at....40.1..Main_Street.►... 4 3 - ' 0ac ge.. euetis.. has been installed in accordance with the provisions of TITI F, 5 of The State Sanitary Code as application for Disposal Works Construction Permit No.85m................................ dated---2/22- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GU SYSTrw wiLL FUNf.TIOV SATISFACTORY. f DATE----------------- .......... Inspector = THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ......................Ton........OF..Bafstbl No.$S.-................ -.., FEE.. ..15. Disposal Works TDnnstrnrtion rranit Permission is hereby granted......................A..&..H..Cesspool._Sex'nice,.._LnC..................................................... to"Construct ( ) or Repair (X ) an Individual Sewage Disposal System at No. '- cm ___Ge_ Street as shown on the application for Disposal Works Construction Permit o._-.$ _ .... Dated._2/22/fl5....................... `� ----------------------------------- Board o Health DATE--•-�..'�---�.-m1.------•-------• ' FORM x1255 A. M. SULKIN. INC.. BOSTON