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0297 NORTH STREET UNIT BLDG 1 UNIT 1 - Health
297.North,Street ; z Hyannis Aa308,- 044 0 C, �I I All _ �J�aE,YC"o��� m � UPC 17734 No�1533CCR HASTINGs, INN 0 � V ✓ !! e No.............. ................ THE COMMONWEALTH OF-MASSACHUSETTS BOARD OF HEALTH .......................O F................-.............-..........-------..-.......-----------..................... Appliratiou for BiSpwial Workii Tomitrart"inn amit Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: J ...._._................ .... ----__-•-•- or Lot No. .......•---------- .........-.-.-.- . -... ccation-Address ........... ....._ r • .-•--•-- -•-...... --------------------------------- -........... -.-.-.... �j wner �/� Address W 5 .�Rwfeyc �r� f/ �/C-c.r,�=........._ Installer Address dType of Building Size Lot............................Sq. feet U Dwelling—No. of Bedrooms............................................Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ____________________________ No. of persons....._...................... Showers ( ) — Cafeteria (. ) P4 Other fixtures -------••---------------------------•--......_. W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. Ix Septic Tank—Liquid capacity............gallons Length................ Width................ Diameter................ Depth................ 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........................................ aTest Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water........................ G%, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water...............-........ (Y -----------------------•---•----------•-•------------------••--..._..........•-•---••--•••••......................................................... ODescription of Soil.............................•-•-----....._.._...---...-•--•---.....---•-----......-•------------------•----..........----------••-----...--------------•-••-•--•-_----- x -----� ------.-- - Nature of Repairs or Alterations—Answer when applicable_._..____ . °�t , .......... --------------------------------•--••----•----------._..._.._.......................................................................................................................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TL ITLL 5 of the State Sanitary Cod —The and igned further agrees not to place the system in operation until a Certificate of Compliance ha n s ed bey the rd of Health. Signed---- J/(./--`---... ................................... ................................ / e Application Approved By.................................. � ........ �1- -- ---......... Date Application Disapproved for the following reasons____________________________________________________________________________________________ ___________________ ---------- •------------ -•---------------- _•-_------ ..... •--•---_-----._...-__-------•-•--- ---••-._.....----------------------------------------------------- •-•--•--------------------•--------- Date PermitNo......................................................... Issued_....................................................... Date © U No..............l.G. !v Fs$..l..a....................... THE COMMONWEALTtOF—MASSACHUSETTS BOARD OF HEALTH ................ ........................O F...............................-......... ................................... Appliratiun for UiuVuuttl Workii Tonutrnr#iun rrmff Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: t �! ocation Address or Lot No. f ........................................................ ......................•--.......••-_.........._ .............................................. Address � Installer Address d Type of Building Size Lot............................Sq. feet V Dwelling—No. of Bedrooms................................ .Expansion Attic ( ) Garbage Grinder ( ) ............ No, of persons............................ Showers — pa,, Other—Type of Building ................ p � ( ) Cafeteria ( ) a Other fixtures -------------------------------- . W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic 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 ( ) aPercolation Test Results Performed bY.......................................................................... Date........................................ Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water..--.................--. GT., Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ R: •---•---------------------------------------------------------------------------------------•-........................................................... •••-- 0 Description of Soil........................................................................................................................................................................ x . U W --••-------------------------------------------•--•---••...._......-----------_-------•-----•----------------------_--- / V Nature of Repairs or Alterations—Answer when applicable.......... . . .....................:.......C�-!r ......T�- l'___--_---. --------------•-•--•--------------•---•---•---•-•--•-••••--•---•-••--------------------•-•-•.......----•.....---•-••---------------•-------...--------•••••---------------------•--•---................. Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLL 5 of the State Sanitary Cod — The and igned further agrees not to place the system in operation until a Certificate of Compliance ha n ' sled by the Ord of Health. Signed-• .....G?^...••-....•--•.1.�.. ................................ �� D e Application Approved BY ` .._..„T i, ......... .........�`���:.r�-�..............e Application Disapproved for the following reasons:.............................................................................................................. .........-•----------•-------•......-•---••------•-•--------•.....---•-•-••................•--------••--------•---.......••---......•---•••-----•••---------•-•----••---•-----•-•---_-•---••--••........ Date PermitNo......................................................... Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ....................................OF..................................................................................... C9rdif iratr of f omplittnrr THIS IS T CERTIF-Y, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by........................... .e..../I PCB:........... -••-•--•-•--.....---•- ..--.......----..........----...---•------•-•-•-----•---------...----•-•-•-••------.....•..--•--- � Installer at---•-•-•••-•••� - ...... ------•-- ----------------------------------------------------------------••-•--.................•..... has been installed in accordance with the provisions of TITLE of The State Sanitary Code as described in the application for Disposal Works Construction Permit No........ �. ..... dated................................................ THE ISSUA CE 9F THIS CERTIFICATE SHALL NOT BVCONSTRU D AS A GUARANTEE THAT THE SYSTEM WILL U ION SATISFACTORY. DATE....l� •..................•------•------•----•-•-•--.. InspectoTHE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH 9 1,.n 3 .............................I............OF..................................................................................... u No......................... FEE........................ Diu uuttl urku/�lopiArWinn rrmit Permission is hereby granted----•---------------------- ............................................................................................... to Construct �rRepair an In id al Sewage Disposal Sy tem Street as shown on the application for Disposal Works Construction Permit No_ ..... o......... .......... Dated.......................................... •-• • .. - ----............................................................. J DATE...................................���•��1.�.................... Board of Health FORM 1255 A. M. SULKIN, INC., BOSTON 4 rNO......3..P.9V Ficx/.................... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH . .. ...................OF...........ell 0 ft,w.#4,a4................................................. NVp iration for Diapaiial Works Tonfitrurtion ramit Application is hereby made for a Permit to Construct ( ✓�or Repair ( ) an Individual Sewage Disposal System at: C/1.q.o& T'/2,v e. Con.► ..-. x:. `��......•...........................• ....;1�:t.l�,e��.e_...�!�ra�. "..��s----,�: ............. .............._. ( Location Address or Lot No. 's T-VA ``"'r 1.........,i <t.h:...---•---•---•----••---•-•.................. .................•-•---........._._....--•--••--•--•--------._._...--•----•---..............---•-• Owner Address fin. �f2 Installer Address d Type of Building Size Lot............................Sq. feet U Dwelling—No. of Bedrooms______________________________ __ _Expansion Attic ( ) Garbage Grinder (�) Other—Type of Building ._v'__ _..4",No. of persons__.__. ____ Showers ( ) — Cafeteria ( � dOther fixtures .......RA4''!�...... er SDeptic Tank—Liquid capacity ty.Z ".___gallon gallons per Length n_P!zaay Width l daily flo Diameter.`�___._.____ Depth---dons. 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........................................ aTest Pit No. l................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ •---•---•-------------------•-----------.............--•---•--......----------....--•......--_---•-•......................................................... ODescription of Soil .S'+ d; ......................................................•-------------- x U --------•------•---- -----•------------•------------•----•----••---------••-•-----------------------••........------•--._....-•... .. •••--•------------- ......................... x ---------------------------------------------------------------------------------------------------------- •---- --- -------- ................. .......................... - -- - U Nature of Repairs or taons—Answer when applicable. .. ----- Agreement: The undersigned agrees, install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of iITLi� 5 o the State Sanitary Code—The undersigned further agrees not to place the system'ia:, operation until a Certificate of Compliance hAbee •ss e� by the boar of Health. S•Application Approved . .................••--•---....................._..-- 'Date Application Disapprove the following reasons________________________________________________________________________________________________________________ . ..........................................................................................................._....__...._...._.._._.._.______._._._...__..___.____._._____...__.__.__._____.._.___.......__ r Date Permit No......................................................... Issued........................................................ Date •--•-•................... `r ....3 - � FEs...............C� THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH w�...... ...............OF. /'1«�.E... . t..lc-v---------- Appliratiun for Uiupuuttl Work,5 Tonutrartion Vrrtnit Application is hereby made for a Permit to Construct ( ,'or Repair ( ) an Individual Sewage Disposal System at: ................................... .....tl1J.l,.��. c..... i.u_ck7� .ea�c L/o/cation-Address or Lot No. J / / Owner / ` -•-_- --••_•-Address �GXI.........d-/-a LZ L.....�- ��lir>.,�t`G........... -•f----•......... ........................... ....._..---........_._._................... Installer Address Type of Building Size Lot............................Sq. feet U Dwelling No. of Bedrooms....................................... .Expansion Attic Garbage Grinder Other—Type of Building .�__S (: �No. of persons__..__!. �.5.7�.___. Showers ( ) — Cafeteria Other fixtures ------- _.._..._.. Design Flow..........2:Lev._ �'..4................gallons per person per day. Total daily flow_........ZL.............................gallons. W ,z WSeptic Tank—Liquid capacity--,. 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 ( ) aPercolation Test Results Performed by.................................................................-....... Date........................................ Test Pit No. l................minutes per inch Depth of Test Pit.................... Depth to ground water....................... (� Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ a •-•••----- •-•••-• ------------••----••-•--------------••---••--•---.......................--•--.....-•-•----•---•-•-----.....................••--...---- 0 Description of Soil...........`.!':......r ----------------------------------- x ----------•--------------------------------- -------------•••..............._--•-• --------------------.--- w ...•-------------------------------•---••-•-•------------------------••------._.....-•-•--•-----......•....... •• ---- .......... V Nature of Repairs or A._.. -•-ions—Answer when applicable............... .. ... ............._................... .................__................ Agreement: The undersigned agrees 7tinstall the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITL E 5 of the State Sanitary Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has beep-isstied by the boar :of Health. p C Application Approved ...... .•-- --•-•- .; _,:-:_...... -- Dade Application Disapprove o t ollowing reasons:................................................................................................................. --•--•-•-•-•--•••••-•....................•--•••-•---......_.......--•-...---•----•---•-•--......-----•--•.............................---....._......._....---•---------•-------.............---•-•--•-•- Date PermitNo.....................-................................... Issued........................................................ Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........................................OF..................................................................................... (Intif iratr of Tompliana T S IS T CER ' , That the Individual Sewage Disposal System constructed Repaired ( ) by\........... Installer _... has been installed in accordance with the provisions of TITLE 5 of The State Sanitary Co . as de• tbed in the application for Disposal Works Construction Permit N _.�.5 .f_______________ dated_ - -. %. .............. THE ISSU CE F THIS CERTIFICATE SHALL NOT BE CONSTRUE® A BJARANTEE THAT THE SYSTEM WI FU T22ION SATISFACTORY. DATE....�...� ...61.....................•---...----•---•••-._...... Inspector...... _..... ......--•-•-•-•--.....---.....--•-•-------•---••..........----.•---- a THE COMMONWEALTH OF MASS CHUSETTS BOARD OF HEALTH ...........................................OF............................................................._....................... �C) No._..�.................� FEE........................ Uiupo 1 r otrnrtion "lerntit Permission is hereb anted.... \_..... to Construct, or it ( n ge Disposal System at --•- No.. �`' Street as shown o/thea icatio for Disposal Works Construction Permit ................... Dated.........._._._...................._...... ............... ...•- .....:.......-------•-•-----•-••-•----•-- Board of Health DATE....... .. FORM 1255 A. M. SULKIN, INC., BOSTON ' BENNETT ENVIRONMENTAL. ASSOCIATES, INC. LICENSED SITE PROFESSIONALS,ENVIRONMENTAL SCIENTISTS,GEOLOGISTS,ENGINEERS r_9 1573 Main Street,P.O.Box 1743 (5Q896-1706 Brewster,MA 02631 fax(5"896-5109 4 V LETTER OF TRANSMITTAL TO: DATE: JOB NUMBE% Mr.Jaime Goncalves,Case Officer 10/12/16 BEA16-10824A MA DEP,Southeast Regional Office(SERO) �J Bureau of Waste Site Cleanup(BWSC) 20 Riverside Drive REGARDING: Lakeville,MA 02347 IMMEDIATE RESPONSE ACTION COMPLETION REPORT w/PERMANENT SOLUTION STATEMENT and Supporting Documentation SHIPPING METHOD: Former Car Dealership: RTN 4-26151 268 Stevens Street Regular Mail ❑ Pick Up ❑ Hyannis,MA [Assessor's Map/Parcel ID 308/17] Priority Mail ❑ Hand Deliver ❑ Express Mail ❑ Other upload ❑X Certified Mail ❑ Green Card/RR ❑ COPIES DATE DESCRIPTION 1 10/5/16 IRAP-PSS Report with Supporting Documentation(Appendices A-G) For review and comment: ❑ For approval: ❑ As requested: ❑ For your use: ❑ REMARKS: CC via CD:Stuart Bornstein,Owner,PRP—Holly Management and Supply Corporation Tina L. Simmons,Environmental Claims Specialist(Zurich North America,Claim#4120004093) *Abbreviated hard copy: Thomas McKean,Director—Barnstable Health.Division John Cosmo,Fire Prevention Officer/Lieutenant —Hyannis Fire Department Mark S.Ells—Barnstable Town Manager *As part of Public Notice requirements,the report Title Page,Narrative,Index,Transmittal forms and Site Plan are included,pursuant to paperwork reduction policy. The full report is available as public record on the MA DEP website database at http://public.dep.state.ma.us/SearchableSites/Search.asp or, upon written request to BEA,full copy(electronic or paper)will be provided. FROM: David C.Bennett,LSP,President/Todd M.Everson,ES,Senior Project Manager/lr If enclosures are not as noted,kindly notify us at once IMMEDIATE RESPONSE ACTION COMPLETION REPORT WITH PERMANENT SOLUTION STATEMENT SUPPORTING DOCUMENTATION RTN 4-26151 Former Car Dealership 268 Stevens Street, Hyannis, MA BEA16-10824A OCTOBER 5, 2016 BENNETTENVIRONMENTALAsSOCIATES, NCO . LICENSED SITE PROFESSIONALS 6 ENVIRONMENTAL SCIENTISTS 6 GEOLOGISTS 6 ENGINEERS 1573 Main Street-P.O. Box 1743, Brewster, MA 02631 508-896-1706 Fax 508-896-5109 © www.bennett-ea.com BEA16-10824A October 5, 2016 Mr. Jaime Goncalves, Case Officer MA DEPARTMENT OF ENVIRONMENTAL PROTECTION (MA DEP) Southeast Regional Office (SERO) Bureau of Waste Site Cleanup (BWSC) 20 Riverside Drive Lakeville, MA 02347 RE: IMMEDIATE RESPONSE ACTION COMPLETION REPORT WITH PERMANENT SOLUTION STATEMENT Former Car Dealership: RTN 4-26151 268 Stevens Street—Hyannis, MA [Assessor's Map/Parcel ID 308/17] Dear Mr. Goncalves, BENNETT ENVIRONMENTAL ASSOCIATES, INC. (BEA) has prepared the following Immediate Response Action Completion (IRAQ with a Permanent Solution Statement (PSS) and Supporting Documentation, as a summary of release discovery,preliminary response, environmental assessment, and remedial response actions conducted under verbal authorizations since Release Notification on June 10, 2016. Pursuant to 310 CMR 40.0410, Immediate Response Actions were undertaken to evaluate the presence of any Imminent Hazards, and to mitigate potential human exposures and environmental impacts associated with the sudden release of some 30 gallons (+/-) of gasoline and hydraulic oil from a mechanical lift that fell through the first floor to the basement within the subject building at the above referenced property. The gasoline and hydraulic oil spill was released to standing water,representing exposed groundwater,in the basement of the subject building. The containment provided by the concrete foundation walls and floor and expedited removal of floating free gasoline/hydraulic oil (LNAPL) with treatment of dissolved phase petroleum hydrocarbons was the remedial strategy implemented, to prevent the release from mobilizing to the environment. Response actions performed under the IRA in the initial 120-Day period have included: 1)the active and passive ventilation of the subject building to absolve accumulated VOCs on the day of the release; 2) the removal of approximately 3,755 gallons of impacted water and LNAPL from the basement via vacuum truck; 3) the use and containerization of oil absorbent pads and booms to recover LNAPL from standing water in the basement;4)the operation and maintenance of a Granular Activated Carbon(GAC)pump-and-treat system to remediate some 36,772 gallons of impacted water from within the basement; and 5) the sampling and analysis of the on-site, pre-existing monitoring well network,to qualify potential impacts to local groundwater as a result of the release. EMERGENCY SPILL RESPONSE & WASTE SITE CLEANUP & SITE XSSESSMENT A PERMITTING & SEPTIC DESIGN&INSPECTION WATER SUPPLY DEVELOPMENT,OPERATION&MAINTENANCE & WASTEWATER TREATMENT,OPERATION&MAINTENANCE OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 2 OF 20 IRAC-PSS,RTN 4-26151 Field screening results and laboratory analytical data were used to evaluate exposure risks to identified human and environmental receptors. Based on the results of oily-water removal, GAC Influent/Effluent testing and groundwater monitoring at representative monitoring wells, No Substantial or Imminent Hazards are associated with existing environmental conditions at the Site, wherein the applicable GW-2 and GW-3 Risk Characterization standards have been met.The physical hazards associated with the collapsed floor and remaining structural and overhead issues in the basement around the perimeter of the lift have precluded the removal of remaining automotive fluids in the fallen lift,as will be addressed/recovered when current safety hazards and structural limitations of the compromised building have been mitigated as part of future demolition. Environmental assessment of soil along the bottom of the exterior ramp leading to the basement, which were in contact with the impacted standing water,has demonstrated no significant impact associated with the subject release. A preponderance of physical evidence, including laboratory analyses under Method 1 Risk Characterization,has demonstrated no significant residual impacts associated with the subject release. No Substantial or Imminent Hazards are reported, and no Critical Exposure Pathways are present under existing conditions following groundwater treatment. As such, Site and environmental conditions support a condition of No Significant Risk as the basis for the IRA Completion and Permanent Solution Statement without conditions in accordance with the provisions of 310 CMR 40.0427 and 40.1040, respectively. This work has been conducted under direct LSP oversight in a manner consistent with the MCP Response Action Performance Standards (RAPS) pursuant to 310 CMR 40.0191 and the QA/QC policies of BENNETT ENVIRONMENTAL ASSOCIATES, INC. The facts and statements herein are, to the best of our knowledge, a true and accurate representation of the Site activities, remedial response actions and environmental conditions associated with the project and LSP Opinions acknowledged by the certification on the attached BWSC-104 and BWSC-105 forms. ENVIRONMENTAL CONDITIONS [Refer to Appendix A] The property at 268 Stevens Street is located on the west side of Stevens Street, at the intersection of North Street and Stevens Street [Refer to Figure 1]. Assessor's records identify the 1.48 acre lot as Parcel 17 on Map 308. The Subject Property is developed by a 1.5 story building with a partial full basement. The surrounding area is highly developed in mixed use with commercial and residential properties. The latitude and longitude coordinates for the property are 41.65088 N, 70.29436 W. The property is unoccupied,vacant and without power,effectively abandoned,pending sale of the property and intended demolition and redevelopment. The building is kept locked. Access to the subject property is restricted by temporary, metal security fencing, with high frequency/low intensity of use and children potentially present. Access to the area of release,located in the basement of the locked building, is restricted with low frequency/low intensity of use,with children unlikely to be present. On-site workers and visitors to the subject property are identified as the primary potential human receptors to potential exposures. The subject property is upland. The topography is generally flat at approximate 31' NGVD, although grade gently slopes away from the building to the east, south and west, respectively. OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 3 OF 20 IRAC-PSS,RTN 4-26151 Hydrogeologic references report groundwater at approximately 15'NGVD (+/-) and within some 15' (+/-) of grade surface. Static water level measurements recorded at pre-existing monitoring wells report local groundwater within 10' of ground surface, with some 4-6" of standing water present in the basement at the time of release, consistent with the elevation of measured groundwater in monitoring wells.The periodic flooding of the basement by groundwater is evidenced by the elaborate dewatering system that was constructed and operated within the basement of the building until the building was abandoned, some 6-12 months prior to release. Regional groundwater contours indicate a south-southeast groundwater flow direction towards Snow's Creek and Lewis Bay beyond [Refer to Figure 2]. Local groundwater flow based on static water level measurements recorded from on-site monitoring wells indicates local south to southeasterly groundwater flow direction towards Stewart's Creek. Stewart's Creek, Snow's Creek and Lewis Bay are considered the primary potential environmental receptors under Method 1 Risk Characterization. According to the MA DEP BWSC GIS mapping,the Subject Property is located within allon- Potential Drinking Water Source Area(NPDWSA)based on the intensity of development, including commercial and industrial use businesses [Refer to Figure 3]. As such, the RCGW-2 Reportable Concentrations are applicable for groundwater quality pursuant to 310 CMR 40.0362. Similarly,the GW-2 and GW-3 groundwater categories are applicable to Method 1 Risk Characterization, relative to potential human exposures and significant environmental impact, pursuant to 310 CMR 40.0974. Based on the site features with nearby residential properties, the RCS-1 Reportable Concentrations are considered applicable for soils per 310 CMR 40.0361. The S-1, S-2 and S-3 (GW-2/GW-3) soil categories are considered applicable to Method 1 Risk Characterization relative to potential human exposures and significant environmental impact per 310 CMR 40.0975. These standards were developed in consideration of potential ingestion,particulate inhalation and environmental exposures, and in review of potential leaching of contaminants to groundwater(GW-2/GW-3). For the purpose of risk characterization in consideration of future use of the property, the most stringent S-1 (GW- 2/GW-3) criteria are applied to Method 1 Risk Characterization. BACKGROUND [Refer to Appendix B] On June 10, 2016, workers for the perspective buyer were using a mechanical lift inside the subject building to facilitate the removal of building materials in preparation for the eventual demolition of the building. The concrete slab beneath the mechanical lift failed and the lift fell through the floor into the basement. Two workers were thrown from the lift's platform, landed on competent portions of the first floor slab and suffered serious injuries. As a result of the mechanical lift falling into the basement, gasoline and hydraulic fluid were released to the exposed groundwater standing in the basement. Hyannis Fire and Rescue personnel responded to the incident. Subsequent to caring for the injured workers and transporting them to hospitals for emergency medical attention, Hyannis Fire Department personnel (Deputy Chief Dean L. Melanson) remained in control of the scene due to the intensity of gasoline vapors both inside and immediately outside the building, as a fire hazard. The fire department opened garage doors for passive ventilation, and established a perimeter outside the building against inhalation exposures. BEA and Global Remediation were contacted by the property owner to respond to the scene in order to recover LNAPL from the standing OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 4 OF 20 IRAC-PSS,RTN 4-26151 water, monitor organic volatile concentrations inside the building, and improve ventilation to reduce gasoline vapors inside the building, so that Hyannis Fire Department personnel could safely inspect the lift and eliminate potential ignition sources. PRELIMINARY RESPONSE ACTIONS Upon arrival that afternoon, BEA personnel consulted with Hyannis Fire Department personnel (Deputy Chief Melanson) about hazards and authorized areas of passage;the Hyannis Fire Department reported that there was no electricity to the building as it had been removed prior to the release. Global Remediation Services personnel arrived shortly thereafter. Based on the collapsed concrete slab and potential for further structural compromise of the first floor, the entire area around the collapsed floor and mechanical lift, on both the basement and first floors, was precluded from passage. BEA performed indoor air screening with a photoionization detector(PID) [MiniRAE 3000, 10.2 eV lamp, calibrated to benzene standard] along the basement area, wherein Total Organic Volatiles (TOV) concentrations were reported between 19 and 30 ppmv,with a strong gasoline odor. BEA set up a commercial-grade ventilation fan at the basement stairs near the south end of the building, to initiate positive ventilation and direct TOVs outside the building. Hyannis Fire Department provided electric power and lighting from the generator on one of the trucks on scene. Subsequent to active ventilation, BEA personnel donned full-face respirators and other appropriate Personal Protection Equipment(PPE)and,with approval by incident commander,entered the basement to start LNAPL recovery. At that point, a vacuum truck contracted by Global Remediation Services arrived to skim LNAPL and dissolved-phase impacts from the standing water in the basement. The vacuum truck set-up at the exterior ramp near the north end of the building. BEA and Global Remediation personnel employed hydrophobic oil-absorbent booms and pads to corral LNAPL and direct it towards the vacuum truck. During such work, groundwater was observed actively infiltrating the concrete floor at several sumps noted throughout basement, thereby precluding mobilization of the LNAPL and impacted groundwater from the basement to the environment. Expired booms and pads were placed and secured in a steel 55-gallon drum. Booms and pads that had remaining utility were left on the standing water surface to corral and passively absorb LNAPL. With work ongoing, BEA called the MA DEP after-hours emergency line in order to make Release Notification for a 2-Hour Reportable Condition, based on a sudden release. MA DEP Emergency Response personnel from the Southeast Regional Office(Jaime Goncalves, Case Officer) followed up with Deputy Chief Melanson. It was reported that approximately ten gallons of gasoline were released, as were approximately 20 gallons of hydraulic fluid. The Department provided verbal authorization to continue the ongoing response, including active ventilation and skimming of free floating product from the standing water. The Department registered the subject release as an Immediate Response Action and assigned Release Tracking Number(RTN) 4-26151. At approximately 6:30 pm, after some three hours of preliminary response actions with the placement of absorbents and venting, BEA performed indoor air quality screening, wherein TOV concentrations were reported between 6 and 10 ppmv. Given the reduced TOV concentrations, Hyannis Fire Department personnel entered the basement, approached the mechanical lift and OCTOBER 5,2016 FORMER CAR DEALERSHIPBEA16-10824A PAGE 5 OF 20 IRAC-PSS,RTN 4-26151 removed the battery as the final potential ignition source. BEA subsequently recovered equipment and departed the Site as Hyannis Fire Department personnel secured the building. The vacuum truck removed approximately 775 gallons of LNAPL and impacted water that day, taken off-site for disposal under a properly executed hazardous waste manifest. ENVIRONMENTAL ASSESSMENT BEA (David Bennett, LSP) returned to the subject property on June 13, 2016, to meet with representatives from the MA DEP, Hyannis Fire Department and the Barnstable Health Department to review the circumstances of release, discuss work already undertaken,and develop a plan of action. BEA proposed additional skimming of the standing water in the basement with a vacuum truck to further remove LNAPL. BEA also proposed a pump-and-treat system using Granular Activated Carbon (GAC) to remove dissolved-phase organic contaminants, with the effluent treated to at least the applicable GW-2/GW-3 Method 1 Risk Characterization standards and discharged to the basement. The MA DEP was in agreement with the concept. At the conclusion of the meeting, BEA screened indoor air at the entry point to the basement with a PID,with greatly diminished odor noted as a result of prior remedial response efforts. A TOV concentration of<0.5 ppmv was reported. Inspection of the standing water reported a heavy sheen and saturated pads, but no visible LNAPL. BEA collected a sample of the standing water for MA Certified analysis of extractable petroleum hydrocarbons and target poly-nuclear aromatic hydrocarbons (EPH/PAH), as well volatile petroleum hydrocarbons (VPH) and target analytes, to compare against applicable Method 1 standards, and in consideration of carbon use for treatment system specifications. Laboratory analysis reported significant fractional EPH concentrations(C 11-C22 Aromatics, C 19-C36 Aliphatics)greater than the applicable GW-3, Method 1 Risk Characterization standards. Detectable concentrations of C9-C18 Aliphatics,as well target PAHs,and fractional VPH and associated target analytes were also reported; however, such concentrations were less than the applicable GW-2/GW-3 Method 1 criteria. These laboratory results are summarized in Table I. The significance of these results is further discussed on the Risk Characterization section of this report. On June 24,2016,BEA contacted the Department(Jaime Goncalves, Case Officer)to discuss additional response actions proposed in prior communications. The Department granted verbal authorization for the removal of LNAPL and treatment of contaminated groundwater in the subject basement with a GAC system wherein three volumes of water(45,000 gallons)was anticipated. That morning, BEA met with Global Remediation Services personnel at the Site to discuss logistics for set-up and operation of the proposed GAC system to be complemented with skimming of standing water with a vacuum truck. BEA and Global personnel identified an existing sump area that could be retrofit with a portable sump pump towards active pump-and-treat. This sump was centrally located within the basement, an appropriate location to draw LNAPL towards for recovery, as well as treatment of dissolved phase impacts. BEA and Global used oil absorbent booms to corral LNAPL towards the centrally located sump, and subsequently containerized spent pads in a steel 55-gallon drum before securing the Site and departing. In the following week, BEA coordinated carbon usage estimates and equipment rental from Carbon Filtration Systems of Pascoag, RI. The proposed treatment system would utilize a portable sump pump to direct impacted standing water to a frac- tank, and from there use a trash pump to direct contaminated water through a series of two, 2,000- OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 6 OF 20 IRAC-PSS,RTN 4-26151 pound,welded steel GAC units,with discharge to the standing water in the basement. The beginning of such work was scheduled for July 5, 2016. TABLE I:268 STEVENS STREET,HYANNIS,MA--RTN 4-26151 SUM IARY OF STANDING WATER ANALYSES-EPH,VPH _ - _.-...-_.... .._.--- _ -._ ... .- _- . . METHOD 1 RISK CHARACTERIZATION Sample Number: 1 Sample Identification: STANDING WATER IN BASEMENT Sample Date: 6/13/2016 VPH/TARGET ANALYTES(ug/1) GW-2 GW.-3 Adj C5-C8 Aliphatics 3000 '50.000 <100 Adj C9-C12 Aliphatics - 5006 "50000 220 C9-C10 Aromatics 4000 50000 <100 Methyl-tert-butylether 50000 50000 <5 Benzene 1000 10000 <5 Toluene 50000 40000 20 Ethylbenzene 20000 5, 10 m,p-Xylene 3006 5000 37 o-Xylene ___........_.._..--•-..---- - - 3000 S000*' 21 _.. . ._.... ... _... _ .-. -- - Naphthalene 700 -,20000 13 EPH/PAH(ug/1) C9-C18 Aliphatics 5000 5000-0 2300 C19-06 Aliphatics 56060 150000 Adj.C1 1-C22 Aromatics 50060 5000 5600 Naphthalene 700 20000 13 2-Methylnaphthalene 2000 20000 110 ... . _-- _. ._.._... ----- __._._ _.-,...__. AcenaP hthy lene 10000 "- 40 14 Acenaphthene 10000 8.8 Fluorene 40 <7 Phenanthrene 10000• 10 Anthracene 30 <7 Fluoranthene 200. <7 Pyrene 20 <7 Benzo(')anthracene '1000 <7 Chrys ene 70 <7 Benzo(b)fluoranthene 400 <7 Benzo(k)fluoranthene 100 <7 Benzo(a)pyrene 500 <7 hideno(1,2,3-cd)pyrene 100 - 9.2 Dibenzo(a,h)anthracene 40 13 Benzo(g,h,i)perylene 20 7.9 VPH=Volatile Petroleum Hydrocarbon. EPH=Edractable Petroleum Hydrocarbon,PAH=Polynuclear Aromatic Hydrocarbon. Bold indicates greater than Method 1 standard.<indicates Non-Detect concentration. f OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 7 OF 20 IRAC-PSS,RTN 4-26151 REMEDIAL RESPONSE/ENVIRONMENTAL MONITORING On July 5,2016,BEA returned to the Site to implement the Immediate Response Action. The frac-tank and GAC filters were positioned along the east sidewall of the building. A vacuum truck provided by Global Remediation was set up to skim the standing water in the basement. Upon completion of setting up the equipment, BEA directed a safety tailgate meeting. Through the remainder of the day, standing water was pumped from the basement to the frac tank. Standing water was also pumped from the sump directly to the GAC filters, in order to off-gas and soak the carbon overnight against channeling and otherwise incomplete treatment. The vacuum truck removed some 1,869 gallons of LNAPL and impacted water that day, transported off-site under a proper hazardous waste manifest. At the end of the day, all hoses, cords and pumps were secured inside the building and BEA's equipment trailer. BEA returned the next day, July 6, 2016 to start batch treatment of exposed groundwater in the basement and to remove dissolved phase petroleum hydrocarbons using granular activated carbon (GAC). Additionally, a sample of the concrete in the impacted area of the basement was taken, to qualify potential impact in consideration of future demolition and disposal of the concrete foundation. During the startup of the groundwater treatment system, BEA directed Global Remediation Services to skim the standing water with a vacuum truck in the sump area used to pump standing water into the weir tank and through the GAC system. Upon start-up of the GAC treatment system, BEA collected Influent and Effluent samples for EPH/VPH analyses to qualify significant residual impacts and treatment performance per the requirements of 310 CMR 40.0045. The Influent sample was collected from the standing water in the basement at the sump pump intake as representative of the water entering the frac-tank and treatment system. The Effluent sample was collected after the second in-series GAC filter as representative of the water returned to the basement. Approximately 10,552 gallons of impacted standing water were treated that day and some 1,131 gallons of oily water were removed that day. At the end of the work, skimming and treatment operations were successful in removing LNAPL, wherein globules of free floating product were rare, and the petroleum odor and sheen was diminished to barely noticeable. Laboratory analysis reported marginal concentrations of fractional EPH compounds less than the applicable S-1 (GW-2/GW-3), and strictest S-1 (GW-1), Method 1 Risk Characterization standards. These laboratory results indicated that the concrete floor did not require special handling or disposal as remedial waste. Laboratory analytical for Effluent testing reported all EPH, VPH and target analyte concentrations as Non:Detect (ND), wherein the reporting limits were less than the applicable GW-2/GW-3 Method 1 Risk Characterization, and most restrictive GW-1 standards as demonstrating effective treatment. Laboratory analysis reported modest fractional EPH (C 11-C22 Aromatics, C19-C36 Aliphatics) concentrations for the Influent as less than the applicable GW- 2/GW-3 Method 1 criteria. It was noted that the C 11-C22 aromatic concentration in Influent was marginally greater than the most restrictive GW-1 standard. The Influent and Effluent analytical results are summarized in Table II. The significance of these results is discussed in the Risk Characterization section of this report. OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 8 OF 20 IRAC-PSS,RTN 4-26151 TABLEII:268 STEVFNS STRFEI',HYANNIS,MA-RTN 4-26]51 -._.._A_ ___SUMMARY OFREMEDIAL SYST�MOBeM(INF[.UINT/EFFLUI'7V� EPH,VPH___ WMOD 1 RISK CHARACCIIUZATION CLIFNTSAMPLEID EFFLUFN'C ..._INFLUENT..j_ ._EFFLUFN'P..1. INFLUENT EFFLUENT "I INFLUENT _._. SAMPLING DATE _. __ _ _ _ __ ,06 JU416 -_.,_06_JUL16_.! _..._D7JU416. i, .. ..07 JU416 20-JU1�16 t _._ 20-JUL 16 LAB SAMPLEID IL1620858-01 L1620858-02 i L1621063-01 ! L 021621063- L1622767-01 i L1622767-02 VPH/TARGEI•ANALYM GW-2-14 GW-3-14 Units Qual QU21 Qu.] 1 ual Qual i Q.21 Benane 1000 30000 u/I 2 U 2 U 2 I U 2 U 2 ' U 2 U_ CS C8,Ahpha ics,Adjusted 3000 =50000 ug/1 50 U 50 U 50 U 50 ' U 50 1 U 50 U C9-C10Aromatics .4000. 50000 ug/1 50 U 50 i U 50 _ U 50 _ , U _50 U 50 U C9C12Ahphatics,Adjusted 5000 -50000• ug/1 50 U 50 U 50 U 50 U 50 t U 50 U Fthylbenane ..__. 20000 5000 ,ug/1 _ _2_ !_U 2 ! U 2 U 2 U 2 U .. 2 U Methyl tert butyl ether 50000 50000 ug/I_ 3 U 3, t U 3 U 3 U 3_. U 3 U ..._.. __ 1 U. . _.. .. _.. Naphthalene .._. 700 20000 ug/l._. ...4. .. ... U 4 U 4 U 4 _ ...U. .4 U .4.... U.. _...g._..... _.. .. ...._ _. !. U 2 U 2 U 2 o X lene 3000 5000 Ugh 2 U 2 p/trFX lene u 2 3000 5000 g/1..., U 2 U 2 U ..2 -U _.2 r U .. 2 _..._ .U. Y. ..._.._.. ._ _... _ _. .. _.._._.. ... .. .. ...., . . .. .._ Toluene 5000D• .40000 u/1 2 ! U 2 i U 2 1 U 2 U 2 U 2 U EPH/PAH i 2-Methylnaphthalene 2000 •20000, uo 0.4 U 0.4 j U 0.4 ! U 0.4 U 0.4 `. U 0.4 U Acenaphthene.• 10000' ug/1 _ 0.4 U_ 0.4 U_ 0.4_ ! U 0.4 U 0.4 f U _ 6.4 U Acenaphthylene 10000 40 ug/1 0.4 .0 0.4 U ,04 U .,.Al U_ 01 � ,U 04 U Anthrscene 30 .ugl 0.4 U ,__OA j ,U 0.4 _ U 0.4 U _ 0.4 U 0_4 13en4(a)enthmcene 1000 ugA__ 04 _ U _... -0.4--.1. _ 04 t U 0.4 ]3enm(a)pyrene ,500 Ro 0.2 U....._. 02 _j U .. 02 ...0 0.2 U 02.. U 02 - -U_. ]3enm(b)0uomnthene - 400 uO 0.4 U 0.4 s U 04 U 0.4 U 04 U 04 U Henm(gh)perylene .---_ 20 ug/1 0.4 U 0.4 _ U 04 U 0.4 ...U. .... 0.4 ]3enm(F:)Ouoranen the : 100, ug/1 0.4 U 0.4 U 0.4 U 0.4 _ _U OA 't U_ 04 _U __. Cll-CL2Aromatics,Adjusted 50000 - i000 ug/1 100 U 284 100 U 153 207100 U _.. .. _. .... ._.. . C19 C36 Al�hatics ,50000 ug/1 _ 100 U 6280 100 U 2920 100 U 100 U C9-C18Aliphat_cs_ 5000 50000 ugA 100 U 100 ` U 100 U 100 U 100 ! U 389 Chrysene 70 ug/I OA U 0.4 .U_ 0.4 U 0.4 _U 0:4 U 0.4 U Drbenm(eih)an[hmeene 40 ugfl 0.4 U .OA U _ ,0.4 U. 0.4 _U• 0.4 U, 0.4 - U Fluomnthene _ 200 ug/I 04 U 04 ..! U 04 _ ' U 0.4 U 0.4 U _ 04 U .._ .. _ _ Fluomne '40 ug/1 04 U 04 { U 04 U 0.4 U 04 U 04 U _. _ .. .__ Indeno(1,2,3-ed)PZrene 100 ug/1 04 U 6.4 r U 04 `: U 0.4 U 04 € U 04 U ... t .... Naphthalene 70D 20000 ug/I 04 U 0.4 U 04 U 0.4 U 6.4 U 0.4 U Phenanthrene .10000 ug/I 0.4 U _04 ! U 0.4 U 0.4 U 0.4 U__ 04 U ..�.__......_......,_._._ _._ .. _ .. ._. ....... .... .. _,... _. ._....... .. Pyrene «20. u/I 0.4 U 0.4 ! U 0.4 i U 0.4 U 0.4 i U 0.4 U VPH=Volatile Petroleum Hydrocarbon,EPH=Eamctable Petmleum Hydmcarbon,PAH=Polynuclear Aromatic Hydrocarbon. U indicates Non-Detect concentmtion. BEA returned again on July 7, 2016,to run the system for another day in order to process the impacted standing water again towards complete treatment. Influent and Effluent samples were collected in review of significant impacts and treatment performance. Approximately 21,020 gallons of standing water were treated through the GAC system that day, bringing the total volume over two days of treatment to approximately 31,572 gallons. Laboratory analysis reported all EPH, VPH and target analyte concentrations for the Effluent as ND, wherein the reportable limits were less than the applicable GW-2/GW-3 Method 1 criteria and most restrictive GW-1 standards. Laboratory analysis of influent reported diminished fractional EPH (C l l-C22 Aromatics, C 19-C3 6 Aliphatics) concentrations for the Influent as less than the applicable GW-2/GW-3, and most restrictive GW-1 Method 1 criteria. During treatment system operation, BEA completed a level-loop to survey the top-of-casing elevations of six pre-existing monitoring wells to a common vertical datum,in order to establish local groundwater flow direction and a projected solute transport pathway, in review of data representativeness and usability. Static water level measurements recorded at the on-site wells have demonstrated a south to southeasterly groundwater flow direction, consistent with regional flow, and monitoring wells MW-6 and MW-5 had been established as within the projected spatial solute pathway. BEA collected groundwater samples from wells MW-6 and MW-1, respectively, via low- flow methodology, for EPH, VPH and target analyte concentrations, to qualify potential impacts related to the release in review of risk characterization. Laboratory analysis reported all petroleum hydrocarbon and target analyte concentrations for both wells as ND,wherein the reporting limits were less than the applicable GW-2/GW-3 Method 1 Risk Characterization criteria. The reporting limits I OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 9 OF 20 IRAC-PSS,RTN 4-26151 were also less than or equal to the strictest GW-1 Method 1 criteria,indicating background conditions with respect to groundwater quality. On July 11, 2016, BEA returned top collected the balance of groundwater samples from monitoring wells MW-3, MW-4 and MW-5 to complete the initial groundwater assessment. Of the existing monitoring wells, MW-2 was not sampled based on its location as up-gradient from the area of release and outside the projected solute pathway. Laboratory analysis reported all EPH, VPH and target analyte concentrations as ND, wherein all reporting limits were less than the applicable GW- 2/GW-3,Method 1 Risk Characterization standards. The reporting limits were also less than or equal to the strictest GW-1 Method 1 criteria,indicating background conditions with respect to groundwater quality. The laboratory results for the monitoring well testing are summarized in Table III. The significance of these results is discussed in the Risk Characterization section of this report. TABLEID:268 STLVINS STREET,IIYANNIS,MA-RTN 4-26151 SUMMARY OFMOMTORING WELL ANALYSES-1 P$VPH MEIHOD 1 RISK CHARACTERTLATtON CLHIVTSAMPI.EID _ �_ MW i MW-3 1 MW 3 MW-1 MW-1 _ MW 5 MW 5 MW-6 MW-6 .. _.___ _ ..___ .. ' SAAVUNGDATE _ 07.IUI.16 11.IUL16 t SFP 16 11.TU416 ' 1_SFP-16 11JU416 12S}P 16 075UL•16 12SFP 16 LAB SAMPLEID L1621067-02 L1621345-01! IL1628711-04' L1621345-02 L3 6 2871 1-03 L1621345-03 L1628711-02: L1621067-01I iL1628711-0I VPH?ARCEFANALYI'FS GW-244 GW.3-14 U°Its Q Q Q Q i Q 0 ! He ne IODD k; •-'10000` ug/1 2 U 2 !U 2 'U 2 IU 2 .0 2 U 2 :U 2 �U 2 `U CS-CS Ah hot ,U usted '3000 2' .50DOO _._ .. .... ......_ _5 ._ . .P J ug/I 50 ,U 50 �U 50 U 50 U 50 �:U 50 iU 50 jU 50�� �U � ��50_...,.0 C9-CI0 ATMatics 400D'. 50000 ug/1 50 U 50 U 50 U 50 U 50 U 50 U 50 U 50 U 50 U C94:I2 ABph t AdJu I d SODD� 50000 _. -..._ugn 50. ..._.-U 50 -U_ f U 50 ... .._...- _...._._.._...�.. _. _ _ Flhy@emmIe !20000 ,5000.. ugn 2 'U 2 U 2 U 2 U 2 'U 2 U 2 i U 2 U 2 U Methyl t<n butyl ether 50D00 50DOO ugn 3 vU 3 ;U 3 U 3 U 3 U 3 !U 3 :U 3 'U _ 3 U N phthakne."_.__-.._ 70Dr .20000 ...._u6n .. . 4 U 4 :.0_.. 4__..0 _4_._. U 4 'U _.4.. U < .,.0 ._ 4 U .. 4 U _. oAXykne 3000 5000 ugn 2 -U 2 !U 2 iU 2 U 2 rU 2 .0 2 -(U 2-- U 2 U p/_Xyknc 3W0 SOW uBn. ._- _i._._..0_._..2 :U 2 U 2 U 2 U 2 rU 2_..,U .1_ .0 _ 2. .. IU Toluene 3WW_-. 4aooD un z Iv 2 �u z - ._.0 2. U .._ z ;u ._. ? .. �ti .- 2 - 'u _ 2_. .v 'z u EPIFPAH 2-Meth phthalene ',2000.' .20000 ugn 0_4 U 04 U 04 _ 'U 0.4 'U 0.4 U 04 .U 0.4 t U OA U 0.4 i U A phthen 'ter. 1000D ug/I 0.4 U 04 U 04 U 04 U 0.4 U 04 IU 04 +U 04 U 0.4 AU 1WW.t -40 _. .. _._ .._. .._ .... u/1 0.4 U O4 U 04 U _ 04 U _ 0.4 ,U 04 iU 04 Anthracene 30. ugn 04 s U 0.4 U 0.4 U 04 U 0.4 :U 0.4 .U 0.4 i U 0.4 Ben�apnthmeene 1000 ,.ugn . 0:4 0.4 U 04 �U _.0.4 U ..., 04,.,. . U 04 __'U 04 -U 0.4 I U ..__.. ._. _ _ Benm(a_ .._.... ... )pymm 5W ng4 - 0.2 U _.._02 ;U 01 U 0.2 'U. .,0.2 U o2. U 02 'U 0.2 U 0.2 ,U -- - ._.. .__. . . Henm(b)0uomntheoe 400 g 'U 04 ;U 0.4 i U 0.4 'i.U 0.4 U u n 0.4 U 0.4 ;U 0.4 U 0.4 U 0.4 20 ..°6n. .A. !U, 0.4 !.U 0.4 U _0.4 ._.U OA ',U 0.4 U._.. 0„_4 _ U _ 0A 'U_ _0.4 _ 'U Benm(A�Ouoranthene_ „ 100 ugn OA .U _04 U OA U 04 U 0.4 U 04 .U 04 1 U 0.4 U _ _OA t U _. _._.. ____. _ .. __ ..______._ _ _ _ _ CII-C22Ammatics,AdJusted 50000 So00 ug/I 1W !U lOD �U 100 U 100 U I00 .0 1W_ U 1W -U _ _100. .lU - 100- IU C19436A'halics ..._.. .5000D ....ug/I... ..... IOD. .. .U_ 100 _ U ..I00-. U »_ 100... U _ 100 :U _ 100 7U IW U 1W U 100 :U ., .,._ _ C9-CISAh�t s 50DO SOODO ugn IW �U 100 i.U 1W �U IW U IiZ U 100 ;U 100 ;U - 10D U 100 -t U ........._ _..4... _.. ..__... ..._....._. _.. .. .- _ ... .-t - Chrysene - - ..70 ug/I D:a ;U 0.4 !U 0.4 U 04 .U 0:4 U 04 i U 0.4 'U 0.4 j U 0.4 U IDb (oh)anthmcene ` 40 ugn 0.4 U 0.4 j U 0.4 ,U 0.4 U 0.4 `U 0.4 U 0.4 i U 0.4 _. FI th 200 ug/I„ 04 U ,04.,.,.,U 04 '.U 04 U 0.9 U 04 U 0.4 f U 0.4 U 04 'U - - __._. _ ...._. _ ..._.. _ Fl nc 40 ug/l OA U 04 1 U OA 'U 0.4 U 0.4 _ - _ !U 04 :U 0.4 IU 0.4 IU 0.4 :U Indeno(1,2,3<d)P}•rene 1(q ugn 04 U 0.4 U OA yU 0.4 U 0.4 I U 0.4 !U 0:4 U 0:4 U 0:4 .U .. _ ._ ._ _ .. . N,phth Iene ,,7W= _200W ugn _ 0_4 U_ _ 04 U 04 U O.4 U _ 0:4 _ U O4 U 04 _i U 0A ,U__ OA 'U Ph nanthrene IODOO ugn 0.4 U O4 I U 0.4 1U_ _OA I U_ _ 04__ U 0_a U O4 i U 0.4 P,,ne 20 u n 0.4 !U OA ;U 0.4 U 0.4 U 0.4 �U 0.4 i U 0.4 U 0.4 :U 0.4 `U drocarbon,EPH=Emactable Petmleum,Hydmcorbon,PAH=Polynucle°rAmrmtic Hydrocarbon U indicates Non-Detect concenwtion. BEA returned to the subject property on July 20, 2016, to perform additional groundwater treatment as well as a series of slug tests to qualify hydraulic conductivity, in order to estimate groundwater velocity and solute Time of Travel. BEA personnel performed a series of three slug tests at monitoring well MW4, wherein the recharge time within the well was recorded. The AQTESOLV software (Geraghty & Miller, Inc.) was used to interpret the slug test results, and a hydraulic gradient wherein a Hydraulic Conductivity(K) of 0.79 ft/day was calculated. Based on the hydraulic conductivity and hydraulic gradient across the Site, the Time of Travel from the release area to the down-gradient monitoring wells MW-5 and MW-6 were estimated as 56 days (August 5, 2016) and 85 days (September 3, 2016), respectively [Refer to Appendix B]. As such, the initial groundwater sampling was done outside the Time of Travel, and additional sampling within the Time of Travel remains appropriate and necessary to evaluate groundwater within the spatial and temporal solute transport pathways. OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 10 OF 20 IRAC-PSS,RTN 4-26151 That same day, BEA conducted another batch treatment of the standing groundwater in the basement through the GAC system. The standing water in the basement was noted to have dropped with each successive treatment and on this day, the groundwater level was noted as below the level of the basement floor, though standing water remained in the sump used as the intake point for treatment of the impacted water. BEA processed the water left in the frac-tank through the GAC filters and return it to the basement. Approximately 5,200-gallons of water were pumped from the frac tank through the GAC filters and returned to the basement that day. The total volume of impacted water treated over the three days of GAC system operation was approximately 36,772-gallons. BEA again collected Influent and Effluent samples for performance evaluation,wherein laboratory analysis reported all EPH, VPH and target analyte concentrations less than the applicable GW-2/GW-3, Method 1 Risk Characterization standards [Refer to Table II]. Counter to previous treatment system testing,the influent sample reported a fractional EPH compound(C 11-C22 Aromatics)concentration marginally greater than the GW-1 threshold. Laboratory QA/QC identified multiple issues with surrogate recoveries and Relative Percent Differences (RPDs) as indicating potential low bias. Re- analysis of the Effluent sample reported all EPH,VPH and target analyte compounds as ND. Despite the analytical issues, the data was considered appropriate to meet Presumptive Certainty for its intended use to evaluate treatment performance, wherein all tested compounds met the treatment objective concentrations: the applicable GW-2/GW-3, Method 1 Risk Characterization standards. Having met treatment objectives through GAC remedial system operation, BEA coordinated system shutdown, cleaning and removal of the treatment system equipment. The remaining water in the frac-tank was pumped and vessel cleaned by Global Remediation Services on July 22,2016. Some 350-gallons of wastewater were generated by such cleaning, as was transported off-site for appropriate disposal under a properly executed hazardous waste manifest. On July 27, 2016, BEA personnel provided access for the frac-tank to be hauled off-site by the vendor. Per the vendor requirements for GAC disposal/regeneration,BEA also collected a sample of the used carbon from the second in-line GAC filter for TCLP analyses (RCRA 8 Metals, VOCs, and Semivolatiles). Laboratory analytical reported all TCLP results as ND with the exception of Barium; all TCLP analyses reported concentrations within acceptable limits for return/reactivation of the used carbon. The GAC filters and associated appurtenances were hauled away from the Site by the vendor on August 4, 2016 for recycling and regeneration. Subsequent to filing the IRA Plan with RMR on August 30, 2016, BEA returned to the Site on September 12, 2016,to collect additional groundwater samples, as well as soil samples,to qualify residual impacts and exposure risks in review of treatment performance and project closure objectives. Static water level measurements demonstrated a south-southeasterly flow direction, consistent with regional and historic local contours. BEA collected groundwater samples from wells MW-3, MW-4, MW-5 and MW-6, via low-flow methodology, for EPH, VPH and target analyte concentrations, to qualify potential impacts related to the release in review of risk characterization. Laboratory analysis reported all petroleum hydrocarbon and target analyte concentrations for each well tested as ND, wherein the reporting limits were less than the applicable GW-2/GW-3 Method 1 Risk Characterization criteria. The reporting limits were also less than or equal to the strictest GW- 1 Method 1 criteria, indicating background conditions with respect to groundwater quality. OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 11 OF 20 IRAC-PSS,RTN 4-26151 That same day, BEA collected soil samples from the exterior ramp leading to the subject basement. The soil came to be placed along the bottom of the ramp by way of erosion and storm water runoff directing it based on the pitch of the pavement. At its deepest, the soil layer is approximately three (3) inches deep and is underlain by asphalt pavement and includes fibrous roots and organic matter associated with vegetative growth. BEA collected samples from a series of four (4) locations along the bottom of the ramp, corresponding to the area that would have received petroleum hydrocarbon impacts from the contaminated standing water in the basement [Refer to Site Plan]. Due to the fibrous nature of the material, BEA collected two (2) samples from each location to ensure enough sample quantity;the second sample from each location was labeled"dup"for clarity. The samples were collected in eight ounce glass jars sealed with aluminum septa. The jars were agitated to develop organic vapors and subsequently field screened with a photoionization detector PID MiniRAE 3000 10.2 eV lam calibrated ( ) [ p al brated to a benzene standard] by far headspace method, consistent with the Interim Soils Policy(WSC-94-400). Field screening of the eight(8) soil samples reported all headspace concentrations as Non-Detect (<0.1 parts-per-million-by-volume) with the exception of sample SS-2 (dup)", which reported a headspace concentration of 0.8 ppmv. As such, "SS-2 (dup)" was prepared for analysis of EPH/VPH and target analyte concentrations as the worst case sample representative of potential impacts. Laboratory analytical reported all EPH, VPH and target analyte concentrations as less than the strictest applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards. In fact, all compounds except the EPH-related carbon ranges (C9-C 18 Aliphatics, C19-C36 Aliphatics, and Cl l-C22 Aromatics) were reported as ND. These results are presented in the following Table IV. The significance of these results is further discussed in the Risk Characterization section of this report. TABLE IV:268 STEVINS STREET,HYANNIS,MA-RTN 4-26151 SUMMARYOFSOIL ANALYSES-FP VPH METHOD I RISK CHARACTERIZATION CLIIIVTSAMPLEID ! j [:7J?:§EP-16 SSAMPLING DATE � LAB SAMPLEID i L1628779-01 VPH+TARGET ANALYTES S11G2-14 S110-14 Units i Qual Benzene " 40 40 �T.g/.g 0.141 U CS-CSAli�hatics_Adjusted.,-...__.. .100 - 100 nbL_. S_....._ 3S2_,.... .. U._ C9LIOAromatics 10D „-100 3.52 j U C9-C12Ahphatia,Adjusted 1000 1000 ng/kg 3.52 U Fthylbenzene _—., 500 500 mg/F,g. 0.141., Methyl tert butyl ether,,,_, _,_, -100 100 %Lg„ ,.._.. 0071.. ., _.t.U ._ Na hthalene ,-20 500 _.ng/� . .0.282... __ U o-Xylene 100 500 rrg/kg 0.141 U /nrX terse 100 -500 0.141 U Toluene SOD 500 nia/ke 0.141 U EPH+TARGETPAM 2-Methylnaphthalene 80 300 - ng/kg 1.26 ) U 1000 ]ODD rtg/kg 1.26 U Acena�hthylene 600 10 ng/kg 1.26 t U Anthracene 10DO 1000 Benw(a)anthmcene T'.' 7 mg/kg 1.26 U Benzo(a)pyrene_._ ._ 2 2 .__......._. _. ...__ ._. 1.26_... _._. U.. Benzo(b)fluoranthene __ 7 7.:.. mg/kg 1.26 U Benzo(ph�p lene—..-.. 1000 1000 ...! kS_.. 1.26 S U Beninrrtt�fluoranthene 70 70 , tr /kg 1.26 1 U V_._.__._..._......... t __ Cl]-C22 Arortcttics,Adjusted...._.....,,., 1000 1000 rm%kg 58.2 ; CI9-C36 Ahphahcs 3(1 O 3000` rtn,,/kg 209 i C9-C18 AGphatics..__.. 1000 1000 _rtg/kg._ Chrysene._- _ 70 "70 ng/kg 1.26 ..._.I.....0 Dibenzc(a,h)anthracene 07 D.7 1:26 U Fluoranthene 7000 .'• 1000 _ng/kg 1.26 _ j U- Fluorene 1000 ]000� ,_-ng/I:g._. 1.26 Indenos1,2,3cd)Pyrene 7 7 rt /kg ._126., _ U Naphthalene 20. - 500 ng/kg 1.26 U Phenanthrene 500 500 trg/kg terse 1000 1000 1.26 ' U VPH=Volatile PetroleumHydmcarbons EPH-Fatractable Petroleum HydrocarbonsfPAH=Polynuclear Aromatic Hydrocarbons U indicates Non-Detect Concentration l C OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 12 OF 20 IRAC-PSS,RTN 4-26151 Based on laboratory analytical results for soil and groundwater at the subject Site,the strictest applicable S-1 (GW-2/GW-3), and GW-2/GW-3, Method 1 Risk Characterization standards have been met. A condition of No Significant Risk has been established in support of the IRA Completion and the Permanent Solution Statement as appropriate to document project closure. RISK CHARACTERIZATION Soil Based on site conditions relative to frequency/intensity of use and accessibility of soils at the commercial property,the RCS-1 Reportable Concentrations apply to soil,per 310 CMR 40.0361,and the S-1/S-2/S-3 (GW-2/GW-3) Method 1 Risk Characterization standards are applicable to soil impact in accordance with the provisions of 310 CMR 40.0975. For the purposes of risk characterization, the strictest S-1 (GW-2/GW-3), Method 1 Risk Characterization standards are considered in review of ingestion, inhalation and dermal contact exposures, and potential leaching to groundwater, as related to foreseeable future uses and activities at the Site. Based on groundwater elevation greater than that of the basement floor at the time of release, demonstrated by infiltration of the basement floor wherein no power was available to run the existing sumps, hydrostatic pressure would not have allowed the subject release and associated LNAPL to infiltrate soils underlying the basement floor. Soil that had accumulated over time at the bottom of the exterior ramp leading to the basement apparently received impacted standing water or LNAPL. Soil testing along this area has reported all EPH, VPH and target analyte concentrations as less than the applicable S-1 (GW-2/GW-3),Method 1 criteria,with the exception of dibenzo (a,h) anthracene. Dibenzo(a,h)anthracene was reported as ND,however the reporting limit of 1.26 mg/Kg was greater than the S-1 (GW-2/GW-3) standard of 0.7 mg/Kg due to "dilution required by matrix interferences" associated with laboratory analysis. In review of further risk characterization, and as consistent with the Standard of Practice, half the reporting limit, 0.63 mg/Kg, was considered for the target analyte as less than the strictest applicable 0.7 mg/Kg threshold. Based on the existing hydrostatic pressure at the time of the release, and also based on the laboratory analysis of the "worst case" soil sample from the exterior ramp under Method 1 Risk Characterization, No Significant Risk applies to soils at the Site associated with the known, single event release of gasoline and hydraulic oil to standing water confined within the basement of subject building. Groundwater The GW-2 and GW-3 groundwater categories are applicable to Method 1 Risk Characterization per 310 CMR 40.0974. Based on the observed groundwater infiltrating the basement floor, hydrostatic pressure would have prevented the released gasoline and hydraulic oil from mobilizing to groundwater surrounding/underlying the basement. Laboratory analysis of Influent and Effluent samples collected during batch treatments of the basement standing water reported all EPH, VPH and target analyte concentrations as less than the applicable GW-2/GW-3, Method 1 Risk OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 13 OF 20 IRAC-PSS,RTN 4-26151 Characterization standards. In addition, laboratory analysis of groundwater samples collected within both the spatial and temporal projected solute pathways reported all EPH, VPH and target analyte concentrations as ND, wherein the reporting limits were less than the GW-2/GW-3, and most restrictive GW-1 criteria. Based on laboratory analysis for groundwater samples analyzed, GAC treatment absolved significant impacts to standing water, and no impact to surrounding groundwater have been reported as associated with the subject release. Based on the existing hydrostatic pressure with groundwater infiltrating into the basement at the time of the release, and also based on the laboratory analysis of Influent and Effluent water as well as groundwater in representative well under Method 1 Risk Characterization, No Significant Risk applies to groundwater at the Site associated with the known, single event release of gasoline and hydraulic oil to standing water confined within the basement of the subject building. Indoor Air The subject release occurred in the basement of the commercial building on the subject property as affected indoor air quality based on olfactory observations and indoor air quality screening. Subsequently, no noticeable or persistent petroleum-related odor have been reported in the subject building. Upon activation of the GAC treatment system, sampling and analysis of the Influent (i.e., standing water) from the basement has reported all EPH, VPH and target analyte concentrations as less than the applicable GW-2/GW-3,and most restrictive GW-1 Method 1 criteria. No impact to the concrete foundation and floors has been documented by laboratory analysis, and hydrostatic pressure at the time of release prevented impact to underlying soil and groundwater as further substantiated by quarterly groundwater analysis through the projected Time of Travel. The removal of impacted debris and LNAPL,treatment of standing water to GW-1 standards and the testing of exposed soil along the exterior ramp have reported all volatile organic compounds (VOCs) as ND,wherein the reporting limits were less than the applicable, respective, Method 1 Risk Characterization standards. Having absolved the source of significant impacts and based on Lines of Evidence represented in the laboratory analysis conducted, soil vapor and indoor air are not media of concern. The building is scheduled for demolition and redevelopment. Imminent Hazard Evaluation The subject building was vacant at the time of release, and has been for some time, with the electric service cut at the meter. Appropriate PPE was employed against inhalation of VOCs to facilitate active ventilation of the basement, and LNAPL recovery, on the day of the release. Subsequent inspections reported significantly diminished TOV concentrations with no persistent petroleum hydrocarbon odor. The building has been kept locked to restrict unpermitted access. Additionally, temporary fencing has been established along the perimeter of the subject property, further restricting access to the Site. Spent absorbents were placed in secure 55-gallon drums outside the building and have been removed for proper disposal. Some 3,775-gallons of LNAPL and impacted standing water have been removed from the basement for off-site disposal. Some 36,772- gallons of standing water have been treated to background via the GAC pump-and-treat system. Based on the Site and environmental conditions documented, there is no apparent Imminent or OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 14 OF 20 IRAC-PSS,RTN 4-26151 Substantial Hazard associated with the release of gasoline and hydraulic fluid in the basement at the subject property. DATA USABILITY ASSESSMENT & REPRESENTATIVENESS EVALUATION The following presents a discussion of the Site information used to support the PSS as required by 310 CMR 40.1056(2) (k) and incorporating the guidance provided in MADEP Policy WSC-07- 350 (REDUA). It provides an evaluation and demonstration of the adequacy of the spatial and temporal data sets used to support the PSS and makes conclusions on the accuracy, precision and sensitivity of the data used. Conceptual Site Model (CSM) A sudden release of a reported 30 gallons of gasoline and hydraulic oil occurred as a result of the mechanical lift falling through the first floor and landing in the basement of subject building. The accident triggered the release of petroleum onto standing water in the basement floor. Due to groundwater actively infiltrating the basement floor at the time of release, hydrostatic pressure prevented the release from mobilizing to soils and groundwater surrounding the building foundation. The release was contained to the basement of the abandoned commercial building. BEA established active ventilation to absolve accumulated gasoline vapors in order to facilitate safe entry into the subject basement for Hyannis Fire Department personnel. Preliminary response actions initially conducted by BEA and Global Remediation resulted in the removal of LNAPL from the surface of the standing water in the basement with hydrophobic absorbents. BEA subsequently coordinated further LNAPL recovery by way of a vacuum truck. BEA coordinated and implemented GAC treatment of impacted standing water in the basement. Such GAC treatment was performed in batches over three days in July 2016. Laboratory analysis of Influent and Effluent samples reported all EPH, VPH and target analyte concentrations less than the applicable GW-2 and GW-3,Method 1 Risk Characterization standards. Such work was followed by soil and groundwater testing to qualify potential significant impacts and exposure risks associated with the subject release. Such testing reported all EPH, VPH and target analyte concentrations as less than the applicable Method 1 Risk Characterization standards. No detectable VOC concentrations were reported in any of the Influent,Effluent, soil and monitoring well testing conducted, thereby absolving soil vapor, and vapor entry to indoor air, as media of concern. Sampling and laboratory analyses under Method 1 Risk Characterization have demonstrated a condition of No Significant Risk at the Site, in support of a PSS without conditions. The subject building is planned for demolition to be followed by redevelopment of the commercial property. Field Screening PID screening and observations were used to qualify significant impact in soils to make informed dynamic decisions in the field in advance of submitting samples for MA Certified analyses. OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 15 OF 20 IRAC-PSS,RTN 4-26151 Samples with higher PID readings were assumed to be more contaminated than those samples with lower levels. Comparison of visual,PID and olfactory observations with analytical data indicates the screening data generally correlates with the analytical data. Sampling Locations Initial assessment of the standing water in the basement was based on proximity to the fallen mechanical lift to establish significant impact requiring remedial response actions. Subsequent "Influent" samples were collected at the sump pump intake, representing the standing water in the basement as it was being brought into the treatment system. "Effluent" samples were collected from the discharge point on the second in-line GAC vessel. Groundwater samples were collected from pre-existing monitoring wells wherein two of these wells were documented as within the spatial and temporal projected solute transport pathway. Soil sampling locations along the exterior ramp leading to the basement were based on proximity to the basement as would have received impacted standing water or LNAPL as a result of the release. The TOV-biased "worst case" soil sample reported all EPH, VPH and target analyte concentrations as less than the applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards. The monitoring wells were pre-existing at the time of release as originally associated with historic an ASTM-type Environmental Site Assessment(s). The wells were constructed with partially penetrating screens installed across the groundwater interface, as representative of potential petroleum impacts within the projected solute pathway, and in proximity to the source area. Field duplicates or trip blanks for soil sampling were not collected nor considered necessary because the Disposal Site was small, the removal operations had produced clean conditions along the exposure points, and QA/QC protocols were employed and documented with Method Blanks and Spikes performed by the laboratory. Based on analytical results for the quarterly groundwater sampling in representative downgradient monitoring wells through the projected Time of Travel reporting no groundwater impact, no further well sampling or vertical profiling was deemed necessary or appropriate. Temporal Data A sample of the stained concrete floor was collected to qualify potential impact in consideration of risk characterization and appropriate disposal given the pending demolition of the subject building. Laboratory analysis of the concrete floor sample reported all EPH, VPH and target analyte concentrations as less than the strictest applicable S-1 (GW-2/GW-3),Method 1 criteria. Soil samples were collected subsequent to GAC treatment of standing water in order to qualify potential residual impacts to soil along the bottom of the exterior ramp. Laboratory analysis of the TOV-biased worst case soil sample reported no significant impact exceeding the applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards. Temporal data for the concrete floor and soil was not applicable wherein laboratory analysis of representative samples under Method 1 had established no significant risk. OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 16 OF 20 IRAC-PSS,RTN 4-26151 Temporal groundwater data was used in the evaluation of potential groundwater impacts under Method 1. Two rounds of groundwater sampling were performed to qualify any residual impact to local groundwater. Two of the wells, MW-5 and MW- 6, have been established as down gradient from the release, and these wells were sampled within the projected spatial and temporal solute transport pathways. In each of the sampling events, all EPH/VPH and target analyte concentrations were reported as ND wherein the reporting limits were less than the applicable GW-2/GW-3,Method 1 Risk Characterization standards. This temporal data is relied upon to support a finding of No Significant Risk associated with groundwater conditions at the Site. Based on the lack of detectable VOC concentrations reported as part of soil and groundwater testing completed under Method 1, soil vapor and indoor air are not media of concern relative to the known, subject release. Based on the consideration of the temporal data under Method 1, a condition of No Significant Risk exists at the site relative to the known, June 10, 2016, release of gasoline and hydraulic oil. Field Completeness The analytical data set is complete. Data was obtained from sampling the concrete floor and soils at the bottom of the exterior ramp to the basement in review of significant impacts and exposure risks. Laboratory analytical data associated with the GAC treatment of standing water in the basement has demonstrated good treatment performance wherein all Influent and Effluent samples have reported EPH,VPH and target analyte concentrations less than the applicable GW-2/GW-3 standards. Laboratory analytical data from the monitoring wells is also considered critical data for exposure risk consideration as representing groundwater conditions over time wherein all petroleum hydrocarbon concentrations are reported as ND, less than the applicable GW-2 and GW-3, Method 1 Risk Characterization standards. Data Inconsistency No inconsistent data was identified. Visual observations, odors and field screening were generally well correlated with analytical data. Data Not Used The complete analytical data set associated with concrete and soil samples,as well as Influent, Effluent and monitoring well samples, was used to support the PSS as representative of Site and environmental conditions subsequent to the GAC treatment of impacted standing water in the basement of the subject building. Knowledge of the contaminants of concern (gasoline, hydraulic oil) was used to direct the remedial response and to select appropriate monitoring wells for groundwater sampling and laboratory analysis in review of risk characterization and project closure objectives. All data generated has been used to qualify existing conditions and is represented herein for the record. OCTOBER 5,2016 FORMER CAR DEALERSHIP/BEA16-10824A PAGE 17 OF 20 IRAC-PSS,RTN 4-26151 Data Usability The analytical data used was validated and justified as representative of environmental conditions. The methods utilized(PID soil screening, EPH/VPH) all respond to the contaminants of concern and are appropriate for a release of gasoline and hydraulic oil. Based on the Representativeness Evaluation under MA DEP Policy WSC-07-350 (REDUA), the analytical data quality of the concrete floor, soil along the exterior ramp, Influent, Effluent and all groundwater samples relied on in support of the PSS has been reviewed. The analytical data provided in support of this PSS has met the method quality control requirements and performance standards for "Presumptive Certainty" as described in CAM VII A, Section 2.0 (a), (b), (c), and (d) or has been evaluated as comparable to CAM requirements. The validity and defensibility of the analytical data used to support the findings of the PSS for this Site with respect to accuracy, precision and completeness pursuant to 310 CMR 40.1056(2)(k) have therefore been satisfied [Refer to QA/QC — Appendix G]. The critical concrete analytical data is represented in Alpha Analytical report #L1620858 (7/12/16),which was included in Appendix D of the IRA Plan submitted August 30,2016. Laboratory QA/QC reported deficiencies for the concrete floor sample wherein CAM reporting limits were not achieved for select target analytes, the Laboratory Control Sample Duplicate (LCSD) did not meet appropriate recovery of decane, and the Relative Percent Difference between the Laboratory Control Sample LCS and LCSD was greater than 25% for decane and dodecane. The deficiency was P ( ) g Y investigated under REDUA for Presumptive Certainty (PC). The reporting limits for the analysis of the concrete floor sample were less than the S-1 (GW-2/GW-3), Method 1 standards with the exception of dibenzo(a,h)anthracene. This compound was reported as ND,and half of the reporting limit(0.936 mg/Kg/2 =0.468 mg/Kg) is less than the applicable S-1 (GW-2/GW-3) standard of 0.7 mg/Kg. Additionally, the QA/QC deficiencies reportedly triggered a non-directional bias. The data for the concrete floor has been deemed to meet PC for consideration as critical data,wherein marginal impact approaching background conditions is documented. The critical soil data is represented in Alpha Analytical report#L1628779 (9/20/16),which is included in Appendix D of this report. Laboratory QA/QC reported a deficiency for the SS-2 (dup) sample wherein the CAM reporting limit for dibenzo (a, h) anthracene was not met due to dilution required by matrix interferences. This compound was reported as ND, and half of the reporting limit (1.26 mg/Kg/2=0.63 mg/Kg)is less than the applicable S-1 (GW-2/GW-3) standard of 0.7 mg/Kg. No bias is associated with the analysis. As such, and in accordance with the Standard of Practice,the data for the soil sample collected along the bottom of the exterior ramp has been deemed to meet PC for consideration as critical data, wherein marginal impact approaching background is documented. The Influent and Effluent data is represented in Alpha Analytical reports #L1620858 (7/12/16), #L1621063 (7/12/16) and #L1622767 (7/25/16). In reports #L1620858 and #L1621063, CAM protocols were met and no QA/QC deficiencies that would trigger directional bias were identified relative to the Influent and Effluent testing. Laboratory QA/QC reported deficiencies for lab report#L1622767 due to low surrogate recoveries that triggered potential low bias. Despite such deficiencies, the Influent and Effluent data is relied on to qualify treatment performance wherein OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 18 OF 20 IRAC-PSS,RTN 4-26151 groundwater testing completed within the spatial and temporal solute transport pathways has been relied on to qualify risk characterization in support of a Permanent Solution and project closure. The quarterly groundwater data from the monitoring well network, as critical data, is represented in the Alpha Analytical reports #L1621067 (7/15/16) and #L1621345 (7/19/16) [IRA Plan, Appendix D], and#L1628711 (9/20/16) [Refer to Appendix D]. In all reports CAM protocols were met and no significant QA/QC deficiencies that would trigger directional bias were identified. As such, the data for the groundwater samples collected from the monitoring well network has been deemed to meet PC for consideration as critical data wherein background conditions have been documented. BACKGROUND FEASIBILITY EVALUATION A review of cost,and feasibility to meet background conditions through additional treatment or soil removal was considered as part of this IRA, in accordance with the provisions of 310 CMR 40.1020. Groundwater testing,particularly at the representative down gradient monitoring wells,has reported all EPH,VPH and target analyte concentrations as ND wherein the reporting limits were less than the applicable GW-2/GW-3, and strictest GW-1,Method 1 Risk Characterization standards. All residual EPH, VPH and target analyte concentrations in soil along the bottom of the exterior ramp have been reported as significantly less than the strictest applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards. Laboratory analytical data under Method 1 has demonstrated a condition of No Significant Risk relative to the subject release of gasoline and hydraulic oil at the Site. Low level soil impact has been reported in the TOV-biased"worst case"soil sample collected from the exterior ramp as approaching background. All volatile compounds in soil and groundwater have been reported as ND, thereby absolving potential vapor intrusion. No groundwater impact has been reported. Based on a review of feasibility, the cost to remove additional soils without any reduction in exposure risk is prohibitive and unwarranted. As such, current environmental conditions associated with minor residual low-level soil impact as a non-persistent, naturally degrading compounds meet the "Conditions of Categorical Infeasibility"established in Section 9.3.2 of the MA DEP policy"Conducting Feasibility Evaluations Under the MCP" (WSC-04-160), as specifically pertaining to Section 9.3.2.3, "Remediation of Degradable (Non-persistent) Contaminants". GARDENING BEST MANAGEMENT PRACTICES Laboratory analysis has reported all petroleum hydrocarbon concentrations in the TOV- biased,worst case soil sample as less than the strictest applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards and as such, laboratory analytical results support a Permanent Solution without conditions and Gardening Best Management Practices (BMPs) are not required. Wherein Method 1 standards no longer consider vegetative uptake of petroleum hydrocarbons, reference to Gardening BMP's is typically required. The potential vegetative intake has been considered and a OCTOBER 5,2016 FORMER CAR DEALERSHIPBEAI6-10824A PAGE 19 OF 20 IRAC-PSS,RTN 4-26151 condition of No Significant Risk for the vegetative uptake exposure is opined herein. Though unlikely given the commercial setting, the property owner of 268 Stevens Street in Hyannis, MA may wish to consider implementing BMPs to further reduce potential exposure to any anthropogenic or other materials in the soil. Implementing BMPs such as those referenced in Appendix E will allow safer gardening in a wider range of site conditions. Not every BMP is necessary for every single site, but a combination of BMPs appropriate for this site will help reduce the potential for additional exposure risks in urban areas. CONCLUSIONS Some 30-gallons of gasoline and hydraulic oil were released from the mechanical lift onto standing water within the basement of subject building. Hydrostatic pressure, manifest by groundwater infiltrating the basement floor, prevented the release from reaching the environment. Response actions were initiated the day of the release to recover LNAPL and dissolved-phase impacts. LNAPL recovery and treatment of water through carbon adsorption (GAC filters)have been used to remove the contaminant source and absolve significant impacts to standing water in the basement, wherein Influent and Effluent testing reported all petroleum hydrocarbon and target analyte concentrations less than the applicable GW-2/GW-3, Method 1 criteria. Groundwater testing at on- site monitoring wells through the spatial and temporal solute pathways reported all EPH, VPH and target analyte concentrations as ND, wherein the reporting limits were less than the applicable GW- 2/GW-3, Method I Risk Characterization standards. Testing of soil along the bottom of the exterior ramp to the basement, portions of which were in contact with impacted standing water in the basement,reported all petroleum hydrocarbon and target analyte concentrations less than the strictest applicable S-1 (GW-2/GW-3), Method 1 Risk Characterization standards. As such, the established lines of evidence indicate no significant impact to the environment associated with the subject release. Based on the environmental testing performed, laboratory analytical under Method 1 Risk Characterization has demonstrated a condition of No Significant Risk relative to the known release of gasoline and hydraulic oil on June 10, 2016. As such, existing conditions subsequent to treatment and environmental monitoring support the IRA Completion and Permanent Solution Statement, per 310 CMR 40.0427 and 40.1040,without conditions within 120 Days of Release Notification pursuant to 310 CMR 40.0008(1). The findings of this investigation, represented herein, set forth the rationale and technical justification for the LSP Opinions established by the certifications made on the attached Permanent Solution Statement (BWSC-104) and the Immediate Response Action Transmittal Form (BWSC- 105). Our professional services have been performed, our findings obtained, and our conclusions prepared in accordance with current,customary principles and practices in the fields of environmental science and LSP practice. It must be recognized that environmental investigations are inherently limited to conclusions drawn and recommendations developed from information obtained through research and review of relevant site investigation. Additionally, the passage of time may result in change to environmental characteristics at this site and/or surrounding properties, changes in governing regulations and/or professional practice. This report specifically speaks only to those regulations and policies in effect, and the standards of LSP practice, at the time of this submittal. No f OCTOBER 5,2016 FORMER CAR DEALERSHIPBEA16-10824A PAGE 20 OF 20 IRAC-PSS,RTN 4-26151 guarantee or warranty of future conditions,regulations,policies or standards of practice is expressed or implied relative to the LSP Opinions rendered herein. Should the Department have any questions-or need additional information regarding this project and the IRA Completion and Permanent Solutions Statements contained herein,please contact our office at your earliest convenience. Sincerely, B TT F^NVIRONMENTAL ASSOCIATES, INC. David e ett, LSP Todd M Everson,PM Pre 'den Senior iionmental Scientist Encl. Supporting Documentation(Appendices A—G) cc: Stuart Bornstein, Owner, PRP—Holly Management and Supply Corporation Thomas McKean, Director—Barnstable Health Division* Fire Prevention Officer/Lieutenant John Cosmo—Hyannis Fire Department* Mark S. Ells—Barnstable Town Manager* *As part of Public Notice requirements,the report Title Page,Narrative,Index,Transmittal forms and Site Plan are included,pursuant to paperwork reduction policy. The full report is available as public record on the MA DEP website database at http://public.dep.state.ma.us/SearchableSites/Search.asp or,upon written request to BEA,full copy (electronic or paper)will be provided. IMMEDIATE RESPONSE ACTION COMPLETION REPORT WITH PERMANENT SOLUTION STATEMENT SUPPORTING DOCUMENTATION RTN 4-26151 Fortner Car Dealership 268 Stevens Street,Hyannis,MA 02601 BEA16-10824A OCTOBER 5,2016 Prepared For: MA DEPARTMENT OF ENVIRONMENTAL PROTECTION Southeast Regional Office-Bureau of Waste Site Cleanup 20 Riverside Drive-Lakeville,MA 02347 Jamie Goncalves,Case Officer Prepared By: BENNETT ENVIRONMENTAL ASSOCIATES, INC. 1573 Main Street-Brewster,MA 02631 David C. Bennett,LSP On Behalf Of Holly Management&Supply Stuart Bornstein, PRP 297 North Street—Hyannis,MA 02601 APPENDIX Ao Reference Plain -Figure 1: Site Locus Plan.[HSGS Topographic Quad.,Hyannis,MA. 19981(excerpt) -Figure 2: Ground-Water Resources of the Cape Cod, MA [LeBlanc et al, 19861 (excerpt) -Figure 3:MA DEP Priority Resources Map [2015] -Site Plan entitled, "Immediate Response Action Completion...,"Prepared by BENNETT ENVIRONMENTAL ASSOCIATES,INC.,Dated October 4,2016. APPENDIX Bo Field Reporb/Comput:atnons -Inspectors Record of Daily Work Progress -Monitoring Well Sampling Logs -Time of Travel Computations APPENDIX C: Environmental Records/Permits/Correspondence -Hyannis Fire Department Incident Report -OHM Waste Manifests/Non-Hazardous Waste Manifest(GAC Recycling) -BWSC-104: Permanent Solution Statement Form w/eDEP Submittal Summary/Receipt -BWSC-105: Immediate Response Action Transmittal Form w/eDEP Submittal Summary/Receipt APPENDIX D: Laboratory Analysis -Environmental Assessment—GW [Alpha Lab#1628711 (9/20/16),#L1621345 (7/19/16),#L1621067(7/15/16)] -Remedial Monitoring-GAC Infuent/Eflluent: [Alpha Lab#L1622767(7/25/16),#L1621063(7/12/16),L1620858 (7/12/16)] -Environmental Assessment—Soil [Alpha Analytical—Lab#L1628779(9/20/16)] APPENDIX E: Gardening Best Management Practices APPENDIX F: Quality Assurance/Quality Control Plan APPENDIX Ge MCP Limitations I Massachusetts Department of Environmental Protection r` eD EP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DAVIDBENNETT Transaction ID: 869705 Document: BWSC104 Permanent And Temporary Solution Statement Size of File: 224.41 K Status of Transaction: Submitted Date and Time Created: 10/11/2016:5:19:08 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy"from the Current Submittals page. assachusetts Department of Environmental Protection BWSC 104 4" ureau of Waste Site Cleanup Release Tracking Number ERMANENT AND TEMPORARY SOLUTION STATEMENT — - 26151 ursuant to 310 CMR 40.1000(Subpart J) [4 1 For sites with multiple RTNs,enter the Primary RTN above. A.SITE LOCATION: 1.Site Name/Location Aid: FORMER CAR DEALERSHIP- - - - 2.Street.Address: 268 STEVENS STREET-___ - ___ __ 3.City/Town: HYANNIS 4.ZIP Code: 5.Coordinates: a.Latitude:N 41.65088 b.Longitude:W 70.29436 ,,r_ 6.Check here if the disposal site that is the source of the release is Tier Classified.Check the current Tier Classification Category: r-a.Tier I b.Tier ID r-c.Tier II B.THIS FORM IS BEING USED TO:(check all that apply) 1.List Submittal Date of the Permanent or Temporary Solution Statement, or RAO Statement(if previously submitted): mm/dd/yyyy 2.Submit a Permanent or Temporary Solution Statement a.Check here if this Permanent or Temporary Solution Statement covers additional Release Tracking Numbers (RTNs).RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here. b.Provide the additional Release Tracking Number(s)covered by this -� - Permanent or Temporary Solution Statement. r 3.Submit a Revised Permanent or Temporary Solution Statement(or revised RAO Statement) r a.Check here if this Revised Permanent or Temporary Solution Statement covers additional Release Tracking Numbers(RTNs), not listed on the Permanent or Temporary Solution Statement or previously submitted Revised Permanent or Temporary Solution Statements.RTNs that have been previously linked to a Tier Classified Primary RTN do not need to be listed here. b.Provide the additional Release Tracking Number(s)covered by this - - Permanent or Temporary Solution Statement. �. 4.Submit a Permanent or Temporary Solution Partial Statement Check above box,if any Response Actions remain to be taken to address conditions associated with this disposal site having the Primary RTN listed in the header section of this transmittal form.This Permanent or Temporary Solution Statement will record only a Permanent or Temporary Solution-Partial Statement for that RTN.A final Permanent or Temporary Solution Statement will need to be submitted that references all Permanent or Temporary Solution-Partial Statements and,if applicable,covers any remaining conditions not covered by the Permanent or Temporary Solution-Partial Statements. Also,specify if you are an Eligible Person or Tenant pursuant to M.G.L.c.21 s.2,and have no further obligation to conduct response actions on the remaining portion(s)of the disposal site: r- a.Eligible Person r-- b.Eligible Tenant r 5.Submit a Revised Permanent or Temporary Solution Partial Statement(or revised RAO-Partial Statement) r 6.Submit an optional Phase I Completion Statement supporting the Permanent or Temporary Solution Statement 7.Submit a Periodic Review Opinion evaluating the status of a Temporary Solution,as specified in 310 CMR 40.1051 (Section F is optional) 8.Submit a Retraction of a previously submitted Permanent or Temporary Solution Statement(or RAO Statement) (Sections E&F are not required) (All sections of this transmittal form must be filled out unless otherwise noted above) Revised:6/21/2016 Page 1 of 8 assachusetts Department of Environmental Protection $WSC 104 ureau of Waste Site Cleanup l Release Tracking Number i,� ERMANENT AND TEMPORARY SOLUTION STATEMENT _ ursuant to 310 CMR 40.1000(Subpart J) I • I 26151 For sites with multiple RTNs,enter the Primary RTN above. C.DESCRIPTION OF RESPONSE ACTIONS:(check all that apply;for volumes,list cumulative amounts) r 1.Assessment and/or Monitoring Only �2.Temporary Covers or Caps r 3.Deployment of Absorbent or Containment Materials r 4.Treatment of Water Supplies r 5.Structure Venting System/HVAC Modification System r 6.Engineered Barrier WO 7.Product or NAPL Recovery W 8.Fencing and Sign Posting r 9.Groundwater Treatment Systems r 10.Soil Vapor Extraction r.11.Remedial Additives 12.Air Sparging r 13.Active Exposure Pathway Mitigation System 14.Passive Exposure Pathway Mitigation System r 15.Monitored Natural Attenuation 1 16.In-Situ Chemical Oxidation r 17.Removal of Contaminated Soils F.a.Re-use,Recycling or Treatment r i.On Site Estimated volume in cubic yards r h.Off Site Estimated volume in cubic yards iia.Facility Name: Town: State: iib.Facility Name: Town: State: iii.Describe: r b.Landfill r—i.Cover Estimated volume in cubic yards Facility Name: Town: State: r ii.Disposal Estimated volume in cubic yards Facility Name: Town: State: IN—"18.Removal of Drums,Tanks or Containers: a.Describe Quantity and Amount: 6 X 55-GAL DOT DRUMS(1800 LBS):OILY PADS/BOOM b.Facility Name: TRADEBE TREATMENT AND RECYCLING Town: NEWINGTON State: NH I c.Facility Name: Town: State: r.19.Removal of Other Contaminated Media: a.Specify Type and Volume: NAPL+WATER IN BASEMENT(3775 GAL),WASTEWATER-FRACT TANK CLEANING(350 GAL). b.Facility Name: TRADEBE TREATMENT&RECYCLING Town: STOUGHTON State: MA c.Facility Name: Town: State: Revised:6/21/2016 Page 2 of 8 assachusetts Department of Environmental Protection BWSC 104 ureau of Waste Site Cleanup Release Tracking Number ERMANENT AND TEMPORARY SOLUTION STATEMENT ursuant to 310 CMR 40.1000(Subpart J) - 26151 For sites with multiple RTNs,enter the Primary RTN above. .C.DESCRIPTION OF-RESPONSE-ACTIONS_(cont.):(check all that apply;for volumes,list cumulative.amounts)__ P 20.Other Response Actions: Describe: GROUNDWATER MONITORING,SOIL ASSESSMENT r 21.Use of Innovative Technologies: Describe: D.SITE USE: 1.Are the response actions that are the subject of this submittal associated with the redevelopment,reuse or the major expansion of the current use of property(ies)impacted by the presence of oil and/or hazardous materials? r a.Yes 1 b.No r-c.Don't know 2.Is the property a vacant or under-utilized commercial or industrial property("a brownfield property")? r-a.Yes r b.No c.Don't know 3.Will funds from a state or federal brownfield incentive program be used on one or more of the property(ies)within the disposal site? r a.Yes P7 b.No r__C.Don't know If Yes,identify program(s): 4.Has a Covenant Not to Sue been obtained or sought? F a.Yes P7 b.No 17 c.Don't know 5.Check all applicable categories that apply to the person making this submittal: r a.Redevelopment Agency or Authority r-b.Community Development Corporation r c.Economic Development and Industrial Corporation d.Private Developer r-e.Fiduciary r f.Secured Lender r g.Municipality h.Potential Buyer(non-owner) PF i.Other,describe: PRIVATE OWNER This data will be used by MassDEP for information purposes only,and does not represent or create any legal commitment,obligation or liability on the part of the party or person providing this data to MassDEP. E.PERMANENT OR TEMPORARY SOLUTION CATEGORY: Specify the category of Solution that applies to the Disposal Site,or Site of the Threat of Release.Select either 1,2,or 3. r7 1.Permanent Solution with No Conditions(check one) r a.A flu-eat of release has been eliminated. r b.All contamination has been reduced to Natural Background levels. r c.A condition of No Significant Risk exists or has been achieved with no Activity and Use Limitation or other limitations, assumptions,or conditions(310 CMR 40.1013). Revised:6/21/2016 Page 3 of 8 i assachusetts Department of Environmental Protection $WSC 104 ureau of Waste Site Cleanup ERMANENT AND TEMPORARY SOLUTION STATEMENT Release Tracking Number � ursuant to 310 CMR 40.1000(Subpart J) i ' 1 26151 For sites with multiple RTNs,enter the Primary RTN above. E.PERMANENT OR TEMPORARY SOLUTION CATEGORY(cont.): r 2.Permanent Solution with Conditions(check a and/or b): r a.An AUL has been implemented pursuant to 310 CUR 1012(2)(check one) i.Required pursuant to 310 CMR 40.1012(2) Is the AUL required because the Permanent Solution relies on an Active Exposure Pathway Mitigation Measure pursuant to CMR 310 40.1025? r 1.Yes r 2.No ii.Optionally implemented pursuant to 310 CMR 40.1012(3) r- b.Limitations or conditions apply pursuant to 310 CMR 40.1013(check all that apply): i.Gardening Best Management Practices(BMPs)for non-commercial gardening in a residential setting ii.Concentrations of Oil and Hazardous Material consistent with Anthropogenic Background iii.Residual contamination in a Public or Railroad Right-of-Way r7. iv.Groundwater contamination would exceed GW-2 Standards except for the absence of an occupied building or structure - r 3.Temporary Solution(check a or b/and c) r a.Response actions to achieve a Permanent Solution are not currently feasible r b.Response actions to achieve a Permanent Solution are feasible and are being continued toward a Permanent Solution r c.Does the Temporary Solution rely on an Active Exposure Pathway Mitigation Measure pursuant to 310 CMR 40.1026? [f i.Yes r ii.No F.PERMANENT AND TEMPORARY SOLUTION INFORMATION: 1.Specify the Risk Characterization Method(s)used to achieve the Permanent or Temporary Solution,described above: r. a.Method 1 jT- b.Method 2 r c.Method 3 r d.Method Not Applicable-Contamination reduced to or consistent with background,or Threat of Release abated 2.Specify all Soil Category(ies)applicable.More than one Soil Category may apply at a Site.Be sure to check off all APPLICABLE categories: r a.S-1/GW-1 r? d.S-2/GW-1 r- g.S-3/GW-1 r- j.Not Applicable r; b.S-1/GW-2 J" e.S-2/GW-2 rV h.S-3/GW-2 rv. c.S-1/GW-3 r f.S-2/GW-3 r i.S-3/GW-3 3.Specify all Groundwater Category(ies)impacted.A site may impact more than one Groundwater Category.Be sure to check off all 11VIPACTED categories: r a.GW-1 r b.GW-2 rV c.GW-3 1- d.No Groundwater Impacted Revised: 6/21/2016 Page 4 of 8 �7assachusetts Department of Environmental Protection $WSC 104 ureau of Waste Site Cleanup Release Tracking Number ERMAN ENT AND TEMPORARY SOLUTION STATEMENT - 26151 ursuant to 310 CMR 40.1000(Subpart J) (" I For sites with multiple RTNs,enter the Primary RTN above. K PERMANENT_AND TEMPORARY.SOLUTION_INFORMATION._(cont): r: 4.Check here if the risk assessment includes any changes to the groundwater category pursuant to 310 CMR 40.0932(5)(a)through(e).Check all conditions that apply: r- a.An InterimWellhead Protection Area does not apply based on a hydrogeologic evaluation(310 CMR 40.0932(5)(a)) r b.Groundwater was determined not to be in a Potentially Productive Aquifer or is not feasible to be developed as a drinking water supply(310 CMR 40.0932(5)(b)) r- c.A Non-Potential DrinkingWater Source Area determination was made(310 CMR 40.0932(5)(c)) d.Existing private wells were permanently closed(310 CMR 40.0932(5)(d)) e.Groundwater is located within a Zone A,but is not hydrogeologically connected to a drinking water supply (310 CMR 40.0932(5)(e)) r 5.Check here if the Permanent or Temporary Solution supports a finding of No Significant Risk for petroleum in a GW-1 area pursuant to 310 CMR 40.0924(2)(b)3. 6.Specify whether remediation was conducted: r- a.Check here if soil remediation was conducted. r- b.Check here if groundwater remediation was conducted. rv- c.Check here if other remediation was conducted. Specify: GAC TREATMENT OF STANDING WATER IN BASEMENT. 7.Specify whether the analytical data used to support the Permanent or Temporary Solution used the Compendium of Analytical Methods(CAM): rw a.CAM used to support all analytical data. r b.CAM used to support some of the analytical data. r c.CAM not used. 8.Check hereto indicate that the Permanent or Temporary Solution Statement includes a Data Usability Assessment and Data Representativeness Evaluation pursuant to 310 CMR 40.1056. 9.Estimate the number of acres this Permanent or Temporary Solution Statement applies to: Revised: 6/21/2016 Page 5 of 8 assachusetts Department of Environmental Protection BWSC 104 LlE ureau of Waste Site Cleanup Release Tracking Number RMANENT AND TEMPORARY SOLUTION STATEMENT 26151 rsuant to 310 CMR 40.1000(Subpart J) For sites with multiple RTNs,enter the Primary RTN above. G.LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,including any and all documents accompanying this submittal.In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(l),(ii)the applicable provisions of 309 CMR 4.02(2)and(3),and 309 CMR4.03(2),and(iii)the provisions of 309 CMR 4.03(3),to the best of my knowledge,information and belief, >if Section B indicates that either a Permanent or Temporary Solution Statement,Phase I Completion Statement and/or Periodic Review Opinion is being provided,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed and implemented in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,and(iii)comply(ies)with the identified provisions of all orders,permits,and approvals identified in this submittal. 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. 1.LSP#: 4303 2.First Name: DAVID C 3.Last Name: BENNETT 4.Telephone: 5088961706 5.Ext.: 6.Email: 7.Signature: DAVID C BENNETT 8.Date: 10/11/2016 9.LSP Stamp: mm/dd/yyyy �g sii of H.PERSON MAKING SUBMITTAL: 1.Check all that apply: r:a.change in contact name r b.change of address V c.change in the person undertaking response actions 2.Name of Organization: HOLLY MANAGEMENT&SUPPLY COMPANY 3.Contact First Name: STUART 4.Last Name: BORNSTEIN 5.Street: 297 NORTH STREET 6.Title: OWNER 7.City/Town: HYANNIS 8.State: MA 9.ZIP Code: 026010000 10.Telephone: 5087759316 11.Ext.: 12.Email: Revised:6/21/2016 Page 6 of 8 assachusetts Department of Environmental Protection BWSC 104 ureau of Waste Site Cleanup ERMANENT AND TEMPORARY SOLUTION STATEMENT Release Tracking Number(�j is ursuant to 310 CMR 40.1000(Subpart IT I 26151 For sites with multiple RTNs,enter the Primary RTN above. L RELATIONSIIIP TO RELEASE OR THREAT OF RELEASE OF PERSON-MAKING SUBMITTAL: I—Check here to change relationship rv—1.RP or PRP rd a.Owner r.b.Operator F c.Generator r d.Transporter r e.Other RP or PRP Specify: .r 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.50)) r 4.Any Other Person Making Submittal Specify Relationship: J.REQUIRED ATTACHMENT AND SUBMITTALS: 1.Check here if the Permanent or Temporary Solution 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. r 2.Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of a Permanent or Temporary Solution Statement that relies on the public way/rail right-of-way exemption from the requirements of an AUL. r 3.Check here to certify that the Chief Municipal Officer and the Local Board of Health have been notified of the submittal of a Permanent or Temporary-Solution Statement with instructions on how to obtain a full copy of the report. ry 4.Check here to certify that documentation is attached specifying the location of the Site,or the location and boundaries of the Disposal Site subject to this Permanent or Temporary Solution Statement.If submitting a Permanent or Temporary Solution Statement for a PORTION of a Disposal Site,you must document the location and boundaries for both the portion subject to this submittal and, to the extent defined,the entire Disposal Site. ry 5.Check here to certify that,pursuant to 310 CMR 40.1406,notice was provided to the owner(s)of each property within the disposal site boundaries,or notice was not required because the disposal site boundaries are limited to property owned by the party conducting response actions.(check all that apply) r a.Notice was provided prior to,or concurrent with the submittal of a Phase II Completion Statement to the Department. * b.Notice was provided prior to,or concurrent with the submittal of this Permanent or Temporary Solution Statement to the Department. c.Notice not required. d.Total number of property owners notified,if applicable: tt—. 6.Check here if you are submitting one or more AULs.You must submit an AUL Transmittal Form(BWSC113)and a copy of each implemented AUL related to this Permanent Solution or Temporary Solution Statement.Specify the type of AUL(s)below:(required for Permanent Solution with Conditions Statements where an AUL is being implemented) r a.Notice of Activity and Use Limitation b.Number of Notices submitted: r c.Grant of Environmental Restriction d.Number of Grants submitted: r 7.If a Permanent Solution Compliance Fee is required for any of the RTNs listed on this transmittal form,check here to certify that a Permanent Solution Compliance Fee was submitted to DEP,P.O.Box 4062,Boston,MA 02211. r 8.Check here if any non-updatable information provided on this form is incorrect,e.g.Site Address/Location Aid.Send corrections to bwsc.edep@state.ma.us. r 9.Check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. Revised: 6/21/2016 Page 7 of 8 assachusetts Department of Environmental Protection BWSC 104 ureau of Waste Site Cleanup f' Release Tracking Number y ERMANENT AND TEMPORARY SOLUTION STATEMENT � _ !' ursuant to 310 CMR 40.1000(Subpart J) I ' 1 26151 For sites with multiple RTNs,enter the Primary RTN above. K.CERTIFICATION OF PERSON MAKING SUBMITTAL: 1.I,STUART BORNSTEIN ,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,(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.I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate,or incomplete information. 2•By: STUART BORNSTEIN 3.Title: Signature 4.For: HOLLY MANAGEMENT&SUPPLY COMPANY 5.Date: 10/11/2016 (Name of person or entity recorded in Section H) mm/dd/yyyy 6.Check here if the address of the person providing certification is different from address recorded in Section H. 7.Street: 8.City/'Town: 9.State: 10.ZIP Code: 11.Telephone: 12.Ext: 13.Email: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE.YOU MUST LEGIBLY 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. Date Stamp(DEP USE ONLY:) Received by DEP on 10/11/2016 4:35:11 PM Revised:6/21/2016 Page 8 of 8 10/11/2016 eDEP-MassDEP's OnlineFiling System MassDEP Home i Contact I Privacy Policy MassDEP's Online Filing System E Pr Username:DAVIDBENNETT Nickname: BENNETTDAVID ,_,. • Receipt M Forms Attach Files Signature Receipt~ I Summary/Receipt _ print receipt Exit Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 869705 Date and Time Submitted: 10/11/2016 4:35:11 PM Other Email Form Name: BWSC104 Permanent And Temporary Solution Statement � i RTN: 4-26151 Location: FORMER CAR DEALERSHIP Address: 268 STEVENS STREET, HYANNIS, Person Making Submittal HOLLY MANAGEMENT & SUPPLY COMPANY i STUART BORNSTEIN 297 NORTH STREET HYANNIS, MA 026010000 LSP LSP #: 4303 I LSP Name: DAVID C BENNETT i https://edep.dep.mass-gov/Pages/PrintReceipt.aspx 1/2 10/11/20116 eDEP-MassDEP's OnlineFiling System Person Making Certification HOLLY MANAGEMENT & SUPPLY COMPANY Stuart Bornstein Ancillary Document Uploaded/Mailed BWSC-104 QUESTION.B2 - Perm. or Temp. Solution Stmt or RAO Report - Uploaded (BEA16-10824A IRAC-PSS 10.5.16.pdf) My eDEP MassDEP Home Contact Privacy Policy MassDEP's Online Filing System ver.12.26.2.0© 2016 MassDEP , i hftps://edep.dep.mass.gov/Pages/PrintReceipt.aspx 2/2 r L7Massachusetts Department of Environmental Protection i I eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: DAVIDBENNETT Transaction ID: 869735 Document: BWSC105 Immediate Response Action Transmittal Form Size of File: 190.06K Status of Transaction: Submitted Date and Time Created: 10/11/2016:5:20:11 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy"from the Current Submittals page. Massachusetts Department of Environmental Protection BWSC 105 Bureau of Waste Site Cleanup L1UL Immediate Response Action (IRA) Transmittal Form Release Tracking Number Pursuant to 310 CNM 40.0424-40.0427(Subpart D) - 26151 A.SITE LOCATION: 1.Release Name/Location Aid: FORMER CAR DEALERSHIP 2.Street Address: 268 STEVENS STREET 3.City/Town: HYANNIS 4.Zip Code: " 5.Check here if this location is Adequately Regulated,pursuant to 310 CMR 40.0110-0114. r a CERCLA r-b.HSWA Corrective Action c.Solid Waste Management r-d.RCRA State Program(21C Facilities) B.THIS FORM IS BEING USED TO:(check all that apply) 1.List Submittal Date of Initial IRA Written Plan(if previously submitted): 8/30/2016 r- 2.Submit an Initial IRA Plan. r 3.Submit a Modified IRA Plan of a previously submitted written IRA Plan. W 4.Submit an Imminent Hazard Evaluation.(check one) r a.An Imminent Hazard exists in connection with this Release or Threat of Release. W b.An Imminent Hazard does not exist in connection with this Release or Threat of Release. r c.It is unknown whether an Imminent Hazard exists in connection with this Release or Threat of Release,and further assessment activities will be undertaken. r-d.It is unknown whether an Imminent Hazard exists in connection with this Release or Threat of Release.However,response actions will address those conditions that could pose an Imminent Hazard. 5.Submit a request to Terminate an Active Remedial System or Response Action(s)Taken to Address an Imminent Hazard. 6.Submit an IRA Status Report r 7.Submit a Remedial Monitoring Report.(This report can only be submitted through eDEP.) a.Type of Report:(check one) r i.Initial Report r ii.Interim Report r iii.Final Report b.Frequency of Submittal:(check all that apply) F i.A Remedial Monitoring Report(s)submitted monthly to address an Imminent Hazard. r ii.A Remedial Monitoring Report(s)submitted monthly to address a Condition of Substantial Release Migration. r iii.A Remedial Monitoring Report(s)submitted every six months,concurrent with an IRA Status Report. ,r iv.A Remedial Monitoring Report(s)submitted annually,concurrent with an IRA Status Report. c.Number of Remedial Systems and/or Monitoring Programs: A separate BWSC105A,IRA Remedial Monitoring Report,must be filled out for each Remedial System and/or Monitoring Program addressed by this transmittal form. Revised: 11/14/2013 Page 1 of 6 Massachusetts Department of Environmental Protection BWSC 105 Ll Bureau of Waste Site CleanupImmediate Response Action (IRA) Transmittal FormRelease Tracking Number Pursuant to 310 CMR 40.0424-40.0427(Subpart D) 26151 8.Submit an IRA Completion Statement. r a.Check here if future response actions addressing this Release or Threat of Release notification condition will be conducted as part of the Response Actions planned or ongoing at a Site that has already been Tier Classified under a different Release Tracking Number (RT b.Provide Release Tracking Number of Tier Classified Site(Primary RTN): These additional response actions must occur according to the deadlines applicable to the Primary RTN.Use the Primary RTN when making all future submittals for the site unless specifically relating to this Immediate Response Action. r 9.Submit a Revised IRA Completion Statement. r 10.Submit a Plan for the Application of Remedial Additives near a sensitive receptor,pursuant to 310 CMR 40.0046(3). (All sections of this transmittal form must be filled out unless otherwise noted above) C.RELEASE OR THREAT OF RELEASE CONDITIONS THAT WARRANT IRA: 1.Media Impacted and Receptors Affected:(check all that apply) (r:a.Paved Surface T✓b.Basement r c.School r d.Public Water Supply r e.Surface Water r f.Zone 2 r g.Private Well r h.Residence r i.Soil rV j.Groundwater r k.Sediments r 1.Wetland r m.Storm Drain Won.Indoor Air r o.Air r p.Soil Gas r q.Sub-Slab Soil Gas r'r.Critical Exposure Pathway W s.NAPL .t.Unknown r r.Others Specify: 2.Sources of the Release or TOR:(check all that apply) a.Transformer r b.Fuel Tank r c.Pipe r d.OHM Delivery r e.AST r'f.Drums r,g.Tanker Truck ri h.Hose 1 i.Line r j.UST Describe: r k.Vehicle r'1.Boat/Vessel r in.Unknown JVn. Other: MECHANICAL LIFT 3.Type of Release or TOR:(check all that apply) r a.Dumping r`b.Fie r:c.AST Removal r d.Overfill r e.Rupture r f Vehicle Accident r g.Leak r h.Spill r i.Test failure r j.TOR Only r k.UST Removal Describe: r 1.Unknown �d m Other: MECHANICAL LIFT 4.Identify Oils and Hazardous Materials Released:(check all that apply) W.a.Oils r b.Chlorinated Solvents r c.Heavy Metals r d. Others Specify: D.DESCRIPTION OF RESPONSE ACTIONS:(check all that apply,for volumes list cumulative amounts) r 1.Assessment and/or Monitoring Only r 2.Temporary Covers or Caps P 3.Deployment of Absorbent or Containment Materials r 4.Temporary Water Supplies ry 5.Structure Venting System/HVAC Modification System r 6.Temporary Evacuation or Relocation of Residents WO 7.Product or NAPL Recovery ry 8.Fencing and Sign Posting V0 9.Groundwater Treatment Systems r 10.Soil Vapor Extraction r 11.Remedial Additives r 12.Air Sparging r 13.Active Exposure Pathway Mitigation System r 14.Passive Exposure Pathway Mitigation System Revised: 11/14/2013 Page 2 of 6 Massachusetts Department of Environmental Protection 13VVSC 105 Bureau of Waste Site Cleanup ,ram" Immediate Response Action (IRA) Transmittal Form Release Tracking Number Pursuant to 310 CMR 40.0424-40.0427 (Subpart D) r 26151 D.IDESCRIPTION OF RESPONSE ACTIONS:(cost.) -- 17 15.Excavation of Contaminated Soils. r a.Re-use,Recycling or Treatment i.On Site Estimated volume in cubic yards r ii.Off Site Estimated volume in cubic yards iia.Receiving Facility: Town: State: iib.Receiving Facility: Town: State: iii.Describe: r b.Store . i.On Site Estimated volume in cubic yards ii.Off Site Estimated volume in cubic yards iia.Receiving Facility: Town: State: iib.Receiving Facility: Town: State: c.Landfill r 7 i.Cover Estimated volume in cubic yards Receiving Facility: Town: State: ii.Disposal Estimated volume in cubic yards Receiving Facility:-- - -- Town: State: ry 16.Removal of Drums,Tanks,or Containers: a.Describe Quantity and Amount: 6 X 55-GAL DOT DRUMS(1800 LBS)OILY PADSBOOM b.Receiving Facility: TRADEBE TREATMENT AND RECYCLING Town: NEWINGTON State: NH c.Receiving Facility: Town: State: W 17.Removal of Other Contaminated Media: a.Specify Type and Volume: NAPL+WATER IN BASEMENT(3775 GAL),WASTEWATER-FRAC TANK CLEANING(350 GAL). r7 18.Other Response Actions: Describe: GROUNDWATER MONITORING,SOIL ASSESSMENT r 19.Use of Innovative Technologies: Describe: Revised: 11/14/2013 Page 3 of 6 • Massachusetts Department of Environmental Protection BWSC 105 Bureau of Waste Site Cleanup Release Tracking Number Immediate Response Action(IRA) Transmittal Form Pursuant to 310 CMR 40.0424-40.0427(Subpart D) Ll - 26151 E.LSP SIGNATURE AND STAMP: I attest under the pains and penalties of perjury that I have personally examined and am familiar with this transmittal form,including any and all documents accompanying this submittal.In my professional opinion and judgment based upon application of(i)the standard of care in 309 CMR 4.02(1),(ii)the applicable provisionsof 309 CMR 4.02(2)and(3),and 309 CMR 4.03(2),and(iii)the provisions of 309 CMR 4.03(3), to the best of my knowledge,information and belief, >if Section B of this form indicates that an Immediate Response Action Plan is being submitted,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000, (ii)is(are)appropriate and reasonable to accomplish thepulposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(iii)complies(y)with the identified provisions of all orders,permits,and approvals identified in this submittal; >if Section B of this form indicates that an Imminent Hazard Evaluation is being submitted,this Imminent Hazard Evaluation was developed in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,and the assessment activity(ies)undertaken to support this Imminent Hazard Evaluation comply(ies)with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000; >if Section B of this form indicates that an Immediate Response Action Status Report and/or a Remedial Monitoring Report is(are)being submitted,the response action(s)that is(are)the subject of this submittal(i)is(are)being implemented in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(iii)comply(ies)with the identified provisions of all orders,permits,and approvals identified in this submittal; >if Section B of this form indicates that an Immediate Response Action Completion Statement or a request to Terminate an Active Remedial System or Response Action(s)Taken to Address an Imminent Hazard is being submitted,the response action(s)that is(are)the subject of this submittal(i)has(have)been developed and implemented in accordance with the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000,(ii)is(are)appropriate and reasonable to accomplish the purposes of such response action(s)as set forth in the applicable provisions of M.G.L.c.21E and 310 CMR 40.0000 and(iii)comply(ies)with the identified provisions of all orders,permits,and approvals identified in this submittal. 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. 1.LSP#: 4303 2.First Name: DAVID C 3.Last Name: gENNETT 4.Telephone: 508-896-1706 5.Ext 6.Email: 7.Signature: DAVID C BENNETr 8.Date: 10/11/2016 (imnIdd/yyyy) 9.LSP Stamp: Off Electronic Seal Revised: 11/14/2013 Page 4 of 6 Massachusetts Department of Environmental Protection BWSC 105 Bureau of Waste Site Cleanup Release Tracking Number Immediate Response Action (IRA) Transmittal Form �^ � Pursuant to 310 CMR 40.0424-40.0427(Subpart D) L4 - 26151 F.PERSON UNDERTAKING IRA: 1.Check all that apply:_ ..:--_tea.change in contact name- r b.change of address--lfvZc.change in-the person undertaking response. actions 2.Name of Organization: HOLLY MANAGEMENT&SUPPLY COMPANY 3.Contact First Name: STUART 4.Last Name: BORNSTEIN 5.Street: 297 NORTH STREET 6.Title: O\A/NER 7.City/Town: HYANNIS 8.State: MA 9.Zip Code: 026010000 10.Telephone: 508-775-9316 11.Ext: 12.Email: G.RELATIONSHIP TO RELEASE OR THREAT OF RELEASE OF PERSON UNDERTAKING IRA: r Check here to change relationship r 1.RP or PRP rV a.Owner b.Operator .c.Generator d.Transporter r e.Other RP or PRP Specify Relationship: 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.50)) 4.Any Other Person Undertaking Response Actions: Specify Relationship: H.REQUIRED ATTACHMENT AND SUBMITTALS: 1.Check here if any Remediation Waste,generated as a result of this IRA,will be stored,treated,managed,recycled or reused at the site following submission of the IRA Completion Statement.If this box is checked,you must submit one of the following plans,along with the appropriate transmittal form. r-a.A Release Abatement Measure(RAM)Plan(BWSC106) r b.Phase IV Remedy Implementation Plan(BWSC108) 2.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 MassDEP or EPA.If the box is checked,you MUST attach a statement identifying the applicable provisions thereof. 170 3.Check here to certify that the Chief Municipal Officer and the Local Boardof Health were notified of the implementation of an Immediate Response Action taken to control,prevent,abate or eliminate an Imminent Hazard. 17 4.Check here to certify that the Chief Municipal Officer and the Local Boardof Health were notified of the submittal of a Completion Statement for an Immediate Response Action taken to control,prevent,abate or eliminate an Imminent Hazard. f' 5.Check here if any non-updatable information provided on this form is incorrect,e.g.Release Address/Location Aid.Send corrections to BWSC.eDEP@state.ma.us. Wo 6.Check here to certify that the LSP Opinion containing the material facts,data,and other information is attached. Revised: 11/14/2013 Page 5 of 6 Massachusetts Department of Environmental Protection BWSC 105 Bureau of Waste Site Cleanup Release Tracking Number Immediate Response Action (IRA) Transmittal Form 1�, Pursuant to 310 CMR 40.0424-40.0427(Subpart D) - 26151 I.CERTIFICATION OF PERSON UNDERTAKING IRA: 1.I, STUART BORNSTEIN ,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;(ii) that,based on my inquiry of the/those individual(s)immediately responsible for obtaining the information,the material information contained herein is,to the best of my knowledge,information and belief,true,accurate and complete;(iii) that,to the best of my knowledge,information and belief,I/the person(s)or entity(ies)on whose behalf this submittal is made satisfy(ies)the criteria in 310 CMR 40.0183(2);(iv)that I/the person(s)or entity(ies)on whose behalf this submittal is made have provided notice in accordance with 310 CMR 40.0183(5);and(v)that I am fully authorized to make this attestation on behalf of the person(s)or entity(ies)legally responsible for this submittal.1/the person(s)or entity(ies)on whose behalf this submittal is made is/are aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false,inaccurate,or incomplete information. 2.By: STUART BORNSTEIN 3.Title: OWNER 4.For: HOLLY MANAGEMENT&SUPPLY COMPANY 5.Date: 10/11/2016 (mm/dd/yyyy) r' 6.Check here if the address of the person providing certification is different from address recorded in Section F. 7.Street: 8.City/Town: 9.State: 10.Zip Code: 11.Telephone: 12.Ext 13.Email: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE.YOU MUST LEGIBLY 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. Date Stamp(DEP USE ONLY:) Received by DEP on 10/11/2016 4:34:13 PM 4 Revised: 11/14/2013 Page 6 of 6 10/11/2016 eDEP-MassDEP's OnlineFiling System s r• MassDEP Home i Contact i Privacy Policy Ll&--., ,p MassDEP's Online Filing System Usemame:DAVI DBENNETT Nickname: BENNETTDAVID .v.; .. • • • • „!;- - • • -. • Receipt, Forms Attach Files Signature Receipt L1 Summary/Receipt print receipt Exit Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. �4 DEP Transaction ID: 869735 Date and Time Submitted: 10/11/2016 4:34:13 PM Other Email Form Name: BWSC105 Immediate Response Action Transmittal Form RTN: 4-26151 Location: FORMER CAR DEALERSHIP Address: 268 STEVENS STREET, HYANNIS, Person Making Submittal HOLLY MANAGEMENT & SUPPLY COMPANY STUART BORNSTEIN 297 NORTH STREET HYANNIS, MA 026010000 LSP LSP #: 4303 LSP Name: DAVID C BENNETT https://edep.dep.mass.gov/Pages/PrintReceipt.aspx 1/2 10/11/2016 _ eDEP-MassDEP's OnlineFiling System Person Making Certification HOLLY MANAGEMENT & SUPPLY COMPANY Stuart Bornstein Ancillary Document Uploaded/Mailed BWSC-105 Q.1304 Imminent Hazard Evaluation Doc - Uploaded (IHE Referen'ce.pdf) BWSC-105 Q.1308 - IRA Completion Report - Uploaded (BEA16-10824A IRAC=PSS 10.5.16.pdf) My eDEP MassDEP Home Contact Privacy Policy MassDEP's Online Filing System ver.12.26.2.0© 2016 MassDEP https://edep.dep.mass.gov/Pages/PrintReceipt.aspx 2/2 ` Date: / 6 TOWN OF BARNSTABLE YSQ No perms r TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTOR 7 NAME OF BUSINESS: BUSINESS LOCATION: 19�9 INVENTORY MAILING ADDRESS: Po OD TOTAL AMOUNT: TELEPHONE NUMBER: 90MS CONTACT PERSON: 1 � ItGLA-, EMERGENCY CONTACT TELEPHONE NUMBER:&A -7744`? �� MSDS ON SITE? TYPE OF BUSINESS: o e IN ORMATION/RECOMMENDATIONS: i Fire District: , �� Waste Transportation:�� —J Last shipment of hazardous.waste: Name of Hauler: Destination: Waste Product: — Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division, LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) Misc. Corrosive NEW USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides NEW USED (insecticides, herbicides, rodenticides) Gasoline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways &garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (inc. carbon tetrachloride) NEW USED Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor &furniture strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers L. Pligg ivvic,, _ flims (including bleach) Spot removers &cleaning fluids (dry cleaners) Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS Date: TOWN OF BARNSTABLE TOXIC AND HAZARDOUS MATERIALS ON-SIT VENT Y NAME OF BUSINESS: BUSINESS LOCATION: Q ESE u N-7 I, / MAILING ADDRESS: 9.0 Roy CQ©6��` arxtl't S Cnx na o ( TOTAL AMOUNT: TELEPHONE NUMBER: G% CONTACT PERSON: oL EMERGENCY CONTACT TELEPH NE NUMBER: MSDS ON SITE? TYPE OF BUSINESS: INFORMATION/RECOMMENDATIONS: Fire District: Waste Transportation: Last shipment of hazardous.waste: Name of Hauler: Destination: Waste Product: Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum Antifreeze (for gasoline or coolant systems) Misc. Corrosive NEW USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants ' J Motor Oils Pesticides NEW USED (insecticides, herbicides, rodenticides) Gasoline, Jet fuel, Aviation gas Photochemicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways & garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergentsLeather dyes Car waxes and polishes Fertilizers �� � Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated by o rbonsf I� Lacquer thinners (inc. carbon tetrachloride) f/(,Gi.f..IIXX NEW USED Any other products with "poison" labels ItA V Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammable( hydrochloric acid, other acids) Floor& furniture strippers , Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers (including bleach) 'e1eL. cx-- Spot removers &cleaning fluidsq I (dry cleaners) >n L Co PD Pr odc� Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS rk � Y Town of Barnstable Regulatory Services d � F4 Thomas F. Geiler,Director * : * Public Health Division *zk4a�' ► � Thomas McKean,Director A� fl 200 Main Street, Hyannis,MA 02601 Phone: 508-862-4644 Email:healthRtown.bamstable.ma.us Fax: 508-790-6304 Office Hours: M-F 8:00—4:30 April 20,2005 Dear Business Owner/Operator: This letter is to inform you in advance of an upcoming visit to your establishment by the Town of Barnstable Health Department,Hazardous Materials Specialist. The purpose of coming to your business is to take inventory of all hazardous materials stored, generated,handled and disposed:of on-site. The Hazardous Materials inventory is a routine function of the Public Health Division required by the Town of Barnstable Ordinance,Chapter 108:Hazardous Materials;the.310 Code of Md'ssdchVs&tts RegaIatioris,"Section 30:'Hazard6iis Wane R guIafioiis=arid the kdefil" s�' Emergency Planning and Community Right to Know Act(EPCRA). Copies of these laws are . available for your reference at the Town Offices. The essential functions of the Hazardous Materials Specialist are as follows: • Inventory types and quantities of hazardous materials at business establishments. • Enforce Town Ordinance and State Codes in regards to proper storage,handling and disposal methods of hazardous materials. • Educate workers and business owners regarding proper storage,handling and disposal of hazardous materials. • To assist businesses with regulation compliance through on-site inventory recording, information packets, guidelines and referrals. • Perform site inspections to ensure conformance with the regulations mentioned above. The Public Health Division will conduct a hazardous materials inventory site visit during the week of May 2—May 6. If you wish to schedule a specific day and time for your site visit, have any questions or need further information,please do not hesitate to contact Alisha L.Parker, Hazardous Materials Specialist at(508) 862-4645,or myself, at the Public Health Division(508) 862-4644. Thank you in advance for your time and cooperation. V) 0 Sincerely, l 1� etea�w �" . 01 bf cK;� a Thomas A. McKean,R.S., CHO / \I Director of Public Health V�Q �J 0 rN Town of Barnstable-Health Department Page 1 HAZARDOUS MATERIALS INVENTORY SITE VISITS DBA: P R Cleaning Fax: .... _... .......... ..... ....... ....... ..... ... ..: Mai Corp Name: Mailing Address y _ _. ....... ............- Location: '.297 North St.Unit 111,Hyannis Street: po box 2061 mappar: City: Contact: :Keisser Rocha State: Ma Telephone: 508-778-9839 Zip: 02601; Emergency: .774-836-2055 Person Interviewed: Keisser Rocha ....... Business Contact Letter Date: 4/20/2005 Category: Miscellaneous Inventory Site Visit Date: 5/19/2005 Type: Follow Up/Inspection Date: ............_.._._........................................................... ❑ public water ❑ indoor floor drains ❑ outdoor surface drains ❑ license required ❑ private water ❑ indoor holding tank mdc ❑ outdoor holding tank mdc ❑ currently licensed ❑ town sewage ❑ indoor catch basin/drywell ❑ outdoor catch basin/drywell expir ----—- - - - ❑ on-site sewage ❑ indoor on-site syste ❑ outdoor onsite system date: _. ........................... ... 5/19105 alp VSQG-minimal cleaning supplies on site.no msds on site, compliance: ordered to obtain.No permit required. Satisfactory Page 2 Town of Barnstable-Health Department HAZARDOUS MATERIALS INVENTORY Chemicals: ❑d Zero Toxic Waste Materials ❑ gty's>25 Ibs dry or 50 gals liquid but less than 111 gals ❑ gty's 111 gals or more descn tlfi ones household cleaners 11 gallons .___......._...._........_..__.__..........._.._.___...__._._..._.._............._..__._._...._._.........__.__. ....__.._._..__._........__........_..._..._................_...._.........._...........__............._...........___......._........ ......_. Misc.Flammable 1 Igallons Waste Transporter: Fire District: Last HW Shipment Date: Waste Hauler Licensed: No __.. ._. ......... . .. ................. TOXIC AND HAZARDOUS MATERIALS WEXGISTRATION FORM Mail To: NAME OF BUSINESS:. L �� Board of Health MAILING ADDRESS: d OW01 Town of Barnstable TELEPHONE NUMBER: 71164AYm -77f-/ q P.O. Box 534 CONTACT PERSON: Hyannis, MA 02601 Does your firm store any of the toxic or hazardous materials listed below, either for sale or for your own use, in quantities total ' g, at any time ore than`�50 gallons liquid volume or 25 pounds dry weight? YES NO '") !J-l� This form must be returned to the Board of Health regardless of a yes or no answer. Use the enclosed envelope for your convenience. If you answered YES above, please indicate if the materials are stored at a site other than your mailing address: ADDRESS: TELEPHONE: LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health has determined that the following products exhibit toxic or hazardous characteristics and must be registerede._ftef st d i gfa r�tlliesgto Ft�n' ore t a ( g hkb a t�id yalureo � 5 p °:ham Please put a check beside each product that you store: Antifreeze (for gasoline or coolant systems) Drain cleaners Automatic transmission fluid Toilet cleaners Engine and radiator flushes Cesspool cleaners Hydraulic fluid (including brake fluid) Disinfectants Motor oils/waste oils Road Salt (Halite) Gasoline, Jet fuel Refrigerants Diesel fuel, kerosene, #2 heating oil Pesticides (insecticides, herbicides, Other petroleum products: grease, lubricants r denticides) Degreasers for engines and metal Photochemicals (fixers and developers) Degreasers for driveways & garages Printing ink Battery acid (electrolyte) Wood preservatives (creosote) Rustproofers Swimming pool chlorine Car wash detergents Lye or caustic soda Car waxes and polishes Jewelry cleaners Asphalt & roofing tar Leather dyes Paints, varnishes, stains, dyes Fertilizers (if stored outdoors) Paint & lacquer thinners PCB's Paint & varnish removers, deglossers Other chlorinated hydrocarbons, Paint brush cleaners (inc. carbon tetrachloride) Floor & furniture strippers Any other products with "Poison" labels Metal polishes (including chloroform, formaldehyde, Laundry soil & stain removers hydrochloric acid, other acids) (including bleach) Other products not listed which you feel may Spot removers & cleaning fluids be toxic or hazardous (please list): (dry cleaners) Other cleaning solvents Bug and tar removers Household cleansers, oven cleaners White Copy-Health Department/ Canary Copy-Business � i 64Z- ti45 Receipt for Certified Mail No Insurance Coverage Provided o S<.h5 Do not use for International Mail Fwireu POSrLL SERVIC4 (See Reverse) S t to Of d n �w F t eet and No. y L Cd 2 P.O.,State and ZIP Code C " C) Postage M IO E Certified Fee f `� I dSpecial Delivery Fee {f estrtgte-�De,�vq Lee ietu,peceiPt.,,..owm9 {{{ to-Whom&Date Delivered / Return Receipt Showing to Whom, Date,and Addressee's Address TOTAL Postage . &Fees Postmark or Date STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address In leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). 3 IC 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. t 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. I� 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, p endorse RESTRICTED DELIVERY on the front of the article. `o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If .'LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a B. Save this receipt and present it if you make inquiry. I 105e03-93-B-0218 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X "1* ❑Addressee so that we can return the card to you. B. Receiv by(Printed Name) C. Date of Deikery * Attach this card to the back of the mailpiece, �10 or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No r Aaron Bornstein North Streetnnis,MA 02601 ; 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number _ (Transfer from service label) M PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PUBLIC HEALTH DIVISION TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MASSACHUSETTS 02601 i J I CS G a t Iliffiffld dif!!ilf!ff�f� l ifllif!!IfffFf!lfiilfif3 !!!f ! ! � a p �. • . . . . .•. rq • n Er r'r d . . • ri OFFICIAL p Postage $ M E3 p Certified Fee / O p /,P stmark 0) p Return Receipt Fee p (Endorsement Required) H�{e p Rez trtcted Delivery Fee Uo6 (Endorsement Required) A Total Postage&Feesrs L S Lrl p Sent To �'0' f 0.i'°-n----- ---------------- SYiee%Apt No.;or PO BoxNo. 'qe 7... �IQ-Y--t------------S---t-- Ct oily,State Z%P+4 d ••-----/----------- III" Certified Mail Provides: as�anaa)zoos aun n A mailing receipt ( r'ooss w,0=1 Sd o A unique identifier for your mailpiece I ' o A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mailetor Priori4 Mail®. o Certified Mail is not available for any class of international mail. o NO INSURANCE'COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted-Delivery": o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and PPOs. r } OF SFtE t Town of Barnstable 6 hi Regulatory Services Department rF+p MA'S- Public Health Division 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO January 18, 2006 Mr. Aaron Bornstein 297 North Street Hyannis, MA 02601 RE: ORDER TO CONSTRUCT TOILET FACILITIES AT 31 THORNTON DRIVE Dear Mr. Bornstein, This Office received several complaints regarding the property owned by you located at 31 Thornton Drive, Barnstable. The complainants indicated that there is a automobile business in operation and the tenants do not have any toilet facilities available within this building. Toilet facilities are required per the State Plumbing Code, 24 CMR 2.10. You stated to me on the telephone today that there were workers at this site today installing piping for the future bathrooms. You also called be back later in the afternoon and stated new walls will be constructed tomorrow for the new bathrooms. You are directed to install operational toilet facilities onsite for the existing tenants within seven(7) days of your receipt of this order letter. You may request a hearing if written petition requesting same is received by the Board of Health within seven days of this letter. Failure to comply with an order of the Public Health Division may result in penalties. PER ORDER OF HE PUBLIC HEALTH DIVISION I Thomas A. McKean,RS, Director of Public Health COMPLETE • ■ Complete items 1,2,and 3.Also Complete A. Received by(Please Print Clearly) ' _� e Delivery item 4 if Restricted Delivery is desired. Z " of ■ Print your name and address on the reverse QA so that we can return.the card to you. natu ■ Attach this card to the back of the mailpiec 1 Agent or on the front if'space permits. Addressee, Is delivery address different from item 1N,.0''es 1. Article Addressed to: µ If YES,enter delivery address below: ❑ �'3�� O G0 3. Serv6�#'161 Type L� ertrtified.Mail—O"Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) PS Form 3811.,July,1.999 4�' Domestic Return Receipt 102595.00-M-0952 i -ttt I VIM HIM11, 10 11t111 I; UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS �i Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • q 4- wilt,Rivii'th ()v%of Barnstable f lll=g s?� a2�1�' r i °Ft r Town of Barnstable °^ Regulatory Services * ' ' `� Thomas F. Geiler, Director Y� 1639. , a Public Health Divisior1 Thomas McKean, Director 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 March 6, 2001 Salvatore Graceffa & Julie Rounds 55 Foster Avenue Hyannis, MA 02601 RE: Map & Parcel 307- Pcl. 183 Dear Mr. Graceffa and Ms. Rounds: You are directed to connect your building located at 55 Foster Road, Hyannis, MA., to public sewer on or before September 6, 2001. The Superintendent of the Department of Public Works has notified us that your property abutts town sewer lines. The lines were extended because of the density, and the size of the lots in the area, and the potential for serious health problem. Failure to comply with this order will result in a court complaint against you for failure to comply with a Board of Health Order. If you should have.any questions,, please telephone me at 862-4644. PER ORDER OF THE BOARD OF HEALTH t- as A. McKean, R.S. CHO Health Agent for TOWN OF BARNSTABLE BOARD OF HEALTH Susan G. Rask, RS., Chairperson copy: Peter Doyle Sumner Kaufman, M.S.P.H. Return receipt requested sewerco2 �IHE Town of Barnstable Department of Health, Safety, and Environmental Services 8,► NAM. Public Health Division NAM. 1639• �� 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean FAX: 508-775-3344 Director of Public Health September 9, 1996 Ja' OBornstein TRS Lawe Realty Trust P. O. Box 957 Hyannis, MA 02601 Dear Mrs. Bornstein: You are required to appear at the Board of Health hearing scheduled on September 17, 1996 at 7:00 P.M. The meeting will be held in the Second Floor Hearing Room of the Town Hall, 367 Main Street, Hyannis. At this meeting you or your representative will be asked to explain why you have not complied with the order letter dated July 10, 1996 concerning violations of the State's Underground Injection Control Program (310 CMR 27.00). If you should have any question please telephone me at (508) 790-6265. Sincerely yours, �as . McKean Director of Public Health Town of Barnstable TM/bcs jamila i �t►�_, Town of Barnstable Department of health,Safety,and Environmental Services lfA M. LE. MA ' public Health Division MAfl.9. P j°tEp1�� 367 Main Street,Hyannis MA 02601 7%maa A.McKean Ofrice: 508-790-6265 Director of Public lleahh FAX: 508-775-3344 July 10, 1996 Jamila A. Bornstein TRS Lawee Realty Trust P.O. Box 957 Hyannis, MA 02601 Dear Ms. Bornstein: RE: Hyannis Nissan, 297 North Street, Hyannis On June 24, 1996, Donna Miorandi, Health Inspector for the Town of Barnstable, inspected the Hyannis Nissan business, owned by you located at 297 North Street, 1-Iyannis. She observed indoor floor drains which are connected to an MDC trap followed by a leach pit. The leach pit is considered an injection well according to the State Department of Environmental Protection. As mandated under the Federal Safe Drinking Water Act, the state Underground Injection Control (U1C) regulations prohibit potentially polluting discharge to injection wells. Vehicle maintenance operations commonly use unauthorized injection wells, such as floor drains leading to a septic system, dry well, or oil/water separator which leads to any subsurface leaching structure. Under the State Plumbing Code(248 CMR 2.09 (1) (c) (3), owners/operators of facilities with floor drains tied to injection wells (or discharging to any surface point) have three options: 1. Seal the floor drain. Contact your local plumbing inspector for the appropriate filing form. if choosing this option, all previous discharges to the drain must be ..� � :,� � �� 1 � � � i f``(A1'� v\ 4 �� � \ I ' ��j �� �C PAA ] Real Estate System - Ge 'e 1 Property Inquiry] Help [ ] Parcel Id: 308 017- - Account N, ': 219864 Parent : Location: 268 STEVENS ST Neighborhood: HY09 Fire Dist : HY ss Lot Size: 1 . 01 Acres Devel Lot : State Class: 330 Current Own: HYANNIS IMPORTED CARS LP No. Bldgs : 1 Area: 8250 297 NORTH STREET year Added: HYANNIS MA 2601• Deed Date : 100195 Reference : 9907/166 January 1st : HYANNIS IMPORTED CARS LP Deed MMDD: 1095 Deed Ref : 9907/166 Comments : 249700 Extra Features : 7300 162000 Buildings: ) Frntg: 218 Values : Land: Index: 1535 (STEVENS STREET Road System: 268 ) Frntg: 197 Index: 1032 (MITCHELL' S WAY Control Info: Last Auto Upd: 052Date : 0000596 •Bldgsst TACS Reviewedp O 31596 By: Date: 0000 Land Reviewed BY: Taken: Account Status: Hold Status : Tax Title: Account : Cancel [ ] Press XMT for more data Action [ ] Next screen [PAR ] ] Owners Name [ Road Name [ ] [ ] Road Index [ ] Parcel Number [308] [018] [ ] [ , R P 015 496 557 Rebeipt for .# Certified Mail © No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to � v Street and No. P.O.,State and ZIP Code Postage $ n j Certified Fee. y / V Special Delivery Fee Restricted Delivery Fee Return Receipt Showing Off to Whom&Date.Delivered A / 6 Return Receipt Showingto Whom, - 7 Date,and Addressee's Address TOTAL Postage C &Fees' O Postmark or Date p� f E 0 U. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address y leaving the receipt attachbd and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. m 3. If you want a return receipt,write the certified mail number and your name and address on a It return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. O O 00 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. ,a E o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If 1* LL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-z-0478 r 'A' it Town of Barnstable � Department of Health,Safety,and Environmental Services R"ASS. Public Health Division 141A Eo ° 367 Main Street,Hyannis MA 02601 Office: 508-790-6265 Thomas A McKean FAX: 508-775-3344 Director of Public Health September 12, 1996 Paul Bornstein Hyannis Imported Cars 297 North Street Hyannis, MA 02601 Dear Mr. Bornstein: RE: Hyannis Nissan, 297 North Street, Hyannis On June 24, 1996, Donna Miorandi, Health Inspector for the Town of Barnstable, inspected the Hyannis Nissan business, owned by you located at 297 North Street, Hyannis. She observed indoor floor drains which are connected to an MDC trap followed by a leach pit. The leach pit is considered an injection well according to the State Department of Environmental Protection. As mandated under the Federal Safe Drinking Water Act, the state Underground Injection Control (UIC) regulations prohibit potentially polluting discharge to injection wells. Vehicle maintenance operations commonly use unauthorized injection wells, such as floor drains leading to a septic system, dry well, or oil/water separator which leads to any subsurface leaching structure. Under the State Plumbing Code(248 CMR 2.09 (1) (c) (3), owners/operators of facilities with floor drains tied to injection wells (or discharging to any surface point) have three options: 1. Seal the floor drain. Contact your local plumbing inspector for the appropriate filing form. If choosing this option, all previous discharges to the drain must be eliminated at their source. For example, cars should no longer be washed and floors should no longer be hosed down. q:bomstein 2. Connect the floor drain to a holding tank. The tank will need DEP approval. The DEP approves two types of holding tanks for this waste: new installations and conversions of existing structures (e.g. oil/water separators). These tanks are for non-hazardous, industrial wastewater. If solvents, antifreeze, oil and other fluids are washed down the drain, the waste is likely to be hazardous. 3. Connect the floor drain to a municipal sewer system, if available. An oil/water separator is required to be installed under this option. This requires a permit from DEP and the Town of Barnstable Department of Public Works along with the sewer connection application. The amount of discharge shall not exceed ten parts per million (10 ppm). In all cases, the owner must file a UIC NOTIFICATION FORM with DEP. You are directed to comply with the state's UNDERGROUND INJECTION CONTROL regulations (310 CMR 27.00) by informing this department in writing of completing Y our intentions within fourteen(14) days of receiptof this notice and the work within forty-five (45) days. Your are also ordered to pump the MDC trap within(5) five days of receipt of this notice. Please sent a receipt of the pumping to this department. PER ORDER OF THE OARD OF HEALTH omas A. McKean Director of Public Health Enc. Industrial Floor Drains cc: Ed Jenkins, Town of Barnstable Plumbing Inspector q:bomstein ai SENDER: I also wish to receive the o ■Complete items 1 and/or 2 for additional services. w ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. d ? ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address u ` permit. ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery■The Return Receipt will show to whom the article was delivered and the date ) o delivered. Consult postmaster for fee. 0 v 3.Article Addressed to: 4a.Article Number d E A�''0 ,�j 6�i? �vQ GE ;4b. ice Type 0 0 t; � /��i/ Registered ❑ Certified ch ❑ Express Mail ❑ Insured F LU N it s/ L �_ ❑ Return Receipt for Merchandise ❑ COD c ` Q ,7.Date of Delivery 0 5.Received By: (Print Name) z 8.!Addressee's Address(Only if requested W l ""and fee is paid)9cl 1 t N g 6.Signat e:(Addre ee or nt) yX� � �SPS / . . Ps Form 3811; December't "` Domestic Return Receipt i I UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • Board of H®alth -..*� -7 Town of Barnstable - P.O. Box 534 Hyannis,Ma:,sachusetts 02601 I I i I � I P 015 495 537 Receipt for - Certifi®d Mail © No Insurance Coverage Provided Do not use for International Mail (See Reverse) S Sent to orb eill S t d No. X t Wosts ,State and-ZIP Code ge Certified Fee V-4 Special Delivery Fee i Restricted Delivery Fee H CD Retum Receipt Sh I! p� to Whom&Dal o Return Receipt n horn, Date,and Addressee'a A re$sy TOTAL Postage,Z _ C &Fees `fir C) Postmark or Dat Cf) E o LL s STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(nee front). j �' 1 ,lam err 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attachbd and present the article'at a post'offici service window or hand it to your rural carrier(no extra charge). t t ' ( e' 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. m Rr 3. If you want a return receipt,write the certified mail number and your name and address on a C return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends it space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT, REQUESTED adjacent to the number. • O 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E o` 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If rL return receipt is requested,check the applicable blocks in item 1 of Form 3811. a 6. Save this receipt and present it if you make inquiry. 102595-93-Z-0478 ai SENDER: I also wish to receive the v ■Complete items 1 and/or 2 for additional services. H ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): dcard to you. d > ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address lv permit. d d, ■Write'Pptum Receipt Requested'on the mailpiece below the article number. 2. El Restricted Delivery N t ■The RL um Receipt will show to whom the article was delivered and the date a c delivered. Consult postmaster for fee. .� 0 v 3.Article Addressed to: 4a.A�e Number a0i a j C, (-,Ij {� ' o i ns�-��t� � S 1 s �3-7 E LQ w e e ReC, T —ram LLS f 4b.Service Type 0 //�� G f (� � ❑ Registered Certified W W` P.O , k]ox `�� ❑ Express Mail ❑ Insured of c cc Va n i S p � ❑ Return Receipt for Merchandise ❑ COD 0 c i 7.Date of Delir/O 1000 11 w d¢ � 6 X 5.Received By:(Print Name) 8.Addressee's A dress�Qnlyif quested W and fee is A) &I , c g 6.Signatur : dressee or Agent) Lam® :,'aX N PS Fo&3811, December 1994 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid LISPS Permit No.G-10 • Print your name, address, and ZIP Code in this box• F Board of HOM u lbwn of Bamsteble ' P.O.Box B4 'v Hyannis,Mueaohu Wb 0M1 i, o� I� �t Town of Barnstable Department of Health,Safety,and Environmental Services B" AM.`�'MA98. Public Health Division 9��fn . & 367 Main Street,Hyannis MA 02601 Office: 508-790-6265 - ?homas A.McKean FAX: 508-775-3344 Director of Public Health July 10, 1996 Jamila A. Bornstein TRS Lawee Realty Trust P.O. Box 957 Hyannis, MA 02601 Dear Ms. Bornstein: RE: Hyannis Nissan, 297 North Street, Hyannis On June 24, 1996, Donna Miorandi, Health Inspector for the Town of Barnstable, inspected the Hyannis Nissan business, owned by you located at 297 North Street, Hyannis. She observed indoor floor drains which are connected to an MDC trap followed by a leach pit. The leach pit is considered an injection well according to the State Department of Environmental Protection. As mandated under the Federal Safe Drinking Water Act, the state Underground Injection Control (UIC) regulations prohibit potentially polluting discharge to injection wells. Vehicle maintenance operations commonly use unauthorized injection wells, such as floor drains leading to a septic system, dry well, or oil/water separator which leads to any subsurface leaching structure. Under the State Plumbing Code (248 CMR 2.09 (1) (c) (3), owners/operators of facilities with floor drains tied to injection wells (or discharging to any surface point) have three options: 1. Seal the floor drain. Contact your local plumbing inspector for the appropriate filing form. If choosing this option, all previous discharges to the drain must be I eliminated at their source. For example, cars should no longer be washed and floors should no longer be hosed down. 2. Connect the floor drain to a holding tank. The tank will need DEP approval. The DEP approves two types of holding tanks for this waste: new installations and conversions of existing structures (e.g. oil/water separators). These tanks are for non-hazardous, industrial wastewater. If solvents, antifreeze, oil and other fluids are washed down the drain, the waste is likely to be hazardous. 3. Connect the floor drain to a municipal sewer system, if available. An oillwater separator is required to be installed under this option. This requires a permit from DEP and the Town of Barnstable Department of Public Works along with the sewer connection application. The amount of discharge shall not exceed ten parts per million (10 ppm). In all cases, the owner must file a UIC NOTIFICATION FORM with DEP. You are directed to comply with the state's UNDERGROUND INJECTION CONTROL regulations (310 CMR 27.00)by informing this department in writing of your intentions within fourteen (14) days of receipt of this notice and completing the work within forty-five (45) days. Your are also ordered to pump the MDC trap within (5) five days of receipt of this notice. Please sent a receipt of the pumping to this department. PER ORDER OF THE BOARD OF HEALTH T omas A. McKean Director of Public Health Enc. Industrial Floor Drains cc: Ed Jenkins, Town of Barnstable Plumbing Inspector 4?t Town of Barnstable Department of Health, Safety, and Environmental Services '"R"A`AeM � MAW Public Health Division 7 s6J9. � Ec " 367 Main Street, Hyannis MA 02601 Thomas A McKean Once: 508-790-6263 FAX: 509-773-3344 Director of Public Heahh IV 199� 'A In I LA A VX ey flL� -rW�8yANnVis , M A Ozp C Dear As mandated under the Federal Safe Drinking Water Act, the state Underground Injection Control (UIC) regulations prohibit potentially polluting discharge to injection wells. Vehicle maintenance operations commonly use unauthorized injection wells, such as floor drains leading to a septic sytem, dry well, or oil/water separator `which leads to any subsurface leaching structure. Under the State Plumbing Code (248 CMR 2.09 (1) (c) (3), facilities with floor drains tied to injection wells (or discharging to any surface point) have three options: 1. Seal the floor drain. Contact your local plumbing inspector for the appropriate filing form. If choosing this option, all previous discharges to the drain must be eliminated at theri source. For example, cars should no longer be washed and floors should no longer be hosed down. 2. Connect the floor drain to a holding tank. The tank will need DEP approval. The DEP approves two types of holding tanks for this waste: new installations and conversions of existing structures (e.g. oil/water se arater These tanks are for non-hazardous, industrial wastewater. If solvent antifreese` it and other fluids are washed down the drain, the waste is likely to be hazardous. 3. Connect the floor drain to a municipal sewer system, if available. An oil/water separator is required to be installed under this option. This requires a permit from DEP and the Town of Barnstable Department of Public Works along with the sewer connection application. The amount of discharge shall not exceed ten parts per million(10 ppm). In all cases, the owner must file a UIC NOTIFICATION FORM with DEP. tl 4 1 � You are directed to comply with the state's UNDERGROUND INJECTION CONTROL regulations (310 CMR 27.00) by informing this department in writing of your intentions within ten (10) days of receipt of this notice and completing the work within thirty (30) days. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health ° /0 eNftof-Vr6 c� C�✓lJ , I 6LA05TONF L IN17EO- PARTNER5HIP 297 North Street d Hyannis, Massachusetts 02601 February 8, 1996 Mr. Thomas A. McKean Director of Public Health Town of Barnstable Health Department 367 Main Street Hyannis, MA. 02601 Dear Mr. McKean: Per your letter of January 26, 1996, all the listed violations have been corrected. Please note: 410.501(A) : "Windows in living room were not wather tight as cold air could be felt blowing through the bottom of window & sash frame." It was not weather tight because the flashing was not under the sash. When the roofer unrolled the sash, he found a hashish pipe underneath! Never the less, it has been fixed. Also note: 410,482 : "Tenant stated that the business operator person on the first floor of the buildingp g ulled fuses out of the fuse box at night resulting in non-operation of the smoke detectors, emergency lights and fire box in hallway. Tenant stated that the business did this to save electricy." Alan at Cape Cod Truck Caps denied ever doing this, commenting it was totally preposperous. I would also like the record to show that violations -*410.50 i(B) and 410.480 were caused as a direct result of Mr. Kennedy's and Ms. Pierce's actions. Hopefully this settles the problem for the moment. Kindly yours, Aaron Bornstein cc: Alan, Cape Cod Truck Caps Chris kuchinski BARNSTABLE, REFERENCE MA - PLAN TITLED "SUBDIVISION PLAN OF LAND IN HYANNI5, BARNSTABLE, MASS" PREPARED BY DAVID H. GREENE, SURVEYOR,DATED NOVEMBER 1961 LOCUS TOWN OF BARNSTAB PleasantLE ASSESSOR'S MAP 308 PARCEL O 17 Hill Ln 5 N hej�s 3 No NOTE: THI5 51TE PLAN WA5 NOT PREPARED FROM ANY INSTRUMENT SURVEY AND UNDER NO CIRCUMSTANCES SHOULD THE DISTANCES, BEARING AND/OR OTHER FEATURES SHOWN BE U5ED TO ESTABLISH PROPERTY LINES. ALL LOCATIONS ARE APPROXIMATE. w Main 5t 500th 5t 'Jade Pie KEY MAP LEGEND ® CATCH BASIN �A° Q MONITORING WELL � HAND BORING is �(� I O IJ lz—� I 6, o� AREA OF DISTURBANCE (FRESH SAND) 66 I RESIDENTIAL SSA I I 1 5TIFEL NICOLAUS INVESTMENTS } WATER TREATMENT SYSTEM (SEE DETAIL) p - l°�Z1- MW-I I EXTERIOR RAMP m - - � MW-2 \ 6 RESIDENTIAL `SLAB r: VILLAGE MARKET PLACE —1 li RESIDENTIAL APARTMENTS —-- H B-3 H B- rn I sumPHB-2' z I i I DEFINED SITE/ I AREA OF PERMANENT SOLUTION STATEMENT D W-6 75'x 1 25' I— J OR LK US I � LIVING HOPE FAMILY z 0 _ CHURCH I Q 0--I L HOLE/FRACTURE IN FORMER UST I' =Q FIRST FLOOR SLAB MW-3 A FULL () O BASEMENT ® -A I rn 2� MW-4 I 18,000 GALLON WEIR TANK Q MW-5 GAC I GAC 2 LOCUS ' v�p,� 268 STEVENS STREET FIRST FLOOR O RETURN TO BASEMENT �0 BASEMENT eP TRASH PUMP SAMPLE PORT FLOW METER MITCHELL'S WAY � (EFFLUENT) C?OVv� i -MR. PERRYS TUX I R COMMERCIALOJEGTED / BEAUTY SALON CAPE WIDE TELEPHONE \` SUMP PUMP UNDEVELOPED GRIP t SHAFT MASTER \ (WATER INTAKE) I LA CHEZ PATRICE I 1 .) 16,000 GAL. WEIR BAFFLED OPEN-TOP FRAC TANK 2.) PUMPS FROM WEIR TANK TO 2 x 2000 Ib GRANULAR ACTIVATED CARBON VESSELS 3.) CLEAN EFFLUENT RETURNED TO BASEMENT I I Q RESIDENTIAL i [RTN 4-26151 I / � Project: I 1' =- - - HYANNIS IMPORTED CARS, LP. I c/o HOLLY MANAGEMENT & SUPPLY CORP P ISO C E S S FLOW D I AG fZA M 297 NORTH STREET-HYANNIS,MA 02601 Title: NOT TO SCALE IMMEDIATE RESPONSE ACTION COMPLETION with PERMANENT SOLUTION STATEMENT 268 STEVENS STREET-HYANNIS,MA 02601 BENNETT ENVIRONMENTAL ASSOCIATES INC. S KETC H PLAN BEA LICENSED SITE PROFESSIONALS,ENVIRONMENTAL SCIENTISTS, GEOLOGISTS, ENGINEERS .lq 0 50 100 150 1573 MAIN STREET,P.O.BOX 1743,BREWSTER,MA 02631 er PHONE:(508)896-1706 www.bennett-ea.com FAX:(508)896-5109 SCALE 1 "=50' DATE SCALE BY CHECK JOB NUMBER 10/04/16 As Noted SRF TME/DCB BEA16-10824A 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 01/13 Town of Barnstable FAXAssessors Office 367 Maln Street Hyannis,MA 02601 Date a Number.of Pages incl ing cover sheet Y To From: �jr� r Assessors Phone Phone 508-862-4022 Fax Phone Fax Phone 508-862-4722 CC: REMARKS: Urgent For Your Review Reply ASAP Please Comment 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 02/13 CU1 IpLETELY RESTATED A.NTD A.NIN.NDED �•7I MASTER DEED of THE VILLAGE MARKET PLACE 1I CoNDOMINIUM l;eirri enec: is ;;,ade tQ the Ala.! :•tr Deed of 'ME. %1ILLAGE AIHRKET pLAGE I1 CQND(.AWSIUM, d'atc d F:/1'ch IG, uf3Diand i[1 reC;or db wlth t l3 arnSta e CJV84. Rc�t;iatry Boole 410U, page 224 on may b' LT The Declarant therein wishes to amend certain of the he in- W provisions of the Blaster thaDeet said MastereDeed a,ndr to lantamend- Q1,J convenience of requi;ing , o ing document be read together in ordertle ollneYSofn all ho£Dthe larant's intent, the Declarant, being rn A Units in the Condominium and in accordance with biassacl]usetts r. o General Law chapter J.b3A and Seciion 17 of said ?,iaster Deed, �w rm hereby amends and completely 1'esiates the provisions of said �^ ",iastcr lleed in their entirety and I-ubsTi tvtcs therefor rile following: . ,t .• Lam.*- ti ..:_..._ ddF ,3og ,n /V c 7) 1, JAIwSLA A. FORNS'PEIN TRUSTEE of LA14L'E R] .9 `r T Ls under a. written declaration of 'Trust dated Scptenlbc:r 13, 1.�.'7S c o and recorded with F3arastablc County Registry of Deeds in „uol; cm 3au3, Page 184, hereinafter called the Declarant, being abl . bole owner of certain P remises on North Street in narter de- (Hyannis) , Iarnstable County, blassa.chusetts, hereinafter ae^ scribed by duly executing and recording this Master Deed, dbcs Y,ex'aby subu,it sa land together with the buildings, improve- id rarnt And sth'ucCures located the]con and all casel-�ents f C�' 1-t(,i and Upptlr LQ1!a1]cCS helve lJ]S Co 'L1,c> F>,"o\'1S1C 1]5 r G ]1t3A c�.f the GG�nez'al ].a\�s oI Ai a.,s'Ikr1, avt.t.S, as ;Unerl�icd, nd 1: poses to create, and cioes hereby of cafe with res]ic.c.t to said l and, bull -l: s, i!eghrorarner .s, ec,,j,:q)entu, T]ghtS and �+]Jj)1]]'t- ;<<nc.,^s a auadaminiunr to he ,' ,\Lured U> <rnd cubjcc:t tc, the r i9 r'�,{titer l S:iA and t.o that end said r:c" `'r't 1 pi u\'i5lvt;s o f �j '�' hereby uccl.ares ;end I,ruvidcs the 1'cr1io��iar;: ;( 1. I\A;IE OF TRE_ CONL7UMIN.1 the name bf the Cundc)ni ]ium -e ,ha.11 be THE V1LLaGE MARKET PLACE• lI CUNDOR41N1Uh herein>:it•et b J- reficrred O a.s the On OminlUln• I c� .J Z. D1�SC•FIYTIUN �1F THE J./';ND_ The uren,ises which const7.1'•!; r=� the Condo:ninivm are comprised of thrc e parcesl of ]tend, nee "? h. >c;4., tcrt.d to ether with the buildings thereon i�ou1] ,.d I .,rd e 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 03/13 /j E LAi1 2 F;a C�9 recorded with EarnaYablo_ County Registry of Deeds in Book 1154, Page 196. 67 &FOICn Cr1 sa2d ialia as lltts within tria 1 ']nits of s22:ripi:S and ::ayb ;ad3oining the Szzae 115 s:71)�eCt to the rights of all persons antitled tn-.xeto in and over the sane. Mortgage to Old Stone Bank dated July 22, 1983 end registered as'Docwr.ent No. 315,569 and recorded .in Book MUD, Page t3, a Financing statement registered as Document No. 315,571 and recorded in Book 3&09, Page 69, an Asslyratent of Leases and 'Rents registered as Document No. 315570 and recorded in Book 38U9, Page 57, all as stihordinated hereto by snstru�cnt recorded herewith. An easement to COMMOrmeaith rlect:.rac r"rr._,�ny. Englana 'rele,,hone and Telegraph Cco�pany dated Ccto)r.r 18, 1983 registerec as Document NO. 321021 and record�.d in Book 3902, Page 61, all as suLordinated hc.: eto by instru:;,(:nt tgrcOrde; herewith. 3. DL-SCRIPTION OF BUILD11IG5: there are-three (3) buildings in the Condominium. Said buildings are described as, follows: Building is This building is a two-story Structure of cement block, steel and brick cons L_-uc'tion, nh`�rOx�l�•7'✓':y 56.65 icet in w dth and 13.0,12 Can s ron(,Xate Sinb f[.Unda,:-ion, with b.r,=(-i: f6cfid',5 and a combination asphalt shingle and Sl.nte roof. Pee z1_5t of the building contains Unit L. The second floor of the ouilding -,nr,Lairs Un-Lt 4. ;,nd rzli'.:cl:Lic sezvlcc and atai:Ct•:ays ar•r:f cljii�'Ai.fl?d in t):G •ii(ld'.Lrn i1.1'Ec is n°'C::.i r�!:8 1ryr.<i l':?t) %�1_ ,�J':t7 �F1':o QY tll of Ul)7.,i:'..'1•j, : ehich Sections axe aes i gnate'd and ahown onP.-- aiter reverenced plans. Tne4e-Ire condensers located On the roof of the building. One elevator serves the building and operates froth the first floor to the second floor. The elevator is contained in the common a:ea %:tctxon lhcezed 3.n the rC.ntlr of the ]:,uilai)ig which 15 des)..gncted and s;•,:acn •gin aad plans. 2: !!11: �7U 11 ]].lip .15 •9 ';.il'C';?_'-s;t:Q:Cy struc.tuxe and .l.n wicit.n .?!)n :.�ll.�! `,b:�,bl� ..n. l' i;-i?. i;.'? :��11... :!r•� .r.^.o %a 'i?'•.i:'r?Q CO;Ii�):,::,1, ?C'�t7;1i:<�t.1:eft �1�'ll . .:i (').'l:)'1'?'C I�).1 �:.... .. -Il�- `)` '1-'t1 ;$ •`.iSip..:n c)n :17,g i:;'r:. 1'!.'• ' .:p ,'� :r ''•lam ` 0:15 i7•:. 'i; �i:4C.rjna aped c3 Ir,T;7t 71,i t.:af! r. }i)•3it/,.1}�• - i'71.':y .. .t.t: Lr,"rrl_• ':r= -1:at 1aOo,C .. 7.1;'J .. _i .'fl°, �;n;,, r: ".!i. .... L, :i:.. S. '-c_''ri/0 j:'Ioo: i''�!'1t.Ci;i$ U-1?.t.5 1 I I 4 i ` Y 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 04/13 032 the result (5751 square- feet) wr.d lnultxlply-,nc the re5u.it (.4156) by the figure 11 .08, wnic.h figrure is the r,!Fujt of, davldlrt•�i tng total sr;uar(-- footage of said _r-:r_-,.nd =1oor by the total *\:uare footage of all Floors in all thrre bu].ldinys of In the event unit 5 is hereafter sub- divided without modifying the present dimensions of the common hall, stairwell and elevator-lavatory area, the cum, of the common oexcentages appurtenant to the newly created units shall equal 4.6u and all other unit petcentages shall remain unchanged_ ' kowever, in this event Unit 5 or any other unit is hereafter subdivided in a manner which modifi-ss the present dimensions of said cnr.m.on lobby, stairwell and elevator-lavatory area, the Declarant-, shall cause the S!lua):e footage of the increased or .reduc=d cour\on :,:er. to be shall d-_duct the ;ane '.rr�r. 't%_ total r.:p�.:re �otr':ye of floor on which the unit is locatscd and �divade tte into the s,_uare footage of each Ot the units ( pit.lh newly created by subdivision and the .remaining unsubdivided nn ss on the s&T. e floor) ana the xesulting peace;hands shall b2 apoli:-d to the figure which represants the percentage t')at tY,e total floor'area of the floor on which said unit is located is to the total area of all floors having units, with the new undivided interests appertaining to each unit in the common areas and facilities. Until The ar•endmtent setting forth said chan:3e in undxv,.Aed int+::casts is duly recorded at the Barnstable County of oscds, the fonne:r und±viaad r--hall 2•r:'i�;s3.n .i.n _zf-:7ct fo+- -�11 uurLose5. Aftez said re.':o.rain, .-jparr..);.,._iate r�dlust^-=gyres shall be made for orrec.,dxa coT.aton �—,xpensas in nyuer to con.`o'_-tr. 2.ht> contribution of ench unit to :ha alto.,:�d undtvided tntern_t_s, , f any, of the units xr. Lhe c�.:ur•t'n r_'r�r;s ;:a3 facilities, , -- 3. all work rp4uired to cxedtl:. 1,I zzw 'units ter LQ G!Od i connect into, ielocate, crea•ids or add cvm..mon areas in conn:3c- tt ion with any subdivision of a unit shall be _performed (x)h I a the sole expense of declarant, (i.i-) in co-1�]iance wit all ap.pliceble laws, and, (aii) in a manner n.at will not im.Lair thy? 6t1'UCtllral G^tliidness r,:c -_ifety of the 'buildarig. 4_ the unolvid_Q 1nt?L.'6L In the common c Xctets n�o fec11it=-5;S of '_n2 Gmu:ar.inaem of .:.ny unit ot!*ier th<:n t.ii's on wrai%n tll,ie :l,atvi.dr:c( unit 3.5 .��',a 1.] 'T- .. %�p �11 .....?!1 1p, �'•_l�!� ;t1:..i 7. _;j.nn i-,_•r 5�.:�1? . . _... .:,.�n i:% , `.s ' ;-)d -;',Qa?,1�=).;_:S ni: .;J3 .�•'l ri r':n-tna;.G� ,._ :•,'i, ;'�..,;� • ...- 'ii.. :�.-'�';j :.Il .1.:)'1i7 �i]'...� ':3 i;'1 ,. ..:? ,. '.\, ..Ci.t 1C •'\2 ... :i or to ri I 7 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 05/13 • zly iuL The maintenance, xe"Ix and Lmpxoveimn dot of the exte:Czol pcxti'Dn of the units shall be pe.rfo.-med .hy the Arz, �;.;t•ion and 'tk.e cost of such nainter,.:ance, iepair. and ]Ghj�Xgvr•;;,;ents shall be a COTMOn expense a:]d shall be allocated and assessed j to each unit o:+ner in THE VILLAGE MAtl2 SET PLACE II'CO,1=.-7ItvIUM as any other common expense. 11. RIGHT OF FIRST REFUSAL. The Declarant shall have a right of first zsal with r�spect to all sales of units ana to that end, no owner of any unit shall sell or convey the sane to any person other t1'.an a spvusr� Ear child of such owner ora trust for which said spouse and/orchild or ! ch3.ldxen of such ownei r,:c(i The Sole bid n - I,_f1c1a.1'1C'S u;11'2S5 (:l) the owner has received a b•_,na ZIa!� other to unit; (2) the owner has given the Declarant wr;ttrn n�+_ice stating, the Adtme and aodreSs of the offeror, the p.rl.=e less broker's commission and conditions of said offer, and r_ontal n- ing a signeci otf`r by the owner at the price less b>o;:z;rls c,;,.mission to sell said unit to the Declarant on the same 1 te=.s and conditions of the bona fide offer, and (3) the 'Declarant shall not, within fifteen (15) days after the receiving of such notice, have given the owner written notice of the election of the Declarant to 'nuYcaase the 11rnit in accordance with the offer. In the event that the Dec.:3tant ; shall so elect to Purch] -re, the dered shall be tiel>vr_::�d and cons)_d?zxtlon paid at atable C,jullty .ZnyZ,C_.ry o.E 11:0U AM on the thirtieth (3Ut.h) s"eg4Stry ,a c:�r ,aftc%x the date of the giving of ct;ch e of election to �ui�:11%ae or any other date and tj.m..e agreed upon. Ih n the Dr• - n the evC' t_t flnt c'.l3ra nt �702F> not C'Ct t e ]11:t t, ^•17i'll !:•r)l.d owner shall 1�e free thereaf•c'e.r to c�11 c,rul onllvey , ;o , t .l ,nit C.7 r,r= O:i,'i'_`:C'?i 1;aL"•?U .ln :.r,e .0�j ;A::1'.:'•C8 �� r! ,j�';r•f'- 1,':r:: . lo'„•er than that Specified therein, out thr, _,z�sllall r, +2 sell or convey the unit to any.other person o.r ,,�t any lo„er r> price without again offering the ame to the Declarant. If any oiemc;r of reco)::j or a (;nit .shall ;Pak c. and Zncor.d with Said c'eds an aziidavit Stat:.n 1 r c by hiu, is rr�;ide hut'=:,ant to a ir_na fgd� •fee to a ul:cne; (Z), that ha 1:Y$ `7iV�.n tiQ�_jce t!) •the DC.j?..rtint or s�.rs a.n t.lt-.lB t� in r. of 1]'1(y,_:� n_ ;���i".: .L•,'r: i:r� ,�.1• :I-;; %� '!2 irol' '/'=1+ i?:t::i:1•' n:: :.,tin ;_. [. ,<:r ,�= .....t. ..._ _ � .1 fir!' ';'l.' r!'.l.. .1:)•n�?' 1� 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 06/13 i • than that therein statea, then such Affidavit stall b2 conclusive evidence of c_�,rpllat>cn with t;]e xFyui.rHtn=nts of thls 'znstrt]m.r_nt with respect try such conveyance in favor of the grantee therein and A11 p;,rs ,ns cl� �t�iny t7rc'.u+Jh or The Nrovj-slozs 01 this section shall not be construed to apply to ,bona fide mortgages of any unit or sales .or other prr,ceedingS, any deeds in lieu of foreclosure, for the foreclosure thereof. The Pr rortgayeovisions shall, however, apply Mortgagee a sale bx one who has purchased from a foreclosing . ! e. The rights of first refusal hereunder shall not be exercised so as to restrir_t ol,nershlp, use or occucaney of units because of race, creed, sex, color or natlondi origin. ivo okrer shall b-a lianle for Any hxea h of >; 1�t ovi- sloes of this 5ectipn except such :: ownership. s occur du lny his Or her 1 The Declarant may a •siun this riur,t to the Fssoczatlon at any tithe during the develo- PLACZ II CONDOMINIUM 1-ment of THE VILLAGE but, 1n ailx event, 'said right of f1rSt refusal shall be in the Trustees, P.ssociation, acting through its when the Declarant no ionger owns Arty unit in Tji1: VILLAGE; MARKET PLACE I1 CONDOMINJUGj. . When the Association hot 4js 1:;7� :C14h( rlY ].l'Sl 'Yf•,ii.:.c„el , airErtlyutrhase, by hid th.rouc�n �;_s rr'.lst _S, •tn,, Unit ArO,T. the oiirtlr in aCC?;� �3DCe t'ltn file •9a^Vq n^ �L foreclosure sale: PtOvide d ho:,:,,ve.r, th?.t any uch ��u.�0.r by the ASSOC]atxer. S:+dll ':a_Vr the �,Z ir' vAl of five p,_iGan ( t 8 g) - : r ,�xo PXCOiVd d LhatIn the_t?V,2 r)t l7%tr bf i;i',e :i.j'pgrj:�?.�i%lOr'•, and ILO `_1;ZCL Or disapproval ahal 1 _ r i iii'tl n0 iui:i:hu'� :al,:y,r rjl ✓- �lJtblAc'C i:iC:ll she 11«ambe . � rS. NotwiL-hs'Canding the above, the Trustees fray Waive the light of first refusal procedure herein as to any ai,,>`1the unit or sale. Nr+�.trn1CyesrL��rcOA�z:!r,:�P�• .If any lnIt, n;1w ox hezeait-a Xr am' pL;,?C Uhl_ O,- t). n .1nd . .lc r _n a j�O:CtlOn Of the •,.nq AC L; ly J.j:77"'i;L Vn ofor :S 9111t f7�r !... � e, n,T unit > ;,::'C?1t7, '?'C Lill? �i.lnv n•: :.];ilT, `. ... •-r, _ 1:� 271'I,• nZ .. . ;n $f'V9;, . ,tl :: .;1':.� •-. '.l, :iv: _ �U•^Il :lr , .- `Lt•c?��� �U ;c �• r..�+.: a:: _t7 �r:A�1 �S:' :L 12/29/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 07/13 13. DET5FJ11 Jz%TION OF ?,'ECEHT XNT RESTS. lne determ.1na- tion of the.-, percentage o4 intes'?st r f t_1 '_,?SpeCrive un1t5 in the common areas rind tacil sties nay :Yen made uzDon the basis of the relative scuare footage of each unit to the Aggregate square footage of all the units in the Condo,Tanium, which determination, in the opinion of the declazant, complies with the requirements of said Chapter 183A. 19. DtFINITIONS'. All terms and exuressions herein used which are defined in Chapter 183A ot�Gene.ral Laws of Xassachusetts, as amended, shall have the sane meaning unless the .cont'DXt othelwiae raquises. "AGsoeiation" snail .refer to THE VILLAGE MARKET PL?�CE II CONDOMINIUl9 TRUST (see Paragraph 15 Of this BQC' fi!t=+Ir) . In addition, the Assoclation" shall refer to the B}+-Lairs 'of THE VILLAGE MARKET PLAC2 II CONDOMINIUM TRUST. 1 15. MANAGING ENTITY. THE VILLAGE MARKET ?LAC); II COOD0111NIUM TRUST, hereinafter referred to as the "Association" is a trust formed in accordance with said Chapter 183A through which the Unit owners will nanage and regulate THE VILLAGE MARKET PLACE 11 CONUOMINIUM pursuant to the ay-Laws of the A-_60cD_ation, this instrument, and Chapter 183A of v-ne.tal Laws of the Caa;mnwealtn of setts. Tne initial Trustee of the Trust shall Ae UAMILA A. BORNSTEIN, Trustee of LF.WZE REALTY 'RUST, znd th?I',7-after, the TzQst Shall U, ;iitD.ln:_Sty.C-.3 by 3L 10a2':t two (2) T'CustC@S, All �iith t2:e :.'_.'_"i�5 a_nd. rn'7$1tj..�;7F Of 5izit3 `1'.CUSt to ' be recozdaci he.rewith. The "By-Laws of the Asdcczation" shall refer to those By-Laws of the Association which have been duly adopted In accordance with the l,rovisions of said Chanter 183A -,at i forth n said Trust .Lecorded with Ba.rnsta6le County Regist.ry of I:eeds 1n 6001C 4 i4U, Ydu,,e 11-:7, and sucl] &--Penaraent5 e'5 T"PV i:cc;r. tzT.e to tame 'i'}1tS V_J.ihl•:GF; .;�?L;ti J.,P �(.Via.;L. 11 ('f_I;��iJ U'•1!!J.l i�;�i "Aul/'3 And ;hall r,.-f•'..L to :Hose 'cu'LT5 and .. -9u1HL:.1•?J:S 2S J7y .i.]�� J't:. '.S h7- "..i]•. 1:�;Fr,q.7.:�'.'3.C!.l) ' ):'�•C L':::� '? the a.: �?S `n C TE-L VJ.l,L4(.?i, P..n).L_'Y"is].nns O_ •l,p.`�•F.._r �LdJA of ;:)-ic a?;!%?r. i 12/28/2005 15: 34 5088624722 BARNSTABLE ASSESSORS PAGE 08/13 „ r r 044 Laws of I;?Sssichusptts and this ;,;aster Deed by the procedure 1 F i r. f said Chapter 183A, • S?t iOXt)'- in tin �i�7r0�Yiat� Sir.} n n c ra as may be amended from t-iine to t:i,rte. Upon such removal , the unit owners shall be deelrted to own the condominium property as tenants in common, with undivided interest therein in the percentage of undivided interest oreviously owned by each owz]e.r i11 tiu coillikon areas and facilities. The removal vrov.lded for In this pa.ray:raph and in the By-Laws of the Associaitori st.,311 not bar the subse;la�n.* resubmJ.ssion of the property to the provir.,ions of Chapter 183A of the �;oaetal Tam s of : a„sachusetts. 17. N-iENDAENTS. The Master ll_ed inay be amended vy an instrument in writing (a) S:,�rled by the Owners of Units ! entitled to seventy-five (751's) o;; a,oxe of the un(jivid.-d interests in the CanmQn Areas and facilities, and (b) aa,,r)�-d ana acknowledged by a majority of the Trustees of the HE VILLAGE MARK4T PLACE 11 CONDOMINIUM TRUST, and (c) duly recorded with the Barnstable County Regist:cy of Deeds, provided, however, that: A. The date on wh>_<_11 any such 1nst:ument is f.ir'5t" siynod by a unit shall :r il-ldiC.6tCid Lh_.t'_.:>u r•y +;Le date trexeo4k and no such in5r,.i'u:aent shall be of any forr_.c or effOct unless the saa.e has ben so reco ded within six (6) montt;s a;ter gilr_h date; �_ i.i.-. �.,.C}_'i_�•�.�;,b _ -•,:o�,. r� ��:•r1r;'1 Rl i.,7->; '•..iit� t''.'_:fi - - . of any un)- :i:•^/811^:J`?-r'.� :=,:]y sC'�:�;�. C'ti _ .._���:� U7:!':,:� :i�.� Sig] Llt7: �?en 5��7=4 y tne�'_I',<<^,?:s _,I tne unit C. IJo irst:rumerlt of �nd:�.rn` which t31te:r8 ihl_? ay!'_ 42 the UnciiviC7rd into't.-ost- Jn ar.4 'l'o til4 corn: on :%iC�.a.l'Ci6.5 Y:O w.'ll(=i1 illy unit "!1'_1'!:.''t=] 1):?,ll L^• /�{' lily f^r'ce or LS:ac:Ct 'vi1l�::iS Z;l•' :1:`- i .::n ...�r1 t] by i l tir..I:, 0'•7ners end said _1:5't'rLlln�.nt _S Uee ; or .:];� _ �:'.. tip-'=.7.rr•%,9 :i•=�'. �11 . •:'.ra i+.:7�i .i.3C:L11• .l" ice. l !.)_ t1J: •]rl"✓ .`•.'1:�:^' C).0 17j' ii:r? ^ ::1�' S '?.Si'C i . , •�y I n r',ity Y_ . . , :1::.•?�: lit i�l^c_ ?".c:.-n 1i' 12/2e/2005 15:34 5oeBG24722 BARNSTABLE ASSESSORS PAGE 09/13 graph (A,) of Pa):a;roph 5, or Subparagraph (F) of this Paragraph 17, if such instrument of amendment dogs not 1>urport to increase or dr-creas�a or xc.�yilnc, the p:copecty defined Izetein Zas cou'1aon arei:s and facilities; z. No instrument of amendment affecting any unit upon which there is a first rJ+.ortgage of record held by an institu- tional lender or a purchase honey second mortgage held by the Declarant or his heirs or assigns shall be of any force Ox effect unless t1e sage shall nave been •assented to by the holder of such mortgage; and no instruirent of aiiiendnent of a material r]ntuze shall bF of any force or effect unless the saine shall br assented to by mortgage hol4ers representing at least fifty one percent (51%) of the votes or units SUbje.Ct to at1Ch Ir0t'r(zja9' S. A Ci)a:?yC 't0 .sny Of t-b2 f'D11-)(ring shall b-- con4lde:rea material : V7tirig r.-Lwlts, c::S�g;.;��:•l'i±c, . assessment liens or ,uL_xdina:.lon of rssessti;t_!1� liens, .reserves for maintenance, repair and replacement or coir.inon areas, reallocation of interests in the comiron areas or rights to their use, except as specs icaily :reyezved in 2atagraph 5 hereunder, boundaries of units, except as Specifically reserved with respect to the carbination Of units, conveztibility of units .iihtO COmm.On areas and common areas into units, except as specifically ,reserved in Paragraph 5 hereunder, expansion or contraction of the \ COI)dC6r.1niwT or the addition, .annexation or withdrawal Of property to or from the G.illtjn'u�P,?.L1T., !?Xird7t "5 In Q1)i6 ;F ster .Deed siJe.clflcally reserved, ).nsur%n4'e, :CeslcoCatl,?n Or repair after a ha_ard daiiayje or unxtial cnn t;i•nntio/•i In a manner other trlan in tAls raster Deed or Deciaration of any action to t+=:rJa.�r.nte the .legal st,itcs of the GQl'1f7C1;P11hitLil r7lt�t $UJ:t:intlAl :ingtrUr;tion or CO)�dC1� in"itic'n ?,r;;L'Cs, any PrOV2?1Q;1S that ex7'*r.:;S"' ;.?' >ilt more agetas and any action { a,_ n't 1.0 t..*7Al1ii•LLI. ;.11� ir._.�c31' StAi:Us ^I the Condominium. for reasons -otlier tarn subatanelai destruc- tion of the CODdOlnlnlum unless assented to by wortuagees rehresentiny at least sixty-seven (67%) percent of the votes t . of the mor_yag2d units; i )~. cxce2t as SP,29clflc?1ly resl:._ved 111 Paragraph 5 1'i4 nUJ1C•3 , no inst:et_%s:,?lht of �T�;):]JC.�1)t which ell'-CZ5 ti)e 1 iJ'=C ::•1 'tu 1?.i)? '.iy;,,:, t'n 'i_.l•Q COD 1::L,,;ur)u'.5 Units Or wh1Cn .,1%1! (J•+.T_'..�•}n n_ f:i:42 <;'t,.! '7n ii':(',r dl)a .. ,��-.lit,'L%� ;!r_ a - :i':.i,all '..�i:9 .,'1.�, �, ,^'1,,}•7i:; na :a'.]1.'i:i•�S :�i :�• �h `nr:i ;n.•p ' 4_:� =•1':a'11 C:7'� ':li ..1Y {�•�I_%a '�.r �,'.):. :i: Ll;!li. ?t�P.!:a, %,^ •�.I•ln. • :i)�: :;S .•R ill i1C t]J'::.:5 (t) .it•+ :a�. -':_y 1i:.ri5 i1� ':11C'n �:'C7 / - )` ri,!;. i%(� •a:r (.h.l ti�:��,_ih �Zt '•�')-•t.�?�' . ::i)'!::V• ;�^ ':> ,'].'!'.�l .;i: ^_ ..�)�' 1 :�, •Aql ?g %t•; �^co•��I -. '<` .1.I) :C1:1 t �,i;...it :C•+:= ,.;] ...at;11: ..,.. 1;i 71.'�? i'j . .1 i:•. .'(Jr •t:i ,..');` ..,., ' • �n r .... .. ,.,� I :P:1 .J , .... .-,��_.l iJ':�t'?,-u:: ::iY� f,,� . . ..,....!'i': ;7.'i�:'�� )'fCr..l.:jz..d 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 10/13 by any other unit oNners so long as such instrument of &T.endment states that such alteration (x) will not jco ardizc the Loundness or safety of the livll dine? 1Jo.rtion of the Condominium, (y) will not adversely aTfr.ct any Otner units, and (z) does not affect the extei-iox walls Of 53id building; and G. I4o instrument of amendment wnlch alters this Master Deed 3.n any manner which :would render it contrary to or inconsistent with-any requirements or provisions of said Chapter 183A of the seDeral Laws of Massacnusetts shall be of any force or effect. I.S. MASSACdUSJ TTS G NERAt-t•Awsr r.Cne units, the c^,r.mon ai:G a gind zfacil.ir-i.es, tht, the Trustees of THE VILLAGE 1".FRK6T PLACE ai C0NU0M1N.'WM TRUST 'shall have the benefit o. and be sub)c?r_t to t.ne ;rovi- sions of Chapter 183A of the General Laws of ie.ssacnusetts, and in all respects not specified in this t':aster Dcced or in the Declaration of• ''"rust (including the By-Laws)' of ;)e TAE VILLAGE MARKET PLACE 11 CONDOMINIUM 'TRUST, shall be yove:Cned by the provisions of suc11 Chapter 183A in their relatir_ln 'to each other and to the Condominium established hereby, including, witnout limitation, provisions thereof with .respect to rereval of the Condominium p.re ices or any lz'-,cc-Ion tnere Tr!xr. the r,.rovi-5ions Of suc;i Clh,apter 1831�. 19. ACQUISITION Or U1,42111S :6Y TAUST.t,LS. in ch.e event that. (a) any unit-owner shall curly'=y his unit to the Trustees of THE VILLAGE MARKET PLACE II CO!•1DO11Ni Ulli .`4U-S'T w.i.rh (i) t.YJ!' un�iaviB:'a inte.rc:•;;i_ to f:hC C!�:!�'i`"n . ft.�i�,tli?l:nt5 nDF7 :1... L e. .�'I.�'L�, (i ) � ' o :>•' �� fii cll(:11 U�'lr . owner in any other units acquired by 5? i.Gi Trustees oz designee on behalf of all wTxt owners, or the ptoceeds of ci:e .sale or lease thereof, if any, and (iii) the intexest of such unit owner in any Otber assp.t.s of the Condoatin±um (17e:ielnafter collectively callea the appurtenant. lnts?,c 4ls) ; ( )) 4aid Txucteez 5'i?ill UU.'ccha.se' C•:. ?t or 'Dthrir- ;udicial sale, a unit, tDjC'.ther with tree t3i:)_hJxteDant intc-rests; or (c) :maid Trustees 5hal l Vu:CC ha-=� e a un l t, 'nith t:.hen .141' U:;�? by .. .:51 ent 1P.%i12i:y1 ,C, 'Ci sn I.rl any '? ...)+.�. `v''nts t]. :.l-_ 1—) s }�i ,2i1 J.�r �^_,:f. -:S„�:•:,�±,•hii .:ili3 :��: i71_^.. _.!�11'_ �:i�.. '1"?, .....11 IJ� ::nd i,.2j i .i:) ^,.ilij ri.l f ?_ i:l l V11.'L ll -n to ..i;.'lz 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 11/13 182 2U. UNITS SUBJECT TO MA5I'r:R DEED, UNIT_ DL1;D, DECLARATION OFTFTS , ZTF-. All or?sent and _Future owners, tenari�_s, servants end occupants of units i:all be suaject to and shall comply with the provisions of this Raster Deed, the Unit Aeedr the Sy-laws and Rules and Regulations, as they may be amended iron! time to time. The acceptance of a deed or conveyance or the entering into occupancy of any unit shall constitute an agreement tnaz (a) the provisions of this Master Deed,, tbe Unit Deed, the By-laws and the Rules and Regulations, as they may be amended from time to time, a)7e acr,'epted and ratified by such owner, tenant, servant or occupant, and all of such provisions shall be dccmed and taken to be covenants .:cunnxrhg with the land and shall bind any person having at any time any intccest or estate In SUCK U111L as tflouyn SIACA CJr4'llisiCVls W(r Xe and stipulated at lenuth in each and ?very deed or �.onv'al't»ice or lease tnereof, and (b) a viola:ikon of the p:Covislons of this taster Dead, the Unit Deed, By-laws or Rules and Regula- tions by any such person shall r,* deemed a substantial violation of the duties of the Conuaninium unit owner. 21. RIGHTS AND EASFMFWTS. In addition to and not in lijaitation of the rights of unit owners is elsewhere herein set forth ttnd as provided in send Ch(Lp=er 183A, the owner or i owners of each unit shall have, as appurtenant to such un.,,t, the rxgh'te and e sc-me nts, in C ?l.li't'n wit.l the owner or 1?•�:h::C3 of all other units and subject to 1iks .rights and c3.=r...rc:nts a��+uit,2nKrJt to sucn Other units, 'to '-se the Cos,non areas and ''t `acxli�:es, including, without lila.iting the genexality, r^3051 :,ArC1ng iit:.d5r wal)cs, ' ..,;:r.sr :�9ih5, c,:�rjdult.s, durns, _ t t,y.,h nr�r• w)_:Cil"A�Jr CflL1P.J1?l5r .tj';ea i Zor the f'urn;.shing ai ut111tx•z£. ri113 .:�_,)b�raCt „1:;-_',r5� however, to (a) the exclusive ;fight,-z and easr;m-(cnts Vi-C•?in granted to particular units"uh certain facilities, (b) Ine restrictions and otber provisions herein set forth, and (c) i Rules and Regulations promulgated ba the Trustees of 'DIE VILLAGE MARK!-:T PLACE II COND01•11N1U1,15 'TRUST. Tire s.rus-ees of TH VILT? ;E 1 ARALT P.LAe4 11 COND01,1R.IUM T;aUaT ;;1-,11 nave, and ,,?:e h•7-;:f`;y ',:;anted, the right of _ _ ....;:, ,;a` i:? 1 !'•_..•_...:)'1>1•_ is .r. ;3 I:i_ _�1 1'1 '1;11t 0i :�T:"t.1I:C��:1.C.^.r ir.:1J�_•r_'1:1^ll, �):C�?_r_•C'!:_nfl, x.t.in ie.n%;'rCr_', C ai is ._ -'StQ': . :1' '?X r..;�P.a••'11 ��`: `•Ti:i <+1'1°7 'L1l'k.?.'�., %,1?CI _^k�: . '.`�.�•"n, . '•r.:;._ .'?1--, nliCS 'C_''U-Aral n.0 ir_'. i -�i '.J>?.)1y5 4�hl1Ch 1pt�..�;1'�:�C,� _':11 ..:'1^_ •^•:'i.ii••;?:1 i1.:.. ,.- •v:'!:] a. .1'_. _ r��• r`:r� i_1;i'i . .:y? CC. In , . `1.i:•.i-:;f1':`A ... :ac3. ;•n.C_ S'1 5;7 i.11 a.l.y�`1 '�'1,:\r:?r .nd ,i�t: 1;!'�'''=1 . :iaJ':'r, ,L'.:1C: ..::C11hti.lV= • 1 I 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 12/13 NU-E C'4� rights to ma;,n=aira, repaiz, .replar_e, add to and alter the roads, .parking areas, wars, steps, paths, walks, utility and service lines and facilities, lawns, and uses, ,ol?.rats other landsral?ing compri9;ed in the co;ni,),on areas and facilities, and to make excavations for said purposes; and no unit owr.er shall do any of the foregoing without the prior written permission of said Trustees in each instance. If any portion of the common areas and facilitates encroaches upon arty unit or any unit encroaches upon any other unit or upon any portion of the com�Ron areas and facilities as a result of settling or shifting of the haildings, an easerr.?nt fox the enczoachnent and for the maintenance of the s,,ur.e, Sea long as the iw>ldir,ys strand, shall exist. If the buildings, any unity any ad3oi.ni.ng Unit, Or alay adjoining p;—ce pf i_Jti 9_��i.,?:1q arc_ facilities shall be partially or totally d-sstroYed as a result Of fire or oilier Casualty Or ;S n ,,Csult Of (ar.inant aonain Proceedings, and than rebuilt., enc:[oachracnta of pzrts of the common areas ana xarrilities upon any unit oz of any unit upon any other unit or upon any po:coon of the areas and facilities, due to such rebuilding, snail be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the subject buildings shall stand. 22. n7Aly;R, :NO pt�wi.1'J:,S .i:.i,,r-d -n iJe:ed shall be de_•,n�:d to have b-en waiva d n t b reason of any ;riiluze to enforce the $,%I, i:r.respr_r_tivoyor i the nutnber of violAtions or 2%:.e.5ch•75 w:••aich occur. 13. Iti`✓Ai:lai'i'Y. �,�,� ,.twFi 1:j i c`t ,°+n v ; thisd t•x — y s c� Deed s'iall not ty� dec.:r,ed to impair anv manner the validity, enfo'rec,PL-nt or eiEect of the x,_;r.aan_ uer. of this Master Deed and, in such event, all Of the oth,-x provzsio:as of r_his Master Deed shall continue in tull fo.rr_,� and effect re though sack invalid pI-Ov;;ion has never a.nclu:fed herein. ?a Tt:e use n.in,i 3.A 5 �n� ,r•afcul p "hall _� •l!7 �'liul.r i:i)?. to %••..'Ui- - and tr:.2 .6a Ot 'i::';:' •',��' .Il2 .r,).; 'ld Vr. .20 23 12/28/2005 15:34 5088624722 BARNSTABLE ASSESSORS PAGE 13/13 049 25, CAPTIONS. The captions herein 7x1e inserted only as a mattez of convenience and for refe:;ence and in no way de::Ine' limit o.t desc.ribe the C !iyy� (+: •thln i•:,a;_,t,; r the intent of any provi*ion hexeof. WITNZS5 Amy hand and seal this 12th day of July 1984. ' Jnin.�a A, :doXnSceln, '�ZUStGe of LA.HSE REALTY TRUST COMMONWEALTH OF 1/',;55ACAUS,6iTS j Barnstable, ss. Ju1Y 12 1954 Then personally appeared the aaove n ,._ d JAMILA A. BORNSTEIN, Trustee as afoxesald, a flack owlvpyed the foregoing ins•trumaiit to be her rre� act �&bdl deed, 1pior e h���ti-r/��•1�:.. _�/,: -�^ _..'V�1�=}...2•ilb sic i•1y ccat.T.is-ions e ?ixr 24