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HomeMy WebLinkAbout3192 MAIN STREET (HYANNIS) - HYANNIS CONDOS Freezer Road (Condomini ms) Barnstable - A = 300 - 006 SMEAP] No.53LBE UPC 12043 emead.eom • Made In USA r �+c FN�tU�N718fpR00lICfINE SFI Mmin ®t1GD SCOMM er•^ McKean Thomas From: McKean Thomas To: Lavoie Debbra Subject: Freezer Road Condominiums Date: Thursday, May 21, 1998 9:04AM I am in receipt of a letter and large package from Emmet Glynn, Chairman of the Zoning Board of Appeals, dated May 7, 1998 regarding Freezer Road Condominiums. I submit the following comments: - The buildings shall be connected to town sewer, as proposed by the applicant. - The remaining abandoned underground tanks SHALL be removed, as indicated as only a suggestion in the letter from David Bennett addressed to Joseph Salvetti dated March 30,1998. - The "diminishing concentrations of residual contamination" located along the eastern sidewall area of Zone B at the Canal Marine property shall be monitored, evaluated, and/or remediated as stated in the letter from David Bennett dated March 30, 1998. Page 1 r oF"E Town of Barnstable BnxxsrnscE. • Board of Health �Mp�a P.O.Box 534,Hyannis MA 02601 Office: 508-790-6265 Susan G.Rask,R.S. FAX: 508-790-6304 Ralph A.Murphy,M.D. Sumner Kaufman,M.S.P.H. Board of Health Meeting Agenda May 26, 1998, 7:00 F.M. Town Hall Building Second Floor, Hearing Room 367 Main Street, Hyannis I. Hearing: 7:00 Mian Saeed, Abdul Rashid, Marstons Mills Cash Market, Rte. 149, Marstons Mills, failure to comply with Board of Health Order regarding food sanitation training. 7:10 Jack Greenslade, Hyannis Transmission, Betty's Pond Road, Hyannis II. Disposal Works Construction Permit Extension Requests 7:20 Ruth Williams, Lot 21 Holway Drive, West Barnstable. 7:30 James and Barbara Murphy - Lot 10 Wild Goose Way Centerville, 1995 permit expired 3/28/98, awaiting approval from the Conservation Commission. 7:40 Elizabeth Talerman - Lot 9 Wild Goose Way Centerville, 1995 permit expired on 3/28/98, awaiting approval from the Conservation Commission. III. Variance Requests (New Business): 7:50 Robert Stahley - Percival Drive, W. Barnstable, proposed well for the community swimming pool, 115 feet away from SAS. 8:00 Marilyn Fox - Star Market, 1070 lyanough Road, Hyannis, Variance from Regulation 10, grease trap. 8:10 Ruyter Neves - 167 Sea Street, Hyannis, Request a variance for outside dining. 8:20 Lawrence Morash - 47 Huckleberry Lane, Marstons Mills, Request variances for the repair of failed cesspool type septic system. 8:30 John Donahoe - 35 Ocean Avenue, Hyannis, Requests a variance to modify the existing basement into living space. I IV. Boards Review: 8:40 Elizabeth Kouloheras, Chief Cape Cod Watershed - Residuals Land Application Certificate, review the subject proposal and indicate in writing its approval or disapproval of the proposed project. V. Old Business/ New Business 8:50 Town of Barnstable Mandatory Recycling VI. Lifeguard Modification Requests: 9:00 Carol Livingstone, Roadway Motor Inn, 1157 Route 132, Hyannis. David Banner, The Hyannis Motel, 614 Route 132, Hyannis Jill Toscano, Captain Gosnold Village, 230 Gosnold Street, Hyannis Charles Hurley, Hyannis Holiday motel, 131 Ocean Street, Hyannis Jane Curtis, Osterville Pines Condos, 3040 Falmouth Road, Osterville Jane Curtis, Fisherman's Village, 825 West Main Street, Hyannis Jane Curtis, Center Village Condos, 10 Capt. Cook Lane, Centerville j Vill. Discussion: 9:10 Interpretation of 310 CMR 15.214: Barbara Swimm, 128 Cedric Road, Centerville -Addition of an inlaw apartment. IX. Definitive Subdivision: 9:20 Paul Merithew, RPLS representing Robert Berke, Race Lane, Marstons Mills - Revision by Planning Board. II. Variance Request (Old Business): 9:30 Stephen Wilson, P.E., representing McShane Construction - Falling Leaf Lane, Osterville, proposed dwellings with one office and two bedrooms, requesting permission to utilize two bedroom septic system design. 9:40 Nancy Johnson, 38 Moco Road -Requests multiple variances to replace existing cesspool with a maximum feasible compliance Title V system and to install a new well. 9:50 Brian Harding, 68 Lombard Avenue, W. Barnstable -Variances to install t_ proposed SAS reserve 140 feet from proposed well, proposed SAS 145 feet from neighbor's well. V. Correspondence: 10:00 Edward Lambert, Cape Cod Aggregates -Requests extension to connect to town sewer. i Town of Barnstable Zoning Board of Appeals 639. ��� Planning Department, 230 South Street, Hyannis, Massachusetts 02601 " (508) 862-4785 Fax (508) 790-6288 May 07, 1998 To: The following various Chapter 40B review providers From: Emmett Glynn, Chairman, Zoning Board of Appeals Re: Freezer Point Condominums James Tinsley, Town Manager Richard W. Clark, President Town Council Town of Barnstable 367 Main Street, Hyannis, MA 02601 Laura Shufelt, Chairman, Barnstable Housing Committee Town of Barnstable, Planning Department 230 South Street, Hyannis, MA 02601 Chief William Jones III Barnstable Fire Department 3249 Main Street, Barnstable MA Neil Nightingale, Chief of Police Barnstable Policy Facility 1200 Phinney's Lane Hyannis, MA 02601 Robert Smith, Town Attorney Town of Barnstable, Legal Department 367 Main Street, Hyannis, MA 02601 Steven Shuman, Chairman Barnstable Planning Board Town of Barnstable, Planning Department 230 South Street, Hyannis, MA 02601 Peter Freeman, Chairman Old Kings Highway Historic District Committee Town of Barnstable, Planning Department 230 South Street, Hyannis, MA 02601 Thomas Lynch, Director Barnstable Housing Authority 146 South Street, Hyannis MA 02601 Armando Carbonell, Executive Director Cape Cod Commission 3225 Main Street, Barnstable MA 02630 v Thomas Mullen, Commissioner Town of Barnstable, Department of Public Works 367 Main Street, Hyannis, MA 02601 Maureen McPhee, Tax Collector Town of Barnstable,Assessing Division 367 Main Street, Hyannis, MA 02601 Robert Gatewood, Conservation Administrator Town of Barnstable, Conservation Division 367 Main Street, Hyannis, MA 02601 Thomas McKean, Health Agent Town of Barnstable, Health Division 367 Main Street, Hyannis, MA 02601 Ralph Crossen, Building Commissioner Town of Barnstable, Building Division 367 Main Street, Hyannis, MA 02601 School Department c/o Dr. Angela Castoria Barnstable School District 230 South Street, Hyannis, MA 02601 Dear Chapter 40B review provider, Enclosed is a package of materials submitted by Stuborn Limited Partnership to the Zoning Board of Appeals in accordance with MGL Chapter 40 B,Affordable Housing. The applicant is requesting a Comprehensive Permit for the development of a 32 unit multi-family housing project"Freezer Point Condominium". The proposed development is located on 7.5 acres at the end of Freezer Road in Barnstable Village and will consist of both apartment units and town house units. The Comprehensive Permit designates the Zoning Board of Appeals as the single permitting agency. Given this responsibility, the Board would like to be made fully aware of any of your concerns and issues that need to be addressed and resolved prior to its decision on this application. The.Board would also appreciate any suggestions into possible conditions to impose in the permit should it be issued. Those conditions should be developed to assure that the proposed development is: • environmentally sound, provides a safe and secure place to live, • has provision for adequate transportation, public and private utilities and emergency services, • is constant with adopted local and regional plans and needs, and • is in the best interest of the Town and its residence. A Public Hearing on this permit will be held at 7:30 PM, May 27, 1998 in the Town Hall Hearing Room. Staff will be forwarding all comments received to the Board on May 21 st. If you could provide your review prior to the 21 st,for inclusion, it would be appreciated. Should you need additional information, please contact either David Palmer, Principal Planner for Community Development at 862-4681 or Bob Schernig, Director Planning Department at 862-4680. i Abutters to Map 167, Parcel 48 49 John and Diana Duffley, 92 Wild Goose Way, Centerville 02632 47 Elizabeth Ellen Murphy, 975 Bumps River Rd., Centerville 43 J. Douglas and Virginia Murphy, 111 Wild Goose Way, Centerville 42 Gary Conway and Lisa Hall, 53 Thornberry Circle, Mashpee 02649 h I AFR- L t For Board use only:Comp.Per M.Application No. Date Rec'd. Hearing Date:- TI LE E ZONING RELIEF BEING SOUGHT Ha TOWN OF BARNSTABLE BEE14 DETERMINED BY THE ZO G 7, Zoning Board of Appeat.§,",' -ORCEMENT OFFICER TO P/11 Town Hall. Hyannis. MA. 0260 FE"APPROPRIATE RELIEF GIVEXE Er " 1117-? 3,0 'CUMSTANCES, APPLICATION for COMPREHENSIVE PERMIT (Made pursuant to M.G.L. Ch.408, Secs. 20-23. and 760 C.M.A. MOO & 31.00) Note: Please submit fifteen (15) copies of pjIqC5 I and 7 of this completed application form ond at all accompanying Plans and documents listed in Item 19., together with a check payable to Town o Barnstable for [only one (1) copy needs to be riled of documents referred to in Items 2- A., 10-A., 14-A. and *21-A-1 use supplemental pages if necessary to aravids- rnmpleto Information called for by any item in this application. indicating name of applicant, (item 2.) and name of development (item 3.) an each such page. If an item is not applicable. Please enter N/A. PLEASE TYPE OR PRINT NEATLY ALL ENTRIES- I Applicant:(name).....Stuborn, LP (address & Lei.)..........2 9 7 North St Hyannis, MA 0260.1....... 5.0.8 7.75.-9316....................................... ................................................................................. ............................-.........�;......*.......... 2.Status of applicant: (check one): Public Agency —; Non-Profit Org. — Ltd.- Dividend OrqA- 2-A.AtLach documentary evidence of status. 3. Name of proposed dewfopment.. Freezer Point Condominiums 4- Type or development (check one): New construction xRehabilitation Of existing structure(s) 5. Applicant's attorney:(name).......Louis Cerrone (Holly Management & Supply) (address & to,.)........297 North St.*"*-a,�-a--n--n--l--�.,..-gA....b-��d 1--:,--(--5-0--8---)....7-7--5-----9--3--1--6.........................................................I..........................................................I.......I................................... 6. Applicant's architect.1name).... Peter F. Dimeo Architects, Inc. " *o*n*e'h*a'm',"'M'A0'2'1*8*0.....(i6l 7 4'3'8'-'0'9'0'0........... ......................... (address & Lei.)..........546 Main St. ...... ...I...............1..,..� St ......I............................................................................................................. 7, Applicant's engineer--(narn e)..... Scofield Brothers ....................... ........................................................................... ................-.........7........I.........................I.............I...................... . ............ 02662 (508) 398-3311 8. Location of site by village and streeffs):.......Freezer..R.d........................................................................ 9. Fire district and water supplier.'...-Hyanni-s D-i•s-t-r-.ict/Barn-s-t-a-ID-le--Mun li-cipal---Wat-e-r•................ 10. Area of Site in ................................ ................................................... 11. Assessors map & parcel nos. for I I-A.AtLach CODY of assessors map(s) showing parcil(s) Comprising site. 12. Zoning District(3) of site .....,Marine Business ............I.......................... ........ .............. 13. Is elimination of any,existing streets) proposed? If so. give nanw(s):.................................. 14. Applicant's interest in Site: (check one): Owner -X- . Option to purchase Contract to purchase- 14-A.AttaCh documentary evidence or interest. in site. 15. Total number & type Of housing units M bedrooms) proposed:..."12...condcminiiim. u:ij t.. c............... ....................................................................I............................................13..3-b(-drnom units...... ............................................I..................I...................I...........I...... ...........19--2-bed room..units........................... ................I........................................I................... .................. ..................................... .................................. ..................... ...........................................................................................................................................I.......... ...................................................I--...................................e.................................. ........ ... . 16- Number & type, or low--or-moderate-income housing units M bedrooms) proposed:......,...,.:.. .. .................... .............................................................I.................................I...............I........... .................... .. .......4_3-100(-�'2:ccm condominium units...,-. .........................L,................. ......... ................................................7............................ ........... ... .........4,.27-bedroom..condami,ni.um..unL.ts............ ................................ I ........................ ......... .. le, 11 P� APR 3 Q fa DI i, TOWN OF ZONING B0j Y!.., f h ft J I^tL! r.It !! `J. t r I r..i Plu. DUOillu 0G010 7. � TOWN CF BAPNSTABLE Zoning Board of Appeals Page_2 APPLICATION for COMPREHENSIVE PE&- Stuborn, LP Frpg7pr Point CQndominiums Name of Applicant Name of bevelopment Application.No. 17. List of exceptions requested from local by-laws. codes and regulations: (Specify each exception with precise reference to applicable by-law, code or regulation.) ... .......A..use.•exemption for residential use................................:.......................... .....................:............ .. .......... .......I................. . . . . . ................. ........................................... ................................................................................................................................................................ ............................................................................................................................_............................................ 18. List of approvals needed from other public agencies: (Identify each local, regional, state, and federal agency and specify the approval to be sought.) ................................................................................................................................................................................ ................................................................................................................................................................ . ............................................................................................................................................................................... ........................................................................................................................................I...................................... ig. List of accompanying plans and documents submitted as part of this application: (Identify each such plan and document by its title.) ................................................................................................................................................................................ Comprehensive permit application packet ................................................................................................................................................................................ ................................................................................................................................................................................ .....................................................................................................................I......................................I............... 20. List of supplemental pages used to provide full information called for by this application: ................................................................................................................................................................................ ........................................................................................................................................................._....................... .............................................................................................................................................................................. 21. Subsidy agency (name and address) and financing program (name) involved. Federa ...Home........Loan..........Ban kk..... ./New..........Englan d F......................und........................................................................................... l .I.... . ..... ................................................................................................ 21-A.Attach documentary evidence of subsidy agency's determination of site-acceptability. This application for a Comprehensive Permit to build/rehabilitate tow-or-moderate-income housing is made subject to the provisions of tl6L Chapter 408. Secs. 20-23. and 760 CM 30.00 & 31.00. Stuborn- LP Name of Applicant s Authorized Signature Date: Stuart Bornstein Typed Name of Authorized Signatory Note: If any information or documentation submitted as part of this application changes during the course of its consideration. applicant should promptly supply such changed information or documentation to the Board. making clear reference to the item. document er plan to be replaced or updated thereby. (Dev FREEZER RD. notice For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Map b Prrcol Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property linos of tho oubjoct property. Assessor's Hap & .Parcel Humber Owner's llama Address 301/page 2 Z.?. Suzanne Rheingold 155 Salten Pt. Rd. , Barnstable It 3 ''. Ethel A. Bete 1-69 rk Barnstable Land Trust Co. , Inc. 4 c/o Sarah MacRobbie 196 Rendezvous LZnt, " 5 Town of Barn Conversation Com 367 Main St R.�rnctnhl� " 7 Robt -A. Venditti 271 Millway Rd. Barnstable " 064 Com. of MA, Dept of Environ:Mgmt. ,100 CanbridgeSt. ,Doston " 063001 , Henry E. Blair, Trs. 275 Millway Rd. , Barnstable 063002 277 300 018 Town of Barn. (Mun) , 367 'Main St. , Hyannis 019 Barnstable Marine Serv. , Freezer Rd. , Barnstable 300 020 MA Audubon. Society, Rendezvous Ln. , Barnstable 300 021 �' Service Barnstable Marine, Freezer Rd. " 300 006 John J. Meldon, Main St. , " 300 026 Millway Marina, Inc. , .253 Millway " 300 027 ,,,. Town of Barn. (Ldg) , 367 Main St. , Hyannis 300 002 ni; Joseph & Mary Edwards, 3118 Main•St. , Barnstable 300 046 pi' ; Kenneth Kramer, Main St. " * notice upon submission of application, it is required that all facts and documentation necessary to. support the relief being sought by presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing -f • -r �O 1 6`:OS ry Nn U :. _ 66 N MN •O dOb 00, O N in @• / o M j N 00, 14 p Y 001 _ 60Ch O e h ' o •.4 /ry 9 n to a V N N Ci `• 09, J C'so., ice/ � NMT.�l9� Nra 1 ^ l 60 zoc c a � o e U kD Zoe 9 y � r / in s a ( •Y aY \ 34 a y Ile ,55 S I f ' �,fre ezer Point Condominiums Barnstable, MA A' Comprehensive Permit Application Under M.G.L. Chapter 40b, Section 20 May 1998 Submitted by: STUBORN LP D T01NN OF BARNSTABLE 70NING SOARQ OF APPEALS 9 � a REQUEST FOR FINDINGS OF FACT The applicant requests that the Board of Appeals make the following findings of fact in connection with the action of the Board on this application: 1. Stuborn LP, a limited dividend organization within the meaning of General Laws, Chapter 40B, is eligible to receive a subsidy under a state or federal affordable housing program after a Comprehensive Permit has been granted. 2. The applicant has shown evidence of its interest in the proposed site sufficient to qualify it as a recipient of a Comprehensive Permit for this site. 3. The Federal Home Loan Bank of Boston, through its New England Fund, will be the subsidizing agency within the meaning of the procedural regulations of the Housing Appeals Committee (760 CMR:30.01(C). 4. The number of low or moderate income housing units in the Town of Barnstable constitutes less then ten percent (10%) as reported in the latest decennial census of the town. 5. The development as proposed in the application is consistent with local needs within the meaning of General Laws, Chapter 40B, Section 20.. The applicant respectfully requests the Board of Appeals after complying with the procedural requirements as provided by law, to issue to the applicant a Comprehensive Permit for the development. Stuborn LP By: Stuart Bornstei Contents Section 1—Project Description Summary narrative description of the applicant, the proposed development, development area and regional and community housing needs. Section 2—Applicant Status Identification of party's status as a qualifying limited dividend organization. Section 3—Site Control Purchase and Sale Agreement or deed. Section 4—Site Approval Letter Site approval letter from FHLBB member bank. Section 5—The Site • Metes and Bounds Description • Topographic Map • Tabulation of Proposed Development Proposed building by type, size and ground coverage of the tract occupied by buildings,parking,paved vehicular areas and open spaces. • Preliminary Site Development Plan Locations and outlines of proposed buildings and locations and general dimensions or streets, drives, and parking areas;proposed landscaping improvements and open areas within the proposed site. • Preliminary Architectural Drawings Typical floor plans, exterior finishes, elevations and sections. • Preliminary Utility Plan Proposed location and type of sewage, water and drainage facilities. Section 6—Engineering Report Engineer's report on existing site conditions. Section 7—List of Requested Exceptions and Permits A list of the exceptions to the local zoning and other by-laws, codes and regulations and all local permits covered by the Comprehensive Permit. Section 8—Traffic Study The impact of the development upon existing and projected traffic conditions. f Section 1—Project Description 1. Applicant Stubom LP, (the "Applicant")has been organized under the General Laws of the State of Massachusetts and is qualified for the express purpose of undertaking the planning, development and operating of"Freezer Point Condominiums," a mixed income sales development in Barnstable, MA. The Applicant will develop 32 units on a limited dividend basis, as required under all laws and regulations of the Commonwealth of Massachusetts. Robert Engler of Stockard &Engler& Brigham, LLC, is a consultant to the development team with extensive experience on a number of housing projects over the past 25 years. The Applicant respectfully requests that all notices from the Board in connection with this Application be sent to Robert Engler at Stockard & Engler& Brigham, 10 Concord Avenue, Cambridge, MA 02138. 2. Description of the Development Freezer Point will consist of five structures housing 32 total condominium units, ranging in size from 1,030 to 1,730 square feet. There will be 19 two bedroom units and 13 three bedroom units in the development. Freezer Point Condominiums qualifies as assisted "low or moderate income housing"within the meaning of Massachusetts General Laws Chapter 40B, section 20 and will provide 8 units which meet the definition of low and moderate income under the statute. The Applicant desires to develop Freezer Point Condominiums pursuant to the guidelines-of the New England Fund, an affordable housing financing program operated by the Federal Home Loan Bank of Boston through it member institutions. Salem Five Cents Bank has provided the Applicant with a site approval letter for the NEF Program. Of the 32 units, 8 (25%)will be made available to households earning no more than 80% of the area median income as required by the Department of Housing and Community Development for utilization of a comprehensive permit under Chapter 40B. Preliminary architectural drawings prepared by Peter F..Dimeo Associates, Architects, Inc. are attached hereto. Preliminary engineering plans are also attached. 3. Local Need According to figures complied by the Massachusetts Department of Housing and Community Development (DHCD), on August 1, 1997, Barnstable's subsidized housing stock represented 4.35% of its total housing stock as of 1990, well below the threshold requirements established in 1969 under Chapter 774 of the Acts of 1969 . CONCLUSION " For all of the foregoing reasons, and for the additional reasons the Applicant will present at the scheduled public hearing on this Application, the Applicant respectfully requests the Board, after complying with the procedural requirements as provided by law, to issue to the Applicant a Comprehensive Permit for the Development. By: < , Stuart Bornstein t , Section 2 APPLICANT STATUS Stuborn LP agrees to conform to the limited dividend requirements of Chapter 40B which, in turn, require that the developer abide by whatever such requirements are imposed by the housing program being utilized. Accordingly, we have attached a draft of the Regulatory Agreement and Monitoring Services Agreement which will be used under the Federal Home Loan Bank of Boston's New England Fund Program. These drafts will be finalized and resubmitted to the ZBA prior to the commencement of construction. The Regulatory Agreement stipulates that the developer's profit shall be limited to 20% above total development costs (which mirrors the State's limited dividend requirements under its HOP and LIP affordable housing programs.) The profit margin will be analyzed upon receipt of all sales revenue documentation as well as total project expenses from the developer. A copy of the review will be filed with the Town of Barnstable upon completion. Any profits in excess of the 20% limit will be returned to the Town for use in further assisting affordable housing in the community. '1 REGULATORY AGREEMENT [Homeownership] This Regulatory Agreement(this "Agreement") is made this day of , 199_by f , a Massachusetts [corporation/limited partnership/limited liability company] having an address at ("Developer")and the Federal Home Loan Bank of Boston("FHLBB"). . BACKGROUND: . A. The Developer intends to construct a_-unit homeownership development on a -acre site on Street in , more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); B. The Developer has received a comprehensive permit(the "Comprehensive Permit")from the Zoning Board of Appeals for the [Town/City] of (the "Municipality")under Chapter 40B of the Massachusetts General Laws, with permit is recorded at the Registry of Deeds in Book , Page ; C. The Comprehensive Pernut has specified that units, or %of the total units in the Project will be affordable units(the "Affordable Units")and will be sold to households earning no more than eighty percent(80%)of the median income, by household size, for the Primary Metropolitan Statistical Area(the "Base Income")as published from time to time by the Department of Housing and Community Development or successor agency("DHCD"), and that those affordable units will remain affordable for.a period of years; D. The Project is being financed under the Federal Home Loan Bank of Boston's New England Fund("NEF")and the NEF requires that the Developer provide the number of Affordable Units described above; E. Pursuant to the FHLBB's requirements and the requirements of the Comprehensive Permit, the Developer has agreed to retain the Massachusetts Housing Finance Agency(the "Monitoring Agent") to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Limited Dividend Requirement. NOW THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the FHLBB hereby agree and covenant as follows: 1. Unit Distribution. The distribution of the Affordable Units by unit size shall be as set forth below: 0 BR 1 BR 2 BR 3 BR 4 BR Number of Units Maximum Sales Price The maximum sales price shall be established so that a household earning the Base Income for a family of four would pay no more than 30%of gross income for the sum of annual debt service on a mortgage of 90%of the sales price (including principal and interest)plus property taxes, insurance and any condominium/homeowner association fees. 2. Affordability. The Affordable Units shall be sold to households who have an annual income equal to or less than the Base Income. The Base Income will be adjusted from time to time according to DHCD guidelines. The maximum sales price for the Affordable Units at subsequent resales shall be determined by applying a discount rate, established at the time of initial sale,to the appraised value at the time of resale. The discount rate is the percentage of the unifs fair market value for which the unit sold, as determined by an appraiser at the time of the initial sale. This rate shall be applied to the fair market value of the unit at the time of resale, as determined by an appraiser retained by the seller of the Affordable Unit. The unit must be sold to a household earning no more than the Base Income. 3. Deed Riders. At the time of sale of the Affordable Units by the Developer, the Developer shall execute and shall as a condition of sale cause the purchasers of the Affordable Units to execute a deed rider in the form of Exhibit B attached hereto and made a part hereof(each a"Deed Rider"). Each Deed Rider shall require the unit owner at the time he/she desires to sell the Affordable Unit to notify the FHLBB of the discounted purchase price more particularly described in the Deed Rider. The owner of the Affordable Unit must thereafter find a purchaser who meets the income guidelines. If the Affordable Unit owner is unable to find an eligible purchaser within a 120 day period from the date the unit was put on the market, as determined by the date of the first advertisement for sale or the date an agreement was signed with a listing broker to market the ` Affordable Unit, the seller can sell the unit to any person, regardless of his/her income and at any price, free of any future resale restrictions, provided that the difference between the actual } resale price and"the discounted purchase price shall be paid to the Municipality for deposit in an affordable housing fund to be used by the Municipality to support other affordable housing within the municipality. -2- i L The Deed Rider shall require the Affordable Unit owner and any purchaser to execute at the time of resale a similar Deed Rider which shall be attached to and made,a part of the deed from the owner to the purchaser, so that the affordability of each Affordable Unit will be preserved each time that subsequent resales of the Affordable Units occur during the period of affordability specified in this Agreement. 4. Dividend Limitation. Developer agrees that the profit to the Developer or to the partners, shareholders, or other owners of Developer or of the Project shall not exceed twenty percent(20%)of total development costs of the Project, exclusive of development fees (the "Allowable Profit"). Upon issuance of a final Certificate of Occupancy for all of the units in the Project, the Developer shall deliver to the Monitoring Agent an itemized statement of total development costs together with a statement of gross sales revenues from the Project received by the Developer to date certified by the Developer("Certified Cost and Income Statement"). If all units in the Project have not been sold as of the date the Certified Cost and Income Statement is delivered to the Monitoring Agent, the Developer shall at least once every ninety(90)days thereafter, until such time as all of the units are sold, deliver to the Monitoring Agent an updated Certified Cost and Income Statement. After all units in the Project have been sold, the Developer shall deliver to the Monitoring Agent a final Certified Cost and Income Statement. All profits from the Project in excess of the Allowable Profit shall be paid by the Developer to the Municipality for deposit in an affordable housing fund to be used by the Municipality for the purposes of encouraging, creating or subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. 5. Affirmative Marketing. The Developer shall not discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin'or any other basis. prohibited by law in the selection of the buyers for the Affordable Units. The Developer shall affirmatively market the Affordable Units to minority households through direct outreach efforts to local churches, social service and civic organizations as well as local and area-wide newsprint media where minority households are most likely to be contacted. This outreach effort must continue for a period of at least 60 days prior to the selection of buyers for the Affordable Units. In addition,the Developer agrees to adopt a preference for local resident households and such local preference will remain in effect during a 60 day marketing period after which the buyers for the Affordable Units will be selected by the Developer. The Developer agrees to maintain for at least five(5)years following the sale of the Affordable Units, a record of all newspaper ads, outreach letters, translations, leaflets and any other outreach efforts,which may,be inspected by the Monitoring Agent or the Municipality. 6. Recording. Upon execution hereof, the Developer shall immediately cause this Agreement to.be recorded with the Registry of Deeds for the County where the Project is located and/or, if the Project consists in whole or in part of registered land, to be filed with the Registry-District of the Land Court for the County where the Project is located. Upon recording and/or filing as applicable,the Developer shall immediately transmit to the FBLBB and the Monitoring Agent evidence of such recording and/or filing. -3- 7. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer(i)is a[corporation/limited partnership/Emited liability ,company] duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii)has the power and authority to own properties and assets and to carry on its business as now being conducted, and(Ili)has full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i)will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii)will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note or other instrument to which the Developer is a party or by which it or the Project is bound, and(ill)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the Project free and clear of any lien or encumbrance, subject to the encumbrances created pursuant to this Agreement, any loan documents relating to the Project, or other permitted encumbrances. 8. GoverningLaw/Amendments/Severability. This Agreement shall be governed by the laws of The Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 9. Monitoring Agent. The Developer shall retain the Monitoring Agent for purposes of monitoring Developer's performance hereunder pursuant to an agreement acceptable to the Monitoring Agent and the FHLBB. All notices and reports required to be submitted hereunder shall be submitted directly to the Monitoring Agent. The Monitoring Agent shall have authonity to act in all matters relating to this Agreement. 10. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth, below, or to such other place as a party may from time to time designate by written notice: -4- Developer: a Monitoring Agent: Massachusetts Housing Finance Agency One Beacon Street Boston, Massachusetts 02109 Attn: Brian DeLorey 11. Term. The term of this Agreement shall be years, provided that this Agreement shall terminate if the Project is acquired by foreclosure or instrument in lieu of foreclosure so long as the holder of the mortgage has given the FHLBB not less than sixty (60)days' prior written notice of the holder's intention to foreclose the mortgage or to accept an instrument in lieu of foreclosure. 12. Successors and Assign. The Developer intends, declares and covenants on behalf of itself and its successors and assigns(1)that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in titlejii)are not merely personal covenants of the Developer, and(iii) shall bind the Developer, its successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of The Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and ` covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 13 Default. If any default,violation or breach by the Developer hereunder is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Developer thereof then the Monitoring Agent may send notification to the FHLBB that the Developer is in violation of the terms and conditions hereof. The FHLBB may exercise any other remedy available to it, including calling its advance under the NEF or increasing.the interest rate on such advance. The Municipality may also exercise any legal remedy available to it. The Developer shall pay all costs and expenses, including legal fees, incurred by Monitoring Agent in,enforcing this Agreement and Developer hereby agrees that FHLBB and its agents; including the Monitoring Agent, shall have a lien on the Project to secure payment of any such costs and expenses. The Monitonng Agent, may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expenses due and owing in ry' '? . the Registry of Deeds or the Registry District of the Land Court for the county in which the Project is located. A purchaser of the Project or any portion thereof shall be liable,for the -5- payment of any unpaid costs and expenses which were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. 14. Mortgagee Consent. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terrns and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as a sealed instrument as of the date first above written. DEVELOPER: FHLBB: FEDERAL HOME LOAN BANK OF BOSTON By: By: COMMONWEALTH OF MASSACHUSETTS ss. 11998 Then personally appeared the above-named ,the of and acknowledged the foregoing instrument to be the free act and deed of , before me. Notary Public My Commission Expires: 334383 -6- MONITORING SERVICES AGREEMENT [Homeownership] THIS AGREEMENT is made as of the day of , 199�by and between with an address at ("Developer')and the Massachusetts Housing Finance Agency with an address at One Beacon Street, Boston, Massachusetts 02108 ("Monitoring Agent"). Background A The Federal Home Loan Bank of Boston("FHLBB") has agreed to provide a subsidized advance(the"Subsidized Advance")under the New England Fund(the"NEF")to Bank(the"Bank")for the purpose of financing a project containing residential housing units located at in , Massachusetts(the "Project"). B. The Project has received a comprehensive permit from the Zoning Board of Appeals of the Town[City] of (the "Municipality")under Massachusetts General Laws, Chapter 40B (the"Comprehensive Pen-nit")and is subject to a regulatory agreement(the "Regulatory Agreement")between the FHLBB and the owner of the Project(the"Owner"). C. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, at least units in,he Project(the "Affordable Units")are required to be sold to households whose incomes do not exceed 80%of the median income(adjusted for household size)for the Primary Metropolitan Statistical Area ror Metropolitan Statistical Area or nonmetropolitan county] subject to deed riders governing resale(the "Affordability Requirement"). D. Pursuant to the guidelines of the NEF for comprehensive permit projects, the Comprehensive Permit and the Regulatory Agreement, the Owner may not receive profit in excess of 20%of total development costs of the Project(the"Limited Dividend Requirement''). E. Pursuant to requirements of the Regulatory Agreement and the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Owner with the Limited Dividend Requirement. F ement f For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Monitoring Services. Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirements and the compliance of the Owner with the Limited Dividend Requirement, including: (i) Receipt of cost certifications for the Project. (ii) Review of(x)the adequacy and completeness of cost certifications and(y)the substantive compliance of the Project with the Affordability Requirement and of the Owner with the Limited Dividend Requirement. (iii) Review of income certifications, deeds and deed riders with respect to initial sales of Affordable Units. (iv) Monitoring of resales of Affordable Units for compliance with the terms of the applicable deed riders and issuance certifications, as appropriate, approving resales and the payment of recapture amounts. (v) Preparation annually of a report(the"Annual Compliance Report")to the FHLBB on the compliance(x)of the Owner with reporting requirements(so long as the Owner still owns units in the Project), (y)of the Project with the Affordability Requirement and(z)of the Owner with the Limited Dividend Requirement(so long as the Owner still owns units in the Project). The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, describe efforts being made by the Owner to remedy such noncompliance and, if appropriate, recommend a demand by the FHLBB for repayment of the Subsidized Advance or other possible enforcement action against the Owner. (vi) Circulation of an Annual Compliance Report to the FHLBB, to the Bank and to the Zoning Enforcement Officer of the Town [City] of within 120 days after the end of each calendar year. r The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure to the extent practicable the compliance of the Project and the Owner with the Affordability Requirement and the Limited Dividend Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Owner, if appropriate, after an event of noncompliance. 2. Monitoring Services Fee. The Monitoring Agent shall receive a fee of$ from the Owner at the time of execution of this Agreement. Such fee shall constitute payment in I -2- full for the services of the Monitoring Agent hereunder over the term of this Agreement. FHLBB shall have no responsibility for payment of any fee to Monitoring Agent hereunder. [Alternative fee structures may be permitted in the Monitoring Agent's discretion. The recommended fee is the present value, discounted at 5%per annum, of a stream of annual payments over the term of this Agreement,each equal to$1,000 plus $40 per unit for each Affordable Unit in excess of 25 Affordable Units.] 3. Enforcement Services. In the event of serious or repeated violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Owner to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right to take appropriate enforcement action against the Owner, including,without limitation, notice to the FHLBB, to the Municipality and/or to the Bank or legal action to compel the Owner to comply with the requirements of the Regulatory Agreement. The Regulatory Agreement provides for payment by the Owner of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the Owner thereunder and grants to the Monitoring Agent a lien on the Project to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Owner and to assert alien on the Project to secure payment by the Owner of such fees and expenses. In the event of a violation of the provisions of a deed rider, the Monitoring Agent shall take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, notice to the FHLBB, to the Municipality and/or to the Bank legal action to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses(including legal fees)of the Monitoring Agent in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent a lien on the unit to secure payment of such fees and expenses. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. The Monitoring.Agent shall not be entitled to seek any compensation or reimbursement from FHLBB or the Bank in connection with the enforcement services under this Section 3, it being understood that the Monitoring Agent shall look solely to the reimbursement rights described above for payment of the Monitoring Agent's costs and expenses. Nothing in this Agreement shall be construed to require the Monitoring Agent to expend more than$30,000 in enforcing the provisions of the Regulatory Agreement or to take any particular enforcement action against Owner. Monitoring Agent shall have the same discretion in enforcing the Regulatory Agreement as it would have in enforcing regulatory agreements on its own behalf. 4. Term. The monitoring services are to be provided for the first 15 full years after sale of the first Affordable Unit. The term of this Agreement shall end on the date six months after the end of the 15th full year after sale of the first Affordable Unit. -3- 5. Responsibility of Monitoring_,Agcent_. The Monitoring Agent shall not be held liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence. 6. Indemni . The Developer agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorney's fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving claims of improper or inadequate performance by Agent hereunder. 7. Applicable Law. This Agreement, and the application or interpretation hereof shall be governed by the laws of The Commonwealth of Massachusetts. 8. Binding_Agreement. This Agreement shall be binding on the parties hereto,their heirs, executors, personal representatives, successors and assigns. .9. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written above. [DEVELOPER] By: Title: MASSACHUSETTS HOUSING FINANCE AGENCY By: Title: 334393 1 -4- ' Section 3 SITE CONTROL e P Y PURCHASE AND SALE AGREEMENT In consideration of the mutual promises of the parties hereto and o-f the mutual benefits to be gained from the performance thereof, the parties hereto hereby agree as follows : 1 . PARTIES Canal Marine, Inc . , a Massachusetts corporation with a principal address at P .O. Box 2813 , Hyannis, Massachusetts 02601 (hereinafter collectively referred to as the "Seller" ) agree to sell., and Stuart Bornstein, having an address at 297 North Street, Hyannis, Massachusetts 02601 (hereinafter referred to as the "Buyer" ) agrees to buy, upon the terms and conditions hereinafter set forth the following described premises . 2 . PF_EMISF.S The property which is the subject of this Agreement consists of ,3 . 68 acres of land, more or less , in Barnstable , Barnstable Countv, ' Massachusetts, more particularly described in a deed . recorded in Book 1402 , Page 224 (the "Land" ) , together with all 'improvements, structures and buildings thereon and all rights, privileges, easements and appurtenances to the Land, including-, without limitation, all easements , rights-of-way, and other appurtenances used or connected with the beneficial use or enjoyment thereof , and all right., title and interest in and to all streets, water courses or water bodies adjacent to, abutting or serving the Land (the Land and all such other improvements and rights being hereinafter collectively called the "Premises" ) , such purchase and sale to include such other rights and property, and to be on such terms and conditions , as follows : t , 3 . Pi` ;.CHASE PRICE The put- :,hale price for the Premises and for all other rights and property to be sold hereunder shall be determined as follows :, a-. plus $37, 500 per condominium unit for the Units permitted pursuant to and as defined in Section 1 . he-reof (the "Purchase Price" ) ; provided, however, that there shall be no less than sixteen (16) Units, for a lainimum purchase price of One Million, One Hundred T}; )usand ($1, 100 , 000 . 00) Dollars and provided further that if any additional condominium units are permitted wi :_hin fifteen (15) years of the date of the conveyance , cc ?itemplated herein, Buyer shall pav to Seller $37 , 500 pEr condominium unit for each additional unit . The provisions of this Section 3 shall be binding upon Brver' s successors and assigns, and Buver shall remain 1. 7ibl hereunder notwithstanding the transfer of title o, the Premises during such ten , (10) year period in the n event Buyer fails to inform a purchaser of the obligations hereunder and to procure an agreement in writing by and between such purchaser and Seller for the purchaser' s assumption of these obligations . b . A deposit in the amount of $25, 000 . 00 has been paid this day, and the balance of the Purchase Price as determined in accordance with subparagraph a. of this Section 3 are to be paid at the time of delivery of the deed by certified, bank or cashier' s check. a . TIME FOR PERFORMANCE DELIVERY OF DEED The deed is to be delivered and the closing shall take place at 9 : 00 a .m. on September 14 , 1997 (the "Original Closing Date" ) at the Barnstable County Registry of Deeds or, at the election of the Buyer, at the offices of the attorneys representing the Buyer; provided, however, that in the event the Buyer obtains the Y - prior to August 31, permits (as defined in Paragraph 11 hereof) p g 199'7 , the Buyer shall have the right to establish an earlier date for the closing which date shall be at least sixty (60) days after the Buyer has given written notice to the Seller of such earlier closing date in order to provide the seller with sixty (60) days notice for Mrs . Sybil Bassettheo .Yemasesate ndsix and o6) weeks notice for the other tenants of right to establish by further that the Buyer vided shall have the g written notice to the Seller on or before August 31 , 1997, a later date for the closing which date may be up to sic (6) months , from the Original Closing Date, as provided in Paragraph 11 hereof, and one (1) further six (6) month extension, as provided in said Paragraph 11 . It is agreed that time is of the essence of this agreement . 5 . POSSESSION AND CONDITION OF PREMISES, Full possession of the Premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, the Premises to be then: (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) in compliance with the provisions of instruments referred to in . section 9 (d) hereof . The Buyer shall be entitled. to an inspection of the Premises prior to the delivery of the deed in order to determine whether the condition thereof comalies with the terms of this clause . 6 . EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM If the Seller shall be unable to give title or to make conveyance , or to deliver possessiomeoof the thePdeliver� ofall the deed herein stipulated, or if , at the t provisions the de hereof (other the Premises do not ions ofnSectionrm t11) horpif Seller is in breach of than the proves -2- or has not fulfilled all of Seller' s affirmative reasonableeeffortsttonremove hereunder, then the Seller shall any defects in title, or to deliver possession as provided herein, or to mak e the said Premises conform to the provisions hereof (other than the provisions of Section 11) or to fulfil and satisfy all of Seller' s affirmative obligations herein, as the case may be, in which event the time for performance hereof shall be extended for a period of thirty (30) days . � , FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM ETC . If at the expiration of the extended time the Seller shall- have failed so to remove any defects in title, deliver possession, or make the Premises conform to the provisions hereo- (other than the provisions of Section 11) or to fulfill and tisfy all of Seller' s er ll ' s affirmative obligations herein, as the case may be, all as herein agreed, then, at the Buyer' s option, any payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be null and void and without recourse to the parties hereto. 8 . BUYER' S ELECTION TO ACCEPT TITLE The Buyer shall have the election, at ether teoriginal or any extended time for performance, toaccepttion itle as the Seller can -deliver to the Pswithout their deductionCoialwhichacaseo pay therefor the purchase price the Seller shall convey such title . nowledge that the provisions of Soction 11 The parties ack of this Agreement dealing with the Buyer' s rights are independent from and in addition to the foregoing Sections 6 , 7 and 8 . Seller shall have no obligation to make the Premises comply with Section 11 . g . TITLE DEED Said Premises are to be conveyed by a good and sufficient quitclaim deed running to the Buyer, or to a nominee designated by the Buyer by written notice to the be deliveredraslven providedeast hereinVen (7) days before the deed record and and said deed shall convey a good and clar, rates) , title to marketable and insurable (at ordinary premium the Premises , free from all encumbrances , except : and zoning l (a) provisions of existing building laws ; (b) such real estate taxes for the then current delivery Ozfiscal er { as are not due and payable the the deed; -3- (c) any liens for municipal betterments assessed after the date of this agreement; and (d) easements, restrictions and reservatons or ecorinted, if any, so long as the same do not prohibit with the Buyer' s intended use of the Premises for a minimum of sixteen (16) condominium units more particularly described in Section 11 herein. 10 . PLANS; CERTIFICATE OF TITLE If said deed refers to a plan necessary to be recorded therewith, the Seller shall deliver such plan Iftthehe ded title to the form adequate for recording or registration. Premises is registered, said deed shall be in form sufficient to entitle the Buyer to a CeWifh1theedeed Title- SelleresPOwneres, and the Seller shall deliver Duplicate Certificate of Title and any other instruments necessary to enable. the Buyer to obtain a Certificate of Title . 11 . PERMITS LICENSES & APPROVALS The Buyer shall diligently and in good faith undertake to obtain an amnesty license for the Premises and to conduct the necessary high water mark rationctolpur�hasennec t ion the Ptemiseshis(the "DEP Work" ) . Buyer' s obligation conditional upon' Buyer obtaining such license, and completion of the DEP Work including any and all approvals necessary to 1997 . In the event authorize the DEP work, on or before May se, despite Buyer' s that Buyer is unable to obtain said license, eveals diligent efforts, or that the high water mark research hinterferesi indicates any condition which materially p r with the use of the Premises for construction of at least sixteen (16) condominium units, the Buyer may terminate this Ag re by notice to the Seller on or before Mav and3documentedscosts ofathe reimburse Buyer for the reasonable license and DEP Work up to actand no/100 ($20 , 000) Dollars grdles closes , by deduction from the Purchase Price if the conveyance is completed or directly to Buyon saleer in horevent otherthat the conveyanceaofatheon is not completed, payable p Premises to any other party, provided Seller secures the obligation by performance mortgage to Buyer covering percent per Premises , interest to accrue on such amounts at eight p annum beginning September 14 , 1997, to secure Seller' s obligations pursuant to this paragraph which shall survive the termination of this Agreement . The Buyer intends to extensively renovate the -::ist ing building on the Premises and to construct (the I"Uni t�-,rn) oalll tee*� (16) condominium units on the Premises cifications satisfactory to Buyer in according to plans and spe -4- Buver' s sole discretion, as the same may be revised from time to time (the "Project" ) . The purchase price hereunder reflects the , intention of the parties that the Premises be sold and conveyed together with all duly issued and validly existing governmental agreements , certificates, assurances, permits and approvals, federal, regional (including, without limitation, the Cape Cod Commission) , state and local, necessary for the construction, operation and use of the Project, all of such agreements , certificates , assurances, permits and approvals having terms and conditions which shall not materially prohibit or interfere with the construction of sixteen (16) condominium units on the Premises and being hereinafter collectively referred to as the "Permits" , which Permits shall be obtained by Buyer at Buyer' s sole cost and expense, and which Buver shall diligently and in good faith pursue . Accordingly, the Buyer' s obligation- to purchase the Premises is conditional upon the Buyer having obtained all the Permits and all appeal periods (including, without limitation, with respect to local zoning permits, the 20 day appeal period in M.G.L. Chapter 40A) from the issuance thereof having expired without any appeal having been taken, or in the event of any such appeal , that the same be finally adjudicated in favor of the Seller. All of the Permits shall be in writing, shall be duly and validly issued by the appropriate governmental authorities in accordance with all procedural requirements relating to the issuance thereof, shall be recorded, if necessary, and shall be and remain in full force and effect at the time of closing. Buyer shall pursue all necessary permits diligently and in good faith. In no event will the Buyer be deemed to have used diligent efforts to obtain such permits unless the Buyer submits completed applications to the Zoning Board of Appeals and Conservation Commission on or before May 1, 1997 . In' the event the Buyer is unable to obtain the Permits conforming with -all of the requirements set forth above , by August 31 , 1997 set forth in Section 4 above, then the Buyer may, at the Buyer' s option either: (i) close with such Permits as then exist, (ii) if the amnesty license referenced above is the sole unobtained permit , extend the closing in accordance with said Section A for no more than six (6) months after the Original Closing Date, as designated by the Buyer (the "First Etended Closing Date" ) or (iii) cancel this Agreement, in which event all deposits made hereunder shall be forthwith refunded to the Buyer, with the exception of sums identified as non-refundable filer—in, and thereupon this Agreement shall be null and void, exc .pt as otherwise provided, and without "further recourse to the _parties hereto . - -If the Buyer elects option (ii) , and if on the P rst Extended Closing Date the Buyer still has been unable to obtain the amnesty license, then the Buyer shall at the First E'-:tended' Closing Date again have the same options set forth at (i.) , (ii) and (iii) above, and the new closing date shall be no more r.han -S- six (6) months from the First Extended Closing Date (the "Second Extended Closing Date" ) . At the closing, all Permits to the extent not held or issued to the Buyer and all of the Seller' s rights under such Permits (to the extent Seller may assign) shall be duly assigned to the Buyer by instrument reasonably satisfactory to the Buyer, without warranty by the Seller. In the event this transaction does not close, all permits, together with the plans, results and reports of all inspections under Paragraphs 11 and 12 below shall become the Seller' s property, to the extent possible, and Buyer shall execute any necessary or appropriate assignments to Seller or Seller' s nominee in form satisfactory to Seller. In addition, Buyer will provide Seller with contemporaneous copies of all plans, reports, applications and permits received by Buyer, and Buyer authorizes Seller to communicate directly and receive information from professionals engaged by Buyer in the permitting process, including surveyors, engineers, consultants, architects and attorneys . In the event that this Agreement is extended past September 14 , 1997 , either by subsequent agreement of the parties or by Buyer pursuant to Paragraphs 4 and 11 of this Agreement, the Buyer shall pay the Seller Five Thousand Dollars ($51000 . 00) per month during such extended period, to be credited toward the purchase price on behalf of the Buyer at closing; provided, however; that if the sole reason for such extension is Buyer' s inability to obtain the amnesty license despite Buyer' s best efforts and Buyer has obtained all other permits within the time periods specified herein, no such monthly payment shall be the required. The Buyer agrees that the Buyer shall reimbursetaes for the Seller an amount equal to 500 of the real estate Property for the period which the property is subject to this Agreement . Said amount shall be prorated from the date of execution of this Agreement and shall be paid from the deposits hereunder at such time as the real estate taxes are due and, for such additional amounSuchsamounts not shall due be non-ref�undableadjusted for at the closing. 12 . BUYER' S REVIEW PERIODS AND ACCESS Buyer shall have sixty (60) days from the date of this Agreement (the "Title and General Inspection Review Period (a) to obtain and review z commitment for title insurance and a survey; and (b) to make or have made such reviews, studies , inspections and tests of the Premises as it desires, including, without limitation, reviews of all applicable building and zoning and land use laws, inspections of the structural, electrical and mechanical systems within the buildings located thereon . The Buyer further shall. have until June 1, 1997 '(the "Environmental Inspection and Review Period" ) to make or have -6- ,a made such studies, inspections and tests of the Premises as it desires regarding the condition of soils and subsurfaces of the Premises , which studies, inspections and tests may include, without limitation, an asbestos survey, soil borings, percolation tests and studies and an assessment of the Premises for the presence of any oil, hazardous, material, hazardous waste or hazardous substance (hereinafter collectively called "Hazardous Substances" ) as those terms are defined by any applicable federal, state or local law, rule, regulation (hereinafter collectively called "Applicable Environmental Laws" ) , which terms shall also include, whether or not contained in the definitions in Applicable Environmental Lrlws, petroleum, solvents, asbestos , polychlorinated biphenyls and other chemicals which are dangerous to the environment or to human beings, and to obtain a report of t:he same and deliver a copy' of such report to the Seller. On or i�efore March 1, 1997 , the Buyer shall obtain and deliver to the :' eller three (3) bids for the remediation of the premises in :accordance with applicable lac In the event all such bids c:,:cceed One Hundred Fifty Thousand Dollars ($150 , 000 . 00) , either a1arty may terminate this Agrea-,.ment and the deposits shall be .:orthwith returned to the Buyer. In the event at least one bid Ls One Hundred Fifty Thousand Dollars ($150 , 000 . 00) or less, the ;.uyer shall contract with the lowest bidder and the remediation ;hall proceed, with the first One Hundred Thousand Dollars (_$100 , 000 . 00) of remediation -osts to be deducted from the. purchase price at the closing . The Buyers shall be responsible for the remaining remediation costs . Buyer shall bear the initial cost of all such reme..liation work, and shall not allow any lien, attachment, or encumbrance on the Premises as the result of any such work. Sel-'_er shall not be liable or responsible to reimburse Buyer for the cost of any remediation work in the event that the sa:'t.e does not close for any reason. All such items shall be ob;-ained and reviewed at Buyer' s sole cost and expense . In the evert that Buyer' s tests, reviews , investigations, samples or examinations reveal or indicate any condition which materially interferes with the use of the Premises for development of sixteen (16) condominium units as more fully described in Section 11 hereof, or that title to the Premises does not comply with that described in Paragraph 9 hereof , or if the Buyer is unable to obtain a commitment for title insurance on prevailing terms and conditions, or if Buyer' s survey reveals any condition ahich materially interferes with the use of the Premises for development of sixteen (16) condominium units , or if , despite Buyer' s good faith efforts, Buyer is unable to- obtain final reports or results from any of Buyer' s tests , investigations or examinations by the end of the applicable periods , the Buyer may terminate this Agreement by giving written notice to the Seller on or before the expiration of the Title and _General Inspection Review Period or the Environmental Inspection and Review Period, whichever is applicable, whereupon all deposits made hereunder shall be refunded to the Buyer, this -7- Agreement shall terminate and neither party shall have any rights or remedies hereunder, except as otherwise provided herein; provided, however, that the Environmental Inspection and Review Period shall be extended, at Buyer' s option by written notice to Seller, for an additional sixty (60) days in the event governmental. agencies require testing in connection with the above-referenced remediation which, although commenced at least thirty (30) days prior to the expiration. of the Environmental Inspection and Review Period, will not be completed by the end of the Environmental Inspection and Review Period. In addition, if at any time subsequent to the expiration of. the above review periods and prior to the closing-, there is any adverse change in the condition of the Premises with respect to any of the foregoing which materially prohibits or interferes with the use of the Premises for construction of twelve (12) condominium units, the Buyer may elect to cancel this Agreement by written notice to the Seller and, upon the giving of such notice, all deposits made hereunder shall be forthwith refunded to the Buyer and thereupon this agreement shall become null and void and without further recourse to the parties hereto. The Seller hereby authorizes the Buyer, and its agents, employees and representatives to enter upon the Premises from time to time for the purpose of performing the above inspections . The Buyer agrees (a) to indemnify and save harmless the Seller from all costs , expenses or liabilities arising out of the Buyer' s right of access to the Premises , and (b) to restore reasonably any disturbance to the surface of the Premises or repair any damage caused by Buyer to buildings or structures,. 12a. ALLOCATION OF DEDUCTIONS FROM PURCHASE PRICE In the event that environmental remediation costs under Paragraph 12 above are less than One Hundred Thousand and no/100 ($100 , 000) Dollars and license and DEP Work under Paragraph 11 exceeds Twenty Thousand and no/100 ($20 , 000) Dollars, additional reasonable and documented sums expended for the license and DEP Work shall be deducted from the Purchase Price not to exceed a combined total of One Hundred Twenty Thousand and no/100 ($120 , 000) Dollars for both the license and DEP Work and environmental remediation.. 13 . INFORMATION TO BE SUPPLIED BY THE SELLER Within fourteen (14) days of the execution of this agreement , the Seller shall provide the Buyer with copies of all relevant engineering, architectural , survey, soil tests, permit and title related materials relating to the Premises and the development which were prepared for the Seller or are in the possession of the Seller, including, without limitation, any ei:;ting title insurance policy and any surveys of the Premises . -8- 14 . INSURANCE Until the delivery of the deed, the Seller shall continue to maintain insurance on the Premises in such amounts and with such coverage as is in existence on the date hereof . Seller specifically discloses that there is no fire or property insurance on the non-residential portions of the Premises . Written verification of such coverage shall be delivered to Buyer upon execution of this Agreement . 15 . ADJUSTMENTS Fuel (if any) and water and sewer use charges for the then current fiscal year shall be adjusted as of the day of performance of this Agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the - Buyer at the time of delivery of the deed, subject to the additional adjustments described in Paragraph 11 herein. 16 . ADJUSTMENT OF UNASSESSED AND ABATED TAXES If the amount of said taxes is not known at the time of the delivery of the deed, - they shall be apportioned on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; " and, if, the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement , less the reasonable cost of obtaining the same, shall be apportioned between the parties", provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 17 . BROKER' S COMMISSION A broker' s commission for professional services in the amount of Five and Three Quarters Percent (5 . 750) of the purchase price (which shall be the gross sale price minus any deductions under Paragraphs 11 and/or 12 hereunder) is due from the Seller to Paul F . Drouin Real Estate and Deborah Roberts to be divided among the Brokers pursuant to a written Agreement submitted to the Escrow Agents identified in Paragraph 18 below prior to the time of closing, which commission shall be payable only if , as and when the deed is delivered and accepted and the Purchase Price paid. In the event that the Brokers do not submit a written agreement for disbursement of the commission by the time of closing, the Escrow Agents shall escrow an amount sufficient to pay the commission, and shall resolve disbursement of the commission pursuant to the procedures set forth in Section 18 of this Agreement . The Buyer and the Seller represent and warrant to each other r.hat they were not introduced to each other or induced to enter -9- I 1 into this transaction by any real estate broker other than the brokers named herein. The Buyer and the Seller agree to indemnify and hold the other harmless of and from all loss, cost, damage or expense sustained by the other as a result of any claims for a broker' s commission arising on account of its breach of this representation and warranty. The Brokers herein joins in this agreement and become parties hereto in so far as any provisions of this agreement expressly apply to them and to any amendments or modifications of such provisions to which they agree in writing. The provisions of this Paragraph 17 shall survive the closing. 18 . DEPOSITS The deposits made hereunder shall be held jointly by Nutter, McClennen & Fish and Furman, Cannon & Ross, P. C. (collectively the "Escrow Agents" ) , in an interest bearing money market account (the "Escrow Deposit" ) . The duties of the Escrow Agents shall be determined by the express provisions of this Agreement and are purely ministerial in nature . If there is any dispute between the parties hereto as to whether or not the Escrow Agents is obligated to disburse or release the funds held under and pursuant to this Agreement the Escrow Agents shall not be obligated to make such disbursement or delivery, but in such event shall hold the funds until receipt by the Escrow Agents of an authorization in writing signed by all persons having an interest in said dispute, directing the disposition of the funds, or in the absence of such authorization, the Escrow Agents shall hold the funds until a final determination of the rights of the parties in an appropriate proceeding. If such written ` authorization is not given, or proceedings for such determination are not begun and diligently continued, the Escrow Agents may, but is not required to, retain counsel and bring an appropriate action or proceeding for leave to deposit the funds pending such determination. The Escrow Agents shall' be reimbursed for all costs and expenses incurred by it in connection with such action or proceeding, including reasonable attorney' s fees and disbursements, by the parties hereto. Upon delivery of the funds as provided herein, the Escrow Agents shall have no further liability hereunder. If threatened with litigation, the Escrow Agents is authorized by the undersigned to interplead all interested parties in any court of competent jurisdiction and to deposit , the funds with the clerk of the court and thereupon the Escrow Agents shall be fully relieved and discharged of any further responsibility under this Agreement . The Escrow Agents may . act as its own counsel hereunder. The Escrow Agents shall not be liable for any mistake of fact or error of judgment or any acts or omissions of any kind unless caused by its willful misconduct . The parties hereto each -10- release the Escrow Agents from any act done or omitted to be done by the Escrow Agents in good faith in performance of its obligations and duties hereunder. The Escrow Agents shall be entitled to rely on any instrument or signature believed by it to be genuine and may assume that any person purporting to give any writing, notice, or instruction in connection with this Agreement is duly authorized to do so by the party on whose behalf such writing, notice, or instruction is given. The undersigned jointly and severally agree to protect and indemnify the Escrow Agents for and hold it harmless against any loss , liability, or expense incurred without the willful misconduct on the part of the Escrow Agents, arising out of or in connection with the acceptance of, or the performance of its duties under this Agreement, as well as the costs and expenses of defending against any claim or liability arising under this Agreement . All interest earned on the Escrow Deposit shall be paid to the Seller at the time of delivery of the deed, provided however that upon release of the Escrow Deposit to the Seller on account of Buyer' s breach, all interest on the Escrow Deposit shall be paid to Seller, and further provided that if Buyer is entitled to ,a refund of the Escrow Deposit pursuant to the terms of this Agreement , all such interest shall be paid to Buyer at the time, of such refund. The Seller represents that Seller' s federal tax identification number is 04 2437625 and Buyer represents that BUYER' s federal tax identification number is 04 3256812 . In the event that the Buyer shall fail to fulfill the Buyer' s agreements herein, all deposits made hereunder and the interest earned thereon shall be retained by the Seller, together with an ` additional amount -of Twenty Five Thousand Dollars ($25 , 000) due to Seller from Buyer upon Buyer' s breach hereof , as liquidated damages in the total amount of Fifty Thousand Dollars ($50 , 000) , as Seller' s sole ,and exclusive remedy at law or in equity, and this Agreement shall be null and void and without further recourse to the parties hereto. 19 . ACCEPTANCE OF DEED The acceptance of a deed by the Buyer, its assignee or its nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are specifically s stated herein to survive the closing. 20 . USE OF PURCHASE MONEY TO CLEAR TITLE -11- } To enable the Seller to make conveyance as herein provided, the Seller may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interest, provided that all instruments so procured are recorded simultaneously with the delivery of said deed or provided that customary arrangements reasonably satisfactory to the Buyer and the Buyer' s title insurance company are made for subsequent recording. 21 . WARRANTIES AND REPRESENTATIONS The Buyer acknowledges that it has not been influenced to enter into this transaction nor has it relied upon any warranties . or representations not set forth or incorporated in this agreement or previously made in- writing. The Seller represents` and warrants to the Buyer as .follows : (a) Seller' s present officers have no personal knowledge of any proceedings instituted or threatened by any municipal, state or federal agency to condemn or acquire the Premises, or any portion thereof, by eminent domain. (b) Seller' s present officers have no personal knowledge that the Premises are in violation of any law, rule, or regulation, including without limitation, those pertaining to zoning, building, health, safety or environmental matters, of any applicable municipal, -state or federal governments . (c) The Seller ^is presently in possession of the Premises, as owner, 'and there are no contractual obligations which 4 would in any manner prevent the Seller from .freely , selling the- Premises and otherwise complying with the terms of this Agreement , and there are no tenancies or leases affecting the Premises , other than those previously disclosed to the Buyer consisting of a. residentiaL tenancy at will and a commercial tenancy at will (Karl' s Boat Yard) . (d) There is no. litigation pending for which the Seller has been served or to the best of the Seller' s knowledge threatened; against the Seller or any basis therefor that arises out of the ownership of the Premises or that might detrimentally affect the development of the Project or the value of the Premises or . adversely affect the ability of the Seller to perform its obligations under this Agreement . r4 (e) The Seller' is a corporation duly established and validly-, a " existing under the laws of the Commonwealth of Massachusetts, the directors and stockholders of which have duly authorized the undersigned officer thereof to -12- j execute this Agreement ; this Agreement and all documents executed by the Seller which are to be delivered to the Buyer at the closing are or on the day of closing will be duly authorized, executed, and delivered by the Seller, are or on the day of closing will be legal, valid, and binding obligations of the Seller, and do not and on the day of closing will not violate any provisions of any agreement or judicial order to which the Seller is a p.irty or to which the Seller or the Premises is subject . (f) The Seller is not a "foreign person" within the meaning of Section 1445 (f) (3) of the Internal Revenue Code . (g) There are no agreements or understandings, written or oral, with any governmental officials or agencies, adversely affecting the Premises , the potential development of the Project or the aggregate cost of constructing the Project . Each and every warranty and representation made by the Seller in this Paragraph 21 shall (a) have been true and correct when made, and (b) be true and correct as of the day of closing, otherwise the Buyer may, at the Buyer' s option, cancel this Agreement , in which event all deposits made hereunder shall be forthwith refunded to the Buyer and thereupon this Agreement shall be void and without further recourse to the parties hereto, except any and all claims for damages or other rights or remedies the Buyer may have against the Seller arising out of or alleged to have arisen out of such breach of warranty or misrepresentation shall survive such cancellation. Each and every warranty and representation made by the Seller herein shall survive the delivery of the deed hereunder. 22 . NOTICES . Whenever any notice is' required or permitted hereunder, suer: notice shall be in writing and shall be sent by United States registered or. certified mail, postage prepaid, return receipt requested to the addresses set forth in Section 1 of this agreement , together with a copy in the case of the Seller to : Philip E . Magnuson, Esquire Furman, Cannon & Ross, P .C. 255 Main Street Hyannis, MA 02601 -13- and a copy in the case of the Buyer to: Patrick M. Butler, Esquire Nutter, McClennen & Fish Route 28 - 1185 Falmouth Road P . O. Box 1630 Hyannis, Massachusetts 02601 Any such notice so given shall be deemed given at the time the same is deposited with the U. S . Postal Service . Either party may, by notice given to the other party, designate a new address to which notices shall be sent, . and thereafter notices shall be sent to the address most recently designated by such party. Either party may elect to hand deliver any such notice, • demand or request provided that a duly authorized written acknowledgment of receipt is obtained. 23 . MISCELLANEOUS This agreement, executed in several counterpart originals is to be construed as a Massachusetts contract, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the Seller and the Buyer. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it . 24 . SELLER' S DELIVERY At or prior to the closing, the Seller shall deliver to the Buyer the following in form and substance reasonably satisfactory to the Buyer and Buyer' s title insurance company: (a) duly executed deed contemplated by Section 9 ; .. (b) duly executed Clerk' s Certificate of Vote and Secretary of State �Certificate of Legal Existence and Good Standing of Seller and any other evidence or documents as may be reasonably required by the Buyer or the Buyer' s title insurance company evidencing the status, capacity and authority of the person or persons who executed said deed and other documents required at the closing, including, without ,limitation, a waiver of a corporate excise tax lien duly issued by the Commonwealth of Massachusetts Department of Revenue with respect to the sale contemplated by' this Agreement, or an affidavit or -14- s language in the deed that the sale does not constitute a sale of all or substantially all of the corporation' s assets . (c) duly executed parties-in-possession and mechanic' s liens title insurance affidavit and indemnity related thereto in the form requested by the Buyer' s title insurance company; (d) duly executed non-foreign certification in the form prescribed by IRC Section 1445 and the Treasury Regulations adopted thereunder; (e) duly executed assignment and assumption of the Permits and of all of the rights of the Seller thereunder - executed together with Buyer; (f) such other documents, certificates or affidavits as are reasonably and customarily required by the Buyer' s lender or title insurance company. 25 . SELLER' S COOPERATION Seller shall be available for limited consultation and meetings with the Buyer and the Town of Barnstable and other officials , as reasonably requested by the Buyer, necessary to facilitate the Buyer' s development of the Project and assist the Buyer in obtaining the Permits, especially as related to interaction with the various Town Boards and officials . Buyer shall reimburse Seller, upon demand,. for all out-of-pocket costs incurred by Seller in so cooperating with Buyer. Buyer shall be solely responsible to determine which permits and approvals 'are necessary for Buyer' s intended use, and, as set forth in , Paragraph 11 , Buyer is solely responsible for obtaining all such permits and approvals . 26 . SUPERSEDES OTHER AGREEMENTS This Agreement supersedes any and all other agreements made prior hereto by and between any or all of the parties hereto with respect to the transaction contemplated hereby and all of such prior agreements are hereby made void and without recourse to the parties thereto . 27 . SALE OF PORTION OF THE PREMISES Seller agrees to sell the existing residential building to a third party during the pendency of this Agreement for a minimum of $500 , 000 provided that : - -15- (a) Such residential building can be lawfully sold separately and apart from remainder of- the Premises without additional expense to Seller; (b) Buyer is not in default of any provision of this Agreement; and (c) Buyer consents to such sale and waives the contingencies provided in Sections 11 and 12 of this Agreement . In the event of such separate sale, Seller shall be entitled to the sales proceeds for the residential building without deduction, which amount shall be credited to the sales price under this Agreement . Executed as a sealed instrument this day of December, 1996 . SELLER: CANAL MARINE, INC. By , i 6-a Name : ` Tit 1 i BUYER: Stuart Bornstein BROKERS : PAUL 'F. DROUIN REAL ESTATE By'• Name . Deborah Roberts 292275_1.WP6F -16- AMENDMENT TO PURCHASE AND SALES AGREEMENT WHEREAS,Canal Marine,Inc. ("Seller")and Stuart Bornstein("Buyer") have entered into a Purchase and Sales Agreement dated January 4, 1997 and extended May 1, 1997(the "P&S Agreement")with respect to certain property at 153 Freezer Road, Barnstable, Massachusetts(the"Premises"),and, WHEREAS,due to unforseen regulatory difficulties the parties dcctn it appropriate and necessary to Amend the P&S Agreement; WHEREFORE,the P&S Agreement is amended as follows: 1. Buyer may, by written Notice to Seller,elect to apply for a Comprehensive Development for the Premises pursuant to M.G.L. c.40B §§20 - 23 and regulations promulgated thereunder,rather than conventional zoning relief pursuant to M.G.L. c.40A as contemplated in the P&S Agreement. In the event Buyer makes such election, the P&S Agreement Shall be amended in accordance with the following paragraphs. 2. Paragraph 3a of the P&S Agreement is deleted and the following substituted therefor: "The purchase price for the Premises and for all other rights and property to be sold hereunder is$850,000.00." 3. Section 4 of the P&S Agreement is deleted in its entirety and the following substituted therefor: "The deed is to be delivered and the closing shall take place at 10:00 a.m.on August 3, 4 1998 at the Barnstable Registry of Deeds. Buyer may establish an earlier closing date on at least 60 days written notice to'Seller, but not before July. 1, 1998." - 4. Section 11 of the P&S Agreement is amended by deleting the 2111 and 311 sentence of paragraph 1, and deleting paragraphs 2, 3,and 4,and substituting therefor: "The Buyer shall diligently and in good faith undertake to obtain a comprehensive development permit pursuant to M.G.L.c.40B §20-23 and regulations promulgated thereunder (the"40B Permit") for construction and/or renovations to create two or more condominium units on the Premises. Buyer shall pursue the 40B Permit diligently and in good faith including all available appeals to regulatory or administrative agencies. Buyer shall not be deemed to have used diligent efforts to obtain the 40B Permit unless Buyer submits it completed application to the Barnstable Conservation Commission by February 1, 1998; (2)that the'Duyer has diligently pursued all such requests, notices and applications including all available Court and Administrative Appeals; and(3)that Buyer has,despite its diligent efforts,been unable to obtain any necessary relief, permission,or determination under the Wetlands Protection Act,the Barnstable Wetlands By-law or the Rivers Act. 8. Buyer shall request that its pending applications before the ZBA be withdrawn without prejudice. WITNESS our hands and seals this Day of October, 1997. CANAL MARINE, INC. BY: bil Bassett ('R►'= mj� ,,r Stuart A.Bornstein B iy BROKERS: PAUL F. DROUIN REAL ESTATE BY: DEBORAH ROBERTS REAL ESTATE BY: S G Patrick M. Butter Philip E.Magnuson S d Wd 6E:IT L661 'D3Q :-131 WOad I Section 4 SITE APPROVAL LETTER 4 f CAPE COD BANK AND TRUST COMPANY Y' December 29, 1997 Mr. Stuart Bornstein Stuborn Limited Partnership 297 North Street Hyannis, :VIA 02601 Re: Freezer Road Affordable Housing Dear Mr. Bornstein, I am pleased to provide you with this letter expressing our interest in your application for constriction loan financing using the Federal Home Loan Bank of Boston's New England Fund for the development of a 32 condominium unit complex at 153 Freezer Road in Barnstable. You indicate that this will be a development specifically targeted to adults 55 years of age and older and that you will ill conform to the requirements of the NEF Program as follows: • 25%of the 32 units(8)will be sold to households earning no more than 80%of the Barnstable County median income,adjusted for household size,according to the latest published income limits in the Federal Register. • those 8 affordable units will be sold at a price which enables that income eligible household to pay no more than 30%of its gross income for mortgage payments, property taxes,insurance and annual condominium fees: • the affordable units will remain affordable for at least 15 years and the resale restrictions will be governed by the Regulatory Agreement used under the NEF Program and by Deed Riders attached to each affordable unit. I have visited the site and believe it is a very attractive location for the targeted population. You have submitted a copy of the November 4, 1997 Bennett.&O'Reilly,Inc. letter which indicates that some clean-up is required at the site. Clearly,any clean-up which is required must be resolved. In addition,you have indicated that you are in discussion with the Old Kings Highway Historic Commission and that issues remain with the Conservation Commission relative to the applicability of the Rivers Act. All of these concerns will have to be addressed within their own forums as you move through the permitting process. The preliminary housing design,as submitted,appears to be acceptable for the market being ' targeted and the affordable units,as designated on the plan,appear appropriately scattered ainong.. the various building locations on the site. In addition,the size and appearance of these units Customer Service Center P.C.Box 1180,South Yarmouth,.MA 02664.01$0 1.800-458-5100 http://www.ccbt.com should not create any low income housing"stigma"from any observations of the general public. Your preliminary development pro forma appears to'be in line with the costs for completing a development of this type in this location. However,once fine project has been approved-under Chapter 4013,and all other permits and approvals are in place,you will be required to submit to the bank the detailed cost estimates,and complete drawings and specifications of the project. Your proforma also assumes the required number of affordable units and sales projected ices will conform with the NEF Program. Finally,your estimated profit of 17%falls within the 20% range allowable under Chapter 40B for sales projects In sum,once your proposed project is deemed eligible under the requirements of the NEF Program, and subject to all approvals and permits in place,we would be pleased to process.a loan application for the construction financing of your Freezer Road Affordable Housing project. Sincerely yours, Peter Campbell P, Senior Vice President t . r iK r I 1 � n ' IMMEDIATE RESPONSE ACTION COMPLETION REPORT SUPPORTING DOCUMENTATION MA .DEP RTN#4-12965 CANAL MARINE, INC. 153 Freezer Road, Barnstable , MA 02630 Project#B097-1529 MARCH 30, 1998 VOLUME I 3 BENNETT AT REILLY, Inc. Engineering, Environmental & Surveying Services 1573 Main Street Sanitary 21FJSite Remediation Property Line PO BOX 1667 Site Development Hydrogeologic Survey Subdivision Q Brewster,MA 02631 Waste Water Treatment Water Quality Monitoring Land Court 508-896-6630 _ Water Supply Consulting Trial Court Witness 508-896-4687 Fax „ a i BENNETT 'REILLY, AT Inc. Engineering, Environmental & Surveying Services 1573 Main Street Sanitary 21E/Site Remediation Property Line PO Box 1667 Site Development Hydrogeologic Survey Subdivision O Brewster,MA 02631 Waste Water Treatment Water Quality Monitoring Land Court 508-896-6630 Water Supply Consulting Trial Court Witness 508-896-4687 Fax B097-1529 March 30, 1998 , Mr. Joseph Salvetti, LSP. ENSR, Inc. 95 State Road Buzzards Bay; MA. 02532 RE: IMMEDIATE RESPONSE ACTION COMPLETION STATEMENT TIER CLASSIFICATION: RTN 4-12965 Canal Marine, Inc. Property(Assessors Map 300, Parcel 6) 153 Freezer Road - Barnstable, MA Dear Mr. Salvetti, On behalf of the prospective buyer, Stuart Bornstein,BENNETT& O'REILLY, INC., has prepared the following Immediate Response Action Completion Statement and enclosed Supporting Documentation,as a summary of remedial response and assessment activities conducted at the above referenced property owned by Canal Marine,Inc. This work has been completed in accordance with approval of the written Immediate Response Action (IRA) Plan [Dated 8/22/97] and as further detailed in the Immediate Response Action Status Report [Dated 11/24/98]. As such, this document should be incorporated as an addendum to these previous filings. The sum of the information compiled within these reports, is consistent with the requirements of 310 CMR 40.0424 [IRA Plan], 40.0425 [IRA Status] and 40.0427 [IRA Completion] and serves as the technical rational and justification for the partial Response Action Outcome Statement and the Tier Classification/ Numerical Ranking contained herein referenced as Supporting Documentation in Appendix C. Remedial response activities completed as part of this IRA include 1) the removal, cleaning and licensed disposal of three abandoned underground storage tanks, 2)the cutting and cleaning for abandonment in place of 2 additional underground storage tanks, 3)the excavation and recycling of some 450 yards[692 tons] of contaminated soils in an area 61'(L) x 32'(W)x T(D) as assisted by de- sr ,: watering,4)the recycling and onsite treatment of some 7,000 gallons of impacted groundwater from within the open excavation and 5) the construction of a soil vapor extraction system to facilitate further improvement in environmental conditions. Remedial activities were accompanied by an extensive environmental monitoring program to evaluate the effectiveness of cleanup efforts and 1 1 MARCH 30,1998 BORNSTEIN-CANAL MARINFJBO97-1529 PAGE 2 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION 1 evaluate risk to the identified human and environmental receptors. This work has been successful in the mitigation of significant environmental hazards and is used to support a Class A-2, Response Action Outcome in the area of release at the Barnstable Marine property. This work has proceeded in a manner consistent with the MCP Response Action Performance Standards(RAPS) pursuant to 310 CMR 40.0191 and QA/QC policies of BENNETT & O'REILLY, 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. SITE DESCRIPTION [Refer to Appendix A] The Canal Marine property at 153 Freezer Road in Barnstable Village is located north of State J Highway Route 6A off Mill Way. The property is a peninsula sticking out into Barnstable Harbor at the end of Freezer Road and bound on the east and west by Maraspin and Rendezvous Creeks. The property is developed by two wood frame warehouses and a residential dwelling and presently contains some 4.11 acres above the mean high water. The warehouses, referred to as the Freezer Plant and Cannery,have been out of commercial operations for more than 20 years. The cannery is currently used for the storage of boats. The Freezer Plant is vacant and in disrepair. Research shows that the Cannery and Freezer Plant were constructed and in operation at the time of property transfer to the Cape Cod Fish Freezing & Packing Company in 1914 (Book 559, Page 63) by Alfred Crocker. At the time of property transfer, it appears that the Canal Marine property and abutting Barnstable Marine property to the south,were in common ownership by Alfred Crocker in support of commercial fishing operations. The Freezer Plant was constructed as an ammonia ice manufacturing facility in support of the Barnstable Fishing Fleet. The Cannery was used _ for the processing and packaging of fish. Historic photographs show a line of boat slips and buildings on piles along Maraspin Creek at the eastern edge both properties. In 1925, the parent property was transferred from the officers of the Cape Cod Fish Freezing &Packing Company to the Old Colony _ Freezer Company. In 1932, the parent property was transferred from the Old Colony Freezer Company to the United Cape Cod Cranberry Company. A second deed from Alfred Crocker to the United Cape Cod Cranberry Company dated 3/25/33, appears to separate the current Barnstable Marine and Canal Marine properties with ownership of the subject site by United Cape Cod Cranberry Company to the north while retaining the Barnstable Marine property to the south. The reference plan showing the configuration of the properties(Plan Book 62, Page 39) was not available at the Barnstable Registry of Deeds. i MARCH 30, 1998 BORNSTEIN-CANAL MARINE/13097-1529 1 PAGE 3 OF 18 IRA COMPLETION STATEIVIENT-TIER CLASSIFICATION T. Information provided by Canal Marine, Inc., shows that in July 1941the United Cranberry j Company leased a 50' x 100' portion of the southeast corner of the subject property to Gulf Oil J Company. It appears that at this time, the underground storage tanks were installed for the fueling of the Barnstable Fishing Fleet and commercial vehicles associated with the United Cape Cod lCranberry Company ice making and fish processing business. In 1967, the property was deeded from United Cape Cod Cranberry Company to Canal Marine, Inc. In the plan referenced in the property i transfer, the area leased to Gulf Oil Company is not shown but the common property line with Barnstable Marine and the location of the fuel pumps is delineated. It is indicated,that Cape Cod Marine, Inc., operated the Freezer Plant for ice making for a period of time and utilized the underground fuel tanks. Eventually, ice making ceased and the Freezer Plant was used exclusively for cold storage of cranberries. It is suspect that within the period of the mid 1970's, the use of the underground storage tanks was abandoned with the construction of a fuel dock at the abutting Barnstable Marine property. As such, it appears that the subject Canal Marine, Inc., and abutting Barnstable Marine properties have had use associated with maritime services for more than 50 years. The release of gasoline and fuel oil and the associated corrosion of the underground storage tanks installed by Gulf Oil, has been identified as the source of contamination addressed by this Immediate Response Action. The surrounding area along Maraspin Creek is primarily in commercial use with Barnstable Marine Service to the south and Whale Watcher Cruises/Mattakeese Wharf Restaurant and the public boat launch to the east. The area to the west of the subject property is in residential use as developed by single family private homes. Review of MA DEP and Fire Department records indicate two other releases have been reported within a 1/4 mile of the site. These are the release of diesel fuel from the Town of Barnstable underground storage tank at the sewage pumping station on Freezer Road some 1,000' south of the subject site(11/30/94: RTN#4-0010961) and a minor(less than reportable) release at an undisclosed residential address on Freezer Road(12/13/96: RTN#4-0412713). Potential remaining sources of contamination at the site and abutting properties would include underground fuel storage at the Barnstable Marine property and ammoniated oils within the compressors at the Canal Marine Property. The subject site and surrounding properties are supplied with town water. There are no known private potable water supply wells within 1000' of the release area. The site is not located within the Zone II Protective radius for the Barnstable Municipal Supply Wells. Groundwater is located 3-6' below grade. Regional groundwater flow direction is to the north, towards Barnstable Harbor. Site specific groundwater gauging has determined a southeasterly to southwesterly flow direction with significant tidal influence. Barnstable Harbor is designated as an Area of Critical_ Environmental Concern beyond the entrance to Maraspin Creek and is considered a productive fishery. i • i l MARCH 30, 1998 PAGE 4 OF 13 BORNSTEIN-CANAL,MAItINE/13097-1529 IRA COMPLETION STATEMENT-TIER CLASSIFICATION J i Although Cape Cod is an EPA designated "Sole Source Aquifer", it is the opinion of BENNETT & O'REILLY, INC., that site specific information supports a Non-Potential Drinking Water Source Area (NPDWSA) delineation according to the definition presented in 310 CMR 40.0006. Historic and current activities and use of the property show the property as an area of water J based commerce and transportation related to commercial fishing and recreational activities. A UTW (urban transportation-water dependant)designation is applicable as detailed in the Policy Document for"Determining NPDWSAs"issued by MA DEP (4/30/97). These lands are contiguous with other such areas surrounding Barnstable Harbor and with the urbanized Barnstable Village Center as meeting the 100 acre criteria for NPDWSA designation in accordance with the provisions of 310 CMR 40.0932(5)(c). In the"Regional Policy Plan Map", Appendix A, the Cape Cod Commission has designated the subject area as"water quality impaired"based on development. The exclusion of the release area as within a NPDWSA is further qualified by saltwater intrusion and brackish groundwater conditions ' documented by tidal influence, conductance measured and laboratory analysis reported at the onsite monitor well [Refer to 10/31/97 samples - Appendix D]. In accordance with the provisions of 310 CNIR 40.0932(5)(b)2 for naturally brackish water, the area is further considered a NPDWSA and excluded from the GW-1 Risk Characterization category for human ingestion of groundwater in this area. Based on the environmental setting, the accessibility to soil, the frequency and intensity of site use, and the depth to groundwater, it is the opinion of BENNETT& O'REILLY,INC.,that the applicable Risk Characterization Categories for soil and groundwater at the Canal Marine property are S-l/S-2/S-3 and GW-2/GW-3, respectively. BACKGROUND [Refer t0 IRA Plan and IRA Status Reports] Two underground storage tanks (LIST'S) and a fuel pump were discovered south of the former freezer plant during the coarse of a Phase I Environmental Site Assessment (ESA) Investigation. The area of the USTs is within 20' of a creosote wooden bulkhead along Maraspin Creek. The fuel tanks and distribution system were reportedly abandoned for at least 20 years. Initial soil screening (Policy WSC-94-400) performed 4/11/97 revealed a photoionization detector (PID)response for total volatile organic compounds VOCs )greater than 100in developed headspace of soil samples collected adjacent to the abandon daUSTsr Blase m pe DPP ) d on an apparent 72 hour notification requirement, BENNETT & O'REILLY, INC., obtained authorization x: from the property owners representative (Phil Magnuson, Esquire)to make the required verbal notification. The MA DEP (SERO), BWSC/ERS was subsequently notified by BENNETT & O'REILLY, INC., at 2:45 pm on 4/14/97. Site conditions were reviewed with the MA DEP case officer, Robert Kearns. At the request of BENNETT & O'REILLY, INC., Mr. Kearns granted verbal authorization of an IRA for excavation of up to 100 yards of contaminated soil and evacuation MARCH 30, 1998 BORNSTEIN-CANAL MARINFJBO97-1529 PAGE 5 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION of 3000 gallons of impacted groundwater and fuel. BENNETT&O'REILLY, INC., also proceeded to notify the local authorities including the Barnstable Fire Department, Barnstable Health Department and Barnstable Conservation Commission, as required. The Barnstable Fire Department issued an Order of Notice to the property owner regarding violations of fire laws based on an inspection of the site conducted 4/17/97. The property owner was ordered to abate the conditions of violations by 5/1/97 (refer to Appendix Q. As a result, BENNETT & O'REILLY, INC., was authorized to proceed with the removal of the USTs. Upon review of the project by the Town of Barnstable Conservation Commission, an Emergency Order of Conditions was issued. . - Tank removal operations, as consistent with the provisions of 527 CMR 9.00, were conducted on 5/8/97. BENNETT & O'REILLY, INC., provided closure assessment, supervision and documentation of tank removal operations performed by Enviro-Safe Corporation of Sandwich, MA. The tank contents were evacuated with a Inland Water Pollution Control (EPA ID # . MAD982606287)vacuum truck and transported to Paradise Heating Oil,Inc., of Ossining,NY (EPA ID#NY0000041830)for disposal. A total of 2,750 gallons of water with fuel.was removed. Tank sludge was removed and placed in 55 gallon DOT drums and transported to General Chemical in Framingham, MA. Tank removal permits, tank disposal yard receipts and the Uniform Hazardous Waste Manifest are included in Appendix C. Upon exposure of the tanks (a 2000 gallon fuel oil UST and an 1000 gallon gasoline UST), obvious holes and splitting of side seams was observed. The USTs were noted in contact with groundwater with communication of groundwater into the vessels. A heavy sheen was noted on the exposed groundwater with obvious petroleum impacted soils adjacent to the USTs. Sidewall and BOH samples were collected for PID screening and laboratory analysis as consistent with the MA DEP"UST Closure Assessment Manual"dated 4/9/96. BENNETT & O'REILLY, INC., collected sidewall and bottom of hole(BOH) samples of the tank grave for laboratory analysis in review of risk characterization and to qualify earlier data indicating a source of non-petroleum related contamination attributed to paint thinner. Impacted soil excavated as a part of the UST removal was stockpiled on plastic adjacent to the tank grave. The area of excavation and the contaminated stockpile, were secured from rainfall infiltration with plastic sheeting. A silt fence was installed surrounding the area of UST removal. Further remedial activities were suspended pending resolution of issues between the buyer and the seller relative to remedial expense. F MARCH 30, 1998 BORNSTEIN-CANAL MARINE/13097-1529 PAGE 6 OF 18 IRA.COMPLETION STATEMENT-TIER CLASSIFICATION REMEDIAL RESPONSE ACTIONS [Refer to Appendix B and Appendix C] Remedial response activities were initiated on 9/24/97 with the excavation of contaminated soils, the evacuation and skimming of impacted groundwater and the construction of a passive soil vapor extraction system. As soil removal progress, it became clear that the initial estimate for 300 yards of contaminated soil would be exceeded. Extension of the written IRA Plan was granted by Mr. Kearns of MA DEP on 9/26/97 for the 695 tons of soil generated. The excavation was completed in two Zones in order to differentiate the Canal Marine property (Zone B) from the Barnstable Marine property(Zone A). Final Excavation dimensions were Zone A: 33'(L) x 30'(W)x 6'(D), Zone B: 28'(L) x 35'(W) x 8'(D) +/-. Soil removed was transported directly to Bardon Trimount in Dennis,MA, for recycling. The 7,000 gallons of contaminated groundwater generated from de-watering and skimming operations was transferred for temporary storage in a 20,000 gallon i "frac" tank for onsite treatment and disposal. During soil excavation in Zone B at the Canal Marine property, three additional fuel storage tanks were discovered along the eastern sidewall of the Canal Marine property partially under the existing buildings. This tanks appeared to be older than the others. Research established a lease of the property to Gulf Oil Company and historic photographs provided showed a marine fueling depot in the vicinity servicing the Barnstable Fleet with fishing shacks extending over the water. [correspondence from Phil Magnuson dated 10/7/97]. The southernmost 2,000 gallon UST (#3) was removed, cleaned and transported to an approved yard as scrap metal. Contaminatedsoil was excavat ed to the extent possible without out threatening the integrity of the building and the retaining wall. Another 2,000 gallon UST (#4) and the 1,000 gallon UST (#5), to the north along the eastern sidewall of Zone B were-located under a bearing wall under the existing building. This wall represents the force high water mark defining the t wetland resource area. The Barnstable Fire Department, on the advice of the Barnstable Building Inspector,would not allow these tanks to be removed and ordered the tanks cut open, cleaned, and backfilled for temporary in place abandonment. The Barnstable Fire Department does, however, require that these tanks be removed at the time of building demolition [Refer to Appendix C ]. Upon the receipt of confirmatory analytical test results, the Barnstable Marine portion of the excavation (Zone A) and the western end or the Canal Marine portion of the excavation (Zone B), were backfilled with clean sand to grade. The eastern portion of Zone B was backfilled with gravel to above the groundwater interface adjacent to the northeast corner of excavation and along the eastern sidewall. A passive soil vapor extraction manifold was subsequently installed within the graveled area of Zone B to reserve options for insitu soil venting and/or bioremediation of significant residual petroleum soil contamination underlying the abandoned UST's as verified by laboratory { analysis of the 3-8' interval of the northeast corner and eastern sidewall. i . MARCH 30, 1998 PAGE 7 OF 18 BORNSTEIN-CANAL MARINE/13097-1529 IRA COMPLETION STATEMENT-TIER CLASSIFICATION 1 The prospective buyer has preceded with insitu remediation of this area as provided by soil venting and the application of remedial additives as set forth in the IRA Status Report. This work will be accompa:ued by the environmental monitoring program with the quarterly testing of groundwater as previously outlined. Monitor wells, destroyed at Barnstable Marine Property in January as associated with the ongoing construction of the stone revetment, will be replaced at the completion of the project as allowed. The release is scheduled to be•Tier Classified and additional work will proceed as a Release Abatement. It is the expressed intent of the prospective buyer to remove the abandoned fuel tanks and excavate any significant residual contaminatiodat the time the buildings are demolished and the stone revetment repaired as a part of the site development plan. ASSESSMENT [Refer to Appendix B] it During the soil removal activities conducted between 9/24/98 and 9/26/98, BENNETT & O'REILLY, INC., provided technical support to operations including photoionization (PID) screening in accordance with the MA DEP Policy WSC-94-900. This information was used to evaluate the presence of Sig gllificant petroleum contamination and determine the extent of soil removal operations and sampling. Soil removal operations were first completed in Zone A to facilitate the loading'and transport of contaminated material from the Canal Marine property. TPH GC/FID analysis was used to evaluate individual sidewall and bottom of hole areas. The MA DEP EPH/VP approach was conducted on composited Zone A and Zone B sidewall and bottom of hole samples to evaluate Exposure Point Concentrations in each of these areas. Laboratory analytical results for soils at the extent of excavation for Zone A are summarized in the Tables 1 through Table 3. Laboratory analysis of soil samples collected at the extent of excavation in Zone A indicated that the Method 1 -Risk Characterization standards were not exceeded for the appropriate S-1/GW-2 and GW-3 for the petroleum related testing conducted. The high molecular weight polynuclear aromatic hydrocarbon compounds reported in Table 3 have been attributed to background conditions associated with use of creosote and coal tar derivatives as wood preservatives for the pilings and wooden bulk head present at the site. This conclusion is supported by historical use of the property, noted burial of treated timbers in the area of excavation and chemical analysis of chromatigrams from the laboratory analysis conducted as further discussed in the Risk Characterization section of this report. On the completion of soil removal activities and receipt of analysis from within Zone A, excavation of contaminated soils proceed in Zone B as assisted by PID screening. PID screening indicated discreet"hot spots"along the eastern sidewall and northeast corner of the excavation in the MARCH 30, 1998 BORNSTE IN-CANAL MARINE/13097-1529 PAGE 8 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION areas underlying the in place abandonment of UST's as ordered by the Barnstable Fire Department. Samples from these areas were sampled and analyzed separately as distinct exposure points. - Laboratory results for soils at the extent of excavation for Zone B is summarized on Table 4. . Table 1: Method 1 Risk Characterization Standards Total Petroleum Hydrocarbons and VPH/EPH-SOIL ZONE A Locations/ TPH/EPH(VPH S-1 Soil Standard S-2 Sof Standard = S-3 Soil Standard Exposure Points RESULTS (PP-) (pp-m) - (PPm) (mg/kg-ppm) 310 CMR 40.975(6xa) 310 CMR.40.975(6)(b)=T: 310 CIVIR 40.975(6xc) TPH GC/FID GW-2/GW-3 GW-2/GW-3"-. GW-2/GW-3 9/24/97 ASTM D3328-78 - Zone A Side%vall South:3-6' 400 (fuel oil,lubricating oil, 800 2 000 5,000 3-6 ring PAH) -- - Zone A Sidewall East:3-6' 100(lubricating oil,3-6 ring 800 2,000 5,000 PAH) ....... ....... .. Zone A Sidetvall West:3-6' BRL - 800 2,000_,�,._..__.:.... 5,000 Zone A BOH BR 800 2 000 Clean Overburden Stockpile BRL 800 5,000 9/26/97 EPH'- EPA 8100 Zone A Sidewall Comp:3-6' (MADEP modified) f Cs-C16 BRL<31 1,000' 3 500' 5,000 T C19- 31 2,500' S,000' Cu Cu 67 800' '::Z,000` 5,000' Zone A BOH Comp L 6' -- Cs-Cn BRL<36 1,000' Z,500! 5,000` Cis BRL<36 2,50015,000' r>_-.,. 5,000' Cu-Cn BRL<36 800' _'2 000` 5,000' 9/26/97 ASTM Method D3328-78 - - — - Zone A Side+vall:0-3' 110 (gasoline,lubricating 800 2 000 - 5,000 oil,3-6 ring PAH) =; ' 9/26/97 VPIP- EPA 8015 Zone A Sidavall Comp:3-6' (MADEP modified) ..x C,-C, 5.0 100` 5001.,..Q, m 500' C, Cu 4.1 1,000, ,'2;500`..m.�_:.-:___ 5,000' Cs-C. 3.6 100' _ _' _- 500' 8/8/97 VPH'- EPA 8015 - Zone A BOH Comp @b 6' (MADEP modified) C,-Cs BRL<0.49 100, 1 500':2,500` Cs-C1: BRL<0.49 1,000` Cs-Cio BRL<0.49 1001 - 500` 5,000, 500 I I_ MARCH 30,1998 BORNSTEIN-CANAL MARINE/13097-1529 PAGE 9 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION Table 2: Exposure Point Comparison-Method 1 Risk Characterization Standards Target Volatile Organic Analytes-SOIL ZONE A Locations/ Volatile Organic S-1 Soil Standards S-2.Soa Stvndards"":77 S-3 Soil Standard Exposure Points Compounds Results , (ppm) 7- (ppm) (ug/g-ppm) 310 CMR 40.975(6xa) 310CMR:40.975(6)(b)' 310 CMR 40.975(6xc) GW-2 GW-3 .GW-Z -GW-3,=m GW-2 GW-3 9/26/97 EPA Method 8015 - (MA DEP modified) Zone A Sidewall Comp:3-6' benzene <0.074 -40 40 2,500 .,2,500 100 200 ethylbenzenc 0.10 500 500 2,500 500 toluene 0.081 500 500 .;500. _=1,000:_: 500 2,500 xylene(total) 0.21 500 500 500' 500 2,500 naphthalene <0.74 100 100 =`=` 1,000=-=1-000;-`_ 1,000 1,000 MTBE <0.37 100 100 200 ' ',200:; 200 200 9/26/97 EPA Method 8015 Zone A BOH Comp 6' (MA DEP modified) benzene <0.098 40 40 .j Z,S00 Z,500 100 200 ethylbenzene <0.098 500 500 --` 1;000_ 300 '.5 2,500 500 toluene . <0.098 500 500 500' 1000 t- 500 2,500 aylene 0.10 500 500 - 500P -1;000. -, 500 2,500 naphthalene <0.98 100 100 1,000 1,000 MTBE <0.49 100 100 zza 200 200 200 200 Table 3: Exposure Point Comparison-Method 1 Risk Characterization Standards Polynuc!ear Aromatic Hydrocarbons(PAH)/Semi-Volatile Organic Compounds-SOIL ZONE A Locations/ PAH/Semi-Volatile S-1 Soil Standards S 2 Soil Standards:.; ' S-3 Soil Standard ..............._.._._..._._.... -....,_. Exposure Points Organic Compounds (ppm) ~win) 4 (ppm) Results 310 CMR 40.975(6xa) :310:CNIR40:975(6}(b)`: 310 CNiR 40.975(6)(c) (ug/g-ppm) GW-2 GW-3 GW-2;dGW 3m GW-2 GW-3 9/26/97 EPA Method 8100 - - (MA DEP modified) Zone A Sidewall Comp:3-6' naphthalene <0.52 100 100 1,000 1,000 2-methylnaphthalene <0.52 500 500 20 7:.. = 20 7 aoaqaphthyle a <0.52 100 100 25.00800P 2,500 800 acenaphthene <0.52 1,000 1,000ti=2500_' 5,000 2,000 fluorene <0.52 1,000 1,000 --2,000'-I,0oo 5,000 1,000 pheianthreie 0.64 1,000 100 500- 100 2,500 100 anthracene <0.52 1,000 1,000 `;::�;500 1000 5,000 1,000 fluoranthene 1.7 1,000 600 2006-600 -`-L' 5,000 600 pyrene 1.2 700 500 4Zat)00' _500:-':: 5,000 500 benzo(a)anthracene 0.90" 0.7 0.7 =L"" 4 4 Chrysene 1.0 7 7 - 10 10 _-- 40 40 benzo(b)fluoranthene 1.0" 0.7 0.7 1,..,^._L.. 4 4 beizo(k)fluorantheie 0.68 7 7 10 _ 10 40 40 benzo(a)pyrene 1.0" 0.7 0.7 0 7. 0 T = 0.7 0.7 ideno(1,2,3-cd)pyrene0.71" 0.7 0.7 4 4 dibeiz(a,h)anthmeene <0.52 0.7 0.7 0.8 0.8 benzo(gj4i)perylene 0.96 1,000 100 2;50Q^100 2,500 100 t .. Zone A BOH Comp 6' EPA Method 8100 (MA DEP modified) AS ABOVE 41. AS`ABOVE'--- AS ABOVE » BRL<0.59 all compounds 'NOTE:Hisblightcef compounds considered background(40.0006]and evaluated accordingly[40.0191,.0317,.1020] 4 MARCH 30,1998 BORNSTEIN-CANAL MARINE/13097-1529 PAGE 10 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION Table 4: Method 1 Risk Characterization Standards Total Petroleum Hydrocarbons-SOIL ZONE B Locations/ TPII/EPII/VPII RESULTS S-1 Soil Standard S-2 Soil Standard,::-. S-3 Soil Standard Exposure Points (mpg-ppm) I (PPm) (PPm) . (PPm) TPH GC/FID 310 CMR 40.975(6)(a) 310 CMR 40 975(6)(b) .,i. 310 CMR 40.975(6)(c), GW-2/GW-3 - GW-2/GW-3=- GW-2/GW-3 926/97 ASTM Method D3328-78 Zone B Sidewall West:3-8' 470 (gasoline keroscne, 800 2.000 5,000 lubricating oil) Zone B Sidewall East 6,700(gasoline,fuel oil, 800 2,000 5,000 (South):3-8' lubricating oil,3-6 ring LL' PAH) _ Zone B Sidewall NE Comer: 12,000(mildly weathered 800 5,000 3-8' fuel oil/diesel) Zone B Sidewall Comp:0-3' BRL<61 800 2000 5,000 Zone B BOH Q 8' BRL<75 800 2,000 5,000 Zone B Sidewall North BRL<70 800 2,000 5,000 (West):3-8' 320/98 EPA 8100(mod):EPII HBA-14IIBA-15 HBA-16 C.-C. <38 <38 170 1,000, 2,500` 5,000' C„-Cm <38 <38 48 2,500' S,000` 5,000' C11,Ca <38 <38 220 800` 2,000` - 5,000' 320/98 EPA 8015(mod):VPH HBA-14 HBA-15 HBA-16 <.25 10 2,400 100, Cv-C,= <.25 1 <15 1,000' 2'500'_..,__-_ -„ 500' C,-C„ <25 1.2 11900 100` =500' - 5,000' Laboratory analysis for samples collected 9/26/98 reported that shallow soils (S-1:0-3') throughout the excavation, west sidewall and western portion of the northern sidewall meet the S- 1/GW-2 and GW-3 standards. The eastern sidewall area underlying the abandoned UST's, that was not removed at the time of excavation based on concerns of the Conservation Commission for breach into the resource area and concerns of the Building Inspector for the structural integrity of the overlying building, reported _residual TPH concentrations exceeding the Method 1 - Risk Characterization and Upper Concentrations standards. As such, the SVE manifold was constructed MARCH 30.1998 BORNSTEIN-CANAL MARINEfBO97-1529 PAGE 11 OF IS IRA COMPLETION STATEMENT-TIER CLASSIFICATION prior to backfill of the area to facilitate volatilization and natural biodegradation of residual soil impact as an intermediary strategy to additional soil removal at the time of building demolition and proposed repair to the existing revetment as previously noted. On 3/20/98, a series of three additional-hand borings were conducted in the Zone B area at the NE corner (HBA-14) and along the eastern sidewall (HBA-15 and HBA-16) to evaluate the effectiveness of the SVE system and to re-evaluate risk associated with residual soil contamination in review of closure objectives. Composite soil samples were collected from 3-8' at each location and analyzed by the MA DEP VPH/EPH Method. Results of this testing shows a significant decrease in petroleum contamination with minor concentrations of residuals, within the Method 1 - Risk Characterization standards, at the HBA-14 and HBA-15 locations. Residual concentration of petroleum contamination at the HBA-16 location still remains above the Method 1 - Risk Characterization thresholds but is below the Upper Concentration Limits. Groundwater . Groundwater analysis has been conducted throughout this investigation in the period between 1 April 1997 and March 1998. This work has included the installation and testing of monitor wells to establish background water quality and monitor groundwater impact at locations immediately downgradient and outside the area of soil removal. Monitor well, MW-1, has been located as upgradient and representing background water quality. Monitor wells MW-2, MW-3 and MW-4 were located as downgradient of the release area and outside the area of required soil removal. In addition, groundwater samples have been collected at seeps along the shoreline of Maras pin Creek at low tide as representative of potential impact to the receiving surface waters. Monitor wells MW-3 and MW-4 at the Barnstable Marine property were destroyed during stone revetment construction activities. At the time of this report,construction activities are ongoing and no groundwater analysis for the MW-3 and MW-4 locations is provided for the 3/20/98 sampling period. Risk Characterization is based on groundwater analysis of all the monitor wells for samples collected in October 1997 subsequent to soil removal operations and downgradient water quality at MW-2 and the seep for analysis conducted in March 1998. Table 4 and Table 5 represent a summary of groundwater analysis conducted to date. Id MARCH 30, 1998 PAGE 12 OF 18 BORNSTEIN-CANAL MARINE/I3097-1529 IRA COMPLETION STATEMENT-TIER CLASSIFICATION J Table 4: Exposure Point Comparison-Method 1 Risk Characterization Standards �- EPUTargeted Volatile Organic Compounds-GROUNDWATER I Locations/ Volatile Organic Compound Results Exposure Groundwater Standards Points EPAuMdhod 8020 (u�-ppb) 4/24/97 8/8/97 10/31/97-11/3/97 3/20/98 GW-2 MR 40:0974(2) G W-3 u1 M\V-1 C5 to CS NT NT BRL(<5) NT 1,000 C9 to C12 40,000 BRL(<5) 1,000 20,000 C9 to CI0 BRL(<5) 5,000 4,000 Benzene BRL <1.0 BRL(<25) 2,000 7,000 ��- Toluene All i All Ethylbenzene Compounds ll 6,000 50,000 Xylenes(total) CoA 30,000 4,000 MTBE 6,000 50,000 50,000 50,000 r' MW-2 C5 to C8 NT NT I 80 NT 1,000 40,000 C9 to C12 BRL(<5) 1,000 20,000 C9 to CIO 37 5,000 4,000 BTEX A/A BRL <1.0 BRL(<25) A/A A/A All All — MW 3 CS to C8 Compounds Compounds NT BRL(<5) NA 1,000 40,000 c C9 to C12 BRL(<5) '1,000 .20,000 C9 to CIO BRL(<5) 5,000 •4,000 BTEX A/A BRL <1.0 BRL(<25) A/A A/A All All Compounds Compounds MW-4 C5 to C8 NT BRL(<5) NA A/A C9 to C12 BRL(<5) A/A C9toC10 BRL(<5) NOTE: BTEX A/A BRL <1.0 BRL <1.0 BRL(<23) Sodium 5100 m All All All Chloride�9,700 mg/L Compounds Compounds Compounds Cond.24,000 umhos/cm Seep at C5 to C8 BRL(<5) BRL(<10) A/A Mean Low C9 to C12 BRL(<5) BRL(<I0) A/A Water C9 to C10 BRL(<5) BRL(<I0) BTEX A/A BRL <1.0 BRL <1.0 BRL(<25) BRL <5 All All All All Compounds 11 Compounds I Compounds I Compounds NT=Not Tested,NA=Not Available,A/A=As Above r. MARCH 30,1 BORNSTEIN-CANAL MARINEIB097-1529 PAGE 13 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION Table 5: Exposure Point Comparison-Method 1 Risk Characterization Standards EPIL/Polynuclear Aromatic Hydrocarbons-GROUNDWATER Locations/ Semi-Volatile Organic Compound/PAH Results ndards Groundwater Sttaa_ Exposure Points (ug/L-ppb) (ugh PP EPA Method 8100 EPA Method 8270 310 CMR 40.0974(2) 4/24/97 8/8/97 10/31/97-11r3/97 3/20/98 GW-2 GW-3 MW-1 C9 to C18 NT NT BRL(<500) NT 1,000 20,000 C 19 to C36 BRL(<500) NA 50,000 C11 to C22 BRL(<200) 50,000 30,000 Naphthalene All BRL 6,000 .6,000 2-Methylnaphthalene All BRL <0.1 Acrnaphthylene (<1,0) ( ) 10,000 - 3,000 Aomaphthene NA' 2,000 _ Fluorine NA 2,000 Phenanthrere NA 1,000 NA 50 MW-2 C9 to C 18 NT NT BRL(<500) NT 1,000 20,000 C19 to C36 BRL(<500) NA 50,000 CI 1 to C22 BRI,(<200) 50,000 30,000 PAH Compounds All BRL All BRL A/A A/A (see below) (<1.0) (<0.1) MW-3 C9 to C 18 NT NT BRL(<500) NA 1,000 20,000 C19 to C36 BRL(<500) NA 50,000 C I 1 to C22 380 50,000 30,000 Naphthalene All BRL 0.4 6,000 6,000 2-Mdhylnaphthalete (<1.0) 0.3 10,000 3,000 Acmaphthylere 0.8 NA 2,000 Aceraphthene 0.1 NA 2,000 Fluorene 0.4 NA 1,000 Phcnan&amc 0.1 NA 50 MW-4 C9 to C18 NT NT BRL(<500) NA 1,000 20,000 C 19 to C36 BRL(<500) NA 50,000 C11 to C22 BRL(<200) 50,000 30,000 Naphthalene BRL<0.1 All BRL 6,000 6,000 2-Mdhylnaph1halene BRL<0.1 (<O.1) 10,000 3,000 . naphthylenc BRL<0.1 NA 2,000 Acenaphthere BRL<0.1 / NA 2,000 Fluorene BRL<0.1 Phcnanthrete 0 2 NA 1,000 NA 50 Seep at Mean Low C9 to C 18 NT BRL(<500) BRL(<500) 1,000. 20,000 War C 19 to C36 BRL(<500) BRL(<500) NA 50,000 C 11 to C22 420 BRL(<200) 50,000 30,000 Naphthalene BRL<0.2 BRL<0.1 BRL(<10) 6,000 6,000 2-Methylnaphthalene BRL<0,2 BRL<0.1 BRL(<5) 10,000 3,000 Acenaphthylete 0.4 0.5 NT NA 2,000 Acetaphthene 0.2 BRL<0.1 BRL(<10) NA 2,000 rluorete 0.2 BRL<0.1 NT NA 1,000 Phenanthrcue 2.8 0.9 BRL(<10) NA 50 NT=Not Tested,NA=Not Available,A/A=As Above ` f NOTE:PAH cxrnpounds with molecular weig hts greater than phenanthrene have not be listed as representative of background from coal tar derivatives associated with creosotcd timbers per Groundwater Analytical review of TPH GC/FID'fmgerprint" analysis as set forth in correspondence dated 8/25/97. MARCH 30, 1998 PAGE 14 OF 18 BORNSTEIN-CANAL MARINE/B097-1529 IRA COMPLETION STATEMENT-TIER CLASSIFICATION RISK CHARACTERIZATION Zone A - Barnstable Marine Property TPH GC/FID fingerprint analysis was conducted at the extent of excavation for Zone A on the Barnstable Marine property for each of the individual sidewalls and bottom of hole areas. These analysis reported TPH concentrations in each-area below the Method 1 - Risk Characterization standards for the appropriate S-2/GW-2 and S-2/GW-3 categories as representing a condition of "No Significant Risk". Individual sidewall and bottom of hole samples were subsequently composited for VPH/EPH analysis as consistent with provisions of the "Implementation of VPH/EPH Approach" guidance documents and revision to the MCP(Effective 10/31/97). These reported that all fractional compounds were below the analysis further substantiated below the Method 1 -Risk Characterization standards for the appropriate S-2/GW-2 and S-2/GW-3 categories as representing a condition of "No Significant Risk". Target analytes were reported for both the VPH BTE (acenaphthalene, naphthalene, 2 methynaphthalene and henanthr ( and EPH p ene Methods. All coonly associated target analytes for fuel oil and gasoline were reported below the Method 1-Risk Characterization standards for the appropriate S-2/GW-2 and S-3/GW-3 categories'. Benzo(a)pyrene was reported marginally above the appropriate S-2/GW-3 and S-2/GW-3 standards with several other high molecular weight PAH reported above the S-1/GW-2 and S-1/GW-3 standards. Review of the Zone A data showed that the target BTEX and PAH compounds commonly associated with gasoline and fuel oil were absent or at trace concentrations. Groundwater Analytical was requested to go through the chromatograms for the TPH CG/FID and PAH analysis to evaluate the source of the high molecular weight PAH contamination as compared with previous testing conducted at the site within the release area and against "fingerprint" identification standards. Groundwater Analytical reported (correspondence dated 8/25/97)that a portion of the unknown chromatographable material was clearly attributed to decayed organic material but that the"analytical evidence is more suggestive that they(high molecular weight PAH compounds) originate from coal tar or a derivative than from fuel oil". Research of literature shows that the compounds of benzo(a) anthracene, benzo(b)flouranthene, benzo(a)pyrene and Ideno(1,2,3-cd)pyrene are typically associated with the creosote treatment by coal tar derivatives as a preservative for timbers used in marine construction. This application is consistent with the historic use of both the Canal Marine and Barnstable Marine properties. Creosote timbers were removed 'MA DEP Publications"Implementation of the MADEP VPH/EPH Approach"Public '*' Comment Draft (10/31/97), Table 4-2: Recommended Target Analytes,Pages 16-17. '. II Groundwater Chemicals, John H. Montgomery, Lewis Publishers - CRC Press (1996), Pages 77-95, 579-580. MARCH 30,1998 BORNSTEIN-CANAL MARINEIB097-1529 PAGE 15 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION from the area of excavation at the time of soil removal and these high molecular weight PAH compounds are considered to represent background conditions pursuant to 310 CMR 40.0006. MA DEP VPH/EPH analysis with targeted analytes has also been used to evaluate groundwater impact in the downgradient monitor wells and the seep water along the bank of the Maraspin Creek. These analysis for the period of April 1997 through March 1998 reported that all fractional compounds for VPH and EPH method§were below the Method 1 -Risk Characterization standards for the appropriate GW-2 and GW-3 categories as representing a condition of "No Significant Risk". Target analytes for both the VPH(BTEX)and EPH(acenaphthalene, naphthalene, 2 methynaphthalene and phenanthrene) Methods were reported below the Method 1 - Risk Characterization standards for the appropriate GW-2 and GW-3 categories. As such groundwater analysis at the perimeter of the release area represents a condition of"No Significant Risk"with no evidence of substantial release migration and/or impact to the identified environmental and human receptors. As consistent with the Response Action Performance Standards (RAPS), Notification Requirements and Risk Characterization, 310 CMR 40.0191, 40.0317, 40.0902 and 40.1020, soil conditions at the extent of soil excavation in Zone A meet the Method 1 - Risk Characterization standards for the most conservative S-1/GW-2 and S-1/GW-3 categories exclusive of background conditions. Furthermore,groundwater monitoring downgradient and at the perimeter of soil removal operations meet the Method 1 -Risk Characterization standards for the appropriate GW-2 and GW-3 categories. As such, this data serves as the rationale and technical justification for the Class A-2, Response Action Outcome Statement for that portion of the Barnstable Marine property referred to as Zone A as shown on the Site Plan, IRA-1B, in Appendix A. Zone B - Canal Marine PropejU TPH GC/FID fingerprint analysis was conducted at the extent of excavation for Zone B on the Canal Marine property for each of the individual sidewalls and bottom of hole areas. These analysis reported TPH concentrations below the Method 1 -Risk Characterization standards within the bottom of hole area and along the west and north sidewall areas for the S-1/GW-2 and S-1/GW-3 soil categories. Residual contamination along the eastern sidewall underlying the UST's abandoned in place, exceeds the Method 1 -Risk Characterization standards for the appropriate S-2/GW-2 and S-2/GW-3 categories. Recent sampling and laboratory analysis of soils collected 3/20/98, indicates that contaminant concentrations have decreased since the time of soil removal in September 1997. Contaminant concentrations are presently below the Upper Concentration Limits for fractional VPH/EPH compounds but remain above the Method 1 -Risk Characterization standards for the S-3/GW-2 and S-3/GW-3 categories. As such, a permanent solution for project closure as a Class A,Response Action Outcome,without a Notice of Activity and Use Limitation, is not supported by this data. MARCH 30, 1998 BORNSTEIN-CANAL IMARINE/13097-1529 PAGE 16 OF 18 IRA COMPLETION STATEMENT-TIER CLASSIFICATION It is the expressed intent of the prospective buyer to excavate the residual contamination at the time of building demolition and repair to the stone revetment as part of the proposed re- development of the property. The owner and prospective buyer have been advised as to an alternate Class C,Response Action Outcome to meet a temporary solution and/or the application of Method 2-Risk Characterization to support a Class A-3, permanent solution with a Notice of Activity and Use Limitation in the interim. Ongoing remedial activities to further utilize the SVE manifold and/or the use of remedial additives will be represented as a Release Abatement Measure as subject to agreement between the prospective buyer and property owner. - CONCLUSIONS/RECOMMENDATIONS The Immediate Response Action completed in association with the Canal Marine, Inc., release - has included the removaVin-place abandonment of five underground storage tanks, the excavation and recycling of some 450 yards [692 tons] of contaminated soils, the onsite treatment of some 7,000 gallons of impacted groundwater and the construction of a passive SVE system. This work has been successful in the mitigation of significant environmental hazards associated with human exposure to contaminated soils and the migration of dissolved phase contamination in groundwater to sensitive environmental receptors. Labor atory'analysis of soil samples at the extent of contaminated soil removal in Zone A, on the Barnstable Marine property, report TPH, VPH, EPH and target petroleum related analytes concentrations below the applicable Method 1 - Risk Characterization standards. Furthermore; groundwater analysis for the EPH, VPH and target petroleum related analytes below the applicable _ Method 1 - Risk Characterization standards in all wells and at groundwater seeps along Maraspin Creek. This information has been used to support the Class A-2, Response Action Outcome for that portion of the Barnstable marine property designated as Zone A. Cost and feasibility has been considered in meeting background conditions in all locations within Zone A, as weighed against worker safety, property damage, disruption to the resource and - potential mobilization of contaminants to the surface waters. Based on a Method 1- Risk characterization showing a condition of "No Significant Risk" for the most sensitive soil and appropriate groundwater categories, no further remediation has been conducted or is warranted as cost effective or risk driven for the completion of the Immediate Response Action and for a partial Response Action Outcome for closure of Zone A at the Barnstable Marine property. Some diminishing concentrations of residual contamination remain along the eastern sidewall area of Zone B at the Canal Marine property. These areas will require additional environmental monitoring to evaluate risk and/or require additional remedial response actions. The area of residual impact is located below underground storage tanks within the resource area that have been cleaned and abandoned in-place due to issues of structural integrity of the overlying building and approvals MARCH 30,1998 BORNSTEIN-CANAL iVU>,RINVBO97-1529 PAGE 17 OF I8 IRA COMPLETION STATEMENT-TIER CLASSIFICATION for work within the resource area. It is the expressed interest of the prospective buyer to remove the remaining abandoned tanks at the time of site re-development when building demolition and stone revetment work will be conducted. Specific issues for alternative insitu treatment, a.Class C, RAO or application of a Notice of Activity and Use Limitation in support of meeting a temporary or permanent solution will need to be resolved between the property owner(Canal Marine, Inc. -PRP) and the prospective buyer(Stuart Bornstein)as represented within the MCP process beyond the Tier Classification deadline of April 14, 1998. The information contained within this report, and previous filings as a whole, is consistent with the performance standards as set forth in 310 CMR 40.0483 to accurately complete the Numerical Ranking and Tier Classification for the Canal Marine, Inc., property as a Tier 11 Disposal Site. As such, a separate Phase I Report is redundant and has been omitted as discretionary in accordance with the provisions of 310 CMR 40.0193. Subsequent to your review and consideration of these findings, as represented herein, you should execute and seal the Immediate Response Action Completion Statement (BWSC-105), partial Response Action Outcome Statement (BWSC-104) and Numerical Ranking/Tier Classification (BWSC-107A) Transmittals, and return the originals to this office with your LSP statement. I will provide a copy of the report and your findings to Barnstable Marine, c/o Kate Plettner for comment as consistent with communications with their Consultant, Horsley & Whitten (correspondence 1/2/98). 1 will also arrange a meeting with Stuart Bornstein and Canal marine to have the originals signed so that we can complete the filing to the MA DEP (SERO), BWSC/ERS and public notice distributions no later than April 13, 1998. If you have any questions, or need additional information, please contact me directly at your earliest convenience. t yT 0' C. G., CGWP Director of Environmental Services encl: "IMMEDIATE RESPONSE ACTION COMPLETION STATEMENT... SUPPORTING DOCUMENTATION", Canal Marine, Inc., prepared by BENNETT& O'REMLY, INC., dated March 30, 1998. Immediate Response Action Completion Statement (BWSC-105) Response Action Outcome Statement (BWSC-104) Numerical Ranking/Tier Classification(BWSC-107A) i MARCH 30. 1998 PAGE 18 OF IS IRA COMPLETIBORNON A- MARINEBO97-1529 TIER CLASSIFICATION cc: Sybil Bassctt, Owner- c% Phil Magnuson, Esquire Stuart Bornstein - BORNSTEIN COMPANIES MA DEP (SERO)BWSC/ERS, Attn- ob earns Kathleen Plettner-Barnstable Marine Barnstable Fire District -Barnstable Village, Attn. Captain Coffin Barnstable Health Department, Attn. Tom Barnstable Town Manager, Ja McKeon Barnstable Conservation Commission, Attn. Audrey Olmstead mes Tinsley E 4 Consulting• Engineering• Remediation 95 State Road Buzzards Bay,MA 02532 April 6, 1998 (508)888-3900 FAX(508)888-6689 http://www.ensr.com Mr. Robert Kearns Department of Environmental Protection ENSR Project: 0896-002 Southeast Regional Office 20 Riverside Drive Lakeville, MA 02347 RE: RTN 4-0012965 Canal Marine Inc. 153 Freezer Road Barnstable, Massachusetts Dear Mr. Kearns: ENSR has been providing Licensed Site Professional (LSP) services to Bennett& O'Reilly, Inc. on behalf of Stuart Bornstein, prospective buyer of the above-referenced property. owned by Canal Marine Inc. (CMI). p p rty. The property is Environmental Protection (DEP)(was)pro provided verbal notification of headspace97, the ereadingsDepartment s Of 100 parts per million during removal of underground storage tanks (UST) from the CMI lnrope excess Pursuant to the Massachusetts Contingency Plan (MCP) 310 CMR 40.0412(2), this exceeded the 72 hour notification criteria requiring performance of an Immediate Response Action (IRA). A summary of remedial response actions and assessment activities that have occurred since the date of DEP notification are provided in the attachments prepared bp-8ennett&O'Reilly, Inc. During removal of the USTs, petroleum impacts were identified at the abutting southerly property, Barnstable Marine Inc. (BMI). Remedial Response activities were also conducted on the BMI property, referred to as Zone A, by Bennett & O'Reilly, Inc. The CMI property is referred to as Zone B. One of the intents of this submittal is to provide technical justifications for a permanent solution achieved at the BMI property, Zone A. Therefore, pursuant to the MCP 310 CMR 40.1003(3), enclosed is a Class , -2 2 Response Action Outcome (RAO) Statement for the portion of the disposal site owned by BMI In ENSR's opinion, the attached documentation supports a level of No Significant Risk at the portion of the disposal site owned by BMI. Additional response actions are still required due to the remaining tanks on the CMI property. That area of BMI to which the Class A-2 partial RAO applies is shown on the attached site plan, IRA-1 B, in Appendix B of the Bennett&O'Reilly documentation. Based on the Method 1 Risk' Characterization as provided by Bennett & O'Reilly, Inc., soil analytical data from Zone A, or the BMI property, met S-1/GW 2 and S-1/GW-3 risk characterization standards. Groundwater quality downgradient and at the perimeter of soil removal for Zone A met GW 2 and GW-3 risk characterization standards. Thus it is ENSR's opinion that a condition of no significant risk of harm to health, public welfare and the environment has bee achieved at the BMI portion of the disposal site. n d 1 Mr. Kearns April6, 1998 Page 2 I Although the area is designated as a Sole Source Inc. that site specific information supports s atusof auNon-Potential Drinking Water So& O'Reilly, The justification for this opinion and thus inclusion as GW-2 and GW 3 groundwater cate on attached. urce Area. g es is Also enclosed is an IRA Completion Statement. All IRA activities are completed on both Properties. Further remedial response actions to be performed at CMI will be done following submittal of a Release Abatement Measure (RAM) according to the MCP 310 CMR 40.0440. N further remedial response actions are required for Zone A, the BMI roe P q o Pursuant to the MCP 310 CMR 40.0501(3), a Tier II Classification submittal Numerical Ranking Scoresheet is also enclosed. In accordance with the MCP 310 CMR 40.0 ENSR concurs that a separate Phase I Initial Site Investigation accompanied by a 40.0480 is redundant given the native of activities which have been conducted and documentation193, 9 Report pursuant to CMR provided. by Bennett & O'Reilly, Inc. In ENSR's opinion, the general provisions for a Phase I in support of Tier Classification are met by this and prior submittals relative to the disposal site. 16. In ENSR's opinion, remedial response actions and the partial RAO for BMI have been c a manner consistent with 310 CMR 40.0191, Response Action Performance Standards (RAPS). In providing these opinions and certifications, ENSR is rel io conducted in O'Reilly, Inc. Y g--up.on data supplied by Bennett & Following your review of the above, please do not hesitate to call with any questions or comments. Yours truly, E S f � . P. vetti, LSP Se for Associate JPS/kdm Cc: Bennett & O'Reilly, Inc. I IMMEDIATE RESPONSE ACTION COMPLETION.REPORT SUPPORTING DOCUMENTATION,...".} MA DEP RTN#4=12965 CANAL MARINE,INC. _. 153 Freezer Road,Barnstable,MA 02630 Project#B097-1529 MARCH 30,1998 Prepared B BENNETT&O'REILLY,INC. 1573 Main Street-P.O.Box 1667 . Brewster,MA 02631 Joseph Salvetti,LSP ENSR Prepared For: Stuart Bornstein,The Bornstein Companies 297 North Street Hyannis,MA 02601 On Behalf Of. Barnstable Marine Service,Inc. Canal Marine,Inca P.O. Box 366 c%FURMAN CANNON&ROSS Barnstable,MA. 02630 255 Main Street-Hyannis,MA. VOLUMEI , APPENDIX A: Reference Plans -Site Locus Plan(USGS Hyannis 1974) -Identification of Potential Water Supply Areas(USGS 94-4156, 1994) -Modified Regional Policy Plan Map Cape Cod Water Resources(Cape Cod Commission, 1997) -Site Plan"Immediate Response Action...-IRA-IA(rev. 10/16i97)and IRA-1B(rev.3123/98), Prepared By BENNETT&O'REILLY,INC., APPENDIX B:Field Reports Inspection Reports/Supplemental Field Logs(9/11/97.to 3/20/98) -Geologic Borehole Logs/Monitor Well Specifications -Monitor Well Sampling Logs APPENDIX C:Environmental Records/Permits -MA Wetlands Protection Act:Negative Determination of Applicability -Fire Department Permits:UST Removal/Temporary Wastewater Storage: . -Receipt for Contaminated Soil DeliveryBill of Lading. -Hazardous Waste Manifest,Impacted Groundwater/Fuel -Barnstable Water Pollution Control Approval for onsite.Treatment and Sewer Discharge. -�esponse Action Outcome Statement (Partial),Transmittal Form BWSC 104 -Immediate Response Action Outcome Statement,.Transmittal Form BWSC 105 -Tier Classification/Numerical Ranking Sheet e 11M1 n VOLUME II APPENDIX D:Laboratory Analysis -Correspondence from Groundwater Analytical:8/25/97 yti (Re PAH.analysistcoal tar derivative) -Laboratory Analysis Groundwater Analytical Samples..9/24/97 to 3/20/98 4 I D t ;1.. I...Ic1CI}i I I ..dt-IAtI Fit;)11 7;('F11'IF. [a_f' n;t?lll'rll.'i '` BROTHERS SCM>hdld Arnlhgry 01 New Englanrl.111C. IB7 IN-1hwpy p 0.Box 101 Orlcons MA 021553.0101 948:G8 2098 n.5<)af;1'O&3311 rA z 30;±;g40.1215 Ap it 16, 1998 1 stuaat Bolustein The Bornstein Colupmties 297 Notth Street Hyannis, MA 02601 Re: 1i3 Freezer Road, llnaarstathle,MA Assessors Map 101, panel 006 Dear Mr. Hunlstein: In iespoiise to your inquiry concerning,the site,description and subsurface soil conditions of the subject site, 1vc offer the following: The Subject site is a park-el of coastal Lana, comprised of approximately+1 acres of uphutd amidst a harNor, 7 acre(by record)total area, north ofFreezur Road in Barnstahlo. The site: is bounded on the west by Rendezvous Crock, on the nonh and east by Barnstable. I larbor,and on the south by the layout of Freezer Road, a public way, 111t'site is well w;Ae:rated and tiie,llificuitly landscaped throughout the upland l i portion ofthc: site. A Stone revetmenl exi is to the east Side Agalnst the tide waters of Barnstable. Harbor. A single family house exists as do two other comiricrcial/uidustrial huildiiihIS. t.i781.'el drive areas exist with open -areas of lawn. Portions of the site tic within die coastal flood plain. Utility services are available oil Site. Hie site:is:lCLC-Sihle to the'(own of Barnstahle sanitary sewer system. Sail Conditions t:hu'iug the;week of.lanuary 21, 1097, a series of soil samples were taken to obtain a gCologic makeup ot'the Site, Ilistoiically, the site has been overlaid with gravelly sand deposits through a se;rics of(Ireds;c spoil disposal exercises. 'Phis activity ended ill the 1060's PtWr to alteration by this acti�it),. the site was a --ombinatinn of glacial soil and salt marsh peat deposits, 1 Z d Wd 9z:FT 866Z 'TE'21dU :131 W021d i FROM PHONE NO. JUL. 07 1997 01:49PM P1 !. SCHOFI ELD BRO__H T ER$i . �;Ch01:aIC dlLlhCB Vf N9:�England.!n: .• A 0.FAR 1pt Odeans.MA tr266'•OtQt W8,-255-2rj%M 5W!398-33+t Fax 5w24V2!5 STTE USE DATA Rue: 153 Freezer Road,Barnstable,MA ZONING DISTKICT MB-13(Marine Business)vAth Aquifer Protcctiou(AP)Overlay ASSESSORS MA1'-301.PARCEL 006 PLAN REF.: PLAN BOOK 220.PAGE 85 SITE COVERAGE Total area: 7 aC.(record) Upland area. 178ic)50 s.f..to MHW(4.1 ae.) . E>isting Building Coverage: 28,600 s£T E dsting.Gravel Seut3ce: 8,400 s.£T!- 40 Existing'Paved'Surface: �.Sf. Total E dstiti Site C;ovCrage: 4.2,400 s.£r!-=24% Proposed total•building.area +!- Proposed total paved area 000.s.f:-i- Total Proposed Site Coverage 47,865 sl T/-=26% PARKING USE:.Actachad Dwelling Units;(DU):32 DU REQUIR.EIV ENT: 1.5 spaceiDU plus i spacelviitor/10 DU CALC:Residents: 32 DU x 1.i sp,DU.= 48 spaces Visitors: 4.8= 5 spaces 10:paces TOTAL: . . 53 spaces TOTAL SPACES PROVIDED: 55 spaces TREE CALCULATION 1 tree/20 parking spaces x 55 spaces='2.75=3 trees A sigo-3fic-ant.number,beyond 2,of specimen trees both evergreen and deciduous shall be providt;d.as part of'the landscaping effort oathe site. FLOOD PLAIN The.building site is%itlun the coastal flood plain A zone. dr 7�0 4�� &­1xAo(A)40t;k, 5`-ALJL,01 Plt�t:/6 7w; 1 TRAFFICE IMPACT ASSESSMENT RELATIVE TO THE PROPOSED FREEZER ROAD CONDOMINIUMS BARNSTABLE,MASSACHUSETTS PREPARED FOR: MR. STUART BORNSTEIN THE BORNSTEIN COMPANIES 297 NORTH STREET HYANNIS,MA 02601 PREPARED BY.• ATLANTIC DESIGN ENGINEERS;INC. P.O.BOX 1051 SANDWICH,MA 02563 February 1998 1.0 Introduction This Traffic Impact Analysis has been prepared in regard to the proposed Freezer Road Condominiums(the subject development), in Barnstable, Massachusetts. The subject development will contain thirty-two(32)residential condominiums for elderly/ retired people on seven(7) acres of land located at the north end of Freezer Road, in Barnstable (Refer to Figure 1 and 2). The site drive will be located immediately off the terminus of Freezer Road, generally aligning with the roadway itself. The site drive will be located approximately one thousand six hundred feet(1,600')north of the intersection of Freezer Road with Mill Way. The study area for this analysis includes the following subject intersections: • Freezer Road and the Proposed Site Drive • Mill Way and Freezer Road • Route 6A and Mill Way/Hyannis Road The analysis considers 1). Existing traffic conditions; 2). Traffic conditions resulting from other proposed/approved projects in the.area and natural growth in the region as a whole that would occur if construction of the proposed project does not go forward(No-Build conditions)and; 3). Traffic conditions resulting from construction of the development combined with the No-Build conditions(Build conditions). 2.0 Existing Conditions As mentioned above, the traffic analysis considers existing conditions within the study area. The analysis is based on the geometry of the roadways and intersections within the study area, in addition to traffic volumes.. 2.1 Roadway Geometry and Characteristics Freezer Road is a dead-end,low volume,residential(8 houses)roadway,which begins at its T-intersection at Mill Way,then curves to align generally north/south and extends approximately one thousand six hundred feet(1,600)in length. It has a pavement width of approximately nineteen feet(19')and unpaved graded shoulders at least two feet (2)wide on both roadsides. The roadway has no pavement striping, nor closed drainage. The roadway grade is generally flat,and the existing pavement is in satisfactory condition, No areas of drainage ponding on the roadway were observed. There is no posted speed limit,but the observed average speed on�he roadway is approximately 20 MPH. Approximately six hundred feet(600'),south of the proposed site is an unnamed access road connecting Freezer Road eastward to Mill Way. The access road abuts the Traffic Impact Assessment Page 1 Atlantic Design Engineers,Inc. ticinliC DESIGN ENGINEERS, INC. P.O. Box 1051. Sandwich, MA 02563 (508) 888 — 9282 LOCATION MAP }�— Tidal Flel -�--•-tip ! r 1 :_.d' • \.I � 0 - •,i:'.; _`y,,.•,* iCti•`:'.::�::::::�':::���i;+:ieliii . e �� !•.`\ - •y0 �.f_. •,,SJ - '•\}�...,r:;;Y:. :::i:':ii ':}-i ' \\1 ::]}}'•.::tip R:I '!:�::.'�t:�:'::. N. E C / . 0 1`^3. ;9 'a Q: . ; ( -::+,ti:`:'cif:::::::::::`;:;.;:;i•:: I� 1 %f.• r'. 1 •I The - .. I. r• 1 �". +Erp ODror iedary :(,o'..! \ Ii� t�_ �> I�� I f 1: v - „l\ 1 w 1 .�.��.�°': >.�� _._- _ 7i 1 � 1 �,J a ♦ '"�-:".:.FS•?:fir?+ C• s V� 1 •o �. C� n 1 QM to e•� •1 .a , _ C1t l '"Great chs :; ::.::.. :. �:.g:;,• :e: Green:. _.,:..:::::.,:..- .....,::::.::.. end i'S`:::..;:::•.:.:•.......:::.::::::s,;;:: mown Island::;r::;; !;!;::::::.;:;P ;si;.;r:::.. plight--a_ BEt:? 27 :<!... :se ... a _ t Phlills !:Tid .... s a:1 Flat:° 6 I la nd _ •:i• , i _I A- I 6 %% �D .r A _ E R .—L N: - B S•T A <a:; i s R OP P _ (,Ajght ? - S I TE * * ,ice• 'i .. {: ,.. ..... . �''`'i':i";i:i: ' •:.>:.::i-::+�#Y:;r?Si'ir'e•+... .`�.:::.....:•::;:.:.=:i`.•:i ii:r,•::".':7:?!:°:iii::�.�e.`•'i:�.ri.�:::5 `.. F,:•::::::+• �_:�;::::- `�.... I�/ .•° • •�::. ie.!lii;::i�EiiE:.. • «•'•:yI••. .:Li}•`"1`v�:+•-.-✓"K4'`l;�y:..v . , `ti d u° .• obbs _, • u L..- `` - - 'villa 13 o. i' O 5 M. e1r'°I� .°'�\ 9 Se e•� ■.el'- araa � • 11 O :1�ILOMI-bt�(♦'.��'"°HII •`� ,I' °'� .h °' 'F _ '�. ��i \- •• `.�'.'�•1 �•" �Q, �. lee ° •" 1 ; r,. •"°. •0� �• ,•� •a Lal _ A °• '°••°r(�:� _�. t •'�:..�!� e'er; �, • .• .•e • i,• s 71 IS �. o \� v rn�t.•� W�4•� •�''• � IOU �t,• m, U.S.G.S. QUADRANGLE HyANN I$, MA FIELD - CHECKED SCALE 1 : 25,000 FIGURE I AHa DESIGN ENGINEERS, INC. P.O. Box 1051, Sondwich, MA 02563 (508) 888 — 9282 SITE MAP 1 (,�NNM+c-r� AccEss Road NoPoSED S IT MILL WAY 4 FREE eE2 RD =NTERSEC T/oN �A MILL WAVI H YANN IS R O. SN���sE�TiaN IAYANNIS RD FIGURE 2 waterfront and provides access to benches and restrooms for public use. This roadway also provides access to a boatyard and marina development,which extends to the north and abuts the proposed site on the east side of Freezer Road. On the west side of Freezer Road, abutting the proposed site there is a single family residence. Mill Way is a curvilinear local roadway providing access from Rte 6A northward to residential/seasonal housing and beach,boating, recreational areas along Barnstable Harbor. The roadway consists of approximately twenty four feet(24') of pavement with a double yellow centerline and two foot(T)offset edge stripes. Between Freezer Road and Route 6A,there is curbing and sidewalk on the west side of Mill Way. Freezer Road intersects Mill Way from the west, approximately one thousand feet (1,000')north of the intersection with Rte 6A. There is a crosswalk at the Freezer Road intersection at which point the sidewalk switches to the east side of Mill Way. The roadway is primarily residential in nature,except for a cemetery near its southern end at Route 6A, and boating, commercial uses near its north end at the harbor. State Highway, Route 6A, in the vicinity of the study area, is classified by the Cape Cod Commission in the Regional Policy Plan,November 1996, as a Rural Major Collector and Urban Minor Arterial,with the roadway being the major route along the north side of Cape Cod, connecting 11 towns. Near its intersection with Mill Way/Hyannis Road, the roadway consists of approximately 26-27 feet of pavement with closed drainage. On the west leg of the intersection with Mill Way/Hyannis Road, heading toward Barnstable Village downtown district,Route 6A has curbing and sidewalks on both roadsides and dense residential development abutting the sidewalk. The average speed of vehicles approaching the intersection from Barnstable Village was observed to be 20 MPH-25 MPH. On the east leg of the intersection,there is curbing and sidewalk on the southside only. Route 6A becomes a state highway east of the intersection, and roadside development, including a church, museum and residences, becomes less dense . Approaching at the intersection on the east leg,there is a grade of approximately-5% and vehicles approaching the intersection were observed traveling approximately 35 MPH. Hyannis Road is also classified as a Rural Major Collector and Urban Minor Arterial. It provides access across the Cape from Barnstable to Hyannis,via its connection to Phinney's Lane(another collector roadway). Near the intersection of Rte. 6A, the roadway consists of approximately twenty six feet(26')of pavement with curbing and sidewalks on the west,side. Residences directly abut the roadway at the intersection and the average travel speed approaching the intersection was observed to be 30 MPH- 35 MPH. Traffic Impact Assessinent Page 2 Atlantic Design Engineers,Inc. 2.2 Intersection Geometry The three (3) study area intersections (subject intersections) are described below. Sketches of the existing conditions are included in the Appendix. 2.2.1 Freezer Road and Proposed Site Drive The subject development is located at the terminus of Freezer Road. The site drive intersection.with Freezer Road shall consist of an eighteen foot (18')driveway with one lane into the development and one lane out, aligned with the nineteen foot(19')wide.roadway. Due to this configuration all traffic movements at the site driveway intersection will be through movements to and from Freezer Road, and the only traffic at the intersection will be that associated with the development. 2.2.2 Mill Way and Freezer Road The intersection of Mill Way and Freezer Road is a T-type unsignalized intersection, with Mill Way being the major north/south road. A stop sign is located on the minor roadway,Freezer Road,which intersects from the west. The Freezer Road eastbound approach to the intersection widens to twenty-two feet(22')wide and although unstriped,provides two eleven foot (I F)eastbound lanes. There is a 12 inch wide stop bar across Freezer Road at the stop sign,and there is a diagonal cross walk across Mill Way which extends from the southwest corner of the intersection to the northeast corner. The Mill Way approaches to the intersection each consist of ten foot (10')travel lanes. 2.2.3 Route 6A and Mill Way/Hyannis Road Route 6A and Mill Way/Hyannis Road form a 4-leg signalized intersection, with Rte 6A forming the east/west legs,Mill Way being the north leg and Hyannis Road being the south leg. The Route 6A west approach is a ten foot(10')wide lane,which accommodates left and right turns and through traffic. The Route 6A east approach consists of an eleven foot(11')wide lane which accommodates all traffic movements. The Mill Way approach to the intersection widens to a twenty-two foot(22')wide travel lane providing room for a left turn lane at the intersection and a right turo/through shared lane. The Hyannis Road approach is a ten foot(10') wide travel lane that shares all traffic movements. There are sidewalks on both sides of Rte. 6A on the west leg and on the south side of the Route 6A east leg. Mill Way and Hyannis Road have a sidewalk on the west road side only. On all four legs, the shoulders are striped at 18"to 24". Traffic ImpactAssessment Page 3 Atlantic Design Engineers,Inc. There is a horizontal curve on Millway approximately 320 feet north of the intersection which imports sight distance approaching the intersection. The existing traffic signal at the intersection consists of a 70 sec cycle length,with a thirty-five(35)second green phase for Rte 6A and twenty- five(25) seconds for Mill Way/Hyannis Road. . 2.3 Traffic Volumes The existing volumes of traffic on Route 6A and Mill Way were determined by automatic and manual traffic counts. The automatic counts were obtained over twenty-four(24)hour periods from Wednesday February 4th through Friday February 6, 1998 and Saturday February 7, 1999, on both the east and west legs of Route 6A and on Mill Way. Manual counts were performed at the intersection of Rte. 6A and Mill Way/Hyannis Road and Mill Way and Freezer Road on Friday, February 6, 1998 from 7AM-9AM morning(AM)peak and 4PM-6 PM evening (PM)peak traffic hours. The data generated by the counts taken in February must be adjusted to attain the Annual Average Daily Traffic(AADT). Based on the seasonal nature of traffic in the study area,traffic is expected to increase during the summer months as a result of recreational and tourist traffic. It is also possible to adjust the data to represent a summer time(July)ADT. Information on Seasonal Adjustment Factors was obtained by the Cape Cod Commission,based on year round traffic counts taken on the Cape by the Massachusetts Highway Department. Per the adjustment factors,the following conclusions are derived: February traffic is 24%below the annual average traffic and July traffic is anticipated to be 37%higher than the annual average traffic. Calculations on the application of the adjustment factors are included in the Appendix. Utilizing the adjustment factors,the data from the 24 hour traffic counts results in the following: Table 1 Average Daily Traffic Volumes(Vehicles) l eelc. Weed ": aturd ><> .~ aturda . y .:::.::.:.:...:.:::::..:. .::::.:::.::::::::.:::::::. :.::::.:::::.::.:::.::.:::::::::Y..:::.::...:::: .......... ..::.::::::::.::::::: .:::::::::::.::.:::::::.:::::::.::.:: .:.:.... >: ::':;::::':: ::At >>`<.....Jul. ...... .. ................... .. .. .................. ..... ......................... ....... ............................... ..... ......... ........ .......................... Rte 6A West Leg 9$ 04 12,745 7,869 10,780 Rte 6A East Leg 6,939 9,506 6,855 9,391 Mill Way 1,542 2,112 1,445 1,979 Traffic ImpactAssessment Page 4 Atlantic Design Engineers,Inc. Freezer Road ADT can be approximated utilizing information from the Institute of Transportation Engineers-Trip Generation 5th Edition. For residential developments,ten(10)trips per house per day is estimated. Therefore,the ADT is approximately 80 vehicles per day. Since summer traffic creates the critical high volumes for the roadways,this study will present summer "worst case" scenario analyses. All of the data from the manual turning movement counts at the intersections has been adjusted to represent July summer traffic. (E.g. "1998 Existing" is 1998 Summer Volumes). Since the analyses will illustrate worst case conditions, it can be assumed that other times during the year, the traffic operations will be less severe. The summer adjusted volumes are presented in Tables II and III, and Figures 3 and 4. Table H Mill Way and Freezer Road (Existing) D rpi t nn of Trai is a Maur:........:::::.:..... ' I P u ......::..::..::..:.:::.:: ten. ante:recto .... .:.::::...... ..::.:::..:. ::::::...::.: .:..:..::::.::.::::.:::.::::::::.::..::.:.:::.:::.:: :::::...:.: Mill Way Northbound 93 92 Mill Way Southbound 104 90 Freezer Road Eastbound 16 7 Table III Rte. 6A and Mill Way/Hyannis Road (Existing) Der i'n. fir : ..... Enterin` Intersects n Route 6A Eastbound 393 758 Route 6A Westbound 467 380 Mill Way Southbound 104 116 Hyannis Road Northbound 422 405 2.4 Accident History In preparation of this Traffic Impact Analysis report,the Town of Barnstable Police and the Massachusetts Highway Department,which collects State Police records,were contacted for records of traffic accidents within the study area for the most recent three(3)years available. Traffic Impact Assessment Page 5 Atlantic Design Engineers,Inc. AtlantiC DESIGN ENGINEERS, INC. P.O. Box 1051, Sondwieh, MA 02563 (508) 888 — 9282 PROPOSED SITE 2 102 �N �O 2 4 9 84 } 13 a 52 38 14 3 356 J J 98 ROUTE 6A 49 179 0 290 34 98 181 z Z Z Q } 2 1998 EXISTING TRAFFIC VOLUMES - AM PEAK HR FIGURE 3 ADAllantic DESIGN ENGINEERS, INC. P.O. Box 1051, Sandwich, MA 02563 (508) 888 — 9282 PROPOSED SITE 1 2 88 F� 2 5 2 90 16 a 56 47 13 ..— 260 J _J 104 ROUTE 6A 36 387 0 199 48 158 335 z z z Q 1998 EXISTING TRAFFIC VOLUMES - PM PEAK HR FIGURE 4 Barnstable Police records indicated no accidents on Freezer Road,nor at the intersection of Freezer Road and Mill Way for 1995, 1996 and 1997. Ten(10) accidents in those three years occurred at the intersection of Route 6A and Mill Way/Hyannis Road,two(2)in 1995, three(3)in 1996, and five(5)in 1997. The accident data was reviewed to determine if any patterns indicating problems with the intersection were contributing to accidents. Five(5)of the accidents involved low speed collisions between a car traveling straight at the intersection and a car turning left from the opposite direction. This type of accident is generally a result of driver misjudgment regarding right of way procedure. Throe(3)of the accidents involved vehicles traveling westbound on Route 6A,who either rear ended a vehicle stopped at the intersection or ran the red light on the Route 6A approach. The downgrade on this leg could possibly contribute to vehicle speed approaching the intersection, but the "Signal Ahead" sign provides warning to alert vehicles to slow down, and the accident history indicates that the majority of the traveling public does not have a problem approaching the intersection on this leg. The State Police records obtained from the Massachusetts Highway Department indicated one(1)accident within the study area occurred in the period 1994, 1995 and 1996. The accident involved a bicyclist at the intersection of Route 6A and Mill Way/Hyannis Road. Based upon the accident reports provided,it does not appear that any of these accidents were the result of substandard intersection/road design or high traffic volumes. The accident reports indicated that operator negligence was a significant factor in each of the accidents. Therefore, it is our opinion that the additional . traffic generated by the proposed project will not result in traffic conditions which are more unsafe than the existing conditions. 2.5 Sight Distance 2.5.I Mill Way and Freezer Road Freezer Road intersects Mill Way on a tangent section of roadway between two(2)curves on Mill Way, resulting in sight distances of approximately 350 feet on the north leg of Mill Way and 200 feet on the south leg. Per AASHTO-A Policy on Geometric Design of Highw—al and Streets, 1994 (AASHTO), the minimum required stopping sight distance on Mill Way is 146 feet. 2.5.2 Route 6A and Mill Way/Hyannis Road Mill Way and Hyannis Road are slightly offset at the intersection, creating a slight jog for traffic movements and restricted approaching sight distance. Traffic Impact Assessment Page 6 Atlantic Design Engineers,Inc. Sight distance is further restricted by abutting residential development -a house on the southwest corner and dense shrubs on the northwest corner which are close to the right-of-way line. Sight distance is significantly restricted on the northeast corner of the intersection, due to a steep fill slope(approximately 15'-20'high)immediately at the edge of Route 6A and Mill Way. There are stairs ascending the knoll from the corner of the intersection which leads to a thrift store in a historic schoolhouse, a cemetery and a church. Due to the slope restricting sight distance, the Mill Way southbound approach at the intersection is signed "No Right Turn on Red". The signals at the intersection are pole mounted on the intersection corners, not overhanging.. Due to the abutting features and intersection geometry, on all approaches of the intersection, a driver can only see one traffic signal head until within approximately 50 feet of the intersection. There are signs for "Signal Ahead" on the Hyannis Road and Ate 6A westbound approaches. Sight distances at the intersection are as follows: Rte 6A west leg - Approximately 400 feet Rte 6A east leg - Approximately 480 feet Mill Way north leg - Approximately 315 feet Hyannis Road south leg - Approximately 400 feet Per AASHTO,the minimum required stopping sight distance on Hyannis Road is 146 feet. Since the "urban" nature of Barnstable Village creates approach speeds of less than 40 MPH, the minimum required stopping sight distance on the Rte 6A west leg is 146 feet. Approach speeds on the Rte 6A east leg are approximately 35 MPH and based on the roadway design east of the intersection, speeds of 40 MPH to 45 MPH were observed prior to the vertical curve on the intersection approach. Based on these conditions,the minimum required stopping sight distance on the Rte 6A east leg is 200 feet. 3.0 No-Build Conditions The proposed project is anticipated to be built within two(2)years and, as a result, the design year for the No-Build and Build analysis will be 2000. The No-Build analysis takes into account background growth in the area that would impact the study area roadways and intersections. These impacts would occur regardless of whether the project is built. Based on information provided by the Barnstable Planning Department,there are no proposed developments in the area which would affect traffic at the subject intersections. They indicated that a growth rate of 2%is to be assumed for the study area. The traffic volumes for this analysis were obtained by expanding the volumes to represent July traffic, then applying the 2%growth factor. The traffic Traffic Impact Assessment Page 7 Atlantic Design Engineers,Inc. volumes for the No-Build condition are presented in Tables IV and V and Figures 5 and 6. Table IV Mill Way and Freezer Road (No-Build) Direction of Tral 'ic Feak 1our > h p'eak Hour Entenn Intersctmn :. Mill Wa Northbound 97 96 Mill Way Southbound 108 94 Freezer Road Eastbound 6 17 Table V Route 6A and Mill Way/Hyannis Road (No-Build) . DUection of'I'raffic AM PeAl..dour PM nt tan Peak`H. Route 6A Eastbound 409 788 Route 6A Westbound 486 395 Mill Way Southbound 108 1121 Hyannis Road Northbound 1439 1421 4.0 Build Conditions Build Conditions consist of the background traffic from the No-Build Conditions plus the traffic generated by the project. 4.1 Trip Generation The traffic generated by the proposed development was determined using the Institute of Transportation Engineers(ITE)Report on Trip Generation(5th Edition). The manual provides trip generation models for a variety of land uses including elderly/retired housing. The models were developed from studies conducted at similar projects located.in the country. The number of trips generated by the proposed project was determined using ITE's model for Retirement Community(Land Use Code 250). Calculations were prepared for average trips for the morning AM peak hour of the adjacent street and for the average trips for the evening PM peak hour of the adjacent street. The ITE model did not calculate an average weekday trip generation, so,using the ITE Land Use Code 252 for Congregate Care Facility(a multi-unit elderly housing building), an approximate weekday trip generation was calculated. The trip generation results are given in Table VI. Traffic Impact Assessment Page 8 Atlantic Design Engineers,Inc. AHanti c DESIGN ENGINEERS, INC. P.O. Box 1051, Sandwich, MA 02563 (508) 888 — 9282 PROPOSED SITE 2 106 F� q0 2 4 9 84 L� } 14 Q 54 40 15 3 �-- 370 L [J J g 102 ROUTE 6A ' 49 179ao 302 35 102 181 ly z z a r 2000 - NO BUILD TRAFFIC VOLUMES - AM PEAK HR FIGURE 5 Table V1 Proposed Development Traffic Vehicles Enterin Vehicles Exttan' Total _. Average Day Traffic 35 35 70 Weekday AM Peak Hour 3 3 6 Weekday PM Peak Hour 1 5 19 The Freezer Road ADT will increase from 80 vehicles per day to 150 vehicles per day. 4.2 Trip Distribution In order to analyze the subject intersections,it is necessary to determine the origin or destination of the trips generated by the development. This is accomplished by studying the existing distribution of traffic based on traffic patterns and road/access configuration. Based on present traffic patterns at the existing intersection in the study area,it is expected that one hundred percent(100%)of the traffic generated by the development will utilize Mill Way south of Freezer Road. Then, 500/6 will utilize Route 6A west of Mill Way, 120/6 will utilize Route 6A east of the intersection and 38%will utilize Hyannis Road. The Trip Distribution percentages are presented in Figure 7. 4.3 Traffic Volumes Using the trip distribution network,the site generated traffic was applied to the No-Build Conditions to achieve the 2000 Build Traffic volumes. The Build Condition volumes are presented in Tables VII and VIII and Figures 8 and.9. Table VU Mill Way and Freezer Road (Build) .:.'...:....: >.< .. ii .i!• +F7,M P .r...... :...::..: ...:......::: .::.................... :d,u:_.: ::::::::::::.........:......:......:...........:... . +- _Ente ;:::::::::.::... Mill Wa northbound 99 94 Mill Way southbound 108 101 Freezer Road eastbound 19 11 Traffic Impact Assessment Page 9 Atlantic Design Engineers,Inc. LO A HantiC DESIGN ENGINEERS, INC, P.O. Box 1051. Sandwich, MA 02563 (508) 868 — 9282 PROPOSED SITE 2 92 F� �O q0 2 5 2 84 1--- 17 a 58 49 14 3 270 J J_ 108 [-ROUTE 6A 37 402 0 207 50 164 348 z z z a 2000 NO-BUILD TRAFFIC VOLUMES - PM PEAK HR FIGURE 6 Atlantic DESIGN ENGINEERS, INC. P.O. Box 1051. Sandwich, MA 02583 (508) 888 — 9282 I PROPOSED SITE EX. = % OF TRAFFIC EXITING DEVELOPMENT EN. = % OF TRAFFIC ENTERING DEVELOPMENT EX 100% EN 100% EX. EX. EX. a 50% 38% 12% J 12% EN. J_ ROUTE 6A EN. 50% 0 Q EN. 38% 0 z z a TRIP DISTRIBUTION FIGURE 7 AD A tiantiC DESIGN ENGINEERS, INC. P.O. Box 1051, Sandwich, MA 02563 (508) 888 — 9282 PROPOSED SITE 2 106 FF� FOP �O 90 2 7 12 87 r 15 a 56 41 16 370 J _J 102 ROUTE 6A 51 179 ---i a 0 302 36 102 181 �Y- z z z a r 2000 BUILD TRAFFIC VOLUMES - AM PEAK HR FIGURE 8 AIlan I i c DESIGN ENGINEERS, INC. wow P.O. Box 1051, Sandwich, MA 02563 (508) 888 — 9282 PROPOSED SITE 2 92 FF� �O q0 2 9 7 94 18 Q 60 50 15 3 270 J _J 108 ROUTE 6A 40 402 < 207 51 164 o . 348 W z z z a _ I 2000 BUILD TRAFFIC VOLUMES - PM PEAK HR FIGURE 9 Table VIII Route 6A and Mill Way/Hyannis Road (Build) Direction o Traffic Peak Htur '' `` 1' peak Hour ...... .... ... ::::Ent. rttt ;Inter dCt� h:�,���.�:�-�;;s . o .-- Rte 6A eastbound 411 790 Rte 6A westbound 487 396 Mill Way nouhbound 113 125 H annis Rd. northbound 1440 1422 5.0 Intersection Level of Service The traffic volumes on the roadway network were investigated to determine the operating conditions of the unsignalized intersection of Mill Way and Freezer Road and the signalized intersection of Route 6A and Mill Way/Hyannis Road. Since the proposed site drive is located at the terminus of Freezer Road, it does not create an intersection requiring analysis. The only traffic that will travel on Freezer Road to the site will be that generated by the development. Since there will no conflicting traffic movements, neither the site drive traffic nor Freezer Road traffic will experience any delays. The Level of Service(LOS)of an intersection is used to describe the operating condition of the intersection and is a function of vehicle delay at the intersection. It is based upon roadway configuration, traffic volumes and types of intersection control. Table IX below summarizes the varying levels of service for unsignalized and signalized intersections. Table IX Level-of-Service Criteria for Intersections r.:.::........:: :.;''.:��ii�:!:':!__�.:r..:,�....:i.�._.,• .;.i.:i..�:. .v._,.r..._. 1 � '�1�;.+a1�:i f► ...i. t i I a � �.... �a].,,. _ •r:� ti..�.�__�'•a�,Tr.. ,. T_hCset ..:••F•,-.�_:uh,. ..-5-: .�-i ?rii:?....:.r-. __ •_ei''il::__ _ _Munk _ tr�.'fr _..; IT�i}..r i.:l:....: l.t3 a�?Ja ._ �!�,�}7.r,`{t A <5 <5 J T B >5and510 >5and< 15 C >10 and<20 > 15 and<25 D >20 and<30 >25 and<40 E >30 and<45 >40 and<60 F >45 >60 The LOS calculations were prepared utilizing the method described in the 1994 Highway Capacity Manual, Special Report 209, Transportation Research Board as contained with the HCS computer program developed by the Transportation Research Center. The subject intersections were analyzed for 1998 Existing,2000 No-Build and 2000 Build conditions for AM and PM Traffic Impact Assessment Page 10 Atlantic Design Engineers,Inc. July peak hours. A summary of the results of the LOS calculations for the analyses of the study intersections are provided in Tables X and M. Mill Wav and Freezer Road The unsignalized intersection of Mill Way and Freezer Road operates at LOS A for existing,No-Build and Build Conditions for both the AM and PM Peak Hour, indicating free flow. The proposed development will have no perceptible affect on the operation of this intersection. Route 6A and Mill Wav/Hvannis Road For the AM peak hour,under existing traffic signal timing(east/west green phase=35 sec and north/south green phase=25 sec),the intersection of Route 6A and Mill Way/Hyannis Road operates at an overall LOS D(delay of 35.4 sec.)under existing 1998 summer traffic conditions. Mill Way operates with 10.7 second delay-LOS B and the Rte 6A approaches operate adequately at LOS B (12.5 sec. delay)and LOS C (17.4 sec. delay). The Hyannis Road northbound approach;however,experiences long delays(82.6 sec.)due to a relatively large volume of traffic and inadequate green time to handle the volume. The situation worsens under the No-Build Conditions resulting in LOS F for the Hyannis Road approach,which the computer analysis defaults the total intersection operation to LOS F,indicating long delays. Regardless, the Mill Way approach continues to operate at LOS B (10.7 sec. delay)and the Route 6A approaches operate at LOS B ((14.2 sec. delay) and LOS C(22.2 sec. delay). Under Build Conditions,the LOS for the approaches and intersection remain the same as No-Build,with increases in delay of less than one second for Mill Way and Route 6A. This delay increase is negligible with respect to the intersection operation. The Hyannis Road traffic delays are an existing condition which worsens under future traffic,regardless of the proposed project Therefore,the projects traffic will have no discernible impact on the operation of the intersection under the future traffic conditions. For the PM Peak How, under existing traffic signal timing, and existing 1998 summer traffic conditions,both Route 6A approaches operate at LOS F (delays greater than 60 seconds)and the computer defaults the intersection operation to LOS F. The delay conditions on the Route 6A approaches are due to the significant traffic volumes during the PM commute,which coincides with tourist traffic returning after daily recreational activities. The traffic delays are indicative of vehicles having to wait through one or more changes of the signal before proceeding through the intersection. During peak summer season, due to the recreational nature of the area,this condition is fairly common on the Cape and is not considered unusual. Hyannis Road experiences long delays of 55.2 seconds-LOS E; however,Mill Way operates with 10.8 second delay-LOS B. As expected,the intersection Traffic Impact Assessment Page 11 Atlantic Design Engineers,Inc. Table X Level of Service Mill Way and Freezer Road re�fiun_o€Traffic — AIeaIour Pik Peaty Abu r - iteIITi 1998 2000 2000 1998 2000 2000 Existing No-Build Build Existing No-Build Build Millway northbound A A A A A A Millway southbound A A I A A A A Freezer Road A A A A A A Table IU Level of Service Route 6A and Mill Way/Freezer Road -'::.._....,.. .:_... !i ._��....fi.. .,..��._—.-r.—,�+4.. - �.w:'F._•!'F�t„ .•i:q:,.�h�::=.:_. _-*':i�i#`.::i�:!_._:.a_:ii'�Ct'��x;;.ncr'r ,.�EI? "IOIIE:: .�-�'Et�'r•�€�1b�'�"Y? —'-��?a-�a•. ': s�,v.„{�Hi+-�—^�'-��� , � --� „ri;�:_r-!r— ;r,�r:�<` ..,.: H,.. ..i,.....,-.4-. r..•, 1•,.. ...... t v-�i...+.:..... ......:,,--...:�,rFF,i. a-1,.��?.F,i?. i:i ,�r:J,:ii'. -!�.iT'��}:...�.r{,.r....,,.,n..H.VT-."`''. �1_!!._.:.:.u._su:!s:.:.'.:{y._.,y!5.:�:-:i�4,—t4:.;._M 1z:�.,�Yti�!?�:•:.-.'..=Th-. �.t.i r�,q;_:.__,,:.....r,i,.�;; .:d.,,,.,.}.....;,...; ....4.,.r'N :�:.�,.;.i.:.CTrEr.�;.Tlx:�,:_.y._.�_�,�.,:,,,�..e:,_,_�;.,����._.,__—�.;____; _- ,—_a .:...:....:.:��!.ri{...:.:.:��.y.......;.;.n: ...!.e:�F.... -:—V-t�-- r-�:,�:.,T`+-..v.—n•:,+._u_.., .. �.s�_..:._i-'�.T.L..:_ ..li,+ q n.r. �4 ..�.�,v�:. !;_.�.. ..-i�,•'-'' :__ „_i-:,--...—r --F..!.:.�,�'C -:!1;�.'^ 4-.p.: ... ... _r•-+:-„�.::.'_:—..-:::'::=iy!--_�,'i.•�,_--a_,.,._!_,:::�F:_'Ti�'_,yo r..,.,., .la�ri�!� •,-,�.y.._ _ .�.r._.:��:._� r=!-:,!i.;_ _ .'�.�'i: ,. -_ � ;__....._. ��r :.:}.i .F,��.:i.:•�1....�•I,"i.1? "�: �fr.�!:n-,. 1998 2000 2000 1998 2000 2000 Existing No-Build Build Existing No-Build Build Route 6A eastbound B B B Route 6A westbound C C C Milt Way southbound B B B B B B Hyannis Road northbound F * * E F F Intersection LOS D *=Assume LOS F-(Delay equation is not calculable due to high volume) operation worsens under No-Build Conditions. The Route 6A approaches continue to be over capacity and Hyannis Road falls to LOS F. Mill Way remains at LOS B. Only minor increases in delay are experienced from the addition of the project generated traffic,and the LOS for all approaches and the overall intersection remains the same under Build Conditions as No-Build Conditions. Since the traffic volumes on Rte 6A and Hyannis Road are the factors which are responsible for the traffic delays at the intersection,these problems would exist regardless if the development is built. The development traffic itself will have no perceptible impact on the operation of the intersection. 6.0 Sight Distance 6.1 Freezer Road and Proposed Site Drive Since the proposed driveway into the site is located off the terminus of Freezer Road, it does not create an intersection where sight distance is an operating factor. Vehicles traveling into and out of the site will be solely through traffic and no conflicting tr&Affc movements will be experienced. 6.2 Mill Way and Freezer Road The sight distances on the Mill Way approaches of the intersection of Mill Way and Freezer Road are greater than the AASHTO minimum required stopping sight distance, and will remain unchanged after construction of the proposed development. 6.3 Route 6A and Mill Way/Hyannis Road The sight distances on all the approaches of the intersection are greater than the AASHTO minimum required stopping sight distances and the intersection approaches will remain unchanged after construction of the proposed development. 7.0 Summary and Conclusions A Traffic Impact Assessment for the Freezer Road Condominiums, a proposed thirty- two(32)unit elderly/retired person condominium development off Freezer Road in Barnstable, has been conducted to determine traffic impacts on the adjacent roadways, including intersections of N ill Way and Freezer Road,and the intersection of Route 6A and Mill Way/Hyannis Road. Traffic ImpactAssessment Page 12 Atlantic Design Engineers,Inc. e , Pr000sed Site Traffic The total estimated site generated traffic is seventy(70)vehicles per day, six(6) vehicles per hour during the morning AM hour and nine(9)vehicles during the evening PM hour. Intersection Analysis The expected traffic to be generated by the proposed development was distributed onto the study area road network and post development(2000 Build)traffic volumes were determined. The intersections were then analyzed under existing,No Build and proposed(Build).conditions for Level of Service(LOS). The results of the analyses, are summarized below: The intersection of Mill Way and Freezer Road operates under free flow conditions at LOS A for both AM and PM peak hours during existing summer traffic conditions. The intersection will continue to operate at LOS A under future No- Build and Build Conditions. Under existing summer traffic conditions for the AM peak hour,the intersection of Route 6A and Mill Way/Hyannis Road operates with substantial delays for the Hyannis Road approach. The Route 6A approaches experience minor delays and Mill Way has few delays. Under future No-Build and Build conditions,the Hyannis Road operation deteriorates, indicating delays for one or more phases of the signal. Operation of the Route 6A and Mill Way approaches remain the same LOS as existing conditions. For the PM peak hour, at the intersection of Route 6A and Mill Way/Hyannis Road, the.Route 6A approaches experience substantial delays and Hyannis Road experiences long delays,under existing summer and future No-Build and Build Conditions. Mill Way,however, operates with few,delays under all conditions. The proposed site,being located at the terminus of Freezer Road,will not Create an intersection with conflicting traffic movements;therefore, at this location intersection operation analyses are not applicable. Accident/Safety Issues Accident data collected for the study area does not indicate a pattern of safety concerns neither traffic volume nor geometry)in the stud area. No accidents were ( g rY) Y reported at the Mill Way/Freezer Road intersection in the three year study period. Ten(10)accidents were reported at the Route 6A and Mill Way/Hyannis Road intersection, of which the majority can be considered to have been the result of driver negligence. Traffic Impact Assessment Page 13 Atlantic Design Engineers.Inc. A : �► Geometric Elements Per AASHTO, for a local roadway with ADT less than 400 vehicles per day,the minimum travel way width is 17.7 feet and minimum shoulder width(paved plus unpaved flat areas adjacent to the roadway)is two feet(2)on each side. The total minimum roadway width is 21.7 feet. Freezer Road,being approximately nineteen feet(19) in paved width, and having at least two feet(2) of flat "graded" unpaved shoulders adjacent to the road provides a total roadway width of twenty three feet(23'). Therefore,the roadway width is considered adequate for the Build Conditions ADT of 150 vehicles per day. Conclusions Based on the results of the traffic analyses, in our opinion,there is no indication that the proposed development will create any perceptible negative impact to the operation of the intersections of NO Way and Freezer Road or Route 6A and Mill Way/Hyannis Road. Freezer Road will experience an increase in traffic,however, the existing roadway width is considered adequate to handle the additional traffic. The existing open drainage system on the roadway does not exhibit inadequacies that would be worsened by the additional traffic generated by the development,nor does the existing pavement condition indicate any need for improvements to accommodate the increase in traffic. The proposed site drive will create an intersection at the terminus of Freezer Road which will have no conflicting traffic movements, and therefore no safety issues related to sight distance nor delays associated with intersection operation. 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