HomeMy WebLinkAbout0065 INDEPENDENCE DRIVE (3)..•f..
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PROJECTIZeivy,..„_4_
NAME: Zoti
ADDRESS:
c- -
fgo•Kk- s-.1-6, cr
PERMIT# —7'7-3(0-0
PERMIT DATE: (� I I l O
l
CI ot�
LARGE ROLLED PLANS ARE IN:
BOX t � �
SLOT
Data entered in MAPS program on: 3 1 3
BY:
qwP/ files/forms/archive
Summit Building Services,Inc.
4 Executive Park Drive
N.Billerica,MA 01862
Phone:(978)663-9400
Fax:(978)663-4251
Robert Kahl-Licensed Contractor
Licensed/Insured • Construction/Maintenance
11114 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ' ,j<J'4.4%g
Map a Parcel 0 6 7Permit# �C,
Health Division 'N 0 e r Date Issued CA//0 V
Conservation Division 50. It/ P. Application Fee /�
17
Tax Collector Permit FeP ! / , y f
Treasurer
)6. •
Planning Dept.
Date Definitive Plan Approved by Planning Board
Historic-OKH Preservation/Hyannis
1
Project Street Address ($ /^ 2' €€e"id e�cQ ��'i
Village _ .../-`S 6 i-1
Owner fLfT'L Fy Address
Telephone
Permit Request //1 0 //3, rid in/ tR 7 X a/
Square feet: 1st floor: existing proposed 5 7' 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation jO(,qO Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi Family(#units)
Age of Existing Structure Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes ❑No
Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other
Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing new
Total Room Count(not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other
Central Air: ❑Yes 0 No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 0 No
Detached garage:,0 existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size
Attached garage:❑existing ❑new size Shed: ❑existing ❑new size Other:
Zoning Board of Appeals Authorization ❑ Appeal# Recorded 0
Commercial ❑Yes ❑ No If yes, site plan review#
Current Use Proposed Use
// / � BUILDER INFORMATION
Name SLtrnmi t OmI Idly c_ e_ v ireS I flc . Telephone Number p 72.) G,L03 -Q L
Address Exec. V e ark iV e_ License# OLP'J��I L.v
DUar-th 611 Px1-Ca /4-• 0I Home Improvement Contractor#
Worker's Compensation# PaJks5 - r7i 57 &
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO t tH . / Vor-/h
SIGNATURE DATE LP//6/4
7 .
I
' FOR OFFICIAL USE ONLY
, PERMIT,NO. ,
-.
- DATE ISSUED ' - '
MAP/PARCEL NO.
5 ADDRESS VILLAGE - - r
OWNER
DATE OF INSPECTION: Y�.
CI
''. FOUNDATION s ,.,!✓,.:) ..a.'lag I h ✓9r 0 k V •
FRAME 15./',r(fr-7 p fr Vc/o y d ,
'"4 INSULATION
"-4 FIREPLACE
ELECTRICAL: ROUGH FINAL ' •
, PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL
t
1 FINAL BUILDING t
i.
�4 1 ./`°
DATE CLOSED OUT
ASSOCIATION PLAN.NO.
f
if,
COMMERCIAL BUILDING PERMIT FEES
APPLICATION FEE V
New Buildings,Additions $100.00 /6'o. d G
Alterations/Renovations $50.00
Building Permit Amendment $50.00
FEE VALUE WORKSHEET
NEW BUILDINGS
S? ` square feet x$140.00/sq.foot= (5-di T x.0061= V J/ 71
ALTERATIONS/RENOVATIONS OF EXISTING SPACE
square feet X$96/sq.foot= X.0061=
STORAGE BUILDINGS ONLY
square feet X$32.00/sq.foot= X.0061
Commprojcost
Jun 21 04 01 : 36p Robert Kahl 1 -978-663-4251 p. 2
' BOARD OF BUILDING REGULATIONS
License: CONSTRUCTION SUPERVISOR
4
Number: CS 068596
Birthdate: 06/21/1957
Expires: 06/21/2004 Tr.no: 25685
Restricted: 00
ROBERT J KAHL
47 GAY ST
N CHELMSFORD, MA 01863 Administrator
• •Jun 17 04 08: 57a Robert Kahl 1 -978-663-4251 p. 2
.cric By: 66C HUUSON: Y18 566 W316 ; Apr--2-04 7:54; • '�,Ie
•
vi*-1 THE FLATLEY COMPANY
Fitty Braintree lilt OffirA Park•t3ramtree,NtassaCl usells 02184 8754•(781)E318.2000
,March 15. 2004 Vl u: ups Next Day
Mr.Michael 13rich r
Geologic Services Corp.
Hyarogec4ogists &Environmental Scientists
15 Bonazzoli Avenue
Matson. MA 01749
Re.: Fully Executed Site Access Agreement
Motives Enterprises LLC
rSotithwind Plaza, f-lvuitnis. Mfg
Dear Mr. Bricher.
Enclosed please find two (2)Ally executed copies of the above-referenced document
for yaur file.
if 1 can he of further assistance,please feel free to contact me at (781) 849-5130.
Very truly yours, fy,
. ht--#11 --
% o Ann M. Keyes
( Retail Division— The tley Company
Enclosure
cc: J. ROche. Al, Medeiros, H, Lawler
Carninurcial • Shopping Centers • tdark Deveieprnonl COrnpony • Re6kieniial Properties • Flat1.y Rr+hnbilitelinn&kkosing Centers • Tara HooCIS
Jun 17 04 08: 58a Robert Kahl 1 -978-663-4251 p. 3
;',c.nt by: CSC HUUSC}W, Yn3 5da 9313 ; A�;r-12.04 i:54; }2c<, 3
SITE ACCESS AGREEMENT
This SITE ACCESS AGREEMENT("Agreement")is entered into by Motiva Enterprises LLC
("Motive") and Thomas J. Flatley,dba The Flatley Company(the"Owner")(collectively Motiva
and Owner are referred to as the"Parties");
WHEREAS,Owner owns property located at 65 independence Drive, Ilyannis,Massachusetts
(the"Property");
WhIEREAS,Motiva by and through its agents,wishes to otter the Property to perform.
monitoring/recovery well installation, active remedial efforts in the form of a groundwater pump
and treatment system,conduct periodic gauging and sampling of monitoring wells,and operation
monitoring and maintenance visits of the remedial system(hereinafter defined as the
"Activities"). A description and location of the proposed workscope activities are identified in
the Phase IV-Remedy Implementation Plan(Phase IV-RIP) for RI'N 4-11301,dated January 30,
2004_
WHEREAS, for Motiva to conduct the workscope activities identified in the Phase IV-KIP,
Motiva seeks the permission of Owner to enter onto the Clatley Property to complete the
workseope activities(the"Activities");
NOW, THEREFORE,in exchange for mutual promises and consideration the receipt of which is
hereby acknowledged,the Parties agree as follows:
1. Owner grants Motiva a nonexclusive license to enter the Property to perform the
Activities described above. In connection therewith,Motiva agrees to indemnify,defend and
hold harmless Owner, its members,predecessors,subsidiaries,affiliates,officers,directors,
employees,agents,and each of their predecessors,successors,heirs and assigns,from and
against any and all demands,claims,causes of action,losses,damages,liabilities(including
without limitation all environmental liabilities),penalties,costs and expenses(including
attorney's fees) (collectively,"Owner's Losses") arising from the Activities Motiva conducts on
the Property ,whether or not the matters subject to this indemnity arise or are caused by the sole
negligence,concurrent negligence,gross negligence or intentional conduct of any person,or
strict operation of law without regard to fault.Motive's indemnification obligations shall also
cover(a)any contamination ofthe Property caused by migration of eontarainants onto the
Property from the location of DEP RTN 4-11301 and(b)any contamination of other property
caused by mutation of contaminants from the Property resulting from the migration of
contaminants from the location of DEP KIN 4-11301.Motive's indemnity shall survive the
termination of the Agreement. Owner shall have no responsibility or liability with respect to
any costs and expenses,except those related to Owner's gross negligence or willful misconduct,
incurred by reason of the Activities.
2. Motiva will repair and restore the Property to the same condition as existed prior to the
Activities. All pavement that has been disturbed shall be restored in a manner using methods
standard in the industry,but not lesser quality than the existing paving. Notwithstanding
anything to the contrary contained herein,Motiva shall not disturb any existing buildings on the
Jun 17 04 08: 58a Robert Kahl 1 -978-663-4251 p. 4
Sent By GS_ HUDS'CFJ;- 9 ti :�iE 931�� ; A! r.1 2.Oa :'�.1; 'aj 3;7
Property nor make any excavations which may jeopardize the structural integrity of the buildings
on the Property.
3. Motive will prevent the disruption or damage to the Property that results from the
Activities. Motive and its agents shall take necessary precautions to minimize interference to
business operations. Niotiva shall indemnify and hold Owner harmless from any disruption of
normal business activities that may result in loss of income by Owner from the tenants on the
Property. If a loss of income claim is made then Owner agrees to provide Motive with any all
records and/or documents to substantiate such claim. Any monitoring devices installed in
association with these Activities may remain in place for as long as is reasonably necessary or
until termination of this Agreement,whichever is longer. All monitoring wells shall be
maintained in good working order.
4. Tor a period of time not to exceed four(4)years from the date that the Parties sign this
Agreement with an option for early termination or to renew annually thereafter until no further
response actions are required at the property,Motive, its duly-authorized agents,servants and
employees shall be permitted to enter upon the Property during normal business hours and to
perform the Activities.Motive shall provide Owner with sixty(60)days written notice prior to
any early termination or extension of this Agreement. For activities beyond normal operation and
maintenance activities or to be conducted during off hours,tvlotiva/or its representative will
contact Owner by telephone not less than three(3)days in advance of the date of the access to
confirm availability of access to the Property.
3 Owner or its Attorneys may designate any representative of their choosing to he present
when Motive or its representatives conducts the Activities. Motive shall not unreasonably
interfere with the use,occupancy or enjoyment by,or any of Owner's tenants and/or subtenants,
or other occupants of the Property or their respective employees,contractors,customers or
Work
guests. Metiva further agrees to that some of the work may need to be performed during
hours in order to minimize business interference at the Property.
b. The right of access shall include the right to enter the Property with ail equipment,tools
or other items necessary to conduct the Activities.
7. Motive,by and through its agents will maintain General Liability and Professional
Liability insurance for the entire term of this agreement in amounts of not less than$1,000,000 per
occurrence and$2,000,000 in the aggregate,and will maintain automobile liability insurance
coverage at a combined single limit of S1,000,000,workers compensation liability insurance
coverage at statutorily-required amounts and Employer's Liability insurance protecting Owner
against common law liability,in the absence of statutory liability, for employee bodily injury
arising out of the master-servant relationship with a limit of not less than Two Hundred Fifty
Thousand and No/100 Dollars($250,000.00)each occurrence. Before work is allowed to occur
on the property Motive/or its agents must provide to the Owner an original insurance certificate
naming the Marley Company as an additional insured under General Liability and W'orlaer's
Compensation and Employer's Liability coverages.
8. Motive represents,warrants,covenants,and acknowledges to Owner that Motive
. • 466(
Geologic
Services
Corporation
• some,aeglneVMg a tecnnowgy
•
Memorandum •
ROBIN C.GIANGRECORip •
•
Town of lam stable
To: Don Gilbride zoning and see Plan Review Coordinator
From: Michael Bricher 200 Main Shoot,Myannls.MA 172601 I
(508)862.4027
Fax c5os)790.6230
robin.glangfogorioobwn.banwtable,ma.us
Date: June 8, 2004 •
RE: Information fact sheet items: repared for 0 -Property Rernediation Building
Permit regarding Former Texaco Service S .tion, 1140 Iyannough Road,
Hyannis, MA
Don:
have attached hard copies and electronic CD ofthe S to P an and Remediation building design
•
figures(Figures 1 through 4). f have revieaied the"Buildi g permit procedures for new commercial
building"correspondence with my contact:at the Barns tabl Planning Department,Robin
Giangregorio. Please note the following response actions •uired for items 1 through 6 on the
Building Permit Procedures: .
1.) Letter of Approval from Site Plan Review-Refer to y attached email from Robin
Giangregorio. .
2.) Zoning Board of Appeals Relief-NotApplicabl
3.) Plot Plan-GSC does not have eertiSed.copy of PI t P an. Contact Ms.Giangregorio if this is an
absolute requirement. If so,Gilbride Electric will ee• to go to Barnstable Registry of Deeds to
get certified plot plan.
Site Plan.See attached Drawing(Figure.l)
Copy of Deed.Not applicable. If questioned,ha th refer to Ms.Giangregorio
4.) Approval the Historic Districts- Not Applicabl 0, site lies outside of these historic districts.
S.) Construction Plans-Refer to Figures 2 through
6.) Barnstable Departments Review and Approval. approval process should be straight
forward with thesedcpartments because.the majority iewed them during the Site Plan Review
Approval process.
•
Please contact Robin Giangregorio at 508-862-4027 or m ,elf with any questions or comments.
Thank you.
MCB •
•
•
Providing 6nvlronmental Ms s0smoN SOM+Uom to a ens anti Industry Swat)1982
100%E ra"Omrsd IS'OP
15 Bona7nat Amu*•Nudism,MA 01740 TO: 2711.56111174 •800.522.5740•Fax:578.581.9316
vw++v.dwatcbai cam
�00�T00•d 9121 9bb SJ F, t:rl 1 aGK'QQC?P1 A rn '1T?li'1a1a a(1T?!c-1Tri!i.rcw 1{.a aT 6aam_era_►.in r
•
Mike Bricher
From: Giangregorio, Robin[Robin.Giangregorio@town.barnstable.ma.us)
Sent; Thursday, May 06, 2004 8:15 AM
To; Mike Bricher
Subject: RE: Independence Drive
Mike, •
The email I sent should serve as approval for the p rmicting process allowing for the
installation of the reclamation system and building. As Chairman. the Building
Coamiaoioner has tht final authority over the panel Your contractor will need to provide
a copy of this email with the permit application, He must identify the spr number
assigned to the project ( (iP.R 034-04) . If there ar any questions from the cler:ieal staff
regarding authorization, he should be referred to me. Any one of the Building staff out
front should be able to assist with this process. The Local Inspector assigned to Hyannis
i.a Dave Mattos. He is in the office from 8•-9;30 every morning and in the late atternoon
around 3:30 - 430.
1
Peel free to contact me again if you require additidnal information.
Robin
-• • •Original Message
From: Mike Bricher Imailto:mbriaherOma.gsc-global.coml
Sent: Wednesday, May 05, 2004 4:49 PM
To, Giangregorio, Robin
Subject: RE: Independence Drive
- i
- Thanks Robin:
To further clarify, does this mean that all
Site
Plan Review Committee members have given
ua authorization to proceed with the remediation sy^�tem instal]. process. If so, we will
proceed with remediation drilling followed by remedjatior, trenching/ pipe :i.r,Btal•l:itiort
next week.
Also, we will be 3 kidding the remediation building. The awarded contractor will secure
the building permit. Do you have a specific contac from the building department we
should use to accellerate the permit process. Thanks
Sincerely,
Michael Bricher
Geologic Services Corporation
15 Bonazzoli Ave.
Hudson, MA 01749
mbricherema.gac•global.com
978-568-8740 , Ext 248
•
NOTICE: This e-mail message and any attachment to this e-mail message may contain
confidential information that may be legally privileged. Xf you arc not the intended
recipient, you- must not review, retransmit, conver'tito hard-copy, copy, use, or
disseminate this e-mail or any attachment to it. Ili you have received this camas in
error, please notify us by return e-mail or by• telephone at 978.568.8740 and delete this
message. please note that if this e-mail message contain.; a forwarded message or is a
reply to a prior message, some or all of the: contents of this message or any attachments
• may not have been produced by GSC. This notice is automatically appended to each e-mail
message sent from GSC.
Thank you.
o
---Original Message
1
£00/200'd 9L20 9170 8L6 T:01 d&.9S28L6 OD 01211.3313 OI2i81I3:W021d Lb:OT 4902-60-Ntlf
From: Giangregorio, Robin [mailto:Robin.Giangregorio@town.barnstable.ma.us]
Sent: Wednesday, May 05, 2004 4 :20 PM
To: mbricher@ma.gsc-global.com
Subject: Independence. Drive
Hi Mike,
Please be advised that the Building Commissioner has approved the application you
submitted for the Flatly project on Independence Drive. Let me know if you require
additional assistance. Thank-you for your patience. Robin
•
—�_ __ The Commonwealth of Massachusetts
u Department of Industrial Accidents
-- _ zj 600 Washington Street
4R;' Boston,Mass. 021I1
Workers' Com ensation Insurance Affidavit:Buildin /Plumbin lectrical Contractors
name:
address:
city state: zip: phone#
work site location(full address):
0 I am a homeowner performing all work myself. Project Type: ❑New Construction❑Remodel
am a soleproprietor and have no one workingin an ca acity. ❑ BuildingAddition
I am an employer providingfl workers' compensationo/ for
1 my employees
1/working on this job.
company name: 31-�� [ 1i/ I 81/Lf /�I i i l q e V i(es- In e ,
/� c� J ' 1
address: A�. . 71-�rl m c Lr) , 5L Li le_ -#,__Q
city: . :)l i )A_f /) [ ig of ,5--1 phone#: (9 1 K/) LGL.3 WO()
insurance co. e.zrie SS —1--t 1`3w- t a e olic.,# /(t, /QSCO
'% /�%/ / %/
❑ I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below who
•
have the following workers' compensation polices:
company name:
address:
city:
phone#:
insurance co. Jolley#
- company name:
address:
city:
phone#:
insurance co. policy#
Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 and/or
one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a
copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
I do hereby certify under the pains.)and Aalties of perjury that the information provided above is true and correct
1
Signature Date
Print name ,i d -- 71 k F / Phone# (9r-&) L(.0. -9Liti)
official use only do not write in this area to be completed by city or town official
city or town
. permit/license# ❑Building Department
0 check if immediate response is required OLieeming Board '`
❑Selectmen's Office
- contact person: Health Department
(wed Sept:.�) phone#; • ❑Other
4 Fawn& .ax*Aare c7
rV..�t�i .exw' a,Ata 01862 Summit fB SEtU'l1CP�3, J iw.
(978)663-9400 phone
(978)663-4251 fax
Memo
To Building Department
From: Robert Kahl
Date: June 10,2004
Re: Shell Gas Station—1140 Iyannough Rd in Hyannis,MA.
Dear Sirs,
Enclosed please find a permit application showing my companies'information,two (2)
drawings for a 24 X 24 shed,a letter from Michael Bricher of the Zoning Board,and my
Workers'Compensation Insurance affidavit.
I will call to discuss any further requirements you may have on Monday June 14,2004.
Sincerely,
Roberti'.Kahl e ,Q
President /v
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M.Sit. A aa,.MCQ 01862 Summit [Budding Se Atfi e 11.7nc.
(978)663-9400 phone
(978)663-4251(ax
Memo
To Building Department
From: Robert Kahl
Date: June 10,2004
Re: Shell Gas Station—1140 Iyannough Rd in Hyannis,MA.
Dear Sirs,
Enclosed please find a permit application showing my companies'information,two (2)
drawings for a 24 X 24 shed,a letter from Michael Bricher of the Zoning Board,and my
Workers'Compensation Insurance affidavit.
I will call to discuss any further requirements you may have on Monday June 14,2004.
Sincerely,
•
Roberti Kahl
e -/
President I '"
fe_irreitj
0j(?) DYit-/V4.( )V o
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Jun 17 04 08: 59a Robert Kahl 1 -978-863-4251 p. 5
SerrC 3y: GSC NUl3S0Af; 0.8 _;EBB 9'Jl ; ..pr-12-06 7:55; Page 5/7
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consultants for the Activities are experienced environmental consulting and engineering
companies for projects such as is described hereinabove.Motiva is a corporation duly formed,
validly existing and in good standing. This Agreement constitutes a valid and legally binding
obligation of Motiva.
9. No delay in exercising any right or remedy shall constitute a waiver thereof,and no
waiver by any Party hereto of the breach of any covenant of this Agreement shall be construed as
a waiver of any preceding or succeeding breach of the saute or any other covenant or condition
of this Agreement.The terms and conditions hereof shall not affect,hinder,abrogate,or interfere
. with any other rights,actions, or remedies that the Owner may have,or have ever had,against
Motiva.
10. The per.lbrmance of the Activities shall be of no cost or expense to Property Owner,and
Motiva shall pay any reasonable cost,not to exceed$2,500, incurred by the Property Owner in
connection with review of this Agreement within 30 days after the Property Owner's demand
thereof. Motive also agrees to pay rent for the use of land situated below the Remediation payable
month able
a
`6
Treatment System Building and fenced enclosure at a rate equal to 600.00 per
'
on the 1�day of each month once work on the building is started. Motiva shall have the option
Pton
of paying for several months or a year in advance. After the initial four year term,the rent to be
paid hereunder shall be adjusted annually by a factor equal to the percentage
e increase
ncr shall the eCPI
for the Boston Metropolitan SDI from thedate of this agreement, in
no nt be
reduced as a result of such calculation.
11. The Remediation,Treatment System Building(the"Building")shall be installed in the
southwest portion of the Owner's Property in the location approximately shown on Exhibit A,
attached hereto. The Building shall have a"Cape Cod"style façade and shall be situated such
that the garage door portion of the building shall face away from the shopping center buildings
located on the Property_ The location and final design of the Remediation Treatment Building,
site improvements and landscaping plans will have to be approved by the Owner,in his sole and
absolute discretion,prior to the commencemcra of work on the property. Notwithstanding
anything to the contrary contained tained herein,the Building shall not be located on any existing paved
driveways or parking spaces. Further the Budding shall not be located in any location that would
violate the Town of Barnstable Zoning By-Law or which would place the Property in violation
of any Zoning requirement in general or specific application to the Property.
The Owner will have the option to either have Motiva demo the Building at the end of the
agreement,or the Owner take control of the Building when the agreement is terminated.
12. Prior to performing any work on the Property, all required Federal,state/local permits
associated with the environmental remediation activities at the Property will be obtainal by
Motiva, at its sole cost and expense. Motiva will be responsible for any and all conditions of
permit approval by others.Any permit conditions must be acceptable to the Owner, in his sole
and absolute discretion, but which shall not be unreasonably withheld. Motiva shall comply with
existing Federal,state or municipal laws,rules or regulations concerning environmental matters.
Owner has filed a Dowpgradient Property Status Report with the Commonwealth of
Jun 17 04 09: 01a Robert Kahl 1 -979-663-4251 p. 6
Scilr By: E=5i hIUD:Ufd, 978 5t?B 9318 ; Apr-12-'34 7:'6'5; Paps? u"!1
•
- Massachusetts. Upon execution of this Agreement, Motive shall reimburse Owner for the
expense of preparing and filing such Report.
•
13. No modtf atio Agre
ement n of this A eement shall be deemed effective enless in writing and signed
by the Parties,however Owner reserves the right to unilaterally terminate this Agreement with
three days verbal or written notice to Motive.
i 4. Neither this Agreement,nor the fact that Motive is performing the Activities, shall be
interpreted as an admission by Motive or its clients of liability or of any matter of fact or law,or
as a declaration against interest. Nor shall this Agreement create an independent obligation
on the part of Motive or its clients to undertake any site investigation or response action.Neither
this Agreement,nor the fact that Owner is providing access to perform the Activities,shall be
interpreted as an admission by Owner of liability or of any matter of fact or law,or as a
declaration against interest.This Agreement shall not be introduced as evidence in any
proceeding other than a proceeding to enforce the terms hereof.
15. This Agreement is binding on the Parties'officers,employes,agents,principals,
successors,and assigns.
16. Any disputes arising pursuant to this Agreement shall be resolved,if feasible,by good
faith consultation between the Parties,their counsel and consultants,provided that this shall not
impose on Owner any obligation to act other that at his discretion where such discretion is
provided.
17. This document constitutes the entire agreement between the Parties relating to access to
the Property in connection with the Activities and shall be governed by and construed in
accordance with the laws of the United States and the Commonwealth of Massachusetts. In the
event that additional corrective actions are required by Motiva at the Propety in order to satisfy
all applicable federal,state,and local regulations, a Scope of Work will be sett to all Parties for
acceptance.
18. All notices or other submissions required or appropriate under the Agreement shall be
sent by first class mail,facsimile,nationally recognized overnight delivery service or certified
mail,return receipt requested. Such notices or submissions shall be sent,unless written notice
has been given of a change by either party,to the fbilowing persons;
Motive: 910 Louisiana
One Shell Plaza-Floor(i
Houston,Texas 77002
Attn: Director Safety,Health&Environment
Science &Engineering
Jun 17 04 09: 02a Robert Kahl 1-978-663-4251 p. 7
Sent B GSC HUDSOc1; u.78 0r=E Y31 ; Apr-12-04 7: 6; i
•
Alsu
•
David Weeks
PMB 301
1330 South Road Unit 24
Wappingers Falls, NY 12590
Flatley:
Mr. Thomas J. Flaky
The Flatley Company
50 Braintree Hill Office Park
Braintree,Massachusetts 02184
In witness whereof the Parties have executed this Agreement on the dates set out below.
Motiva Enterprises LLC The Flatley Company
By SAO
.�0 P it
Name: 4/e. 6• ee ,sic/ loth.eye Thomas J. 'latley
/
Title: 4.,.5e , lc i' awe[ C-fim°6`.
Dated: February 23 ,2004
Jun 17 04 09: 02a Robert Kahl 1 -978-663-4251 p. 8
.April 1 . 2004
NSlAl
Nis. 1Nal1Cv Allen
Re: Remedial-ion Activities
l ial ley Shopping Center
65 Independence Drive
Hyannis, Massachusetts 02601
\4s. A'len
Geologic Services Corporation(GSC) on behalf of Motiva Enterprises LLC (Motiva)has prepared th's P 1 1.
correspondence in response to NSTAR's request for written confirmation of the property owner's
approval to proceed'~vith the electrical power hook up connections in association with a remedial system
installation project at the above referenced property. The environmental response actions are being
conducted by Motiva in response to a petroleum release at the former Texaco-branded service station
located at 1140 lyannough Road,Hyannis,MA(Massachusetts Department of Environmental Protection
(DEP) Release Tracking Number 4-1 1300.
These activities were performed in accordance with DEP Administrative Consent Order(ACO) tile
number.ACO-SE-03-3S-002 with effective date February 19. 2003 and Amendment date September 1
2003. A Phase IV -Remedy Implementation Plan (Phase-IV) was submitted to the DEP on January 29.
2004 detailing the remediation system installation design at 65 Independence Drive. A property access
agreement was executed by Motiva and the Flaticy Company,owner of 65 Independence Drive on
February 23,2004. This access agreement details the remediation activities required by Motiva at the 65
Independence Drive property in order to satisfy the performance standards set forth in the ACO and Phase
IV regulatory documents.
Please Tel tree to contact the undersigned with any questions or comments.
Sincerely.
Geologic Services Corporation
David hiacone,P.E.
Project Enginccr
Ref. ii00U5U9_Lt Nstar 04-04
Mr.John Roche,The Flatley Company,5()Braintree Hill Office Park, Braintree,MA 02184
David B. Weeks, SOPUS, PMB. 301, 1830 South Road, Unit 24, Wappingers Falls,Ni( 12590
•
Providing Environmental Management Soivaons to Business and Industry Since 1982
A 100"rc Employed-Owned ESOP Company
15 Bonazzoli Avenue . Hudson, MA 01749 - e: 978,568.8740 1800.522.8740 .. Fax: .978.568.0316
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